Wildomar City Council
June 14, 2023

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR

MEETING
WEDNESDAY, JUNE 14, 2023
Closed Session: 5:30 PM | 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 – CLOSED SESSION - 5:30 P.M.

ROLL CALL
Council discussion and determination on whether an absence is excused.

PUBLIC COMMENTS

CLOSED SESSION

CLOSED SESSION
RECOMMENDATION:

1. The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:

Paul Blackburn v. State of California – California Department of Transportation, et al., Case. No.: CVSW2302480

RECONVENE INTO OPEN SESSION

ANNOUNCEMENTS

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

ROLL CALL
Council discussion and determination on whether an absence is excused.

FLAG SALUTE

PRESENTATIONS
Other presentations

DEPARTMENT REPORTS

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-May 10, 2023 - Regular Meeting
RECOMMENDATION:

Approve the minutes as presented.

General Plan Update Progress Report #12
Presented By: Matthew Bassi, Planning Department
RECOMMENDATION:

Receive and File.

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. 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
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 1.3 Warrant Register May 2023
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 05-02-2023 in the amount of $3,621.

2. Warrant Register dated 05-04-2023 in the amount of $170,315.35.

3. Warrant Register dated 05-11-2023 in the amount of $956,283.11.

4. Warrant Register dated 05-18-2023 in the amount of $658,039.70.

5. Warrant Register dated 05-25-2023 in the amount of $258,860.40.

6. Wire Transfer Register dated 05-31-2023 in the amount of $22,573.15.

7. Payroll Register dated 06-01-2023 in the amount of $215,027.33.

1.4 April 2023 Treasurers Report
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Approve the Treasurer’s Report for April 2023.

1.5 FY2023-24 GANN Limit Adoption
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24

1.6 Agreement with St. Francis Electric, LLC, for Traffic Signal Maintenance Services
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Authorize the City Manager to execute a Maintenance Services Agreement with St.

Francis Electric, LLC, for Traffic Signal Preventative Maintenance, Repair, Minor Construction, and Emergency On-Call Services.

1.7 First Amendment and One Year Extension to Landscape and Parks Maintenance Services Agreement with Inland Empire Landscape, Inc.

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

Authorize the City Manager to execute the First Amendment and One Year Extension to the Maintenance Services Agreement with Inland Empire Landscape, Inc. for Landscape and Parks Maintenance.

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
4 1.8 FY 2023-24 List of Projects for the SB1: Road Repair and Accountability Act of 2017
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

1.9 Tract No. 31896 DR Horton Avalino - Rough Grading Agreement, Stormwater Management/BMP Facilities Agreement (Privately Maintained) and Stormwater Management/BMP Facilities Agreement (CFD Maintained) RECOMMENDATION:

Authorize the City Manager to execute the Rough Grading Agreement and Stormwater Management/BMP Agreements with D.R. Horton Los Angeles Holding Company, Inc. (Developer).

1.10 Parcel Map No. 32833 - Subdivision Improvement Agreement with New Owner, McCoy Homes, LLC
Presented By: Emily Stadnik , Public Works/ Engineering Department RECOMMENDATION:

Authorize the City Manager to execute the Subdivision Improvement Agreement with New Owner, McCoy Homes, LLC for Parcel Map No. 38233.

1.11 Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) for Fiscal Year 2023-24
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1 (SERVICES) FOR FISCAL YEAR 2023-24

1.12 Joint Park Use License Agreement with The Farm Property Owners Association
Presented By: Daniel Torres , Community Services Department RECOMMENDATION:

Authorize the City Manager to sign the License Agreement

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
5 1.13 Joint Park Use License Agreement with Briarwood Community HOA Presented By: Daniel Torres , Community Services Department RECOMMENDATION:

Authorize the City Manager to sign the license agreement.

1.14 Joint Park Use License Agreement with Wind Stone HOA.

Presented By: Daniel Torres , Community Services Department RECOMMENDATION:

Authorize the City Manager to sign the license agreement.

1.15 Levy and Collection of Special Taxes within Community Facilities District No. 2022-1 (Services) for Fiscal Year 2023-24
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) FOR FISCAL YEAR 2023-24

1.16 Annual Levy for Community Facilities District (CFD) (Facilities/Bonded) for Fiscal Year 2023-24
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2023-24

1.17 Seventh Amendment to Design Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Road Project Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

1. Authorize the City Manager to execute the Seventh Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project.

2. Appropriate an additional $146,000 in TUMF funding to the Project budget, to accommodate the Seventh Amendment.

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
6 1.18 UHS of Rancho Springs Community Event Partnership Memorandum of Understanding (MOU)
Presented By: Daniel Torres , Community Services Department RECOMMENDATION:

1. Authorize the City Manager to sign the MOU with UHS of Rancho Springs dependent that the commercial business fulfills all requirements;

2. Waive fees associated to the application and processing of the Temporary Event Permit dependent that the commercial business fulfills all requirements.

1.19 Updates to Position Classification Descriptions, Revising Position Classification Schedule, and Adopting a New Pay Plan
Presented By: Heidi Schrader , Administrative Services Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADDING TWELVE (12) POSITION CLASSIFICATION
DESCRIPTIONS; REVISING FOUR (4) POSTION CLASSIFICATION
DESCRIPTIONS; ADOPTING A NEW PAY PLAN; AND REVISING THE POSITION CLASSIFICATION SCHEDULE TO REFLECT THE TWELVE (12)

NEW POSITION CLASSIFICATION DESCRIPTIONS

2. PUBLIC HEARINGS

2.1 Delinquent Trash Collection Service Charges
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, CONFIRMING THE REPORT OF DELINQUENT TRASH

ACCOUNTS AND REQUESTING THE DELINQUENCIES BE PLACED ON THE

PROPERTY TAX ROLL

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
7 2.2 Landscaping and Lighting Maintenance District No. 89-1-Consolidated & Street Lighting Zones
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023-_____

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

CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ALL ZONES, OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89- 1-CONSOLIDATED OF THE CITY OF WILDOMAR AND LEVYING

ASSESSMENTS ON ALL LOTS AND PARCELS OF LAND THEREIN FOR FISCAL YEAR 2023-2024; AND AUTHORIZING THE ADMINISTRATION OF THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED FOR FISCAL YEAR 2023-24

2.3 County Service Area (CSA) Charges for FY 2023-24
Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, ADOPTING COUNTY SERVICE AREA CHARGES WITHIN THE CITY FOR FISCAL YEAR 2023-24

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
8 2.4 Public Hearing for Annexation No. 4 (Baxter Village PM37941) - Consideration of Territory to be Annexed to Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 4
RECOMMENDATION:

1. Open the public hearing;

2. Take testimony;

3. Close the public hearing;

4. Adopt Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED

ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 4)

5. Hold the election;

6. Canvass the election; and

7. Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 4)

3. GENERAL BUSINESS

3.1A City of Wildomar FY2023/24 & FY2024/25 Biennial Budget for Adoption Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING AN ADOPTION OF THE FY2023-24 & FY2024-25

BUDGETED REVENUES AND EXPENSES AND SCHEDULE OF AUTHORIZED POSITIONS FOR FY2023-24 & FY2024-25

CALL TO ORDER THE CEMETERY DISTRICT MEETING AND ROLL CALL

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
9 3.1B Adoption of FY 2023-24 and 2024-2025 Biennial Cemetery Budgets Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. WCD2023 - _____

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILDOMAR
CEMETERY DISTRICT, AUTHORIZING AN ADOPTION OF THE FY 2023-24 and 2024-25 BUDGETED REVENUES AND EXPENSES

3. GENERAL BUSINESS

3.2 5-Year Capital Improvement Program (FY 2023/24 - 2027/28) Presented By: Jason Farag , Public Works/ Engineering Department RECOMMENDATION:

Adopt the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28.

3.3 Bingo Ordinance Amendment
Presented By: Thomas D Jex , City Attorney
RECOMMENDATION:

1. Introduce and approve the first reading of an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING ORDINANCE AMENDMENT NO. ___ TO AMEND CHAPTER 5.04 (BINGO) OF WILDOMAR MUNICIPAL CODE

2. Find that the ordinance amendment is exempt from CEQA under CEQA Guidelines sections 15378 and 15378(b)(2).

3.4 CR&R Wildomar Service Update
Presented By: Daniel A York , City Manager
RECOMMENDATION:

Receive and File

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
10 3.5 Consideration of Amendment to Franchise Agreement with CR&R Incorporated for the Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and Other Specified Services Presented By: Daniel A York , City Manager
RECOMMENDATION:
1) Consider and approve an amendment to the franchise agreement between the City of Wildomar and CR&R Incorporated for collection and transportation of solid waste, recyclable materials, organic waste, and construction and demolition debris and other specified services;
2) Find that approval of the proposed amendment to the franchise agreement is exempt from the California Environmental Quality Act under CEQA Guidelines Sections 15301 and 15061(b)(3); and
3) Authorize the City Manager to execute the proposed amendment to franchise agreement.

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
11 3.6 Purchase and Sale Agreement with CAFH Order of Wildomar, Inc. to purchase two properties located near 21776 Palomar Street, one of which is identified as Assessor Parcel Number 380-050-025 and the other is a portion of the parcel identified as Assessor Parcel Number 380-050-027 Presented By: Daniel A York , City Manager
RECOMMENDATION:

Adopt Resolution No. 2023 - _____ which:
(1) Authorizes the City Manager to sign the Purchase and Sale Agreement and all ancillary agreements and documents related to, and take any other actions necessary to complete, the purchase of two properties located near 21776 Palomar Street, one of which is identified as Assessor Parcel Number 380-050- 025 and the other is a portion of the parcel identified as Assessor Parcel Number 380-050-027. Ancillary documents will include without limitation the Grant Deed, Grant of Access Easements, and Water License Agreement (“Recorded Documents”), and a License Agreement. Necessary actions to complete the purchase will include without limitation signing certificates of acceptance of the interests conveyed by the Recorded Documents, signing escrow instructions, and depositing into escrow the purchase price and independent consideration for a due diligence period;
(2) Finds that the approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act for the following reasons:
• The Purchase and Sale Agreement itself is not a project subject to CEQA under CEQA Guidelines Section 15378 and it falls under the common sense exemption of CEQA Guidelines Section 15061(b)(3) because the Agreement simply preserves the status quo on the subject properties. No physical environmental changes and/or no significant environmental impacts will result from the City’s approval of the Purchase and Sale Agreement and therefore such approval is not a project subject to CEQA and/or is exempt from CEQA pursuant to the common sense exemption.
• The City is merely designating the Property as a preferred site for a potential park and/or civic building and parking facilities and restrooms to support either potential use pursuant to CEQA Guidelines Section 15004(b)(2)(A). Consistent with CEQA Guidelines Section 15004(b)(2), nothing in the Purchase and Sale Agreement commits the City to develop or use the subject properties at all, let alone in a way that would limit the City’s choice of alternatives or mitigation measures that the City’s future CEQA review document may identify as being necessary to avoid or lessen significant environmental impacts.

RESOLUTION NO. 2023 - _____

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A

PURCHASE AND SALE AGREEMENT AND OTHER RELATED DOCUMENTS

FOR PARCELS OF REAL PROPERTY

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
12 4. CEMETERY CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.

4.1 Minutes-May 10, 2023 - Regular Meeting
RECOMMENDATION:

Approve the minutes as presented.

4.2 Warrant Register Cemetery May 2023
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 05-04-2023 in the amount of $2,079.23.

2. Warrant Register dated 05-11-2023 in the amount of $1,072.95.

3. Warrant Register dated 05-25-2023 in the amount of $1,604.80.

CITY MANAGER REPORT

1. Wildomar Trail Sidewalk

2. Homeless Update

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
Board discussion and determination on whether an absence is excused.

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
13 4.3 April 2023 Cemetery Treasurers Report
Presented By: Adam Jantz , Administrative Services Department RECOMMENDATION:

Approve the Treasurer’s Report for April 2023.

5. CEMETERY PUBLIC HEARINGS
None Scheduled.

6. CEMETERY GENERAL BUSINESS
None scheduled.

GENERAL MANAGER REPORT

FUTURE AGENDA ITEMS

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING

CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
14 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. 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:
https://www.cityofwildomar.org/129/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: June 9, 2023

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

CC - REGULAR MEETING

CLOSED SESSION
Meeting Date: June 14, 2023
SUBJECT: CLOSED SESSION
SUBMITTED BY: Thomas D Jex
ACTION:

1. The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:

Paul Blackburn v. State of California – California Department of Transportation, et al., Case.

No.: CVSW2302480
16 CITY OF WILDOMAR

CC - REGULAR MEETING

DEPARTMENT REPORT
Meeting Date: June 14, 2023
SUBJECT: General Plan Update Progress Report #12
SUBMITTED BY: Matthew Bassi
PREPARED BY: Matthew Bassi
ACTION:

Receive and File.

SUMMARY:

Staff provided the City Council with the General Plan Update Briefing #11 at its last meeting on May 10, 2023. That briefing primarily covered the month of April 2023. The following is a summary of the recent task assignments completed during the month of May 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):
• The GPU Consultant team worked on the revised PC agenda packet from the April 19 PC study session to reflect the comments and revisions requested by the Planning Commission. • The Planning Commission held the 2nd of our 2 study sessions with the Planning Commission on May 24, 2023. There was positive feedback and discussion from the Commission and Public on the land use and circulation plans. • The Commission voted unanimously (5-0), to affirm the land use plan (with recommended refinements for Council consideration) and the circulation plan (no recommended refinements), to forward this recommendation to City Council for review and consideration.

Upcoming Tasks/Assignments (Next 30 – 60 days +):
• City Council study sessions/workshops is tentatively scheduled for Tuesday, July 18, 2023 (6 pm).
17 • This study session meeting will focus solely on the land use and circulation plan as recommended by the General Plan Advisory Group, Community and Planning Commission. • Upon completion of the study session and support from City Council, the GPU team will plow forward on the following tasks:
o Kick off the EIR process (July 2023);
o Development of the GP Goals and Policies (July – Sept. 2023) o GPAG Meeting #5 to discuss the GP Goals and Policies (August/Sept. 2023) o Public Workshop #3 to discuss the Goals and Policies (September 2023) o Begin work on the Zoning/Development Code update (Winter 2023) Website Stats/Information:
• Roughly 2,900 +/- unique visitors since website launch (June 14, 2022) • 148 total unique visitors in May 2023
18 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: June 14, 2023
SUBJECT: Reading of Ordinances
SUBMITTED BY: Janet Morales
ACTION:

Approve the reading by title only of all Ordinances on this agenda. 19 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: June 14, 2023
SUBJECT: Minutes-May 10, 2023 - Regular Meeting
ACTION:

Approve the minutes as presented.

ATTACHMENTS:

May 10, 2023 Minutes
20 MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT CC - REGULAR MEETING
WEDNESDAY, MAY 10, 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, Carlos Marquez
Members absent: Dustin Nigg
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.

The regular closed session was called to order by Mayor Morabito at 5:00 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 54956.8 to confer with legal counsel and conference with real property negotiators as follows:

Property: 23873 Clinton Keith Road, Wildomar, CA 92595, identified as APN 380-240-048 Agency negotiators: Dan York
Negotiating parties: CFT NV Developments, LLC
Under negotiation: Instruction regarding price and terms of payment.

Property: Vacant land identified as APN 380-050-025 and a portion of APN 380-050-027 (near 21776 Palomar St, Wildomar, CA 92595)
Agency negotiators: Dan York
Negotiating parties: CAFH Order at Wildomar Inc.

Under negotiation: Instruction regarding price and terms of payment.

RECONVENE INTO OPEN SESSION
The City Council reconvened into open session at 6:00 P.M.

ANNOUNCEMENTS
No reportable action.
21 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 by Mayor Morabito at 6:01 P.M.

ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
Members absent: Dustin Nigg
Staff in attendance: City Manager York, City Attorney Jex, Community Development Director Bassi, Code Enforcement Supervisor Berroteran, Senior Financial Analyst Jantz, Economic Development Director Davidson, Public Works Director Farag, Administrative Services Director Schrader, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

FLAG SALUTE
The flag salute was let by Councilmember DePhillippo.

PRESENTATIONS
None.

DEPARTMENT REPORTS

1. Library Update
Wildomar Library Manager Sandra Brautigam presented the department report.

2. Fire Department Update
Cal Fire Division Chief Olson presented the department report.

3. Police Department Update
Lieutenant Portillo, Deputy Crivello, and Deputy Hibbler presented the department report.

4. General Plan Update Progress Report #11:

Community Development Director Bassi presented the report.

5. Public Works/Engineering - Road Construction Updates Public Works Director Farag presented the report.

6. Public Works/Engineering – Bundy Canyon Rd. Construction Updates Councilmember Marquez recused himself for this item.

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

7. Code Enforcement Quarterly Update (FY 2022/23)
Code Enforcement Supervisor Berroteran presented the report. 22 8. Economic Development Update: Community Engagement Economic Development Director Davidson presented the report.

Councilmember Nigg joined the meeting at 6:54 P.M.

PUBLIC COMMENTS
None.

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. South Coast Air Quality Management District (SCAQMD)

9. Southwest Community Financing Authority (Animal Shelter)

10. Ad Hoc & Subcommittees

11. Community events

12. Regional events

13. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
Development Manager Stadnik reported that Camelia Project Owner, LLC requested that Item 1.14 be tabled to a future City Council meeting.

Moved by Dustin Nigg, seconded by Carlos Marquez to table Item 1.14 to a future City Council meeting.

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

Absent: None.

Moved by Dustin Nigg, seconded by Carlos Marquez to approve the remainder of the agenda as presented, reflecting that Item 1.14 has been tabled. 23 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 York requested that Item 1.15 be pulled and provided Council and the public with information on the new documents received regarding the purchase and sale of City Parcel APN 380-240-063.

Moved by Dustin Nigg, seconded by Bridgette Moore to approve Item 1.15 with the changes recommend by City Manager York.

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

Absent: None.

Moved by Bridgette Moore, seconded by Bridgette Moore to approve the remainder of 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. CONSENT CALENDAR

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

1.2 Minutes-April 12, 2023 - Regular Meeting
Approved minutes as presented.

1.3 Warrant Register April 2023
Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 04-06-2023 in the amount of $600,429.05.

2. Warrant Register dated 04-13-2023 in the amount of $1,148,314.25. 24 3. Warrant Register dated 04-20-2023 in the amount of $77,081.39.

4. Warrant Register dated 04-27-2023 in the amount of $93,601.41.

5. Wire Transfer Register dated 04-30-2023 in the amount of $57,705.77.

6. Payroll Register dated 05-01-2023 in the amount of $181,413.16.

1.4 March 2023 City Treasurers Report
Approved the City Treasurer’s Report for March 2023.

1.5 Notice of Intent to Hold a Public Hearing for Levying Parcels with Unpaid Charges for Trash Collection Services
Provided a Notice of Intent to hold a Public Hearing on June 14th, 2023, for levying on parcels with unpaid charges on trash collection services for calendar year 2022.

1.6 Parcel Map 37941 – Strata Baxter TUMF Credit Agreement Authorized the City Manager to execute the Transportation Uniform Mitigation Fee (TUMF) Credit Agreement between the City of Wildomar and Strata Baxter, LLC, a Delaware limited liability company.

1.7. Annexation No. 4 into Community Facilities District No. 2022-1 (Services) for Baxter Village (PM 37941)
Adopted a Resolution entitled:

RESOLUTION NO. 2023-09

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

DECLARING ITS INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES), OF THE CITY OF WILDOMAR, ADOPTING A MAP OF THE AREA PROPOSED TO BE ANNEXED (ANNEXATION NO. 4) AND

AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN

1.8 Ordinance No. 231 2nd Reading – ZOA No. 2023-04 (EOT Code Amendment):

Approved an Ordinance entitled:

ORDINANCE NO. 231

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

1.9 Agreement for Services with International Data Base Corp. (BidNet) for WebBased Solicitation and Bidding Services Authorized the City Manager to execute the Agreement for Services with BidNet for webbased solicitation and bidding services. 25 1.10 Animal Control Field Services Agreement
Approved the Animal Control Field Services agreement between City of Wildomar and Animal Friends of the Valley.

1.11 Landscaping and Lighting Maintenance District No. 89-1-ConsolidatedInitiating Proceeding for Levy and Collection of Assessments Adopted a Resolution entitled:

RESOUTION NO. 2023-10

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

INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2023-24 FOR ALL ZONES OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF WILDOMAR PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972

1.12 County Service Areas Notice of Intent to Establish Charges for FY 2023-24 Adopted a Resolution entitled:

RESOUTION NO. 2023-11

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

SETTING THE PUBLIC HEARING TO ESTABLISH SERVICE AREA CHARGES WITHIN THE CITY FOR FISCAL YEAR 2023-24

1.13 Landscaping and Lighting Maintenance District No. 89-1-ConsolidatedApproval of Engineers Report and Intention to Levy Adopted a Resolution entitled:

RESOUTION NO. 2023-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE ANNUAL ENGINEER’S REPORT REGARDING THE PROPOSED

LEVY AND COLLECTION OF ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED, FISCAL YEAR 2023-24
And adopted a Resolution entitled:

RESOUTION NO. 2023-13

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

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED, FISCAL YEAR 2023-24

1.14 Tract Map 37156 – Camelia Townhomes DIF/TUMF Credit Agreement This item was tabled to a future City Council meeting.
26 1.15 Purchase and Sales Agreement of City Parcel APN 380-240-063 (Prior Arya Right of Way Between Clinton Keith Road and Catt Road) and Declaring Property Exempt from Surplus Land Act
Adopted a Resolution to:

1. Determine that the approval of the proposed Agreement for Purchase and Sale of Real Property is exempt from CEQA.

2. Declare the property exempt surplus land.

3. Approve and authorize the City Manager to execute the Agreement for Purchase and Sales Real Property, Quitclaim Deeds, and all other documents necessary to complete the transaction.

1.16 Wildland Fire Protection Agreement for FY 23/24
Adopted a Resolution entitled:

RESOUTION NO. 2023-14

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

APPROVING THE AGREEMENT WITH THE DEPARTMENT OF FORESTRY AND

FIRE PROTECTION (CAL FIRE) FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2023 TO JUNE 30, 2024

1.17 Third Amendment to Design Professional Services Agreement with Mark Thomas Corporation for the Palomar Street/Wildomar Cemetery District Improvement Project (CIP 028-2)
Authorized the City Manager to execute the Third Amendment to the Design Professional Services Agreement for additional engineering services for the Palomar Street/Wildomar Cemetery Project.

1.18 Tract No. 37476 – KB Homes Verano Joint Community Facilities and School Facilities Funding Agreement
Authorized the City Manager to execute the Joint Community Facilities and School Facilities Funding Agreement (“JCFA”) between the City of Wildomar, Lake Elsinore Unified School District, and KB Home Coastal Inc. related to Community Facilities District No. 2022-3 (“CFD No. 2022-3”).

1.19 Tract No. 32035 McVicar Residential Project – Subdivision Improvement Agreement and Lien Agreement with New Owner, Celestial Homes LLC Authorized the City Manager to execute the Subdivision Improvement Agreement and Lien Agreement with New Owner, Celestial Homes, LLC for Tract No. 32035 –McVicar Residential Project.

2. PUBLIC HEARINGS

2.1 Zoning Ordinance No. 2023-05
Community Development Director Bassi presented the department report. 27 Moved by Dustin Nigg, seconded by Bridgette Moore to table the item to a future City Council meeting and asked that Community Development Director Bassi bring back more data on the maps and zone radii.

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 FY2024 & FY2024/2025 Budget Final Workshop
Senior Financial Analyst Jantz, Lieutenant Portillo, and Cal Fire Division Chief Lonny Olson presented the report.

It was the consensus of the City Council to receive and file the report.

3.2 Road Maintenance and Rehabilitation – Program Summary and Potential List of Streets for FY 23/24 Project
Public Works Director Farag presented the report.

It was the consensus of the City Council to receive and file the report.

3.3 Wildomar Cottages Affordable Housing Project – Density Bonus Request (PA 23-0025)
Community Development Director Bassi presented the report.

Moved by Dustin Nigg, seconded by Joseph Morabito to adopt the following resolution:

RESOLUTION NO. 2023-15

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

APPROVING A DENSITY BONUS AND GRANTING A PARKING CONCESSION IN ACCORDANCE WITH GOVERNEMNT CODE SECTION 65915 FOR THE WILDOMAR COTTAGES AFFORDABLE HOUSING PROJECT (PA 23-0025) LOCATED AT 32650 MESA DRIVE (APN: 365-180-004)
Motion Approved: 4 – 1
Voting For: Joseph Morabito, Bridgette Moore, Ashlee DePhillippo, Dustin Nigg Voting Against: Carlos Marquez
Abstain: None

Absent: None
28 3.4 Consideration of Sponsorship, Advertising, and Website Linking Policy City Attorney Jex presented the report.

Moved by Carlos Marquez, seconded by Dustin Nigg to repeal the current Website Linking Policy adopted in May of 2014 and adopted the new Sponsorship, Advertising, and Website Link Policy.

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

Absent: Dustin Nigg

CITY MANAGER REPORT

1. Wished all mothers a Happy Mother’s Day.

2. The Health Fair is being held on May 20, 2023 at Marna O’Brien Park, along with the 5k ALS Run.

3. Provided an update on the state of homeless assistance in the City.

FUTURE AGENDA ITEMS
Mayor Pro Tem Moore asked that staff look into the potential need for a sidewalk on Wildomar Trail between Palomar Street and Maple Street.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the meeting at 9:18 P.M.

Submitted by: Approved by:
______________________________ ______________________________ Janet Morales Joseph Morabito
City Clerk Mayor
29 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: June 14, 2023
SUBJECT: Warrant Register May 2023
SUBMITTED BY: Nicholas Neidiffer
PREPARED BY: Nicholas Neidiffer
ACTION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 05-02-2023 in the amount of $3,621.

2. Warrant Register dated 05-04-2023 in the amount of $170,315.35.

3. Warrant Register dated 05-11-2023 in the amount of $956,283.11.

4. Warrant Register dated 05-18-2023 in the amount of $658,039.70.

5. Warrant Register dated 05-25-2023 in the amount of $258,860.40.

6. Wire Transfer Register dated 05-31-2023 in the amount of $22,573.15.

7. Payroll Register dated 06-01-2023 in the amount of $215,027.33.

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:

May 2023 Warrant Register Voucher Listings
30 05/02/2023
Voucher List
City of Wildomar
1 4:08:43PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216496 5/2/2023 001963 THE REAL ESTATE INSPECTION, COMPANY54382 COMMERCIAL INSPECTION 3,621.00 Total : 3,621.00
1 Vouchers for bank code : wf Bank total : 3,621.00
1 Vouchers in this report Total vouchers : 3,621.00
31 05/04/2023
Voucher List
City of Wildomar
1 2:52:08PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 249 5/4/2023 001222 FOBRO CONSULTING LLC 150 04/01/23-04/30-23 ACCTING CONT SVCS - DE
5,720.00
Total : 5,720.00
216497 5/4/2023 000031 AFLAC, REMITTANCE PROCESSING, CENTER 390404 APR 2023 CITY COUNCIL MEDICAL INS.

BENEF
1,504.44
Total : 1,504.44
216498 5/4/2023 001964 B.Y. CONSTRUCTION INC. 42623 DEVELOPER DEPOSIT REFUND 216.84 Total : 216.84
216499 5/4/2023 000209 COST RECOVERY SYSTEMS, INC. 2023-39 STATE MANDATE CLAIM PREP SERVICES:

FY22/
6,300.00
Total : 6,300.00
216500 5/4/2023 000700 CPRS 267 CPRS AWARDS & INSTALLATION, 4/26/23- D T

80.00 Total : 80.00
216501 5/4/2023 000037 DATA TICKET, INC. 149861 MAR 2023 ONLINE/SSN CITATION

PROCESSING
385.93
150476 MAR 2023 DAILY CITE PROCESSING 552.70
Total : 938.63
216502 5/4/2023 001338 DEANZA TERMITE & PEST CONTROL, INC624995A PEST CONTROL MARNA (04/21/23) 27.50 Total : 27.50
216503 5/4/2023 000022 EDISON 042623-6091 03/28/23-04/25/23 COMO ST (LITTLE LEAGUE

2.44 03/28/23-04/25/23 ELELC 21400 PALOMAR 161.75
(C
042623-7258
042623-9129 03/28/23-04/25/23 GRUWELL (FS#61) 642.02
Total : 806.21
216504 5/4/2023 001937 EIDE BAILLY LLP EI01512717 CONSULTING SERVICES -APRIL 2023 4,530.25 Total : 4,530.25
216505 5/4/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT 12320155 03/17/23-04/16/23 WATER ZONE 42 LOC 01 M
174.38
03/17/23-04/16/23 WATER ZONE 42 LOC 03 174.38
M
12320407
32 05/04/2023
Voucher List
City of Wildomar
2 2:52:08PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216505 5/4/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT (Continued) 03/17/23-04/16/23 WATER ZONE 42 LOC 02 174.38
M
12320408
03/21/23-04/19/23 WATER ZONE 3 LOC 23 273.30
M1
12323088
12323296 03/21/23-04/19/23 WATER ZONE 30 LOC 2 55.35
03/21/23-04/19/23 WATER ZONE 3 LOC 49 55.35
M1
12323336
12323590 03/21/23-04/19/23 WATER ZONE 51 LOC 1 51.48
12323756 03/21/23-04/19/23 WATER BASEBALL FIELD 228.45
12323794 03/21/23-04/19/23 WATER WINDSONG PARK 111.92
03/21/23-04/19/23 WATER ZONE 3 LOC 29 144.95
M1
12324301
03/21/23-04/19/23 WATER ZONE 3 LOC 29 168.57
M2
12324379
12324381 03/21/23-04/19/23 WATER ZONE 30 LOC 1 55.35
12324481 03/21/23-04/19/23 WATER ZONE 3 LOC 42 & 168.57 03/21/23-04/19/23 WATER 22450 1/2 75.40
CERVER
12324876
12325118 03/21/23-04/19/23 WATER 22450 CERVERA 75.40
12326210 03/21/23-04/19/23 WATER ZONE 62 - 22933 59.04
03/21/23-04/19/23 WATER ZONE 67 - 55.35
ARNNET
12326297
Total : 2,101.62
216506 5/4/2023 000941 FRONTIER 42223 04/22/23-05/21/23 FIOS INTERNET

CHARGES
175.98
Total : 175.98
216507 5/4/2023 000685 GREAT AMERICA FINANCIAL SERVIC 33923417 CANON COLOR COPIER SYST. #007-1780554
214.24
Total : 214.24
216508 5/4/2023 001911 HDL SOFTWARE LLC. SIN023127 OCT 2022 HDL FEES 1,862.96 SIN027664 MAR 2023 HDL FEES 2,531.64
Total : 4,394.60
216509 5/4/2023 001783 HR DYNAMICS & PERFORMANCE 3033127 0000421 THROUGH 03/18/23 - 04/01/23 CLASSIFICATI 1,148.64 EXECUTIVE 20,229.11

RECRUITMENT-ADMINISTRATIVE DIR
32423
33 05/04/2023
Voucher List
City of Wildomar
3 2:52:08PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216509 5/4/2023 001783 001783 HR DYNAMICS & PERFORMANCE (Continued) Total : 21,377.75 216510 5/4/2023 000072 INTERWEST CONSULTING GROUP 86100 FEB 2023 CONTRCATUAL SVCS CIP

PROJECTS-
31,434.98
87264 BUILDING & SAFETY - FEB 2023 69,456.50
Total : 100,891.48
216511 5/4/2023 000856 MICHAEL BAKER INTERNATIONAL IN 1173934 P/E FEB 26, CONTRACTUAL SVC -

PROJECT RE
11,952.00
Total : 11,952.00
216512 5/4/2023 001965 POU, FELIPE J. 42823 DEVELOPER DEPOSIT REFUND 3,107.67 Total : 3,107.67
216513 5/4/2023 001714 THE UPS STORE #7377 108 LIVE SCAN - SHERRI STANTON 58.00 Total : 58.00
216514 5/4/2023 000437 VERIZON WIRELESS 9933125728 03/23/23-04/22/23 DATA INT CHRG 9239 964.55 9933125729 03/23/23-04/22/23 DATA INT CHRG 1708 MAR 116.03 Total : 1,080.58
216515 5/4/2023 001831 YUNEX, LLC 5620042417 CLINTON KEITH & PALOMAR W9097-INSTALL ST
4,837.56
Total : 4,837.56
20 Vouchers for bank code : wf Bank total : 170,315.35
20 Vouchers in this report Total vouchers : 170,315.35
34 05/11/2023
Voucher List
City of Wildomar
1 3:58:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216520 5/11/2023 001913 ABSOLUTE INTERNATIONAL, SECURITY INC2020107328 04/01/23-04/30/23 SECURITY PATROL 8,073.49 Total : 8,073.49
216521 5/11/2023 000007 ANIMAL FRIENDS OF THE VALLEY,, INC. APR 2023 ANIMAL CONTROL SERVICE APR 2023 7,000.00 Total : 7,000.00
216522 5/11/2023 001002 ARCHITERRA DESIGN GROUP 30820 03/25/23-04/24/23 SI COORDINATION, PREPA
909.25
03/25/23-04/24/23 SI CFD PRESSURE TEST 726.80
#
30821
30822 03/25/23-04/24/23 PLAN CHECK - 3RD PR 156.25
30823 03/25/23-04/24/23 PLAN CHECK - 2ND PR 750.00
30824 03/25/23-04/24/23 PLAN CHECK - 4TH PC 593.75
03/25/23-04/24/23 PLAN CHECK - 125.00

APPLICANT
30825
Total : 3,261.05
216523 5/11/2023 001419 BERNARD, BRIANNA 50423 PLANNING COMMISION MEETING 05/04/23 75.00 Total : 75.00
216524 5/11/2023 001748 CALIFORNIA CONSULTING, INC. 5893 0000412 GRANT WRITING SERVICE - MAY RETAINER 4,850.00 Total : 4,850.00
216525 5/11/2023 001916 CAMBERO, GEORGE 50423 PLANNING COMMISION MEETING 05/04/23 75.00 Total : 75.00
216526 5/11/2023 000367 CINTAS CORPORATION 5156966816 CITY HALL FIRST AID & SAFETY 656.93 Total : 656.93
216527 5/11/2023 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC 69595 0000428 APR 2023 JANITORIAL SVC - MARNA

O'BRIEN
4,470.71
69596 APR 2023 SUPPLIES-MARNA O'BRIEN 328.77
Total : 4,799.48
216528 5/11/2023 000785 CORELOGIC SOLUTIONS, LLC 82172839 APRIL 2023 CODE ENFORCEMENT

SOFTWARE
245.00
Total : 245.00
216529 5/11/2023 000002 CRYSTAL CLEAN MAINTENANCE 503N MAY 2023- CITY HALL JANITORIAL

SERVICES
3,214.75
35 05/11/2023
Voucher List
City of Wildomar
2 3:58:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216529 5/11/2023 000002 000002 CRYSTAL CLEAN MAINTENANCE (Continued) Total : 3,214.75 216530 5/11/2023 000054 DEPARTMENT OF TRANSPORTATION SL230538 SIGNALS & LIGHTING BILLING OCT 2022- DEC
3,793.39
Total : 3,793.39
216531 5/11/2023 000022 EDISON 040523-7481 09/13/22-03/01/23 CSA 103 -2,882.53 04/01/23-04/30/23 ELECTRIC WILDOMAR 165.81
CITY
050123-0828
050123-0962 04/01/23-04/30/23 ELECTRIC CFD 2013-001- 247.24 04/01/23-04/30/23 HIDDEN 648.84

SPRINGS/CLINTON
050123-1202
050123-1757 04/01/23-04/30/23 ELECTRIC CFD 2013-001- 200.54 04/01/23-04/30/23 CSA22 SALES 6,028.38

ACQUISITIO
050123-4293
04/01/23-04/30/23 20505 PALOMAR ST 55.40
(MARN
050123-4487
050123-4610 04/01/23-04/30/23 ELECTRIC CFD 2013-001 127.61 050123-4845 04/01/23-04/30/23 CFD ZONE 2 63.81
050123-7481 04/01/23-04/30/23 CSA 103 3,368.89
050123-7694 04/01/23-04/30/23 CFD ZONE 3 217.00
050123-8975 04/01/23-04/30/23 CFD ZONE 3 127.61
050123-9127 04/01/23-04/30/23 ELECTRIC CFD 2013-001 242.69 Total : 8,611.29
216532 5/11/2023 001343 FILAR, ERIC 50423 PLANNING COMMISION MEETING 05/04/23 75.00 Total : 75.00
216533 5/11/2023 001450 FRANCHISE TAX BOARD 51123 WITHOLDING ORDER - S. STANTON CASE #5621

50.00 Total : 50.00
216534 5/11/2023 000941 FRONTIER 50123A 05/01/23-05/31/23 OFFICE TELEPHONE CHARG
544.97
05/01/23-05/31/23 OFFICE TELEPHONE 52.00
CHARG
50123B
Total : 596.97
216535 5/11/2023 001325 GEOCON WEST, INC. 723030408 CIP 026-1 THROUGH 03/19/23 6,420.75 CIP 059 CONTRACTUAL SVC THROUGH 4,280.50
03/19/20
723030416
36 05/11/2023
Voucher List
City of Wildomar
3 3:58:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216535 5/11/2023 001325 001325 GEOCON WEST, INC. (Continued) Total : 10,701.25 216536 5/11/2023 001666 INFINITY TECHNOLOGIES 1369 0000453 APR 2023 GIS CONTRACTUAL SERVICES 3,200.00 1403A 0000452 APR 2023 IT CONTRACTUAL SERVICES 11,300.00 0000440 APR 2023 DATTO OFFICE 365 BACK UP 171.00
SERVIC
1403B
1403C AMAZON ORDER 54.36
Total : 14,725.36
216537 5/11/2023 000499 INLAND EMPIRE LANDSCAPE INC 40737 APR 2023 LANDSCP MARNA O'BRIEN PARK 5,980.00 Total : 5,980.00
216538 5/11/2023 000016 INNOVATIVE DOCUMENT SOLUTIONS 250488 4/1/23-4/30/23 CONTRACT COPIER

SERVICES
1,059.50
Total : 1,059.50
216539 5/11/2023 001852 LC PAVING & SEALING, INC 42623 PALOMAR & CLINTON KEITH PAY REQUEST #4 F
603,082.08
Total : 603,082.08
216540 5/11/2023 000113 LEAGUE OF CALIFORNIA CITIES 2738 RIV. CNTY.DIV. MEETING 03/13/23 - COUNCI 100.00 Total : 100.00
216541 5/11/2023 001107 PLACEWORKS 81445 PROF. SVCS. - 27 ACRE PARK CIP 062-1 2,697.90 Total : 2,697.90
216542 5/11/2023 000186 RIGHTWAY 339319 04/27/23-05/24/23 - PORTA/WASHSTN - WIND
723.50
Total : 723.50
216543 5/11/2023 000149 RIVERSIDE COUNTY EXECUTIVE, OFFICE2023-04WILL ANIMAL SHELTER SHELTERING SRVCS

QTRLY AP
72,351.00
Total : 72,351.00
216544 5/11/2023 000415 RIVERSIDE COUNTY FLOOD CONTROL, & WATER CONSERVATION DIST FC020014 FY 22/23 NPDES COST SHARE 171,481.51 Total : 171,481.51
216545 5/11/2023 001167 RRM DESIGN GROUP 1064-01-0323 PROF.SVCS. - 27 ACRE PARK CIP 062 2,391.25 Total : 2,391.25
216546 5/11/2023 001968 SILVEIRA, HOLLY 5823 DEVELOPER DEPOSIT REFUND 1,482.81 37 05/11/2023
Voucher List
City of Wildomar
4 3:58:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216546 5/11/2023 001968 001968 SILVEIRA, HOLLY (Continued) Total : 1,482.81 216547 5/11/2023 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11593923 PUBLIC NOTICE - ORD 228,229,230 330.32 11596028 PUBLIC NOTICE - GPA 2023-1 311.63
11598217 PUBLIC NOTICE - PA 22-0181 NOPH 292.93
11598218 PUBLIC NOTICE - TPM 38646 NOPH 255.53
11598227 PUBLIC NOTICE - ORD 228,229,230 549.91
11598483 PUBLIC NOTICE - ZOA 2023-05 274.23
11598489 PUBLIC NOTICE - PA 23-0025 NOPM 274.23
11598867 PUBLIC NOTICE - TS RFP 200-450-4500 348.70
Total : 2,637.48
216548 5/11/2023 000790 SPARKLETTS 42923 CITY HALL DRINKING WATER THROUGH 04/29/2
305.42
Total : 305.42
216549 5/11/2023 001720 STERICYCLE, INC 8003783533 CONTRACTUAL SHREDDING SVC 270.70 Total : 270.70
216550 5/11/2023 000995 STRONG, KIM 50423 PLANNING COMMISION MEETING 05/04/23 75.00 Total : 75.00
216551 5/11/2023 001970 TEC INC. 6986 PALOMAR PASSIVE PARK SITE- CITY OF WILDO
6,045.00
Total : 6,045.00
216552 5/11/2023 000918 TKE ENGINEERING INC 2023-211 CONTRACTUAL SVC 03/01/23-03/31/23 14,696.00 Total : 14,696.00
216553 5/11/2023 001971 WILDOMAR ROTARY CLUB 50923 REFUND OF COMMUNITY ROOM RENTAL

DEPOSIT
100.00
Total : 100.00
34 Vouchers for bank code : wf Bank total : 956,283.11
34 Vouchers in this report Total vouchers : 956,283.11
38 05/11/2023
Voucher List
City of Wildomar
5 3:58:38PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 39 05/18/2023
Voucher List
City of Wildomar
1 8:19:13AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216558 5/18/2023 001692 AMAZON CAPITAL SERVICES 1PRG-PGWW-63YR CITY MANAGER DEPARTMENT SUPPLIES 475.87 Total : 475.87
216559 5/18/2023 000029 APPLEONE 01-6573034 ADMIN W/E 3/04/23 1,740.40 01-6584216 ADMIN W/E 3/18/23 1,740.40
01-6590357 ADMIN W/E 3/25/23 1,740.40
01-6595285 ADMIN W/E 4/01/23 1,740.40
01-6599041 ADMIN W/E 4/08/23 1,740.40
01-6599476 ACCOUNTANT W/E 4/08/23 2,028.74
01-6605893 ADMIN W/E 4/15/23 3,176.80
01-6606326 ACCOUNTANT W/E 4/15/23 1,220.96
01-6609711 ADMIN W/E 4/22/23 3,176.80
ACCOUNTANT & ACCOUNTING SPECIALIST 3,554.40
W/E 4
01-6610136
01-6616251 ADMIN ASSISTANT-CLERICAL W/E 4/29/23 3,602.92 01-6616671 ACCOUNTING SPECIALIST W/E 4/29/23 3,554.40
Total : 29,017.02
216560 5/18/2023 000760 ARMADA ADMINISTRATORS 198133 JUNE 2023 PREMIUM -CITY MANAGER 4,011.00 Total : 4,011.00
216561 5/18/2023 001731 AVENU INSIGHTS & ANALYTICS INV06-016509 STARS CA - Q-4,2022 375.00 Total : 375.00
216562 5/18/2023 001761 CHARTER COMMUNICATIONS 2318050823 CABLE THROUGH 6/07/23- FS61 5.33 Total : 5.33
216563 5/18/2023 001972 COMMUNITY OUTREACH MINISTRY 50123 SPONSOR AGREEMENT FOR THE USE OF

CITY OF
2,286.00
Total : 2,286.00
216564 5/18/2023 001694 COSTAR REALTY INFORMATION INC 120329793 MAY 2023 CONTRACTUAL SVCS 796.00 Total : 796.00
216565 5/18/2023 000988 COUNTY OF RIVERSIDE, INFORMATION TECHNOLOGY IT0000005615 04/01/23-04/30/23 MEETING

SUPPORT-RIVCO-
121.42
Total : 121.42
216566 5/18/2023 000058 DEPARTMENT OF JUSTICE 656193 APRIL 2023 FINGERPRINT APPS (3) 143.00 40 05/18/2023
Voucher List
City of Wildomar
2 8:19:13AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216566 5/18/2023 000058 000058 DEPARTMENT OF JUSTICE (Continued) Total : 143.00 216567 5/18/2023 000022 EDISON 51123-3123 04/12/23-05/10/23 23873 CLINTON KEITH RD 132.57 51123-3487 04/12/23-05/10/23 23873 CLINTON KEITH RD 185.14 51123-7255 04/12/23-05/10/23 23873 CLINTON KEITH RD 114.62 51223-3047 04/13/23-05/11/23 34311 MISSION TRAIL TC 89.41 51223-3243 04/13/23-05/11/23 31818 CENTRAL ST LS3 31.83 51223-3950 04/13/23-05/11/23 34311 MISSION TRAIL LS 29.72 51223-5361 04/13/23-05/11/23 31818 CENTRAL TC1 80.56
51223-7372 04/13/23-05/11/23 24211 CLINTON KEITH RD 52.58 51223-8688 04/13/23-05/11/23 21458 GRAND AVE TC1 79.38
Total : 795.81
216568 5/18/2023 000685 GREAT AMERICA FINANCIAL SERVIC 34005609 CANON COLOR COPIER SYST. #015-1472515
359.97
CANON COLOR COPIER SYST. 214.24
#016-1585799
34022819
Total : 574.21
216569 5/18/2023 001647 LACHGAR, ABDURAHMAN 05172023-0122-01 REIMBURSE APA 2023 CONFERENCE

REGISTRATI
625.00
51723 APA CONFERENCE 2023 HOTEL 613.23
Total : 1,238.23
216570 5/18/2023 001938 PFM ASSET MANAGEMENT LLC 13714674 APR 2023 INVESTMENT ADVISORY

SERVICES
1,329.16
Total : 1,329.16
216571 5/18/2023 001107 PLACEWORKS 80717-BAL DEC 2022 CONTRACTUAL SVC - GP

UPDATE/EIR
294.54
JAN 2023 CONTRACTUAL SVC - GP 15,377.93

UPDATE/EIR
80955-BAL
FEB 2023 CONTRACTUAL SVC - GP 401.09

UPDATE/EIR
81217-BAL
81686 APR 2023 CONTRACTUAL SVC - CIP 059 5,729.17
APR 2023 CONTRACTUAL SVC - GP 37,260.69

UPDATE/EIR
81865
APR 2023 CONTRACTUAL SVC - PROJECT 336.25
RELAT
81921
APR 2023 CONTRACTUAL SVC - PROJECT 38.75
RELAT
81922
41 05/18/2023
Voucher List
City of Wildomar
3 8:19:13AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216571 5/18/2023 001107 PLACEWORKS (Continued)
APR 2023 CONTRACTUAL SVC - PROJECT 348.75
RELAT
81923
APR 2023 CONTRACTUAL SVC - PROJECT 38.75
RELAT
81927
APR 2023 CONTRACTUAL SVC - PROJECT 3,676.25
RELAT
81928
APR 2023 CONTRACTUAL SVC - PROJECT 2,468.00
RELAT
81929
Total : 65,970.17
216572 5/18/2023 000186 RIGHTWAY 340143 REPAIR LABOR & EXCHANGE 79.06 Total : 79.06
216573 5/18/2023 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENT SH0000043009 CONTRACT LAW ENFORCEMENT THROUGH 01/11/2
450,618.75
CONTRACT LAW ENFORCEMENT 80,728.43
THROUGH 06/30/2
SH0000043031
Total : 531,347.18
216574 5/18/2023 001101 SIGNS BY TOMORROW 29959 WILDOMAR PUBLIC HEARING SIGN 547.50 30326 WILDOMAR PUBLIC HEARING SIGN 547.50
30327 WILDOMAR PUBLIC HEARING SIGN 547.50
30328 WILDOMAR PUBLIC HEARING SIGN 547.50
30475 WILDOMAR PUBLIC HEARING SIGN 547.50
30476 WILDOMAR PUBLIC HEARING SIGN 547.50
Total : 3,285.00
216575 5/18/2023 001393 SOCALGAS 51123 04/10/23-05/19/23 GAS -FIRE DEPT 32637 G 64.57 Total : 64.57
216576 5/18/2023 001021 SPICER CONSULTING GROUP 1341 CFD 2022-1 ANNEX 4 (BAXTER) 100%

COMPLET
10,000.00
1366 FY 22/23 ANNUAL ADMIN LLMD89-1C 2,791.67
Total : 12,791.67
216577 5/18/2023 000918 TKE ENGINEERING INC 2023-191 CONTRACTUAL SVC 03/01/23-03/31/23 3,334.00 Total : 3,334.00
20 Vouchers for bank code : wf Bank total : 658,039.70
42 05/18/2023
Voucher List
City of Wildomar
4 8:19:13AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 20 Vouchers in this report Total vouchers : 658,039.70
43 05/25/2023
Voucher List
City of Wildomar
1 12:30:05PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216579 5/25/2023 000029 APPLEONE 01-6568191 ADMIN W/E 2/25/23 - HEIDI L. CITY CLERK 435.10 Total : 435.10
216580 5/25/2023 001740 BECKCO, INC. 1049 0000455 REMOVAL OF ADA SWING AT MARNA

O'BRIEN
22,375.00
Total : 22,375.00
216581 5/25/2023 001799 COUNTY OF RIVERSIDE PUBLIC, SAFETY ENTERPRISE COMMUNI PE0000000960 MONTHLY RADIO COMMUNICATION 543.69 Total : 543.69
216582 5/25/2023 000035 COUNTY OF RIVERSIDE, TLMA TL0000016050 SEPT 2021 SLF COSTS FY21-22 1,101.47 Total : 1,101.47
216583 5/25/2023 000027 DIRECT TV 082317220X230513 05/12/23-06/11/23 CABLE SERVICES- CITY H 160.99 Total : 160.99
216584 5/25/2023 000022 EDISON 051623-3767 04/17/23-05/15/23 31160 CLINTON KEITH RD 10.82 051623-5249 04/17/23-05/15/23 32975 WILLOW BAY RD 10.82 051623-7633 04/17/23-05/15/23 32975 WILLOW RD TC1 86.14 051723-7151 04/13/23-05/11/23 TRAFFIC CONTROL 5,485.61
Total : 5,593.39
216585 5/25/2023 001762 EMERGENCY-1 RESPONSE, INC. 2781 ASTRONOMY DAY 165.00 Total : 165.00
216586 5/25/2023 001450 FRANCHISE TAX BOARD 52523 WITHHOLDING ORDER - S STANTON CASE#56217

50.00 Total : 50.00
216587 5/25/2023 000499 INLAND EMPIRE LANDSCAPE INC 40738 APR 2023 LANDSCP MAINT ZONE 3 10,385.44 40798 APR 2023 LANDSCP REPAIR ZONE 3 914.28
Total : 11,299.72
216588 5/25/2023 000304 JOE A. GONSALVES & SON 160769 0000423 MAY 2023 PROF. CONTRACTUAL

LEGISLATIVE A
3,000.00
Total : 3,000.00
216589 5/25/2023 001647 LACHGAR, ABDURAHMAN 51823 APA CONFERENCE 2023 RENTAL CAR 212.26 Total : 212.26
44 05/25/2023
Voucher List
City of Wildomar
2 12:30:05PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216590 5/25/2023 001530 LOGO JOE'S 36311 CITY COUNCIL SHIRTS- J.MORABITO 269.13 Total : 269.13
216591 5/25/2023 001398 LUNA, CAMERON 51823 05/06/23-05/19/23 MILEAGE REIMBURSE 185.37 Total : 185.37
216592 5/25/2023 001975 MC ELRATH, JEFFREY 32123 DEVELOPER DEPOSIT REFUND OF

UNUSED FUNDS
5,651.11
Total : 5,651.11
216593 5/25/2023 000038 MIT ENGINEERING AND, CONSTRUCTION52023 DEVELOPER DEPOSIT REFUND OF

UNUSED FUNDS
1,862.90
Total : 1,862.90
216594 5/25/2023 001005 PEOPLEREADY INC 28110762 HEALTH & FITNESS FAIR 372.00 Total : 372.00
216595 5/25/2023 001107 PLACEWORKS 81449 MARCH 2023 CONTRACTUAL SVC - CIP 059 23,768.27 Total : 23,768.27
216596 5/25/2023 001918 REGIONAL GOVERNMENT SERVICES, AUTHORITY 15006 0000445 CITY CLERK CONTRACT SERVICES FOR APRIL
4,200.00
Total : 4,200.00
216597 5/25/2023 000131 WESTERN RIVERSIDE COUNTY, RCA 52223A MSHCP MITIGATION FEES: MARCH 2023 130,251.00 52223B MSHCP MITIGATION FEES: APRIL 2023 47,364.00
Total : 177,615.00
19 Vouchers for bank code : wf Bank total : 258,860.40
19 Vouchers in this report Total vouchers : 258,860.40
45 ACH Date Payee Description Amount
5/1/2023 Viasat Inc Satellite Internet Service - Cemetery District & Parks 175.88 $ 5/1/2023 Viasat Inc Satellite Internet Service - Cemetery District & Parks 500.88 5/4/2023 Golden State Escrow CIP Right-of-Way Purchases 34,254.00 5/8/2023 WEX Inc Fleet Fuel Purchases 939.18
5/19/2023 US Bank
Business Meals, Conference Expenses, Organizational
Memberships, Special Event Supplies, Repairs &
Maintenance, and Office Supplies
15,311.23
5/22/2023 Enterprise Fleet Management Monthly City Vehicle Lease Payment 5,645.98 5/30/2023 Viasat Inc Satellite Internet Service - Cemetery District & Parks 175.88 5/30/2023 Viasat Inc Satellite Internet Service - Cemetery District & Parks 500.88 TOTAL $ 22,573.15
City of Wildomar
Wire Transfer Register
5/31/2023
46 ACH Date Payee Description Amount
5/11/2023 Heartland Payroll 04/22/2023-05/05/2023 116,890.29 $ 5/25/2023 Heartland Payroll 05/06/2023-05/19/2023 96,498.44 $ 6/1/2023 Heartland Payroll 05/01/2023-05/31/2023 1,638.60 $ TOTAL $ 215,027.33
City of Wildomar
Payroll Warrant Register
6/1/2023
47 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: June 14, 2023
SUBJECT: April 2023 Treasurers Report
SUBMITTED BY: Adam Jantz
PREPARED BY: Adam Jantz
ACTION:

Approve the Treasurer’s Report for April 2023.

SUMMARY:

April 2023 Treasurer's Report
DISCUSSION:

Attached is the Treasurer’s Report for Cash and Investments for the month of April 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:

This is only a reporting of balances for the City, therefore it has no fiscal impact.

ACCOUNT CODE:
100-1012
100-1011
110-1011
115-1011
120-1011
212-1011
300-1011
301-1011
48 440-1011
461-1011
ATTACHMENTS:

April 2023 City Treasurer's Report
49 BEGINNING + (-) ENDING

FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 5,937,194.02 $ 2,199,996.77 (2,022,175.07) $ 6,115,015.72 1.650% TOTAL $ 5,937,194.02 $ 2,199,996.77 $ (2,022,175.07) $ 6,115,015.72

AVERAGE

PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 4,814,806.28 $ 4,814,806.28 $ 4,814,806.28 14.21% 0 2.870% Various $ 11,452,136.98 $ 11,452,136.98 $ 11,452,136.98 33.80% 0 4.970% Various $ 17,078,740.00 $ 17,078,740.00 $ 17,612,834.71 51.99% 819 Variable TOTAL $ 33,345,683.26 $ 33,345,683.26 $ 33,879,777.97 100.00% CITY $ 39,460,698.98
+ + (-)

BEGINNING INTEREST WITHDRAWALS/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 4,780,734.79 $ 0.00 $ 34,071.49 $ 0.00 $ 4,814,806.28 2.870% 100 General $ 2,004,895.30 $ 0.00 $ 8,197.87 $ 0.00 $ 2,013,093.17 4.970% 115 ARPA $ 7,999,398.17 $ 0.00 $ 32,708.93 $ 0.00 $ 8,032,107.10 4.970% 461 DIF Park Imp $ 1,002,447.65 $ 0.00 $ 4,098.93 $ 0.00 $ 1,006,546.58 4.970% 301 ENDWMNT $ 398,759.63 $ 0.00 $ 1,630.50 $ 0.00 $ 400,390.13 4.970% 100 General $ 5,961,800.79 $ 0.00 $ 8,220.06 $ 0.00 $ 5,970,020.85 Variable 110 DEVAG $ 485,018.22 $ 0.00 $ 667.63 $ 0.00 $ 485,685.85 Variable 120 AA $ 6,062,307.93 $ 0.00 $ 8,344.84 $ 0.00 $ 6,070,652.77 Variable 212 WASTE $ 1,004,915.63 $ 0.00 $ 1,383.27 $ 0.00 $ 1,006,298.90 Variable 300 CEM $ 1,004,915.63 $ 0.00 $ 1,383.27 $ 0.00 $ 1,006,298.90 Variable 440 DIF Roads $ 2,536,291.49 $ 0.00 $ 3,491.23 $ 0.00 $ 2,539,782.72 Variable TOTAL $ 33,241,485.24 $ 0.00 $ 104,198.02 $ 0.00 $ 33,345,683.26

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CASH AND INVESTMENT PORTFOLIO

TREASURER'S REPORT FOR

CITY OF WILDOMAR

CITY CASH

CITY INVESTMENT

BREAKDOWN

TOTAL CASH AND INVESTMENTS
April 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

CAMP POOL

LOCAL AGENCY INVESTMENT FUND

LOCAL AGENCY INVESTMENT FUNDS
ISSUER

CAMP POOL

CAMP POOL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT
Heidi Schrader
Heidi Schrader
City Treasurer
Date
5/18/2023
50 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: June 14, 2023
SUBJECT: FY2023-24 GANN Limit Adoption
SUBMITTED BY: Adam Jantz
PREPARED BY: Adam Jantz
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24 DISCUSSION:

Article XIII-B of the California State Constitution places limits on the amount of “proceeds of taxes” that can be spent by all entities of government. “Proceeds of taxes” include some, but not all, revenues. Therefore, the appropriations limit only applies to those City revenues that are considered “proceeds of taxes.”
It is the responsibility of the City to calculate its annual appropriations limit. The annual limit is calculated by multiplying the previous fiscal year’s limit by a factor based on the change in the population and the change in California’s per capita personal income.

Each fiscal year the City is able to elect to use the more favorable population change percentage, either ours or Riverside County’s, to determine the population factor used for the limit. For fiscal year 2022-23, the City of Wildomar’s population decreased by 0.28%, and Riverside County’s overall population increased by 0.34%. Therefore, staff recommends that the County’s change in population be used, and the FY 2022-23 appropriations limit calculation attached is based on the 0.34% population change.

The change in the California per capita personal income was 4.44%.

Staff has calculated the appropriations limit for Fiscal Year 2023-24 to be $14,878,922. This is $17,522 less than the City’s estimate on the proceeds of taxes. 51 Cities are required to complete an appropriations calculation for each fiscal year. The City’s auditors are required to review and approve the appropriations calculation as part of their audit of the City.

FISCAL IMPACT:

This adopts the appropriations limit for certain tax revenues. If the City stays under the limit then there is no fiscal impact.

ATTACHMENTS:

GANN Limit FY23-24 Resolution.pdf
GANN Limit Calculation Est FY23-24.pdf
52 RESOLUTION NO. 2023 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, APPROVING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24
WHEREAS, Constitutional Article XIII-B (Propositions 4 and 111) limits the appropriations State and Local Government may make from the proceeds of taxes and requires State and Local Government to adopt an annual appropriations limit; and WHEREAS, the permanent FY2009-10 base year appropriations limit of $7,728,041 for the City was established by a vote of the people on November 2, 2010; and
WHEREAS, the appropriations limitation is adjusted annually by multiplying the previous year’s appropriations limit by a factor based on either the population growth factor for the City of Wildomar or for the County of Riverside, and by either the change in the California Per Capita Personal Income or the change in Non-residential Construction for the City of Wildomar; and
WHEREAS, the City has received inflation and population data from the State Department of Finance to calculate the Fiscal Year 2023-24 Appropriations Limit; and WHEREAS, the appropriations limit for Fiscal Year 2022-23 was $14,198,109; and,
WHEREAS, the City Council of the City of Wildomar wishes to select those options providing the greatest ratio of change as shown below:

Change in California per County Population
Capita Personal Income Change
(Inflation Factor) (Population Factor)

1.0444 1.0034
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar approves the appropriations limit at $14,878,922 for Fiscal Year 2023-24 and selects the options for calculation using the population growth of Riverside County and the change in the California per Capita Personal Income.

The City Clerk shall attest and certify to the passage and adoption of this resolution, and it shall become effective immediately upon its approval. 53 PASSED, APPROVED AND ADOPTED this 14th day of June 2023. _____________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ________________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
54 Amount
A. Fiscal Year 2022-23 Appropriations Limit $ 14,198,109 B. Adjustment Factors:

1. Population 1.0034

2. Inflation 1.0444
Total Adjustment 1.04795096 (B1*B2)
C. FY2022-23 Base Appropriations Limit $ 14,878,922 (B*A) D. Other Adjustments
Lost Responsibility (-) -
Transfer to private (-) -
Transfer to fees (-) -
Assume Responsibility (+) -
Sub-total Adjustments -
E. FY2022-23 Adjusted Appropriations Limit 14,878,922 (C-D) F. FY 2022-23 Appropriations Limit $ 14,878,922
Amount
A. Proceeds of Taxes $ 14,861,400
B. Exclusions (Qualifed Debt Service) 0
C. Appropriations Subject to Limitation 14,861,400 (A-B) D. Current Year Limit 14,878,922
E. Over/(Under) Limit $ (17,522) (C-D)
Appropriations Subject to Limitation
City of Wildomar
GANN Appropriations Limit
FY 2023-24 CALCULATIONS
(Including $.01 Wildomar Sales Tax)
55 CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: June 14, 2023
SUBJECT: Agreement with St. Francis Electric, LLC, for Traffic Signal Maintenance Services
SUBMITTED BY: Jason Farag
PREPARED BY: Terri Abercrombie
ACTION:

Authorize the City Manager to execute a Maintenance Services Agreement with St. Francis Electric, LLC, for Traffic Signal Preventative Maintenance, Repair, Minor Construction, and Emergency On-Call Services.

SUMMARY:

This item authorizes a new maintenance services agreement for on-going Traffic Signal Maintenance Services.

BACKGROUND:

On October 1, 2018, the City of Wildomar (City) entered an Agreement with Siemens Mobility, Inc. (now Yunex, LLC) for Traffic Signal Maintenance Services. The term of the original Agreement was for three (3) fiscal years valid through June 30, 2021. The Agreement allowed for two (2) additional one (1) year extensions. Both one (1) year additional extensions were granted with the final additional extension terminating on June 30, 2023. There are no additional extensions available.

DISCUSSION:

The City of Wildomar has 20 traffic signals, 5 flashing beacons and 3 speed feedback radar signs that are currently being maintained by Yunex, LLC (formerly Siemens Mobility). With the upcoming expiration of the existing contract, it was necessary to go through the Request for Proposals (RFP) process to select a new Traffic Signal Maintenance provider.

A complete Request for Proposals was advertised on April 20, 2023. Proposals were accepted until 5:00 pm on May 11, 2023. The City received three timely proposals from the following three companies:

Crosstown Electrical & Data, Inc.
56 St. Francis Electric, LLC
Yunex, LLC (current service provider)
When evaluating traffic signal preventative maintenance and on-call emergency service firms, it is necessary to focus on which firm will provide best value.

Staff reviewed the three proposals and ranked the proposals based on the following categories:

Information on the Firm
Project Manager and Key Personnel
Past Experience/References
Understanding of the Scope of Work and Work Proposal
Cost Proposal
The proposals were reviewed by a panel consisting of City Staff, the City’s contract Traffic Engineer, and the City of Lake Elsinore's Traffic Engineer (with whom the City shares maintenance of several traffic signals). Based on these reviews, the panel ranked the proposals in the following order:

1. St. Francis Electric, LLC

2. Yunex, LLC

3. Crosstown Electrical & Data, Inc.

The top two proposals were closely ranked by the panel, but the primary distinguishing factor between the two proposals was cost, with St. Francis Electric's cost proposal for routine maintenance lower than that of Yunex.

Reference checks were performed for St. Francis Electric and no negative feedback was received.

Based on these evaluations, staff recommends that the City Council authorize the City Manager to execute an Agreement for Maintenance Services (Agreement, Attachment A) with St. Francis Electric, LLC, for Traffic Signal Preventative Maintenance, Repair, Minor Construction, and Emergency On-Call Services. If approved, the agreement will be effective beginning June 14, 2023, with routine maintenance services beginning no later than July 1, 2023, and continuing for a period of three (3) years through June 30, 2026, with two (2) optional one (1) year extensions.

A copy of the proposal from St. Francis Electric is included as Exhibit "A" to the proposed Agreement.

FISCAL IMPACT:

Annual maintenance costs for this contract, excluding additional work (e.g. unforeseen work, 57 City requests, special projects, etc...), will be $20,796. The Agreement also approves up to $25,000 in annual compensation for additional work requested by the City on an as needed basis. The total contract value for the three-year term is $95,796.

The City annually budgets Gas Tax funds for Traffic Signal Maintenance. The proposed annual maintenance costs are within the budgeted amount for FY 23/24.

There is no impact to the General Fund.

ATTACHMENTS:

A - Agreement for Maintenance Services with St. Francis Electric 58 4841-7614-3963 v2

AGREEMENT FOR

MAINTENANCE SERVICES
Between

THE CITY OF WILDOMAR,
a municipal corporation
and
ST. FRANCIS ELECTRIC, LLC,
a California limited liability company
Dated: June 14, 2023
59 4841-7614-3963 v2
1 AGREEMENT FOR

MAINTENANCE SERVICES
This Agreement for Maintenance Services (“Agreement”) is entered into as of the date referenced on the cover page (“Effective Date”) between the City of Wildomar, a municipal corporation (“City”) and St. Francis Electric, LLC, a California limited liability company (“Contractor”) (collectively the “Parties”). 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. SCOPE OF SERVICES

1.1 Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement shall commence on the Effective Date and terminate on June 30, 2026 (“Term”). The Parties may, by mutual, written consent, extend the Term of this Agreement for up to two (2) additional one (1) year terms (“Additional Terms”).

1.2 Contractor Services. Subject to the terms and conditions of this Agreement, Contractor agrees to perform for City those maintenance services specified in the Proposal attached hereto and incorporated herein by reference as Exhibit “A” [Scope of Services] (“Services”). The Services shall consist of Routine Preventative Maintenance Items as detailed on the Cost Proposal in Exhibit A, as well as additional work as needed and requested by the City. Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City.

Contractor agrees to work closely with City staff in the performance of the Services and shall be available to City’s staff and consultants at all reasonable times.

1.3 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services (“Extra Work”), except as expressly provided for herein. It shall be Contractor’s responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor’s commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

1.4 Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit “B” [Schedule of Performance] (“Schedule of Performance”). Modifications to the Schedule of Performance must be 60 4841-7614-3963 v2
2 agreed upon in writing in advance by the City Manager pursuant to Section 9.19 [Administration and Implementation] and Contractor.

1.5 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.6 Repair of Defects. Contractor agrees that for a period of one (1) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services. Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.7 Contractor’s Representative. Contractor hereby designates the representative named in Exhibit “D” [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. Contractor’s Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

1.8 Contract Documents. The following documents shall be referred to collectively as the "Contract Documents," each of which is incorporated into and made part of this Agreement 61 4841-7614-3963 v2
3 by reference:

Approved and fully executed change orders (if any)
Addenda (if any)
This Agreement
All exhibits to this Agreement
Notice Inviting Bids
Instructions to Bidders, and any documents referenced therein Bid Forms (including Contractor’s Bid Schedule)
Payment and Performance Bonds, if required
The Contract Documents are intended to be complementary, and a requirement in one document is as effective as if it appeared in all of the Contract Documents. In the event of a conflict between any of the Contract Documents, the documents shall be given effect in the order set forth above.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit “C” [Compensation] attached hereto and incorporated herein by reference. Total annual compensation to Contractor for the Services shall not exceed $20,796.00 for Routine Preventative Maintenance Items as detailed in Exhibit “A,” plus $25,000 in additional services requested by the City on an as needed basis and compensated at the rates set forth in the Cost Proposal included in Exhibit “A.” The City shall not be liable for any costs in excess of these amounts without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

2.2 Payment of Compensation. Contractor shall submit monthly invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment by City shall release City from any further obligation for payment to Contractor, for Services performed or expenses incurred as of the date of the invoice.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR

3.1 Control and Payment of Subordinates; Independent Contractor.

Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor’s exclusive direction and control. 62 4841-7614-3963 v2
4 Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City.

Contractor 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. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which may otherwise accrue to City’s employees.

Contractor expressly waives any claim Contractor may have to any such rights.

Contractor shall make payments promptly, as due, to all persons supplying labor or materials for the Services. Contractor shall not permit any lien or claim to be filed or prosecuted against the City on any account of any labor or material furnished for the Services. If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to Contractor or a subcontractor by any person as such claim becomes due, City may pay such claim and charge the amount of the payment against funds due or to become due the Contractor. The payment of the claim in this manner shall not relieve Contractor or their surety from obligation with respect to any unpaid claims.

3.2 Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

3.3 Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor’s failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 63 4841-7614-3963 v2
5 3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Apprenticeable Crafts. To the extent applicable, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works.

3.6.2 Hours of Work. Contractor shall comply with the legal days work and overtime requirements of Section 1813 of the Labor Code.

3.6.3 Payroll Records. In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Division of Labor Standards Enforcement or which contain the same information required by such forms. Contractor shall make all such records available for inspection at all reasonable hours.

3.6.4 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public Works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and any location where the Services are performed.

3.7 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant, in any way, in the employment of persons to perform the Services in violation of any federal or state law prohibiting discrimination in employment, including based on the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, of any person, except as provided under California Government Code section 12940.

SECTION 4. INDEMNIFICATION

4.1 Indemnity. Except as to the sole negligence, active negligence, gross negligence or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, 64 4841-7614-3963 v2
6 or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor’s officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City’s workers’ compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, “Action” shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses. For purposes of this Agreement, “Costs and Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney’s fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances. For purposes of this Agreement, “Hazardous Substances” shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act (“CERCLA”), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §1251, et seq.; the Insecticide, 65 4841-7614-3963 v2
7 Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §7401, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §11001, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code (“H.&S.C.”) §25100, et seq.; the Hazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, et seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter-Presley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act, H.&S.C. §25170.1, et seq.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §25001, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND DOCUMENTS

5.1 Accounting Records.

5.1.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all expenses incurred under 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 Contractor pursuant to this Agreement. All such records shall be clearly identifiable.

5.1.2 Inspection and Copying. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. At no cost to City, Contractor shall provide copies of such documents or records directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.

5.2 Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing 66 4841-7614-3963 v2
8 the Services shall become the sole property of City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

5.2.1 Final Work Product. All Final Work Product developed by Contractor 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 Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Contractor's work notes and drafts, which are owned by Contractor, not City.

SECTION 6. INSURANCE

6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit “F” [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor.

Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

6.3 Modification of Insurance Provisions. The City Manager may make reasonable amendments to the insurance requirements of this section, with the written concurrence of the Finance Director or Risk Manager, in accordance with Section 9.19 [Administration and Implementation] after considering the Scope of Services, potential liabilities, and the required level of insurance to adequately protect the City.

SECTION 7. BONDS
Intentionally Removed
67 4841-7614-3963 v2
9 SECTION 8. TERMINATION.

8.1 Termination by City. City may, by written notice to Contractor, terminate with or without cause, and without any prior notice of default or right to cure by Contractor, the whole or any part of this Agreement at any time and by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those non-disputed Services that have been adequately rendered to City, and Contractor shall be entitled to no further compensation.

8.2 Termination by Contractor. Contractor may, by written notice to City, terminate this Agreement based upon City’s failure to timely cure a default under this Agreement as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide City with a written notice specifying City’s alleged default and providing City with a forty-five (45) day period to cure the default. Should City timely cure such default, the Agreement shall continue. Should City fail to timely or adequately cure such default, Contractor may terminate this Agreement by issuance of written notice to City.

SECTION 9. GENERAL PROVISIONS

9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. Contractor 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.

9.3 Intentionally Deleted.

9.4 Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance of failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe 68 4841-7614-3963 v2
10 weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

9.6 Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Riverside. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern Division of the Central District of California, located in Riverside, California.

9.7 Integration. This Agreement, including the attached Exhibits “A” through “F”, 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 Contractor 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.

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

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.

9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 69 4841-7614-3963 v2
11 9.12 Delivery Of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit “D”, or at such other address as the respective parties may provide in writing for this purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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

9.14 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 or 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 Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Attorney’s Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney’s fees and Costs and Expenses, in addition to any other relief to which it may be entitled.

9.16 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.18 Authority To Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

9.19 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 9.10 [Amendment] and the City Manager’s contracting authority under the Wildomar Municipal Code. 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 70 4841-7614-3963 v2
12 Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement.

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

CITY OF WILDOMAR CONTRACTOR:

ST. FRANCIS ELECTRIC
________________________________ ______________________________ Dan York, City Manager (Authorized Officer)
Title____________________________
ATTEST: Print Name: _____________________
________________________________ ______________________________ Janet Morales, City Clerk (Authorized Officer)
APPROVED AS TO FORM: Title____________________________
________________________________ Print Name: _____________________ Thomas Jex, City Attorney
71 4841-7614-3963 v2
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72 4841-7614-3963 v2
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.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

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On ____________________ , before me, ,
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73 4841-7614-3963 v2
EXHIBIT “A”

SCOPE OF SERVICES
[See Attached Proposal from St. Francis Electric
which constitutes the Scope of Services]
74 Request for ProposalA to
City of Wildomar
For Traffic Signal Maintenance Services
Proposal to the City of Wildomar
Presented by: St. Francis Electric
1420 Citrus St. Riverside, CA 92507
“Experience, Quality & Reliability…”
Due by May 11, 2023 @ 5:00 p.m.
75 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 1

TABLE OF CONTENTS
COVER LETTER .............................................................................................................................................. 2 SFE'S BACKGROUND AND COMPANY INFO ............................................................................................. 3 SOCAL AREA MANAGER INFORMATION .................................................................................................. 5 LENGTH OF YEARS OF EXPERIENCE ............................................................................................................ 6 LOCATION OF COMPANY OFFICES ........................................................................................................... 7 NUMBER OF PERSONNEL ............................................................................................................................. 8 KEY PERSONNEL ......................................................................................................................................... 10 SUMMARIZED RESUMES ............................................................................................................................. 11 LIST OF SUBCONTRACTORS ....................................................................................................................... 15 LIST OF REFERENCES .................................................................................................................................. 16 TECHNOLOGY ............................................................................................................................................ 17 UNDERSTANDING OF THE SCOPE OF WORK AND WORK PROPOSAL .................................................. 19 COST PROPOSAL ....................................................................................................................................... 28 PRIOR CITY WORK ..................................................................................................................................... 29 ADDENDUM ............................................................................................................................................... 30 76 77
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 3 SFE’s Background and Company Info
Background
The year was 1945, World War II had just ended, and Lorenzo Spinardi was discharged from the Army Air Corps. Although he was born and raised on a tomato farm in Merced, California, he decided to settle down and make a go of it in the fast-growing San Francisco Bay Area. He started as an electrician in San Jose, but Mr. Spinardi soon desired his independence.

In 1946, Lorenzo founded St. Francis Electric while living in San Leandro, California. The company has remained in business since that time under ownership and direction of the Spinardi Family.

In the early years, SFE offered wiring installation for homes in the numerous new housing tracts that were popping up all over the Bay Area. It quickly gained a reputation for honest, quality work at a fair price. By the late Fifties, in addition to its core business of tract homes, SFE was performing electrical work on commercial buildings and industrial facilities.

Since the core management consisted of veteran airmen from the Second World War, it was inevitable that the company would soon be doing work at the local airports. Gradually this division expanded to outlying areas, including Nevada. In those years, SFE was one of the few electrical companies that specialized in this type of work. In 1972, Lorenzo’s oldest son, Thomas, joined the company. Together with their father, they expanded the company’s geographical client base and core service offerings. They successfully completed more complex jobs such as installation of underground utilities, traffic signals, and airport projects.

In the mid-1980’s, a decision was made to completely drop residential and commercial work, while devoting resources towards infrastructure development. This required a significant investment in equipment and a specialized trained workforce. Several of the employees from this period are still with the company. They represent some of the best skilled craftspeople in the industry.

In the past 20 years, SFE has dedicated its goals to perfecting the art of infrastructure work which includes traffic signal maintenance and emergency response. This quest has involved taking on numerous and a variety of challenging projects. The company’s performance on these projects has always been excellent. The level of expertise possessed by the personnel has risen to the highest standard in the industry, and the equipment fleet has grown to be one of the largest owned and operated by any contractor in the Bay Area. Thomas Spinardi retired in 2002, yet still participates in an advisory role on special projects.

In 2003, management was restructured in order to expand the level of previous performance. Robert Spinardi became President and promoted 3 long time employees to senior staff positions. Under new management team, SFE was able to increase the volume of work while maintaining the same quality, integrity, innovation, and service that defines its culture and personality. 78 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 4 Company Info
St. Francis Electric is a Limited Liability Corporation chartered under the State of California and incorporated in 1986.

Headquarters is located at 975 Carden St, San Leandro, CA 94577 with many satellite offices located throughout California including Riverside. Our contractor’s license number is 1003811 for A, C-10 classifications and expires 5/31/25. Our DIR# is 1000022208.

SFE has been in the electrical business for 77 years and 8 of those years providing Traffic Signal and Street Light Maintenances as outlined in the RFP. We have provided a track record of success in the contracting and in the maintenance divisions, over these 77 years. We have the senior management team to allow for continued growth and have the path of growth to succeed. We have seen tremendous changes in our industry and have grown our business along the lines of longevity and stability. We have matured as a company from the early days of SFE into a leader in our industry. We pride ourselves on a close working relationship with our clients and we have continued to create new and lasting relationships with all of them. SFE has extensive experience in the maintenance work that is being requested. SFE owns and operates approximately 100+ service vehicles of various types and sizes throughout California.

We maintain management of all our costs and expenses. Having been in the Electrical business for these 77 years length of time, we have crafted special relationships with our suppliers and our financial backing. We have worked on projects that have been worth over 20 million dollars and have successfully secured the financing and the manpower to produce the finest work and craftsmanship in this business.

We intend to bring our years of experience to this maintenance proposal.

SFE’s Maintenance Division Management Team has extensive experience for more than 50 years in serving the governmental needs as well as in charge of municipalities’ maintenance programs as government employees. Jill Petrie will be the Project Manager and Guy Smith will be the Management contact that is authorized to sign an agreement for St. Francis Electric.

Negative History: SFE does not have any “negative” history to report.

Point of Contact for Contract Services
Headquarters SoCal Contact / Project Manager
Guy Smith - Vice President Jill Petrie - Area Manager / Project Manager St. Francis Electric, LLC St. Francis Electric, LLC
975 Carden St 1420 Citrus St.

San Leandro, CA 94577 Riverside, CA 92507
(510) 639-0639 Ext. 211 Office / (510) 750-8271 Mobile (951) 304-4903 Office / (951) 203-4586 Mobile (510) 639-9116 Fax (951) 274-0061 Fax
[email protected] [email protected]
Officers of the Company servicing all California accounts:

Name Title Address
Robert Spinardi President 975 Carden St, San Leandro, CA 94577 Guy Smith Vice President, Secretary &
Manager 975 Carden St, San Leandro, CA 94577
Andrew Amador Vice President 975 Carden St, San Leandro, CA 94577 Karla Brauer Treasurer 975 Carden St, San Leandro, CA 94577 79 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 5 SoCal Area Manager Information
Our Southern California Staff has worked with many Cities throughout California. SFE, while considering the opening of our Southern California office, had wanted to do this with the best possible customer service and experienced staff in mind. Through many many recommendations we found our now Southern California Area Manager Jill Petrie. Several of her then customers and staff have also chosen to follow her to SFE due to her continued hard work, customer service, dedication, and knowledge of these specific types of traffic signal maintenance and response contracts.

Jill Petrie will have direct and continuing responsibility for the project. She will be the City staff contact on all matters dealing with the project and will handle the day-to-day activities through completion. SFE understands the substitution of the project manager will not be allowed without prior approval by the City of Wildomar.

Throughout the years she and her staff have provided Maintenance & Response services for 100+ Cities throughout California to include Riverside, San Bernardino, Los Angeles, Orange, San Diego and Ventura Counties. She and her team take pride in not having lost a single contract due to any servicerelated issues which speaks volumes for their service commitment. She has helped in the development of these Cities’ specified traffic signal equipment, complete equipment inventories, street rename sign change out projects, LED retrofits, rehab modifications and ADA & infrastructure upgrade projects. She has assisted many Cities to develop their maintenance scope of work when it was needed in order to help with the longevity of equipment and safety of their citizens. Our Staff has been well embedded and invested in this area, its customers and this exact scope of work for decades. This office staff has focused on ways to relieve our Customer’s pain points: Clear communications with City staff both internal and external in the field, meeting with Citizens on City’s request to address their concerns, monitoring their existing maintenance/response budgets, helping with planning accordingly each fiscal year to assure that our Cities assets are not only serviced and protected but getting the attention they need including State Standard (MUTCD) upgrades. It is without doubt we feel this is the right team for the City of Wildomar; we’ll take pride in servicing and working alongside with the City and its staff. We believe customer service is in fact return service, and our service is peace of mind. 80 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 6 Length of Years of Experience
It is always the goal of SFE to hone our service around a City’s needs. We understand that throughout the term of a contract of this type, those needs may change. We approach all our contracts with the same vision; build a partnership with the City’s staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever-evolving process and that is why we believe that the only successful route is through establishing these common goals. SFE’s account management team as well as our field staff will work closely with the City in order to make sure that all your requests are being effectively addressed. We make every effort to ensure that the City’s staff is always aware of issues that are in need of attention.

SFE has been conducting business for 77 years and including over 8 years of experience in providing the required Scope of Services for public clients and has established strong working relationships with clients as well as vendors and manufacturers.

SFE has been extremely successful in retaining & acquiring traffic signal maintenance and response contracts due to our customer service and reputation; this is largely due to our desire to offer the best possible customer service. SFE staff has an exemplary customer service track-record highlighted by our well-qualified field personnel, knowledgeable customer service representatives, and our accounting department with on time monthly invoicing and reports. We understand what is required to maintain a community’s electrical infrastructure and exceed our customer’s expectations. Our Southern Californian staff has an overwhelming combined Traffic signal maintenance response team experience for this exact scope of work of 50 years. It is from this experience that we have grown to understand that Cities such as the City of Wildomar is not just looking for a contractor, they want a partner that they can trust has their best interest in mind. With SFE’s work ethics we intend to gain that trust and not ever lose it.

SFE will assign the appropriate number of skilled traffic signal technicians to this contract as necessary to provide routine "Preventive Maintenance" to each traffic signal once every month, as described in the Request for Proposal documents. We will also provide a 24-hour call service for knockdowns and emergencies.
81 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 7 Location of Company Offices
St. Francis Electric’s Southern California’s office is the designated local office/yard for this project located at 1420 Citrus St, Riverside, CA 92507. SFE’s office has secured outdoor storage space sufficient for all the contract equipment, parts, components, and inventory. In addition to the outdoor storage, we also have ample warehouse indoor secured storage space necessary for these types of contracts. SFE’s Southern California shop is not only set up for our typical maintenance & response work but has the necessary room for growth to support the addition of many new customers, contracts and projects. SFE has a Southern California traffic signal lab used for the testing and repairs of new/used equipment and the on-going training of field technicians in a controlled environment. SFE also has a testing lab facility located at our Headquarters office for these same types of services in that area.

St. Francis Electric, LLC. (Primary Office) St. Francis Electric, LLC. (Headquarters) 1420 Citrus St 975 Carden St
Riverside, CA 92507 San Leandro, CA 94577
Other SFE Office Locations Include:
1850 West Imola Ave
Napa, CA 94559
230 Mayock Rd
Gilroy, CA 95020
3806 Security Park Drive
Rancho Cordova, CA 95742
1919 Commonwealth Ave
Fullerton, CA 92833

Northern California Locations Southern California Locations

SFE’s Southern California office currently has contracts for Traffic Signal and Streetlighting Maintenance Services with such Cities as: City of Corona, Grand Terrace, Indian Wells, Lancaster, La Quinta, Loma Linda, Palm Desert, Palm Springs, Rialto, Rosemead, City of San Bernardino, County of San Bernardino, County of San Bernardino Solid Waste Management, South El Monte, Temecula, and Yorba Linda as well as several projects with other cities throughout Southern California.

We graciously hope for the opportunity to work hand and hand with your City. 82 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 8 Number of Personnel
Currently SFE has over 250+ employees. The estimated proposed staff to provide services for this contract would be 25+ employees. The assigned local staff support consists of 18+ employees out of the Riverside office and continues to grow rapidly. Corporate staff has also dedicated its staff to support the Southern California operations which would include services provided for the City of Wildomar.

SFE is an active union company and is supported by the local unions in all areas which provides upon request certified IBEW journeyman electricians, traffic signal technicians, laborers, and apprentices for these classifications. SFE supports these unions and their apprenticeship programs in order to develop knowledge and growth which in turn provides jobs for our local communities in the traffic signal maintenance industry.

The Pursuit of Excellence has always been an SFE standard, as an efficient industry leader, while promoting safe, fair, honest, wholesome and nurturing environment. SFE has been delivering results since we opened in 1946. With over 70 years of experience, our reputation as an outstanding electrical contractor has been enhanced by successfully executing our core values of completing projects within the customer’s timeline and budget. In order to achieve our goals, we only hire individuals who have integrity, loyalty, and trustworthiness, virtues held by every employee. We are always looking to hire talented people who hold the same values as our team.

Training Programs
SFE has several training programs we use for our employees to ensure the highest quality, with the most up to date knowledge and training. We also review the latest maintenance procedures and suggestions from the industry, the industry periodicals and NECA, IMSA seminars, so that SFE can maintain our service capability to the latest industry guidelines.

We work with our Local Unions who have an Apprenticeship and Training programs for Technical Application/Training, First Aid and OSHA Safety. Many of our staff are trainers in these programs and have the opportunity to instruct and mentor the electricians in the industry.

In-House SFE has many employees that have been in this industry for 40+ years, these Journeymen / Foremen / Mentors /Area Leads help to train, develop and grow our team with real life exposure and situations both in the field and at our in-shop training lab.

We work with all our field staff and project managers to help them to acquire and maintain IMSA certified training and the State Certified National Electrical Certification. 83 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 9 We feel the attainment of these types of certifications is a means for individuals to indicate to the general public, coworkers, agencies, and others that an impartial, nationally recognized organization has determined that they are qualified to perform specific technical tasks by virtue of their technical knowledge and experiences. Certification also bestows a sense of achievement upon the certified individual since it reflects professional advancement in a chosen field. We encourage all our Technicians to be certified in Work Zone Safety, TS Level I, II and III and Roadway Lighting Levels I, & II. We employ several employees who have gone beyond these certifications.

IMSA currently offers certification in the following fields:

Electronics in Traffic Signals Fiber Optics for ITS
Flagging and Basic Traffic Control Microprocessors in Traffic Signals Roadway Lighting Signs and Markings
Traffic Signals Traffic Signal Inspector
Work Zone Traffic Control Safety
SFE Technicians and Project managers also receive specialized training from METRO. The Los Angeles County Metropolitan Transportation Authority (METRO) has developed a comprehensive program in the areas of signal operation and maintenance to upgrade the skills of local traffic engineers and signal maintenance personnel. The programs include: Bi-Trans 200 /233, NEMA controllers and video detection, Type 170 hardware and troubleshooting and introductions to 2070 traffic control systems. We have been trained and certified in several of these classes and also continue to take refresher courses to stay up to date on all industry changes. We encourage our staff to attend these classes and make available time to attend these trainings as needed.

Licensing and DIR Information
Contractor A and C10 Licenses
Department of Industrial Relation Registration Number: 1000022208 84 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 10 Key Personnel
Key Personnel
Jill Petrie - SoCal Area Manager/Project Manager (Key
Personnel)
Scott Verplanck – Assigned Foreman/Traffic Signal &
Streetlight Technician/Electrician (Key Personnel)
Shenoa Townsend – Project Manager (Key Personnel) Emi Cervantes – Traffic Signal & Streetlight Technician/Electrician (Key Personnel)
Andy Briones - Project Administrative Support (Key
Personnel)
Colin Landis – Assigned Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Guy Smith - Maintenance Division Manager/VP/CEO
(Management Contact)
Alex Lara - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Lance Alm - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Chris Cruz – Traffic Signal & Streetlight Technician /
Electrician (Key Personnel)
Stephen Petrie - Traffic Signal & Streetlight
Technician/Electrician (Key Personnel)
Josh Alm – Streetlight Technician / Electrician (Key
Personnel)
Ceasar Gonzales – Traffic Signal & Streetlight
Technician/Electrician – (Staff Support)
Sergio Godinez – Streetlight Technician / Electrician
(Staff Support)
Team Organization
City of Wildomar
Jill Petrie
SoCal Area Manager /
Project Manager
Scott Verplanck
Foreman
Key Personnel
Alex Lara
TS/SL Technician
Key Personnel
Lance Alm
TS/SL Technician
Key Personnel
Chris Cruz
TS/SL Technician
Key Personnel
Stephen Petrie
TS/SL Technician
Staff Support
Josh Alm
TS/SL Technician
Staff Support
Ceasar Gonzales
TS/SL Technician
Staff Support
Sergio Godinez
SL Technician
Staff Support
Efrain Luna
TS/SL Technician
Staff Support
Emi Cervantes
TS/SL Technician
Key Personnel
Colin Landis
TS/SL Technician
Key Personnel
Andy Briones
Service Coordinator
Shenoa Townsend
Project Manager
Guy Smith
Maintenance Division
Manager
24 / 7 Call Service
1-844-Light88
85 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 11 Summarized Resumes – (Information on additional SFE Staff available upon request) Jill Petrie (951) 203-4586 SoCal Area Manager/Project Manager (Primary Personnel) Jill Petrie is the SoCal Area Manager, a key personnel contact for the City of Wildomar. Her responsibilities include quality of service, communications with the City, and Proposal/Estimating. She is fully available to the City of Wildomar for repairs, upgrades, extraordinary work, city project planning, assisting City with Fiscal budgeting and contract execution. She has over 22 years of experience in the Traffic Signal, ITS, and Street Light industry working with numerous Government agencies and contractors. She has excellent relationships with manufacturers, contractors, municipalities, Region.al Transportation Associations, and State Department of Transportations. Extensive experience in both technical and construction related aspects of the traffic signal and streetlight maintenance industry. Experienced in scheduling, coordinating field work, support calls and intersection turn-ons.

Work Experience:
 SoCal Area Manager / Project Manager – St. Francis Electric, LLC – 2015 to Present  Service Account Manager - Siemens Industry, Inc. - 2010 to 2015  Project Manager – Republic ITS - 2001 to 2010
Shenoa Townsend (951) 906-7626 Project Manager (Primary Personnel) Shenoa Townsend is the Project Manager and has over 18 years of experience working with traffic signal and streetlight maintenance service and contract management. Her responsibilities include quality of service, communications with the City, and Proposal/Estimating. She is fully available to the City of Wildomar for repairs, upgrades, extraordinary work, city project planning, assisting City with Fiscal budgeting and contract execution. She has provided service for many municipalities throughout Southern California, while building relationships with contractors, distributors, and manufacturers to ensure the best pricing available for her customers. During her time in the industry, she has managed and scheduled a field team of 8 employees, while managing contracts and repair estimates.

Work Experience:
 Project Manager – St. Francis Electric, LLC. – 2021 to Present  Service Account Manager – Siemens Industry, Inc – 2015 to 2021  Senior Service Coordinator – Siemens Industry, Inc - 2012 to 2015  Jr Project Manager – Republic ITS – 2008 to 2012 (acquired by Siemens in 2010)  Service Coordinator – Republic ITS – 2006 – 2008
 Administrative Assistant / Dispatcher – Republic ITS – 2005 – 2006 Andy Briones (951) 202-8652 Service Coordinator (Primary Personnel) Andy Briones has over 16 years of experience and is responsible for assisting with proposal estimates, monthly billing tasks, assisting City with Fiscal accounting and contract administrative/coordination tasks.

Work Experience:
 Service Coordinator – St. Francis Electric, LLC. – 2015 to Present  Service Coordinator – Siemens Industry, Inc – 2010 to 2015  Service Coordinator – Republic ITS – 2007 to 2010
86 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 12 Scott Verplanck (951) 897-7146 Signal & Streetlighting Technician/Electrician – Key Member Scott Verplanck has over 28 years of experience in the Traffic Signal and Streetlighting Maintenance. He is familiar with street lighting, traffic signal systems, and expectations. Skilled in all aspects of traffic signal and streetlight maintenance, troubleshooting and construction. He has many years of experience in building intersections therefore troubleshooting field wiring issues is one of his skills. He has been a primary responder for many emergency calls such as traffic signal pole and cabinet knock downs and is very familiar in trouble-shooting controllers and ITS equipment. IMSA Traffic Signal Field Technician Level II
Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. – 2019 to Present  Traffic Signal Technician Construction, Utility Lead – Computer Service Company – 2017 to 2019  Traffic Signal Technician / Journeyman Electrician – Crosstown – 2016 to 2017  Construction & Utility - Schimick Construction – 2014 to 2016  Construction & Utility – California Professional Engineering – 2013 to 2014  Construction & Utility Lead - Siemens Industry, Inc. – 2010 to 2013  Construction & Utility Lead – Republic ITS – 2003 to 2010  Lead Utility - Econolite – 1998 to 2003
Emi Cervantes (951) 966-6726 Signal & Streetlighting Technician/Electrician – Key Member Emi Cervantes has over 18 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting. Proficient with TS1, TS2, Type 170, ATC and NEMA Controllers. Video Detection installation and maintenance, specifically: Iteris & Autoscope. Also familiar with No Traffic detection systems. Experienced with installation and wiring of battery backup system and traffic signal controller cabinets. ATSI (Athens Technical Specialist, Inc.) CMU/MMU Testing Equipment Certified. Familiarity with Various different Solar and Hardwired Speed Feedback Systems for both installation and troubleshooting. Intersection inspection and Service Meter installation inspection turn-on support. IMSA Traffic Signal Level III Senior Field Technician Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. - 2022 to Present  Traffic Signal Technician – Siemens Industry, Inc. and Yunex ITS – 2010 to 2022  Traffic Signal Technician – Republic ITS – 2008 to 2010  Traffic Signal Technician – Team Econolite – 2006 to 2008  Apprentice – LA Signal – 2005 – 2006
Colin Landis (951) 897-1365 Signal & Streetlighting Technician/Electrician – Key Member Colin Landis will be the primary tech and has over 22 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting. Proficient with TS1, TS2, Type 170, ATC and NEMA Controllers. Video Detection installation and maintenance, specifically: Iteris & Autoscope. Experienced with installation and wiring of battery backup system and traffic signal controller cabinets. Familiarity with Various different Solar and Hardwired Speed Feedback Systems, Flashing Beacon Systems, Crosswalk Systems for both installation and troubleshooting. Intersection inspection and Service Meter installation inspection turn-on support.

IMSA Traffic Signal Level III Senior Field Technician
Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. - 2022 to Present  Traffic Signal Technician – Siemens Industry, Inc. and Yunex ITS – 2010 to 2022  Traffic Signal Technician – Republic ITS – 2004 to 2010 87 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 13  Traffic Signal Technician – Signal Maintenance, Inc. – 2001 to 2004 Alex Lara (951) 259-3932 Signal & Streetlighting Technician/Electrician – Key Member Alex Lara has over 10 years of experience in traffic signal maintenance services. He has worked in Cities that are similar in Scope of Services and size as the City of Wildomar. IMSA Traffic Signal Level III Senior Field Technician and IMSA Traffic Signal Inspector
Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. – 2016 to Present  Traffic Signal Technician – Computer Service Company – 2014 to 2016  Construction Wireman – CSI – 2013 to 2014
Lance Alm (951) 201-8298 Signal & Streetlighting Technician/Electrician – Key Member Lance Alm has over 15 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting. IMSA Traffic Signal Level III Senior Field Technician
Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. - 2016 to Present  Traffic Signal Technician – Siemens Industry, Inc. – 2010 to 2016  Traffic Signal Technician – Republic ITS – 2008 to 2010 Ceasar Gonzales (951) 809-9200 Signal & Streetlighting Technician/Electrician – Key Member Ceasar Gonzales has over 9 years of experience in the Traffic Signal and Streetlighting Maintenance.

Skilled in all aspects of traffic signal and streetlight maintenance and troubleshooting. Proficient with TS1, TS2, Type 170, ATC and NEMA Controllers. Video Detection installation and maintenance, specifically:

Iteris & Autoscope. Experienced with installation and wiring of battery backup system and traffic signal controller cabinets. Familiarity with Various Solar and Hardwired Speed Feedback Systems and Crosswalk Systems for both installation and troubleshooting. IMSA Traffic Signal Level III Senior Field Technician Work Experience:
 Traffic Signal Technician – St. Francis Electric, LLC. - 2021 to Present  Traffic Signal Technician – Siemens Industry, Inc. and Yunex ITS – 2014, 2016-2021 Chris Cruz (951) 202-4622 Signal & Streetlighting Technician/Electrician – Key Member Chris Cruz has over 3 years of experience in the Traffic Signal and Streetlighting Maintenance. Skilled in all aspects of traffic signal and streetlight maintenance, troubleshooting and construction. IMSA Traffic Signal Field Technician Level II
Work Experience:
 Traffic Signal Technician / Electrician – St. Francis Electric, LLC. – 2020 to Present Stephen Petrie (951) 334-0784 Signal & Streetlighting Technician/Electrician – Key Member Stephen Petrie has over 15 years of experience in the street lighting / traffic signal maintenance and oncall emergency response.

Work Experience:
 Traffic Signal/Street Lighting Technician – St. Francis Electric, LLC. – 2016 to Present  Traffic Signal/Street Lighting Technician – Siemens Industry, Inc. – 2010 to 2016  Traffic Signal/Street Lighting Technician – Republic ITS – 2008 to 2010 88 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 14 Guy Smith (510) 639-0639 x211 Maintenance Division Manager/VP/CEO - Management Contact Guy Smith is responsible for the maintenance operations for all offices he also oversees all field and front office. Guy is available to the City of Wildomar to ensure contract satisfaction. He has over 20 years of experience in the Traffic Signal and Street Light business in maintenance, repairs, and modification for public agencies from the Bay Area through Central Valley.

Work Experience:
 Chief Executive Officer, Vice President and Secretary of Company  Authorized representative to sign agreements for SFE
 Supervisor responsible for managing 250+ employees
 Responsible for the management of all Maintenance and Construction projects and accounts.  10+ Years of multiple Video Detection installations, specifically: Iteris, Autoscope, Trafficon & Aldis
 Knowledgeable with CCTV installation, maintenance and troubleshooting; 89 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 15 List of Subcontractors
SFE will/may subcontract work within the City using the subcontractors listed below. If it is found that additional subcontractors are required, their information would be submitted to City at that time.

Company Address Phone Number License DIR
Registration Responsibilities
Sierra Pacific
Electrical,
Inc.
2542 Avalon St
Riverside, CA 92509 (951) 784-1410
264048
A, B, C101000004626
Underground
Construction,
Foundations
Smithson
Electric, Inc.
1938 E. Katella Ave
Orange, CA 92867 (714) 997-9556 614518C-10 1000001610 Detector Loops SFE also understands that it is responsible for verifying the experience, qualifications, and validity for all licenses for any subcontractors SFE hires. Below are the current statuses of licenses and DIR registrations for the subcontractors listed above.
90 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 16 List of References
St. Francis Electric has established a reputation of quality service with our Southern California team.

The field and office staff have provided maintenance/response services to public agencies for over two decades and continue to build strong relationships with new clients. We understand the value of our clients as well as their demands all while keeping the citizens’ safety in mind.

Client “Project
Manager” Address Email & Phone Contract Term Staff Assigned Outcome City of
Beaumont
Martin
Gutierrez
550 East Sixth Street
Beaumont, CA 92223
[email protected]
(951) 769-8520
2016/2-yr+1 Stephen
& Lance
Contract Term
Ended (Bid)
City of
Corona
Gabe
Hernandez
400 S. Vicentia Ave
Corona, CA 92882
[email protected]
(951) 279-3709
2019/2-yr Alex On-Going
City of
Grand
Terrace
Ruben
Montano
22795 Barton Rd
Grand Terrace, CA
92313
[email protected]
(909) 825-0890
2017/3-yr+1+1
&
2022/3yr+1+1
Lance &
Emi On-Going
City of
Indian
Wells
Mihai Dan 44-950 Eldorado Dr
Indian Wells, CA 92210
[email protected]
(760) 346-2489
2019/1-yr Chris On-Going
City of
Lancaster Mike Harne 44933 Fern Ave
Lancaster, CA 93534
[email protected]
(661) 723-5801
2019/1-yr
2020/1-yr
Ceasar,
Josh &
Sergio
Selected Again
for 2nd Term
City of La
Quinta
Kris
Gunterson
78-495 Calle Tampico
La Quinta, CA 92253
[email protected]
(760) 636-8170
2019 to
Current
Stephen
& Emi On-Going
City of
Loma
Linda
John Trujillo 25541 Barton Rd
Loma Linda, CA 92354
[email protected]
(909) 478-4269
2018/1-
yr+1+1+1 &
2022/1-
yr+1+1+1
Lance &
Stephen On-Going
City of
Ontario
John
Herrera
208 W. Emporia St
Ontario, CA 91762
[email protected]
(909) 395-2623
2016-2018 Chong &
Cesar
Contract Term
Ended (Bid)
City of
Palm
Desert
Bassam ALBeitawi 73-510 Fred Waring Dr
Palm Desert, CA 92260
[email protected]
(760) 346-0611
2017/2-yr Stephen On-Going
City of
Palm
Springs
Francisco
Jaime
3200 E. Tahquitz
Canyon Way
Palm Springs, CA 92262
[email protected]
(760) 219-0579
2016/3-yr+1+1
& 2021+
Stephen
& Emi On-Going
City of
Rialto Tim Sullivan 335 W. Rialto Ave
Rialto, CA 92376
[email protected]
(909) 421-7229
2016/1-yr+1+1
2019/1-yr+1+1
& 2022+
Lance &
Emi
Selected Again
for 2nd Term
City of
Rosemead
Jimmy
Limon
2714 River Ave
Rosemead, CA 91770
[email protected]
(626) 644-1287
2017-2019
2019/3-yr+1+1
Colin &
Scott
Selected Again
for 2nd Term
City of San
Bernardino Dan Morris
290 North D Street
San Bernardino, CA
92401
[email protected]
(909) 462-8406
2022 – 2023 Emi &
Scott On-Going
County of
San
Bernardino
Tony Lugo
825 E. Third Street
San Bernardino, CA
92415
[email protected]
(909) 501-5165
2017-2019
2019/5-yr
Lance &
Emi
Lowest Bid for
2nd Term
City of
South El
Monte
Brianna
Badar
1415 Santa Anita Ave
South El Monte, CA
91733
[email protected]
(626) 579-6540 x 3245
2018/2-yr+3 Colin &
Scott On-Going
City of
Temecula
Jeff
Beardshear
41000 Main Street
Temecula, CA 92590
[email protected]
(951) 760-9409 2016/4-yr+1 All On-Going
City of
Yorba
Linda
Armando
Jaime
4845 Casa Loma Ave
Yorba Linda, CA 92886
[email protected]
(714) 961-7170
2016/3-yr+2+2 Colin &
Emi On-Going
91 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 17 Technology
SFE is proud to utilize Salesforce Project Tracking ™ our computerized electronic maintenance and inventory management system. This internet cloud-based website
www.salesforce.com/products/service-cloud/overview
represents what we believe to be the forefront of customer account management and maintenance tracking in our industry.

The City’s Salesforce Project Tracking ™ account will include a complete list of all of City of Wildomar’s intersections, equipment inventory, a log of repair and replacement parts, and records of all routine and emergency calls received for the City.

The information handled by Salesforce™ includes:
• Service Request Management and Scheduling, including time stamping and dispatching. • Scheduled Maintenance Management and Scheduling.
• Location details of technicians and start work/end work times in the case of Emergency callouts. • Intersection Details, inventories of equipment, maps, CAD drawing, timing sheets, etc. • Report Generation: including invoices, material use, etc. • Inventory control, including real-time tracking of available and installed equipment. • Information available to view or download through the Customer Portal, which includes:
• Real-time status of Scheduled Maintenance and Service Request calls. • Real-time Intersection Inventories.
• Real-time Equipment Inventories.
• Intersection maintenance histories, maps, CAD drawings, digital photographs. • Account information, such as contacts and billing
Essential key functions of this online database are made available to the Public Works Director and staff, all Traffic Engineers and authorized agent(s) to monitor maintenance, service call history, and review all activities performed by SFE technicians working within the City.

Salesforce™ Customer Portal
Information that is associated with each service call will be documented as follows:
• Call to Dispatch Center or Office is logged as to time and location of request. • Dispatch time is noted as well as Technician name that is dispatched • Arrival time to site of call for service.
• Technician notes of problem(s) discovered, and process to repair. • Any notes of other circumstances seen by the technician will also be captured. 92 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 18 • Resolution of problems and equipment used or replaced to remedy the location will be noted. • Technician completion of service call will be noted.

All SFE work done under this maintenance contract will be verified and available to the City of Wildomar through this online Salesforce Project Tracking ™ tool
SAMPLE OF CITY OF WILDOMAR’S MONTHLY ACTIVITY REPORT
GPS Navigation System
SFE uses Samsara Networks to track our workforce and fleet. Samsara’s fleet management platform organizes daily workflow management to help managers effectively respond to customer requests. Its instant visibility map feature allows users to view all drivers and vehicles in real-time to pinpoint exact locations to dispatch the best routes. When a customer calls for an ETA or last-minute status update, SFE can accurately answer inquires based on location within seconds. 93 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 19 Understanding of the Scope of Work and Work Proposal
SFE’s team intends to approach this contract with a desire to provide the best customer service experience for the City of Wildomar and its citizens. SFE has consistently performed to the highest levels of satisfaction on all our service contracts. SFE understands that, as a maintenance contractor, we represent the City while working on its streets.

We clearly comprehend and understand what the City expects of us and the work we do. SFE’s field and office staff continues to strive to become a highly valued part of the City of Wildomar’s team. SFE proposes to make every effort to satisfy the City of Wildomar in responding to the 24/7 unscheduled and emergency work. All Emergency and accident calls will be responded to within the two (2) hour time limit from receiving the call.

Our SFE team stands out over many due to our experience and providing exceptional customerservice year after year. Working with municipalities is our primary focus. All SFE Employees have the same goal to “be the best in the industry”, by providing superior customer service. We understand to last the test of time you not only must be the very best at what you do but you must care about what you do and prove it every day. SFE owners have from day one always been boots on the ground, in the field working alongside their employees, taking pride in the service we provide and the team that it has built throughout the years.

SFE’s crew is focused and attentive to the City’s needs and will do what it takes to assist the City achieve their goals for their streets and infrastructure.

SFE has been in the traffic signal and streetlighting industry for over 77 years and has built an outstanding reputation all over California for its work and services provided:
• We have over 250+ employees throughout our offices and in the field, IMSA certified, NEC certified, VMS qualified, USA trained, Traffic Engineers on staff and Construction specialists dedicated to this industry alone. Our motto “Experience, Quality & Reliability…” is something we all stand by.
• We strive to understand our customer’s, their needs and goals. We understand there can be many obstacles our customers may have to navigate, and we are there to help them in any way possible.

Our project managers/field staff make it a point to answer calls and emails responsively, we meet with our customers on a routine basis whether it be onsite or at their facility to have clear concise communications at all times. With this type of effort, we can sustain from common issues that arise when there is a lack of communication.
• We offer our customers an emailing option for non-urgent [email protected] during our business hours so that our Cities’ will receive a response from our office staff. We inform our customers that a tech has been dispatched and when a service request has been completed in the field by our technicians so that they are not left wondering if a problem has been addressed. • We have a live person dispatch service when calling our 24/7 Direct Line Teleservice every time you call in, and the service call is immediately dispatched to our on-call technicians. Our techs will follow up with a return phone call notifying the reporting party confirmation of receipt and our estimated time of arrival. All our technicians have smartphones / tablets and / or laptops and can be reached at any time while performing services within the City. • We have built outstanding relationships with our suppliers over the past few decades giving us the advantage of outstanding pricing, expedited shipping and making it so we have access to thousands of components that may not be the standard everyday part, and a tremendous number of resources that we can rely on.
• SFE continuously works with all our customers on getting their warranty items repaired or replaced throughout the city even when they were not the original installer. We make every effort to handle and relieve our customers of this burden, while keeping the customer informed and up to date on the status.
94 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 20 • We have an In-house testing/training Lab in both our Southern California and Northern California facilities.
• Our technicians receive communication directly from our 24/7 Dispatch center and take company vehicles home for a faster response time. Our shop is centrally located between the 215/60/91 Freeways making it convenient for our technicians to pick up materials if needed. Our technicians reside in varies areas of SoCal and our company vehicles are equipped with GPS to be able to dispatch the nearest technician available.

Communications between City of Wildomar and SFE
SFE Staff we will proactively communicate with City officials to inform of field issues encountered for all services described in this RFP during the contract period. Correspondence between the City of Wildomar and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to [email protected] (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of Wildomar. All Call/Service request and Dispatch request will go through our 24/7 dispatch center. The helps to insure they are responded to in a timely manner. Our Dispatch Center also knows what techs are in what area in order to have the quickest response possible. SFE DISPATCH 1-(844)- LIGHT88
• Staff will proactively communicate with city personnel to inform of field issues encountered for all services described in this RFP during the contract period. • SFE highly encourages all field technicians become acquainted with city personnel so that they are recognized while working throughout the City. Our technicians will contact designated city contact(s) when they plan on being in the city, when they are responding to calls and to update status of the calls in the city or prior to leaving the city to ensure all tasks have been communicated.
• Correspondence between the City of Wildomar and our local Area Manager, Project Managers, and Project Coordinators can be called in direct line or via individual email or to [email protected] (this will send an email to all office staff.) Any and all issues with service, performance or quality shall be directed to the assigned project manager for the City of Wildomar.
• Dispatch requests (emergency or non-emergency) are encouraged to be called into our 24/7/365 dispatch call center at 1-844-LIGHT88 this helps ensure accurate complete information is received and dispatched appropriately.

Scope of Work
Preventative Maintenance
SFE understands it will be required to provide preventive maintenance for the traffic signal and related equipment as listed in this solicitation. If selected, SFE will furnish and use a preventive maintenance checklist form, as approved by the City, for each inspection. SFE will:

1. Provide one electronic copy of the maintenance checklist to the City following each inspection;

2. Maintain a copy of the maintenance checklist in the traffic signal controller cabinet; and

3. Maintain a copy of the maintenance checklist at SFE’s office of records.

SFE will follow a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The program will include, but will not be restricted to the following:
95 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 21 Routine Maintenance (Once Per Month)
• Preventative Maintenance (PM) Checklist Form: maintain a copy of the Preventative Maintenance Checklist Form approved by the City at each traffic signal. The PM Checklist Form will be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.)
• PM Checklists and updates to Timing Sheets: Digital copies of PM logs will be provided to the City once per month. Any updates and handwritten notes on signal timing sheets will be submitted to the City within 24 hours.
• Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distort the cabinet door opening by over tightening. • Controller Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and report the need to reseal the cabinet foundation as necessary. • Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures for evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration.
• Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of any foreign material. • Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters. Take appropriate action based on the condition of the filter.
• Cabinet Fan: Verify that cabinet fan(s) operate properly with a minimum of noise. • Thermostat: Verify that the cabinet fan thermostat is set at 96 degrees. • Interior Light: Verify the proper operation of the cabinet’s interior light. • Door Panel Harness: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door.

Adjust if necessary.
• Hinges and Locks: Check for free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess.
• Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of the cabinet.
• Insect or Rodent Infestation: Check for signs of ants, wasps or other insects or rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems will be reported to the City.
• Insect preventative maintenance: At boxes, and where wires are exposed coming up from the subgrade within conduit, apply appropriate powder, spray, and/or pellets to prevent insects from entering into the conduits and damaging wires. Any wires needing replacement from rodent/insect damage will not have a coating that is soy-based, unless approved by the City. • Cabinet Grounding: Using appropriate equipment, check annually the resistance between AC and ground.
• Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets.
• Plug-In Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.,) fit tightly and securely.
• Ground Fault Receptacle: Verify the proper operation of “Test” and “Reset” buttons on GFCI type outlets.
• Intersection Records: Ensure that all intersection cabinet wiring diagrams and traffic signal 96 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 22 improvement plans are present and up to date.
• Controller Operation: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase.

Check controller logs for any faults that have occurred and make note for the file. Verify signal timing is current with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after daylight savings time change).
• Conflict Monitor/Malfunction Management Unit: Verify time and dates are correct in any CMU/MMU with an internal clock.
• Detector Operation (Inductive Loops): Verify the detection zones for each detector by observing the turn-on of the appropriate detection indicator as a vehicle passes over the detector loop(s).

Check also that a call is placed on the correct controller phase. • Detector Operation (Video/Radar or Video Detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in the controller.
• Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment are working properly.
• Pre-Emption Devices: Test any pre-emption devices for proper operation. • System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately. • Battery Back-Up System: Check battery back-up display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is out of range. Keep record of events recorded and total battery run time between maintenance checks to help indicate problem intersections. Check all battery connections to ensure they are clean and secure. • Safety Lighting (Night Check): Institute a routine nighttime check of safety lights and illuminated street name signs at all signalized intersections every other month and submit a report and an estimate for any repairs necessary to the City for approval. • Uninterrupted Power Supply (Back-Up) System:
 Load test all batteries and record on paper and with silver marking pen on each battery the date and load test results.
 Perform 15-minute test.
 Verify bypass switch is operating properly.
 Verify unit is set for 50% fully operational and 50% red flash.  Inspect and test battery charging system.
• Video Detection System: Clean and polish video detection camera lenses and service power supply cable.
• Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs and traffic signs. • Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. • Check: all pull boxes for structural defects, insect or rodent infestations, and properly secured lids. • Verify timing charts to controllers. If they are not correct, contact City staff to verify differences. • Report significant areas of rust on cabinet exterior and signal poles to City staff.

Intersection Walk-Around (included as part of Routine Maintenance once every month):
• General: Remove any easily removed, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed on traffic signal equipment.
• Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications, and the signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that 97 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 23 all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection.
• Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly.

Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary. • Internally Illuminated and/or Reflective Street Name Signs (IISNS/RSNS): Verify that the IISNS/RSNS is adequately connected to the frame, clamp and brackets, no panel is broken or missing, and that the street names are legible.
• Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc.

Records:

Intersection Records
a) Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list will include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list will be continually updated, and a copy will be furnished to the City every six months.
b) Preventative Maintenance (PM) Checklist Form: Maintain a copy of the Preventative Maintenance Checklist Form approved by the City at each intersection. The PM checklist form will be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.).

Monthly Activity Report
SFE will provide a computerized monthly activity report to the City by the fifteenth working day of each month for the previous month. The report will be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by email and will include the following:
i. Time the service calls were received, time arrived at the intersection, the response time, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month.
ii. A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model and serial number of any major components or other equipment that was newly installed at each intersection. iii. Time and date the PM work was performed.

Pending Repair List
SFE will provide a monthly report of all pending repair work needed at each intersection.

SFE understands compensation for all routine “Preventative Maintenance” work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month. (For clarification, each intersection will be billed to the City no more than once every month for routine preventative maintenance work). No additional or separate payment will be made for labor and materials, vehicles, equipment or for daily travel time from SFE’s base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventative maintenance work 98 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 24 as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized.

Traffic Signal Interconnect Systems
SFE would provide a quarterly (i.e., every three months) systems check to ensure traffic signal interconnect systems function in accordance with the timing plans once implemented. Investigate and determine causes for any performance issues (i.e., faulty pedestrian push buttons, faulty vehicle detection, faulty communication, etc.,) and recommend appropriate repairs necessary for system operation in accordance with the timing plan. Repairs necessary to improve the function of traffic signal interconnect systems will be considered as “Extra Work”. SFE acknowledges that the City currently does not have a Traffic Management Center or equivalent.

SFE understands compensation for all traffic signal interconnect systems maintenance work identified above will be considered as included in the established flat rate fee paid per intersection for routine “Preventative Maintenance” work, in accordance with the proposal. No additional or separate payment will be made for monitoring the function and operation of traffic signal interconnect systems.

Compensation for any necessary repairs to traffic signal interconnect systems will be paid as “Extra Work”.

Flashing Beacons and Speed Feedback Signs
SFE will provide monthly maintenance of all flashing beacons and speed feedback signs as necessary to ensure that equipment is properly operating, properly lit, and accurately detecting vehicle speeds.

Extra Work
Unscheduled Maintenance of Traffic Signal Control Equipment SFE understands unscheduled/emergency work includes, but is not limited to the following:

Downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, electroliers, pedestrian signal heads, wiring, and other operational equipment related issues.

Assisting the City for special events of for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions.

Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon by the City.

SFE will provide materials, as approved by the City, for permanent repairs. The City shall reimburse SFE for materials used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price.

SFE understands no permanent change of control mechanisms will be made without prior approval of the City. Whenever equipment is removed from the controller cabinet, the City will be notified by phone within 24 working hours, except weekends and holidays.
99 St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 25 SFE will notify the City in advance of any traffic signal de-activations that may be required to provide the required services. Traffic signal de-activations will not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment will be maintained as recommended by the manufacturer.

SFE will cover the costs for replacing any parts to the controller mechanisms under the provisions of the preventative maintenance program. When entire controller mechanisms become obsolete or are deteriorated beyond repair, report such conditions to the City and provide satisfactory evidence that replacement is necessary. SFE will prepare estimates showing the cost breakdown of material and labor for replacement of such controller mechanisms and submit this information to the City. Replacement of an entire controller mechanism, if ordered by City, will be paid for as “Extra Work”. “Extra Work” includes, but is not limited to the following:
• Traffic Signal and Pedestrian Signal Indications: Replace or repair standard traffic signals (red, yellow, and green) and pedestrian signal display units as they malfunction upon authorization from the City. All traffic signal and pedestrian indications will be Caltrans approved LED units only. • Unscheduled Maintenance: Respond within two (2) hours after City’s notice of the following events:

1. Any signal controller malfunction;

2. Burned out red or green ball or arrow display;

3. Other situations that are potentially hazardous to public safety.

SFE understands the replacement of burned-out lamps need not be on an after-hours “emergency” basis provided that there is one (1) such signal indication still operative for each direction of travel. Such replacements will be completed within twenty-four (24) hours. Notify the City within twenty-four (24) hours of any change in traffic signal operation caused by controller replacement, timing changes, and loss of master control or traffic collisions.

Maintenance activities that require periodic replacement of minor parts will not require City approval.

SFE understands replacement of controllers, cameras, and battery backup systems will require approval of City staff prior to replacement. Serial number of unit removed will be recorded and the unit delivered to the City, unless otherwise approved.

SFE understands that emergency calls that require replacement of equipment will not require approval from City before such replacements are commenced. Additional staffing will be provided where the responding technician cannot handle emergency work alone (knockdowns, wire pulls, etc.) SFE maintains a single local telephone (1-844-LIGHT88 or 1-844-544-4888) where an on-call traffic signal technician can be reached twenty-four (24) hours per day. This telephone number will be made available to all persons designated by the City.

Monitoring Emergency Calls: At the time the on-call traffic signal technician is notified of an emergency, he will call the designated City representative. If the designated representative is not available, the following numbers are available to verify that the on-call traffic signal technician has received the call:

TIME TELEPHONE NO.
7:00 AM – 5:00 PM Monday – Thursday, (951) 677-7751, EXT 5 PW HelpDesk 100
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 26 5:00 PM – 7:00 AM Monday – Thursday, 24 hours Friday – Sunday, and all recognized Holidays, After hour telephone numbers will be provided in accordance with an established Traffic Signal Service Call Procedure.

Upon completion of emergency work, SFE will contact the above telephone numbers and inform the City that the emergency work has been completed.

SFE understands compensation for unscheduled maintenance work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal provided by SFE. Compensation for travel time will be included in the payment for unscheduled or emergency work for those calls originating between 5:00 PM to 8:00 AM, for the actual travel time to the City, up to a two (2) hour maximum.

Upgrades
SFE understands it will be required to maintain any additional traffic signals, traffic management center equipment and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. Upgrade work may include, but is not limited to the following:
• Replacement of existing non-operative equipment as needed; • Enhancing equipment as needed or warranted;
• Installation of new controller equipment, signal cabinets, video cameras, signal heads, signal poles, battery backup systems, new software, and software updates, and related wiring; • Installation of any new hardwired and/or wireless communication equipment in the field; • When requested by the City, install, modify or upgrade traffic signals or electrical or mechanical traffic control or traffic safety devices.

SFE understands no upgrade work will be commenced or undertaken unless authorized by the City. Said authorization is a condition precedent to receiving any reimbursement for upgrade work. Work will be performed in accordance with the Standard Plans (current) and Section 86 of the Standard Specifications (current, as it is amended from time to time) for the State of California, Department of Transportation, and the City of Wildomar special provisions. This work will be performed within a time limit established by the City and for a mutually agreed upon price.

SFE understands that the City will retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work for bids.

New Traffic Signals
SFE understands it will be required to coordinate with the City’s designated representative on any new traffic signals installed by another contractor under contract with the City (“City Install Traffic Signal”), or by another contractor under contract with a private party (“Developer Installed Traffic Signal”). The City will assume all responsibility for coordinating construction inspection of new traffic signals, whether a City Installed Traffic Signal or a Developer Installed Traffic Signal, up to, but not prior to, final acceptance of work and traffic signal activation. When requested by the City, SFE will coordinate with the City’s designated representative when notified that a new traffic signal is to be activated. SFE will participate in a walk-through of the new traffic signal improvements with the City’s designated representative to determine that the new traffic signal improvements will function as designed. When scheduled, the selected firm will attend the traffic signal activation, and will participate in confirming that all components of the new traffic signal improvements are operational with the City’s designated representative and the installing contractor. SFE understands it will be responsible for assuming maintenance responsibilities for all new traffic signals following activation.
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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 27 SFE understands compensation for reviewing new traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates.

Warranty Service
During the period of warranty, SFE will coordinate all communication between manufacturer, installing contractor and the City regarding any warranty service; and to notify the City of any undue delays in response by the manufacturer or installing contractor and details of each incident.

SFE understands that no additional, or separate, compensation will be paid for warranty service work, which will be considered as included in the compensation paid for services provided in relation to “Upgrade Work” or “Traffic Signal Inspection”.

Meetings
SFE understands that the assigned traffic signal technician will be available to meet with the City’s designated representative on a monthly basis at a mutually agreed upon time and place in the City to review each month’s maintenance activities. The assigned traffic signal maintenance supervisor will be similarly available to meet with the City’s designated representative on a monthly basis.

SFE understands that no additional, or separate, compensation will be paid for attending meetings, which will be considered as included in the compensation paid for all the various services provided hereunder.

Payment
SFE understands all payments will be made within thirty (30) days after an invoice has been approved for payment by the City’s designated representative, who has reviewed written verification of the actual compensation earned. Copies of all invoices for materials and supplies included on a payment request are required. Invoices shall be submitted monthly.
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St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 28 Cost Proposal
All rates include all compensation for wages, profit, overhead, any fringe benefits such as employer payment to, or on behalf of, workmen for health and welfare, insurance, workman’s compensation, pension, vacation, sick leave or any local, State, Federal or union tax or assessment. In addition, Regular, Overtime and Double Time / Holiday rates will be billed and applied per the DIR Requirements.

A. Routine Preventative Maintenance Items
Item Description Unit Qty Unit Price Total
Signalized
Intersections EA 20 $72.25 $1,445.00
Flashing Beacons EA 5 $36.00 $180.00
Speed Feedback Signs EA 3 $36.00 $108.00
Routine Preventative Maintenance Per Month $1,733.00
Annual Preventative Maintenance (Month x 12) $20,796.00 B. Labor Rates
Item Description Unit Regular Overtime Double Time /
Holiday
Superintendent /
Foreman HR $117.25 $160.00 $202.00
Traffic Signal
Inspector HR $117.25 $160.00 $202.00
Signal Maintenance
Technician HR $108.00 $147.00 $185.00
Safety Light
Technician HR $108.00 $147.00 $185.00
Signal/Street Light
Laborer HR $88.00 $127.00 $168.00
C. Equipment Rates
Item Description Unit Cost
Pickup Truck HR $20.00
Service/Utility Truck HR $28.00
Bucket Truck HR $30.00
Crane Truck HR $75.00
Dump Truck/Trailer HR $20.00
Jack Hammer /
Compressor HR $10.00
Arrow Board HR $5.00
D. Loop Rates
Item Description Rate
6’ Circle Traffic Loops – State Specs – Qty 1 / Price Per Loop $2,750.00 6’ Circle Traffic Loops – State Specs – Qty 2 / Price Per Loop $1,925.00 6’ Circle Traffic Loops – State Specs – Qty 3-4 / Price Per Loop $935.00 6’ Circle Traffic Loops – State Specs – Qty 5-9 / Price Per Loop $770.00 6’ Circle Traffic Loops – State Specs – Qty 10-15 / Price Per Loop $522.50 Circle Traffic Loops – State Specs – Qty 16+ / Price Per Loop (if loops are completed in the same day) $440.00 D. Extras
Item Description Rate
Subcontractors Cost + 15%
Materials Cost + 15%
Rates are hourly Port-to-Port for Labor and Equipment
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TRAFFIC SIGNALS IN WILDOMAR TO BE MAINTAINED
LOCATION 1 LOCATION 2
1 BUNDY CANYON
ROAD

MISSION TRAIL
2 BUNDY CANYON
ROAD

MONTE VISTA ROAD
3 BUNDY CANYON
ROAD

ORANGE STREET
4 BUNDY CANYON
ROAD

SELLERS ROAD
5 BUNDY CANYON
ROAD

THE FARM ROAD
6 WILDOMAR TRAIL CERVERA ROAD
7 WILDOMAR TRAIL GRAND AVENUE
8 WILDOMAR TRAIL PALOMAR DRIVE
9 CLINTON KEITH
ROAD

ARYA DRIVE
10 CLINTON KEITH
ROAD

WILDOMAR TRAIL
11 CLINTON KEITH
ROAD

GRAND AVENUE
12 CLINTON KEITH
ROAD

HIDDEN SPRINGS ROAD
13 CLINTON KEITH
ROAD

INLAND VALLEY DRIVE
14 CLINTON KEITH
ROAD

PALOMAR STREET
15 CLINTON KEITH
ROAD

SMITH RANCH ROAD
16 CLINTON KEITH
ROAD

RENAISSANCE PLAZA
17 GRAND AVENUE WILLOW BAY
18 MISSION TRAIL CANYON DRIVE
19 PALOMAR STREET GRUWELL STREET
20 CORYDON STREET MISSION TRAIL

FLASHING BEACONS/RADAR SPEED SIGNS IN WILDOMAR TO BE MAINTAINED LOCATION 1 LOCATION 2
1 BUNDY CANYON ROAD W/0 THE FARM ROAD
2 BUNDY CANYON ROAD E/0 HARVEST WAY
3 GRAND AVENUE N/0 PASSADENA STREET
4 GRAND AVENUE N/0 VIRGO WAY
5 MISSION TRAIL PALOMAR STREET
104

SIGNALS IN WILDOMAR MAINTAINED BY CITY OF LAKE ELSINORE/RIVERSIDE COUNTY

WILDOMAR
MAINT COST % LOCATION1 LOCATION2
1 50 CORYDON STREET PALOMAR STREET
2 50 CORYDON STREET UNION
3 75 CORYDON STREET GRAND
4 25 MISSION TRAIL MALAGA ROAD
5 50 MISSION TRAIL ELBERTA/HIDDEN TRAIL
6 50 MISSION TRAIL OLIVE STREET
7 33 MISSION TRAIL LEMON

SIGNALS AND STREET LIGHTS IN WILDOMAR MAINTAINED BY CALTRANS MAINT%
VARIES LOCATION1 LOCATION2
1 INTERSTATE 15 BUNDY CANYON RD S/B
RAMPS
2 INTERSTATE 15 BUNDY CANYON RD N/B
RAMPS
3 INTERSTATE 15 CLINTON KEITH RD S/B
RAMPS
4 INTERSTATE 15 CLINTON KEITH RD
N/B·RAMPS
105

CORYDON RD

CANYON DR

OLIVE ST
WILLOW
BAY RD

WILDOMAR
TRL

UNION ST
SMITH

RANCH RD
GRAND
AVE

CLINTON

KEITH RD

GRUWELL ST

PALOMAR ST

FARM RD
THE

GRAND AVE

PALOMAR ST

CERVERA RD

WILDOMAR
TRL

LEMON ST
BUNDY

CANYON RD

CORYDON
ST

MISSION TRL
HIDDEN

SPRINGS RD
BUNDY

CANYON RD
INLAND

VALLEY DR

ORANGE ST
:

Legend
Traffic Signals
Maintained By

CALTRANS

CITY OF LAKE ELSINORE / RIVERSIDE COUNTY

CITY OF WILDOMAR
City Boundary
City Boundary
Streets
0 0.5 1 2 Miles
City of Wildomar Traffic Signals
Path: G:\PROJECTS\WILDOMAR\WILDOMAR_TRAFFIC_SIGNALS\WILDOMAR_TRAFFIC_SIGNALS.aprx 4/17/2023 4:33 PM 106
St. Francis Electric | A and C-10 Licensed Contractor | 1420 Citrus St. Riverside, CA 92507 stfranciselectric.com – Phone (951) 304-4903 – 24/7/365 Traffic Signal & Street Light Service 1-(844) LIGHT88 29 Prior City Work
The majority of SFE staff has worked with the City of Wildomar in the past for over 6 years between 2009 – 2015 providing these exact services in the RFP. In addition, SFE’s Area Manager / Project Manager, Jill Petrie, had been directly involved with many City special projects working with Steve Palmer and Les Chapman at that time. Some previous projects included: The LED conversion of Street Name Signs working within the Dark Skies Night ordinance for the Mt. Palomar Observatory and also changing out several parks’ parking lot lights to LED’s specialized for dark skies as well. This improved the safety for citizens who visited the parks and baseball fields at night. The prior lighting was dim and considered unsafe for vehicles and pedestrians to share the same parking lots. Jill Petrie assisted with the research for many lighting projects and suggested lighting products at that time which would help in future planning projects.

This staff had also assisted in many CIP projects going on within the City to help ease traffic flow coming and going through Clinton Keith Rd.

During that time, Jill Petrie worked with City staff year after year with year-end budget planning to replace obsolete and older equipment to help avoid failures and to meet the latest MUTCD standards.

SFE staff had worked with and responded to the City of Wildomar for many years with prior employers with the utmost urgency for many types of emergency situations to include complete intersection rewires, main pole and secondary pole knockdowns and replacements.

SFE’s warehouse stocks signal gear that meets the City of Wildomar’s current signal head requirements, so that we are always ready to respond to the City’s needs which include, but not limited to: traffic signal controller cabinets, service meters, video detection cameras and processors, controllers and many other items as we have learned from years of service with the City and others, it is crucial to keep on hand to provide the best service possible. SFE’s staff has always been very proud of the work we have done with our cities and look forward to providing these types of services to the City of Wildomar again.
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108
CamScanner
109
CamScanner 110
111
112
113
Emigdio Cervantes
is hereby certified as a
Renewal IMSA Traffic Sig. Sr. Field Tech III
by completing all requirements and examination for certification on 6/2/2023
Valid thru 6/2/2026
Certification #CE_83736
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EXHIBIT “B”

SCHEDULE OF PERFORMANCE
[See Attached Proposal from St. Francis Electric
which comprises the Schedule of Performance]
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EXHIBIT “C”

COMPENSATION
[See Attached Proposal from St. Francis Electric
which identifies the Cost Proposal on page 28]
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EXHIBIT “D”

REPRESENTATIVES
CITY’S REPRESENTATIVE
City of Wildomar
Public Works/Engineering Department
Attn: Public Works Director
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
Facsimile: (951) 698-1463
Email: [email protected]
CONTRACTOR’S REPRESENTATIVE
St. Francis Electric
Attn: Jill Petrie, Area Manager/Project Manager
1420 Citrus St.

Riverside, CA 92507
Phone: (951) 304-4903
Facsimile: (951) 274-0061
Email: [email protected]
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EXHIBIT “E”

BONDS REQUIRED
[“No Bonds Required”]
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EXHIBIT “F”

INSURANCE REQUIREMENTS FOR CITY OF WILDOMAR
The City requires a certificate of insurance, including an underwriter’s endorsement, prior to commencement of the Services.

Contractor shall procure and maintain for the duration of the contract, and for three years thereafter, 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 Contractor, his agents, representatives, employees, or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 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 CA 0001 covering Code 1 (any auto), with limits 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 Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 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. 120
4841-7614-3963 v2
Other Insurance Provisions:

Additional Insured
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 Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40.

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

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

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

Waiver of Subrogation
The Contractor hereby grants to the City a waiver of any right to subrogation which any insurer of the Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.

However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language 121
4841-7614-3963 v2
effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

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 circumstances. 122

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: June 14, 2023
SUBJECT: First Amendment and One Year Extension to Landscape and Parks Maintenance Services Agreement with Inland Empire Landscape, Inc.

SUBMITTED BY: Jason Farag
PREPARED BY: Terri Abercrombie
ACTION:

Authorize the City Manager to execute the First Amendment and One Year Extension to the Maintenance Services Agreement with Inland Empire Landscape, Inc. for Landscape and Parks Maintenance.

SUMMARY:

The City's current Landscape Maintenance Services Agreement is set to expire on June 30, 2023. This Amendment will extend the Agreement by one year and includes additional modifications to the Scope of Work and Compensation.

BACKGROUND:

Inland Empire landscape, Inc. (Contractor) has provided Landscape and Parks Maintenance Services since City incorporation. The most recent maintenance services agreement (Agreement), dated June 10, 2020, is due to expire on June 30, 2023. The Agreement includes two (2) optional one-year extensions upon a determination that the Services provided by the Contractor meet the standards established by the City.

DISCUSSION:

The services provided by the Contractor meet the standards established by the City and the Contractor desires to extend the current Agreement. With the transition of certain maintenance activities from contract staff to City maintenance crews, it was determined that it would be in the City's best interest to agree to a one-year extension.

Attachment A includes the proposed Amendment No. 1 (Amendment) to the Agreement.

Included in the Amendment is the contract extension and an updated Scope of Work. Updates to the Scope of Work include enhancements to better define various items and responsibilities, 123
removal of services no longer necessary, addition of new service areas, and other modifications to improve communication, coordination, and to provide an overall enhanced level of service. Specific updates include the addition of Cemetery landscape maintenance to the Contractor’s Scope of Work and removal of Trail maintenance as that will be accomplished by City maintenance crews moving forward. In addition, rates have been adjusted at the request of the contractor, as allowed by the Agreement, due to CPI increases and increases in material costs.

FISCAL IMPACT:

The cost for Landscape Maintenance Services is covered by the various Maintenance Districts serviced and by the Cemetery maintenance budget. There is no impact to the General Fund.

ATTACHMENTS:

A - First Amendment
124
4893-7512-0232 v1
First Amendment to Landscape and Parks Maintenance Services Agreement This First Amendment to Agreement for Landscape and Parks Maintenance Services (“First Amendment”), which is dated as of June 14, 2023, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and INLAND EMPIRE LANDSCAPE, Inc., a California corporation (“Contractor”), as follows:

RECITALS
A. City and Contractor entered into an agreement for Landscape and Park Maintenance Services on June 10, 2020 (“Agreement”). The Agreement provides that Contractor will perform landscape and park maintenance services.

B. This First Amendment amends the Agreement to extend the term with the First Extension, modify the scope of services to be provided, and modify the compensation.

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

1. In accordance with Section 2 of the Agreement, the first extension to the Agreement is hereby approved and the Agreement term is extended by a period of one (1) year, ending on June 30, 2024.

2. Attachment 2a of Exhibit “A,” to the Agreement (“Specifications and Proposal to Inland Empire Landscaping Agreement”), is hereby replaced with the Scope of Services attached hereto as Attachment A and incorporated herein.

3. Exhibit 3 (“Cost Proposal”) of Attachment 2b of Exhibit “A” (“Proposal to Inland Empire Landscaping Agreement”) with the Compensation Schedule attached hereto as Attachment B and incorporated herein.

GENERAL PROVISIONS

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

2. Integration. This First Amendment consists of two pages and the attached Attachments A and B inclusive and constitutes the entire understanding of the parties.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1389 125
4893-7512-0232 v1

3. References. All reference to the Agreement includes all its respective terms and provisions. All defined terms utilized in this First 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
__________________________
Daniel A York
City Manager
ATTEST:
__________________________
Janet Morales
City Clerk

INLAND EMPIRE LANDSCAPE
_______________________
Joel Ibarra
President, Secretary
APPROVED AS TO FORM:
__________________________
Thomas D. Jex
City Attorney
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1390 126
4893-7512-0232 v1

ATTACHMENT A

REVISED SCOPE OF SERVICES
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1391 127

CITY OF WILDOMAR

LANDSCAPE MAINTENANCE

SERVICES SPECIFICATIONS
SECTION 1 – INSTRUCTIONS AND INFORMATION

1. Overview
The purpose of these contract Specifications is to provide ongoing maintenance for all existing and future annexed Zones within the City of Wildomar (City) in Landscaping and Lighting Maintenance District No. 89-1-Consolidated (L&LMD 89-1-C,) Community Facility Districts 2013-1 (CFD 2013-1, 2022-1, and any future CFDs) Community Service Area (CSA 103), City Parks, and City right-of-way. The maintenance for this project is funded by various public funds including a special assessment to the property owners within L&LMD 89-1-C; a citywide special parks tax; various Community Facility Districts (CFD’s) and, public works maintenance funds. Therefore, it is imperative that special attention is given to the maintenance of these projects and the plant material remains thriving and in excellent condition.

2. Project Descriptions
A. Landscape maintenance areas shall consist of, but shall not be limited to:
a. City parks
b. City facilities
c. Slope areas
d. Roadway medians
e. Road streetscape/parkway landscaping
f. Drainage channels within landscaped areas
g. Other areas within the City right-of-way.

Landscape maintenance within maintained areas shall include but shall not be limited to, turf, trees, shrubs, ground cover, planters, slopes, vines, landscaping fences, and irrigation systems maintenance and management.

B. The Contractor is expected to fully and adequately perform and complete the below listed Scope of Service in accordance with Industry accepted practices.

3. Additions/ Deletions to City Landscape Areas
A. Changes in the areas to be maintained may be made as the City accepts new areas and/or relinquishes currently maintained areas.

B. Any and all such changes shall only be made upon written notification in the form of a change order, work order, contract amendment, or other formal documentation as provided by the City which shall clearly state the effective date of the change.

C. Costs to add or delete landscape maintenance areas shall be limited to either original bid items, supplemental landscape maintenance areas, new landscape maintenance services, or extra work items.

D. The City reserves the right to add or remove any maintained area from the contract with thirty (30) days written notice.

4. Licensing and Permits
A. Contractor shall maintain and provide a copy of each of the following licenses:

1. The Contractor shall have a current and valid California Landscape (C-27) Contractor’s License,

2. A current and valid copy of the Contractor’s Qualified Applicator License (QAL) including “B” & “C” Categories from a full-time permanent employee on staff,

3. Contractor and any sub-contractor will also be required to secure and DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1392 128
maintain a valid City of Wildomar Business Registration,

4. A current and valid copy of the I.S.A. Arborist Certification,

5. A current and valid copy of the I.A. Certified Landscape Irrigation Auditors Certificate,

6. A current and valid copy of the Pest Control Business License issued to the company performing the landscape work. The Pest Control Business License shall be registered with the Riverside County Agriculture Commissioner. A Pest Control Business License is required due to the right-of-way conditions and common public areas.

B. Contractor shall obtain any permits required by Federal, State, or local governmental agencies for the use of special chemicals. All applications of pesticides shall be done in compliance with governmental requirements.

C. The City shall receive a copy of all chemical/pesticide/herbicide monthly reports (pest control records and/or pesticide use reports). Contractor shall maintain up-todate daily reports as required by State and/or County requirements.

5. Prevailing Wage
A. Pursuant to the labor code, the City relies on the Director of the Department of Industrial Relations, State of California, his/her determination of general prevailing rates of per diem wages applicable to the work, and for holiday and overtime work, including employer payments for health and welfare, pension, vacation, and similar purposes, as set forth on the schedule which is on file at the principal office of the Owner, and which will be made available to any interested person upon request.

B. Contractor’s Requirements: For all repair/new installation/maintenance work at these locations, the successful contractor must adhere to the following:

1. Contractor and/or Sub-contractors (upon City approval) must possess the proper Contractors license issued by the State of California for each craft or type of workman or mechanic needed to execute the contract.

2. Pay their employees the general prevailing rate of wages for each craft or type of workman or mechanic needed to execute the contract.

3. Submit certified payroll per form DLSE Form A-1-131 or most current approved form available at: https://www.dir.ca.gov/dlse/forms/pw/dlseforma-1-131.pdf (A form may be created to meet existing payroll period such as: every two weeks, twice monthly, and must include all the information on the State Form. However, signed State certification page must be submitted.)

4. Certified payroll may not lag more than 40 days behind current calendar day (30-day buffer to submit certified payroll).

6. Compensation
A. Contractor shall provide a monthly cost to provide all services identified in these specifications by type of services area, as listed below. Contractor’s monthly rate shall include all costs necessary to provide all labor, materials, tools, equipment, delivery, and fuel services in order to meet all requirements of these specifications, unless the specification explicitly identifies the work to be qualified as extra work.
a. LLMDs
b. CSAs
c. CFD 2013-1
d. CFD 2022-1
e. Parks
f. Cemetery
g. Other Areas as Assigned by the City
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1393 129

7. General Requirements
A. Furnish all necessary legal transportation, permits, insurance and taxes, in the performance of the scope of services.

B. Provide all labor, materials, tools, equipment, traffic control, fuel, and supervision necessary to maintain the landscaping and irrigation systems as required.

C. Schedule work during normal working hours, Monday thru Friday, 7:00 A.M. to 5:00 P.M. Prior approval by the City is required for any and all work outside normal working hours, with the exception of emergency situations. Do not schedule or plan on performing landscape or irrigation maintenance on Saturdays or Sundays.

D. Contractor shall submit and maintain a current maintenance schedule for these projects, to be updated as needed to maintain an accurate schedule. Contractor shall make changes to the schedule as necessary, when requested by the City.

E. Dress Code and Appearance – The Contractor shall be required to provide uniforms, with the company name imprinted on them, for the contracted personnel. Contracted personnel shall wear uniforms, at all times, when on the projects.

F. Vehicle Labeling – The Contractor shall provide company name, telephone number, and Contractor’s License number on all vehicles working on the projects. Labeling may be permanent or temporary.

G. Contractor shall be in compliance with Approved American National Standard (ANSI) Z133.1-2006 Standards while working/participating in horticulture work.

H. Emergency Services – The Contractor shall be available to provide emergency services on a 24 hour per day, seven day per week basis.

8. Safety
A. Contractor shall conform to all governing safety regulations.

B. Contractor shall be solely responsible for the condition of the premises on which the work is performed and for safety of the premises on which the work is performed. This requirement shall not be limited to normal working hours but shall apply continuously.

C. Contractor is not authorized to block a traffic lane unless all legal traffic control measures are in place, and the City has been notified of the intended closure 72 hours in advance.

D. Traffic Control - Traffic Control is the sole responsibility of the Contractor. Additional traffic control may be required if existing traffic control is deemed insufficient. Traffic Control shall conform to all requirements of the latest edition of the California Manual on Traffic Control Devices (CA MUTCD).

E. Contractor shall not trespass, perform illegal activities, or walk on top of walls.

F. Contractor shall use ladders in a safe and responsible manner.

I. Contractor shall be responsible for the proper education of their employees on all equipment used by the employees. Contractor shall perform annual safety instruction.

J. Vehicle Safety – The Contractor shall provide on their onsite vehicles a ‘backup warning device’ that operates automatically while the vehicle is backing, such as a buzzard, bell, horn, etc. Vehicles should be parked in such a manner as not to create confusion, a hazard, block signage, or impact traffic. The Contractor shall provide on all of their vehicles a high intensity rotating, flashing, oscillating or strobe light on their vehicles.

Vehicle hazard warning signals may be used to supplement the above required lighting, but not as a replacement. Vehicles shall be in good working order, safe, legally registered to the Company, well maintained, and good in appearance.

K. Vehicle Occupancy – Contractor shall not exceed passenger vehicle occupancy safety ratings.

G. Whenever herbicides are used, Contractor shall apply when air currents are still to DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1394 130
prevent herbicide drift onto adjacent property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. Damage to adjacent formal plant material deemed to be damaged by herbicide use will be replaced by the Contractor, at the Contractors’ expense.

H. City Staff reserves the right to enforce proper chemical applications in the use of pesticides, herbicides, pre- and post-emergents. Procedures known to be in violation will be reported and chemical application will be suspended or terminated. Activity determined to be detrimental may be reported to the County Agricultural Commissioner for investigation.

I. Contractor shall focus on spill prevention, spill control, and spill cleanup at all times while performing City maintenance activities. Contractor shall practice safe storage practices of all chemicals and landscape products at all times while performing maintenance activities. Contractor shall readily clean up any spills associated with their maintenance activities including: blowing excess fertilizer into a landscaped area only; preventing fuel spillage during refueling activities; seal leaking containers (glue & primer), etc.

J. Pursuant to certification standards established by the Division of Apprenticeship Standards and the California Code of Regulations, Title 8, Section 290 through 296.4 state individuals working on electrical devices greater than 100 volts must have a State of California Electrical Certification. Landscape Contractor shall contact City to address Electrical issues greater than 100 volts.

9. Invoicing, Scheduling, Monthly Reporting, and Meetings A. Invoicing:
a. The Contractor shall submit invoices at a regular frequency, as identified in the Services Agreement.
b. Invoices shall be submitted along with verification of the actual compensation earned. Copies of all invoices for materials and supplies included on a payment request are required.

B. Scheduling
a. Contractor shall submit a monthly schedule of maintenance activities, prior to the first day of each month. The monthly schedule shall reflect all locations of work to receive maintenance once per month.

C. Maintenance Reports
a. When submitting an invoice, Contractor shall also submit a monthly recap of all maintenance performed in each zone for the prior month. The monthly recap shall include, but shall not be limited to:
i. Routine maintenance summaries
ii. Observations of any deficient items in any maintained area and corrective actions scheduled or taken
iii. A summary of the condition of irrigation equipment in each maintained area
iv.
v. Number and type of plant replacements per area
vi. A summary of any extraordinary items or extra work performed.

D. Meetings
a. The assigned landscape maintenance supervisor shall be available to meet with the City's designated representative in the field and/or virtually via video meetings on a monthly basis.
b. No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1395 131

10.Extra Work and Warranty Period
A. Extra Work means services or materials, or equipment furnished by the Contractor which is over and above his contract provisions and which are reimbursed by the City.

B. Any products or services not otherwise specified in this specification shall be negotiated between the Landscape Maintenance Contractor and the City at a price agreed upon by both parties.

C. All extra work must have written approval based on a contractor prepared estimate prior to the work being performed. Estimates for extra work shall only include costs for material and labor.

D. Invoicing for the actual cost will be presented with the prepared estimate and shall include all supporting receipts, delivery tickets and agreed to mark-up for materials and subcontractors.

E. A one-year unconditional warranty shall be in effect for any extra work completed by the Contractor. The warranty shall cover all materials and workmanship.

11.Quality Assurance
A. All performance (which includes services, workmanship, materials, supplies, and equipment furnished or utilized in the performance of this Scope of Service) shall be subject to inspection and test by the City or other regulatory agencies. The Contractor shall provide adequate cooperation to any inspector or other City representative to permit him/her to determine the Contractor’s conformity with the terms of this Scope of Service.

B. If any services performed or products provided by Contractor are not in conformance with this Scope of Service, the City shall have the right to require the Contractor to perform the services or provide the products in conformance with the terms of this Scope of Service at no additional cost to the City. When the services to be performed or the products to be provided are of such nature that the difference cannot be corrected, the City shall have the right to:

1. Require the Contractor immediately to take all necessary steps to ensure future performance in conformity with the terms of this Scope of Service; and/or

2. Reduce the price (including monthly maintenance cost) to reflect the reduced value of the services performed or products provided. The City may also terminate the Contract as a result of default and charge to Contractor any costs incurred by the City because of the Contractor’s failure to perform.

C. Contractor shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Scope of Service; and shall permit a City representative or other regulatory official to monitor, assess or evaluate Contractor’s performance under this Scope of Service at any time with/without reasonable notice to Contractor.

D. The Contractor shall use an adequate number of skilled workers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of all work contained in these specifications.

1. Contractor shall provide the City with the main contact and superintendent responsible for daily activities. Any changes in lead personnel shall be made in writing and approved by the City.

2. Contractor shall maintain and provide to the city a list of crew personnel with their craft or work skill.

E. City may request Contractor’s personnel be removed from the site without explanation or reason. Such personnel shall be allowed to work the rest of the day but must be replaced by the next day or next service day, whichever is sooner.

1. Contractor shall provide the City with the main contact and superintendent DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1396 132
responsible for daily activities. Any changes in lead personnel shall be made in writing and approved by the City.

2. Contractor shall maintain and provide to the city a list of crew personnel with their craft or work skill.

12.Performance Evaluation
A. The performance of the maintenance work will be reviewed and monitored by the City on an ongoing basis.

B. The City may review individual landscaped areas at any given time with or without the presence of the Landscape Maintenance Contractor.

C. During these reviews, the City may utilize a Landscape Maintenance Evaluation Report to document the findings using checklists, notes and photos.

1. Contractor shall work diligently to perform/repair/replace items noted on Report.

Contractor or contractor’s representative shall sign the Report as acknowledged and with a completion date to address all issues on Report.

2. Items noted on the Report that Contractor deems as extras shall be addressed and accepted by the City prior to completing noted item.

3. Report shall be considered correspondence between the City and Contractor.

D. If, during the effective period of this agreement, the Contractor violates any of the provisions of this contract or fails to properly provide the service required by this Contract, the City will, on ninety (90) days written notice to the Contractor, initiate termination procedures of this agreement.

13.End of Contract - Plant Replacement
A. Thirty (30) days prior to the termination of the maintenance contract, an inspection of any foliage will be conducted by the Contractor and the City. Any foliage deemed by the City to be in poor condition due to contractor’s negligence or mishandling will be replaced at the Contractor’s expense.

SECTION 2 – LANDSCAPE MAINTENANCE SPECIFICATIONS

1. Parkway/ Median Maintenance
A. Contractor is responsible for ensuring that all parkway/ median maintenance is performed in a safe manner and that no hazard is created by such operation.

B. Irrigation shall be adjusted and inspected as often as needed to insure no unsafe condition is created by irrigation run-off onto road surface.

C. The Contractor shall trim and edge around all fixed objects including fire hydrants, telephone poles, irrigation boxes, utilities fixtures, and other noticeable items.

1. Plant material shall not be allowed to obstruct any site line of vehicular traffic and shall be for proper maintenance.

2. Any fines imposed from utility providers as a result of shrub or plant material overgrowth will be passed on to the contractor.

D. The Contractor shall trim any dead material from all shrubs, bushes, and groundcover to maintain a pleasing appearance at all times.

E. The Contractor shall control all pests and diseases, including rodents and snails at no additional cost to the City. Time and materials shall be all-inclusive in the monthly cost.

This includes any existing pests and diseases.

1. Beehives may be removed at an additional expense after written notification.

F. The Contractor shall maintain all parkways in a weed-free condition.

1. All areas shall be checked on a weekly basis and any visible weeds shall be removed and / or sprayed with herbicide.

2. Adjacent plant material shall not be harmed with herbicides.

3. Weeds between the pavement and gutter, gutter and sidewalk, and between DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1397 133
sidewalk sections shall be removed.

G. The Contractor shall maintain all parkways in a trash-free condition.

1. All areas shall be checked on a weekly basis.

2. any visible trash shall be removed.

H. Gutters, curbs, and sidewalks shall be cleaned off weekly.

1. All debris removed from the site.

2. Areas shall be free of leaves, dirt, trash, and other non- beneficial items.

I. Drainage facilities integrated within the landscaped area shall be kept clear and all trash and debris shall be removed weekly.

J. Illegal signs (such as for sale signs, for rent signs, yard sale signs, or advertisements) shall be removed weekly and disposed of in the trash.

2. Tree Care
A. All work shall be in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

B. Contractor shall be responsible for applying all insecticides/fungicides to prevent or control diseases. Time and materials shall be all-inclusive in the monthly cost. This includes existing pests and diseases.

1. Beehives may be removed at an additional expense after written notification.

C. Contractor shall irrigate as required to maintain adequate growth rate and appearance.

D. Trees shall be fertilized as often as needed to maintain plants and trees in a healthy, vigorous growing condition with proper color, and shape. Minimum requirements are to be bi-annual treatments.

E. Contractor shall re-stake and support trees when necessary.

1. Stake and ties to be placed so no girdling of bark occurs.

2. Contractor shall check all guys and ties frequently to prevent girding.

F. Tree Stake Removal: It shall be the responsibility of the contractor to remove all tree stakes under direction of the landscape inspector.

1. The contractor may also remove tree stakes if it noticed that they are no longer serving their purpose as support to the tree, or if it is noticed that the tree stakes are impeding the growth or health of the tree.

2. Contractor shall remove all stakes and guys at no longer than 24 months after planting, unless special circumstances are brought to the city’s attention G. Contractor shall remove damaged branches.

H. Contractor shall remove branches blocking street signs as needed.

1. Contractor shall notify City staff if a tree is causing a known line of sight issue or blocking sign.

I. Tree trimming shall be restricted to line of sight, low hanging branches, or other necessity (crown cleaning, thinning, raising).

1. Tree trimming above 12 feet will not be the responsibility of the Landscape Maintenance Contractor.

2. Trees shall be trimmed at appropriate time of year based on species of tree.

3. Lower branches shall be retained in a "tipped back" or pinched condition.

J. Special emphasis shall be placed upon public safety during pruning operations, particularly when adjacent to roadways.

K. All structural weaknesses such as split crotch or limbs, or severe damage shall be reported to the City Representative.

L. All dead trees or fallen tree by natural or unnatural causes, shall be removed and disposed of off-site by Contractor.

1. Trees which have died due to negligence of the contractor will be replaced at the contractor’s expense.

2. All other dead or unhealthy trees will be replaced upon written approval of the City. The City will reimburse contractor for labor and materials at the DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1398 134
agreed upon time and materials rate..

3. Groundcover, Shrub and Vine Maintenance
A. All tree, shrub, and other woody plant work shall be completed in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

B. Prevent soil compaction by regularly cultivating all ground cover and shrub areas.

C. All shrubs, vines and ground covers shall be fertilized four (4) times yearly.

D. Groundcover:

1. Trim ground cover adjacent to walks, mow curbs, walls and/or fences as required for general containment to present a neat, clean appearance

2. A minimum 12” radius around all trees and all hardscape edges

3. Cultivate and/or spray approved herbicide to remove broad-leafed and grass weeds as required. Remove weeds by chemical or mechanical means as approved by City Representative.

E. Shrubs:

1. The Contractor shall trim and keep all shrubs and bushes at reasonable height, species specific.

2. Shrub trunks are to always maintain a pleasing appearance.

3. Prune shrubs to retain as much of the natural informal appearances as possible, consistent with intended use.

4. Avoid “balling” shrubs or unnecessarily “squaring off” plant material.

5. Shrubs shall be pruned as required for safety, removal of broken and diseased branches, general containment and appearance and to allow for optimal irrigation coverage.

6. Keep shrubs pruned back from all controller units, valve boxes, quick couplers, or other appurtenances or fixtures.

7. Shrubs shall be pruned and trimmed at a minimum of every 2 months as needed or as requested by the City.

F. Vine:

1. Vines shall be trimmed as required for safety, disease, general containment, appearance or as directed by City.

2. Vines shall be regularly checked to promote directional growth.

3. Do not use nails to secure vines on masonry walls.

4. Turf Maintenance
A. Mowing:

1. The Contractor shall mow all turf areas on a minimum of a weekly basis (Mar-Oct) and during cool season shall be done biweekly (Nov.-Feb.),

2. Contractor is to pay particular attention to adjacent hardscape, utility devices, trees, and shrubs to achieve an overall even appearance.

3. All clippings shall either be caught, vacuumed, or efficiently mulched to leave no visible trace in turf areas.

4. Do not mow areas that are wet. Alternate mowing patterns shall be used whenever possible to prevent wheel ruts in turf areas. If ruts are made, contractor will make repairs at his or her own expense.

B. Trimming Edging:

1. Trim around walls, buildings, curbs, sidewalks, header boards, mow curbs, valve boxes, quick couplers, and paved areas on a weekly basis to present a neat, clean appearance.

C. Aeration:

1. Mechanically aerate all turf areas to reduce compaction/stress conditions. This will DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1399 135
offer greater water penetration and reduce runoff.

2. Use a plug aerator with ½ inch tines. Any areas that show excessive compaction shall receive additional treatment as required to alleviate this condition. Remove sod plugs.

3. The Contractor shall aerate no less than four (4) times per year.

4. Any damages resulting from aeration activities shall be repaired at the Contractors expense.

D. Watering:

1. The Contractor shall maintain the irrigation system for the Turf areas to maintain health, appearance, public safety.

2. A regular, deep watering program shall be accomplished to give the best results.

The established turf should not be kept moist but should dry out somewhat between watering.

3. Contractor is to pay particular attention to but not limited to proper head spacing, clearing clogged nozzles, replacing damaged equipment and adjusting heads to supply the right amount of water while avoiding overspray and runoff.

E. Weed Control:

1. Contractor shall maintain a weed free turf by either chemical and/or mechanical means.

2. The Contractor shall be especially careful if applying chemicals to control weeds ensuring not to damage existing turf. All chemicals applied will be recorded and coordinated with City
a) PRE-EMERGENT: Pre-emergent herbicide shall be applied to control weeds in all turf areas between Mid-March and March 30th. b) POST-EMERGENT: Post-emergent herbicide shall be applied to control weeds in the Fall and shall be completed prior to October 30th.

F. Turf shall be fertilized a minimum four (4) times annually. City staff to verify product type and quantities prior to application.

G. The Contractor shall over-seed any dead or bare areas to promote an overall pleasant appearance with the same seed type as the existing turf. Coordinate with City Representative

1. Inspect the sports field and play area for the condition of turf grass cover. Uniform thinning over the entire area can be corrected with additional seeding.

5. Plant Additions and/ or Replacements
A. The Contractor shall be responsible for the complete removal and replacement of shrubbery lost due to the contractor's faulty maintenance or negligence, as determined by City Representative.

B. The Contractor may be requested to replace damaged or destroyed trees, shrubs, vines, ground cover, or flowers. Dead or unhealthy plants lost due to natural or unnatural causes will be replaced upon written approval of the City.

1. In this case the contractor shall provide labor and the approved plant.

2. Such work will be paid for as extra work by the City at the agreed upon time and materials rate.

6. Irrigation
A. The Contractor shall be responsible to monthly test, inspect, and maintain the irrigation in all maintained areas, and provide a report to the City on the condition of irrigation in all maintained areas. The Contractor shall bear sole responsibility and cost for both labor and materials for cleaning, repairing, adjusting and replacement of sprinkler system components. Replacement of irrigation components, if necessary, shall be compensated at a time and material basis provided that the contractor has submitted monthly reports of DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1400 136
irrigation maintenance. If the contractor is unable to demonstrate proper routine maintenance of the irrigation system through monthly reports, the cost to replace damaged irrigation components shall be the responsibility of the contractor.

B. Contractor is responsible for all irrigation repairs starting at the water meter.

C. Irrigation controllers will be kept locked at all times. City Representative will have master keys to all controllers. The City shall provide locks and keys for irrigation enclosures.

However, it is the contractor’s responsibility to replace locks as needed with a City approved lock.

D. Irrigation controllers shall be replaced when determined to be inoperable and no longer functional. If approved, City shall be responsible for cost of replacement, and Contractor shall bear sole responsibility for labor and related materials necessary for installation.

1. If an automatic irrigation system or a portion of a system should malfunction, the Contractor shall provide manual operation of that system for a period of time until the system is restored to normal operation.

E. The Contractor shall set run times for the irrigation system for the promotion of good health, vigor, and color throughout the year.

1. Watering will be done preferably at night or early morning.

F. Contractor shall set irrigation controllers to the “OFF” position prior to actual inclement weather conditions. The Contractor will be responsible to return the controllers to the “ON” position when conditions are appropriate.

G. Contractor shall make a dedicated effort to support water efficient landscape. Plant stress/ decline presumed to be from lack of irrigation will be grounds for termination of the contract.

1. Close attention shall be paid to the water demands of plants as influenced by their exposure to sun, wind, shade and geographic location.

H. Contractor shall be responsible for adjusting height of sprinklers and risers as necessary to compensate for growth of plant material and maintain height of sprinkler heads at grade.

1. Excessive watering shall be avoided to mitigate water run-off onto roads, sidewalks, and recreation use areas.

2. Contractor shall prevent water from over-spraying onto walls, walkways, streets and private property.

I. All drip line emitters, sub-surface drip line, standard drip line, polypropylene flex line, etc., shall be properly maintained and secured or staked at or below grade to ensure system integrity, reduce trip hazards, and prevent an unsightly appearance.

1. Contractor shall inspect, repair and maintain all drip irrigation systems as a regular service to the contract.

J. Contractor shall be responsible to implement irrigation scheduled necessary to establish new trees, shrubs, ground cover and turf.

K. Repair or replacement of equipment damaged as a result of the Contractor’s negligence shall be repaired/replaced at the Contractor’s expense.

L. The City shall bear the cost of all irrigation system repairs that are the result of vandalism or theft. Contractor shall submit to the City a written vandalism or theft report, in a format approved by the City, for any claims of irrigation system damage due to vandalism or theft.

Contractor shall not make repairs without prior written approval.

M. No repairs over $250.00 shall be performed without written prior approval from the City.

Unapproved repairs will be the responsibility of the Contractor.

N. Irrigation labor shall be restricted to work done on the premises only. Providing parts and delivery are the responsibility of the Contractor.

O. Contractor shall verify, inspect, clean and repair, as required, all irrigation heads for full coverage and efficiency adjustments. This shall include operating the controller for a 1-2 minute test cycle. Inspections and repairs shall be made by an irrigation professional well versed with basic and advanced irrigation principles. Irrigation truck shall be equipped with DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1401 137
irrigation tools and supplies to fix the most common sprinklers, valves, and other irrigation components with a standalone truck. It is not advised to have the maintenance crew perform advanced repairs and/or replacement. The same components are only allowed.

P. Irrigation Repair:

1. The Contractor shall take all reasonable measures to obtain the lowest cost for such irrigation parts and/or materials.

2. All replacement materials are to be identical type, manufacturer and model number unless a substitute is approved in writing by the City Representative.

3. Contractor shall maintain an adequate inventory of medium to high usage stock items for repair of the irrigation system.

4. All mainline repairs shall be inspected by the City Representative prior to backfilling to ensure the quality of backfill and compaction.

5. Non-emergency irrigation repairs shall be completed by the Contractor by the end of the following business day that the problem was reported using City approved materials, supplied by the Contractor.

6. Emergency irrigation repairs, as determined by the City Representative, shall be immediately repaired.

7. Irrigation inspections by the City Representative may occur within one working day of notification of services or repair completion. The City Representative will inspect and verify performance and service of the repair.

7. Hardscapes
A. All hardscapes as area including, but not limited to, sidewalks, parking lots, steps, walkways, ramps, curb and gutters, medians and median noses, expansion joints, and walls adjacent to City maintained landscape areas shall be kept clear of dirt, mud, trash, weeds, leaf litter and any other substances which are either unsightly or unsafe.

B. The Contractor shall be responsible for sweeping or blowing of concrete surfaces, parking lots and walkways adjacent to all areas.

8. Playground Bark
A. Contractor shall remove weeds, leaves, branches, trash and debris from the playground bark area. All areas shall be checked on a weekly basis.

9. Street Right of Way
A. Tree trimming within public right of way to provide overall shape and/or provide horizontal and vertical clearances for pedestrians, vehicles and sign clearance and the removal of dead material. Trimming shall be as required or a full balanced trim.

B. Remove fallen trees as needed to clear public right of way and property.

C. Once per year or as directed by City, control vegetation in and around drainage ditches or other drainage facilities using hand and/or chemical weed control methods.

Landscape Contractor is responsible for proper disposal of vegetation as directed by the City.

D. Once per year or as directed by City, cut weeds and vegetation in drainage ditches or other drainage facilities using tractors with discs and mowers. Landscape Contractor is responsible for proper disposal of vegetation as directed by the City.

10.Fertilization, Post-Emergent, and Pre-Emergent
A. Contractor shall supply soils report(s) at cost to the City, at the City’s request.

B. Fertilization:

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1402 138

1. Fertilization of plant material shall be in compliance with Approved American National Standard (ANSI) A300 Standards (all pertinent parts/sections).

2. Contractor shall fertilize turf, trees, shrubs, ground cover and other various plant materials at all City locations in this contract a minimum of four (4) times annually.

3. Plant material shall be fertilized according to their individual needs to maintain good health, vigor and color throughout the year

4. Fertilizers shall be dry, pelletized formulation. Applications shall be in accordance with manufacturer specifications, be suitable for the plants being fertilized and upon approval by City Representative.

5. A slow release fertilizer shall be used.

6. Fertilizers shall have a ratio of 3:1:1 or 3:1:2 and shall have a salt index level less than 50. Unless specified or approved by the city.

7. The Contractor shall notify the City in writing 5 working days prior to any fertilizer application. This notification shall include the following:
a) Location and exact date the fertilizer application will be performed. b) Type of fertilizer, quantity and method of application to be used. c) Identify landscape type, i.e., turf, trees, shrubs, ground cover, etc.

8. When climatic factors cause problems with the general use of fertilizers, an adjustment of the fertilizers schedule may be necessary. After fertilizer application, monitor watering schedule to eliminate runoff or leaching of fertilizer materials.

9. Manufacturer, type, amount and date of application shall appear on the invoice (as a No Charge) for the period at which it was applied.

C. Post and Pre-Emergent:

1. Any pesticide applications are to be made by or under the supervision of a person holding a valid Qualified Applicators Certificate (QAC) Category B & C.

2. Said person or company is to be currently registered to conduct a pest control business in the State of California and the County of Riverside.

3. Contractor shall apply a pre-emergent systemic herbicide throughout the project as needed or by the request of the City at no additional charge a maximum of twice a year.

4. Contractor shall apply a post-emergent systemic herbicide throughout the project as needed or by the request of the City at no additional charge.

5. A five-working day notice in writing shall be given to the City prior to any pesticide application. Notice shall include; name of chemical, active ingredient, area, rate and method of application, and time of day.

6. Contractor shall be responsible for the filing of all required records and reports, including but not limited to Notice of Intent to Apply, and Pesticide Use Reports, as specified by all county, state and federal agencies. Said reports shall contain accurate and valid information.

Copies of all records and reports shall be submitted to the City monthly, with the exception of the Notice of Intent to apply, which shall be submitted prior to application of pesticide.

7. Posting shall be placed on location to notify public prior to application.

8. Herbicides shall be applied to control weeds in all turf areas between Mid-March and March 30th and in the Fall prior to October 30th.

9. Whenever herbicides are used, Contractor’s application shall not drift onto adjacent property, and to prevent any toxic exposure to persons whether or not they are in or on the grounds. Herbicide shall not be applied in windy DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1403 139
conditions.

10.Contractor shall be responsible for any legal issues arising from the use of chemicals and their application. Contractor shall report any chemical based violations to the County Ag Commissioner and the City.

11.The cost for chemicals and their application is the responsibility of the Contractor.

12.Contractor shall water in chemicals as needed.

13.Drip applications may need to be watered in with a hose to clean off foliage and water in fertilizer.

14.Chemical and fertilizer applications should try to coincide with rain events.

D. Contractor shall provide to City a report and evidence that chemicals and fertilizers have been applied.

11.Clean Up
G. Leaves, paper, weeds, clippings and other debris shall be removed from landscaped areas and disposed of legally offsite by the Contractor. Contractor is not permitted to leave any clippings, trimmings, bags, or associated piles overnight.

H. Contractor shall clean roadways and other areas dirtied by his maintenance operations. Contractor shall not blow any materials into the roadways at any time.

I. All walkways/sidewalks will be kept clean/clear of debris and plant growth.

J. Proper cleaning of sidewalks, curbs, gutters, streets, and hardscape include raking, blowing, sweeping, and vacuuming.

K. Contractor shall not wash down hardscape, sidewalks, curbs, and gutters with water in any instance the runoff would enter a storm drain or any other waterway. Contractors shall not wash down any equipment with water on any project where runoff would enter a storm drain or any other waterway.

L. Hauling and Dumping - Contractors are instructed to exclude dump fees and the cost of hauling landscape refuse (green waste) outside the City. No green waste shall be disposed in city facility trash containers.

12. Cemetery Maintenance
A. In additional to all other requirements stated herein, cemetery maintenance shall include the removal and disposal of all grass clippings that are the result of mowing activities.

DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1404 140
4893-7512-0232 v1

ATTACHMENT B

REVISED COMPENSATION SCHEDULE
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1405 141
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
Compensation Schedule CPI 3%
City Parks & Facilities Current Amount 3% CPI New Amount 1 Malaga Park $ 400.00 $ 12.00 $ 412.00
2 Marna O'Brien Park $ 3,360.00 $ 100.80 $ 3,460.80
3 Windsong Park $ 1,050.00 $ 31.50 $ 1,081.50
4 Heritage Park $ 1,170.00 $ 35.10 $ 1,205.10
5 Cemetery $ 3,600.00 $ 108.00 $ 3,708.00
Total Amount: $ 9,867.40
LMD District No 89-1-C Current Amount 3% CPI New Amount 1 Zone 3 Location 7 $ 77.00 $ 2.31 $ 79.31
2 Zone 29 Location 2 $ 44.00 $ 1.32 $ 45.32
3 Zone 3 Location 45 $ 36.05 $ 1.08 $ 37.13
4 Zone3 Location 23 $ 206.00 $ 6.18 $ 212.18
5 Zone 3 Location 24 $ 876.00 $ 26.28 $ 902.28
6 Zone 3 Location 25 $ 1,428.00 $ 42.84 $ 1,470.84
7 Zone 3 Location29 $ 516.00 $ 15.48 $ 531.48
8 Zone 3 Location 35 $ 99.00 $ 2.97 $ 101.97
9 Zone 3 Location 42 $ 36.05 $ 1.08 $ 37.13
10 Zone3 Location 43 $ 516.00 $ 15.48 $ 531.48
11 Zone 3 Location 47 $ 175.00 $ 5.25 $ 180.25
12 Zone 3 Lcation 49 $ 83.00 $ 2.49 $ 85.49
13 Zone 3 Location 53 $ 25.75 $ 0.77 $ 26.52
14 Zone 30 Location 1 $ 317.00 $ 9.51 $ 326.51
15 Zone 30 Location 2 $ 70.00 $ 2.10 $ 72.10
16 Zone 42 Location 1 $ 226.60 $ 6.80 $ 233.40
17 Zone 51 Location 1 $ 186.00 $ 5.58 $ 191.58
18 Zone 52 Location 1 $ 142.00 $ 4.26 $ 146.26
19 Zone 62 Location 1 $ 56.65 $ 1.70 $ 58.35
20 Zone 67 Location 1 $ 20.60 $ 0.62 $ 21.22
21 Zone 71 Location 1 $ 82.00 $ 2.46 $ 84.46
Total Amount: $ 5,375.26
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1406 142
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
CFD 2013-1 Various Location Current Amount 3% CPI New Amount 1 CFD 2013-1 Zone 5 $ 808.75 $ 24.26 $ 833.01
2 CFD 2013-1 Zone 2 $ 2,887.35 $ 86.62 $ 2,973.97
3 CFD 2013- 1 Zone3 $ 869.03 $ 26.07 $ 895.10
4 CFD 2013-1 Medians @ Clinton
Keith Rd. $ 89.00 $ 2.67 $ 91.67
Total Amount: $ 4,793.75
CSA 103 Current Amount 3% CPI New Amount
1 CSA 103 Wildomar Trail Land
and Cervera $ 512.61 $ 15.38 $ 527.99
Total Amount: $ 527.99
Monthly Grand Total $ 20,564.40
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1407 143
Inland Empire Landscape, Inc. 202 E Airport Drive Ste100 San Bernardino, 92408 [email protected] (909) 473-9066 (909) 473-9040
Cost Proposal -Extra Work
Description Labor and Material Cost
1 Per Square foot cost for additional Landscape areas $ 0.02 2 Plant 24" Box Tree and Stake Double $ 272.95
3 Plant 15 Gallon Tree and Stake Double $ 97.85
4 Plant 5 Gallon Shrubs $ 19.57
5 Plant 1 Gallon Shrubs $ 8.75
6 Plant 1 Flat of Ground Cover $ 25.75
7 Repalce 1 fence "Rail" Only $ 82.40
8 Replace 1 fence " Post" Only $ 188.00
9 Street Tree Trimming in right of way up to 15' per each $ 46.35 10 Fallen Tree Removal from right of way per each $ 283.25 11 Vegetation control by hand or chemical in street right $

46.35 per hour
of way including drainage ditches per linear foot
12 Vegetation mowing in street right of way including drainage $

0.02 ditches per linear foot
Description Labor Cost per Hour or %
1 Hourly cost for additional Labor $

27.81 2 Hourly cost for Irrigation Specialist $

38.11 3 Hourly cost for additional Supervisor $

46.35 4 Percent Mark Up for Materials 15%
5 Percent Mark Up for Subcontractors 10%
DocuSign Envelope ID: E0490731-5430-4169-A25B-6E6D8D91B2A5 1408 144

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: June 14, 2023
SUBJECT: FY 2023-24 List of Projects for the SB1: Road Repair and Accountability Act of 2017
SUBMITTED BY: Cameron Luna
PREPARED BY: Jason Farag
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
SUMMARY:

This Resolution identifies the proposed projects for FY 2023-24 that may use SB 1 (RMRA) funds. Adoption of the Resolution, and subsequent submittal of the Resolution to the California Transportation Commission (CTC) is required for the City to be eligible to receive its allocation of SB 1 funds for Road Rehabilitation and Maintenance.

BACKGROUND:

The City of Wildomar must adopt a list of projects each fiscal year that will be partially or totally funded by SB1: The Road Repair and Accountability Act of 2017. The City must submit the list of projects to the California Transportation Commission (CTC) prior to July 1, 2023, to be eligible to receive funds for Fiscal Year 2023-24.

DISCUSSION:

The City expects to receive revenues estimated at $889,783 from the Road Maintenance and Rehabilitation Account (RMRA) for Fiscal Year 2023-24. The use of RMRA gas tax funds includes but is not limited to: Road Maintenance and Rehabilitation; Safety Projects; Traffic Control Devices; and, satisfies match requirements to obtain State and Federal funds (e.g.

Grants).

One metric staff utilizes to prioritize road maintenance is the Pavement Condition Index (PCI). 145
The City completed an update to the existing Pavement Management Program (PMP) in 2021 which provides a PCI for each City Street. Staff utilized the information from the PMP report as well as maintenance records and citizen/Council input to recommend the proposed streets for the FY 2023-24 pavement rehabilitation program. A presentation was provided at the May 10, 2023 City Council meeting to receive public and Council input on the list of streets to be selected. The streets recommended for SB1 (RMRA) funding for FY 2023-24 are included in the attached Resolution. The Resolution is required to be submitted to the California Transportation Commission (CTC) by July 1, 2023, for the City to be eligible for the funding. It should be noted that the list can be revised later, in the event final costs do not allow all the streets to be completed or to allow new streets to be added.

Staff continues to investigate various rehabilitation strategies that may be appropriate for Wildomar streets as well as strategies that utilize reclaimed asphalt as a rehabilitation material to reduce impacts on the environment. Some of these strategies can provide an additional 15- 20 years of life for a significantly lower cost than traditional strategies. Each year staff selects the most appropriate strategy for each street considering pavement condition, traffic impacts, and other existing conditions.

FISCAL IMPACT:

Total anticipated revenue from RMRA for FY 2023-24 is $889,783. As part of the FY 2023-24 budget update, Staff is proposing a street rehabilitation/slurry seal program funded by RMRA, Measure AA, and Measure A funds. Construction of the proposed streets is proposed to be funded by Measure AA and RMRA funds, with Measure A funds primarily utilized for administration, design and construction inspection. There is no impact to the General Fund.

ATTACHMENTS:

FY 23_24 SB1 Resolution
146

RESOLUTION NO. 2023- __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $889,783 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System, 2021 Update, maintenance records and citizen input to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate many streets/roads through a preventative maintenance program and pavement rehabilitation throughout the City this year and various similar projects into the future; and WHEREAS, the 2021 Pavement Management Program Update found that the City streets and roads are in an “at-risk” condition and this revenue will help the City keep our streets and roads from entering the “poor” condition with the goal of increasing the overall quality of our road system to a “good” condition; and

147
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive benefits to the City and community.

NOW, THEREFORE BE IT RESOLVED, ORDERED AND FOUND by the City Council of the City of Wildomar, California, as follows:

Section 1. The foregoing recitals are true and correct.

Section 2. The following list of newly proposed projects will be funded in-part or solely with fiscal year 2023-24 Road Maintenance and Rehabilitation Account revenues:

PROJECT LOCATION DESCRIPTION USEFUL
LIFE

ESTIMATED

SCHEDULE
CIP 057-3 Wesley St. – Grand
Ave. to Palomar St.

Pulverize existing
pavement,
regrade,
recompact. Place
3” ARHM overlay.
25 years Start:

February
2024
Completion:

Lemon Street – Grape June 2024
St. to Mission Trail
Cold mill existing
AC 2” deep. Place
ARAM and 2”
ARHM overlay.
20 years
Cherry Street – Walnut
St. to Canyon Drive
Cold mill existing
AC 2” deep. Place
ARAM and 2”
ARHM overlay.
20 years
Waite Street/Orange
Street – Mission Trl to
Bundy Canyon Rd.

Cold mill existing
AC. Place ARAM
and/or Type II RAP
slurry
15 years
Union Street – Sheila
Ln to Gruwell St.

Cold mill existing
AC 2” deep. Place
ARAM and 2”
ARHM overlay.
20 Years
Bundy Canyon Rd. –
Orange St. to I-15 NB
Ramps
Cold mill existing
AC 3” deep, place
3” ARHM overlay.
25 Years
CIP 058-3 Various Residential
Streets located West of
I-15 Freeway, East of
Mission Trl/ Palomar St
and
East of I-15 Freeway,
North and South of
Clinton Keith Road
Crack seal and
place Type II PMERAP slurry.
8 years Start:

February
2024
Completion:

June 2024
148
PASSED APPROVED AND ADOPTED this 14th day of June 2023. ____________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
_____________________ __________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
149

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: June 14, 2023
SUBJECT: Tract No. 31896 DR Horton Avalino - Rough Grading Agreement, Stormwater Management/BMP Facilities
Agreement (Privately Maintained) and Stormwater
Management/BMP Facilities Agreement (CFD Maintained)
SUBMITTED BY: Daniel A York
PREPARED BY: Emily Stadnik
ACTION:

Authorize the City Manager to execute the Rough Grading Agreement and Stormwater Management/BMP Agreements with D.R. Horton Los Angeles Holding Company, Inc. (Developer).

BACKGROUND:

Tentative Tract Map No. 31896 was originally approved by Riverside County Board of Supervisors on January 9, 2007. The tentative tract map was to subdivide 46.73 acres into 131 lots for single family development (7,200 sq. ft. minimum) and a 6.67-acre open space lot.

On December 2, 2015 the Planning Commission approved a minor change under the requirements of Title 16, Section 16.12.220 of the Wildomar Municipal Code (Subdivision Ordinance). On March 18, 2020 the Planning Commission approved a second minor change which included a reduction of total number of approved lots to 117 residential lots, the addition of three City owned/ maintained lots for water quality treatment and detention, and construction of frontage improvements on Palomar Street and Washington Avenue. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B.

The rough grading plan and improvement plans for Tract No. 31896 DR Horton Avalino are currently being processed with the City.

DISCUSSION:

Rough Grading Agreement
In order to complete the rough grading activities, the Developer is required to enter into a 150
Rough Grading Agreement (Attachment C) which identifies the Developer’s obligations to the City in performing and completing the rough grading construction. The agreement also provides the City with a bond to secure the rough grading activities for the project. If the Developer fails to fulfill their obligations, the bond provides a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition.

The bond amount is based on the Developer’s engineer’s grading bond estimate shown as part of Attachment C.

Stomwater Management/BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, Attachment D) with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the SWPPP BMPs that are constructed with this development continue to be maintained in the future.

Staff is requesting that the City Council authorize the City Manager to execute the Rough Grading Agreement and Stormwater Management/BMP Agreements with D.R. Horton Los Angeles Holding Company, Inc.

FISCAL IMPACT:

There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred.

ATTACHMENTS:

Attachment A - Aerial Map.pdf
Attachment B - Site Plan TR31896.pdf
Attachment C - RG Agreement.pdf
Attachment D - BMP Agreements.pdf
151
152
153
154

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement 155
RIV #4849-0958-0384 v2

AGREEMENT

FOR GRADING PROJECTS
This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and D.R. Horton Los Angeles Holding Company, Inc., hereinafter called Landowner.

WITNESSETH
FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as Tract No. 31896 (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter-Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Three Million Three Hundred Sixty Five Thousand One Hundred Dollars ($3,365,100.00 ), which covers rough grading only.

SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered.

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties.

FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.
156
RIV #4849-0958-0384 v2
FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions.

SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work.

SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law.

EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient.

Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon.

TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner.

ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally.

TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.
157
RIV #4849-0958-0384 v2
THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement.

FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City Landowner
City of Wildomar D.R. Horton Los Angeles Holding Company, Inc.

Public Works/Engineering Department Dean Pernicone
23873 Clinton Keith Rd., Suite 201 2280 Wardlow Circle, Suite 100 Wildomar, CA 92595 Corona, CA 92878
(951) 677-7751 Phone Number: (951) 739-5469
(951) 698-1463
FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement.
[SIGNATURES ON THE FOLLOWING PAGE]
158
RIV #4849-0958-0384 v2
IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL.

D.R. Horton Los Angeles Holding Company, Inc.

By __________________________________
__________________________________
Date ________________________________
By __________________________________
__________________________________
Date ________________________________
City of Wildomar
By __________________________________
_________________________________
Date _________________________________
Approved as to Form:

Thomas D. Jex, City Attorney
By: ____________________________
(SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)
159
RIV #4835-2284-7769 v1

FAITHFUL PERFORMANCE BOND

CITY OF WILDOMAR, RIVERSIDE COUNTY, STATE OF CALIFORNIA (On-Site Grading)
FOR:

On-site Grading
$ 3,365,100.00____________________________ Tract No.
__31896_________________________________
Premium
$________________________________________
Parcel Map No.
_ ______________________________________
Bond No.
________________________________________
Surety
________________________________________
Principal
__D.R. Horton Los Angeles Holding Company, Inc.

Address
________________________________________
Address
__2280 Wardlow Circle, Suite 100_____________
City/State
________________________________________
City/State
___Corona, CA___________________________
Zip
________________________________________
Zip
___92878_______________________________
Phone
________________________________________
Phone
___(951) 739-5469 _______________ ______
WHEREAS, the City of Wildomar, Riverside County, State of California, and ______________________________ (hereinafter designated as ("principal") have entered into, or are about to enter into, the attached agreement(s) whereby principal agrees to complete the above on-site grading relating to (Tract/Parcel Map) ________________________________________, which agreement(s) is/are hereby referred to and made a part hereof; and,
WHEREAS, said principal is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s);
NOW, THEREFORE, we the principal and ________________________________________, as surety, are held and firmly bound unto the City of Wildomar in the penal sum of ________________________________________ Dollars ($ ________________) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Wildomar, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and effect. 160
RIV #4835-2284-7769 v1
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.

Surety further stipulates and agrees that the provisions of Section 2845 of the Civil Code and commencement of construction are not conditions precedent to surety's obligations hereunder and are hereby waived by surety. When the work covered by the agreement is complete as determined by the City of Wildomar, the City will release the obligation of this bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on ________________________________________.

NAME OF PRINCIPAL ________________________________________ ________________________________________

AUTHORIZED
SIGNATURE(S): By:
_____________________________
_____________________________
_____________________________
Title
_____________________________
Title
_____________________________
Title
(If Corporation, Affix Seal)
NAME OF SURETY:
________________________________________

AUTHORIZED
SIGNATURE:
_____________________________
Its Attorney-in-Fact
_____________________________
Title
(If Corporation, Affix Seal)
Attach Notarial Acknowledgment Of Signatures Of Principal And Attorney-In-Fact. 161
162
163
164
165
166

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement 167
RIV #4813-1696-2656 v2

STORMWATER MANAGEMENT/BMP

FACILITIES AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of June, 2023, by and between D.R. Horton Los Angeles Holding Company, Inc., (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").

RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 380- 160-017, and -018, 380-210-003, -004, -005, -008 and -016 as recorded by deed in the land records of Riverside County, California, Deed Book 4, Page 174, and Book 43, Page 99 (the "Property").

WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as Tract No. 31896 Rough Grading Plan, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, provides for stormwater quality treatment within the confines of the property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities (the “Facilities”) on the Property.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.

2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.

3. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report.

4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary.

5. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and 168
RIV #4813-1696-2656 v2
to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City.

6. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.

7. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.

8. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.

9. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association.

10. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement.

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

WITNESS the following signatures and seals:
_______________________________________
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name:__________________________________
169
RIV #4813-1696-2656 v2
Title:____________________________________
_______________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.

CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk

APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
170
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STORMWATER MANAGEMENT/BMP

FACILITIES AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of June, 2023 , by and between D.R. Horton Los Angeles Holding Company, Inc., (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City").

RECITALS
WHEREAS, the Landowner is the owner of certain real property described as APN 380- 160-017, and -018, 380-210-003, -004, -005, -008 and -016 as recorded by deed in the land records of Riverside County, California, Deed Book 4, Page 174, and Book 43, Page 99 (the "Property").

WHEREAS, the Landowner is proceeding to build on and develop the Property; and WHEREAS, the Site Plan/Subdivision Plan known as Tract No. 31896 Rough Grading Plan, as approved or to be approved by the City (the "Plan"), which is incorporated herein by reference, requires Landowner to prepare and implement a City-approved Water Quality Management Plan (the “WQMP”) that provides for stormwater quality treatment within the confines of the Property; and
WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of Wildomar, California, require that the Landowner, its successors and assigns, including but not limited to any homeowners association, construct and maintain stormwater management/Best Management Practices facilities called for by the WQMP on the Property (the “Facilities”); and WHEREAS, Landowner intends to annex the Property into the City’s Community Facilities District No. 2022-1 (Services) (the “CFD”) for the purposes of having the City maintain and inspect one or more of the Facilities.

NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows:

1. The Facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plan.

2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the Facilities, including all pipes and channels built to convey stormwater to the Facilities, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that the Facilities are performing their designed functions.

3. Upon the completion of the annexation of all or a portion of the Property into the CFD and upon the commencement of CFD services for the development, Landowner’s obligation to maintain the Facilities specified in the annexation proceedings and resolutions as being maintained through the CFD (the “CFD Maintained Facilities”) shall cease. If the Property is subsequently deannexed or otherwise removed from the CFD then the Landowner, its successors and assigns, including any homeowners association, shall resume all of the obligations of this 171
RIV #4839-5891-5168 v2
agreement, including but not limited to the duty to maintain and inspect, with respect to the CFD Maintained Facilities.

4. The Landowner, its successors and assigns, shall inspect the Facilities and submit an inspection report annually to the City. The purpose of the inspection is to assure safe and proper functioning of the Facilities. The inspection shall cover the entire Facilities, including but not limited to berms, outlet structures, pond areas, and access roads. Deficiencies in the Facilities shall be noted in the inspection report. This section does not apply to any CFD Maintained Facilities.

5. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence repairs, if necessary. This section does not apply to any CFD Maintained Facilities.

6. In the event the Landowner, its successors and assigns, fails to adequately maintain the Facilities in good working condition acceptable to the City, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. This section does not apply to any CFD Maintained Facilities.

7. The Landowner, its successors and assigns, will perform the work necessary to keep the Facilities in good working order. In the event a maintenance schedule for the Facilities (including sediment removal) is contained in the Plans, Landowner will follow that schedule.

This section does not apply to any CFD Maintained Facilities.

8. In the event the City, pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder.

9. This Agreement imposes no liability of any kind whatsoever on the City and the Landowner agrees to hold the City harmless, defend and indemnify from any liability whatsoever, including negligence, in the event the Facilities fail to operate properly.

10. This Agreement shall be recorded among the land records of Riverside County, California, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association

11. The City’s City Manager may, but is not required to, make minor amendments not 172
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affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement.

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

WITNESS the following signatures and seals:
_______________________________________
Company/Corporation/Partnership Name (Seal)
By:____________________________________
Name:__________________________________
Title:____________________________________
_______________________________________
Company/Corporation/Partnership Name
By:____________________________________
Name:__________________________________
Title:____________________________________
NOTE: SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY

THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES
OR REGULATIONS APPLICABLE TO THE BUSINESS ENTITY.
173
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CITY OF WILDOMAR
______________________________ _________________
Daniel A. York Date
City Manager
ATTEST
______________________________ _________________
Janet Morales Date
City Clerk

APPROVED AS TO FORM
______________________________ _________________
Thomas D. Jex Date
City Attorney
174

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10
Meeting Date: June 14, 2023
SUBJECT: Parcel Map No. 32833 - Subdivision Improvement Agreement with New Owner, McCoy Homes, LLC
SUBMITTED BY: Emily Stadnik
PREPARED BY: Ninette Eva
ACTION:

Authorize the City Manager to execute the Subdivision Improvement Agreement with New Owner, McCoy Homes, LLC for Parcel Map No. 38233.

BACKGROUND:

On February 6, 2007 the Riverside County Board of Supervisors approved Tentative Parcel Map No. 32833 to subdivide the approximately 2.17 acres site into four lots for future single family residential development. Final Parcel Map No. 32833 was approved by the City on March 29, 2018, and recorded on April 11, 2018. The project is located westerly of the intersection at Gruwell Street and Union Street and easterly of Sexton Street. Attachment A shows an aerial image of the location of the project site and the surrounding area.

On April 2, 2018, a Subdivision Improvement Agreement was entered into between the City and Wildomar Housing Partners, LLC for Final Parcel Map No. 32833. Ownership of the property has since been transferred to McCoy Homes, LLC. Staff has prepared a new Subdivision Improvement Agreement between the City and McCoy Homes, LLC. The new Subdivision Improvement Agreement declares the 2018 Subdivision Improvement Agreement between the City and Wildomar Housing Partners, LLC null and void. The new agreement is in Attachment B of this report and 2018 agreement is included as an exhibit to the new agreement.

The original developers processed grading and improvement plans with the City for review and approval. The previous owner completed this process up to the pre-mylar reviews of the plans. The new owner will then continue the final approval process of the plans.

DISCUSSION:
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To secure the incomplete public improvements that are required of the project, a Subdivision Improvement Agreement has been prepared. The Subdivision Improvement Agreement identifies the new owner’s obligations to complete the Project’s improvements and sets forth policies and procedures for the Developer and the City to ensure that the improvements are completed.

The Agreement also provides the City with bonds/securities should the Developer fail to fulfill their obligations. The security amounts are based on the Developer’s engineer’s construction cost estimates for the improvements. Wildomar Housing Partners has agreed for their bonds to remain in place and be used as securities for McCoy Homes. A copy of the letter stating this is included in Attachment C.

Conditions of approval related to Final Map recordation not yet satisfied have been identified in Exhibit D of the Subdivision Improvement Agreement.

FISCAL IMPACT:

There are no fiscal impacts to the City at this time. All costs related to this project are currently covered by developer deposits. When the project is constructed, the City will be responsible for the maintenance of the public improvements after acceptance by the City Council. The project has been annexed into the Community Facilities District (CFD) Services to offset some of the City’s maintenance costs.

ATTACHMENTS:

Attachment A - PM 32833 Aerial Map.pdf
Attachment C - Wildomar Housing Partners Letter.pdf
Attachment_B_SIA PM32833.pdf
176

ATTACHMENT A
Aerial Image of
Parcel Map No. 32833
(highlighted in yellow)
177

ATTACHMENT B
Tract Map No. 31667
McVicar Culvert Cooperative Agreement 178
4340 Von Karman, Suite 110, Newport Beach, California 92660 | (949) 705-0408 | citivestcommercial.com December 1, 2022

SENT VIA EMAIL
Re: Four Lots located at Union and Gruwell
APN’s 368-110-057, 368-110-058, 368-110-059, 368-110-060 To Whom it May Concern:

Wildomar Housing Partners, LLC, who is named on the Bonds related to the aforementioned property, has agreed to allow the bonds to remain in place until the date at which the bonds expire, at which time the required work covered by the bonds is to have been completed or the bonds will be replaced with a new bond obtained by Kreg McCoy.

Sincerely,
Dana Haynes
Manager
Wildomar Housing Partners, LLC
179
180

RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)

CITY OF WILDOMAR
Attn: City Clerk
23873 Clinton Keith Rd., Suite 111
Wildomar, California 92595
THIS SPACE FOR RECORDER’S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 32833
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and

MCCOY HOMES, LLC
a California limited liability company
DATED MAY 10, 2023
JUNE 14, 2023 181
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SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 32833
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 10th day of May, 2023, by and between the City of Wildomar, a municipal corporation (“City”) and McCoy Homes, LLC, a California limited liability company (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Developer’s predecessor, Wildomar Housing Partners, LLC (“WHP”), submitted to City an application for approval of a final tract map for real property located within City, a legal description of which is attached hereto as Exhibit “A”. The tract map is identified in City records as Parcel Map No. 32833 on file in Book 244, pages 74 and 75 of Parcel Maps, in the Office of the County Recorder of the County of Riverside.

B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Gov. Code, §§ 66410 et seq.), (“Map Act”) the City Ordinances, the conditions of approval for Parcel Map No. 32833, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel Map No. 32833.

D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code sections 66499 – 66499.10.

E. On April 2018, the City and WHP entered into a Subdivision Improvement Agreement for Final Parcel Map 32833 (“Original Agreement”), which was recorded in the County of Riverside Official Records, Document Number 2018-0139393.

F. On or about February 4, 2022, WHP granted to Developer the Property via a Grant Deed, which was recorded in the County of Riverside Official Records, Document Number 2022-0115463 but WHP did not assign the Original Agreement and Developer did not accept any such assignment.

G. In accordance with Section 19.8 of the Original Agreement, all the covenants and conditions of the Original Agreement are binding on Developer.

H. It is the intent of the Parties that both WHP (under the Original Agreement) and Developer (under this Agreement) remain jointly and severally liable for the timely construction and completion of the Public Improvements and that the security therefor furnished by WHP in consideration of City’s approval of the final map for Parcel Map No. 32833 remain in effect until released by the City to satisfy the security obligations under Section 12.

14th
June, 182
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DEFINED TERMS
“Developer” shall mean WHP (under the Original Agreement) and McCoy Homes, LLC, a California limited liability company (under this Agreement). The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.
“Estimated Costs” shall mean the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. “Litigation Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
“Map Act” shall mean the Subdivision Map Act, Government Code sections 66410 et seq. “Property” shall mean all of the real property contained within the boundaries of Parcel Map No. 32833 located in the City of Wildomar, California, as is more particularly described in the legal description and tract diagram attached hereto and incorporated hereby by reference at Exhibit “A”.
“Public Improvements” shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Parcel Map No. 32833 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Parcel Map No. 32833. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Exhibit “B. Notwithstanding, Exhibit “B”, Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Parcel Map 32833.
“Required Insurance” shall mean the insurance required to be maintained by Developer under Section 17.
“Security” shall mean surety bonds, lien agreement or other security approved by the City Engineer or City Attorney in the amounts and under the terms of Section 12. “Parcel Map No. 32833.” shall mean the final map prepared and approved by the City for tentative parcel map no. 32833.
“Warranty” shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.
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OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satisfied in the order provided:

1.1 Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;

1.2 Final Map and Agreement Approval. The City Council of the City (“City Council”) approves the final map for Parcel Map No. 32833 and this Agreement;

1.3 Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder’s Office of the County of Riverside; and

1.4 Record Final Map. Developer records the final map for Parcel Map No. 32833 in the Recorder’s Office of the County of Riverside.

If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.

2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that 184
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Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.

Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement.

2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

2.7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit “D” hereto.

3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures.

City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair 185
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until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within two years (24 months) following approval of the final map for Parcel Map No. 32833.

4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the Security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5. GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel Map No. 32833 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.

In order to prevent damage to the Public Improvements by improper drainage or other hazards, 186
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the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.

6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel Map No. 32833 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.

7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel Map No. 32833, or as required by other governmental agencies having jurisdiction over Parcel Map No. 32833.

8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur. If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City’s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

10. ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement. 187
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10.1 Developer’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

10.2 City Acceptance of Public Improvements. If Parcel Map No. 32833 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements.

10.3 Developer’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City.

During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

12. SECURITY. Prior to City’s approval and execution of this Agreement, Developer shall provide City with surety bonds, a lien agreement, or another form of security acceptable to the City Attorney and City Engineer under the terms set forth below.

12.1 Surety Bonds. If surety bonds are provided as Security, the amount of the Security shall be based on the City Engineer’s Estimated Costs. If City determines at any time prior to Developer’s completion of the Public Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.
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12.1.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 18.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Two Hundred Ninety Five Thousand Five Hundred Dollars ($295,500.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.

12.1.2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 32833, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 32833.

12.1.3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of One Hundred Forty Seven Thousand Seven Hundred Fifty ($147,750.00), which sum shall not be less than fifty percent (50%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

12.1.4 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

12.1.5 Form of Bonds. The evidence of the Security is attached as Exhibit “C”, unless other forms provided by Developer are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.
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12.2 Lien Agreement. In lieu of surety bonds required under Section 12.1 et seq. or the security required by Section 13 of this Agreement, Developer may execute a lien agreement as Security for the Improvements in accordance with Wildomar Municipal Code Section 16.56.030.

12.3 Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.

13. MONUMENT SECURITY. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Parcel Map No. 32833 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash or a surety bond with City in the amount of Not Applicable ($), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit or surety bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Parcel Map No. 32833. Notwithstanding the foregoing, if City accepts a lien agreement as security for the Improvements under Section 12.2 of this Agreement, such lien agreement may serve as the security for some or all of the Subdivision Monuments, as determined by the City Engineer.

14. LIEN. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

15. SIGNS AND ADVERTISING. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 190
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16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

17. INSURANCE.

17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

17.1.1 General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance

17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non-owned by the insured or for which the insured is responsible.

17.1.3 Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees.
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17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.

17.1.5 Pollution Liability. Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City.

Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.

17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

17.3 Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.
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17.4 Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non-contributory with, any insurance or self-insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.

17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.

17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

18. DEFAULT; NOTICE; REMEDIES.

18.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twentyfour (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.

18.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its 193
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sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

18.3 Other Remedies. No action by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

19. GENERAL PROVISIONS.

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

19.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

19.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party.

Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

19.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:
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CITY:

City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 111
Wildomar, CA 92595
DEVELOPER:

McCoy Homes, LLC
Attn: Kreg McCoy
31620 Railroad Canyon Road
Canyon Lake, CA 92587
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S.

Mail.

19.5 Amendment; Modification. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Developer and by the City.

The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement.

19.6 Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

19.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

19.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.
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19.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

19.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

19.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

19.12 Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

19.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel Map No. 32833, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

19.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

19.15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.

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

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CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney

MCCOY HOMES, LLC
By: By:
_________________________________
Its: ______________________________ Its: ___________________________ NOTE: DEVELOPER’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS,

ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
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SUBDIVISION IMPROVEMENT AGREEMENT

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, _______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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SUBDIVISION IMPROVEMENT AGREEMENT

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, _______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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SUBDIVISION IMPROVEMENT AGREEMENT

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, _______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
200

SUBDIVISION IMPROVEMENT AGREEMENT

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, _______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
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SUBDIVISION IMPROVEMENT AGREEMENT
EXHIBIT “C”
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4340 Von Karman, Suite 110, Newport Beach, California 92660 | (949) 705-0408 | citivestcommercial.com December 1, 2022

SENT VIA EMAIL
Re: Four Lots located at Union and Gruwell
APN’s 368-110-057, 368-110-058, 368-110-059, 368-110-060 To Whom it May Concern:

Wildomar Housing Partners, LLC, who is named on the Bonds related to the aforementioned property, has agreed to allow the bonds to remain in place until the date at which the bonds expire, at which time the required work covered by the bonds is to have been completed or the bonds will be replaced with a new bond obtained by Kreg McCoy.

Sincerely,

Dana Haynes
Manager
Wildomar Housing Partners, LLC
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: June 14, 2023
SUBJECT: Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) for Fiscal Year 2023- 24 SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag
ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2023 - _____

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

ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1 (SERVICES) FOR FISCAL YEAR 2023-24 SUMMARY:

Annually, the City determines the amount of the special tax for CFD 2013-1 (Services) that should be charged to cover service expenses consistent with the rate and method of apportionment approved by the City Council at the time the CFD was formed.

BACKGROUND:

The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by creating Community Facilities Districts (CFDs) and either issuing tax exempt securities that are repaid by annual levy of special taxes within the CFD, or to provide for the financing of on-going public services through a special tax levied on parcels within the CFD.

In 2013, the City established CFD No. 2013-1. Two special taxes (Special Tax A and Special Tax B) are levied on properties within the CFD to fund the maintenance of certain improvements and to fund public safety services. The improvements maintained by the CFD that are funded by Special Tax A include items such as landscaping and lighting, water quality improvements, graffiti, street sweeping, and trails and park maintenance. In addition, Special Tax B of the CFD finances certain public safety services to meet the increased demands new 234
development places on police and fire protection services. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B.

DISCUSSION:

Annually, the City Council determines the amount of the special tax for CFD 2013-1 (Services) that should be charged to cover service expenses within the district zones consistent with the rate and method of apportionment approved by the City Council at the time the CFD was formed.

Exhibit A to the attached Resolution includes the preliminary levy rolls for CFD 2013-1 for FY 2023-24.

FISCAL IMPACT:

Community Facilities District No. 2013-1 (Services) will generate a maximum special tax of $524,920.27 in Special Tax A and $205,225.66 in Special Tax B for Fiscal Year 2023-24.

Expenses for the Fiscal Year 2023-24 for Zone(s) 1-24 cannot be estimated at this time because not all certificates of occupancy and acceptance of the facilities have occurred at this time. Contract amendment(s) to city maintenance contractor(s) will be presented to City Council and the CFD 2013-1 (Services) amounts will be encumbered at the time the services are deemed and rendered.

ACCOUNT CODE:

Zone 1 - $38,275.34
Zone 2 - $24,099.29
Zone 3 - $70,880.26
Zone 4 - $256.06
Zone 5 - $46,851.95
Zone 8 - $10,204.09
Zone 9 - $12,754.61
Zone 10 - $49,895.61
Zone 11 - $19,324.53
Zone 13 - $1,277.14
Zone 14 - $7,876.25
Zone 15 - $18,974.00
Zone 16 - $7,988.88
Zone 18 - $22,187.75
Zone 19 - $90,168.23
Zone 21 - $2,723.24
Zone 24 - $101,183.04
Special Tax B - $205,225.66
ATTACHMENTS:
235

1. Resolution and Exhibit B of Resolution
Exhibit A of Resolution
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RESOLUTION NO. 2023 - ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, ORDERING THE LEVY AND

COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2013-1 (SERVICES), FOR
FISCAL YEAR 2023-24
WHEREAS, the City Council (“City Council”) of the City of Wildomar (“City”), California, previously initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a community facilities district, all of which are authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being found at Chapter

2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (“Act”).

This community facilities district shall hereinafter be referred to as the City of Wildomar Community Facilities District No. 2013-1 (Services) (the “Community Facilities District”); and
WHEREAS, the City Council, as the legislative body of the Community Facilities District, is authorized under the Act to levy certain special taxes to pay for the costs of certain services (the “Special Taxes”); and
WHEREAS, Section 53340(b) of the Act provides that the legislative body of a community facilities district may provide, by resolution, for the levy of the special tax in the current year or future tax years at the same rate or at a lower rate than the rate provided by resolution, if the resolution is adopted and a certified list of all parcels subject to the special tax levy including the amount of the tax to be levied on each parcel for the applicable tax year, is filed by the clerk or other official designated by the legislative body with the county auditor on or before the 10th day of August of that tax year; and WHEREAS, the City Council of the City of Wildomar previously, as authorized by Section 53340(a) of the Act, authorized the levy of a special taxes to pay for costs and expenses related to said Community Facilities District, and the City Council now desires to establish and levy the rate of the special taxes to be collected for the Fiscal Year 2023-

24. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR AS FOLLOWS:

Section 1. Recitals
All of the above recitals are true and correct.

Section 2. Specific Rate and Amount of Special Tax for Fiscal Year 2023- 24 Determined and Established
That the specific rate and amount of the Special Taxes to be collected to pay for the costs and expenses for the Community Facilities District for Fiscal Year 2023-24 are 237
hereby determined and established as set forth in Exhibit "A” attached hereto and incorporated by reference.

Section 3. Special Tax Used to Pay for Services
That the proceeds of the Special taxes shall be used to pay, in whole or in part, the costs of financing the following services and facilities:

Maintenance and lighting of parks, parkways, streets, roads and open space.

Public Safety Services
Section 4. Special Tax to be Collected by Riverside County The Special Taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected by the County of Riverside on behalf of the City of Wildomar, and shall be subject to the same penalties, procedure, sale, and lien in case of any delinquency for ad valorem taxes or as otherwise provided for by the City Council.

All revenues so collected either on the Riverside County tax roll or by any other method shall be paid into the City of Wildomar treasury and credited to a special fund, which shall only be used for the Community Facilities District in the manner specified above.

Section 5. Levy of Special Tax Authorized By City Council That the City Council hereby levies the Special Taxes for the Fiscal Year 2023-24 at the rates and with respect to the parcels as set forth in Exhibit A attached hereto. The City Manager or his designee is hereby authorized and directed to file with the Riverside County Auditor-Controller no later than August 10, 2023, in the format and media specified by Riverside County, subject only to permitted extension by the Riverside County Auditor-Controller, a certified list of all parcels subject to the Special Tax levies including the amount of the Special Taxes to be levied on each parcel of taxable property in the Community Facilities District for Fiscal Year 2023-24.

Section 6. Officers and Agents of the City of Wildomar
That the officers and agents of the City of Wildomar are, and each of them hereby is, authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the levy of the Special Taxes for Fiscal Year 2023-24 as provided in this Resolution. Further, that all actions heretofore taken by the officers and agents of the City of Wildomar with respect to the levy of the Special Taxes for Fiscal Year 2023-24 are hereby approved, confirmed and ratified.

Section 7. Severability
Should any provision, section, paragraph, sentence or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Resolution as hereby adopted shall remain in full force and effect.
238
Section 8. Effective Date
This Resolution shall become effective upon the adoption by the City Council.

Section 9. Certification
The City Clerk shall certify to the passage and adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED AND ADOPTED this 14th day of June, 2023:

Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
239

EXHIBIT A
City of Wildomar
CFD 2013-1 (Services)
Preliminary 2023-2024 Special Tax
(Separate Attachment)
240

EXHIBIT B
“CFD Annexation History”
The original tracts included in the CFD are split into Tax Zone 1, consisting of Tract 32535 (81 units) and Tax Zone 2, consisting of Tract 31479 (51 lots). The tax rate approved at the time of the CFD’s formation included a Maximum Special Tax A of $346 per unit per year for public facility maintenance services, and Maximum Special Tax B of $244 per unit per year for public safety services.

On February 11, 2015, Tracts 25122 and 32078 annexed into the District as Tax Zone 3 at the same rates as Tax Zones 1 and 2. Tax Zone 3 at total build out will be 154 Residential Lots subject to Special Tax A and Special Tax B On October 14, 2015, Tract 16803 annexed into the District as Tax Zone 4 and encompasses 3 non-residential units, with a maximum annual tax of $51.41 per acre, per year. Tax Zone 4 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B.

Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On October 14, 2015, Tract 36497 annexed into the District as Tax Zone 5, with a maximum annual tax of 766.27 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $522.27 per unit, per year, and Maximum Special Tax B of $244 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 5 total build out will be 67 residential units subject to Special Tax A and Special Tax B.

On January 13, 2016, Tract 36519 annexed into the District as Tax Zone 8, with a maximum annual tax of $1,021.35 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $777.35 per unit, per year, and Maximum Special Tax B of $244 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 8 total build out will be 10 residential units subject to Special Tax A and Special Tax B.

On January 13, 2016, Parcel Map 6582, Lot 4 annexed into the District as Tax Zone 9 and encompasses 1 commercial parcel, with a maximum annual tax of $7,650.78 per acre, per year. The maximum annual tax rate includes a Maximum Special Tax A of $7,650.78 per acre, per year. Tax Zone 9 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.
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On January 13, 2016, Tract 32206 annexed into the District as Tax Zone 10, with a maximum annual tax of $877.51 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $633.51 per unit, per year, and Maximum Special Tax B of $244 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 10 total build out will be 60 residential units subject to Special Tax A and Special Tax B.

On April 11, 2018, PM 36080 annexed into the District as Tax Zone 11 and encompasses 11 non-residential units, with a maximum annual tax of $3,302.61 per acre, per year. Tax Zone 11 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On June 14, 2017, PM 36653 annexed into the District as Tax Zone 13, with a maximum annual tax of $577 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $333 per unit, per year, and Maximum Special Tax B of $244 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 13 total build out will be 10 residential units subject to Special Tax A and Special Tax B.

On December 13, 2017, Parcel A of LLA 2016-005 annexed into the District as Tax Zone 14 and encompasses 2 non-residential units, with a maximum annual tax of $2,325.03 per acre, per year. Tax Zone 14 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On November 14, 2018, CUP/PP 15-0013 annexed into the District as Tax Zone 15 and encompasses 1 non-residential unit, with a maximum annual tax of $3,330.26 per acre, per year. Tax Zone 15 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On April 10, 2019, CUP 16-0095 annexed into the District as Tax Zone 16 and encompasses 1 non-residential unit, with a maximum annual tax of $1,513.72 per acre, per year. Tax Zone 16 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On July 10, 2019, PM 32257 annexed into the District as Tax Zone 18 and encompasses two commercial properties, with a maximum annual tax of $3,301.26 per acre, per year.

Tax Zone 18 consists of only non-residential parcels and therefore will not be subject to 242
the cost of providing police and fire protection services funded by Special Tax B.

Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On November 13, 2019, TR 32024 annexed into the District as Tax Zone 19, with a maximum annual tax of $1,385.32 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $1,073.91 per unit, per year, and Maximum Special Tax B of $311.41 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 19 total build out will be 70 residential units subject to Special Tax A and Special Tax B.

On January 15, 2020, PA 16-0138 annexed into the District as Tax Zone 21 and encompasses four commercial properties, with a maximum annual tax of $253.39 per acre, per year. Tax Zone 21 consists of only non-residential parcels and therefore will not be subject to the cost of providing police and fire protection services funded by Special Tax B. Maximum Special Tax A is proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%.

On October 13, 2021, TR 31667 annexed into the District as Tax Zone 24, with a maximum annual tax of $2,175.44 per unit, per year. The maximum annual tax rate includes a Maximum Special Tax A of $1,832.11 per unit, per year, and Maximum Special Tax B of $343.33 per unit, per year. Both of these tax rates are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2% for Special Tax A and 5% for Special Tax B. The Zone 22 total build out will be three residential units subject to Special Tax A and Special Tax B.
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68-9856 - CFD 2013-1 Zone 1
Fiscal Year 2023-24
APN Levy APN Levy APN Levy
380422001 $472.54 380422002 $472.54 380422003 $472.54
380422004 $472.54 380422005 $472.54 380422006 $472.54
380422007 $472.54 380422008 $472.54 380422009 $472.54
380422010 $472.54 380422011 $472.54 380422012 $472.54
380422013 $472.54 380422014 $472.54 380422015 $472.54
380422016 $472.54 380422017 $472.54 380422018 $472.54
380422019 $472.54 380431001 $472.54 380431002 $472.54
380431003 $472.54 380431004 $472.54 380431005 $472.54
380431006 $472.54 380431007 $472.54 380431008 $472.54
380431009 $472.54 380431010 $472.54 380431011 $472.54
380431012 $472.54 380431013 $472.54 380431014 $472.54
380431015 $472.54 380431016 $472.54 380431017 $472.54
380431020 $472.54 380444001 $472.54 380444002 $472.54
380444003 $472.54 380444004 $472.54 380444005 $472.54
380444006 $472.54 380444007 $472.54 380444008 $472.54
380444009 $472.54 380444010 $472.54 380444011 $472.54
380444012 $472.54 380444013 $472.54 380444014 $472.54
380444015 $472.54 380444016 $472.54 380444017 $472.54
380444018 $472.54 380444019 $472.54 380444020 $472.54
380444021 $472.54 380444022 $472.54 380444023 $472.54
380444024 $472.54 380444025 $472.54 380444026 $472.54
380444027 $472.54 380444028 $472.54 380444029 $472.54
380444030 $472.54 380444031 $472.54 380444032 $472.54
380444033 $472.54 380444035 $472.54 380444036 $472.54
380444037 $472.54 380444038 $472.54 380444039 $472.54
380444040 $472.54 380444041 $472.54 380444042 $472.54
380444046 $472.54 380444047 $472.54 380444048 $472.54
Totals Parcels 81 Levy $38,275.34
Assessment Roll