Agenda packet — Wildomar City Council, September 13, 2023 (part 2 of 2)

The term of the temporary construction easement shall be for a period not to exceed twelve (12) months, which shall commence following written notice provided to the owner of the Larger Parcel. In no event shall the term of the TCE extend beyond December 31, 2026.

3. The Easements are necessary for the completion of the Project. The City is authorized to acquire the Easement s by eminent domain for the publ ic use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Emi nent Domain L aw, Code of Civil Proced ure Section 1230.010 et seq ., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.220, 1240.3 20, 1240.330, 1240.350, 124 0.410, 1240.510, 1240.610, 1240.650; Government Code Section 37350.5, 40404, and other provisions of law.

4. On August 8, 2023, the City mailed a Notice of Hearing regarding the intent of the Ci ty Council of the City of Wildomar to consider adoption of a resolution of necessity for acquisition by eminent domain of the Easements. T he Notice of Hearing was mailed to all persons whose name(s) appear on the last Equalized County Assessment Roll as having an interest in the Property, to the addresses appearing on the Roll. The Notice of Hearing advised the pers ons of their right to be heard on the matters referred to in the Notice of Hearing on the date and at the time and place stated.

5. The hearing referenced in the Notice of Hearing was held on September 13, 2023, at the time and place stated in the Notice of Hea ring. All interested par ties were given an opportunity to be heard. The hearing was then closed.

6. Based upon the evidence presented in the staff report and materials provided to Council, and evidence and testimony presented at the heari ng, the City Counc il of the City of Wildomar finds, determines, declares, and resolves each of the following:

A. The public interest and necessity require the proposed Project;

B. The proposed Project is planned or located in t he ma nner that will be most compatible with the greatest public good and the least private injury;

C. The interest in property sought to be acquired by eminent domain is necessary 363

for the proposed Project;

D. The City has complied with all condition s and statutory requirements nec essary to exercise the power of eminent domain to acquire the property describ ed herein, as well as any other matter regarding the right to take said property by eminent domain, including but not limited to, making the offer required by Government Code Section 7267.2(a);

E. The City has complied with CEQA for t he Project. On November 10, 2021, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the Planning Director approved a Notice of Exemption for the Project. No additional findings are necessary to comply with CEQA.; and

F. The Easements herein described are a portion of the larger parcel located at the southeast corner of Palomar Street and Gruwell Street and known by accessor parcel numbers 376-051-001 and 376-051-002 (“Larger Parcel”).

7. The City Attorney is hereby authorized to acquire in the name of the City the Easements described in this Resolution in accordance with the provisions of California Eminen t Domain Law, to commence an action in eminent domain, to deposit the probable amount of compensation with the State Treasury, to apply to the Supe rior Court for an order permitting the City to take immediate possess ion and make immediate use of the property for the Project, and to take all necessary steps to acquire the property under the law.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wildomar at a regular meeting held this 13th day of September, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Joseph Morabito, Mayor

ATTEST: APPROVED AS TO FORM:

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

364

ATTACHMENT A

Permanent Easement

365
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED
DOCUMENTARY TRANSFER TAX $ NONE
A.P. No. 376-051-001 and 376-051-002 Per Gov’t Code 11922

PERMANENT EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, Jeffrey A. McElrath, Trustee of the Jeffrey A. McElrath Living Trust, dated November 6, 2014, as to Parcel 1 and Jeffrey A. McElrath, a single man as to Parcel 2

as to (hereinafter referred to as “Grantor”) hereby grants to City of Wildomar, a California Municipal Corporation (hereinafter referred to as “City”), an easement for public road, sidewalk, and utility purposes, over, upon, across, and within the real property in the County of Riverside, State of California, described as follows:

SEE LEGAL DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A-9" AND “B-9” AND MADE A PART HEREOF:

GRANTOR: Jeffrey A. McElrath, Trustee of the Jeffrey A. McElrath Living Trust, dated November 6, 2014, as to Parcel 1 and Jeffrey A. McElrath, a single man as to Parcel 2

Dated:

Jeffrey A. McElrath, Trustee

Dated:

Jeffrey A. McElrath

366

367

368

369

State of California )
County of ________________ )
On ____________________, 2023, before me, ____,
(insert name and title of the officer)
Notary Public, 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)

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.
370

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Easement dated as of______________________, 2023, from Jeffrey A. McElrath, Trustee of the Jeffrey A. McElrath Living Trust, dated November 6, 2014, as to Parcel 1 and Jeffrey A. McElrath, a single man as to Parcel 2 is hereby accepted by the order of the City Council of the City of Wildomar on November 9, 2022, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: _________________, 2023

By: ____________________________

ATTEST:

371

ATTACHMENT B

Temporary Construction Easement

372
Parcel File No.# CIP 28-2
Project: Palomar/Gruwell Widening Project
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED – Essential to acquisition
City of Wildomar – See Gov’t Code 6103
A.P. No. 376-051-001 and 376-051-002 DOCUMENTARY TRANSFER TAX $ NONE

TEMPORARY CONSTRUCTION EASEMENT

hereinafter termed Grantor, does hereby grant to the CITY OF WILDOMAR, a municipal corporation, hereinafter termed Grantee, an easement for ingress, egress and construction purposes, including but not limited to the use of the easement by Grantee and its officers, employees, agents, contractors and subcontractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of sidewalk and roadway improvements, or other necessary uses, in connection with the project over that certain real property (the "Property") situated in the City of Wildomar, County of Riverside, State of California, as depicted on Exhibit “A” attached hereto and incorporated herein by reference. This easement shall include, without limitation, the right and privilege of Authorized Personnel to (i) use, control, and occupy the Property in order to perform all activities as may be necessary for the construction of roadway improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temporarily place, store, and operate tools, equipment, machinery, and materials on and within the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property Area. Hereinafter, items (i)-(iv) shall be collectively referred to herein as the “Work.” During the term of the easement, Grantor shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized Personnel for the Work. Easement holder will at all times during the term of the easement allow for owner to have and maintain reasonable access to and from the larger property and maintain reasonable access to and from the larger property, and Grantor will state and coordinate work with owner so as not to unreasonably impede/hinder access to and within the larger property.

The Grantee agrees to restore or have restored the temporary construction easement area as reasonably as possible to the pre-existing condition or to a condition mutually agreed upon within a reasonable time.

Grantee shall be responsible for any accident occurring on the Property during the term of this easement caused by Grantee's negligent use of the Property or by the negligent acts or conduct of its officers, employees, agents, contractors or subcontractors. It is further understood and agreed that this easement shall extend for a period of twelve (12) months commencing at the recordation of the Easement. Grantee shall provide Grantor written notice upon recordation to confirm commencement date. In no event shall the TCE extend beyond March 31, 2024.

373
In the event Grantee is unable to complete the Project before the expiration of the Temporary Construction Easement period, Grantee shall have the right to extend the Temporary Construction Period for up to twelve (12) months. The Extension Period will begin upon written notice provided by the Grantee to the Grantor. Written notice may be provided by personal delivery, U.S. Mail, or via email, and will state the additional the number of months required to complete the project. The compensation for any such Temporary Construction Easement extension will be $100.00 for each month the TCE is extended, to be paid upon Grantee notification to Grantor of the need for an extension. In no event shall the TCE extension extend beyond March 31, 2025.

All of the terms, conditions, and restrictions set forth in the Temporary Construction Easement shall run with the land of the property and shall bind and inure to the benefit of GRANTOR, GRANTEE, and their respective successors and assigns as owners of the interests in the property.

SEE DEPICTION ATTACHED HERETO AND MADE A PART HEREOF IN EXHIBIT “A”.

GRANTOR:

Jeffrey A. McElrath, Trustee of the Jeffrey A. McElrath Living Trust, dated November 6, 2014, as to Parcel 1 and Jeffrey A. McElrath, a single man as to Parcel 2

Dated: By: ________________________________

Print Name: _Jeffrey A. McElrath, Trustee

Dated: By: ________________________________

Print Name: _Jeffrey A. McElrath

374

EXHIBIT A

Depiction of Temporary Construction Easement Area

375

State of California )
County of _________________ )
On __________________, 2023, before me, ,
(insert name and title of the officer)
Notary Public, 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)

376

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)

This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement dated as of ____________________, 2023, from Jeffrey A. McElrath, Trustee of the Jeffrey A. McElrath Living Trust, dated November 6, 2014, as to Parcel 1 and Jeffrey A. McElrath, a single man as to Parcel 2 is hereby accepted by the order of the City Council of the City of Wildomar on November 9, 2022, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

ATTEST: ___________________________

377

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.5
Meeting Date: September 13, 2023
SUBJECT:

Consideration of Resolution of Necessity for Condemnation of Improved Property located at 23690 Bundy Canyon Road for the Bundy Canyon Road Improvement Project, Segment 2
(CIP 026-2)
SUBMITTED BY:

Jason Farag
PREPARED BY:

Thomas D Jex

ACTION:
1 .

Conduct a hearing on the proposed Resolution 2023-__ of the City of Wildomar finding and determining that the public interest, convenience, and necessity require the acquisition of certain property for public purposes; and 2 .

Review the evidence presented, including this staff report and public comments, and close the hearing; and
3 .

Find that on September 10, 2014, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the City Council adopted Resolution 2014-048 certifying an Environmental Impact Report for the Project, and that on September 9, 2020, the City Council adopted Resolution 2020-62, approving an Addendum to the Environmental Impact Report, and that no additional CEQA findings are required for the Project; and
4 .

Adopt Resolution 2023- __ entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR FINDING AND

DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES.

SUMMARY:

To complete the construction associated with the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2) ("Project"), certain easements (or rights-of-way) are required from adjacent property owners. This item considers a Resolution of Necessity for Condemnation of Improved Property over which easements are needed to allow for the construction of the Project.
378

BACKGROUND:

The Bundy Canyon Road Improvement Project (Overall Project) pertains to an approximate three-mile stretch of Bundy Canyon Road in the City of Wildomar. Segment 1 of the project pertains to the west portion of the project, between Cherry Street and east of Oak Canyon Drive. Segment 2 runs from east of Oak Canyon Drive to east of The Farm Road, and Segment 3 of the project is located between The Farm Road and Sunset Avenue (approximately one mile).

Most of Bundy Canyon Road contains two traffic lanes (one in each direction). The purpose of the Project is to widen the road to four lanes (two in each direction) and realign portions of the road. Improvements will also include a new multi-use trail, new storm drains, the construction of a center striped median, left-turn lanes at major intersections, signage, and the addition and modification of traffic signals at certain intersections. The Project is intended to improve traffic flow in the area and enhance the safety of the roadway.

On September 10, 2014, in accordance with the California Environmental Quality Act (“CEQA”) and State CEQA Guidelines §15070, the City Council adopted Resolution 2014-48 certifying an Environmental Impact Report (EIR) for the Project. On September 9, 2020, the City Council adopted Resolution 2020-62 approving an Addendum to the EIR for the Project.

DISCUSSION:

In order to complete the construction of the Project, the City must acquire a portion of the improved parcel located at 23690 Bundy Canyon Road, and identified by accessor parcel number 66-320-006 (“Larger Parcel”). The Larger Parcel is zoned RR (Rural Residential) and is owned by John Chung Hwe Park and Moon Hwa Park (“Owner”).

For the purpose of the Project, the City is seeking to acquire three easements over the Larger Parcel: (1) a permanent road easement containing 28,436 square feet, (2) a permanent slope and drainage easement containing 19,024 square feet, and (3) a 24-month temporary construction (TCE) easement containing 10,474 square feet (collectively the “Easements”).

The Easements are more particularly described and depicted in the proposed Resolution attached hereto. While the larger parcel is utilized as an improved residential/equestrian property (Oak Meadows Ranch), the existing buildings will not be impacted by the Easements.

On July 18, 2023, City Staff tendered an offer to the Owner in the amount of $109,000 for the Easements (“Offer”). The Offer was based on an appraisal prepared by a licensed appraiser.

City Staff and the City’s Right of Way agents have attempted in earnest to negotiate a purchase of the Easements, and although negotiations are ongoing and will continue, the acquisition of the Easements has not been consummated. The City requires possession and use of the Easements before work on the Larger Parcel can commence and there are no assurances that an agreement between the parties will be reached in order to meet the Project’s construction schedule; therefore, a Resolution of Necessity is being requested. 379

Pursuant to California Government Code Sections 7267.2, 37350.5, and 40404, and California Code of Civil Procedure Section 1230.010 et seq., 1240.410 and 1240.020, and Section 19, Article I of the California Constitution, and other authorities, the City is authorized to acquire the aforementioned Easements by eminent domain, provided certain procedural steps are followed.

The City must make an offer to purchase to the property owner, which offer must be transmitted in writing, based upon an appraisal. City tendered a statutory Offer to purchase the Easements as required by law based upon an approved appraisal (Attachment A). To date, the offer has not been accepted.

It is now necessary that an action in eminent domain be commenced to acquire the Easements referenced above. Prior to the filing of the action, the City must hold a hearing on the proposed Resolution of Necessity (attached) and provide the Owner an opportunity to be heard.

In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing, which was issued on August 17, 2023, in accordance with the applicable statutes (Attachment B).

After conducting the public hearing, if the Council finds that the public necessity so requires, City should adopt the attached Resolution of Necessity, authorizing condemnation proceedings for the purpose of acquiring the Easements.

The findings which need to be made, are as set forth in the Resolution of Necessity.

Specifically, the Council must find:
1 .

That the public interest and necessity require the acquisition of the proposed Project. As proposed, the Project will serve public purposes, as discussed above; 2 .

That the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. City evaluated different Project design options to identify any overall Project cost and real estate impacts in an effort to ensure the least private injury. It was determined that Project in its currently proposed iteration will be most compatible with the greatest public good and the least private injury. 3 .

That the Easements are necessary for the proposed Project. A permanent roadway easement is needed for roadway, sidewalk, and improvements to Bundy Canyon Road, and the slope and drainage easement is necessary for proper drainage along the roadway. In addition, a temporary construction easement is needed in order to construct the Project improvements within the Easements and Project area. 4 .

That City made the offer to purchase as required by section 7267.2 of the California Government Code. The Statutory Offer to Purchase was tendered to the owner of the Property on July 18, 2023.
380
5 .

That the necessary notice of hearing to consider the adoption of the Resolution of Necessity has been given, as required by Code of Civil Procedure section 1245.235. As evidenced by Attachment B, this notice was issued on August 17, 2023. 6 .

That City has complied with CEQA for the Project. On September 10, 2014, in accordance with the California Environmental Quality Act (“CEQA”) and State CEQA Guidelines §15070, the City Council adopted Resolution 2014-48 certifying an Environmental Impact Report for the Project, and on September 9, 2020, the City Council adopted Resolution 2020-62 approving an Addendum to the Environmental Impact Report for the Project No additional findings are necessary to comply with CEQA. 7 .

The Easements are necessary for the purpose specified in Section 1240.350 of the Code of Civil Procedure, and as such the taking is authorized by Section 1240.350 of the Code of Civil Procedure. This project is in compliance with Section 1240.350 in that the proposed road widening, sidewalks, and storm drains along Bundy Canyon Road in the City, is a public need and is for the greater good of the public’s interest and balances the various hardships of all parties affected by this taking.

Questions relating to value are not relevant to this proceeding. However, that does not mean that negotiations for the acquisition of the Easements are at an end. If City adopts the Resolution of Necessity, after the hearing, negotiations for the acquisition of the Easements may continue.

The proposed Resolution of Necessity must be adopted by a two-thirds majority vote.

FISCAL IMPACT:

Legal costs will be paid for from the approved Project budget. Staff will track the related costs and bring forward a budget amendment if additional budget is needed for this process.

ACCOUNT CODE:

CIP 026-2: Fund No. 503-909-0002-58120 - Right of Way Acquisition

ATTACHMENTS:

Resolution
Presentation
A - Offer Letter
B - Notice of Hearing
381

RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WILDOMAR FINDING AND

DETERMINING THAT THE PUBLIC

INTEREST, CONVENIENCE AND

NECESSITY REQUIRE THE ACQUISITION

OF CERTAIN PROPERTY FOR PUBLIC

PURPOSES

WHEREAS, the City Council has determined that the City of Wildomar (“City”) needs to acquire certain property interests in connection with the construction of the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2) (“Project”).

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Wildomar, by vote of two -thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES the following:

1. The City intends to co nstruct the Project, which is intended to improve traffic flow and enhance safety by widening th e roadway, constructing a multi -use trail , constructing storm drains, constructing a center striped median, left-turn lanes at major intersections, signage, and add traffic signals at certain intersection s along Bundy Canyon Road. The Project is for a public use.

2. To complete construction on the Project, the City must acquire the below describ ed easements (collectively “Easements”):

a. A permanent roadway easement comprised of a total of 28,436 square feet. The City may use the permanent road easement for public road and utility purposes, including drainage purposes, over, upon, across, and within the real property that is more particularly described and depicted in Exhibits “A” and “B” of Attachment 1, attached hereto and incorporated herein by reference.

b. A permanent slope and drainage easement comprised of a total of 19,024 square feet. The City may use the permanent slope and drainage easement for slope and drainage purposes, with the right of ingress and egress for maintenance over, upon, across, and w ithin the real property that is more particularly described and depicted in Exhibit s “A” and “B” of Attachment 2, attached hereto and incorporated herein by reference.

c. A 10,474 square foot temporary construction easement (“TCE”) allowing the City, its su ccessors a nd a ssigns, an easement for ingress, egress and construction purposes, including but not limited to the use of the easement by Grantee and its officers, employees, agents, contractors and subcont ractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of a multi -use trail, and roadway improvements, or other necessary uses, in connection with the Project over that certain real property (the "Prop erty") situated in the City of Wildom ar, County of Riverside, S tate of C alifornia, a s depicted on Exhibit “A” of Attachment 3, attached hereto and incorporated herein 382

by reference. This easement shall include, without limitation, the right and privilege of Authorized Personnel to (i) use, control, and occupy the Prop erty in order to pe rform all ac tivities as may be necessary for the construction of roadway improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temp orarily place, store, and operate tools, equipment, machinery, and materials on and within the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property area.

Hereinafter, items (i) -(iv) shall be collectivel y ref erred to herein as the “Work.” During the term of the easement, the owner of the Larger Parcel shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized Personnel for the W ork.

The City will at all times du ring the term of the easemen t allow the owner of the Larger Parcel to have and maintain reasonable access to and from the Larger Parcel.

At the expiration of the temporary construction easement, the City will restore or have restored the temporary constru ction easement area as reaso nably a s possible to the pre -existing condition or to a condition mutually a greed upon within a reasonable time. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at al l times during the TCE term allow the property owner(s) to have and maintain reasonable access to and from the Larger Parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.

The term of the temporary construction easement shall be for a period not to exceed twenty-four (24) months, which shall commence following written notice provided to the owner of the Larger Parcel. In no event shall the term of the TCE extend beyond December 31, 2026.

3. The Easements are necessary for the completion of the Project. The City is authorized to acquire the Easement s by eminent domain for the publ ic use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain L aw, Code of Civil Proced ure Section 1230.010 et seq ., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.220, 1240.320, 1240.330, 1240.350, 124 0.410, 1240.510, 1240.610, 1240.650; Government Code Section 37350.5, 40404, and other provisions of law.

4. On August 17, 2023, the City mailed a Notice of Hearing regarding the intent of the Ci ty Council of the City o f Wildomar to consider adoption of a resolution of necessity for acquisition by eminent domain of the Easements. T he Notice of Hearing was mailed to all persons whose name(s) appear on the last Equalized County Assessment Roll as having an interest in the Property, to the addresses appearing on the Roll. The Notice of Hearing advised the pers ons of their right to be heard on the matters referred to in the Notice of Hearing on the date and at the time and place stated.

5. The hearing referenced in the Notice of Hearing was held on September 13, 2023, at the time and place stated in th e Notice of Hea ring. All interested par ties were given an opportunity to be heard. The hearing was then closed.

6. Based upon the evidence presented in the staff report and materials provided to Council, and evidence and testimony presented at the hearing, the City Counc il of the City of 383

Wildomar finds, determines, declares, and resolves each of the following:

A. The public interest and necessity require the proposed Project;

B. The proposed Project is planned or located in t he ma nner that will be most compatible with the greatest public good and the least private injury;

C. The interest in property sought to be acquired by eminent domain is necessary for the proposed Project;

D. The City has complied with all condition s and statutory requirements necess ary to exercise the power of eminent domain to acquire the property describ ed herein, as well as any other matter regarding the right to take said property by eminent domain, in cluding but not limited to, making the offer required by Government Code Section 7267.2(a);

E. The City has complied with CEQA for t he Project. On September 10, 2014, in accordance with the California Environmental Quality Act (CEQA) and Sta te CEQA Guide lines §15070, the City Council adopted Resolution 2014 -48 certifying an Environmental Impact R eport for the Project, and on September 9, 2020, the City Council adopte d Resolution 2020 -62 approving an Addendum to the Environmental Impact Report for the Proj ect. No add itional findings are necessary to comply with CEQA.; and

F. The Easements herein described are a portion of the larger parcel located at 23690 Bundy Canyon Road and known by accessor parcel num ber 66-230-006 (“Larger Parcel”).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wildomar at a regular meeting held this 13th day of September, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Joseph Morabito, Mayor

384

ATTEST: APPROVED AS TO FORM:

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

385

ATTACHMENT 1

Permanent Road Easement

386
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED
DOCUMENTARY TRANSFER TAX $ NONE
A.P. No. 366-320-006 Per Gov’t Code 11922

PUBLIC ROAD & UTILITY EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, John Chung Hwe Park and Moon Hwa Park, husband and wife, as joint tenants

SEE LEGAL DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A" AND “B” AND MADE A PART HEREOF:

GRANTOR:

Dated:

John Chung Hwe Park

Dated:

Moon Wha Park

387

EXHIBIT A

388

389

EXHIBIT B

Plat Map

390

State of California )
County of ________________ )
On ____________________, 2023, before me, ____,
(insert name and title of the officer)
Notary Public, 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)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Easement dated as of______________________, 2023, from John Chung Hwe Park and Moon Hwa Park is hereby accepted by the order of the City Council of the City of Wildomar on July 13, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: _________________, 2023

By: ____________________________

ATTEST:

392

ATTACHMENT 2

Permanent Slope and Drainage Easement

393
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED
DOCUMENTARY TRANSFER TAX $ NONE
A.P. No. 366-320-006 Per Gov’t Code 11922

PERMANENT SLOPE & DRAINAGE EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, John Chung Hwe Park and Moon Hwa Park, husband and wife, as joint tenants

as to (hereinafter referred to as “Grantor”) hereby grants to City of Wildomar, a California Municipal Corporation (hereinafter referred to as “City”), an easement for slope and drainage purposes, with the right of ingress and egress for maintenance over, upon, across, and within the real property in the County of Riverside, State of California, described as follows:

SEE LEGAL DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A" AND “B” AND MADE A PART HEREOF:

GRANTOR:

Dated:

John Chung Hwe Park

Dated:

Moon Hwa Park

394

EXHIBIT A

395

396

EXHIBIT B

Plat Map

397

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)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Slope & Drainage Easement dated as of _________, 2023, from John Chung Hwe Park and Moon Hwa Park is hereby accepted by the order of the City Council of the City of Wildomar on ___________________, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

ATTEST:

399

ATTACHMENT 3

Temporary Construction Easement

400
Parcel File No. PID 47
Project: Bundy Canyon Road Widening – Segment 2
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED – Essential to acquisition
City of Wildomar – See Gov’t Code 6103
A.P. No. 366-320-006 DOCUMENTARY TRANSFER TAX $ NONE

TEMPORARY CONSTRUCTION EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, John Chung Hwe Park and Moon Hwa Park, husband and wife, as joint tenants

hereinafter termed Grantor, does hereby grant to the CITY OF WILDOMAR, a municipal corporation, hereinafter termed Grantee, an easement for ingress, egress and construction purposes, including but not limited to the use of the easement by Grantee and its officers, employees, agents, contractors and subcontractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of a roadway improvements, or other necessary uses, in connection with the project over that certain real property (the "Property") situated in the City of Wildomar, County of Riverside, State of California, as depicted on Exhibit “A” attached hereto and incorporated herein by reference. This easement shall include, without limitation, the right and privilege of Authorized Personnel to (i) use, control, and occupy the Property in order to perform all activities as may be necessary for the construction of roadway improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temporarily place, store, and operate tools, equipment, machinery, and materials on and within the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property Area. Hereinafter, items (i)-(iv) shall be collectively referred to herein as the “Work.” During the term of the easement, Grantor shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized Personnel for the Work. Easement holder will at all times during the term of the easement allow for owner to have and maintain reasonable access to and from the larger property and maintain reasonable access to and from the larger property, and Grantor will state and coordinate work with owner so as not to unreasonably impede/hinder access to and within the larger property.

Grantee shall be responsible for any accident occurring on the Property during the term of this easement caused by Grantee's negligent use of the Property or by the negligent acts or conduct of its officers, employees, agents, contractors or subcontractors. It is further understood and agreed that this easement shall extend for a period of twenty-four (24) months commencing at the recordation of the Easement.

Grantee shall provide Grantor written notice upon recordation to confirm commencement date. In no event shall the TCE extend beyond September 30, 2025.

401
In the event Grantee is unable to complete the Project before the expiration of the Temporary Construction Easement period, Grantee shall have the right to extend the Temporary Construction Period for up to twelve (12) months. The Extension Period will begin upon written notice provided by the Grantee to the Grantor. Written notice may be provided by personal delivery, U.S. Mail, or via email, and will state the additional the number of months required to complete the project. The compensation for any such Temporary Construction Easement extension will be $141.00 for each month the TCE is extended, to be paid upon Grantee notification to Grantor of the need for an extension. In no event shall the TCE extension extend beyond September 30, 2026.

SEE DEPICTION ATTACHED HERETO AND MADE A PART HEREOF IN EXHIBIT “A”..

GRANTOR: John Chung Hwe Park and Moon Hwa Park, husband and wife, as joint tenants

Dated: By: ________________________________

Print Name: __________________________

Title: ___________________________________

By: ________________________________

Print Name: __________________________

Title: ___________________________________

402

EXHIBIT A

403

404

405

406

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)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
407

This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement dated as of ____________________, 2023, from John Chung Hwe Park and Moon Hwa Park is hereby accepted by the order of the City Council of the City of Wildomar on July 13, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

ATTEST: ___________________________

408
Bundy Canyon Road
Improvement Project, Segment 2
(CIP 026-2)
23690 Bundy Canyon Road
Resolution of Necessity
Public Hearing
September 13, 2023
City of Wildomar
409
Project Limits
THE FARM RD.

MONTE VISTA DR.

Property in
Question
410
Approx. Area in
Question
411
J
oseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillipo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org July 18, 2023
J
ohn Chung Hwe Park
Moon Hwa Park
26305 N. Saint Marys Road
Mettawa, IL 60048
S
UBJECT: City of Wildomar – Bundy Canyon Road Widening Project-Segment 2 (CIP 26-2) Offer to Acquire – Public Road and Utility Easement, Permanent Slope and Drainage Easement, and Temporary Construction Easement
Assessor’s Parcel Number: 366-320-006
Property Address: 23690 Bundy Canyon Road, Wildomar, CA 92595 D
ear Property Owner(s):

T
he City of Wildomar (City), as part of the Bundy Canyon Road Widening Project – Segment 2 (Project), is considering acquiring permanent easements on a portion of the subject property in which we believe you are the owner, along with a temporary easement interest. The City obtained a preliminary title report that lists John Chung Hwe Park and Moon Hwa Park, husband and wife , as joint ten ants to be the vested owner of the above -mentioned property. The permanent easements are described in the legal descriptions and depicted on the plat maps within the attached Public Road and Utility Easement, Permanent Slope and Drainage Easement, and the Temporary Construction Easement is described and depicted in the attached Temporary Construction Easement Deed, herein collectively referred to as the” Easements.” T
his offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Easements that the City is seeking to acquire, all parties with such interest must accept this offer.

As
you are aware, the City had the Easements appraised to determine their fair market value and just compensation. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land. Based on the appraisal , the City offers to purchase a Public Road and Utility Easement, Permanent Slope and Drainage Easement , free and clear of any encumbrances, and a Temporary Construction E asement for One Hundred Nine Thousand Dollars and No/100, ($109,000) (“Purchase Price”).

T
he Purchase Price is the full amount established by the appraisal as the fair market value of the Easements and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Summary of Appraisal.

I
f the offer is acceptable to you, please sign the attached Agreement for Acquisition of Permanent Easement and Temporary Construction Easement. Upon receipt of the signed agreement, and other required documents, the matter will be reviewed by the City Council, which has final ratification authority.

I
f approved by the City Council, the City representative will sign and we will begin the escrow process to close this transaction. If you are not satisfied with the City’s offer, you are encouraged to present any material you believe to be DocuSign Envelope ID: F7C50372-2A0D-4985-A733-21DB7BC4FA0A 412494

relevant to the value of the Easements, which will be carefully considered by the City. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Easements through its power of eminent domain or abandon its intention to acquire the Easements, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Easements and can only do so after it holds a hearing at which all affected property owners have had an opportunity to appear and be heard.

In compliance with Government Code Section 7267.2, included with this offer is an information pamphlet describing the acquisition process. This Acquisition Brochure is being provided to you for informational purposes only and is not to be construed as legal advice.

Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Wildomar will reimburse an owner of property, up to the amount of $5,000, for the owner to secure an independent appraisal of property subject to a potential acquisition. If you wish to take advantage of this reimbursement, please forward me a copy of a retention letter or other contract you may have, or may enter into, with an appraiser. In order to qualify for this reimbursement, the appraiser selected must be identif ied and must be a California Certified General Real Estate Appraiser. In addition, the retention letter or other contract, or other proof of appraisal retention acceptable to the City, must be submitted to the undersigned no later than sixty (60) days following the date of this letter.

The Easements are scheduled to be used within two years of their acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. Please be advised that this letter, the offer, and all other matters stated herein are made under the provisions of California Evidence Code Section 1152 and 1154, Section 1255.060 of the Code of Civil Procedure, and Sections 7267.1 and 7267.2 of the Government Code, and shall not b e admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the subject property, or in any other action.

The City has contracted with Interwest Consulting Group (Interwest) to acquire the Easements. If you need additional information or have any questions, please feel free to contact Jeremy Miller , the agent assigned to you, at (949) 299-5309 or email at [email protected]
. We hope this offer meets your approval and that it will serve as the basis for a quick and mutually beneficial transaction. We look forward to hearing from you after you have an opportunity to review it and the attached enclosures. Thank you.

Sincerely,

Jason Farag, P.E.

Director of Public Works
City of Wildomar

Enclosures: Public Road and Utility Easement
Permanent Slope and Drainage Easement
Temporary Construction Easement Deed
Summary of Appraisal
Acquisition Brochure
Title VI Information
Agreement for Acquisition of Permanent Easement and Temporary Construction Easement DocuSign Envelope ID: F7C50372-2A0D-4985-A733-21DB7BC4FA0A 413495

Joseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillippo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org

4857-6951-0509 v1
August 17, 2023

Sent via U.S. Mail and FedEx 2 Day

John Chung Hwe Park
Moon Hwa Park
26305 N. Saint Marys Road
Mettawa, IL 60048

RE: City of Wildomar – Bundy Canyon Road Improvement Project, Segment 2 (CIP 26-2)

NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL OF THE

CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 366-320-006

Dear Property Owner:

This letter is written on behalf of the City of Wildomar (City) to give you notice pursuant to California Code of Civil Procedure Section 1245.235 that the City Council of the City of Wildomar (City Council) will consider the adoption of a Resolution of Necessity (Resolution) to condemn a portion of your real property at its regular meeting on September 13, 2023, at 6:00 p.m. at 23873 Clinton Keith Road, Suite 106, Wildomar, CA 92595.

The property which will be the subject of consideration is located in the City of Wildomar, APNs 366-320-006.

The Project for which this acquisition will be considered is the Bundy Canyon Road Improvement Project, Segment 2 – CIP 26-2 (Project). If the City adopts a Resolution, the City will commence an eminent domain proceeding in Riverside County Superior Court to acquire the property.

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

You have the right to appear and be heard by City Council on the three matters referred to in section 1240.040 as set forth above. Should you wish to appear and be heard on these matters, you must file a written request to appear and be heard within fifteen (15) days of this Notice.

DocuSign Envelope ID: 23811568-7CFC-4E17-9F99-E23E64DD37E2 414492

If you contend that any of the three conditions listed above have not been met, your written request to appear should indicate such condition(s). By designating which of the conditions form the basis of your challenge and explaining why you believe they have not been met, this will enable the City to authorize a full and expeditious review of the Project’s effect on your property. The City will conduct the review on behalf of the City Council and ask for your participation. Based on this review, the City will then prepare a report to be presented to the City Council at the meeting at which you intend to appear.

Your written request to appear must actually be on file with the City Clerk within the 15 -day period set forth above, which ends on September 1, 2023. The failure to file a written request to appear and be heard with the City Clerk by September 1, 2023, will result in the waiver of your right to appear and be heard by the City Council on the matters referred to in section 1240.030 as set forth above.

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595

For your convenience, if you are unable to personally appear or choose to submit written objections in place of a personal appearance, the City Council will consider any written objections so long as they are filed within the 15-day period set forth above. All written objections filed with the City Council within the 15-day period will become part of the official record of the meeting at which the Council hears the Resolution. We recommend that if you intend to appear, or if you intend to submit written objections in place of an appearance, you deliver your correspondence or mail it by Certified Mail, Return Receipt Requested to confirm that your response was received by the City Clerk with the 15-day period.

Please note that questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in determining whether a Resolution should be adopted. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in the eminent domain court procee ding. If you elect not to appear and be heard, you will still have the right to claim greater compensation in the court proceeding.

The City is moving forward at this time due to the requirements of the Project schedule. However, the City will continue negotiations regarding compensation, and remains hopeful that a settlement can be reached. Enclosed herewith is a copy of the Offer to Acquire provided to you dated July 18, 2023, which includes details regarding the portion of your property that may be acquired, and the offer to purchase issued by the City.

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: 23811568-7CFC-4E17-9F99-E23E64DD37E2 415493

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.6
Meeting Date: September 13, 2023
SUBJECT:

Consideration of Resolution of Necessity for Condemnation of Vacant Property located at 23263 Bundy Canyon Road for the Bundy Canyon Road Improvement Project, Segment 2 (CIP
026-2)
SUBMITTED BY:

Jason Farag
PREPARED BY:

Thomas D Jex

ACTION:
1 .

Review the evidence presented, including this staff report and public comments, and close the hearing; and
3 .

Adopt Resolution 2023- __ entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR FINDING AND

DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES.

SUMMARY:

To complete the construction associated with the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2) ("Project"), certain easements (or rights-of-way) are required from adjacent property owners. This item considers a Resolution of Necessity for Condemnation of Vacant Property over which easements are needed to allow for the construction of the Project.

416
BACKGROUND:

The Bundy Canyon Road Improvement Project (Overall Project) pertains to an approximate three-mile stretch of Bundy Canyon Road in the City of Wildomar. Segment 1 of the project pertains to the west portion of the Overall Project, between Cherry Street and east of Oak Canyon Drive. Segment 2 runs from east of Oak Canyon Drive to east of The Farm Road, and Segment 3 of the project is located between The Farm Road and Sunset Avenue (approximately one mile).

Most of Bundy Canyon Road contains two traffic lanes (one in each direction). The purpose of the Project is to widening the road to four lanes (two in each direction) and realign portions of the road. Improvements will also include a new multi-use trail, new storm drains, the construction of a center striped median, left-turn lanes at major intersections, signage, and the addition and modification of traffic signals at certain intersections. The Project is intended to improve traffic flow in the area and enhance the safety of the roadway.

DISCUSSION:

In order to complete the construction of the Project, the City must acquire a portion of the vacant parcel located at 23263 Bundy Canyon Road, and identified by accessor parcel number 367-250-007 (“Larger Parcel”). The Larger Parcel is zoned RR (Rural Residential) and is owned by 23263 Bundy Canyon Road, LLC (“Owner”).

For the purpose of the Project, the City is seeking to acquire three easements over the Larger Parcel: (1) a permanent road easement containing 11,306 square feet, (2) a permanent slope and drainage easement containing 37,159 square feet, and (3) a 24-month temporary construction (TCE) easement containing 7,791 square feet (collectively the “Easements”). The Easements are more particularly described and depicted in the proposed Resolution attached hereto.

On July 18, 2023, City Staff tendered an offer to the Owner in the amount of $125,000 for the Easements (“Offer”). The Offer was based on an appraisal prepared by a licensed appraiser.

417
Pursuant to California Government Code Sections 7267.2, 37350.5, and 40404, and California Code of Civil Procedure Section 1230.010 et seq., 1240.410 and 1240.020, and Section 19, Article I of the California Constitution, and other authorities, the City is authorized to acquire the aforementioned Easements by eminent domain, provided certain procedural steps are followed.

In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing, which was issued on August 17, 2023, in accordance with the applicable statutes (Attachment B).

The findings which need to be made, are as set forth in the Resolution of Necessity.

Specifically, the Council must find:
1 .

That the public interest and necessity require the acquisition of the proposed Project. As proposed, the Project will serve public purposes, as discussed above; 2 .

That City made the offer to purchase as required by section 7267.2 of the California Government Code. The Statutory Offer to Purchase was tendered to the owner of the Property on July 18, 2023.
5 .

The proposed Resolution of Necessity must be adopted by a two-thirds majority vote.

FISCAL IMPACT:

Funds are available for the acquisition of this Property and are included in the City’s FY 2023- 24 budget. Legal costs related to the eminent domain proceedings are unknown at this time and are dependent upon whether or not an agreement can be reached with the property owner. Legal costs will be paid for from the approved Project budget. Staff will track the related costs and bring forward a budget amendment if additional budget is needed for this process.

ACCOUNT CODE:

CIP 026-2: Fund No. 503-909-0002-58120 - Right of Way Acquisition

ATTACHMENTS:

Resolution
Presentation
A - Offer Letter
B - Notice of Hearing
419

RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF WILDOMAR FINDING AND

DETERMINING THAT THE PUBLIC

INTEREST, CONVENIENCE AND

NECESSITY REQUIRE THE ACQUISITION

OF CERTAIN PROPERTY FOR PUBLIC

PURPOSES

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Wildomar, by vote of two -thirds or more of its members, FINDS, DETERMINES, DECLARES, AND RESOLVES the following:

1. The City intends to co nstruct the Project, which is intended to improve traffic flow and enhance safety by widening th e roadway, constructing a multi -use trail , constructing storm drains, constructing a center striped median, left-turn lanes at major intersections, signage, and add and modify traffic signals at certain intersections along Bundy Canyon Road. The Project is for a public use.

2. To complete construction on the Project, the City must acquire the below describ ed easements (collectively “Easements”):

a. A permanent roadway easement comprised of a total of 11,306 square feet. The City may use the permanent road easement for public road and utility purposes, including drainage purposes, over, upon, across, and within the real property that is more particularly described and depicted in Exhibits “A” and “B” of Attachment 1, attached hereto and incorporated herein by reference.

b. A permanent slope and drainage easement comprised of a total of 37,159 square feet. The City may use the permanent slope and drainage easement for slope and drainage purposes, with the right of ingress and egress for maintenance over, upon, across, and w ithin the real property that is more particularly described and depicted in Exhibit s “A” and “B” of Attachment 2, attached hereto and incorporated herein by reference.

c. A 7,791 square foot temporary construction easement (“TCE”) allowing the City, its su ccessors a nd a ssigns, an easement for ingress, egress and construction purposes, including but not limited to the use of the easement by Grantee and its officers, employees, agents, contractors and subcontractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of roadway improvements, or other necessary uses, in connection with the Project over that certain real property (the "Prop erty") situated in the City of Wildom ar, County of Riverside, State of California, as depicted on Exhibit “A” of Attachment 3, attached hereto and incorporated herein by reference. This easement shall 420

include, without limitation, the right and privi lege of Authorized Personnel to (i) use, control, and occupy the Property in order to perform all activities as may be necessary for the construction of roadway improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temp orarily place, store, and operate tools, equipment, machinery, and mat erials on and with in the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property area. Hereinafter, items (i)-(iv) shall be collectively referred to herein as the “Work.” Duri ng the term of the easement, the owner of the Larger Parcel shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized Personnel for the Work. The City will at all times during the term of the easement allow the owner of the Larger Parcel to have and maintain reasonable access to and from the Larger Parcel.

At the expiration of the temporary construction easement, the City will restore or have restored the temporary constru ction easement area as reason ably a s possible to the pre -existing condition or to a condition mutually a greed upon within a reasonable time. The City, however, shall not be required to restore vegetation to the pre-existing condition. The City will at al l times during the TCE term allow the property owner(s) to have and maintain reasonable access to and from the Larger Parcel. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.

3. The Easements are necessary for the completion of the Project. The City is authorized to acquire the Easement s by eminent domain for the publ ic use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain L aw, Code of Civil Proced ure Section 1230.010 et seq ., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.220, 1240.320, 1240.330, 1240.350, 124 0.410, 1240.510, 1240.610, 1240.650; Government Code Section 37350.5, 40404, and other provisions of law.

6. Based upon the evidence presented in the staff report and materials provided to Council, and evidence and testimony presented at the hearing, the City Counc il of the City of Wildomar finds, determines, declares, and resolves each of the following:
421

A. The public interest and necessity require the proposed Project;

B. The proposed Project is planned or located in t he ma nner that will be most compatible with the greatest public good and the least private injury;

C. The interest in property sought to be acquired by eminent domain is necessary for the proposed Project;

D. The City has complied with all condition s and statutory requirements necessa ry to exercise the power of eminent domain to acquire the property describ ed herein, as well as any other matter regarding the right to take said property by eminent domain, in cluding but not limited to, making the offer required by Government Code Section 7267.2(a);

E. The City has complied with CEQA for t he Project. On September 10, 2014, in accordance with the California Environmental Quality Act (CEQA) and Sta te CEQA Guidelines §15070, the City Council adopted Resolution 2014 -48 certifying an Environmental Impact R eport for the Project, and on September 9, 2020, the City Council adopte d Resolution 2020 -62 approving an Addendum to the Environmental Impact Report for the Project . No add itional findings are necessary to comply with CEQA.; and

F. The Easement s herein described are a portion of the larger parcel located at 23263 Bundy Canyon Road and known by accessor parcel number 367-250-007 (“Larger Parcel”).

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Wildomar at a regular meeting held this 13th day of September, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Joseph Morabito, Mayor

ATTEST: APPROVED AS TO FORM:

_______________________________ ___________________________ Janet Morales, CMC, City Clerk Thomas D. Jex, City Attorney 422

ATTACHMENT 1

Permanent Road Easement

423
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED
DOCUMENTARY TRANSFER TAX $ NONE
A.P. No. 367-250-007 Per Gov’t Code 11922

PUBLIC ROAD & UTILITY EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, 23263 Bundy Canyon Road, LLC, a California limited liability company

as to (hereinafter referred to as “Grantor”) hereby grants to City of Wildomar, a California Municipal Corporation (hereinafter referred to as “City”), an easement for public road and utility purposes, including drainage purposes, over, upon, across, and within the real property in the County of Riverside, State of California, described as follows:

SEE LEGAL DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A" AND “B” AND MADE A PART HEREOF:

GRANTOR: 23263 Bundy Canyon Road, LLC, a California limited liability company

Dated: By:

Print Name: ______________________

Title: ____________________________

Dated: By:

Print Name: ______________________

Title: ____________________________

424

425

426

427

428

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)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Road & Utility Easement dated as of _________________, 2023, from 23263 Bundy Canyon Road, LLC is hereby accepted by the order of the City Council of the City of Wildomar on July 13, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

Print Name: _____________________

Title: ___________________________

ATTEST:

430

ATTACHMENT 2

Permanent Slope and Drainage Easement

431
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED
DOCUMENTARY TRANSFER TAX $ NONE
A.P. No. 367-250-007 Per Gov’t Code 11922

PERMANENT SLOPE & DRAINAGE EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, 23263 Bundy Canyon Road, LLC, a California limited liability company

SEE LEGAL DESCRIPTION ATTACHED HERETO AS
EXHIBITS "A" AND “B” AND MADE A PART HEREOF:

GRANTOR:

Dated: By:

Print Name: _______________________

Title: _____________________________

Dated: By:

Print Name: _______________________

Title: _____________________________

432

433

434

435

436

437

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)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Slope & Drainage Easement dated as of ______________, 20 23, from 23263 Bundy Canyon Road, LLC is hereby accepted by the order of the City Council of the City of Wildomar on July 13, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

Print: __________________________

Title: ___________________________

ATTEST:

439

ATTACHMENT 3

Temporary Construction Easement

440
Parcel File No.# PID 35
Project: Bundy Canyon Road- Segment 2
Recording requested by:

City Clerk of the City of Wildomar
WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Rd, Ste 201
Wildomar, CA 92595

FREE RECORDING REQUESTED – Essential to acquisition
City of Wildomar – See Gov’t Code 6103
A.P. No. 367-250-007 DOCUMENTARY TRANSFER TAX $ NONE

TEMPORARY CONSTRUCTION EASEMENT

FOR A VALUEABLE CONSIDERATION, receipt of which is hereby acknowledged, 23263 Bundy Canyon Road, LLC, a California limited liability company

hereinafter termed Grantor, does hereby grant to the CITY OF WILDOMAR, a municipal corporation, hereinafter termed Grantee, an easement for ingress, egress and construction purposes, including but not limited to the use of the easement by Grantee and its officers, employees, agents, contractors and subcontractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of a roadway improvements, or other necessary uses, in connection with the project over that certain real property (the "Property") situated in the City of Wildomar, County of Riverside, State of California, as depicted on Exhibit “A” attached hereto and incorporated herein by reference. This easement shall include, without limitation, the right and privilege of Authorized Personnel to (i) use, control, and occupy the Property in order to perform all activities as may be necessary for the construction of roadway improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temporarily place, store, and operate tools, equipment, machinery, and materials on and within the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property Area. Hereinafter, items (i)-(iv) shall be collectively referred to herein as the “Work.” During the term of the easement, Grantor shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized Personnel for the Work. Easement holder will at all times during the term of the easement allow for owner to have and maintain reasonable access to and from the larger property and maintain reasonable access to and from the larger property, and Grantor will state and coordinate work with owner so as not to unreasonably impede/hinder access to and within the larger property.

Grantee shall be responsible for any accident occurring on the Property during the term of this easement caused by Grantee's negligent use of the Property or by the negligent acts or conduct of its officers, employees, agents, contractors or subcontractors. It is further understood and agreed that this easement shall extend for a period of twenty-four (24) months commencing at the recordation of the Easement.

Grantee shall provide Grantor written notice upon recordation to confirm commencement date. In no event shall the TCE extend beyond September 30, 2025.

441
In the event Grantee is unable to complete the Project before the expiration of the Temporary Construction Easement period, Grantee shall have the right to extend the Temporary Construction Period for up to twenty-four (24) additional months. The Extension Period will begin upon written notice provided by the Grantee to the Grantor. Written notice may be provided by personal delivery, U.S. Mail, or via email, and will state the additional the number of months required to complete the project. The compensation for any such Temporary Construction Easement extension will be $100 for each month the TCE is extended, to be paid upon Grantee notification to Grantor of the need for an extension. In no event shall the TCE extension extend beyond September 30, 2027.

SEE DEPICTION ATTACHED HERETO AND MADE A PART HEREOF IN EXHIBIT “A”.

GRANTOR: 23263 Bundy Canyon Road, LLC, a California limited liability company

Dated: By: ________________________________

Print Name: __________________________

Title: ___________________________________

442

443

444

445

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)

446

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)

This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement dated as of ____________________, 2023, from 23263 Bundy Canyon Road, LLC is hereby accepted by the order of the City Council of the City of Wildomar on July 13, 2023, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2023

By: ____________________________

Print: __________________________

Title: ___________________________

ATTEST: ___________________________

447
Bundy Canyon Road
Improvement Project, Segment 2
(CIP 026-2)
23263 Bundy Canyon Road
Resolution of Necessity
Public Hearing
September 13, 2023
City of Wildomar
448
Property in
Question
Project Limits
THE FARM RD.

MONTE VISTA DR.
449
Approx. Area in
Question
450
J
oseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillipo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org July 18, 2023
23263 B
undy Canyon Road, LLC
Attn: Andy Sehremelis
2910 S. Archibald Avenue
Ontario, CA 91761
S
UBJECT: City of Wildomar – Bundy Canyon Road Widening Project-Segment 2 (CIP 26-2) Offer to Acquire – Permanent Road Easement, Slope and Drainage Easement and Temporary Construction Easement
Assessor’s Parcel Number: 367-250-007
D
ear Property Owner(s):

T
he City of Wildomar (City), as part of the Bundy Canyon Road Widening Project – Segment 2 (Project), is considering acquiring permanent easements on a portion of the subject property in which we believe you are the owner, along with a temporary easement interest. The City obtained a preliminary title report that lists 23263 Bundy Canyon Road, LLC, a California limited liability company to be the vested owner of the above-mentioned property. The permanent easements are described in the legal descriptions and depicted on the plat maps within the attached Public Road and Utility Easement, Permanent Slope and Drainage Easement, and the Temporary Construction Easement is described and depicted in the attached Temporary Construction Easement Deed, herein collectively referred to as the” Easements.” T
his offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Easements that the City is seeking to acquire, all parties with such interest must accept this offer.

A
s you are aware, the City had the Easements appraised to determine their fair market value and just compensation. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land. Based on the appraisal , the City offers to purchase a Public Road and Utility Easement and Permanent Slope and Drainage Easement , fre e and clear of any encumbrances, and a Temporary Construction Easement for One Hundred Twenty-Five Thousand Dollars and No/100, ($125,000) (“Purchase Price”).

I
f approved by the City Council, the City representative will sign and we will begin the escrow process to close this transaction. If you are not satisfied with the City’s offer, you are encouraged to present any material you believe to be relevant to the value of the Easements, which will be carefully considered by the City. If a voluntary agreement cannot be DocuSign Envelope ID: F7C50372-2A0D-4985-A733-21DB7BC4FA0A 451490

reached, the City may consider formal condemnation proceedings against the Easements through its power of eminent domain or abandon its intention to acquire the Easements, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Easements and can only do so after it holds a hearing at which all affected property owners have had an opportunity to appear and be heard.

Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Wildomar will reimburse an owner of property, up to the amount of $5,000, for the owner to secure an independent appraisal of property subject to a potential acquisition. If you wish to take advantage of this reimbursement, please forward me a copy of a retention letter or other contract you may have, or may enter into, with an appraiser. In order to qualify for this rei mbursement, the appraiser selected must be identified and must be a California Certified General Real Estate Appraiser. In addition, the retention letter or other contract, or other proof of appraisal retention acceptable to the City, must be submitted to the undersigned no later than sixty (60) days following the date of this letter.

The Easements are scheduled to be used within two years of their acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. Please be advised that this letter, the offer, and all other matters stated herein are made under the provisions of California Evidence Code Section 1152 and 1154, Section 1255.060 of the Code of Civil Procedure, and Sections 7267.1 and 7267.2 of the Government Code, and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the subject property, or in any other action.

The City has contracted with Interwest Consu lting Group (Interwest) to acquire the Easements. If you need additional information or have any questions, please feel free to contact Jeremy Miller, the agent assigned to you, at (949) 299-5309 or email at [email protected]
. We hope this offer meets your approval and that it will serve as the basis for a quick and mutually beneficial transaction. We look forward to hearing from you after you have an opportunity to r eview it and the attached enclosures. Thank you.

Sincerely,

Jason Farag, P.E.

Director of Public Works
City of Wildomar

4857-6951-0509 v1
August 17, 2023

Sent via U.S. Mail and FedEx 2 Day

23263 Bundy Canyon Road, LLC
Attn: Andy Sehremelis
2910 S. Archibald Avenue
Ontario, CA 91761

RE: City of Wildomar – Bundy Canyon Road Improvement Project, Segment 2 (CIP 26-2)

NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL OF THE

CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 367-250-007

Dear Property Owner:

The property which will be the subject of consideration is located in the City of Wildomar, APNs 367-250-007.

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

DocuSign Envelope ID: C92D20AB-2F3E-4456-A1FF-D1FE9C860226 453488

Your written request to appear must actually be on file with the City Clerk within the 15 -day period set forth above, which ends o n September 1, 2023. The failure to file a written request to appear and be heard with the City Clerk by September 1, 2023, will result in the waiver of your right to appear and be heard by the City Council on the matters referred to in section 1240.030 as set forth above.

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: C92D20AB-2F3E-4456-A1FF-D1FE9C860226 454489

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: September 13, 2023
SUBJECT:

Quality Business Incentive Program (QBIP)
SUBMITTED BY:

Kimberly Davidson
PREPARED BY:

Kimberly Davidson

ACTION:

Please receive and file.

SUMMARY:

The City of Wildomar continually strives to encourage and attract new, quality businesses and has the resources to help those businesses open quickly and thrive.

Some businesses may require further encouragement in the form of incentives to locate to a city or region and thus is the purpose of the Quality Business Incentive Program (QBIP). This program will serve as a guiding document to define the types of business uses that we feel will increase the quality of life for residents and visitors in Wildomar.

BACKGROUND:

Historically, cities have offered various forms of incentives in order to encourage quality development within their jurisdictions. These incentives take many forms and are typically tailored to the individual business' needs and operational requirements. The proposed incentive options within the QBIP will be negotiated on a per project basis, as applicable and following any governing federal, state, county, or local laws and codes and may require approval by City Council.

In April 2023, City Council tasked the Finance Committee with researching viable options for an incentive program. The QBIP included here is the proposed result of those Committee meetings.

DISCUSSION:

For the purpose of this program, a “Quality Business” in Wildomar will be defined as any business that provides a product, service or experience that:

Adds to the overall quality of life in Wildomar and the region; and 455
Significantly contributes to the tax base of Wildomar and/or the region; or Provides jobs that may allow for area residents to work close to home; or Adds a product, service or experience not found elsewhere in the region.

The possible incentives could include:

Subsidy or reduction of fees
Construction of off-site public improvements
Rebate of sales tax or transient occupancy tax (TOT)
Sale or lease of property
Fast-Tracking the process
City-prepared Specific Plan and environmental studies for certain areas of the City

FISCAL IMPACT:

There is no fiscal impact to this report as it is a receive and file item. Any negotiated incentives in the future will include a discussion regarding a fiscal impact, if any, at that time.

ATTACHMENTS:

Quality Business Incentive Program (QBIP).pptx
456

QUALITY BUSINESS

INCENTIVE PROGRAM
(QBIP)
City of Wildomar
2023
457

INTRODUCTION
ALL businesses in Wildomar are important; not just for the fiscal vitality of the city, but for providing necessary goods and services, creating an atmosphere, and hopefully providing a positive experience for our residents, business community and visitors. The City of Wildomar continually strives to encourage and attract new, quality businesses to the city and region and has resources to help those businesses open quickly and thrive.

Some businesses, as defined in this program, may require further encouragement/ incentives to locate to a city or region and thus is the purpose of the Quality Business Incentive Program (QBIP).

Wildomar Quality Business Incentive Program (QBIP)
458

DEFINITION OF QUALITY BUSINESS
A “Quality Business” in Wildomar will be defined as any business that provides a product, service or experience that:
 Adds to the overall quality of life in Wildomar and the region; and  Significantly contributes to the tax base of Wildomar and/or the region; or  Provides jobs that may allow for area residents to work close to home; or  Adds a product, service or experience not found elsewhere in the region.

Wildomar Quality Business Incentive Program (QBIP)
459

APPLICABLE BUSINESS TYPE EXAMPLES
Entertainment
Entertainment may include (but not limited to) movie theatres, stadiums, arenas, amusement parks and similar entertainment facilities and venues.

Healthcare
Healthcare may include (but not limited to) providing services and/or products to treat patients with curative, preventive, rehabilitative, and palliative care.

Hotels
Hotels include (but not limited to) establishments that provide paid lodging on a short- term basis. May include meals and other services for travelers and tourists. Must be a minimum of a 3-star hotel (offering unique amenities and providing quality service, focusing on business travel and multi-night stays).

Wildomar Quality Business Incentive Program (QBIP)
460

APPLICABLE BUSINESS TYPE EXAMPLES
Industrial
Industrial uses include (but not limited to) manufacturing, job creation, entertainment (if an allowed use).

Restaurants
Restaurants should provide a dining experience that is either upscale and/or meeting the current trends to provide a positive, memorable experience for residents and visitors.

Retail
Retail includes (but not limited to) selling quality and/or handmade, local merchandise and certain services to consumers.

Tourism
Tourism includes (but not limited to) creating or encouraging a purpose for people to travel into Wildomar to consume a product, service or experience.

Wildomar Quality Business Incentive Program (QBIP)
461

POSSIBLE INCENTIVES
Any negotiated incentive may require approval by
Wildomar City Council.

The “possible incentives” noted on the following page will be negotiated on a case-by-case basis, as applicable and
following any governing federal, state, county, or local laws and codes.

Wildomar Quality Business Incentive Program (QBIP)
462

POSSIBLE INCENTIVES
 Subsidy or reduction of fees
 Construction of off-site public improvements
 Rebate of sales tax or transient occupancy tax (TOT)
 Sale or lease of property
 Fast-Tracking the process
 City prepares a Specific Plan and performs environmental studies for certain areas of the City
Wildomar Quality Business Incentive Program (QBIP)
463

CITY OF WILDOMAR

CC - REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.2
Meeting Date: September 13, 2023
SUBJECT:

Update on Business Registrations: Fee Holiday and Audit SUBMITTED BY:

Kimberly Davidson
PREPARED BY:

Kimberly Davidson

ACTION:

Staff recommends that City Council continue with the Business Registration audit, but also impose an Administrative Citation as per Chapter 1.16.080 of the Wildomar Municipal Code as a penalty for continued non-compliance. The Administrative Citation is listed as the penalty for Business Registration violation in Chapter 5.68.160 of the WMC.

SUMMARY:

Business registrations are required for every person conducting or carrying on a business anywhere in the City per the Wildomar Municipal Code. Historically, we have only had about 1/3 of our total businesses in compliance with this Ordinance.

In September 2022, we began a 12-month "Fee Holiday," paid for with ARPA (American Rescue Plan Act) funds to encourage businesses to comply with our business registration ordinance.

BACKGROUND:

In January 2023, our third-party business registration administrator, HdL, began an audit to bring all businesses within Wildomar city limits into compliance with our business registration ordinance. When the audit began, we had approximately 668 valid registrations, which was anticipated to be 1/3 of the total businesses in Wildomar (est. 2,000). To date, 346 businesses have complied with the audit and received their registrations; 652 businesses still have not complied with the program.

DISCUSSION:

The registration process for a business is very important because it includes department review to ensure:

Compliance with zoning and land use
464
Compliance with all City Codes, including Building & Safety Codes, Fire Codes Ensure businesses are safe for the public
Certifications and licenses are current (eg Federal, State and County and Industry- specific)
Legal compliance
Hazardous material storage
Compliance with other entities (IRS, grant funding, etc)

FISCAL IMPACT:

There is no fiscal impact if we continue to have HdL send audit letters for Business Registration compliance. However, if we require HdL to take further action (e.g., phone calls or in-person visits to the businesses), HdL charges 35% of any fees collected.

ACCOUNT CODE:
100-410-4800-52300

ATTACHMENTS:

Business Registration Update_9-13-2023.pptx
465
Wildomar
Business
Registration
UPDATE
Kimberly Davidson
Economic Development Director

09.13.2023
466
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474

CITY OF WILDOMAR

CC - REGULAR MEETING

FUTURE AGENDA ITEMS
Meeting Date: September 13, 2023
SUBJECT:

Future Agenda Items
SUBMITTED BY:

Janet Morales

ACTION:

Title- Councilmember-Anticipated Date

1. Amend Fencing Requirements - Benoit - Nov 2023

2. Official reserve policy - Marquez - Nov 2023
475

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.1
Meeting Date: September 13, 2023
SUBJECT:

Cemetery Minutes - August 9, 2023 Regular Meeting
SUBMITTED BY:

Janet Morales
PREPARED BY:

Janet Morales

ACTION:

Approve the Minutes as presented
ATTACHMENTS:

1. 08-13-2023 Regular Minutes - WCD
476
Cemetery District – CC - Regular Meeting – Minutes – August 9, 2023

MINUTES

CITY OF WILDOMAR
CEMETERY DISTRICT –REGULAR MEETING
WEDNESDAY, AUGUST 9, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595

CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The regular session meeting was called to order by Chair Morabito at 7:52 P.M.

ROLL CALL
Members in attendance: Ashlee DePhillippo, Carlos Marquez, Dustin Nigg, Bridgette Moore, Joseph Morabito
Members absent: None.

Staff in Attendance: City Manager York, City Attorney Jex, City Clerk Morales, Community Development Director Bassi, Finance Manager Jantz, Public Works Director Farag, Administrative Services Director Schrader, Development Manager Stadnik, IT Technician Sung, and Community Services Director Torres.

PUBLIC COMMENTS
None.

BOARD COMMUNICATIONS
None.

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Carlos Marquez, seconded by Dustin Nigg to Approve the Agenda as presented.

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

Absent: None
477
Cemetery District – CC - Regular Meeting – Minutes – August 9, 2023

4. CEMETERY CONSENT CALENDAR
Moved by Bridgette Moore seconded by Dustin Nigg to Approve the Agenda as presented.

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

Absent: None

4.1 Cemetery Minutes - July 12 2023 - Regular Meeting
Approved the minutes as presented.

4.2 Amended Minutes - February 8, 2023 - Regular Meeting Approved the amended minutes as presented.

4.3 Warrant Register Cemetery July 2023
Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 07-13-2023 in the amount of $2,560.38.

2. Warrant Register dated 07-20-2023 in the amount of $53.93.

3. Warrant Register dated 07-27-2023 in the amount of $4,620.68.

For Fiscal Year 2023/2024

1. Warrant Register dated 07-03-2023 in the amount of $19,919.

2. Warrant Register dated 07-13-2023 in the amount of $591.21.

3. Warrant Register dated 07-20-2023 in the amount of $61.95.

4. Warrant Register dated 07-27-2023 in the amount of $283.32.

4.4 June 2023 Cemetery Treasurers Report
Approved the Treasurer’s Report for June 2023.

5. CEMETERY PUBLIC HEARINGS
None scheduled.

6. CEMETERY GENERAL BUSINESS
None scheduled.

GENERAL MANAGER REPORT
None.

FUTURE AGENDA ITEMS
None.
478
Cemetery District – CC - Regular Meeting – Minutes – August 9, 2023

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Morabito adjourned the meeting at 7:53 p.m.

Submitted by: Approved by:

Janet Morales, CMC Joseph Morabito
City Clerk Chair
479

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.2
Meeting Date: September 13, 2023
SUBJECT:

July 2023 Cemetery Treasurers Report
SUBMITTED BY:

Adam Jantz
PREPARED BY:

Adam Jantz

ACTION:

Staff recommends that the Board of Trustees approve the Treasurer’s Report for July 2023.

SUMMARY:

July 2023 Cemetery Treasurer's Report

DISCUSSION:

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

FISCAL IMPACT:

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

ACCOUNT CODE:
300-1011
301-1011

ATTACHMENTS:

July 2023 Cemetery Treasurer's Report
480

PERCENT

OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 405,536.80 $ 405,536.80 $ 405,536.80 28.64% 0 5.31% 300 $ 1,014,755.77 $ 1,014,755.77 $ 1,010,336.46 71.36% 771 Variable $ 1,420,292.57 $ 1,420,292.57 $ 1,415,873.26 100.00%
+ + WITHDRAWALS/

BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 403,714.61 $ - $ 1,822.19 $ - $ 405,536.80 5.31% 300 $ 1,011,781.84 $ - $ 2,973.93 $ - $ 1,014,755.77 Variable $ 1,415,496.45 $ - $ 4,796.12 $ - $ 1,420,292.57 City Treasurer
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.

I also certify that this report reflects all Government Agency pooled investments and all of the District's Bank Balances.

Heidi Schrader 8/31/2023
Heidi Schrader Date
TOTAL

WILDOMAR CEMETERY DISTRICT

TREASURER'S REPORT FOR

CASH AND INVESTMENT PORTFOLIO
July 2023

DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT
481

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.3
Meeting Date: September 13, 2023
SUBJECT:

Warrant Register Cemetery Aug 2023
SUBMITTED BY:

Nicholas Neidiffer
PREPARED BY:

Nicholas Neidiffer

ACTION:

Approve the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 08-17-2023 in the amount of $920.32.

For Fiscal Year 2023/2024

1. Warrant Register dated 08-03-2023 in the amount of $3,532.23.

2. Warrant Register dated 08-10-2023 in the amount of $169.49.

3. Warrant Register dated 08-17-2023 in the amount of $704.74.

4. Warrant Register dated 08-31-2023 in the amount of $5,237.93.

DISCUSSION:

The Wildomar Cemetery District requires that the Trustees audit payments of demands and direct the General Manager to issue checks. The Warrant Registers are submitted for approval.

FISCAL IMPACT:

These Warrant 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 and 2023/24 Budget.

ATTACHMENTS:

4.2 Warrant Reg CEM Aug 2023 Voucher Listings.pdf
482
08/17/2023
Voucher List
City of Wildomar
1 12:04:53PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217045 8/17/2023 000499 INLAND EMPIRE LANDSCAPE INC 40836 PROVIDE A 3-MEN CREW TO TRIM WEEDS THROU
850.00
Total : 850.00
217046 8/17/2023 001258 SUNBELT RENTALS, INC. 140848137-0001 CEMETERY EQUIPMENT RENTAL 70.32 Total : 70.32
Bank total : 920.32 2 Vouchers for bank code : wf
920.32Total vouchers :Vouchers in this report 2
483
08/03/2023
Voucher List
City of Wildomar
1 4:47:29PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 216990 8/3/2023 000367 CINTAS CORPORATION 5168740148 CEMETERY FIRST AID & SAFETY 252.92 Total : 252.92
216991 8/3/2023 000367 CINTAS CORPORATION 4162576227 STAFF UNIFORM & TOWEL MAINTENANCE 141.66 141.66STAFF UNIFORM & TOWEL MAINTENANCE4163260141
Total : 283.32
216992 8/3/2023 001760 DAVIS, NEHEMIAH 73123 BOOT REIMBURSEMENT 179.43 Total : 179.43
216993 8/3/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12496235 06/20/23-07/19/23 CEMETERY WATER

SERVICE
2,338.15
Total : 2,338.15
216994 8/3/2023 000941 FRONTIER 71923 CEMETERY VOICE/INTERNET SVC 07/19/23-08/

61.14 Total : 61.14
216995 8/3/2023 000048 MURRIETA LOCK AND SAFE, INC. 11018 CEMETERY BUILDING REPAIR (LOCK) 417.27 Total : 417.27
Bank total : 3,532.23 6 Vouchers for bank code : wf
3,532.23Total vouchers :Vouchers in this report 6
484
08/10/2023
Voucher List
City of Wildomar
1 5:16:23PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217022 8/10/2023 000593 TORRES, DANIEL 80823 REIMBURSEMENT FOR SUPPLIES & FLEET WASH
169.49
Total : 169.49
Bank total : 169.49 1 Vouchers for bank code : wf
169.49Total vouchers :Vouchers in this report 1
485
08/17/2023
Voucher List
City of Wildomar
1 12:05:23PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217047 8/17/2023 000367 CINTAS CORPORATION 4163998024 STAFF UNIFORM & TOWEL MAINTENANCE 141.66 Total : 141.66
217048 8/17/2023 000186 RIGHTWAY 351034 (2) CEMETERY RESTROOM

MAINTENANCE/SERVIC
449.55
Total : 449.55
217049 8/17/2023 001720 STERICYCLE, INC 8004360530B CONTRACTUAL SHREDDING SVC 113.53 Total : 113.53
Bank total : 704.74 3 Vouchers for bank code : wf
704.74Total vouchers :Vouchers in this report 3
486
08/31/2023
Voucher List
City of Wildomar
1 8:37:57AM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217092 8/31/2023 000367 CINTAS CORPORATION 4164666852 STAFF UNIFORM & TOWEL MAINTENANCE 141.66 141.66STAFF UNIFORM & TOWEL MAINTENANCE4165373379
141.66STAFF UNIFORM & TOWEL MAINTENANCE4166085011
Total : 424.98
217093 8/31/2023 001338 DEANZA TERMITE & PEST CONTROL, INC632845B PEST CONTROL CEMETERY (8/16/23) 55.00 Total : 55.00
217094 8/31/2023 001184 DYLAN DIXON TREE SERVICES 2058 0000467 TREE SERVICES 4,700.00 Total : 4,700.00
217095 8/31/2023 000790 SPARKLETTS 81223 THROUGH 08/12/23 DRINKING WATER - CEMETE

57.95 Total : 57.95
Bank total : 5,237.93 4 Vouchers for bank code : wf
5,237.93Total vouchers :Vouchers in this report 4
487

4857-6951-0509 v1
August 17, 2023

Sent via U.S. Mail and FedEx 2 Day

23263 Bundy Canyon Road, LLC
Attn: Andy Sehremelis
2910 S. Archibald Avenue
Ontario, CA 91761

RE: City of Wildomar – Bundy Canyon Road Improvement Project, Segment 2 (CIP 26-2)

NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL OF THE

CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 367-250-007

Dear Property Owner:

The property which will be the subject of consideration is located in the City of Wildomar, APNs 367-250-007.

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

DocuSign Envelope ID: C92D20AB-2F3E-4456-A1FF-D1FE9C860226 453488

Your written request to appear must actually be on file with the City Clerk within the 15 -day period set forth above, which ends o n September 1, 2023. The failure to file a written request to appear and be heard with the City Clerk by September 1, 2023, will result in the waiver of your right to appear and be heard by the City Council on the matters referred to in section 1240.030 as set forth above.

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: C92D20AB-2F3E-4456-A1FF-D1FE9C860226 454489
J
oseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillipo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org July 18, 2023
23263 B
undy Canyon Road, LLC
Attn: Andy Sehremelis
2910 S. Archibald Avenue
Ontario, CA 91761
S
UBJECT: City of Wildomar – Bundy Canyon Road Widening Project-Segment 2 (CIP 26-2) Offer to Acquire – Permanent Road Easement, Slope and Drainage Easement and Temporary Construction Easement
Assessor’s Parcel Number: 367-250-007
D
ear Property Owner(s):

T
he City of Wildomar (City), as part of the Bundy Canyon Road Widening Project – Segment 2 (Project), is considering acquiring permanent easements on a portion of the subject property in which we believe you are the owner, along with a temporary easement interest. The City obtained a preliminary title report that lists 23263 Bundy Canyon Road, LLC, a California limited liability company to be the vested owner of the above-mentioned property. The permanent easements are described in the legal descriptions and depicted on the plat maps within the attached Public Road and Utility Easement, Permanent Slope and Drainage Easement, and the Temporary Construction Easement is described and depicted in the attached Temporary Construction Easement Deed, herein collectively referred to as the” Easements.” T
his offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Easements that the City is seeking to acquire, all parties with such interest must accept this offer.

A
s you are aware, the City had the Easements appraised to determine their fair market value and just compensation. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land. Based on the appraisal , the City offers to purchase a Public Road and Utility Easement and Permanent Slope and Drainage Easement , fre e and clear of any encumbrances, and a Temporary Construction Easement for One Hundred Twenty-Five Thousand Dollars and No/100, ($125,000) (“Purchase Price”).

I
f approved by the City Council, the City representative will sign and we will begin the escrow process to close this transaction. If you are not satisfied with the City’s offer, you are encouraged to present any material you believe to be relevant to the value of the Easements, which will be carefully considered by the City. If a voluntary agreement cannot be DocuSign Envelope ID: F7C50372-2A0D-4985-A733-21DB7BC4FA0A 451490

Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Wildomar will reimburse an owner of property, up to the amount of $5,000, for the owner to secure an independent appraisal of property subject to a potential acquisition. If you wish to take advantage of this reimbursement, please forward me a copy of a retention letter or other contract you may have, or may enter into, with an appraiser. In order to qualify for this rei mbursement, the appraiser selected must be identified and must be a California Certified General Real Estate Appraiser. In addition, the retention letter or other contract, or other proof of appraisal retention acceptable to the City, must be submitted to the undersigned no later than sixty (60) days following the date of this letter.

The Easements are scheduled to be used within two years of their acquisition and is therefore not available to be leased back under the provisions of California Code of Civil Procedure 1263.615. Please be advised that this letter, the offer, and all other matters stated herein are made under the provisions of California Evidence Code Section 1152 and 1154, Section 1255.060 of the Code of Civil Procedure, and Sections 7267.1 and 7267.2 of the Government Code, and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the subject property, or in any other action.

The City has contracted with Interwest Consu lting Group (Interwest) to acquire the Easements. If you need additional information or have any questions, please feel free to contact Jeremy Miller, the agent assigned to you, at (949) 299-5309 or email at [email protected]
. We hope this offer meets your approval and that it will serve as the basis for a quick and mutually beneficial transaction. We look forward to hearing from you after you have an opportunity to r eview it and the attached enclosures. Thank you.

Sincerely,

Jason Farag, P.E.

Director of Public Works
City of Wildomar

4857-6951-0509 v1
August 17, 2023

Sent via U.S. Mail and FedEx 2 Day

John Chung Hwe Park
Moon Hwa Park
26305 N. Saint Marys Road
Mettawa, IL 60048

RE: City of Wildomar – Bundy Canyon Road Improvement Project, Segment 2 (CIP 26-2)

NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL OF THE

CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 366-320-006

Dear Property Owner:

The property which will be the subject of consideration is located in the City of Wildomar, APNs 366-320-006.

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

DocuSign Envelope ID: 23811568-7CFC-4E17-9F99-E23E64DD37E2 414492

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: 23811568-7CFC-4E17-9F99-E23E64DD37E2 415493
J
oseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillipo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org July 18, 2023
J
ohn Chung Hwe Park
Moon Hwa Park
26305 N. Saint Marys Road
Mettawa, IL 60048
S
UBJECT: City of Wildomar – Bundy Canyon Road Widening Project-Segment 2 (CIP 26-2) Offer to Acquire – Public Road and Utility Easement, Permanent Slope and Drainage Easement, and Temporary Construction Easement
Assessor’s Parcel Number: 366-320-006
Property Address: 23690 Bundy Canyon Road, Wildomar, CA 92595 D
ear Property Owner(s):

Sincerely,

Jason Farag, P.E.

Director of Public Works
City of Wildomar

Joseph Morabito, Mayor, Dist. 3 23873 Clinton Keith Road., Ste 201 Bridgette Moore, Mayor Pro Tem, Dist. 4 Wildomar, CA 92595 Ashlee DePhillipo, Council Member, Dist. 5 951.677.7751 Phone Carlos Marquez, Council Member, Dist. 1 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.Cityof Wildomar.org

4857-6951-0509 v1

August 8, 2023

SENT VIA U.S. MAIL AND FED-EX 2-DAY DELIVERY

Jeffrey McElrath
20995 Alameda Del Monte
Wildomar, CA 92595

RE: City of Wildomar - Palomar Street Widening and Sidewalk Improvement Project (CIP 28-2)

AMENDED NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL

OF THE CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 376-051-001 AND 002

Dear Property Owner:

The property which will be the subject of consideration is located in the City of Wildomar, APNs 376-051-001 and 376-051-002. The Project for which this acquisition will be considered is the Palomar Street Widening and Sidewalk Improvement Project – CIP 28-2 (Project). If the City adopts a Resolution, the City will commence an eminent domain proceeding in Riverside County Superior Court to acquire the property.

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

DocuSign Envelope ID: 6366DD90-7E38-4247-8F5E-1FF7E4231BB3 360496

Your written request to appear must actually be on file with the City Clerk within the 15 -day period set forth above, which ends on August 23, 2023. The failure to file a written request to appear and be heard with the City Clerk by August 23, 2023 will result in the waiver of your right to appear and be heard by the City Council on the matters referred to in section 1240.030 as set forth above.

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595

Please note that questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the City Council will not consider such in determining whether a Resolution should be adopted. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in the eminent domain court proceeding. If you elect not to appear and be heard, you will still have the right to claim greater compensation in the court proceeding.

The City is moving forward at this time due to the requirements of the Project schedule. However, the City will continue negotiations regarding compensation, and remains hopeful that a settlement can be reached. Enclosed herewith is a copy of the Offer to Acquire provided to you on December 20, 2022, which includes details regarding the portion of your property that may be acquired, and the offer to purchase issued by the City.

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: 6366DD90-7E38-4247-8F5E-1FF7E4231BB3 361497

4857-6951-0509 v1

August 8, 2023

SENT VIA U.S. MAIL FED-EX 2-DAY DELIVERY

Jeffrey McElrath
53877 Beach Loop Road
Bandon, OR 97411

RE: City of Wildomar - Palomar Street Widening and Sidewalk Improvement Project (CIP 28-2)

AMENDED NOTICE OF HEARING REGARDING THE INTENTION OF THE CITY COUNCIL

OF THE CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 376-051-001 AND 002

Dear Property Owner:

In determining whether to adopt the Resolution, the City Council will consider whether the following three conditions referred to in Code of Civil Procedure section 1240.030 are established:

1. The public interest and necessity require the Project.

2. The Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.

3. The property sought to be acquired is necessary for the Project.

The City Council will also consider whether the offer required by Government Code Section 7267.2 has been made to the owner of record.

DocuSign Envelope ID: 46E31B39-2E62-4C37-BC8E-97900FA7CE51 358498

All requests to appear must be sent for filling to:

City Clerk - City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595

Please note that questions regarding the amount of compensation to be paid or the value of the property to be acquired are not part of this proceeding and the Ci ty Council will not consider such in determining whether a Resolution should be adopted. All issues related to the compensation to be awarded for the acquisition of your property will be resolved in the eminent domain court proceeding. If you elect not to appear and be heard, you will still have the right to claim greater compensation in the court proceeding.

The City is moving forward at this time due to the requirements of the Project schedule. However, the City will continue negotiations regarding compensation, and remains hopeful that a settlement can be reached. Enclosed herewith is a copy of the Offer to Acquire provided to you on December 20, 2022, which includes details regarding the portion of your property that may be acquired, and the offer to purchase issued by the City.

If you have any questions, ple ase feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299 - 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
DocuSign Envelope ID: 46E31B39-2E62-4C37-BC8E-97900FA7CE51 359499

Wildomar City CouncilSeptember 13, 2023

Wildomar City Council
September 13, 2023