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Minutes

Wildomar City Council
September 13, 2023

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Minutes
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September 13, 2023
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Wildomar City Council
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MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, SEPTEMBER 13, 2023

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Closed Session: 4:00 PM | Regular Session 6:00 PM
CALL TO ORDER – CLOSED SESSION - 4:00 P.M.

The special closed session was called to order at 4:00 p.m.

ROLL CALL
Members in attendance:

Joseph Morabito, Bridgette Moore, and Carlos Marquez
Members absent:

Ashlee DePhillippo, and Dustin Nigg

PUBLIC COMMENTS
No public comments.

CLOSED SESSION

1. The City Council met in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Performance Evaluation.

Title: City Manager.

2. The City Council met in closed session to hold a conference with its Labor Negotiator regarding Unrepresented Employee pursuant to Government Code 54957.6.

Agency representative: Joseph Morabito
Unrepresented employee: City Manager

RECONVENE INTO OPEN SESSION
The City Council reconvened into open session at 6:00 p.m. with all members present except for Councilmember Nigg.

ANNOUNCEMENTS
City Attorney Jex stated there are no reportable actions.

ADJOURN CLOSED SESSION
There being no further business, Mayor Morabito adjourned the special closed session meeting at 6:00 p.m.

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

The regular session of the City Council Meeting was called to order by Mayor Morabito at 6:00 p.m.

ROLL CALL
Members in attendance:

Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, and Carlos Marquez Members absent:

Dustin Nigg
Councilmember Nigg's absence was excused.

Staff in attendance: City Manager York, City Attorney Jex, City Clerk Morales, Community Development Director Bassi, Economic Development Director Davidson, Public Works Director Farag, Administrative Services Director Schrader, Community Services Director Torres, Code Enforcement Supervisor Berroteran and Human Resources/Risk Manager Wolf.

FLAG SALUTE
The flag salute was led by Mayor Morabito.

PRESENTATIONS

1. Presented Proclamation for Constitution Week

DEPARTMENT REPORTS
Fire Department Quarterly Update May - June 2023
Chief Olsen presented the report.

City Clerk Department Update
City Clerk Morales presented the report.

General Plan Update Progress Report #15
Community Development Director Bassi presented the report.

PUBLIC COMMENTS
Ginger Greaves provided public comment.

COUNCIL COMMUNICATIONS
The City Council members spoke regarding various committees, commissions, and boards that they serve on locally and regionally and community events including:

1. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

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

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

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

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

Absent: Dustin Nigg
1)

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

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

Absent: Dustin Nigg

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

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

1.2)
Minutes - July 18, 2023 - Special Meeting
Approve the minutes as presented
Approved the minutes as presented

1.3)
July 2023 City Treasurers Report
Staff recommends that the City Council approve the Treasurer’s Report for July 2023.

Approved the Treasurer’s Report for July 2023.

1.4)
Second Amendment to Agreement with Spicer Consulting Group Approve and Authorize the City Manager to Execute the Second Amendment to the Agreement with Spicer Consulting Group For On-Call Assessment Engineering and Special Tax Services Approved and Authorized the City Manager to Execute the Second Amendment to the Agreement with Spicer Consulting Group For On-Call Assessment Engineering and Special Tax Services.

1.5)
CIP 025-1 Clinton Keith Road Widening - Retain Interwest Consulting Group to Provide Right of Way Acquisition Services Authorize the Public Works Director to execute a Task Order in the amount of $125,000 with Interwest Consulting Group to provide right-of-way acquisition services for the Clinton Keith Road Widening Project (CIP 025-1).

Authorized the Public Works Director to execute a Task Order in the amount of $125,000 with Interwest Consulting Group to provide right-of-way acquisition services for the Clinton Keith Road Widening Project (CIP 025-1).

1.6)
Cooperative Agreement with Riverside County Flood Control and Water Conservation District and D.R. Horton Los Angeles Holdings Company, Inc., a California corporation. - Project No. 22-0147, Tract Map 31896 Authorize the City Manager to execute the Cooperative Agreement with Riverside County Flood Control and Water Conservation District (RCFC) and D.R. Horton Los Angeles Holding Company, Inc., a California corporation (Developer).

Authorize the City Manager to make minor changes to the Cooperative Agreement if deemed necessary.

1. Authorized the City Manager to execute the Cooperative Agreement with Riverside County Flood Control and Water Conservation District (RCFC) and D.R. Horton Los Angeles Holding Company, Inc., a California corporation (Developer).

2. Authorized the City Manager to make minor changes to the Cooperative Agreement if deemed necessary.

1.7)
Consideration of annual reporting of completed State mandated fire and life safety inspections by the City of Wildomar in compliance with SB 1205 for Fiscal Year 2022-2023.

Adopt a resolution entitled:

RESOLUTION NO. 2023- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146, and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE Adopted a resolution entitled:

RESOLUTION NO. 2023- 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146, and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE

1.8)
City of Wildomar Write-Off Of Uncollectible Accounts Policy Adopt a Resolution entitled: RESOLUTION NO. 2023- ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS POLICY AND ESTABLISHING AUTHORITY LEVELS TO WRITE-OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE Adopted a Resolution entitled:

RESOLUTION NO. 2023 - 43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A WRITE-OFF OF UNCOLLECTIBLE ACCOUNTS POLICY AND ESTABLISHING AUTHORITY LEVELS TO WRITE-OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE

1.9)
Second Amendment to Agreement with Commercial Building Management Inc. for Facilities Janitorial Services for the City of Wildomar Parks.

Approve and Authorize the City Manager to execute an Agreement for Service Contract with Commercial Building Management Inc. (CBM Inc.) to provide Facilities Janitorial Services to the City of Wildomar Parks.

Approved and Authorized the City Manager to execute an Agreement for Service Contract with Commercial Building Management Inc. (CBM Inc.) to provide Facilities Janitorial Services to the City of Wildomar Parks.

1.10)
Holiday Home Decoration and Calendar Contest
To receive and file the Home Decorating and Calendar Contest by the Community Services Department.

Received and filed the Home Decorating and Calendar Contest by the Community Services Department.

1.11)
Warrant Register Aug 2023
Approve the following:

For Fiscal Year 2022/20231.    Warrant Register dated 08-03-2023 in the amount of $529,938.55.2.    Warrant Register dated 08-10-2023 in the amount of $96,724.493.    Warrant Register dated 08-17-2023 in the amount of $96,991.60.4.    Warrant Register dated 08-24-2023 in the amount of $157,608.90.5.    Warrant Register dated 08-31-2023 in the amount of $5,892.96.

For Fiscal Year 2023/20246.    Warrant Register dated 08-03-2023 in the amount of $94,508.33.7.    Warrant Register dated 08-10-2023 in the amount of $84,099.64.8.    Warrant Register dated 08-17-2023 in the amount of $76,415.14.9.    Warrant Register dated 08-24-2023 in the amount of $175,524.78.10.    Warrant Register dated 08-31-2023 in the amount of $218,243.62.11.    Wire Transfer Register dated 07-31-2023 in the amount of $112,600.61.12.    Payroll Register dated 08-01-2023 in the amount of $357,871.77.

Approved the following:

For Fiscal Year 2022/2023

1. Warrant Register dated 08-03-2023 in the amount of $529,938.55.

2. Warrant Register dated 08-10-2023 in the amount of $96,724.49

3. Warrant Register dated 08-17-2023 in the amount of $96,991.60.

4. Warrant Register dated 08-24-2023 in the amount of $157,608.90.

5. Warrant Register dated 08-31-2023 in the amount of $5,892.96.

For Fiscal Year 2023/2024

6. Warrant Register dated 08-03-2023 in the amount of $94,508.33.

7. Warrant Register dated 08-10-2023 in the amount of $84,099.64.

8. Warrant Register dated 08-17-2023 in the amount of $76,415.14.

9. Warrant Register dated 08-24-2023 in the amount of $175,524.78.

10. Warrant Register dated 08-31-2023 in the amount of $218,243.62.

11. Wire Transfer Register dated 07-31-2023 in the amount of $112,600.61.

12. Payroll Register dated 08-01-2023 in the amount of $357,871.77.

1.12)
Amendment to FY 2023-2026 Urban County Cooperating Agreements Authorize the Mayor to execute the amendment.

Authorized the Mayor to execute the amendment.
2)

PUBLIC HEARINGS

2.1)
Public Hearing for Annexation No. 5 (Avalino, TR31896) - Consideration of Territory to be Annexed into Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring Election Results for CFD 2022-1 (Services), Annexation No. 5 Public Works Director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Ashlee DePhillippo to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 5) Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 5) Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

2.2)
Public Hearing for Annexation No. 6 (Tres Lagos Apartments, LLA 2022-004) - Consideration of Territory to be Annexed into Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 6 Public Works Director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt Resolution entitled:

RESOLUTION NO. 2023 - 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 6) Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 6) Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

2.3)
Public Hearing - Establishment of Community Facilities District No. 2023-1 (Avalino) Public Works Director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 48
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR, AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, CALLING AN ELECTION AND APPROVING AND AUTHORIZING CERTAIN ACTIONS RELATED THERETO Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $15,000,000 WITHIN COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR AND CALLING AN ELECTION THEREIN Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR CERTIFYING ELECTION RESULTS Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg
Moved by Joseph Morabito to Introduce and read by title only:

ORDINANCE NO. 235
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR AUTHORIZING THE LEVY OF SPECIAL TAXES Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: None

Absent: Dustin Nigg

2.4)
Consideration of Resolution of Necessity for Condemnation of Vacant Property located at the Southeast Corner of Palomar Street and Gruwell Street for the Palomar Street Widening Project, Phase 2 (CIP 028-2) City Attorney Jex and Public Works director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to 1. Find that 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, and that no additional CEQA findings are required for the Project.

2. Adopt a Resolution entitled:

RESOLUTION NO. 2023- 51

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

Absent: Dustin Nigg

2.5)
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) City Attorney Jex and Public Works Director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to 1. 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.

2. Adopt a Resolution entitled:

RESOLUTION NO. 2023 - 54
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.

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

Absent: Dustin Nigg

2.6)
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) City Attorney Jex and Public Works Director Farag presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to 1. 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.

2. Adopt a Resolution Entitled:

RESOLUTION NO. 2023 - 56

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

Absent: Dustin Nigg
3)

GENERAL BUSINESS

3.1)
Quality Business Incentive Program (QBIP)
Economic Development Director Davidson presented the staff report.

Sherrie Munroe, 4M Engineering, provided public comment in favor of the item.

Patrick Ellis, Murrieta Wildomar Chamber of Commerce, provided public comment in favor of the item.

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

3.2)
Update on Business Registrations: Fee Holiday and Audit Councilmember DePhillippo recused herself due to a potential conflict of interest.

Economic Development Director Davidson presented the staff report.

Moved by Bridgette Moore; seconded by Carlos Marquez to 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.

Motion Approved: 3 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez Voting Against: None
Abstain: Ashlee DePhillippo

Absent: Dustin Nigg

CITY MANAGER REPORT
City Manager York presented the report.

FUTURE AGENDA ITEMS
Mayor Morabito requested a future agenda item for the Parks Subcommittee to discuss a City Wide Cleanup.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the meeting at 7:48 p.m.

Submitted by:
_____________________________
Janet Morales Garcia, CMC
City Clerk

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