MINUTES
CITY OF WILDOMAR
CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, OCTOBER 11, 2023
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Closed Session: 5:30 PM | Regular Session 6:00 PM
CALL TO ORDER – CLOSED SESSION - 5:30 P.M.
The Regular Closed Session was called to order by Mayor Morabito at 5:30 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
The City Council met in closed session pursuant to the provisions of Government Code Section 54956.8 to confer with legal counsel and conference with real property negotiators as follows:
Property: 367-250-007, Northwest corner of Bundy Canyon Road and the Farm Road.
Agency negotiators: Dan York
Negotiating parties: Ambient Pacific
Under negotiation: Instruction regarding price and terms of payment.
Project: Palomar/Gruwell Street Widening Project (CIP 28-2) Property: See below.
Agency negotiators: Dan York
Negotiating parties: See below.
Under negotiation: Instruction regarding price and terms of payment.
APN | Property Address | Property Owner
368-091-026 | Located on Palomar St, 100' southeasterly of Cert Street. | Jimenez, et al 368-091-025 | Southerly corner of Palomar & Cert Street | Sarwar Family Trust
RECONVENE INTO OPEN SESSION
The City Council reconvened into Closed Session at 6:03 p.m. with all members present except for Councilmember DePhillippo.
ANNOUNCEMENTS
City Attorney Jex stated there are no reportable actions.
ADJOURN CLOSED SESSION
There being no further business, Mayor Morabito adjourned the regular closed session meeting at 6:03 p.m.
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The Regular Meeting of the Wildomar City Council was called to order by Mayor Morabito at 6:03 p.m.
ROLL CALL
Members in attendance:
Joseph Morabito, Bridgette Moore, Carlos Marquez, and Dustin Nigg Members absent:
Ashlee DePhillippo
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 Councilmember Nigg.
PRESENTATIONS
Elsinore Valley Municipal Water District presented the Sewer and Water Shortage Surcharges Update.
DEPARTMENT REPORTS
General Plan Update Progress Report #16
Community Development Director Bassi presented the report.
Public Works/Engineering - Road Construction Updates
Public Works Director Farag presented the report.
Police Department Update
Captain Rayls introduced Lt. Clark.
Councilmember Nigg left the Chambers at 6:42 p.m.
PUBLIC COMMENTS
The following individuals provided public comment:
1. Jeff Renfrow, Resident
2. Gila Mahgereftoh, Resident
3. Abraham Mahgereftoh
4. Sandy Renfrow, Resident
5. Don Saunders, Resident
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
Councilmember Nigg returned to the Chambers.
APPROVAL OF THE AGENDA AS PRESENTED
Moved by Carlos Marquez; seconded by Dustin Nigg to approve the Agenda as presented.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
1)
CONSENT CALENDAR
Moved by Carlos Marquez; seconded by Dustin Nigg to approve the Consent Calendar.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
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)
Warrant Register September 2023
Approve the following:
For Fiscal Year 2022/20231. Warrant Register dated 09-07-2023 in the amount of $86,626.88.2. Warrant Register dated 09-14-2023 in the amount of $9,024.66.3. Warrant Register dated 09-21-2023 in the amount of $3,809.40.4. Warrant Register dated 09-28-2023 in the amount of $16,186.00.
For Fiscal Year 2023/20245. Warrant Register dated 09-06-2023 in the amount of $157,042.68.6. Warrant Register dated 09-07-2023 in the amount of $47,919.67.7. Warrant Register dated 09-12-2023 in the amount of $104,616.23.8. Warrant Register dated 09-14-2023 in the amount of $488,190.44.9. Warrant Register dated 09-21-2023 in the amount of $184,508.11.10. Warrant Register dated 09-28-2023 in the amount of $585,036.84.11. Wire Transfer Register dated 07-31-2023 in the amount of $54,501.27.12. Payroll Register dated 08-01-2023 in the amount of $213,610.63.
Approved the following:
For Fiscal Year 2022/2023
1. Warrant Register dated 09-07-2023 in the amount of $86,626.88.
2. Warrant Register dated 09-14-2023 in the amount of $9,024.66.
3. Warrant Register dated 09-21-2023 in the amount of $3,809.40.
4. Warrant Register dated 09-28-2023 in the amount of $16,186.00.
For Fiscal Year 2023/2024
5. Warrant Register dated 09-06-2023 in the amount of $157,042.68.
6. Warrant Register dated 09-07-2023 in the amount of $47,919.67.
7. Warrant Register dated 09-12-2023 in the amount of $104,616.23.
8. Warrant Register dated 09-14-2023 in the amount of $488,190.44.
9. Warrant Register dated 09-21-2023 in the amount of $184,508.11.
10. Warrant Register dated 09-28-2023 in the amount of $585,036.84.
11. Wire Transfer Register dated 07-31-2023 in the amount of $54,501.27.
12. Payroll Register dated 08-01-2023 in the amount of $213,610.63.
1.3)
August 2023 City Treasurers Report
Approve the Treasurer’s Report for August 2023.
Approved the Treasurer’s Report for August 2023.
1.4)
Second Reading and Adoption of Special Tax Ordinance for Community Facilities District No. 2023-1 (Tract 31896, Avalino) Conduct the second reading of and adopt an ordinance entitled:
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 Conducted the second reading of and adopted an ordinance entitled:
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
1.5)
Acceptance of FY2021-22 Annual Comprehensive Financial Report Receive and file the FY 2021-22 Annual Comprehensive Financial Report.
Received and filed the FY 2021-22 Annual Comprehensive Financial Report.
1.6)
Revision to FY2021-22 GANN Limit
Adopt a Resolution entitled:
RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE REVISED APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22 Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE REVISED APPROPRIATIONS LIMIT FOR FISCAL YEAR 2021-22
1.7)
FY 2021-22 Measure Z Oversight Advisory Committee Annual Report Receive and file the Measure Z Oversight Advisory Committee’s FY 2021-22 Annual Report.
Received and filed the Measure Z Oversight Advisory Committee’s FY 2021-22 Annual Report.
1.8)
Acceptance of FY2021-22 Measure AA Annual Report
Approve the Measure AA Oversight Advisory Committee Annual Report for FY 2021-22 Approved the Measure AA Oversight Advisory Committee Annual Report for FY 2021-22
1.9)
City of Wildomar Paid Parental Leave Policy
Adopt a Resolution entitled:
RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A PAID PARENTAL LEAVE POLICY FOR ACTIVE FULL-TIME EMPLOYEES Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A PAID PARENTAL LEAVE POLICY FOR ACTIVE FULL-TIME EMPLOYEES
1.10)
MSRC Agreement for Clinton Keith Rd. Bike Lanes
Authorize the City Manager to execute Contract Number ML 18185 with the South Coast Air Quality Management District (SCAQMD) for grant funds for bike lanes on Clinton Keith Rd.
Authorized the City Manager to execute Contract Number ML 18185 with the South Coast Air Quality Management District (SCAQMD) for grant funds for bike lanes on Clinton Keith Rd.
1.11)
Road Rehab and Maintenance Project and Slurry Seal Project (CIP 057-2, 058-2) Contract Items Approve City Contract Change Order (CCO #2) to convert all asphalt AC overlay quantities to asphalt rubber hot mix (ARHM) to achieve a superior surface pavement, deleting Bid Item #21 Apply Type II Microsurface (inferior surface), with corresponding increased ARHM quantities at $0.05/sqft with a grant offset.
With no total contract price increase, approve the revised bid schedule from All American Asphalt (AAA) correcting the total price of Bid Item #19 from $633,675.00 to $815,745.00, and Bid Item #21 from $224,784.10 to $42,670.88 due to an allocation error impacting both Bid Items.
Authorize the Public Works Director to execute a three-party Escrow Agreement with Citizen's Business Bank and Project Contractor All American Asphalt, as allowed under Public Contract Code Section 22300.
Make a finding that the Road Rehab and Maintenance Project and Slurry Seal Project (CIP 057-2, 058-2) are exempt from Multiple Species Habitat Conservation Plan Mitigation Fees.
Approve a supplemental appropriation of $24,000 in expenditures and increase in revenue budget for Fund 507 to allocate available grant funds to the Project.
1. Approved City Contract Change Order (CCO #2) to convert all asphalt AC overlay quantities to asphalt rubber hot mix (ARHM) to achieve a superior surface pavement, deleting Bid Item #21 Apply Type II Microsurface (inferior surface), with corresponding increased ARHM quantities at $0.05/sqft with a grant offset.
2. With no total contract price increase, approved the revised bid schedule from All American Asphalt (AAA) correcting the total price of Bid Item #19 from $633,675.00 to $815,745.00, and Bid Item #21 from $224,784.10 to $42,670.88 due to an allocation error impacting both Bid Items.
3. Authorized the Public Works Director to execute a three-party Escrow Agreement with Citizen's Business Bank and Project Contractor All American Asphalt, as allowed under Public Contract Code Section 22300.
Make a finding that the Road Rehab and Maintenance Project and Slurry Seal Project (CIP 057-2, 058-2) are exempt from Multiple Species Habitat Conservation Plan Mitigation Fees.
4. Approved a supplemental appropriation of $24,000 in expenditures and increase in revenue budget for Fund 507 to allocate available grant funds to the Project.
1.12)
Bundy Canyon Plaza Phase 2 - Mass Grading Agreement
Authorize the City Manager to execute the Mass Grading Agreement with Bundy I-15, LP, a California Limited Partnership (Developer).
Authorized the City Manager to execute the Mass Grading Agreement with Bundy I-15, LP, a California Limited Partnership (Developer).
1.13)
Tract Map 31896 - D.R. Horton Avalino Final Map Approval and Subdivision Improvement Agreement Adopt a Resolution entitled:
RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE TRACT MAP 31896 AVALINO AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE TRACT MAP 31896 AVALINO AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION IMPROVEMENT AGREEMENT
1.14)
Eighth Amendment to Design Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Road Project Authorize the City Manager to execute the Eighth Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project.
Authorized the City Manager to execute the Eighth Amendment to the Design Professional Services Agreement with Parsons Transportation Group, Inc. for Engineering Services for the Bundy Canyon Road Improvement Project.
1.15)
27-Acre Park (CIP 062-1) - IS/MND
1. Adopt a Resolution entitled:
RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2023080213), AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE 27-ACRE PARK PROJECT LOCATED ON THE NORTHEAST CORNER OF LA ESTRELLA STREET AND SUSAN DRIVE (APN: 376-350-009 AND 376-350-017).
2. Approve an amendment to the agreement with RRM Design Group for the completion of the design of Phase 1 of the 27-Acre Park Project with RRM Design Group.
1. Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (SCH NO. 2023080213), AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE 27-ACRE PARK PROJECT LOCATED ON THE NORTHEAST CORNER OF LA ESTRELLA STREET AND SUSAN DRIVE (APN: 376-350-009 AND 376-350-017).
2. Approved an amendment to the agreement with RRM Design Group for the completion of the design of Phase 1 of the 27-Acre Park Project with RRM Design Group.
1.16)
Agreement with MNS Engineers, Inc. for Engineering Support Services
1. As authorized by WMC Section 3.28, find that it would be advantageous to the City to dispense with the requirements of that code section regarding procurement of contracts for services over $50,000; and
2. Authorize the City Manager to execute an Agreement for Services with MNS Engineers, Inc., for Engineering support services; and
3. Appropriate an additional $100,000 to Development Engineering Contractual Services, to accommodate the Agreement.
1. As authorized by WMC Section 3.28, found that it would be advantageous to the City to dispense with the requirements of that code section regarding procurement of contracts for services over $50,000; and
2. Authorized the City Manager to execute an Agreement for Services with MNS Engineers, Inc., for Engineering support services; and
3. Appropriated an additional $100,000 to Development Engineering Contractual Services, to accommodate the Agreement.
1.17)
Agreement with TKE Engineering, Inc. for Project Management Services and Optional Design Services for the Bundy Canyon Rd. Improvement Project (Segments 2 and 3) Authorize the City Manager to execute the Agreement for Services with TKE Engineering, Inc. for Project Management Services and Optional Design Services for the Bundy Canyon Rd. Improvement Project (Segments 2 and 3) Authorized the City Manager to execute the Agreement for Services with TKE Engineering, Inc. for Project Management Services and Optional Design Services for the Bundy Canyon Rd. Improvement Project (Segments 2 and 3).
1.18)
Appointments to the California Intergovernmental Risk Authority (CIRA) Board of Directors Approve a resolution entitled:
RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2023 - 31, AND APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) BOARD OF DIRECTORS Approved a Resolution entitled:
RESOLUTION NO. 2023 - 61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2023 - 31, AND APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA) BOARD OF DIRECTORS
1.19)
Updating City’s Conflict of Interest Code
Adopt a Resolution entitled:
RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF INTEREST CODE SET FORTH BY THE CALIFORNIA STATE FAIR POLITICAL PRACTICES COMMISSION FOR ELECTED OFFICIALS, BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE CITY OF WILDOMAR Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF INTEREST CODE SET FORTH BY THE CALIFORNIA STATE FAIR POLITICAL PRACTICES COMMISSION FOR ELECTED OFFICIALS, BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE CITY OF WILDOMAR
1.20)
Tri-Party Consultant Services Agreement to prepare a Mitigated Negative Declaration for the Cherry Outpost Retail Project (PA 22-0118)
1. Authorize the City Manager to execute a Tri-Party Consultant Services Agreement between the City of Wildomar, Cherry Outpost, LP and PlaceWorks, Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project; and
2. Authorize the City Manager to execute a Consultant Services Agreement/Contract between the City of Wildomar and PlaceWorks, Inc., Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project.
1. Authorized the City Manager to execute a Tri-Party Consultant Services Agreement between the City of Wildomar, Cherry Outpost, LP and PlaceWorks, Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project; and
2. Authorized the City Manager to execute a Consultant Services Agreement/Contract between the City of Wildomar and PlaceWorks, Inc., Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project. 2)
PUBLIC HEARINGS
No public hearings were scheduled.
3)
GENERAL BUSINESS
3.1)
City Manager Contract Amendment
City Attorney Jex presented the staff report.
Moved by Bridgette Moore; seconded by Carlos Marquez to Approve and authorize the Mayor to execute the City Manager contract amendment.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3.2)
Amendment to City Personnel Rules and Adoption of Harassment, Discrimination, and Retaliation Prevention Policy Administrative Services Director Schrader presented the staff report.
Moved by Carlos Marquez; seconded by Dustin Nigg to Adopt a Resolution entitled:
RESOLUTION NO. 2023 - 63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REVISING THE CITY’S PERSONNEL RULES AND ADOPTING A HARASSMENT, DISCRIMINATION, AND RETALIATION PREVENTION POLICY Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3.3)
Employee Cost of Living Adjustment and Health Benefit Allotment Increase Administrative Services Director Schrader presented the staff report.
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt a Resolution entitled:
RESOLUTION NO. 2023 - 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, PROVIDING EMPLOYEES A COST OF LIVING ADJUSTMENT AND UPDATING ITS PAY PLAN COMMENSURATE WITH THE COST OF LIVING ADJUSTMENT Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt a Resolution entitled:
RESOLUTION NO. 2023 - 65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE HEALTH BENEFIT ALLOTMENT Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3.4)
City of Wildomar Fiscal Reserve Fund Policy Considerations Administrative Services Director Schrader presented the staff report.
It was the consensus of the City Council to receive and file the proposed future fiscal reserve fund policy with no changes.
3.5)
Measure Z Oversight Advisory Committee Appointment
City Clerk Morales presented the report.
Moved by Carlos Marquez; seconded by Dustin Nigg to Appoint Sergio Rodriguez to the Measure Z Oversight Advisory Committee for a term ending February 2025.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Carlos Marquez, Dustin Nigg Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3.6)
Proposed Revisions to the City Entry Sign Design
Community Services Director Torres presented the staff report.
Don Saunders, resident, provided public comment in favor of the item.
It was the consensus of the City Council to bring back sample designs for review and approval at a future Council Meeting, based on the feedback received.
CITY MANAGER REPORT
City Manager York presented the report.
FUTURE AGENDA ITEMS
Councilmember Marquez requested a future agenda item to review the City's illegal dumping fee.
ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Morabito adjourned the City Council Meeting at 8:25 p.m. with a moment of silence and reflection in honor of the victims of the recent terrorist attacks that took place in Israel.
Submitted by:
_____________________________
Janet Morales Garcia, CMC
City Clerk