CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.2
Meeting Date: December 13, 2023
SUBJECT:
City of Wildomar New Parks Improvement Options
SUBMITTED BY:
Heidi Schrader
PREPARED BY:
Heidi Schrader
ACTION:
Receive and provide comments on possible options for parks improvement financing.
SUMMARY:
This item provides City Council the opportunity to receive input and comment on parks improvement funding opportunities.
BACKGROUND:
On April 8, 2015 City Council approved the Parks Master Plan that established standards for future parks improvements and identifying costs to assist in the creation of funding mechanisms for park improvements.
DISCUSSION:
On June 14, 2023 City Council approved a Purchase and Sale Agreement to purchase two parcels for construction of a 20 acre passive park. With the acquisition of the 20 acre park, the City has three parks to develop, with an overall estimated cost of $43 Million. The City has approximately $3 Million in DIF Park Improvement funds and has recently been awarded a grant in the amount of $2.83 Million to partially fund the first phase of the 27 Acre Park improvements.
The purpose of this presentation is to discuss three options open to the City to fund the new park improvements. The Paygo option involves paying for improvements as funding is identified, whether through Development Impact Fees, one time revenues, and grants. The City could also bring a GO Bond measure to the public for a vote. This would allow the City to annually levy Wildomar property owners a small percentage of the valuation of their property to pay debt service on General Obligation bonds. The third option would be a Lease Revenue Bond issuance, which could be approved by a majority vote of the City Council, but the amount of financing available is limited to the amount of General Fund revenues available to 272
pay debt service over thirty years.
The other item to discuss is the additional ongoing maintenance and operational costs associated with bringing these new parks online. As costs have increased, and Measure Z has stayed the same, it is no longer sufficient to cover the operational costs of the existing parks.
The City has formed Community Facilities Districts to partially offset these costs, but it won't be sufficient to offset the costs of three large multi-facility parks.
FISCAL IMPACT:
There is no fiscal impact as this is receive and file only.
ATTACHMENTS:
Presentation_Improvement Options.pptx
273
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.3
Meeting Date: December 13, 2023
SUBJECT:
Abandoned Vehicle Abatement (AVA) and Parking
Enforcement Program - General Presentation/Discussion
SUBMITTED BY:
Matthew Bassi
PREPARED BY:
Raul Berroteran
ACTION:
Discuss and provide direction on whether to proceed with an Abandoned Vehicle Abatement (AVA) and Parking Enforcement Program.
BACKGROUND:
In 1990, the California State Legislature enacted legislation allowing for the creation of county- based vehicle service authorities pursuant to the provisions of section 22710 of the California Vehicle Code. In June 1994, the Riverside County Abandoned Vehicle Abatement Service Authority was formed and imposed a ($1.00) annual vehicle registration fee on vehicles registered to an owner with an address in the County of Riverside.
The service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local government agencies for a portion of their cost incurred as a result of the abatement, removal, and disposal of public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicle or parts.
Parking enforcement for the City of Wildomar is primarily conducted by the Riverside County Sheriff’s Department. Code Enforcement staff occasionally assist with parking enforcement tasks but are limited due to not having access to towing services.
DISCUSSION:
Over the last 10 years, the County’s Abandoned Vehicle Abatement program has disbursed $35,000,000 in service fee proceeds to member agencies and caused the abatement of approximately 189,776 abandoned, wrecked dismantled, or inoperative vehicles located in various cities and the unincorporated areas of Riverside County. For comparison, the City of 274
Lake Elsinore has actively participated in the abandoned vehicle abatement service authority for the last 10 years. During that time, the City through this program has been reimbursed more than $307,255 for costs associated with the abatement of inoperative vehicles. If the City was not a participant in the Riverside County Abandoned Vehicle Abatement program, they would not have received this revenue which is approximately $30,700 annually.
Between July 2022, and July 2023, in Wildomar, there was a total of 288 parking citations issued by the Riverside County Sheriff’s and Code Enforcement Departments totaling about $20,665. Staff fully expects the parking citation and revenue numbers would increase greatly with the implementation of a City managed Parking Enforcement program, since staff would incorporate the new programs into our daily task assignments. Staff believes it will be crucial to strike a balance between enforcing parking regulations that generates revenue while ensuring the program is fair and fosters a positive community environment. Further, effective communication about parking rules, fair enforcement practices, and consideration for the needs of the residents and businesses would be key components of a successful parking enforcement strategy.
Should City Council choose to direct Staff to pursue these programs, the next steps to achieve are as follows:
1. Prepare an Ordinance to amend Chapter 10.04 (Abandon Vehicles) to add definitions, and strengthen the administration/enforcement & violations language (January/February Council review);
2. P
repare a Council
Resolution to establish a Service Authority for Abandoned Vehicles;
3. Both the Ordinance and Resolution must be complete and effective by to April 1, 2024 per
State/County requirements;
4. Prepare a "Disposal Strategy" which will require a Contractual Towing Agreement (Code and Community Services effort); and
5. Submit the above items to the AVA
Authority (
Riverside
County) who in turn submits to the
California Highway Patrol (CHP) for review and approval.
ATTACHMENTS:
Attach A - California Vehicle Code Sec 22710.pdf
Attach B - AVA Parking Powerpoint-JP [11-27-23].pdf
275
State of California
VEHICLE CODE
Section 22710
22710. (a) A service authority for the abatement of abandoned v ehicles may be established, and a one dollar ($1) vehicle registration fee imposed, in a county if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county ha ve adopted resolutions providing for the establishment of the authority and imposition of the fee.
The membership of the authority shall be determined by concurrence of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of the incorporated population.
(b) The authority may contract and may undertake any act convenient or necessary to carry out a law relating to the authority. The authority shall be staffed by existing personnel of the city, county, or county transportation commission. (c) (1) Notwithstanding any other provision of law, a service authority may adopt an ordinance establishing procedures for the abatement, remo val, and disposal, as a public nuisance, of an abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Go vernment Code, or assumption by the service authority , of costs associated with the enforcement of the ordinance. Cost reco very shall only be undertaken by an entity that may be a county or city or the department, pursuant to contract with the service authority as provided in this section. (2) (A) The money received by an authority pursuant to Section 9250.7 and this section shall be used only for the abatement, remo val, or the disposal as a public nuisance of an y abandoned, wreck ed, dismantled, or inoperati ve vehicle or part of the vehicle from private or public property. The money received shall not be used to offset the costs of vehicles towed under authorities other than an ordinance adopted pursuant to paragraph (1) or when costs are recovered under Section 22850.5. (B) The money received by a service authority pursuant to Section 9250.7 and this section that are une xpended in a fiscal year may be carried forw ard by the service authority for the abandoned v ehicle abatement program in the follo wing fiscal year as agreed upon by the service authority and its member agencies. (d) (1) An abandoned vehicle abatement program and plan of a service authority shall be implemented only with the approval of the county and a majority of the cities having a majority of the incorporated population.
(2) (A) The department shall pro vide guidelines for an abandoned v ehicle abatement program. An authority’s abandoned vehicle abatement plan and program shall be consistent with those guidelines, and shall provide for, but not be limited to, 276345
an estimate of the number of abandoned vehicles, a disposal and enforcement strategy including contractual agreements, and appropriate fiscal controls. (B) The department’s guidelines provided pursuant to this paragraph shall include, but not be limited to, requiring each service authority recei ving funds from the Abandoned Vehicle Trust Fund to report to the Controller on an annual basis pursuant to subdivision (c) of Section 9250.7, in a manner prescribed by the department, and pursuant to an approved abandoned vehicle abatement program. (C) A service authority may carry out an abandoned v ehicle abatement from a public property after providing a notice as specified by the local ordinance adopted pursuant to Section 22660 of the jurisdiction in which the abandoned vehicle is located and that notice has expired.
(3) After a plan has been approved pursuant to paragraph (1), the service authority shall, not later than August 1 of the year in which the plan w as approved, submit it to the department for re view, and the department shall, not later than October 1 of that same year, either approve the plan as submitted or mak e recommendations for revision. After the plan has recei ved the department’s approval as being consistent with the department’s guidelines, the service authority shall submit it to the Controller. (4) Except as provided in subdivision (e), the Controller shall not make an allocation for a fiscal year, commencing on July 1 follo wing the Controller’s determination to suspend a service authority when a service authority has f ailed to comply with the provisions set forth in Section 9250.7.
(5) A governmental agency shall not recei ve funds from a service authority for the abatement of abandoned v ehicles pursuant to an appro ved abandoned v ehicle abatement program unless the governmental agency has submitted an annual report to the service authority stating the manner in which the funds were expended, and the number of vehicles abated. The governmental agency shall receive that percentage of the total funds collected by the service authority that is equal to its share of the formula calculated pursuant to paragraph (6).
(6) Each service authority shall calculate a formula for apportioning funds to each governmental agency that receives funds from the service authority and submit that formula to the Controller with the annual report required pursuant to paragraph (2).
The formula shall apportion 50 percent of the funds received by the service authority to a go vernmental agenc y based on the percentage of v ehicles abated by that governmental agency of the total number of abandoned vehicles abated by all member agencies, and 50 percent based on population and geographic area, as determined by the service authority. When the formula is first submitted to the Controller, and each time the formula is re vised thereafter, the service authority shall include a detailed explanation of how the service authority determined the apportionment between per capita abatements and service area.
(7) Notwithstanding any other provision of this subdi vision, the Controller may allocate to the service authority in the County of Humboldt the net amount of the abandoned vehicle abatement funds received from the fee imposed by that authority, as described in subdivision (b) of Section 9250.7, for calendar years 2000 and 2001. 277346
(e) A plan that has been submitted to the Controller pursuant to subdi vision (d) may be revised pursuant to the procedure prescribed in that subdi vision, including compliance with any dates described therein for submission to the department and the Controller, respectively, in the year in which the re visions are proposed by the service authority. Compliance with that procedure shall only be required if the revisions are substantial.
(f) For purposes of this section, “abandoned vehicle abatement” means the removal of a vehicle from public or pri vate property by towing or any other means after the vehicle has been marked as abandoned by an official of a governmental agency that is a member of the service authority.
(g) A service authority shall cease to e xist on the date that all re venues received by the authority pursuant to this section and Section 9250.7 have been expended. (h) In the event of a conflict with other provisions of law, this section shall govern the disbursement of money collected pursuant to this section and from the Abandoned Vehicle Trust Fund for the implementation of the abandoned v ehicle abatement program.
(Amended by Stats. 2007, Ch. 389, Sec. 2. Effective January 1, 2008.) 278347
ABANDONED VEHICLE
ABATEMENT
Presented by John Parker
Code Enforcement Supervisor
279
Abandoned Vehicle Abatement
Program
What is an
Abandoned Vehicle
Abatement Program?
Who provides
oversight of the
Abandoned Vehicle
Abatement Program?
What is required of
each member?
Administration of the
Service Authority.
280
The Abandoned Vehicle Abatement Program is a statewide
program that provides a means of removing abandoned, wrecked, inoperative and dismantled vehicles that create a public nuisance and health & safety hazard.
What is an Abandoned Vehicle Abatement Program?
281
• CA Vehicle Code Section 22710
• A service authority for the abatement of abandoned vehicles may be established, and a one-dollar ($1) vehicle registration fee imposed. (Yearly).
• Since the fee is an existing tax, no vote is required per Proposition 26.
• The California Vehicle Code provides the criteria to establish an Abandoned Vehicle Abatement Service Authority
California Vehicle Code
282
Program Oversight
283
State Controller Provides Fiscal Oversight
• SCO allocates the funds; the Authority shall disburse the money to each jurisdiction.
• Monies unexpended in a fiscal year, may be carried forward • Provides Approval of AVA Plan
• CHP will approve the Service Authority plan.
• CHP will provide guidance for the program.
DMV Provides Funding
• DMV collects/disburses the fee to participating Counties. • DMV registration fee of $1 / $2 per vehicle, tractor-trailer, RV, utility trailer registered in the County of Riverside.
284
• Member Requirements:
• Approved Resolution
• Ordinance that meets all requirements of Sections 22660 & 22661 VC and reviewed and approved by CA CHP
• Rate Sheet
• Disposal Strategy in accordance with Section 22662 VC or with Section 22851.3 VC
• Copies of contractual agreements (tow agreement).
• Cost Recovery Strategy
What Is Required Of Each Member?
285
Authority Financial Accounting:
• Receives funding
• Oversight of interest earned, processing costs, payments for services – Disbursement of funds to members based on the formula of • 50% percentage vehicles abated;
• 50% Population
• Responsible for the preparation and fair presentation of the financial statement in accordance with Section 22710 of the California Vehicle Code; this includes determining that the other comprehensive basis of accounting is an acceptable basis for the preparation of the financial statements in the circumstances.
• Responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.
Administration of the Service Authority
286
Conclusion
• The Abandoned Vehicle Abatement Program will reduce
dismantled, abandoned, and inoperable vehicle blight in the City of Wildomar.
• The Abandoned Vehicle Abatement Program will provide
the citizens of Wildomar an opportunity to remove their junk vehicle(s) from their properties absolutely free of charge which is an incredible service to the public.
287
PARKING
ENFORCEMENT
PROGRAM
Presented by Code Enforcement
288
The City of Wildomar
Code Enforcement
Department is working
to implement a Parking
Enforcement Program.
289
COMMON PARKING
VIOLATIONS
290
DISMANTLED
VEHICLE
291
UNLAWFUL
COMMERCIAL
VEHICLE PARKING
292
BLOCKING FIRE
HYDRANT
293
ABANDONED
VEHICLE
294
BLOCKING
SIDEWALK
17 295
PARKED IN SPOT
DESIGNATED FOR
THE DISABLED
18 296
PARKED
OR
STOPPED
IN A
BICYCLE
LANE
19 297
PARKING A
RECREATIONAL
VEHICLE ON
THE STREET
FOR OVER 48
HOURS
298
PARKING TASKS
IN PROGRESS
• CODE ENFORCEMENT IS WORKING
TOWARDS OBTAINING A TOWING
CONTRACT.
• CODE ENFORCEMENT IS GATHERING
INFORMATION FOR THE POSSIBLE
IMPLEMENTATION OF THE ABANDONED
VEHICLE ABATEMENT PROGRAM.
299
PROS:
- Staff is expecting the Parking Enforcement
Program will create revenue for the City of
Wildomar.
-Vehicle parking complaints rank as the top
complaint the Code Enforcement Department
receives. With the creation of a Parking
Enforcement program, the City of Wildomar will
add another layer of customer service.
CONS:
- Staff is expecting a higher call volume, foot traffic into City Hall, and a larger number of complaints
after the parking program is launched.
300
CONCLUSION
The Code Enforcement Department
is excited to take on this new
challenge and bring awareness of the
rules and regulations pertaining to
the California Vehicle Code and the
City of Wildomar municipal code to
the citizens of Wildomar.
301
QUESTIONS
302
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.4
Meeting Date: December 13, 2023
SUBJECT:
Appointment of Mayor and Mayor Pro Tempore for 2024
SUBMITTED BY:
Janet Morales
ACTION:
Appoint a Mayor and Mayor Pro Tempore for 2024.
DISCUSSION:
In accordance with Resolution No. 09 - 72, the City Council shall select one member of the City Council to serve as Mayor and one member of the City Council to serve as Mayor Pro Tempore by a simple majority vote of the City Council. The selection shall be on an annual basis at the first meeting of the City Council in December of each year. The term of the appointments will run the calendar year, from January 1st through December 31st of 2024.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution No. 09-72
303
304
305
306
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.5
Meeting Date: December 13, 2023
SUBJECT:
Committees, Commissions, and Board Appointments for 2024 SUBMITTED BY:
Janet Morales
ACTION:
Review the list of committees, commissions, and boards and update appointments, and/or add or remove committees as necessary.
BACKGROUND:
The City Council reviews the list of committees, commissions, and boards annually in December, and as requested. The last update to the Council committees was approved on April 12, 2023. The last update to the regional committees was approved on July 12, 2023.
DISCUSSION:
Staff recommends that the City Council review the list attached and make the following updates, and any additional updates as necessary:
Remove Western Community Energy (WCE)
Rename Public Agency Risk Sharing Authority of California (PARSAC) to California Intergovernmental Risk Authority (CIRA) and list Emily Wolf as the Director and Heidi Schrader as the alternate, per Resolution No. 2023-31.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Council Committees as of 07-14-23
307
CITY COUNCIL COMMITTEES, COMMISSIONS, BOARDS
Reviewed and Re-appointed/Re-designated 04-12-2023
Elsinore Valley Municipal Water District Ashlee DePhillippo Joseph Morabito
Meets on the second Monday of every other month at 8:00 a.m. at either their offices or City Hall (rotates every other month)
___________________________________________________________________________ Intergovernmental Relations Subcommittee Ashlee DePhillippo Meets as needed Carlos Marquez
___________________________________________________________________________ Lake Elsinore Unified School District Carlos Marquez Ashlee DePhillippo
Meets on the first Monday quarterly during the school year at 4:30 p.m. at either LEUSD offices, City Hall, or via Zoom.
___________________________________________________________________________ Franchise Subcommittee Ashlee DePhillippo Meets as needed. Carlos Marquez
___________________________________________________________________________ Finance Subcommittee Bridgette Moore
Meets as needed. Carlos Marquez
___________________________________________________________________________ Community Services Subcommittee Bridgette Moore Meets as needed. Carlos Marquez
___________________________________________________________________________ Regional Homeless Task Force Ashlee DePhillippo Meets as needed. Bridgette Moore
308
REGIONAL COMMITTEES, COMMISSIONS, BOARDS
Reviewed and Re-appointed/Re-designated 07-12-2023
League of California Cities Joseph Morabito, Voting Delegate Meets annually at the League Annual Conference. Bridgette Moore, Alternate ___________________________________________________________________________ PARSAC Heidi Schrader, Director
Meets in May and December in Sacramento. Janet Morales, Alternate ___________________________________________________________________________ RCA Joseph Morabito
Western Riverside County Regional Ashlee DePhillippo, Alternate Conservation Authority
Meets the first Monday of each month (Jan., July & Sept. meets the second Monday) at 12:30 p.m. at the County Administration Center, Board of Supervisors Chambers, 4080 Lemon Street, Riverside.
___________________________________________________________________________ RCHCA Joseph Morabito
Riverside County Habitat Conservation Agency Ashlee DePhillippo, Alternate Meets the third Thursday Quarterly at 11: 30 a.m. at the WRCOG office, 3390 University Ave., Suite 200, Riverside.
___________________________________________________________________________ RCTC Joseph Morabito
Riverside County Transportation Commission Ashlee DePhillippo, Alternate Meets the second Wednesday of each month at 9:30 a.m. at the County Administration Center, Board of Supervisors Chambers, 4080 Lemon Street, Riverside. ___________________________________________________________________________ RTA Bridgette Moore
Riverside Transit Agency Joseph Morabito, Alternate Meets the fourth Thursday of each month at 3:00 p.m. at the County Administration Center, Board of Supervisors Chambers, 4080 Lemon Street, Riverside. ___________________________________________________________________________ SCAG Joseph Morabito
Southern California Association of Governments Carlos Marquez, Alternate Meets annually in June of each year.
___________________________________________________________________________ Southwest Community Financing Authority Carlos Marquez (Animal Shelter) Bridgette Moore, Alternate Meets as needed.
___________________________________________________________________________ WCE Dustin Nigg
Western Community Energy Joseph Morabito, Alternate The last meeting is on March 8, 2023.
__________________________________________________________________________ WRCOG Joseph Morabito
Western Riverside Council of Governments Ashlee DePhillippo, Alternate Meets the first Monday of each month at 2:00 p.m. at the County Administration Center, Board of Supervisors Chambers, 4080 Lemon Street, Riverside.
309
CITY OF WILDOMAR
CC - REGULAR MEETING
FUTURE AGENDA ITEMS
Meeting Date: December 13, 2023
SUBJECT:
Future Agenda Items
SUBMITTED BY:
Janet Morales
ACTION:
Title- Councilmember-Anticipated Date
1. Amend Fencing Requirements - Benoit - Jan 2024
2. Illegal Dumping Fee - Marquez - TBD
310
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: December 13, 2023
SUBJECT:
City Council/Cemetery District Minutes - August 9, 2023.
SUBMITTED BY:
Janet Morales
PREPARED BY:
Janet Morales
ACTION:
Approve the minutes as presented.
ATTACHMENTS:
1. 08-09-2023 Minutes
311
MINUTES
CITY OF WILDOMAR
CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, AUGUST 9, 2023
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Closed Session: 5:00 PM | Regular Session 6:00 PM
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.
Closed Session was called to order by Mayor Morabito at 5:00 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: None.
PUBLIC COMMENTS
No public comments.
CLOSED SESSION
CLOSED SESSION
1. The City Council will meet 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 will meet in closed session to hold a conference with its Labor Negotiator regarding Unrepresented Employee pursuant to Government Code 54957.6.
Agency representative: Joseph MorabitoUnrepresented employee: City Manager
312
3. The City Council will meet in closed session pursuant to the provisions of Government code section 54956.9(d)(4) to confer with legal counsel with regard to one matter of potential initiation of litigation.
RECONVENE INTO OPEN SESSION
The City Council reconvened into open session at 6:00 p.m. with all members present.
ANNOUNCEMENTS
City Attorney Jex stated there were no reportable actions.
ADJOURN CLOSED SESSION
There being no further business, Mayor Morabito adjourned the closed session at 6:00 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 6:00 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, and Carlos Marquez
Members absent: Dustin Nigg
FLAG SALUTE
The flag salute was led by Councilmember DePhillippo.
Mayor Morabito asked for a moment of silence in memory of CalFire Assistant Chief Josh Bischof, Fire Captain Tim Rodriguez and Pilot Tony Sousa.
PRESENTATIONS
1. Recognition of Lake Elsinore Unified School District Retirees
DEPARTMENT REPORTS
Police Department Update
Wildomar Library Quarterly Update
General Plan Update Progress Report #13
313
Code Enforcement Quarterly Update (4th Quarter FY 22/23) Public Works/Engineering - Road Construction Updates
PUBLIC COMMENTS
Public Comments on Items not on the agenda were presented by the following individuals:
1. Dr. Mona Davies, Community Outreach Ministry
COUNCIL COMMUNICATIONS
The City Council Members spoke regarding the various committees, commissions, and boards that they serve on locally and regionally and community events, including:
1. Riverside Conservation Authority (RCA)
2. Riverside Transit Agency (RTA)
3. Riverside County Transportation Commission (RCTC)
4 League of California Cities
5. Southern California Association of Governments (SCAG)
6. Riverside County Habitat Conservation Agency (RCHCA)
7. Western Riverside Council of Governments (WRCOG)
8. Southwest Community Financing Authority (Animal Shelter)
9. Ad Hoc & Subcommittees
10. Community events
11. Regional events
12. Chamber of Commerce
APPROVAL OF THE AGENDA AS PRESENTED
Moved by Carlos Marquez; seconded by Bridgette Moore to approve 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 Carlos Marquez; seconded by Bridgette Moore to approve Approve the Consent Calendar.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Carlos Marquez
314
Voting Against: None
Abstain: None
Absent: Dustin Nigg
1.1) Reading of Ordinances
Approved the reading by title only of all Ordinances on this agenda.
1.2) Minutes - July 12, 2023 - Regular Meeting
Approved the minutes as presented
1.3) Amended Minutes - June 14, 2023 - Regular Meeting
Approved the amended minutes as presented.
1.4) Amended Minutes - April 12, 2023 - Regular Meeting Approved the amended minutes as presented.
1.5) Warrant Register July 2023
Approved the following:
For Fiscal Year 2022/20231.
Warrant Register dated 07-06-2023 in the amount of $33,426.88.2.
Warrant Register dated 07-13-2023 in the amount of $1,025,661.80.3.
Warrant Register dated 07-20-2023 in the amount of $289,707.79.4.
Warrant Register dated 07-27-2023 in the amount of $48,927.84.
For Fiscal Year 2022/20235.
Warrant Register dated 07-03-2023 in the amount of $89,825.6.
Warrant Register dated 07-06-2023 in the amount of $174,681.30.7.
Warrant Register dated 07-13-2023 in the amount of $3,136.82.8.
Warrant Registers dated 07-20-2023 in the amount of $1,852.79.9.
Warrant Register dated 07-27-2023 in the amount of $65,013.84.10.
Wire Transfer Register dated 07-31-2023 in the amount of $141,887.67.11.
Payroll Register dated 08-01-2023 in the amount of $266,171.82.
1.6) June 2023 Treasurers Report
Approved the Treasurer’s Report for June 2023.
1.7) Ordinance No. 234 - 2nd Reading (ZOA 2023-03):
Adopted an Ordinance entitled:
ORDINANCE NO. 234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, 315
CALIFORNIA, FINDING THAT ZONING ORDINANCE AMENDMENT NO. 2023- 03 IS EXEMPT FROM CEQA REVIEW PURSUANT TO PUBLIC RESOURCE CODE SECTION 21080.17 AND APPROVING AN AMENDMENT TO CHAPTER
17.204 OF THE WILDOMAR MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS ZOA NO. 2023-03
1.8) Professional Services Agreement with Parsons Transportation Group for Engineering and Design Services for Bundy Canyon Rd. Improvement Project, Segment 2 (CIP 026-2)
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 a Professional Services Agreement in the amount of $370,000 with Parsons Transportation Group for engineering and design services for preparation of construction documents for Segment 2 of the Bundy Canyon Road Improvement Project (CIP 026-2).
1.9) Fourth Amendment to Design Professional Services Agreement with Mark Thomas Corporation for the Palomar Street / Wildomar Cemetery Improvement Projects (CIP 028-2 and CIP 067-1)
1. Authorized the City Manager to execute the Fourth Amendment to the Design Professional Services Agreement for additional engineering services for the Palomar Street / Wildomar Cemetery Improvement Projects (CIP 028-2 and CIP 067-1).
2. Approved a supplemental appropriation of $87,500 in Fund 201 Measure A for the Projects.
1.10)Professional Services Agreement for Enterprise Resource Planning (ERP) Software - General Business Permitting Modules with CivicPlus (CivicEngage)
Authorized the City Manager to execute the Master Services Agreement with CivicPlus, LLC.
1.11)Delegating Authority to the City Manager to Approve Administrative Policies
Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER OR HIS
DESIGNEE TO APPROVE ADMINISTRATIVE POLICIES
316
1.12)Annexation No. 5, into Community Facilities District No. 2022-1 (Services) for Avalino (TR 31896)
Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES), OF THE CITY
OF WILDOMAR, ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 5) AND AUTHORIZING THE LEVY OF SPECIAL
TAXES THEREI
1.13)Annexation No. 6, Phase 1, into Community Facilities District No. 2022- 1 (Services) for Tres Lagos Apartments (LLA 2022-004)
Adopted a Resolution entitled:
RESOLUTION NO. 2023 - 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES), OF THE CITY
OF WILDOMAR, ADOPTING A MAP OF THE AREA PROPOSED TO BE
ANNEXED (ANNEXATION NO. 6) AND AUTHORIZING THE LEVY OF SPECIAL
TAXES THEREIN
1.14)Establishment of Community Facilities District No. 2023-1 (Avalino) Adopted the following Resolutions:
RESOLUTION NO. 2023 - 37
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR, TO AUTHORIZE THE LEVY OF A
SPECIAL TAX TO PAY THE COSTS OF ACQUIRING OR CONSTRUCTING
CERTAIN FACILITIES AND TO PAY DEBT SERVICE ON BONDED
INDEBTEDNESS
And
RESOLUTION NO. 2023 - 38
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF THE
CITY OF WILDOMAR TO INCUR BONDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $15,000,000 WITHIN PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2023-1 (AVALINO) OF THE CITY OF WILDOMAR
1.15)Tres Lagos Affordability Covenant and Subordination Agreement Approved and authorized the City Manager to sign the Affordability Covenant and Subordination Agreements regarding the Tres Lagos affordable housing project in substantially the same form as included 317
in the agenda packet and authorized the City Manager to make modest adjustments as necessary.
1.16)Land and Water Conservation Fund Grant Application for the 27-Acre Park Project
Adopted a Resolution entitled:
RESOLUTION 2023 - 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, APPROVING THE APPLICATION FOR THE LAND AND WATER CONSERVATION FUND 27-ACRE PARK PROJECT
1.17)Software purchase for Placer.ai Analytics Reporting Platform? Authorized the City Manager to execute the Order Form with Placer Labs, Inc. for Placer.ai software.
1.18)Professional Services Agreement with TKE Engineering for Engineering and Design Services for the Clinton Keith Rd. Widening Project (CIP 025-1)
Authorized the City Manager to execute a Professional Services Agreement in the amount of $500,000 with TKE Engineering for engineering and design services for the Clinton Keith Rd. Widening Project (CIP 025-1).
2) PUBLIC HEARINGS
None scheduled.
Council Member Nigg arrived at 6:54 p.m.
3) GENERAL BUSINESS
3.1) Purchase of commercial property occupied by City Hall located at 23873 Clinton Keith Road and identified as Assessor Parcel Number APN 380-240-048-3 from CFT NV Development, LLC
City Manager York presented the staff report.
Moved by Bridgette Moore; seconded by Dustin Nigg to (1) Authorize the City Manager to sign the Purchase and Sale Agreement and all ancillary agreements and documents related to the purchase of commercial property occupied by City Hall located at 23873 Clinton Keith Road and identified as Assessor Parcel Number APN 380-240-048- 3 from CFT NV Development, LLC.
(2) Adopt a Resolution entitled:
RESOLUTION NO. 2023 - 40
318
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASE AND SALE AGREEMENT AND OTHER RELATED DOCUMENTS FOR REAL PROPERTY LOCATED AT 23873 CLINTON KEITH ROAD APN 380- 240-048-3
(3) Find that the approval of the Purchase and Sale Agreement and proposed purchase of the property will not have an impact on the environment and is therefore exempt from California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Sections 15061(b)(3) and 15301.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.2) SB 329 Adjustment in Council Compensation
City Attorney Jex presented the staff report.
Andy Morris, resident, provided public comment in favor of the item.
Moved by Dustin Nigg; seconded by Bridgette Moore to Discussed and provided direction to staff to bring back an Ordinance amendment adjusting the City Council compensation to $1,200 per month per SB329.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.3) Multi-Family Residential Design Standards & Guidelines - Amendment #1
Associate Planner Lachgar presented the staff report.
Moved by Bridgette Moore; seconded by Carlos Marquez to Adopt a Resolution entitled:
RESOLUTION NO. 2023 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, APPROVING AN AMENDMENT TO THE CITY OF WILDOMAR 319
MULTI-FAMILY OBJECTIVE DESIGN STANDARDS AND GUIDELINES
DOCUMENT FOR MULTI-FAMILY RESIDENTIAL DEVELOPMENT PROJECTS Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.4) Wildomar Community and Parks Foundation Community Event Partnership Memorandum of Understanding (MOU)
Mayor Pro Tem Moore recused herself due to a conflict of interest.
Community Services Director Torres presented the staff report.
Moved by Dustin Nigg; seconded by Joseph Morabito to Authorize the City Manager to sign the MOU with Wildomar Community and Parks Foundation dependent that the non-profit organization fulfills all requirements.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: Bridgette Moore
Absent: None
CITY MANAGER REPORT
City Manager York presented the report.
FUTURE AGENDA ITEMS
Future Agenda Items
No future agenda items were added.
ADJOURN THE CITY COUNCIL MEETING
There being no further business, the Mayor adjourned the City Council Meeting at 7:52 p.m.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
Chair Morabito called the Regular Wildomar Cemetery District Meeting to order at 7:52 p.m.
320
ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: None.
PUBLIC COMMENTS
No public comments.
BOARD COMMUNICATIONS
No Board Communications.
APPROVAL OF THE AGENDA AS PRESENTED
Moved by Carlos Marquez; seconded by Dustin Nigg to approve Approve the agenda as presented.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
4) CEMETERY CONSENT CALENDAR
Moved by Bridgette Moore; seconded by Dustin Nigg to approve Approve the Cemetery Consent Calendar.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
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
321
Approved the following:
For Fiscal Year 2022/20231.
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 2023/20241.
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
No report presented.
FUTURE AGENDA ITEMS
No future agenda items were added.
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Morabito adjourned the Regular Wildomar Cemetery District Meeting at 7:53 p.m.
Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
322
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 4.2
Meeting Date: December 13, 2023
SUBJECT:
Warrant Register Cemetery November 2023
SUBMITTED BY:
Nicholas Neidiffer
PREPARED BY:
Nicholas Neidiffer
ACTION:
Approve the following:
For Fiscal Year 2023/2024
Warrant Register dated 11-09-2023 in the amount of $166.09.
Warrant Register dated 11-16-2023 in the amount of $75.00.
Warrant Register dated 10-22-2023 in the amount of $3,783.37.
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:
Warrant Reg CEM Nov 2023 Voucher Listings.pdf
323
11/09/2023
Voucher List
City of Wildomar
1 10:01:43AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217383 11/9/2023 000790 SPARKLETTS 110423 CEMETERY DRINKING WATER THROUGH 11/04/23
57.95 Total : 57.95
217384 11/9/2023 001720 STERICYCLE, INC 8005096447B CONTRACTUAL SHREDDING SVC 108.14 Total : 108.14
Bank total : 166.09 2 Vouchers for bank code : wf
166.09Total vouchers :Vouchers in this report 2
324
11/16/2023
Voucher List
City of Wildomar
1 3:41:13PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217416 11/16/2023 002082 MAIN SAIL PEST CONTROL 53814 PEST CONTROL SERVICES 75.00 Total : 75.00
Bank total : 75.00 1 Vouchers for bank code : wf
75.00Total vouchers :Vouchers in this report 1
325
11/22/2023
Voucher List
City of Wildomar
1 12:21:29PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 217448 11/22/2023 001544 BROWN FAMILY SERVICES 2051 CEMETERY BACKHOE MISC REPAIR 630.03 Total : 630.03
217449 11/22/2023 000477 CALIFORNIA ASSOC. OF PUBLIC, CEMETERIES13258 CORPORATE MEMBERSHIP DUES 2024 67.00 Total : 67.00
217450 11/22/2023 000367 CINTAS CORPORATION 4173985631 STAFF UNIFORM & TOWEL MAINTENANCE 139.74 Total : 139.74
217451 11/22/2023 000367 CINTAS CORPORATION 4172441914 STAFF UNIFORM & TOWEL MAINTENANCE 125.06 139.74STAFF UNIFORM & TOWEL MAINTENANCE4173147868
Total : 264.80
217452 11/22/2023 001338 DEANZA TERMITE & PEST CONTROL, INC638074B PEST CONTROL CEMETERY (11/13/23) 27.50 Total : 27.50
217453 11/22/2023 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT12642988 09/18/23-10/17/23 CEMETERY WATER
SERVICE
1,717.80
Total : 1,717.80
217454 11/22/2023 000186 RIGHTWAY 361133 (2) CEMETERY RESTROOM
MAINTENANCE/SERVIC
449.55
Total : 449.55
217455 11/22/2023 000094 STAUFFERS LAWN EQUIPMENT 342689 EQUIPMENT MAINTENANCE REPAIR 33.70 288.67EQUIPMENT MAINTENANCE REPAIR342690
Total : 322.37
217456 11/22/2023 001258 SUNBELT RENTALS, INC. 146413386 CEMETERY EQUIPMENT RENTAL 76.62
87.96CEMETERY EQUIPMENT RENTAL1467731-0001
Total : 164.58
Bank total : 3,783.37 9 Vouchers for bank code : wf
3,783.37Total vouchers :Vouchers in this report 9
326
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 4.3
Meeting Date: December 13, 2023
SUBJECT:
October 2023 Cemetery Treasurers Report
SUBMITTED BY:
Adam Jantz
PREPARED BY:
Adam Jantz
ACTION:
Approve the Treasurer’s Report for October 2023.
SUMMARY:
October 2023 Cemetery Treasurer’s Report
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investments for the month of October 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:
October 2023 Cemetery Treasurer's Report
327
PERCENT
OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 410,649.31 $ 410,649.31 $ 410,649.31 28.91% 0 5.56% 300 $ 1,019,585.04 $ 1,019,585.04 $ 1,009,556.92 71.09% 763 Variable $ 1,430,234.35 $ 1,430,234.35 $ 1,420,206.23 100.00%
+ + WITHDRAWALS/
BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED
FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 409,295.58 $ - $ 1,353.73 $ - $ 410,649.31 5.56% 300 $ 1,017,440.26 $ - $ 2,144.78 $ - $ 1,019,585.04 Variable $ 1,426,735.84 $ - $ 3,498.51 $ - $ 1,430,234.35TOTAL
WILDOMAR CEMETERY DISTRICT
TREASURER'S REPORT FOR
CASH AND INVESTMENT PORTFOLIO
October 2023
DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP POOL
CAMP MANAGED ACCOUNT
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 11/20/2023
Heidi Schrader Date
328
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 5.1
Meeting Date: December 13, 2023
SUBJECT:
Conduct a Public Hearing and consider a Resolution ordering the dedication of Right of Way to the City of Wildomar for the Palomar Street Improvement Project
SUBMITTED BY:
Jason Farag
PREPARED BY:
Warren Repke
ACTION:
Conduct a Public Hearing to consider the dedication of right of way to the City of Wildomar for the Palomar Street Improvement Project and adopt the following Resolution:
RESOLUTION NO. WCD2023 -____
A RESOLUTION OF THE BOAD OF TRUSTEES OF THE WILDOMAR CEMETERY
DISTRICT ORDERING THE DEDICATION OF RIGHT OF WAY TO THE CITY OF
WILDOMAR FOR ROAD AND UTILITY PURPOSES
SUMMARY:
The City of Wildomar's Palomar Street Widening, Phase 2, Project from Wildomar Trail to Gruwell Street (CIP 028-2) requires right-of-way acquisition from adjacent property owners.
Right-of-way from the Wildomar Cemetery District (District) is required. The District Board of Trustees is required by the California Health and Safety Code to hold a Public Hearing and adopt a Resolution ordering the dedication of right of way to the City of Wildomar.
BACKGROUND:
Included in the City of Wildomar's (City) 5-Year Capital Improvement Program (CIP) is the widening and improvement of Palomar Street from Wildomar Trail to Gruwell Street (CIP 028- 2). Included in the same project design and construction are the Phase 1 improvements to the Wildomar Cemetery and the improvement of Gruwell Street along the Cemetery frontage (CIP 067-1). Attachment A includes the Capital Improvement Project Detail Sheets for both projects which are being designed together and are planned to be constructed together (Projects). The Projects are programmed in the City's FY 23/24 and 24/25 budgets. Right-of-way acquisition from properties along Palomar Street is required to complete the Projects. 329
DISCUSSION:
Project design and the preparation of construction plans are continuing and are scheduled for completion in early 2024. Right-of-way acquisition for the street widening is nearing completion. One of the parcels remaining to be acquired is a three-foot wide strip along the Wildomar Cemetery. This right of way is required to complete the street and cemetery improvements in front of the Cemetery which consist of travel lanes, a bicycle lane, a twelve- foot multi-purpose trail, and a four-foot landscaped area in front of the new cemetery fence and wall. Dedication of the required right of way by the Cemetery District must conform to the regulations of the California Health and Safety Code. The initial step in the process was for the District Board of Trustees to adopt a Resolution of Intention to dedicate the right of way to the City of Wildomar. This step was completed with the adoption of Resolution No. WCD2023-04 at its November 8, 2023, meeting. This Resolution also established the date of the required public hearing as December 13, 2023. Once approved, the attached proposed resolution will complete the process and allow the Cemetery District to dedicate the right of way to the City of Wildomar by recordation of an easement deed.
FISCAL IMPACT:
The project was approved by the City of Wildomar City Council as part of the 5-Year CIP.
There is no District funding required for this action. The dedication of right-of-way to the City will be at no cost to the City, subject to the City’s obligation to improve the right-of-way pursuant to a road widening project, including curb and gutters, at no cost to the District.
ATTACHMENTS:
Resolution
A -
CIP Project Detail Sheets
330
4857-6647-0800 v2
RESOLUTION NO. -___
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE
WILDOMAR CEMETERY DISTRICT ORDERING THE
DEDICATION OF RIGHT-OF-WAY TO THE CITY OF
WILDOMAR FOR ROAD AND UTILITY PURPOSES
WHEREAS, the Wildomar Cemetery District (“District”) owns certain parcels of real property (APN 376-060-012) that abut Palomar Road in the City of Wildomar (“City”), County of Riverside, State of California (the “Property”);
WHEREAS, the City is pursuing its Palomar Street Widening Phase 2 Project, the completion of which requires dedication of right-of-way over a portion of the Property, which is described and depicted in Exhibit “A” attached hereto and incorporated herein by reference; WHEREAS, the provisions of the Public Cemetery District Law, California Health and Safety Code §§ 9000 et seq., authorizes a cemetery district to dedicate real property or an interest in real property owned by the district to another public agency for use as roads or utility rights-of- way;
WHEREAS, pursuant to California Health and Safety Code § 9056, the Board of Trustees adopted a resolution of intention describing the proposed dedication, making specified findings, and setting a public hearing for December 13, 2023, to consider the proposed dedication and to hear from all interested parties in the matter;
WHEREAS, notice of said hearing was duly published in accordance with California Health and Safety Code § 9056 and California Government Code § 6061; and WHEREAS, on December 13, 2023, the Board of Directors opened and conducted the public hearing allowing all interested parties an opportunity to speak.
NOW, THEREFORE, THE BOARD OF TRUSTEES OF THE WILDOMAR
CEMETERY DISTRICT, HAVING CONSIDERED AND BEEN FULLY ADVISED IN THE
MATTER AND GOOD CAUSE APPEARING THEREFORE, DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are true and correct, and are incorporated herein as a substantive part of this Resolution.
SECTION 2. Real Property Description. The interest in real property proposed to be dedicated to the City (the “Right-of-way”) is described and depicted with particularity in Exhibit A, attached hereto and made a part hereof by this reference. 331
4857-6647-0800 v2 -2-
SECTION 3. Terms and Conditions. The dedication of right-of-way to the City shall be at no cost to the City, subject to the City’s obligation to improve the right-of-way pursuant to a road widening project, including curb and gutters, at no cost to the District.
SECTION 4. Dedication. The Board of Trustees hereby approves and orders the dedication of the Right-of-way and authorizes and directs the City Manager, in his capacity as Executive Director of the District, to execute and deliver to the City for recordation in the official records of the County of Riverside, a deed of dedication in substantially the form attached hereto as Exhibit “B,” and incorporated herein by this reference.
SECTION 5. Certification. The Secretary to the Board of Trustees shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this __ day of ________, 2023. ______________________________
JOSEPH MORABITO, CHAIR
ATTEST:
__________________________________
JANET MORALES, CMC, SECRETARY
332
4857-6647-0800 v2 -3-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF WILDOMAR )
I, Janet Morales, CMC, Secretary of the Wildomar Cemetery District, do hereby certify that the foregoing Resolution No. _________ was duly adopted by the Board of Trustees of the Wildomar Cemetery District at a regular meeting thereof, held on the __ day of ____________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
___________________________________
JANET MORALES, CMC, SECRETARY
333
4857-6647-0800 v2 -4-
EXHIBIT A
Legal Description and Depiction
334
4857-6647-0800 v2 -5-
335
4857-6647-0800 v2 -6-
336
4857-6647-0800 v2 -7-
337
4857-6647-0800 v2 -8-
EXHIBIT B
Easement Deed
Certificate of Acceptance of Easement
(Government Code Section 27281)
THIS IS TO CERTIFY that the interest in real property conveyed by the deed dated _______________, from ______________ to the CITY OF WILDOMAR, a municipal corporation, is hereby accepted for the dedicated purposes by the undersigned officer on behalf of the City Council pursuant to the authority contained in City Municipal Code Section 12.04 and the Grantee consents to the recordation thereof by its duly authorized officer.
Dated: ______________
City of Wildomar
By: _________________________
Jason Farag
Public Works Director
NO FEE DOCUMENT
Government Code §6103 & §27383
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
The Above Space For Recorder’s Use Only
Projects Name: _________________________
Project No. ______________
Address: _______________________________
APN: 376-060-012
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE.
EASEMENT DEED
FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, the WILDOMAR CEMETERY DISTRICT , a California public district, hereinafter referred to as “Grantor”, hereby grants and conveys to the CITY OF WILDOMAR , a municipal corporation, hereinafter referred to as “Grantee”, its successors and assigns, a perpetual non-exclusive easement for street, utility and drainage purposes including but not limited to, construction, installation, use, repair, reconstruction, inspection, operation, maintenance and all appurtenant works including ingress and egress thereto, over, upon, under and across that real property situated in the City of Wildomar, County of Riverside, State of California, as described in Exhibit “A” and shown in Exhibit “B”, attached hereto and made a part hereof, hereinafter referred to as “Easement Area”.
Grantor and Grantor’s successors and assigns, shall have all rights and privileges as may be used and enjoyed without interfering with the use of the Easement.
This instrument shall be binding upon and inure to the benefit of the successor and assigns of the Grantor.
Assessor Parcel Number: 376-060-012
Executed this day of , 2023
338
4857-6647-0800 v2 -9-
GRANTOR:
By: WILDOMAR CEMETERY DISTRICT
By: ______________________________
Print Name: __________________________
Title: ____
By: ______________________________
Print Name: __________________________
Title: ____
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On _____________, 201__, before me, _____________________________________________ (here insert name and title of the officer), personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ______________________________ (Seal)
EXHIBIT A
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. 339
4857-6647-0800 v2 -10-
Legal Description and Depiction
340
4857-6647-0800 v2 -11-
341
4857-6647-0800 v2 -12-
EXHIBIT B
Projects Name: _________________________
Project No. ______________
Address: _______________________________
APN: 376-060-012
342
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Warren Repke
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. -$ -$ - $ -$ - $ - $ Design/PS&E 51,000 51,000 - - - - Right-of-Way 180,000 180,000 - - - - Construction 4,800,000 3,860,000 940,000 - - - Const Admin/Inspect. 218,000 208,000 10,000 - - - Total Cost: 5,249,000$ 4,299,000$ 950,000$ -$ -$ -$
FUNDING SOURCES
503 - TUMF 3,935,750$ 3,113,250$ 822,500$ -$ - $ - $ 120 - Measure AA 730,750 730,750 - - - - 201 - Measure A 150,000 22,500 127,500 - - - 203 - TDA Fund 432,500 432,500 - - - - - - - - - -
PROJECT DESCRIPTION AND EXHIBIT
Phase 2 of the Palomar St. Widening Project will widen Palomar St. between Gruwell St. to Wildomar Trail. This project will be designed and constructed concurrently with Phase 1 of the Cemetery Master Plan improvements (see CIP 067-1 for details and additional funding).
Improvements on Palomar St. will include the addition of new vehicle lanes to widen the road from two lanes to four lanes, bike lanes, sidewalks, and multi-purpose trails. Design of the project will also take into account the Wildomar Old Town Vision located at the northeast corner of Wildomar Trail and Palomar St. The project will also include improvements to Gruwell St. along the frontage of the cemetery, including roadway widening, bike lanes, curb, gutter, and a pedestrian path (sidewalk and/or trail).
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PROJECT SUMMARY
Palomar St. Widening Project (Phase 2) 028-2
Gruwell St. to Wildomar Trail Trans. (Roads)
PALOMAR ST.WILDOMAR TRAIL
GRUWELL ST.ELM ST.PROJECT LIMITSWILDOMARCEMETERYUNITED STATES POST OFFICEWILDOMARELEMENTARYPALOMAR ST.
CITY OF WILDOMAR
CAPITAL IMPROVEMENT PROGRAM PROJECT DETAIL SHEET
FY 23/24 to FY 27/28
PROJECT TITLE: CIP NO.: DEPT: Public Works
LOCATION: CATEGORY: MANAGER:Warren Repke
INITIATED: FY 21/22
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 &
Future Years
Project Dev/Environ. -$ -$ - $ -$ - $ - $ Design/PS&E 10,000 10,000 - - - - Right-of-Way - - - - - - Construction 715,000 635,000 80,000 - - - Const Admin/Inspect. 57,000 55,000 2,000 - - - Total Cost: 782,000$ 700,000$ 82,000$ -$ -$ -$
FUNDING SOURCES
302 - Cemetery CIP 782,000$ 700,000$ 82,000$ -$ - $ - $ - - - - - - - - - - - - - - - - - - - - - - - -
PROJECT SUMMARY
Phase 1 Cemetery Improvements 067-1
Wildomar Cemetery (Gruwell and Palomar) Cemetery
PROJECT DESCRIPTION AND EXHIBIT
Design and Construction of Phase 1 Improvements consisting of:
- Americans with Disabilities Act (ADA) Improvements
- Removal and construction of new cemetery walls and gates. - Landscaping on street side of the walls.
Note: This project will be designed concurrently with CIP 028-2 (Palomar St. Widening along the cemetery frontage). See CIP 028-2 for details.
PROJECT
PHASE/TASK
TOTAL 5-
YEAR
PROJECT
PROJECTED BUDGETPROPOSED BUDGET
PALOMAR ST.GRUWELL ST.WILDOMAR CEMETERY
State of California
VEHICLE CODE
Section 22710
22710. (a) A service authority for the abatement of abandoned v ehicles may be established, and a one dollar ($1) vehicle registration fee imposed, in a county if the board of supervisors of the county, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county ha ve adopted resolutions providing for the establishment of the authority and imposition of the fee.
The membership of the authority shall be determined by concurrence of the board of supervisors and a majority vote of the majority of the cities within the county having a majority of the incorporated population.
(b) The authority may contract and may undertake any act convenient or necessary to carry out a law relating to the authority. The authority shall be staffed by existing personnel of the city, county, or county transportation commission. (c) (1) Notwithstanding any other provision of law, a service authority may adopt an ordinance establishing procedures for the abatement, remo val, and disposal, as a public nuisance, of an abandoned, wrecked, dismantled, or inoperative vehicle or part of the vehicle from private or public property; and for the recovery, pursuant to Section 25845 or 38773.5 of the Go vernment Code, or assumption by the service authority , of costs associated with the enforcement of the ordinance. Cost reco very shall only be undertaken by an entity that may be a county or city or the department, pursuant to contract with the service authority as provided in this section. (2) (A) The money received by an authority pursuant to Section 9250.7 and this section shall be used only for the abatement, remo val, or the disposal as a public nuisance of an y abandoned, wreck ed, dismantled, or inoperati ve vehicle or part of the vehicle from private or public property. The money received shall not be used to offset the costs of vehicles towed under authorities other than an ordinance adopted pursuant to paragraph (1) or when costs are recovered under Section 22850.5. (B) The money received by a service authority pursuant to Section 9250.7 and this section that are une xpended in a fiscal year may be carried forw ard by the service authority for the abandoned v ehicle abatement program in the follo wing fiscal year as agreed upon by the service authority and its member agencies. (d) (1) An abandoned vehicle abatement program and plan of a service authority shall be implemented only with the approval of the county and a majority of the cities having a majority of the incorporated population.
(2) (A) The department shall pro vide guidelines for an abandoned v ehicle abatement program. An authority’s abandoned vehicle abatement plan and program shall be consistent with those guidelines, and shall provide for, but not be limited to, 276345
an estimate of the number of abandoned vehicles, a disposal and enforcement strategy including contractual agreements, and appropriate fiscal controls. (B) The department’s guidelines provided pursuant to this paragraph shall include, but not be limited to, requiring each service authority recei ving funds from the Abandoned Vehicle Trust Fund to report to the Controller on an annual basis pursuant to subdivision (c) of Section 9250.7, in a manner prescribed by the department, and pursuant to an approved abandoned vehicle abatement program. (C) A service authority may carry out an abandoned v ehicle abatement from a public property after providing a notice as specified by the local ordinance adopted pursuant to Section 22660 of the jurisdiction in which the abandoned vehicle is located and that notice has expired.
(3) After a plan has been approved pursuant to paragraph (1), the service authority shall, not later than August 1 of the year in which the plan w as approved, submit it to the department for re view, and the department shall, not later than October 1 of that same year, either approve the plan as submitted or mak e recommendations for revision. After the plan has recei ved the department’s approval as being consistent with the department’s guidelines, the service authority shall submit it to the Controller. (4) Except as provided in subdivision (e), the Controller shall not make an allocation for a fiscal year, commencing on July 1 follo wing the Controller’s determination to suspend a service authority when a service authority has f ailed to comply with the provisions set forth in Section 9250.7.
(5) A governmental agency shall not recei ve funds from a service authority for the abatement of abandoned v ehicles pursuant to an appro ved abandoned v ehicle abatement program unless the governmental agency has submitted an annual report to the service authority stating the manner in which the funds were expended, and the number of vehicles abated. The governmental agency shall receive that percentage of the total funds collected by the service authority that is equal to its share of the formula calculated pursuant to paragraph (6).
(6) Each service authority shall calculate a formula for apportioning funds to each governmental agency that receives funds from the service authority and submit that formula to the Controller with the annual report required pursuant to paragraph (2).
The formula shall apportion 50 percent of the funds received by the service authority to a go vernmental agenc y based on the percentage of v ehicles abated by that governmental agency of the total number of abandoned vehicles abated by all member agencies, and 50 percent based on population and geographic area, as determined by the service authority. When the formula is first submitted to the Controller, and each time the formula is re vised thereafter, the service authority shall include a detailed explanation of how the service authority determined the apportionment between per capita abatements and service area.
(7) Notwithstanding any other provision of this subdi vision, the Controller may allocate to the service authority in the County of Humboldt the net amount of the abandoned vehicle abatement funds received from the fee imposed by that authority, as described in subdivision (b) of Section 9250.7, for calendar years 2000 and 2001. 277346
(e) A plan that has been submitted to the Controller pursuant to subdi vision (d) may be revised pursuant to the procedure prescribed in that subdi vision, including compliance with any dates described therein for submission to the department and the Controller, respectively, in the year in which the re visions are proposed by the service authority. Compliance with that procedure shall only be required if the revisions are substantial.
(f) For purposes of this section, “abandoned vehicle abatement” means the removal of a vehicle from public or pri vate property by towing or any other means after the vehicle has been marked as abandoned by an official of a governmental agency that is a member of the service authority.
(g) A service authority shall cease to e xist on the date that all re venues received by the authority pursuant to this section and Section 9250.7 have been expended. (h) In the event of a conflict with other provisions of law, this section shall govern the disbursement of money collected pursuant to this section and from the Abandoned Vehicle Trust Fund for the implementation of the abandoned v ehicle abatement program.
(Amended by Stats. 2007, Ch. 389, Sec. 2. Effective January 1, 2008.) 278347