CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR
MEETING
WEDNESDAY, AUGUST 14, 2024
Regular Session 6:00 PM
COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Bridgette Moore - Mayor/ Chair | District 4
Ashlee DePhillippo - Mayor Pro Tem/ Vice Chair | District 5 Carlos Marquez - Council Member/ Trustee | District 1
Joseph Morabito - Council Member/ Trustee | District 3
Dustin Nigg - Council Member/ Trustee | District 2
Daniel York, City Manager/General Manager Thomas D. Jex, City Attorney/District Counsel The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
1 NOTICE:
City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
ROLL CALL
Council discussion and determination on whether an absence is excused.
FLAG SALUTE
PRESENTATIONS
1. Certificates of Recognition for Volunteers - Fire Incident August 3, 2024
DEPARTMENT REPORTS
Police Department Quarterly Update
RECOMMENDATION:
Receive and File.
Fire Department Quarterly Update
RECOMMENDATION:
Receive and File.
Wildomar Library Quarterly Update
RECOMMENDATION:
Receive and File.
Economic Development Legislative Update
Presented By: Kimberly Davidson, Economic Development Department RECOMMENDATION:
Receive and File.
PUBLIC COMMENTS
This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that
do not
appear on the agenda. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
2 1.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
1.1 May 8, 2024 - City Council/Cemetery District Regular Minutes
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
Approve the minutes as presented.
1.2 June 12, 2024 - City Council/Cemetery District Regular Minutes
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
Approve the minutes as presented.
COUNCIL COMMUNICATIONS
1. Riverside Conservation Authority (RCA)
2. Riverside Transit Agency (RTA)
3. Riverside County Transportation Commission (RCTC)
4 League of California Cities
5. Southern California Association of Governments (SCAG)
6. Riverside County Habitat Conservation Agency (RCHCA)
7. Western Riverside Council of Governments (WRCOG)
8. Southwest Community Financing Authority (Animal Shelter)
9. Ad Hoc & Subcommittees
10. Community events
11. Regional events
12. Chamber of Commerce
APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
3 1.3
July 2024 Warrant Register
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the following:
For Fiscal Year 2023/2024:
1. Warrant Register dated 07-03-2024 in the amount of $59,955.22.
2. Warrant Register dated 07-11-2024 in the amount of $720,240.83.
3. Warrant Register dated 07-18-2024 in the amount of $143,690.28.
4. Warrant Register dated 07-25-2024 in the amount of $268,675.73.
5. Wire Transfer Register dated 07-31-2024 in the amount of $5,377,101.44.
6. Payroll Register dated 08-01-2024 in the amount of $500,324.21.
For Fiscal Year 2024/2025:
1. Warrant Register dated 07-03-2024 in the amount of $60,704.07.
2. Warrant Register dated 07-11-2024 in the amount of $26,302.66.
3. Warrant Register dated 07-18-2024 in the amount of $8,442.86.
4. Warrant Register dated 07-25-2024 in the amount of $423,485.87.
1.4 June 2024 City Treasurers Report
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the Treasurer’s Report for June 2024.
1.5 2nd Reading of Ordinance No. 242
Presented By: Raul Berroteran
, Code Enforcement Department
RECOMMENDATION:
Adopt an ordinance titled:
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTION 8.96 (SEWAGE DISCHARGE) OF THE
WILDOMAR MUNICIPAL CODE
1.6 Amendment No. 2 to Interwest Consulting Group Agreement for Right-of-Way Acquisition Services for the Palomar Street Widening Project, Phase 2 (CIP 028-2)
Location: Palomar Street from Wildomar Trail to Ione Lane Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Authorize the City Manager to approve a Task Agreement Amendment for additional right-of-way acquisition services for the Palomar St. Widening Project, Phase 2 (CIP 028-2), in the amount of $24,175.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
4 1.7
Second Amendment to Agreement with Architerra Design Group for the 20- Acre Park Project (CIP 099)
Location: Gierson Avenue and Palomar Street
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Authorize the City Manager to execute the Second Amendment to the Agreement with Architerra Design Group for the 20-Acre Park Project
1.8 Annexation No. 12 into Community Facilities District No. 2022-1 (Services) for Oak Springs Ranch II (PP 20-0044)
Location: 36101 Inland Valley Drive, Wildomar, CA
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2024 - _____
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. 12) AND AUTHORIZING THE LEVY OF SPECIAL TAXES
THEREIN
1.9 Tract No. 31896 (Avalino) - Vacation of Right-of-Way on Starbuck Circle (Project No. 22-0147)
Location: Starbuck Circle and Palomar Street
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Adopt a Resolution entitled:
RESOLUTION NO. 2024 -______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, SUMMARILY VACATING A PORTION OF STARBUCK CIRCLE,
INCLUDING A RESERVATION OF A PUBLIC UTILITY EASEMENT
1.10 Purchase and Sale Agreement for Remainder Parcels on Palomar St.
Location: Vacant property on the west side of Palomar St., between Elm St. and Gruwell St. (APNs 376-051-015 and 376-051-016)
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:
Authorize the City Manager to execute a Purchase and Sale Agreement for the acquisition of vacant parcels on Palomar St.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
5 1.11
2024 Biennial Conflict of Interest Notice and Update
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
1. Receive and file the 2024 Local Agency Biennial Notice; and
2. Adopt a Resolution entitled:
RESOLUTION NO. 2024 - ___
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
1.12 2024 Holiday Home Decoration Contests
Presented By: Daniel Torres
, Community Services Department
RECOMMENDATION:
Receive and file the kick off of the 2024 Home Decoration Contest.
1.13 National Clean Up Day Event MOU with Wildomar Community & Parks Foundation
Presented By: Daniel Torres
, Community Services Department
RECOMMENDATION:
1. Authorize the City Manager to sign the MOU with the foundation dependent that the foundation fulfills all requirements;
2. Waive fees associated with the application and processing of the Temporary Event Permit dependent that the foundation fulfills all requirements.
2. PUBLIC HEARINGS
No items scheduled.
3. GENERAL BUSINESS
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
6 3.1
Purchase of City Vehicles
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
1.) Approve the purchase of three Ford F-150 4WD pickup truck vehicles under California State Contract 1-22-23-20F
2.) Approve the purchase of one Ford T-150 cargo van under California State Contract 1-22-23-23F
3.) Approve the following supplemental appropriations totaling $197,200 to cover the cost of purchasing the vehicles and making necessary improvements:
$45,200 in 100-430-4310-58130
$48,300 in 100-430-4350-58130
$49,300 in 100-410-4610-58130
$27,200 in 120-450-4500-58130
$27,200 in 200-450-4500-58130
3.2 League of California Cities Annual General Business Meeting Voting Delegate and Alternate(s)
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
Ratify Council Member Morabito as the Voting Delegate and Mayor Moore as one alternate and consider appointing one other Council Member as another alternate for the League of California Cities Annual General Business Meeting.
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
Future Agenda Items
RECOMMENDATION:
Title- Councilmember-Anticipated Date
1. Expand Pavement Management/Road Rehab Program for private and public roads - Marquez - TBD
ADJOURN THE CITY COUNCIL MEETING
In accordance with Government Code Section 54952.3, I, Janet Morales, City of Wildomar City Clerk, do hereby declare that the Board of Trustees will receive no compensation or stipend for the convening of the following regular meeting of the Wildomar Cemetery District.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
7 4.
CEMETERY CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.
4.1 May 8, 2024 - City Council/Cemetery District Regular Minutes
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
Approve the minutes as presented.
4.2 June 12, 2024 - City Council/Cemetery District Regular Minutes
Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:
Approve the minutes as presented.
4.3 July 2024 Cemetery Warrant Register
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the following:
For Fiscal Year 2023/2024
1. Warrant Register dated 07-03-2024 in the amount of $1,400.83.
2. Warrant Register dated 07-18-2024 in the amount of $1,456.49.
For Fiscal Year 2024/2025
1. Warrant Register dated 07-03-2024 in the amount of $950.00.
2. Warrant Register dated 07-18-2024 in the amount of $1,120.29.
3. Warrant Register dated 07-25-2024 in the amount of $1,393.93.
ROLL CALL
Board discussion and determination on whether an absence is excused.
PUBLIC COMMENTS
BOARD COMMUNICATIONS
APPROVAL OF THE AGENDA AS PRESENTED
The Board of Trustees to approve the agenda as it is herein presented, or, if it is the desire of the Board, the agenda can be reordered, added to, or have items tabled at this time.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
8 4.4
June 2024 Cemetery Treasurers Report
Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:
Approve the Treasurer’s Report for June 2024.
5. CEMETERY PUBLIC HEARINGS
No items scheduled.
6. CEMETERY GENERAL BUSINESS
No items scheduled.
GENERAL MANAGER REPORT
FUTURE AGENDA ITEMS
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
9 PARTICIPATION
MEETINGS
Regular City Council Meetings are held on the 2nd Wednesday of every month at 6:00 P.M. in the City Council Chambers, 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595.
VIEW THE MEETING
1. In Person
| City Council Chambers 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595
2. Cable TV
| Frontier Channel 36 or AT&T Channel 99
3. Watch Live
|
https://www.cityofwildomar.org/129/Agendas-Videos-Watch-Live | Click on the
"Live Video Link"
PARTICIPATE IN THE MEETING
1. Fill out the speaker card located on the table near the entrance of the chambers.
2. Submit the speaker card to the City Clerk in the basket located at the front of the chambers.
3. When the City Clerk calls your name, please come up to the front podium.
During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. Public Comments are limited to (3) minutes or such other time as the Council may provide. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.
ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.
REPORTS
All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address: http://www.cityofwildomar.org. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
10 AFFIDAVIT OF POSTING
I, Janet Morales, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org.
Janet Morales, CMC
City Clerk
Dated: August 8, 2024
CITY COUNCIL/CEMETERY DISTRICT - CC - REGULAR MEETING
11 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: August 14, 2024
SUBJECT:
Police Department Quarterly Update
ACTION:
Receive and File.
FISCAL IMPACT:
As this is merely a report on activities, it does not have any fiscal impact.
ACCOUNT CODE:
100-460-4700
120-460-4700
ATTACHMENTS:
A. Apr-Jun Wildomar Stats Presentation_2024
12 City of Wildomar
Stats
April 2024 to June 2024
S.E.T. Sergeant Meissen
S.E.T. Deputy Crivello
S.E.T. Deputy Tickel
Riverside Sheriff’s Department
StatsLt
13 Calls for Service
Jun – 1,284Apr – 1,235 May – 1,250
141
353
406
350
0 50
100
150
200
250
300
350
400
450
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
101
339
411 384
0 50
100
150
200
250
300
350
400
450
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
197
328
391 368
0 50
100
150
200
250
300
350
400
450
00:00 to
06:00
06:00 to
12:00
12:00 to
18:00
18:00 to
24:00
Jun 2023 – 1,570May 2023– 1,404Apr 2023– 1,375
14 18
35 24
41 35
28 0
5 10
15 20
25 30
35 40
45 Apr May Jun
Misdemeanor
2023 2024
Arrests
16 21
1314
26 10
0 5
10 15
20 25
30 Apr May Jun
Felony
2023 2024
15 Part 1 - Property & Violent Crimes
Jan Feb Mar Apr May Jun
6-Month
2024
6-Month
2023
Aggravated Assault 4 1 15 2 3 4 29 26
Robbery 0 1 1 0 0 0 2 4
Sex Crimes 0 1 0 0 0 0 1 6
Homicide 0 0 0 1 0 0 1 1
Burglary 3 8 2 11 7 2 33 44
Larceny 22 10 19 19 22 17 109 142
Veh Theft 6 3 5 9 13 3 39 41
16 Aggravated Assault
Robbery
Sex Crimes
Homicide
2 2
1 0
0 0
0 1
Apr
2023 2024
2 3
1 0
1 0
0 0
May
2023 2024
3 4
1 0
1 0
0 0
Jun
2023 2024
Part 1 - Violent Crimes
17 Burglary
Larceny
Vehicle Theft
4 11
28 19
4 9
Apr
2023 2024
7 7
25 22
6 13
May
2023 2024
10 2
25 17
8 3
Jun
2023 2024
Part 1 - Property Crimes
18 Average Response Time
Priority 1 Priority 2 Priority 3 Priority 4
Apr
May
Jun
Priority 1 calls: Threat to human life or property, which involve a high level of violence or serous injury.
Priority 2 calls: Pose or did pose immediate threat to human life or property.
Priority 3 calls: Circumstances which are neither urgent nor life threatening.
Priority 4 calls: Most past calls are considered a priority 4. (Fraud, Burglary, and Theft not in progress)
5.08 7.30
6.56 22.64
24.38 25.86
42.56 42.57
39.42 47.67
45.53 55.48
14 20
17 318
281
308
243
263
249
121
174
153
CFS CFS CFS CFSART ART ART ART
19 Traffic Collisions
Total Collisions
Fatal Collisions
Total Citations
10 10 8
0 0 0
177 161 188
Apr May Jun
20 Staffing Levels
• 60.5 Daily Patrol Hours (accounts for 5 deputies per day/12 full-time deputies dedicated to the city.
• 2 Community Service Officers
• 1 Motor deputy
• 2 full-time Special Enforcement Team deputies
• *On any given day at peak deployment there may be up to 6 deputies and a CSO working at one time.
• * In addition to the staffing assigned to Wildomar the Lake Elsinore Sheriff’s Station may have an additional (20) patrol, traffic, and SET deputies that can respond to Wildomar if needed.
21 Special Enforcement Team STATS
•63 Surveillance Operations
•7 Probation Searches
•32 Search Warrants
•Methamphetamine – 1.5 pounds
•Powder fentanyl – ½ pound
•M30 fentanyl pills – 9,200
•Illegal Guns -4
•35 Arrests
22 Narcotics Investigation (Cont.)
April-June
**Any further details regarding these investigations could jeopardize the cases.** • Over 9,200 M30 fentanyl pills – Worth
about $10 each street value.
• Over $95,000 in street value seized
• Over ½ pound of powder fentanyl.
• Two arrests made
23 Non-Emergency Line
(951) 776-1099
Sheriff’s Station
(951) 245-3300
Riversidesheriff.org
24 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: August 14, 2024
SUBJECT:
Fire Department Quarterly Update
ACTION:
Receive and File.
FISCAL IMPACT:
As this is merely a report on activities, it does not have any fiscal impact.
ACCOUNT CODE:
100-460-4710
120-460-4710
ATTACHMENTS:
A. Presentation - April - June 2024
25 CAL FIRE / Riverside
County Fire Quarterly
Report
CITY OF
WILDOMAR
26 936 Calls for service
4.9 Minute emergency
response time
27 WILDOMAR FIRE MARSHALS
OFFICE
61 Plan reviews
1,009 Fire Inspections
*719 Weed Abatement
14 Day plan review turnaround time
5 Day fire inspection turnaround
time.
28 @ San Diego
County Fair at the
Del Mar Fairgrounds
Proceeds went
to the Burn
Institute
supporting burn
prevention
education &
burn survivor
2024 Fire and Safety Expo & Firefighter Demolition
Derby
Our Fire Crews raised a record $12,000 for charity!
29 City of Wildomar
CAL FIRE Riverside
County Fire
Department
30 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: August 14, 2024
SUBJECT:
Wildomar Library Quarterly Update
ACTION:
Receive and File.
FISCAL IMPACT:
As this is only a, update, it does not have any fiscal impact.
ATTACHMENTS:
1. Presentation - Wildomar Library April - June 2024
31 Wildomar Library
Report
Second Quarter:
April May June 2024
32 Community
Services
Computer Usage
419 / 453 / 417 = 1,289
WiFi Sessions
760/ 675 / 627 = 2,062
Reference Questions
551/ 620 / 591 = 1,762
Program Attendance
1,001/ 483 / 849 = 1,762
0 200
400
600
800
1000
1200
Computer Usage WiFi Reference Questions Program Attendance Community Services 2nd Quarter 2024
April May June
33 Literacy and
Educational
Services
Total Visits 3,691/ 3,337 / 3,755 = 11,360
Circulation 5,891 / 5,786 / 5,873 = 28,910
Total Programs 30 / 33/ 33 = 96
New Memberships 89 / 61 / 97 = 247
Total Open Hours 196 / 196 / 185 = 577
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
Library Traffic
April May June
Child YA Adult
April 4,043 296 1,552
May 3,977 278 1,531
June 3,869 442 1,562
0 1,000
2,000
3,000
4,000
5,000
Circulation by Age Category
34 Contact Us!
[email protected]
951-471-3855
Visit Us!
34303 Mission Trail, Wildomar
www.rivlib.net
Follow Us!
Facebook, Instagram
35 CITY OF WILDOMAR
CC - REGULAR MEETING
DEPARTMENT REPORT
Meeting Date: August 14, 2024
SUBJECT:
Economic Development Legislative Update
SUBMITTED BY:
Kimberly Davidson, Economic Development Director & Public Information Officer
PREPARED BY:
Kimberly Davidson, Economic Development Director & Public Information Officer
ACTION:
Receive and File.
ATTACHMENTS:
Legislative Update_8-14-2024.pptx
Legislative Update_MWCoC Bill Positions_2024.pdf
Housing and Comm Dev_Legislative Summary 2024.pdf
36 Legislativ
e
Update
Kimberly Davidson
Economic Development Director
& Public Information Officer
City of Wildomar
August 14, 2024
37 8JMEPNBSʟT
-FHJTMBUJWF 1MBUGPSN
"EPQUFE.BZ
0WFSBSDIJOH(VJEFMJOFT
1SFTFSWBUJPOPG-PDBM$POUSPM
1SPNPUJPOPG'JTDBM4UBCJMJUZ
4VQQPSU'VOEJOH0QQPSUVOJUJFT
38 SB 35 STREAMLINED AFFORDABLE
HOUSING
SB 35 allows qualifying development
projects with certain minimum
affordable housing guarantees to
move more quickly through the local
government review process and
restricts the ability of local
governments to reject these
proposals. The bill was signed into
law in 2017 and became effective on
January 1, 2018.
These projects must be processed as
a “ministerial approval” (i.e.,
staff level) with no public hearing
needed.
39 2,159 bills have been
introduced in the legislature
so far this year.
• 1,520 in the Assembly
• 639 in the Senate
40 SB 1494 (Glazer) which would
have
prohibited cities from
entering a sales tax rebate
agreement with a retailer
starting next year and
voided all existing
agreements on January 1,
2030, failed passage on the
Senate floor.
SB 1044 (Seyarto) Beginning
January 1, 2025, this Bill
increases the monthly limit
on bingo overhead costs to
$3,000 per month and makes
annual adjustments based on
X
41 AB 2557 (Ortega) - Creates
new, burdensome and
bureaucratic mandates on
service providers to local
governments (e.g. restricting
contracts with nonprofits and
community-based organizations
that provide homeless services,
mental health programs, foster
care, 9-1-1 dispatching,
emergency response, and more.)
AB 2561 (McKinnor) -
Requires local agencies with
bargaining unit vacancy
rates exceeding 10% to
implement a plan to hire and
fill every single one
As of 8/5/2024:
Both bills were sent to the
suspense file due to costs.
By way of process, all
bills must pass out of the
Appropriations Committees
by August 16th. Our
lobbyist expects the
Suspense file will be
brought up on either August
15th or 16th.
42 • Gonsalves & Son (Lobbyist)
• League of California Cities
• Burke, Williams & Sorensen, LLP
• Avenu Insights & Analytics
• Southwest California Legislative Council (SWCLC)
• Direct Requests from “Partner” Agencies
53"$,*/( 5)& #*--4
YOU can track them, too:
https://leginfo.legislature.ca.gov/
In addition, Bill hearings for the
Senate and Assembly can be
followed and watched at:
www.senate.ca.gov
www.assembly.ca.gov
& Murrieta/Wildomar Chamber of Commerce
(Tracking 70 bills, included as attachment)
43 2024
Letters of
Support
44 State Capitol Office
State Capitol
P .O. Box 942849
Sacramento, CA 94249-0071
Phone - 916-319-2071
Satellite District Office
24630 Washington Ave, Suite 202
Murrieta, CA 92562
Phone - 951-696-0002
Assembly Member
Kate Sanchez
71st Assembly District
https://ad71.asmrc.org/
Senator
Kelly Seyarto
32nd District
https://sr32.senate.ca.gov/
Capitol Office
1021 O Street, Suite 7120
Sacramento, CA 95814
Phone: 916-651-4032
Murrieta District Office
24640 Jefferson Avenue, Suite 202
Murrieta, CA 92562
Phone: (951) 894-2220
Fax: (951) 894-3536
45 AB 68 (Ward, D) Land use: streamlined housing approvals: density, subdivision, and utility approvals.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Oppose
AB 306 (Sanchez, R) Office of Small Business Advocate: one-stop capital shop online platform.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Support
AB 538 (Holden, D
) Multistate regional transmission system organization: membership.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Support
AB 539 (Nguyen, Stephanie, D
) Unruh Civil Rights Act: high-frequency litigants.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Support
AB 627 (Jackson, D) Drayage trucks: voucher incentive project.
Status: 07/02/2024 - Failed Deadline pursuant to Rule 61(b)(13). (Last location was E.Q. on 5/1/2024) Position: Oppose
AB 1000 (Reyes, D
) Qualifying logistics use projects.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Oppose
AB 1156 (Bonta, D) Workers’ compensation: hospital employees.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Oppose
AB 1669 (Quirk-Silva, D
) California Historically Significant Commercial District Act.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Support
AB 1714 (Wood, D
) Public utilities: broadband service providers.
Status: 02/01/2024 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Position: Oppose
46 AB 1779 (Irwin, D) Theft: jurisdiction.
Status: 07/01/2024 - Read second time. Ordered to third reading.
Position: Support
AB 1819 (Waldron, R) Enhanced infrastructure financing districts: public capital facilities: wildfires.
Status: 06/27/2024 - Read second time and amended. Ordered to third reading.
Position: Support
AB 1867 (Sanchez, R) Personal Income Tax Law: deductions: homeowners’ insurance premiums.
Status: 04/29/2024 - In committee: Set, second hearing. Held under submission.
Position: Support
AB 1886 (Alvarez, D
) Housing Element Law: substantial compliance: Housing Accountability Act.
Status: 07/01/2024 - In committee: Hearing postponed by committee. From committee chair, with author's amendments:
Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Position: Watch
AB 1928 (Sanchez, R) Worker classification: employees and independent contractors.
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was L. & E. on 2/12/2024) Position: Support
AB 1990 (Carrillo, Wendy, D
) Criminal procedure: arrests: shoplifting.
Status: 07/02/2024 - Failed Deadline pursuant to Rule 61(b)(13). (Last location was PUB. S. on 6/5/2024) Position: Support
AB 2011 (Bauer-Kahan, D
) Unlawful employment practices: small employer family leave mediation program: reproductive loss leave.
Status: 07/18/2024 - Chaptered by Secretary of State - Chapter 147, Statutes of 2024 Position: Support
AB 2079 (Bennett, D
) Groundwater extraction: large-diameter, high-capacity water wells: permits.
Status: 07/02/2024 - Failed Deadline pursuant to Rule 61(b)(13). (Last location was N.R. & W. on 5/29/2024) Position: Oppose
AB 2179 (Davies, R
) Pupil services: local apprenticeship programs and preapprenticeship programs: notification of parents or guardians.
Status: 07/02/2024 - Chaptered by Secretary of State - Chapter 62, Statutes of 2024 Position: Support
AB 2200 (Kalra, D
) Guaranteed Health Care for All.
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 5/15/2024) Position: Oppose
AB 2294 (Schiavo, D) Personal Income Tax Law: Corporation Tax Law: New Employment Credit.
Status: 04/01/2024 - In committee: Set, first hearing. Hearing canceled at the request of author.
Position: Support
AB 2371 (Carrillo, Juan, D
) Electrified security fences.
Status: 07/03/2024 - From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (July 3).
Position: Watch
47 AB 2374 (Haney, D) Displaced janitors.
Status: 07/03/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 2.) (July 2). Re-referred to Com. on APPR.
Position: Oppose
AB 2448 (Jackson, D) Electric Vehicle Economic Opportunity Zone: County of Riverside.
Status: 06/24/2024 - Withdrawn from committee. Re-referred to Com. on APPR.
Position: Support
AB 2499 (Schiavo, D) Employment: unlawful discrimination and paid sick days: victims of violence.
Status: 07/03/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.
Position: Oppose
AB 2550 (Gabriel, D
) Business establishments: building standards: retail food safety.
Status: 07/03/2024 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (July 2). Re-referred to Com. on APPR.
Position: Support
AB 2557 (Ortega, D
) Local agencies: contracts for special services and temporary help: performance reports.
Status: 07/03/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 3. Noes 2.) (July 3). Read second time and amended. Re-referred to Com. on APPR.
Position: Oppose
AB 2751 (Haney, D
) Employer communications during nonworking hours.
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 5/8/2024) Position: Oppose
AB 2827 (Reyes, D
) Invasive species: prevention.
Status: 06/26/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR.
Position: Support
AB 2829 (Papan, D
) Digital Advertising Services Tax Law.
Status: 04/29/2024 - In committee: Set, first hearing. Referred to REV. & TAX. suspense file. In committee: Set, second hearing. Held under submission.
Position: Oppose
AB 2847 (Addis, D) Electrical and gas corporations: capital expenditures: request for authorization or recovery.
Status: 07/03/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes
3.) (July 2). Read second time and amended. Re-referred to Com. on APPR.
Position: Oppose
AB 2863 (Schiavo, D) Automatic renewal and continuous service offers.
Status: 06/27/2024 - Read second time and amended. Ordered to third reading.
Position: Oppose
AB 2873 (Garcia, D
) Breaking Barriers to Employment Initiative: grants.
Status: 07/01/2024 - In committee: Referred to suspense file.
Position: Support
48 AB 2876 (Berman, D) Pupil instruction: media literacy: artificial intelligence literacy: curriculum frameworks: instructional materials.
Status: 06/25/2024 - Read second time. Ordered to third reading.
Position: Support
AB 2922 (Garcia, D) Economic development: capital investment incentive programs.
Status: 07/03/2024 - From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 3). Read second time and amended. Re-referred to Com. on APPR.
Position: Support
AB 2943 (Zbur, D) Crimes: shoplifting.
Status: 07/01/2024 - Read second time. Ordered to third reading.
Position: Support
ACA 16 (Bryan, D) Environmental rights.
Status: 06/06/2024 - Read third time and amended. Ordered to third reading.
Position: Oppose
SB 12 (Stern, D
) California Global Warming Solutions Act of 2006: emissions limit.
Status: 02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
Position: Oppose
SB 230 (Seyarto, R
) Income tax: health savings accounts.
Status: 07/01/2024 - July 1 hearing. Held in committee and under submission.
Position: Support
SB 330 (Niello, R
) Labor Code Private Attorneys General Act of 2004.
Status: 02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
Position: Support
SB 556 (Gonzalez, D
) Oil and gas wells: health protection zones: civil liability.
Status: 02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
Position: Oppose
SB 571 (Allen, D
) Fire safety: ingress and egress route recommendations: report.
Status: 07/08/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (July 1).
Read second time and amended. Re-referred to Com. on APPR. (Amended text released 7/10/2024) Position: Oppose
SB 703 (Niello, R
) Employment: work hours: flexible work schedules.
Status: 01/12/2024 - Failed Deadline pursuant to Rule 61(b)(1). (Last location was L.,P.E. & R. on 04/26/2023) Position: Support
SB 881 (Alvarado-Gil, D
) Paid sick days: accrual and use.
Status: 02/01/2024 - Returned to Secretary of Senate pursuant to Joint Rule 56.
Position: Support
SB 893 (Padilla, D
) California Artificial Intelligence Research Hub.
Status: 07/03/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 2).
Read second time and amended. Re-referred to Com. on APPR.
Position: Support
49 SB 895 (Roth, D) Community colleges: Baccalaureate Degree in Nursing Pilot Program.
Status: 07/03/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 2). Re-referred to Com. on APPR.
Position: Support
SB 903 (Skinner, D) Environmental health: product safety: perfluoroalkyl and polyfluoroalkyl substances.
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 4/29/2024) Position: Watch
SB 936 (Seyarto, R) Office of Planning and Research: study: road safety projects.
Status: 07/02/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 1). Re-referred to Com. on APPR.
Position: Support
SB 937 (Wiener, D
) Development projects: permits and other entitlements: fees and charges.
Status: 06/27/2024 - Read second time and amended. Re-referred to Com. on APPR.
Position: Support
SB 955 (Seyarto, R
) Office of Planning and Research: Infrastructure Gap-Fund Program.
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 4/15/2024) Position: Support
SB 968 (Seyarto, R
) Planning and zoning: regional housing needs allocation.
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was HOUSING on 2/14/2024) Position: Support
SB 983 (Wahab, D
) Energy: gasoline stations and alternative fuel infrastructure.
Status: 07/02/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (July 1). Re-referred to Com. on APPR.
Position: Support
SB 986 (Seyarto, R
) Ballot label: bond measure fiscal impact.
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was E. & C.A. on 2/14/2024) Position: Support
SB 1047 (Wiener, D
) Safe and Secure Innovation for Frontier Artificial Intelligence Models Act.
Status: 07/03/2024 - Read second time and amended. Re-referred to Com. on APPR.
Position: Oppose
SB 1075 (Bradford, D
) Credit unions: overdraft and nonsufficient funds fees.
Status: 07/02/2024 - From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 1). Re-referred to Com. on APPR.
Position: Oppose
SB 1086 (Seyarto, R
) Sales and Use Tax Law: motor vehicle fuel tax: sales price: gross receipts.
Status: 04/10/2024 - April 10 set for first hearing. Failed passage in committee. (Ayes 2. Noes 4.) Reconsideration granted.
Position: Support
SB 1116 (Portantino, D) Unemployment insurance: trade disputes: eligibility for benefits.
Status: 07/02/2024 - Failed Deadline pursuant to Rule 61(b)(13). (Last location was INS. on 6/3/2024) Position: Oppose
50 SB 1152 (Limón, D) State Fire Marshal: fire safety: regulations: lithium-based battery systems: telecommunications infrastructure.
Status: 06/26/2024 - Read second time and amended. Re-referred to Com. on APPR.
Position: Support
SB 1159 (Dodd, D) California Environmental Quality Act: roadside wildfire risk reduction projects.
Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file.
Position: Support
SB 1193 (Menjivar, D
) Airports: leaded aviation gasoline.
Status: 06/27/2024 - Read second time and amended. Re-referred to Com. on APPR.
Position: Oppose
SB 1244 (Newman, D) Pupil instruction: dual enrollment: College and Career Access Pathways partnerships.
Status: 06/26/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.
Position: Support
SB 1299 (Cortese, D) Farmworkers: benefits.
Status: 06/26/2024 - Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 3.) (June 26). Re-referred to Com. on APPR.
Position: Oppose
SB 1321 (Wahab, D
) Employment Training Panel: employment training program: projects and proposals.
Status: 07/02/2024 - July 2 set for first hearing. Placed on suspense file.
Position: Oppose
SB 1327 (Glazer, D
) Income taxation: credits: local news media: data extraction transactions.
Status: 06/27/2024 - Read third time. Urgency clause adopted. Passed. (Ayes 27. Noes 7.) Ordered to the Assembly. In Assembly. Read first time. Held at Desk.
Position: Oppose
SB 1345 (Smallwood-Cuevas, D
) Employment discrimination: criminal history information.
Status: 04/25/2024 - Failed Deadline pursuant to Rule 61(b)(5). (Last location was JUD. on 4/3/2024) Position: Oppose
SB 1361 (Blakespear, D
) California Environmental Quality Act: exemption: local agencies: contract for providing services for people experiencing homelessness.
Status: 06/27/2024 - Read second time. Ordered to consent calendar.
Position: Support
SB 1388 (Archuleta, D
) Education finance: community colleges: general fund balance.
Status: 05/16/2024 - Failed Deadline pursuant to Rule 61(b)(8). (Last location was APPR. SUSPENSE FILE on 5/6/2024) Position: Oppose
SB 1391 (Rubio, D
) Teachers: preparation and retention data.
Status: 06/26/2024 - From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.
Position: Support
SB 1432 (Caballero, D
) Health facilities: seismic standards.
Status: 06/27/2024 - Read second time and amended. Re-referred to Com. on APPR. 51 Position: Support
SB 1434 (Durazo, D) Unemployment insurance: benefit and contribution changes.
Status: 04/17/2024 - April 24 set for first hearing canceled at the request of author.
Position: Oppose
SB 1446 (Smallwood-Cuevas, D
) Grocery retail store and retail drug establishment employees: self-service checkout and consequential workplace technology.
Status: 07/08/2024 - From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (July 2).
Read second time and amended. Re-referred to Com. on APPR. (Amended text released 7/10/2024) Position: Oppose
Total Measures: 70
Total Tracking Forms: 70
52 LNG Ban Coalition Letter
March 18th, 2024
US Chamber of Commerce Coalition Letter requesting the US Department of Energy to reverse its ban on reviews for new Liquefied Natural Gas (LNG) export licenses.
INVEST CLEAN
April 19
th, 2024
Letter to the South Coast Air Quality Management District (SCAQMD) supporting their bid for the Climate Pollution Reduction Grant (CPRG) from the US EPA. Their Infrastructure, Vehicles, and Equipment Strategy for Climate Equity, Air Quality, and National Competitiveness (INVEST CLEAN) Project aligns with state and federal plans and drives a zero-emission goods movement through the Southern California corridor.
Digital Trade Rules Letter
June 12
th, 2024
US Chamber of Commerce Coalition Letter to the White House National Security Council and National Economic Council urging them to reverse course and support strong Digital Trade Rules approved by Congress in past trade agreements.
Non-Compete Delay Request
May 21st, 2024
US Chamber of Commerce coalition request to the FTC to delay the implementation of Non-Compete Agreement Bans amidst ongoing litigation involving the US Chamber and the lack of guidance on the implications to businesses.
Prove It Act of 2024
May 20
th, 2024
Coalition Letter with the US Chamber of Commerce requesting the passage of HR 7198 which would ease regulatory burdens on Small Businesses, closing loopholes that allow federal regulators to misrepresent costs, and require those regualtors to consider those costs in rulings and decisions. 53 Housing & Community Development Legislative Summary
August 2024
AB 1657 (Wicks D) The Affordable Housing Bond Act of 2024.
Current Text: Amended: 3/4/2024 html pdf
Introduced: 2/17/2023
Status: 3/4/2024-From committee chair, with author's amendments: Amend, and re-refer to committee.
Read second time, amended, and re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law.
AB 1820 (Schiavo D) Housing development projects: applications: fees and exactions.
Current Text: Amended: 6/5/2024 html pdf
Introduced: 1/11/2024
Status: 7/3/2024-From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 2). Re- referred to Com. on APPR.
Location: Senate Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Current law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee without delay.
AB 1886 (Alvarez D) Housing Element Law: substantial compliance: Housing Accountability Act.
Current Text: Amended: 7/1/2024 html pdf
Introduced: 1/22/2024
Status: 7/1/2024-In committee: Hearing postponed by committee. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar:
54 Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Housing Element Law prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department.
Current law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days. This bill would require a planning agency that makes the above-described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the findings of the department to submit those findings to the department. The bill would require the department to review those finding in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law.
AB 1889 (Friedman D) Conservation element: wildlife and habitat connectivity.
Current Text: Amended: 6/12/2024 html pdf
Introduced: 1/22/2024
Status: 6/26/2024-From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (June 25).
Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 8/5/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including land use, housing, and conservation elements, as specified. Current law requires the conservation element to consider the effect of development within the jurisdiction on natural resources located on public lands. This bill would additionally require the conservation element to consider the effect of development within the jurisdiction on the movement of wildlife and habitat connectivity. The bill would require the conservation element, upon the next update of one or more elements on or after January 1, 2028, to, among other things, identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, identify and analyze existing or planned wildlife passage features, and consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity. The bill would authorize a city, county, or city and county to incorporate by reference into its general plan an existing plan that meets these requirements. The bill would authorize a city, county, or city and county preparing to update its conservation element to consider incorporating appropriate standards, policies, and implementation programs, consult with specified entities, and consider relevant best available science.
AB 1893 (Wicks D) Housing Accountability Act: housing disapprovals: required local findings.
Current Text: Amended: 6/26/2024 html pdf
Introduced: 1/23/2024
Status: 7/29/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Housing Element Law prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction’s zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency
55 may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder’s remedy project, as defined.
AB 2023 (Quirk-Silva D) Housing element: inventory of land: rebuttable presumptions.
Current Text: Amended: 6/26/2024 html pdf
Introduced: 1/31/2024
Status: 7/31/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Housing Element Law prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Current law requires the housing element to include an inventory of land suitable and available for residential development. If that inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as provided, current law requires that the local government rezone sites within 3 years after the date the housing element is adopted or within one year if the local government fails to adopt a housing element that the department finds to be in substantial compliance with the Housing Element Law within 120 days of the statutory deadline to adopt the housing element. This bill, for the 7th and each subsequent revision of the housing element, would require a local government to complete the rezoning of sites within one year of the statutory deadline for the adoption of the housing element or the earlier of 3 years after the date the housing element is adopted or 90 days after receipt of comments from the department, as specified, if the local government satisfies certain requirements, including submitting a draft element or draft amendment to the department for review within specified timeframes and adopting a draft element or draft amendment that the department finds to be insubstantial compliance with the Housing Element Law, as specified.
AB 2149 (Connolly D) Gates: standards: inspection.
Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/6/2024
Status: 7/3/2024-From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes
9. Noes 0.) (July 2). Read second time and amended. Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 8/5/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law authorizes an owner of real property to install and operate on their property an electrified security fence, as defined, to protect and secure commercial, manufacturing, or industrial property, that meets specified requirements, except where a local ordinance prohibits that installation and operation. If a local ordinance allows the installation and operation of an electrified security fence, current law requires the installation and operation of the electrified security fence to meet the requirements of that ordinance. This bill would require a regulated gate, defined as any gate that weighs more than 50 pounds and is more than 48 inches wide or more than 84 inches high that is intended to be used by the public, an entire community or neighborhood, or any considerable number of persons, except as specified, to meet certain standards. The bill would require each building department to update, on or before July 1, 2026, its code requirements to ensure that any newly installed regulated gate in its jurisdiction meets those standards. The bill would require the owner of a regulated gate to have it inspected on or before July 1, 2026, or upon installation, and have it reinspected, thereafter, at least once every 10 years. The bill would require an owner to maintain a written report regarding the regulated gate’s compliance with the specified requirements for at least 10 years and make the report available to the building department upon request. The bill would require the owner of a regulated gate that a professional or qualified employee, as defined, determines, upon inspection, to pose an immediate threat to safety to immediately stop the use of the gate until necessary repairs are completed and to engage a contractor or qualified employee to perform the repairs necessary to mitigate the emergency condition. The bill would require the owner of a regulated gate to engage a contractor or qualified employee to repair a regulated gate that is in need of repairs within a prescribed period, subject to imposition of an administrative fine by the building department, as specified. The bill would deem a regulated gate that fails to comply with these provisions 30 days after the owner of the gate has been notified of the violation.
AB 2243 (Wicks D) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria.
56 Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/8/2024
Status: 7/29/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an affordable housing development or a mixed-income housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to one of 2 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project. This bill would make various changes to the objective standards and affordability and site criteria applicable to an affordable housing development or mixed-income housing development subject to the streamlined, ministerial review process under the act.
AB 2485 (Carrillo, Juan D) Regional housing need: determination.
Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/13/2024
Status: 7/3/2024-From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes
9. Noes 0.) (July 2). Read second time and amended. Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 8/5/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long- term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. That law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development (department), in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, at least 2 years prior to the scheduled revision of the housing element, as specified.
That law requires the department’s determination to be based upon population projections produced by the Department of Finance and regional population forecasts developed by the council of governments and used for the preparation of the regional transportation plan, as specified. That law also requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine a region’s housing need and requires the council of governments to provide data assumptions from the council of governments’ projections, as specified. That law authorizes the department to accept or reject the information provided by the council of governments and, requires the department, after consultation with the council of governments, to make determinations on the data assumptions and the methodology the department will use to determine the region’s housing need, as specified. That law requires the department to provide its determinations to the council of governments, as specified. This bill would for the 8th and subsequent revisions of the housing element require the department to convene and engage stakeholders to consider improvements to the process of determining the existing and projected housing need for each region before determining any region’s existing projected housing need. The bill would require the department, prior to finalization of the regional determination, as specified, to publish on the department’s internet website a summary of the information the department considered and determinations made by the department to improve the process of determining the existing and projected housing need for each region.
AB 2560 (Alvarez D) Density Bonus Law: California Coastal Act of 1976.
Current Text: Amended: 7/1/2024 html pdf
Introduced: 2/14/2024
Status: 7/31/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The California Coastal Act of 1976, regulates development, as defined, in the coastal zone, as defined, and requires a new development to comply with specified requirements. The Density Bonus Law provides that its provisions do not supersede or in any way alter or lessen the effect or application of the act, and requires that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted in a manner consistent with the act. This bill would instead provide that, in the coastal zone, the Density
57 Bonus Law does not relieve a project from the requirement to obtain a coastal development permit, as specified. The bill would require any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled to be permitted in a manner that is consistent with the Density Bonus Law and does not result in significant adverse impacts to coastal resources and public coastal access, as specified.
AB 2729 (Patterson, Joe R) Residential fees and charges.
Current Text: Amended: 6/5/2024 html pdf
Introduced: 2/15/2024
Status: 7/3/2024-From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (July 2).
Location: Senate Housing
Calendar: 8/5/2024 #3 SENATE ASSEMBLY BILLS - SECOND READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first.
However, under current law, a local agency is authorized to collect utility service fees at the time an application for utility service is received, and a local agency is authorized to require payment sooner if the local agency determines that the fees or charges will be collected for public improvements or facilities for which an account has been established and funds appropriated and for which the local agency has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy, or if the fees or charges are to reimburse the local agency for expenditures previously made. This bill would limit the utility service fees authorized to be collected at the time an application for utility service is received to utility service fees related to capacity charge connections.
AB 2910 (Santiago D) State Housing Law: City of Los Angeles: conversion of commercial or industrial buildings.
Current Text: Amended: 6/24/2024 html pdf
Introduced: 2/15/2024
Status: 7/3/2024-From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (July 2). Re- referred to Com. on APPR.
Location: Senate Appropriations
Calendar: 8/5/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Current law requires the California Building Standards Commission to approve and adopt building standards and to codify those standards in the California Building Standards Code, which is required to be published once every 3 years. The State Housing Law establishes statewide construction and occupancy standards for buildings used for human habitation. That law requires the building department of every city or county to enforce within its jurisdiction the provisions of the California Building Standards Code, the provisions of the State Housing Law, and specified other rules and regulations promulgated pursuant to that law. That law authorizes a city or county to adopt alternative building regulations for the conversion of commercial or industrial buildings to joint living and work quarters, as specified. This bill would additionally authorize the City of Los Angeles (city) to adopt alternative building regulations for the conversion of commercial buildings to residential uses, as specified. The bill would require the city to have a housing element compliant with law and adopt an ordinance facilitating or expediting the review of adaptive reuse projects before the city is authorized to adopt alternative building regulations pursuant to this bill.
AB 2922 (Garcia D) Economic development: capital investment incentive programs.
Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/15/2024
Status: 7/3/2024-From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes
7. Noes 0.) (July 3). Read second time and amended. Re-referred to Com. on APPR.
Location: Senate Appropriations
Calendar:
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: Prior law, until January 1, 2024, authorized a county, city and county, or city to establish a capital investment incentive program, pursuant to which the county, city and county, or city was authorized to pay, upon request, a capital investment incentive amount that does not exceed the amount of property tax derived from that portion of the assessed value of a qualified manufacturing facility, as defined, that exceeds $150,000,000 to a proponent of a qualified manufacturing facility for up to 15 years. Prior law required the proponent to enter into a community services agreement with the county, city and county, or city, including, among other things, a job creation plan. This bill would reestablish the authorization for
58 capital investment incentive programs until January 1, 2035. The bill would additionally authorize the above- described capital investment incentive program for proponents of a qualified manufacturing facility with an assessed value that exceeds $25,000,000 and would include additional requirements for the above- described job creation plan for these proponents.
AB 3068 (Haney D) Adaptive reuse: streamlining: incentives.
Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/16/2024
Status: 7/31/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, long- term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation for, among other things, the preservation of exterior facades of a building that face a street, or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to meet specified affordability criteria. In this regard, the bill would require an adaptive reuse project for rental housing to include either 8% of the unit for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. For an adaptive reuse project for owner-occupied housing, the bill would require the development to offer either 30% of the units at an affordable housing cost to moderate-income households or 15% of the units at an affordable housing cost to lower income households. The bill would require at least one-half of the square footage of the adaptive reuse project to be dedicated to residential uses. The bill would provide, among other things relating to projects involving adaptive reuse, that parking is not required for the portion of a project consisting of a building subject to adaptive reuse that does not have existing onsite parking.
AB 3093 (Ward D) Land use: housing element: streamlined multifamily housing.
Current Text: Amended: 7/3/2024 html pdf
Introduced: 2/16/2024
Status: 7/31/2024-In committee: Hearing postponed by committee.
Location: Senate Appropriations
Calendar: 8/12/2024 10 a.m. - 1021 O Street, Room 2200 SENATE APPROPRIATIONS, CABALLERO, ANNA, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law defines various terms for purposes of requirements applicable to the housing element. Under current law, a housing element is required to include specified information, including an analysis of special housing needs, such as those of the elderly, and quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, calculated as provided. This bill would define acutely low, extremely low, very low, lower, moderate, and above moderate income for purposes of requirements applicable to the housing element, and would make related changes.
SB 951 (Wiener D) California Coastal Act of 1976: coastal zone: coastal development.
Current Text: Amended: 6/27/2024 html pdf
Introduced: 1/18/2024
Status: 6/27/2024-Read second time and amended. Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar: 8/7/2024 9:30 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, WICKS, BUFFY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
59 Summary: Current law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Current law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Current law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Current law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. This bill would, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the locality’s housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified.
SB 1037 (Wiener D) Planning and zoning: housing element: enforcement.
Current Text: Amended: 6/13/2024 html pdf
Introduced: 2/6/2024
Status: 7/3/2024-Read second time. Ordered to third reading.
Location: Assembly Third Reading
Calendar: 8/5/2024 #85 ASSEMBLY THIRD READING FILE - SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards.
This bill, in any action brought by the Attorney General, on behalf of HCD or in an independent capacity, to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency’s acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided.
SB 1123 (Caballero D) Planning and zoning: subdivisions: ministerial review.
Current Text: Amended: 6/27/2024 html pdf
Introduced: 2/13/2024
Status: 6/27/2024-Read second time and amended. Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar: 8/7/2024 9:30 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, WICKS, BUFFY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, is zoned for multifamily residential development, is no larger than 5 acres, as specified, and is no smaller than 600 square feet, except as provided. Current law prohibits a local agency from imposing on the housing development an objective zoning standard, objective subdivision standard, or objective design standard that, among other things, physically precludes the development of a project built to specified densities. This bill would prohibit, if a local agency chooses to permit accessory dwelling units and junior accessory dwelling units, those units from counting as residential units for purposes of the above-described requirement that a housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units. The bill would revise the requirement that the lot be zoned for multifamily residential development and would instead require that the lot either be zoned for multifamily residential dwelling use or vacant, as defined, and zoned for single-family residential development. The bill would also revise the above-described requirements to instead include that the lot is no larger than 11/2 acres, as specified, and that if the parcels are zoned for single-family residential units, the newly created parcels on average are no less than 1,200 square feet.
60 SB 1211 (Skinner D) Land use: accessory dwelling units: ministerial approval.
Current Text: Amended: 4/23/2024 html pdf
Introduced: 2/15/2024
Status: 6/26/2024-Coauthors revised. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6.
Noes 0.) (June 26). Re-referred to Com. on APPR.
Location: Assembly Appropriations
Calendar: 8/7/2024 9:30 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, WICKS, BUFFY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.
Conc. Enrolled Vetoed Chaptered1st House 2nd House
Summary: The Planning and Zoning Law authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. That law prohibits, if a local agency adopts an ordinance to create ADUs in those zones, the local agency from requiring the replacement of offstreet parking spaces if a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or is converted to, an ADU. This bill would also prohibit the local agency from requiring the replacement off offstreet parking spaces if an uncovered parking space is demolished in conjunction with the construction of, or is converted to, an ADU.
Total Measures: 19
Total Tracking Forms: 79
61 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.1
Meeting Date: August 14, 2024
SUBJECT:
May 8, 2024 - City Council/Cemetery District Regular Minutes SUBMITTED BY:
Janet Morales, City Clerk
ACTION:
Approve the minutes as presented.
ATTACHMENTS:
1. 05-08-2024 Minutes.pdf
62 MINUTES
CITY OF WILDOMAR
CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, MAY 8, 2024
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Regular Session 6:00 PM
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The Regular Meeting of the Wildomar City Council was called to order by Mayor Moore at 6:02 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: Ashlee DePhillippo
Councilmember Nigg arrived at 6:06 p.m.
Staff in attendance: City Manager York, City Attorney Jex, City Clerk Morales, Community Development Director Bassi, Public Works Director Farag, Economic Development Director Davidson, Administrative Services Director Schrader, Community Services Director Torres, Finance Manager Jantz, Code Enforcement Manager Berroteran, Code Enforcement Supervisor Parker and Associate Engineer Luna
FLAG SALUTE
The flag salute was led by Councilmember Morabito
PRESENTATIONS
None.
DEPARTMENT REPORTS
Fire Department Quarterly Update - January - March 2024 Police Department Quarterly Update - January - March 2024 Wildomar Library Quarterly Update - January - March 2024 63 General Plan Update Progress Report #23
PUBLIC COMMENTS
The following individuals provided public comment on items not on the agenda:
1. David Molina, resident
2. Jenny Molina, resident
3. Shirley Renk, resident
4. Andy Morris, Elsinore Valley Municipal Water District
5. Rosalba Valdovinos, resident
COUNCIL COMMUNICATIONS
The City Council members spoke regarding various committees, comm1ss1ons, 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
City Manager York requested that Agenda Item # 3.1 be pulled from the agenda.
Moved by Dustin Nigg; seconded by Carlos Marquez to approve Approve the agenda as amended.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
1) CONSENT CALENDAR
Public Works Director Farag requested that the City Council approve an amended Resolution for Agenda Item #1.13 with the corrected Public Hearing Date of June 12, 2024.
Moved by Dustin Nigg; seconded by Carlos Marquez to approve the Consent Calendar as amended.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez 64 Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
1.1) February 14, 2024 - City Council/ Cemetery Regular Minutes Approved the minutes as presented.
1.2) April 2024 Warrant Register
Approved the following:
For Fiscal Year 2023/2024:
1. Warrant Register dated 04-04-2024 in the amount of $234,351.69
2. Warrant Register dated 04-11-2024 in the amount of $303,182.78
3. Warrant Register(s) dated 04-18-2024 in the amount of $779,833.23
4. Warrant Register dated 04-25-2024 in the amount of $114,273.73
5. Wire Transfer Register dated 04-30-2024 in the amount of $24,701.07
6. Payroll Register dated 05-01-2024 in the amount of $235,829.95
1.3) March 2024 City Treasurer’s Report
Approved the Treasurer’s Report for March 2024.
1.4) 2nd Reading of Ordinance No. 241 for the Adoption of the Unlawful Possession of Catalytic Converter Ordinance
Adopted an Ordinance entitled:
ORDINANCE NO. 241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA AMENDING TITLE 9 (PUBLIC PEACE AND WELFARE) OF THE WILDOMAR MUNICIPAL CODE ADDING CHAPTER 9.54 ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
1.5) FY 2024-25 List of Projects for the SB1: Road Repair and Accountability Act of 2017 Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
1.6) Notice of Intent to Hold a Public Hearing for Levying Parcels with Unpaid Charges for Trash Collection Services
Provided a Notice of Intent to hold a Public Hearing on June 12th, 2024, for placing levies on parcels with unpaid charges on trash collection services.
1.7) Acceptance of FY2022-23 Annual Comprehensive Financial Report Received and filed the FY2022-23 Annual Comprehensive Financial Report.
1.8) Developer Impact Fee (DIF) Credit and Reimbursement Agreements with Beazer Homes Holding for Tract No. 31667 (Boulder Creek)
65 Authorized the City Manager to execute the DIF Credit and Reimbursement Agreements between the City of Wildomar and Beazer Homes Holdings, a Delaware limited liability company.
1.9) Road Maintenance and Rehab Project and Slurry Seal Project Notice of Completion (CIP 057-2/058-2)
1. Adopted a Resolution entitled:
RESOULTION NO. 2024 - 20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACCEPTING THE ROAD MAINTENANCE AND REHABILITATION PROJECT (CIP 057-2) AND SLURRY SEAL PROJECT (CIP 058-2) AS COMPLETE AND AUTHORIZING STAFF TO
PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE RIVERSIDE COUNTY
RECORDER
2. Authorized staff to prepare and file a notice of completion with the Riverside County Recorder for the Road Rehab and Maintenance Project and Slurry Seal Project (CIP 057-2, 058-2) within 30 days.
1.10)Adoption of 2024 Annual Investment Policy
Adopted a Resolution entitled:
RESOLUTION 2024 - 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ADOPTING A STATEMENT OF INVESTMENT POLICY
1.11)First Amendment to the Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Rd. Improvement Project, Segment 2 Authorized the City Manager to execute the First Amendment to the Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Rd.
Improvement Project, Segment 2
1.12)Landscaping and Lighting Maintenance District No. 89-1-Consolidated: Initiating Proceeding for Levy and Collection of Assessments
Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR ALL ZONES OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF WILDOMAR PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972
1.13)County Service Areas Notice of Intent to Establish Charges for FY 2024-25 Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
SETTING THE PUBLIC HEARING TO ESTABLISH SERVICE AREA CHARGES WITHIN THE CITY FOR FISCAL YEAR 2024-25
66 1.14)Bundy Super Storage Project - Tri-Party Consultant Services Agreement (PA 20- 0031)
1. Authorized the City Manager to execute a Tri-Party Consultant Services Agreement between the City of Wildomar, Herwood Building Supplies, a California Corporation and PlaceWorks, Inc. for the preparation of the required Mitigated Negative Declaration (MND) for the Bundy Super Storage 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 Bundy Super Storage Project.
1.15)First Amendment with Placeworks, Inc. for Additional Biological Resources Services for the 27-Acre Park Project (CIP 062-1)
Authorized the City Manager to execute the First Amendment with Placeworks, Inc. to complete additional biological resources services for the 27-Acre Park Project.
1.16)Landscaping and Lighting Maintenance District No. 89-1-Consolidated: Approval of Engineer’s Report and Intention to Levy
1. Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE ANNUAL ENGINEER’S REPORT REGARDING THE PROPOSED LEVY
AND COLLECTION OF ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED, FISCAL YEAR 2024-25
2. Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR ALL ZONES OF LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED, FISCAL YEAR 2024-25
1.17)Amendment to Water License Agreement with CAFH Order at Wildomar, Inc.
Approved and authorized the City Manager to sign the Amendment to Water License Agreement with CAFH Order at Wildomar, Inc. and related Certificate of Acceptance
2) PUBLIC HEARINGS
2.1) Public Hearing for Annexation No. 10, (Faith Bible Church, LLA 2020-008) Consideration of Territory to be Annexed to Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 10
Mayor Moore opened the Public Hearing.
Public Works Director Farag presented the staff report. 67 There being no public comment, Mayor Moore closed the Public Hearing.
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt Resolution entitled:
RESOLUTION NO. 2024 - 26
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. 10) Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 27
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. 10
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
2.2) Development Impact Fees for Places of Worship
Mayor Moore opened the Public Hearing.
Public Works Director Farag presented the staff report.
There being no public comment, Mayor Moore closed the Public Hearing.
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ADOPTING DEVELOPMENT IMPACT FEES APPLICABLE TO THE LAND USE
SUBCATEGORY OF PLACES OF WORSHIP
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3) GENERAL BUSINESS
68 3.1) Budget Workshop - Discussion of One Time Funding for General Fund Reserve, 27 Acre Park Improvements, 20 Acre Park Improvements, City Hall Tenant Improvements, and New Fire Station Property Purchase, and Enhancement of Rural Roadways
Administrative Services Director Schrader presented the staff report.
The following individuals provided public comment:
1. Jennifer Pagan, resident, in favor of Enhancing Rural Roadways
2. David Molina, resident
3. Nicole Sands, resident
4. Rosalba Valdovinos, resident
It was the consensus of the City Council to receive the report and provide the following recommendations for the use of funds:
General Fund Reserve: $400,000 - General Fund Surplus
27 Acre Park Grant Match: $2,830,000 - Development Impact Fees (DIF) Parks, DIF Roads, Misc Grants
20 Acre Park Improvements: $750,000 (estimated) - Cannabis Development Agreement Fund
City Hall Tenant Improvements: $500,000 - General Fund Surplus
Fire Station Purchase from MSJC: $250,000 - Cannabis Development Agreement Fund
Riverside County Sheriff Contract: $1,300,000 - American Rescue Plan Act (ARPA)
3.2) Cooperative Fire Agreement FY 2024-25 through FY 2026-27 Fire Chief Olsen presented the staff report.
Andy Morris, resident, provided public comment in favor of the item.
Moved by Carlos Marquez; seconded by Dustin Nigg to Authorize the Mayor to execute the Agreement
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
3.3) Illegal Food Vending Discussion (Future Agenda Item) Item was pulled from the agenda.
CITY MANAGER REPORT
City Manager York presented the report.
FUTURE AGENDA ITEMS
69 There were no future agenda items.
ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Moore adjourned the City Council Meeting at 8:47 p.m.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The Regular Meeting of the Wildomar Cemetery District Meeting was called to order by Chair Moore at 8:48 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: Ashlee DePhillippo
PUBLIC COMMENTS
There were no public comments.
BOARD COMMUNICATIONS
There were no board communications.
APPROVAL OF THE AGENDA AS PRESENTED
Moved by Joseph Morabito; seconded by Dustin Nigg to approve approve the agenda as presented.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
4) CEMETERY CONSENT CALENDAR
Moved by Dustin Nigg; seconded by Carlos Marquez to approve Approve the Consent Calendar.
Motion Approved: 4 - 0
Voting For: Joseph Morabito, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: None
Abstain: None
Absent: Ashlee DePhillippo
4.1) February 14, 2024 - City Council/ Cemetery Regular Minutes Approved the minutes as presented.
4.2) April 2024 Cemetery Warrant Register
70 Approved the following:
For Fiscal Year 2023/2024:
1. Warrant Register dated 04-04-2024 in the amount of $258.26
2. Warrant Register dated 04-11-2024 in the amount of $217.12
3. Warrant Register dated 04-18-2024 in the amount of $790.69
4. Warrant Register dated 04-25-2024 in the amount of $805.45
4.3) March 2024 Cemetery Treasurer’s Report
Approved the Treasurer’s Report for March 2024.
4.4) Acceptance of FY2022-23 Annual Comprehensive Financial Report Received and filed the FY2022-23 Wildomar Cemetery District Audited Financial Statement
5) CEMETERY PUBLIC HEARINGS
There were no items scheduled.
6) CEMETERY GENERAL BUSINESS
There were no items scheduled.
GENERAL MANAGER REPORT
General Manager York presented the report.
FUTURE AGENDA ITEMS
There were no future agenda items added.
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Moore adjourned the Wildomar Cemetery District Meeting at 8:49 p.m.
Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
71 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.2
Meeting Date: August 14, 2024
SUBJECT:
June 12, 2024 - City Council/Cemetery District Regular
Minutes
SUBMITTED BY:
Janet Morales, City Clerk
ACTION:
Approve the minutes as presented.
ATTACHMENTS:
06-12-2024 Minutes.pdf
72 MINUTES
CITY OF WILDOMAR
CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, JUNE 12, 2024
COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Regular Session 6:00 PM
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.
The Regular Meeting of the Wildomar City Council was called to order by Mayor Moore at 6:00 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: None.
Councilmember Nigg arrived at 6:02 p.m.
Staff in attendance: City Manager York, City Attorney Messinger, City Clerk Morales, Community Development Director Bassi, Administrative Services Director Schrader, Community Services Director Torres, Finance Manager Jantz, Code Enforcement Manager Berroteran, Human Resources and Risk Manager Wolf and Associate Engineer Luna
FLAG SALUTE
The flag salute was led by Mayor Pro Tem DePhillippo.
PRESENTATIONS
1. Proclamations: Eagle Scouts Lance & Colton Allen - Were not able to attend
2. Firewise and Community Risk Reduction presented by Chief Olson and My Safe Riverside Team
DEPARTMENT REPORTS
City Clerk Department Update
PUBLIC COMMENTS
73 The following provided public comment on items not on the agenda:
1. Andy Morris, Wildomar Insurance.
2. Rosalba Valdovinos, resident.
COUNCIL COMMUNICATIONS
The City Council members spoke regarding various committees, comm1ss1ons, 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
Mayor Moore requested to pull Agenda Item #1.8 and Adopt an amended Resolution for Agenda Item #1.16
Moved by Dustin Nigg; seconded by Carlos Marquez to approve approve the agenda as presented, removing Agenda Item #1.8 and amending the Resolution for Agenda Item #1.16.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
1) CONSENT CALENDAR
Moved by Carlos Marquez; seconded by Dustin Nigg to approve approve the 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
1.1) March 13, 2024 - City Council/ Cemetery Regular Minutes Approved the minutes as presented.
74 1.2) March 20, 2024 - City Council Special Minutes
Approved the minutes as presented.
1.3) Warrant Register May 2024
Approved the following:
For Fiscal Year 2023/2024:
1. Warrant Register dated 05-02-2024 in the amount of $179,089.44
2. Warrant Register dated 05-06-2024 in the amount of $2,500.00.
3. Warrant Register(s) dated 05-09-2024 in the amount of $1,454,855.51
4. Warrant Register dated 05-16-2024 in the amount of $1,323,063.72
5. Warrant Register(s) dated 05-23-2024 in the amount of $264,417.25
6. Warrant Register dated 05-30-2024 in the amount of $1,367,635.01
7. Wire Transfer Register dated 05-31-2024 in the amount of $112,267.18
8. Payroll Register dated 06-01-2024 in the amount of $257,642.51.
1.4) April 2024 City Treasurer Report
Approved the Treasurer’s Report for April 2024.
1.5) Adoption of FY2024-25 GANN Limit, Revision of GANN Limit for FY2023-24, and Revision of GANN Limit for FY2022-23
1.) Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE REVISED APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23
2.) Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE REVISED APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24
3.) Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024-25
1.6) Approval of City’s Workplace Violence Prevention Plan Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ADOPTING A WORKPLACE VIOLENCE PREVENTION PLAN
1.7) Second Amendment to Landscape and Parks Maintenance Services Agreement with Inland Empire Landscape, Inc.
Authorized the City Manager to execute the Second Amendment to the 75 Maintenance Services Agreement with Inland Empire Landscape, Inc. for Landscape and Parks Maintenance.
1.8) Amendment to Office Lease With Core Tree Care, Inc.
Pulled item from the agenda.
1.9) Confirmation of Authorized Agents to act on behalf of the City with Southern California Edison for Capital Improvement Projects
Adopted a Resolution Entitled:
RESOLUTION NO. 2024 - 33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
AUTHORIZING THE CITY MANAGER AND THE PUBLIC WORKS DIRECTOR TO EXECUTE
THIRD PARTY AUTHORIZATION FORMS TO SOUTHERN CALIFORNIA EDISON FOR
CAPITAL IMPROVEMENT PROJECTS
1.10)Task Order Amendment with Interwest Consulting Group for Right of Way Acquisition Services for the Bundy Canyon Rd. Improvement Project, Segment 2 (CIP 026-2)
Authorized the City Manager to approve the Interwest Consulting Group proposal to provide right-of-way acquisition services for the Bundy Canyon Rd.
Improvement Project, Segment 2 (CIP 026-2) in the amount of $73,600.
1.11)Acceptance of FY2022-23 Measure AA Annual Report
Approved the Measure AA Oversight Advisory Committee Annual Report for FY 2022-23.
1.12)Calling a General Municipal Election on November 5, 2024 Adopted the following Resolutions entitled:
RESOLUTION NO. 2024 - 34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE ELECTION OF CERTAIN OFFICERS IN DISTRICT 2, AND DISTRICT 4 AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE
STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES
RESOLUTION NO. 2024 - 35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION § 10403 OF THE ELECTIONS CODE
1.13)Annual Levy for Community Facilities District (CFD) (Facilities/Bonded) for Fiscal Year 2024-25
Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, COUNTY OF
RIVERSIDE, STATE OF CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF 76 SPECIAL TAXES WITHIN EACH COMMUNITY FACILITIES DISTRICT LISTED BELOW FOR FISCAL YEAR 2024-25
1.14)Levy and Collection of Special Taxes within Community Facilities District No. 2022-1 (Services) for Fiscal Year 2024-25
Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) FOR FISCAL YEAR 2024-25
1.15)Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) for Fiscal Year 2024-25
Adopted a Resolution entitled:
RESOLUTION NO. 2024 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2013-1 (SERVICES) FOR FISCAL YEAR 2024-25
1.16)Notice of Completion - Bundy Canyon Rd. Improvement Project, Segment 1 (CIP 026-1)
Adopted a Resolution entitled:
RESOULTION NO. 2024 - 39
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA ACCEPTING THE BUNDY CANYON ROAD IMPROVEMENT PROJECT, SEGMENT 1 (CIP 026-1) AS COMPLETE AND AUTHORIZING STAFF TO PREPARE AND FILE THE NOTICE
OF COMPLETION WITH THE RIVERSIDE COUNTY RECORDER
1.17)FY 2022-23 Measure Z Oversight Advisory Committee Annual Report Received and filed the Measure Z Advisory Committee Annual Report for FY 2022- 2023.
1.18.)Community Meeting Room Rental Policy Update.
Approved the updated Community Meeting Room Rental Policy and authorize the Community Services Director to waive fees during regular business hours for all non-profit organizations and agencies that meet the approved criteria
1.19)First Amendment to the Professional Service Agreement with Complete Paperless Solutions (CPS)
Authorized the City Manager to execute the First Amendment to the Professional Services Agreement with Complete Paperless Solutions (CPS) for Electronic Document Management, Scanning and Contract Workflow Services
1.20)Approve Field Supervisor Classification, Update the Position Classification Schedule, and Adopt a New Pay Plan
Adopted a Resolution entitled:
77 RESOLUTION NO. 2024 - 40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE FIELD SUPERVISOR CLASSIFICATION DESCRIPTION; REVISING THE
POSITION CLASSIFICATION SCHEDULE TO INCLUDE THE FIELD SUPERVISOR CLASSIFICATION; AND AMENDING THE EXISTING PAY PLAN TO INCLUDE FIELD
SUPERVISOR
2) PUBLIC HEARINGS
2.1) Levying of Parcels for the Collection of Delinquent Trash Service Charges Mayor Moore opened the Public Hearing.
Finance Manager Jantz presented the staff report.
There being no public comments, Mayor Moore closed the Public Hearing.
Moved by Dustin Nigg; seconded by Joseph Morabito to Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
CONFIRMING THE REPORT OF DELINQUENT TRASH ACCOUNTS AND REQUESTING THE
DELINQUENCIES BE PLACED ON THE PROPERTY TAX ROLL
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
2.2) FY 2024-2025 Levy and Administration for Landscaping and Lighting Maintenance District (LLMD) No. 89-1-Consolidated & Street Lighting Zones Mayor Moore opened the Public Hearing.
Public Works Director Farag presented the staff report.
There being no public comments, Mayor Moore closed the Public Hearing.
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ALL ZONES OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF
WILDOMAR AND LEVYING ASSESSMENTS ON ALL LOTS AND PARCELS OF LAND THEREIN FOR FISCAL YEAR 2024-2025; AND AUTHORIZING THE ADMINISTRATION OF THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED FOR FISCAL YEAR 2024-25
Motion Approved: 5 - 0
78 Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
2.3) Community Service Area Charges for FY 2024-25
Mayor Moore opened the Public Hearing.
Public Works Director Farag presented the staff report.
There being no public comments, Mayor Moore closed the Public Hearing.
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
ADOPTING COUNTY SERVICE AREA CHARGES WITHIN THE CITY FOR FISCAL YEAR 2024-25
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3) GENERAL BUSINESS
3.1) Resolution Authorizing Issuance of Special Tax bonds, Series 2024 for Community Facilities District No. 2022-3 (Verano)
Administrative Services Director Schrader presented the staff report.
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to 1. Adopt a Resolution entitled:
RESOLUTION NO. 2024 - 44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-3 (VERANO) OF THE CITY OF WILDOMAR AUTHORIZING THE ISSUANCE OF ITS SPECIAL TAX BONDS, SERIES 2024 IN A PRINCIPAL AMOUNT NOT TO EXCEED SIX MILLION DOLLARS ($6,000,000) AND APPROVING CERTAIN DOCUMENTS AND TAKING CERTAIN
OTHER ACTIONS IN CONNECTION THEREWITH
2. Authorize the issuance of the Community Facilities District No. 2022-3 (Verano) Special Tax Bonds, Series 2024 in an aggregate principal amount not to exceed $6,000,000
3. Approve the financing team, as identified herein, for this transaction and authorize the City Treasurer or any duly authorized designee, to pay the costs of such firms in connection with this financing from CFD 2022-3 Series 2024 bond proceeds
79 4. Authorize the City Manager and Administrative Services Director, or designees, to execute all documents related to the issuance of the Special Tax Bonds for Community Facilities District No. 2022-3 (Verano) and the ability to make minor changes to these documents as required to carry out the financing.
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) Amendment of City Personnel Rules and Adopting an Updated Pay Plan Human Resources and Risk Manager Wolf presented the staff report.
Moved by Joseph Morabito; seconded by Dustin Nigg to Adopt the following Resolution entitled:
RESOLUTION NO. 2024 - 45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE REVISION OF THE CITY’S PERSONNEL RULES AND REGULATIONS Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt the following amended Resolution entitled:
RESOLUTION NO. 2024 - 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING A COST OF LIVING ADJUSTMENT AND APPROVING THE
UPDATE TO THE CITY'S PAY PLAN
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT MEETING & ROLL CALL Chair Moore called the Wildomar Cemetery District Meeting to order at 7:30 p.m.
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: None.
80 GENERAL BUSINESS - BUDGET
3.3A)Adoption of FY2024-25 Amended Budget
Finance Manager Jantz presented the staff report.
Moved by Carlos Marquez; seconded by Dustin Nigg to Approve the Fiscal Year 2024-25 Budget Amendments, and adopt a Resolution entitled:
RESOLUTION NO. 2024 - 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING THE FY2024-25 AMENDED BUDGET AND ADOPTING A NEW SCHEDULE OF AUTHORIZED POSITIONS FOR FY2024-25
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.3B)Adoption of the FY2024-2025 Amended Cemetery Budget Finance Manager Jantz presented the staff report.
Moved by Carlos Marquez; seconded by Dustin Nigg to Adopt a Resolution entitled:
RESOLUTION NO. WCD2024 - 01
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILDOMAR CEMETERY DISTRICT, AUTHORIZING AN ADOPTION OF THE FY2024-25 AMENDED BUDGET
REVENUES AND EXPENSES
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
ADJOURN WILDOMAR CEMETERY DISTRICT MEETING
Chair Moore adjourned the Wildomar Cemetery District Meeting at 7:48 p.m.
GENERAL BUSINESS
3.4) Fencing Options for Bundy Canyon Rd. and Monte Vista Dr. at the future Riverside County Flood Control Lateral C Basin
Public Works Director Farag presented the staff report.
Moved by Bridgette Moore to provide direction to staff to authorize the construction of a wrought iron atop a 2' split face block wall with 8' pilasters.
Motion Approved: 4 - 1
81 Voting For: Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez Voting Against: Joseph Morabito
Abstain: None
Absent: None
3.5) 5-Year Capital Improvement Program (FY 2024/25 - 2028/29) Associate Engineer Luna presented the staff report.
Moved by Dustin Nigg; seconded by Joseph Morabito to Adopt the Five-Year Capital Improvement Program for Fiscal Years 2024/25 through 2028/29.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.6) Agreement for Law Enforcement Services FY 2024-25 through FY 2026-27 Captain Rayls presented the staff report.
Rosalba Valdovinos, resident, provided public comment.
Moved by Dustin Nigg; seconded by Carlos Marquez to Authorize the Mayor to execute the Agreement.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
3.7) Measure AA Oversight Advisory Committee Appointments City Clerk Morales presented the staff report.
David Johansen, resident and applicant, provided public comment.
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to Appoint Tom Tisdale for a term ending June 2025 and appoint Kathleen Kovich and David Johansen for terms ending June 2026.
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
Absent: None
CITY MANAGER REPORT
82 City Manager York presented the report.
FUTURE AGENDA ITEMS
Added:
Pavement Management on Private & Public Roads - Marquez
ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Moore adjourned the City Council Meeting at 8:50 p.m.
CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The Regular Meeting of the Wildomar Cemetery District Meeting was called to order by Chair Moore at 8:51 p.m.
ROLL CALL
Members in attendance: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, and Carlos Marquez
Members absent: None.
PUBLIC COMMENTS
There were no public comments.
BOARD COMMUNICATIONS
There were no board communications.
APPROVAL OF THE AGENDA AS PRESENTED
Moved by Joseph Morabito; seconded by Dustin Nigg to 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 Dustin Nigg; seconded by Joseph Morabito to approve the 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
83 4.1) March 13, 2024 - City Council/ Cemetery Regular Minutes Approved the minutes as presented.
4.2) Warrant Register Cemetery May 2024
Approved the following:
For Fiscal Year 2023/2024
1. Warrant Register dated 05-02-2024 in the amount of $6,986.75
2. Warrant Register dated 05-09-2024 in the amount of $857.12
3. Warrant Register dated 05-16-2024 in the amount of $339.02
4. Warrant Register dated 05-23-2024 in the amount of $1,512.48
5. Warrant Register dated 05-30-2024 in the amount of $230.44.
4.3) April 2024 Cemetery Treasurer Report
Approved the Treasurer’s Report for April 2024.
5) CEMETERY PUBLIC HEARINGS
There were no items scheduled.
6) CEMETERY GENERAL BUSINESS
There were no items scheduled.
GENERAL MANAGER REPORT
There was no general manager report.
FUTURE AGENDA ITEMS
There were no future agenda items added.
ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Moore adjourned the Wildomar Cemetery District Meeting at 8:51 p.m.
Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
84 CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.3
Meeting Date: August 14, 2024
SUBJECT:
July 2024 Warrant Register
SUBMITTED BY:
Nicholas Neidiffer, Accountant I
PREPARED BY:
Nicholas Neidiffer, Accountant I
ACTION:
Approve the following:
For Fiscal Year 2023/2024:
1. Warrant Register dated 07-03-2024 in the amount of $59,955.22.
2. Warrant Register dated 07-11-2024 in the amount of $720,240.83.
3. Warrant Register dated 07-18-2024 in the amount of $143,690.28.
4. Warrant Register dated 07-25-2024 in the amount of $268,675.73.
5. Wire Transfer Register dated 07-31-2024 in the amount of $5,377,101.44.
6. Payroll Register dated 08-01-2024 in the amount of $500,324.21.
For Fiscal Year 2024/2025:
1. Warrant Register dated 07-03-2024 in the amount of $60,704.07.
2. Warrant Register dated 07-11-2024 in the amount of $26,302.66.
3. Warrant Register dated 07-18-2024 in the amount of $8,442.86.
4. Warrant Register dated 07-25-2024 in the amount of $423,485.87.
SUMMARY:
July 2024 Warrant Register
DISCUSSION:
The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.
FISCAL IMPACT:
These Warrant, Wire Transfer, and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Years 2023/24 and 2024/25 Budgets.
ATTACHMENTS:
July 2024 Warrant Register.pdf
85 06/27/2024
Voucher List
City of Wildomar
1 10:15:13AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218454 6/27/2024 002065 SMITH RANCH SELF STORAGE 10895 PREPAYMENT FOR JUL-JUN 2025 FLEET STORAG
7,293.00
Total : 7,293.00
Bank total : 7,293.00 1 Vouchers for bank code : wf
7,293.00Total vouchers :Vouchers in this report 1
86 07/03/2024
Voucher List
City of Wildomar
1 2:41:03PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218455 7/3/2024 001468 BANKS, ARRIN 62724 PLANNING COMMISSION MEETING 6/26/2024
75.00 Total : 75.00
218456 7/3/2024 001916 CAMBERO, GEORGE 62724 PLANNING COMMISSION MEETING 6/26/2024
75.00 Total : 75.00
218457 7/3/2024 000994 CFT NV DEVELOPMENTS, LLC APR-24 CITY HALL COMMON AREA MAINTENANCE CONTRA
6,958.73
Total : 6,958.73
218458 7/3/2024 000058 DEPARTMENT OF JUSTICE 742218 MAY 2024 FINGERPRINT APPS (2) 98.00 Total : 98.00
218459 7/3/2024 002185 DOOR MAXX 148749 (1) SET OF NEW SPRINGS ON SECTIONAL DOOR
1,100.00
Total : 1,100.00
218460 7/3/2024 000022 EDISON 062624-6091 05/28/24-06/25/24 ELEC 1347 COMO ST (LIT 102.60 285.4105/28/24-06/25/24 ELEC 21400 PALOMAR
(CE
062624-7254
977.1505/28/24-06/25/24 ELEC - 32637 GRUWELL (062624-9129 Total : 1,365.16
218461 7/3/2024 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT13047984 05/13/24-06/12/24 WATER ZONE 42 LOC 01 M
250.74
264.9905/13/24-06/12/24 WATER ZONE 42 LOC 01
M
13048235
387.3805/13/24-06/12/24 WATER ZONE 42 LOC 01
M
13048236
490.5505/18/24-06/17/24 WATER ZONE 3 LOC 35
M1
13058353
308.7205/18/24-06/17/24 WATER CITY HALL13058557
673.0305/18/24-06/17/24 WATER 24707 PRELIPP
RD
13061369
Total : 2,375.41
218462 7/3/2024 001343 FILAR, ERIC 62724 PLANNING COMMISSION MEETING 6/26/2024
75.00 87
07/03/2024
Voucher List
City of Wildomar
2 2:41:03PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 75.00 218462 7/3/2024 001343 001343 FILAR, ERIC 218463 7/3/2024 000685 GREAT AMERICA FINANCIAL SERVIC 36865589 CANON COLOR COPIER SYST. #019-1780554
214.24
Total : 214.24
218464 7/3/2024 001911 HDL SOFTWARE LLC. SIN040279 MAY 2024 HDL FEES 2,532.60 Total : 2,532.60
218465 7/3/2024 001933 HONOR PLUMBING CO 756 SERVICE- MAINTENANCE/REPAIR 275.00 Total : 275.00
218466 7/3/2024 002260 IMM AUTO REPAIR 33085 RE-INSTALLED ENGINE SPLASH GUARD
CHECK A
31.50 Total : 31.50
218467 7/3/2024 001530 LOGO JOE'S 40455 CITY COUNCIL APPAREL - CARLOS
MARQUEZ
508.73
Total : 508.73
218468 7/3/2024 000186 RIGHTWAY 387953 06/0/24-07/17/24 - PORTA/WASHSTN - WINDS
803.50
Total : 803.50
218469 7/3/2024 000790 SPARKLETTS 14346613-062224 CITY HALL DRINKING WATER THROUGH 06/22/2
578.40
Total : 578.40
218470 7/3/2024 000094 STAUFFERS LAWN EQUIPMENT 369213 DEPARTMENTAL SUPPLIES 120.71
80.48DEPARTMENTAL SUPPLIES369226
Total : 201.19
218471 7/3/2024 000995 STRONG, KIM 62724 PLANNING COMMISSION MEETING 6/26/2024
75.00 Total : 75.00
218472 7/3/2024 001258 SUNBELT RENTALS, INC. 155663319-0001 EQUIPMENT RENTAL 300.78 Total : 300.78
218473 7/3/2024 000378 TEMECULA VALLEY PIPE & SUPPLY 636679 BASEBALL FIELD DEPT SUPPLIES 165.15 168.38LITTLE LEAGUE DEPT SUPPLIES636789
88 07/03/2024
Voucher List
City of Wildomar
3 2:41:03PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 333.53 218473 7/3/2024 000378 000378 TEMECULA VALLEY PIPE & SUPPLY 218474 7/3/2024 002069 THE DERNA GROUP 61724 DEVELOPER DEPOSIT REFUND OF
UNSUED FUNDS
786.26
Total : 786.26
218475 7/3/2024 001505 THE ENDEAVOR PRODUCTION, GROUP 1151 MAYOR'S MINUTE - MAY 2024 - KP OPENING 500.00 500.00MAYOR'S MINUTE - JUNE 2024 - 4TH OF
JULY
1152
Total : 1,000.00
218476 7/3/2024 000103 ULINE 179645633 DEPARTMENTAL SUPPLIES 668.47 Total : 668.47
218477 7/3/2024 000437 VERIZON WIRELESS 9967247437 06/23/24-07/22/24 DATA INT CHRG 9239 1,359.71 Total : 1,359.71
218478 7/3/2024 000437 VERIZON WIRELESS 9967247438 06/23/24-07/22/24 DATA INTERNET CHRG 619
40.01 Total : 40.01
218479 7/3/2024 000131 WESTERN RIVERSIDE COUNTY, RCA 70124 MSHCP MITIGATION FEES: MAY 2024 38,124.00 Total : 38,124.00
Bank total : 59,955.22 25 Vouchers for bank code : wf
59,955.22Total vouchers :Vouchers in this report 25
89 07/11/2024
Voucher List
City of Wildomar
1 5:15:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218492 7/11/2024 001002 ARCHITERRA DESIGN GROUP 32426 05/25-24-06/24/24 SI COORDINATION 1,521.53 1,396.4905/25-24-06/24/24 SI COORDINATION32427
716.5505/25-24-06/24/24 SI COORDINATION32428
62.5005/25-24-06/24/24 SI COORDINATION32429
718.7505/25-24-06/24/24 SI COORDINATION32430
468.7505/25-24-06/24/24 CITY PLAN - 1ST- OFFSI32431
281.2505/25-24-06/24/24 LANDSCAPE DESIGNER32432
312.5005/25-24-06/24/24 LANDSCAPE DESIGNER32433
437.5005/25-24-06/24/24 PROJECT MANAGER32434
93.7505/25-24-06/24/24 LANDSCAPE DESIGNER32435
500.0005/25-24-06/24/24 LANDSCAPE DESIGNER32436
718.7505/25-24-06/24/24 LANDSCAPE DESIGNER32437
Total : 7,228.32
218493 7/11/2024 000080 BURKE, WILLIAMS AND SORENSON,, LLP 322528 LEGAL FEES - MAY 2024 CITY ATTORNEY RETA
62,103.59
Total : 62,103.59
218494 7/11/2024 000785 CORELOGIC SOLUTIONS, LLC 82215563 JUNE 2024 CODE ENFORCEMENT
SOFTWARE
431.50
Total : 431.50
218495 7/11/2024 000058 DEPARTMENT OF JUSTICE 749150 JUNE 2024 FINGERPRINT APPS (3) 147.00 Total : 147.00
218496 7/11/2024 001574 DOCUSIGN INC 11100304678 ESIGNATURE ENTERPRISE PRO
EDITION/SUPPOR
4,484.99
Total : 4,484.99
218497 7/11/2024 000022 EDISON 070124-0828 06/01/24-06/30/24 ELECTRIC WILDOMAR CITY
172.21
255.8906/01/24-06/30/24 ELECTRIC CFD 2013-001070124-0962
24.3606/01/24-06/30/24 HIDDEN
SPRINGS/CLINTON
070124-1202
207.2406/01/24-06/30/24 ELECTRIC CFD 2013-001070124-1757 6,238.5606/01/24-06/30/24 CSA22 SALES
ACQUISITIO
070124-4293
65.2406/01/24-06/30/24 20505 PALAOMAR ST
(MAR
070124-4487
90 07/11/2024
Voucher List
City of Wildomar
2 5:15:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218497 7/11/2024 (Continued)000022 EDISON
-8.2406/01/24-06/30/24 20505 PALOMAR ST
(MARN
070124-4487CR
132.5506/01/24-06/30/24 ELECTRIC CFD 2013-001-070124-4610
66.2706/01/24-06/30/24 CFD ZONE 2070124-4845
511.9605/13/24-06/30/24 CSA 103070124-7481
32.2606/01/24-06/30/24 CFD 2013-1
ORANGE/CORA
070124-7504
225.3906/01/24-06/30/24 CFD ZONE 3070124-7694
132.5306/01/24-06/30/24 CFD ZONE 3070124-8975
251.6606/01/24-06/30/24 ELECTRIC CFD 2013-001070124-9127 Total : 8,307.88
218498 7/11/2024 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT13054493 05/17/24-06/16/24 WATER ZONE 3 LOC 23 M1
147.10
103.0405/17/24-06/16/24 WATER ZONE 30 LOC 113054700
90.8605/17/24-06/16/24 WATER ZONE 30 LOC 49
M
13054739
192.8605/17/24-06/16/24 WATER ZONE 51 LOC 113054995
452.5505/17/24-06/16/24 WATER BASEBALL FIELD13055161
396.2405/17/24-06/16/24 WATER WIDSONG PARK13055201
603.9505/17/24-06/16/24 WATER ZONE 3 LOC 29
M1
13055709
259.9805/17/24-06/16/24 WATER ZONE 3 LOC 29
M2
13055787
297.9205/17/24-06/16/24 WATER ZONE 30 LOC 113055789
300.5805/17/24-06/16/24 WATER ZONE 3 LOC 42 &13055889
95.2805/17/24-06/16/24 WATER 22450 1/2
CERVER
13056283
153.6105/17/24-06/16/24 WATER 22450 CERVERA13056525
208.6005/17/24-06/16/24 WATER ZONE 62 - 2293313057616
109.9905/17/24-06/16/24 WATER ZONE 67 -
ARNNET
13057702
62.4405/17/24-06/16/24 CFD 2022-1 NE
WILDOMAR
13058111
Total : 3,475.00
218499 7/11/2024 001762 EMERGENCY-1 RESPONSE, INC. 4356/2 EMT SERVICE (HOLIDAY EVENT) REPLACE THE
250.00
Total : 250.00
91 07/11/2024
Voucher List
City of Wildomar
3 5:15:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218500 7/11/2024 002071 EPIC LAND SOLUTIONS, INC. 0524-1474 WILDOMAR - CITY HALL BUILDING PROJECT. P
6,526.73
Total : 6,526.73
218501 7/11/2024 001325 GEOCON WEST, INC. 724050407 CIP 026-1 TRHOUGH 5/19/24 4,262.00 Total : 4,262.00
218502 7/11/2024 001666 INFINITY TECHNOLOGIES 2268 0000567 FEB 2024 DATTO OFFICE 365 BACKUP
SERVICE
1,244.16
3,200.00JUNE 2024 GIS CONTRACTUAL SERVICES2623
11,356.14JUNE 2024 DATTO OFFICE 365 BACK UP
SERVI
2665
Total : 15,800.30
218503 7/11/2024 000499 INLAND EMPIRE LANDSCAPE INC 43513 MAY 2024 LANDSCP IRRIGATION REPAIRS ZONE
1,224.34
11,545.48MAY 2024 LANDSCP MAINT ZONE 343514
Total : 12,769.82
218504 7/11/2024 000016 INNOVATIVE DOCUMENT SOLUTIONS 261653 6/1/24-6/30/24 CONTRACT COPIER
SERVICES
1,032.83
Total : 1,032.83
218505 7/11/2024 002275 LOPEZ, GERARDO 43024 DEVELOPERS DEPOSIT REFUND OF
UNUSED FUND
2,362.06
Total : 2,362.06
218506 7/11/2024 002276 MIKE, LEWIS 31324 DEVELOPERS DEPOSIT REFUND OF
UNUSED FUND
1,162.20
Total : 1,162.20
218507 7/11/2024 002056 ORACLE AMERICA, INC. 101416880 NEW ERP REPLACEMENT (JUNE) 5/28/24-6/26/
16,086.27
Total : 16,086.27
218508 7/11/2024 002043 P.E.O. INTERNATIONAL, CHAPTER VZ 70224 REFUND OF UNUSED COMMUNITY ROOM
RENTAL F
24.00 Total : 24.00
218509 7/11/2024 000289 RIVERSIDE COUNTY SHERIFF, TECHNICAL SERVICES BUREAUSH0000046102 RIVERSIDE COUNTY SHERIFF -
COMMUNICATION
38,845.00
92 07/11/2024
Voucher List
City of Wildomar
4 5:15:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 38,845.00 218509 7/11/2024 000289 000289 RIVERSIDE COUNTY SHERIFF, TECHNICAL SERVICES BUREAU 218510 7/11/2024 000047 RIVERSIDE COUNTY, SHERIFF'S DEPARTMENTSH000004616 CONTRACT LAW ENFORCEMENT THROUGH 05/29/2
483,904.18
Total : 483,904.18
218511 7/11/2024 001921 SCA OF CA, LLC 109230CS CFD 2013-1 ZONE 2 SWEEPS 4,735.18 Total : 4,735.18
218512 7/11/2024 001806 SOUTHERN CALIFORNIA NEWS, GROUP 11670198 PUBLIC NOTICE - NOPH ON DELINQUEST TRAHS
124.65
255.53PUBLIC NOTICE - ZOA 2024-01 NOPM11674415
Total : 380.18
218513 7/11/2024 002052 ST. FRANCIS ELECTRIC 23164139 TRAFFIC SIGNAL MAINTENANCE SERVICES MAY
22,712.43
1,382.52TRAFFIC SIGNAL MAINTENANCE SERVICES
MAY
23164140
Total : 24,094.95
218514 7/11/2024 001720 STERICYCLE, INC 8007563846 CONTRACTUAL SHREDDING SVC 171.28 Total : 171.28
218515 7/11/2024 000918 TKE ENGINEERING INC 2024-471 CONTRACTUAL SVC 04/01/24-04/30/24 946.50 195.00CONTRACTUAL SVC 04/01/24-04/30/242024-472
65.00CONTRACTUAL SVC 04/01/24-04/30/242024-473
195.00CONTRACTUAL SVC 04/01/24-04/30/242024-474
650.00CONTRACTUAL SVC 04/01/24-04/30/242024-475
715.00CONTRACTUAL SVC 04/01/24-04/30/242024-476
910.00CONTRACTUAL SVC 04/01/24-04/30/242024-477
479.00CONTRACTUAL SVC 04/01/24-04/30/242024-478
65.00CONTRACTUAL SVC 04/01/24-04/30/242024-479
296.50CONTRACTUAL SVC 04/01/24-04/30/242024-480
7,554.00CONTRACTUAL SVC 04/01/24-04/30/242024-481
1,833.00CONTRACTUAL SVC 04/01/24-04/30/242024-483
195.00CONTRACTUAL SVC 04/01/24-04/30/242024-484
260.00CONTRACTUAL SVC 04/01/24-04/30/242024-485
1,182.00CONTRACTUAL SVC 04/01/24-04/30/242024-486
65.00CONTRACTUAL SVC 04/01/24-04/30/242024-487
390.00CONTRACTUAL SVC 04/01/24-04/30/242024-488
93 07/11/2024
Voucher List
City of Wildomar
5 5:15:38PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218515 7/11/2024 (Continued)000918 TKE ENGINEERING INC 325.00CONTRACTUAL SVC 04/01/24-04/30/242024-489
130.00CONTRACTUAL SVC 04/01/24-04/30/242024-490
65.00CONTRACTUAL SVC 04/01/24-04/30/242024-491
2,670.00CIP 026-2, DESIGN PS&E 04/01/24-04/30/242024-512 1,813.00CONTRACTUAL SVC 05/01/24-05/31/242024-629
630.00CONTRACTUAL SVC 04/07/24-05/31/242024-632
Total : 21,629.00
218516 7/11/2024 001753 YORK, DANIEL 60324 REIMBURSE: MEETING - LUNCH 26.57 Total : 26.57
Bank total : 720,240.83 25 Vouchers for bank code : wf 720,240.83Total vouchers :Vouchers in this report 25
94 07/18/2024
Voucher List
City of Wildomar
1 4:08:45PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218522 7/18/2024 001002 ARCHITERRA DESIGN GROUP 32261 03/25/24-04/24/24 SI COORDINATION 1,848.35 2,298.9503/25/24-04/24/24 SI COORDINATION32262
1,877.3003/25/24-04/24/24 SI COORDINATION32263
958.7003/25/24-04/24/24 SI COORDINATION32264
281.2503/25/24-04/24/24 SI COORDINATION32265
31.2503/25/24-04/24/24 LANDSCAPE DESIGNER32266
723.7503/25/24-04/24/24 LANDSCAPE DESIGNER32267
638.4003/25/24-04/24/24 CAD DESIGNER &
LANDSCA
32269
Total : 8,657.95
218523 7/18/2024 001622 COMMERCIAL BUILDING MANAGEMENT, SERVICES INC70149 MARCH 2024 JANITORIAL SVC - MARNA OBRIEN
4,994.85
362.39MARCH 2024 SUPPLIES - MARNA O'BRIEN70150
4,604.85JUNE 2024 JANITORIAL SVC - MARNA
OBRIEN
70332
372.36JUNE 2024 SUPPLIES - MARNA O'BRIEN70333
Total : 10,334.45
218524 7/18/2024 001799 COUNTY OF RIVERSIDE PUBLIC, SAFETY ENTERPRISE COMMUNIPE0000001905 MONTHLY RADIO COMMUNICATION -
SHERIFF
649.93
Total : 649.93
218525 7/18/2024 000002 CRYSTAL CLEAN MAINTENANCE 703 O JUNE 2024 - CITY HALL JANITORIAL
SERVICE
3,214.75
Total : 3,214.75
218526 7/18/2024 002287 DEPARTMENT OF INDUSTRIAL, RELATIONS PAYMENTE 2076244 SB ELEVATOR CERTIFICATE 225.00 Total : 225.00
218527 7/18/2024 000058 DEPARTMENT OF JUSTICE 750982 JUNE 2024 BLOOD ALCOHOL ANALYSIS (8) 280.00 Total : 280.00
218528 7/18/2024 000075 DOGGIE WALK BAGS, INC. 0113206 DISPENSER BAGS - MARNA O'BRIEN 289.88 Total : 289.88
218529 7/18/2024 000342 FENCE MASTERS 60524 REPAIR CHAIN LINK FENCE AT FIRE
STATION
2,185.00
Total : 2,185.00
95 07/18/2024
Voucher List
City of Wildomar
2 4:08:45PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218530 7/18/2024 000072 INTERWEST CONSULTING GROUP 482899 BUILDING & SAFETY - MARCH 2024 35,619.24 Total : 35,619.24
218531 7/18/2024 001983 OCCUPATIONAL HEALTH CENTERS OF, CALIFORNIA,A MEDICAL CORP83411292 PHYSICAL EXAM W/RAPID ECUP AVAREZ, JOSE
213.00
213.00PHYSICAL EXAM W/RAPID ECUP CABRIAN,
ALEJ
83481323
Total : 426.00
218532 7/18/2024 002284 OTIS ELEVATOR COMPANY F10000198890 ELEVATOR INSPECTION 95.00 Total : 95.00
218533 7/18/2024 000185 PITNEY BOWES 70724 POSTAGE METER REFILL 06/12/24 502.25 Total : 502.25
218534 7/18/2024 001107 PLACEWORKS 83606 JUNE 2024 CONTRACTUAL SVC -GP
UPDATE/EIR
40,311.30
12,368.75JUNE 2024 CONTRACTUAL SVC -PROJECT
RELAT
83689
68.75JUNE 2024 CONTRACTUAL SVC -PROJECT
RELAT
83690
8,328.75JUNE 2024 CONTRACTUAL SVC -PROJECT
RELAT
83692
Total : 61,077.55
218535 7/18/2024 001393 SOCALGAS 71024 06/06/24-07/08/24 GAS - FIRE DEPT 32637 52.47 Total : 52.47
218536 7/18/2024 001258 SUNBELT RENTALS, INC. 154441723-0001 EQUIPMENT RENTAL 268.81 Total : 268.81
218537 7/18/2024 000918 TKE ENGINEERING INC 2024-482 CONTRACTUAL SVC 05/01/24-05/31/24 788.00 195.00CONTRACTUAL SVC 05/01/24-05/31/242024-634
260.00CONTRACTUAL SVC 05/01/24-05/31/242024-635
585.00CONTRACTUAL SVC 05/01/24-05/31/242024-636
195.00CONTRACTUAL SVC 05/01/24-05/31/242024-637
260.00CONTRACTUAL SVC 05/01/24-05/31/242024-638
130.00CONTRACTUAL SVC 05/01/24-05/31/242024-639
130.00CONTRACTUAL SVC 05/01/24-05/31/242024-640
2,670.50CONTRACTUAL SVC 05/01/24-05/31/242024-641
130.00CONTRACTUAL SVC 05/01/24-05/31/242024-642
96 07/18/2024
Voucher List
City of Wildomar
3 4:08:45PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218537 7/18/2024 (Continued)000918 TKE ENGINEERING INC 1,637.00CONTRACTUAL SVC 05/01/24-05/31/242024-643
325.00CONTRACTUAL SVC 05/01/24-05/31/242024-644
520.00CONTRACTUAL SVC 05/01/24-05/31/242024-645
1,744.50CONTRACTUAL SVC 05/01/24-05/31/242024-646
1,235.00CONTRACTUAL SVC 05/01/24-05/31/242024-647
65.00CONTRACTUAL SVC 05/01/24-05/31/242024-649
260.00CONTRACTUAL SVC 05/01/24-05/31/242024-650
2,234.00CONTRACTUAL SVC 05/01/24-05/31/242024-651
65.00CONTRACTUAL SVC 05/01/24-05/31/242024-652
585.00CONTRACTUAL SVC 05/01/24-05/31/242024-653
65.00CONTRACTUAL SVC 05/01/24-05/31/242024-654
1,537.00CONTRACTUAL SVC 05/01/24-05/31/242024-655
1,596.00CONTRACTUAL SVC 05/01/24-05/31/242024-656
1,040.00CONTRACTUAL SVC 05/01/24-05/31/242024-657
1,560.00CONTRACTUAL SVC 05/01/24-05/31/242024-658
Total : 19,812.00
Bank total : 143,690.28 16 Vouchers for bank code : wf 143,690.28Total vouchers :Vouchers in this report 16
97 07/25/2024
Voucher List
City of Wildomar
1 9:48:41AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218552 7/25/2024 001913 ABSOLUTE INTERNATIONAL, SECURITY INC2020110203 06/01/24-06/30/24 SECURITY PATROL 7,994.56 Total : 7,994.56
218553 7/25/2024 001678 CALIFORNIA INTERGOVERNMENTAL, RISK AUTHORITY (CIRA)INV-2311 CIRA WORK COMP APR - JUNE 2024 6,431.81 Total : 6,431.81
218554 7/25/2024 002118 CORODATA SHREDDING, INC. rs5025343 FINANCE RECORDS STORAGE 53.95 Total : 53.95
218555 7/25/2024 000022 EDISON 061324-7372 06/13/24-07/15/24 24211 CLINTON KEITH RD 99.92 367.0306/12/24-07/14/24 23873 CLINTON KEITH RD071524-3123 520.2606/12/24-07/14/24 23873 CLINTON KEITH RD071524-3487 382.6206/12/24-07/14/24 23873 CLINTON KEITH RD071524-7255 108.4206/13/24-07/15/24 34311 MISSION TRAIL TC071624-3047
29.5606/13/24-07/15/24 31818 CENTRAL ST LS3071624-3243
31.9506/13/24-07/15/24 34311 MISSION TRAIL LS071624-3950 100.6606/13/24-07/15/24 31818 CENTRAL TC1071624-5361
98.7106/13/24-07/15/24 21458 GRAND AVE TC1071624-8688
122.3206/17/24-07/17/24 22628 WILDOMAR TRAIL T071824-0022
13.9806/17/24-07/17/24 31160 CINTON KEITH RD071824-3767
29.2006/17/24-07/17/24 32975 WILLOW BAY RD071824-5249
100.2006/17/24-07/17/24 32975 WILLOW BAY RD
TC
071824-7366
Total : 2,004.83
218556 7/25/2024 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT13099124 06/10/24-07/10/24 WATER ZONE 3 LOC 25 M1
1,332.25
1,709.8806/10/24-07/10/24 WATER ZONE 3 LOC 25
M2
13099125
710.1306/10/24-07/10/24 WATER ZONE 3 LOC 24
M1
13100894
540.6806/10/24-07/10/24 WATER CFD 2013-1, ZONE13102062
192.7806/10/24-07/10/24 WATER MALAGA
GATEWAY P
13102221
Total : 4,485.72
218557 7/25/2024 002125 EMPIRE DESIGN GROUP, INC. 1512 FINAL PROGRESS PAYMENT ON
CONTRACT - UPO
14,750.00
98 07/25/2024
Voucher List
City of Wildomar
2 9:48:41AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 14,750.00 218557 7/25/2024 002125 002125 EMPIRE DESIGN GROUP, INC. 218558 7/25/2024 000571 FRED PRYOR SEMINARS, PRYOR LEARNING SOLUTIONS034342245-24177 TRAINING 299.00 Total : 299.00
218559 7/25/2024 001743 GOPHER SQUAD 000671 GOPHER TREATMENT 985.00 Total : 985.00
218560 7/25/2024 002255 HAZZARD BACKFLOW INC 39002 0000554 ANNUAL BACKFLOW DEVISE TESTING - ZONE 3
1,345.00
0000554
Total : 1,345.00
218561 7/25/2024 001911 HDL SOFTWARE LLC. SIN040859 JUNE 2024 HDL FEES 2,930.58 Total : 2,930.58
218562 7/25/2024 001983 OCCUPATIONAL HEALTH CENTERS OF, CALIFORNIA,A MEDICAL CORP83633207 PHYSICAL EXAM W/RAPID ECUP WIRTH, MITCHE
213.00
Total : 213.00
218563 7/25/2024 001107 PLACEWORKS 83602 JUNE 2024 CONTRACTUAL SVC - PROJECT RELA
324.50
8,712.28JUNE 2024 PROF. SVCS. - 27 ACRE PARK
CIP
83603
7,875.45JUNE 2024 PROF. SVCS. - CIP 099 20 - ACR83605
28,025.28JUNE 2024 CONTRACTUAL SVC - CLINTON
KEIT
83688
Total : 44,937.51
218564 7/25/2024 000042 PV MAINTENANCE, INC. 005-282 CITYWIDE MAINT. CONTRACTUAL
SERVICES - J
177,056.86
Total : 177,056.86
218565 7/25/2024 000051 RCHCA 72224 SKR FEES - 06-01/2024-06/30/2024 500.00 Total : 500.00
218566 7/25/2024 002052 ST. FRANCIS ELECTRIC 23164145 TRAFFIC SIGNAL MAINTENANCE SERVICE JUNE
1,480.75
1,210.62TRAFFIC SIGNAL MAINTENANCE SERVICE
JUNE
23164146
368.13TRAFFIC SIGNAL MAINTENANCE SERVICE
JUNE
23164147
99 07/25/2024
Voucher List
City of Wildomar
3 9:48:41AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218566 7/25/2024 (Continued)002052 ST. FRANCIS ELECTRIC 1,628.41TRAFFIC SIGNAL MAINTENANCE SERVICE
JUNE
23164148
Total : 4,687.91
Bank total : 268,675.73 15 Vouchers for bank code : wf 268,675.73Total vouchers :Vouchers in this report 15
100
07/03/2024
Voucher List
City of Wildomar
1 2:41:46PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218480 7/3/2024 000760 ARMADA ADMINISTRATORS 216011 JULY 2024 PREMIUM - CITY MANAGER 4,278.00 Total : 4,278.00
218481 7/3/2024 000299 AUDITOR CONTROLLER GAD- LAFCO AC0000002095 LAFCO FEES FY 24/25 2,986.82 Total : 2,986.82
218482 7/3/2024 001902 CIVICPLUS LLC 301542 0000523 CIVICGOV ERP SOFTWARE 50,000.00 Total : 50,000.00
218483 7/3/2024 001450 FRANCHISE TAX BOARD 70324 WITHHOLDING ORDER - S STANTON CASE #5621
50.00 Total : 50.00
218484 7/3/2024 002189 LCW LIEBERT CASSIDY WHITMORE W1035-10000 ERC MEMBERSHIP W/BASIC AND PREMIUM LIEBE
900.00
Total : 900.00
218485 7/3/2024 002097 PARENTO AGENCY LLC 1446 PAID PARENTAL LEAVE INSURANCE
PREMIUM
2,489.25
Total : 2,489.25
Bank total : 60,704.07 6 Vouchers for bank code : wf
60,704.07Total vouchers :Vouchers in this report 6
101
07/11/2024
Voucher List
City of Wildomar
1 5:16:33PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218517 7/11/2024 000007 ANIMAL FRIENDS OF THE VALLEY,, INC. JULY 2024 ANIMAL CONTROL SERVICE JULY 2024 7,000.00 Total : 7,000.00
218518 7/11/2024 001748 CALIFORNIA CONSULTING, INC. 6950 0000561 GRANT WRITING SERVICE - JULY 2024 RETAIN
4,850.00
Total : 4,850.00
218519 7/11/2024 001669 COMCATE SOFTWARE INC 8422 CODE ENFORCEMENT SOFTWARE 07/21/24-07/20
8,766.70
Total : 8,766.70
218520 7/11/2024 000011 CR&R INC. 386649 WASTE AND RECYCLING SERVICES 07/01/24-07
418.96
Total : 418.96
218521 7/11/2024 000290 SOUTHERN CALIFORNIA, ASSOC. OF GOVT.SCAGFY25 0193 DUES ASSESSMENT FY 24/25 5,267.00 Total : 5,267.00
Bank total : 26,302.66 5 Vouchers for bank code : wf
26,302.66Total vouchers :Vouchers in this report 5
102
07/18/2024
Voucher List
City of Wildomar
1 4:11:18PM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218538 7/18/2024 001761 CHARTER COMMUNICATIONS 2318070824 CABLE THROUGH 08/07/24 - FS61 5.35 Total : 5.35
218539 7/18/2024 000367 CINTAS CORPORATION 5219740212 CITY HALL FIRST AID & SAFETY 442.52 Total : 442.52
218540 7/18/2024 002285 DOWN TO EARTH LAND CLEARING, SOLUTIONS, INC.Bandola625 MOW SERVICES AT APN 376-350-009 & APN 37 6,335.00
Total : 6,335.00
218541 7/18/2024 001450 FRANCHISE TAX BOARD 71824 WITHHOLDING ORDER - S STANTON CASE #5621
50.00 Total : 50.00
218542 7/18/2024 001932 MIKE'S PREMIUM JUMPERS LLC 29389860 0000568 MARIACHI NIGHT 7/20/2024 971.31 Total : 971.31
218543 7/18/2024 000048 MURRIETA LOCK AND SAFE, INC. 11332 REKEY CILINDER TO CITY KEY & B MASTER KE
220.00
Total : 220.00
218544 7/18/2024 002284 OTIS ELEVATOR COMPANY 100401593594 MAINTENANCE SERVICE FROM 7/1/24-7/31/24
322.69
Total : 322.69
218545 7/18/2024 001258 SUNBELT RENTALS, INC. 156454636-0001 EQUIPMENT RENTAL 95.99 Total : 95.99
Bank total : 8,442.86 8 Vouchers for bank code : wf
8,442.86Total vouchers :Vouchers in this report 8
103
07/25/2024
Voucher List
City of Wildomar
1 9:49:20AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218567 7/25/2024 000032 A BETTER PARTY, INC. 61024 0000558 CITY BIRTHDAY: TABLE AND CHAIR RENTAL 975.91 Total : 975.91
218568 7/25/2024 000760 ARMADA ADMINISTRATORS 217369 AUG 2024 PREMIUM - CITY MANAGER 4,278.00 Total : 4,278.00
218569 7/25/2024 001678 CALIFORNIA INTERGOVERNMENTAL, RISK AUTHORITY (CIRA)INV-2238 PROPERTY PREMIUMS FY 24-25 403,011.30 Total : 403,011.30
218570 7/25/2024 002289 CORTEZ, MISAEL 100 CITY BIRTHDAY ENTERTAINMENT 100.00 Total : 100.00
218571 7/25/2024 001292 CRISP IMAGING 513000 CIP 028-2 344.41 Total : 344.41
218572 7/25/2024 001762 EMERGENCY-1 RESPONSE, INC. 4590 EMT SERVICE - CITY BIRTHDAY
CELEBRATION
175.00
Total : 175.00
218573 7/25/2024 001481 GLADWELL GOVERNMENTAL SERVICES, INC5521 BASIC ELECTION ADVISE SUBSCRIPTION NOV 2
250.00
Total : 250.00
218574 7/25/2024 000685 GREAT AMERICA FINANCIAL SERVIC 36952346 CANON COLOR SYST. #020-1472515 359.97 214.24CANON COLOR SYST. #016-158579936975137
Total : 574.21
218575 7/25/2024 002288 GUILLIAMS, TRAVIS JOSEPH 3211 CITY BIRTHDAY LIVE ENTERTAINMENT 200.00 Total : 200.00
218576 7/25/2024 002255 HAZZARD BACKFLOW INC 39190 BACKFLOW DEVISE REPAIRS FOR FIRE
STATION
350.00
Total : 350.00
218577 7/25/2024 002277 INLAND EMPIRE A/V RENTALS 5522 0000563 SOUND/STAGE/LIGHTING FOR CITY
BIRTHDAY
6,020.00
Total : 6,020.00
218578 7/25/2024 000122 INTERNATIONAL INSTITUTE OF, MUNICIPAL CLERKS70924 ANNUAL MEMBERSHIP FEE 225.00 104
07/25/2024
Voucher List
City of Wildomar
2 9:49:20AM
Page:
Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount (Continued) Total : 225.00 218578 7/25/2024 000122 000122 INTERNATIONAL INSTITUTE OF, MUNICIPAL CLERKS 218579 7/25/2024 000304 JOE A. GONSALVES & SON 161807 0000572 JULY 2024 PROF. CONTRACTUAL
LEGISLATIVE
3,000.00
Total : 3,000.00
218580 7/25/2024 002095 LOSCHIAVO, ALYSSA 003 CITY BIRTHDAY PERFORMANCE LIVE MUSIC 7/2
180.00
Total : 180.00
218581 7/25/2024 001101 SIGNS BY TOMORROW 32880 CITY BIRTHDAY BANNER 556.91 Total : 556.91
218582 7/25/2024 002274 SITE SERVICES OF AMERICA RINV17350 0000559 CITY BIRTHDAY EVENT 1,923.79 Total : 1,923.79
218583 7/25/2024 001258 SUNBELT RENTALS, INC. 156957028-0001 EQUIPMENT RENTAL 631.19 Total : 631.19
218584 7/25/2024 000219 WESTERN FIRE CO., INC. 60017 FIRE EXTINGUISHER INSPECTION 690.15 Total : 690.15
Bank total : 423,485.87 18 Vouchers for bank code : wf 423,485.87Total vouchers :Vouchers in this report 18
105
ACH Date Payee Description Amount
7/2/2024 Wells Fargo Bank Admin Fee 41.00$
7/5/2024 Big Easy Storage Fleet Vehicle Storage 299.00 $ 7/5/2024 Big Easy Storage Fleet Vehicle Storage 299.00 $ 7/5/2024 Big Easy Storage Fleet Vehicle Storage 299.00 $ 7/11/2024 Wells Fargo Banking Fee Service Charge 4,934.17 $ 7/15/2024 Viasat, Inc. Cemetery Phone and Internet 177.53$ 7/15/2024 Viasat, Inc. Cemetery Phone and Internet 417.53$ 7/15/2024 Wilmington Trust Transfer of Supplimental Tax Reserve 216,696.25$ 7/16/2024 Golden State Escrow Palomar Widening Right of Way 4,344.00$ 7/16/2024 Golden State Escrow Clinton Keith Widening Right of Way 126,583.00$ 7/16/2024 Frontier Communications Monthly Phone and Internet Services 81.47$ 7/17/2024 Frontier Communications Monthly Phone and Internet Services 159.99$ 7/17/2024 CAMP Transfer to Investment Portfolio 5,000,000.00$ 7/19/2024 US Bank
Credit Card Statement Payment - Business Meals,
Conference Expenses, Organizational Memberships,
Special Event Supplies, Repairs & Maintenance, and
Office Su
pplies
15,074.65$
7/22/2024 Enterprise Fleet Management Monthly City Vehicle Lease Payment 6,019.98$ 7/24/2024 Frontier Communications Monthly Phone and Internet Services 1,003.25$ 7/26/2024 Frontier Communications Monthly Phone and Internet Services 56.98$ 7/26/2024 Frontier Communications Monthly Phone and Internet Services 614.64$ TOTAL 5,377,101.44$
City of Wildomar
Wire Transfer Register
7/31/2024
106
ACH Date Payee Description Amount
7/4/2024 Heartland Payroll 6/15/2024-6/28/2024 178,582.27$ 7/18/2024 Heartland Payroll 6/29/2024-7/12/2024 179,276.34$ 8/1/2024 Heartland Payroll 7/13/2024-7/26/2024 140,993.18$ 8/1/2024 Heartland Payroll 7/1/2024-7/31/2024 1,472.42$ TOTAL 500,324.21$
City of Wildomar
Payroll Warrant Register
8/1/2024
107
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.4
Meeting Date: August 14, 2024
SUBJECT:
June 2024 City Treasurers Report
SUBMITTED BY:
Adam Jantz, Finance Manager
PREPARED BY:
Adam Jantz, Finance Manager
ACTION:
Approve the Treasurer’s Report for June 2024.
SUMMARY:
June 2024 City Treasurers Report
DISCUSSION:
Attached is the Treasurer’s Report for Cash and Investments for the month of June 2024. The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for its city investments.
On October 12th, 2022, the City entered into an agreement with PFM Asset Management as an investment advisor for the City’s CAMP investment pool and established an additional managed CAMP account for long-term investments. Over time, this is expected to increase the returns on the City investments above the normal CAMP pool rate.
FISCAL IMPACT:
This is only a report of balances for the City, therefore it has no fiscal impact.
ACCOUNT CODE:
100-1012
100-1011
110-1011
115-1011
120-1011
212-1011
300-1011
301-1011
440-1011
461-1011
ATTACHMENTS:
June 2024 City Treasurer's Report.pdf
108
BEGINNING + (-) ENDING
FUND ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE All All WELLS FARGO $ 9,904,797.95 $ 4,776,551.93 (3,918,392.50) $ 10,762,957.38 5.16493% TOTAL $ 9,904,797.95 $ 4,776,551.93 $ (3,918,392.50) $ 10,762,957.38
AVERAGE
PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 4,998,397.73 $ 4,998,397.73 $ 4,998,397.73 14.29% N/A 4.480% Various $ 12,203,353.40 $ 12,203,353.40 $ 12,203,353.40 34.89% N/A 5.430% Various $ 17,704,553.69 $ 17,704,553.69 $ 17,778,098.13 50.82% 857 4.990% TOTAL $ 34,906,304.82 $ 34,906,304.82 $ 34,979,849.26 100.00% CITY $ 45,669,262.20
+ + (-)
BEGINNING INTEREST WITHDRAWALS/ ENDING STATED
FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 4,998,397.73 $ 0.00 $ 0.00 $ 0.00 $ 4,998,397.73 4.480% 100 General $ 4,949,924.51 $ 0.00 $ 22,032.53 $ 0.00 $ 4,971,957.04 5.430% 115 ARPA $ 1,577,932.09 $ 0.00 $ 7,023.51 $ 0.00 $ 1,584,955.60 5.430% 120 AA $ 2,589,303.33 $ 0.00 $ 11,525.21 $ 0.00 $ 2,600,828.54 5.430% 461 DIF Park Im $ 2,608,199.83 $ 0.00 $ 11,609.32 $ 0.00 $ 2,619,809.15 5.430% 301 ENDWMNT $ 423,916.18 $ 0.00 $ 1,886.89 $ 0.00 $ 425,803.07 5.430% 100 General $ 6,176,491.20 $ 0.00 $ 12,523.46 $ 0.00 $ 6,189,014.66 4.990% 110 DEVAG $ 502,453.63 $ 0.00 $ 1,017.01 $ 0.00 $ 503,470.64 4.990% 120 AA $ 6,280,267.98 $ 0.00 $ 12,714.68 $ 0.00 $ 6,292,982.66 4.990% 212 WASTE $ 1,041,040.79 $ 0.00 $ 2,107.21 $ 0.00 $ 1,043,148.00 4.990% 300 CEM $ 1,041,040.79 $ 0.00 $ 2,107.21 $ 0.00 $ 1,043,148.00 4.990% 440 DIF Roads $ 2,627,471.03 $ 0.00 $ 5,318.69 $ 0.00 $ 2,632,789.72 4.990% TOTAL $ 34,816,439.10 $ 0.00 $ 89,865.72 $ 0.00 $ 34,906,304.82
Heidi Schrader
Heidi Schrader
City Treasurer
Date
7/9/2024
BREAKDOWN
TOTAL CASH AND INVESTMENTS
June 2024
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.
I also certify that this report reflects all Government Agency pooled investments and all of the City's Bank Balances.
ISSUER
CAMP POOL
CAMP POOL
LOCAL AGENCY INVESTMENT FUND
LOCAL AGENCY INVESTMENT FUNDS
ISSUER
CAMP POOL
CAMP POOL
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CASH AND INVESTMENT PORTFOLIO
TREASURER'S REPORT FOR
CITY OF WILDOMAR
CITY CASH
CITY INVESTMENT
CAMP POOL
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
CAMP MANAGED ACCOUNT
109
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.5
Meeting Date: August 14, 2024
SUBJECT:
2nd Reading of Ordinance No. 242
SUBMITTED BY:
Raul Berroteran, Code Enforcement Manager
PREPARED BY:
Raul Berroteran, Code Enforcement Manager
ACTION:
Adopt an ordinance titled:
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTION 8.96 (SEWAGE DISCHARGE) OF THE WILDOMAR MUNICIPAL CODE
SUMMARY:
DISCUSSION:
The City Council approved the first reading of Ordinance No. 242 at their July 10, 2024 meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 242.
ATTACHMENTS:
Attach A - Ordinance No. 242.docx
110
ATTACHMENT A
Ordinance No. 242
111
ORDINANCE NO. 242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WILDOMAR, CALIFORNIA, AMENDING SECTION 8.96 (SEWAGE
DISCHARGE) OF THE WILDOMAR MUNICIPAL CODE
WHEREAS, in accordance with the Wildomar Municipal Code, the City Council has the authority to take action on the proposed municipal code amendment to Section
8.96 of the Wildomar Municipal Code; and
WHEREAS, in order to execute the Memorandum of Understanding with the Riverside County Department of Environmental Health, the City Council adopt changes to Section 8.96 of the Wildomar Municipal Code; and
WHEREAS, in accordance with the Wildomar Municipal Code, the City Council conducted a public meeting on July 10, 2024, at which time interested persons had an opportunity to testify in support of, or opposition to the proposed amendment to Section
8.96 of the WMC, and at which time the City Council received public testimony concerning said amendment.
THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. AMENDMENT OF SECTION 8.96 OF THE WILDOMAR
MUNICIPAL CODE
Section 8.96 (Sewage Discharges) of the Wildomar Municipal Code is hereby amended in its entirety to read as illustrated in Exhibit 1 of this Ordinance.
SECTION 2. SEVERABILITY
If any Chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.”
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its passage by the City Council.
112
SECTION 4. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).
INTRODUCED AND APPROVED FOR SECOND READING this 14 th, day of August, 2024.
_____________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
113
EXHIBIT 1
Section 8.69 of the WMC
114
CHAPTER 8.96 SEWAGE DISCHARGE
8.96.010. Prohibitions.
A. It is unlawful for any person to discharge or deposit or cause or permit to be discharged or deposited any sewage, sewage effluent or nonhazardous waste, whether treated or untreated in or upon the City, including any deposit or discharge of sewage into streams or bodies of water above or below the ground. All discharges to the City’s storm drain system prohibited pursuant to a Municipal NPDES Permit issued to the City are prohibited. When sewage, other than the discharge from an approved sewage treatment plant, is over- flowing or being discharged upon the surface of any premises, the building official, director of code compliance , director of environmental health or director of public works may order the owner of the premises or occupants thereof who contribute to such overflow or discharge to abate the same forth-with.
B. It is unlawful for any person to install or alter plumbing facilities or drainage systems for the discharge or deposit of any sewage, sewage effluent, or nonhazardous waste from any dwelling, house or building or appurtenance thereof in the City of Wildomar, or into streams or bodies of water above or below the surface where the same is, or may be carried through, or upon, the City, without first securing, in the manner hereinafter provided by Riverside County Ordinance No. 640 and Local Agency Management Program, as reflected in this chapter, an approval from the director of environmental health of the county. . All discharges to the City’s storm drain system prohibited pursuant to a Municipal NPDES Permit issued to the City are prohibited.
C. It is unlawful for any person to install any structure or paving in the areas identified for OWTS tank access or the primary and expansion dispersal area.
8.96.020. Definitions.
For the purposes of this chapter, the following definitions are applicable:
“Alternative treatment system” or ATS” shall mean any OWTS that does not meet the criteria of a conventional OWTS, but is allowed under conditions specified by the Department.
“Approval” means the written approval by the director of environmental health or his/her designated representative of a plan to install, construct, reconstruct, convert or alter any OWTS which discharges or disposes of sewage, sewage effluent, or nonhazardous waste.
“Building official” means the director of building and safety as appointed by the city manager.
"Construction permit" means a permit issued by the Department of environmental health authorizing the permittee to install, construct, reconstruct, convert or alter any OWTS per Riverside County Ordinance 650.
115
"Conventional OWTS" means an OWTS consisting of a septic tank and department- approved subsurface gravity dispersal system.
"Critical area" means those areas determined by the director of environmental health to be difficult for installation of an OWTS due to, but not limited to, one or more of the following: lot size, static or intermittent groundwater, slope, poor soil conditions, or impaired water basins..
"Department" means the Department of Environmental Health. “Department of environmental health” shall mean the Riverside County Department of Environmental Health.
"Department's manual" means the technical document identifying the requirements and procedures for the OWTS evaluation and design as developed and provided by Riverside County Ordinance No. 650 and Local Agency Management Program, as reflected in this chapter, an approval from the director of environmental health of the county.
"Director" means the Director of the Department of Environmental Health or his/her designated representative.
"Director of code compliance” means the director of code compliance, the code enforcement manager, or other position responsible to oversee the city’s code enforcement, as appointed by the city manager.
“Director of environmental health” means the director of the Riverside County department of environmental health or the director’s designated representative. “Director of public works” means the director of public works as appointed by the city manager.
"Dispersal system" means a leach field, , seepage pit, pressurized drip field, or other type of system for final wastewater treatment and subsurface discharge. "Failure" shall mean a condition of an OWTS that threatens public health or water quality by creating a potential for direct or indirect contact between sewage and the public. Examples of failure include:
Sewage leaking to ground surface or groundwater:
1. Sewage backing up into a structure caused by slow OWTS soil absorption of septic tank effluent;
2. Inadequately treated sewage causing pollution of groundwater or surface water;
3. Noncompliance with standards stipulated in the permit issued for the OWTS based upon the protection of human health, water quality and the environment.
"Holding tank" means a sewage facility, of a temporary nature, that has no means of discharge and requires the services of a registered liquid waste hauler for pumping and offsite disposal to an approved wastewater treatment facility. 116
"Major repair" means OWTS improvements or corrective work where such improvements involve the replacement, enlargement, or modification of a septic tank, treatment unit, or dispersal system (excluding nonperforated distribution pipes), regardless of whether or not a failure condition exists. Such repairs shall require a construction permit from the Department.
"On-site wastewater treatment system(s) (OWTS)" means any individual or community on-site wastewater treatment, pretreatment and dispersal system including, but not limited to, a conventional or alternative OWTS having a subsurface discharge.
"Operating permit" means an annual permit issued by the Department authorizing the permittee to operate an OWTS.
"Permit" means either a construction permit or operating permit as defined within this section.
"Person" means any individual, firm, partnership, corporation, association, organization, business trust, company, State agency or department, or unit of local government.
"Qualified service provider" means a state-licensed contractor with knowledge and competency in OWTS design, construction, operation, maintenance and monitoring through experience and/or education and is registered with Department. "Sewage" or "sewage effluent" means waste as defined in Section 5410(a), California Health and Safety Code.
“Waste” includes sewage and any and all waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature. "Sewage facilities" means OWTS, sanitary sewer connections, holding tanks, alternative systems or other methods of disposing of sewage as approved by the Director.
"Soil" means the naturally occurring body of porous mineral and organic materials on the land surface, and is composed of unconsolidated materials above bedrock.
Soil is composed of sand-sized, silt-sized, and clay-sized particles mixed with varying amounts of larger fragments and organic material. The various combinations of particles differentiate specific soil textures identified in the USDA soil classification chart. For the purposes of this chapter, soil shall contain earthen material having more than 50% of its volume composed of particles smaller than 0.08 inches (two millimeters) in size.
"System certification" means an expression of professional opinion that the OWTS, or its components, meets industry standards that are the subject of the certification but do not constitute a warranty or guarantee, either expressed or implied. System certifications shall be performed by a qualified service provider using forms and procedures established or approved by the Director.
"Weathered bedrock" means a rock that has been exposed to the atmosphere at or near the earth's surface and changed in color, texture, composition, firmness, and/or 117
form as a result of the exposure with little or no transport of loosened or altered material. For purposes of this chapter, weathered bedrock is not soil.
8.96.030. General requirements for an approval and construction permit.
A. No person shall erect, construct, rebuild, convert or alter any plumbing system designed for the discharge or disposal of sewage or sewage effluent without having first obtained a written approval for such purpose from the Director of environmental health. In designated areas of the City, this approval shall also constitute a construction permit.
B. If it is impracticable to connect a plumbing fixture affecting the sanitary drainage system with a street sewer, the sewage effluent must be disposed according to the minimum standards of the most recent edition of the Uniform Plumbing Code and the sewage disposal requirements in the Department of environmental health's manual, as such requirements may be amended from time to time. Setback requirements between subsurface sewage disposal components (including septic tanks, distribution and leaching systems) and any water well shall be as specified in Chapter 13.20.
1. The type of sewage facilities installed shall be determined on the basis of location, soil porosity, site slope and groundwater level, and shall be designed to receive all sanitary sewage from the property. No surface drainage shall be permitted to enter any part of the OWTS. The OWTS, except as otherwise provided, shall consist of a septic tank with effluent discharging by gravity flow into an appropriately sized dispersal system. Under special circumstances (when conventional parameters cannot be met), other disposal methods may be utilized with the approval of the Director.
2. OWTS sizing shall be based on the higher volume estimation as determined by either the number of bedrooms or plumbing fixture unit counts
3. The location and installation of the sewage facilities and each part thereof shall be such that, with reasonable maintenance, the OWTS will function in a sanitary manner and will not result in contamination, pollution or creation of a nuisance or endanger the safety of any domestic water supply or public health.
4. New OWTS or OWTS subject to major repair shall be designed to prevent solids in excess of one-eighth inch in diameter from passing to the dispersal system while under two feet of hydrostatic head. Septic tanks that use National Sanitation Foundation (NSF)/American National Standards Institute (ANSI) Standard 46 certified septic tank filter at the final point of effluent discharge from the OWTS and prior to the dispersal system shall be deemed to meet this requirement.
5. Septic tanks shall have at least two access openings using risers that allow access to the tank interior meeting the following requirements:
a. Each compartment shall have an access opening;
b. Access openings shall be at least 20 inches in diameter; 118
c. Access openings shall be secured (locked or equivalent) to prevent unauthorized access; and
d. Access openings shall have watertight risers and shall be set at or near finished grade.
6. Dispersal systems shall be sited in soils that are suitable for new and repaired OWTS operation. Where soils consist of greater than 10% rock fragments (cobbles, stones and gravel), the dispersal system area shall be increased in proportion to the percent of rock fragments to compensate for the lost treatment volume.
7. Conventional OWTS dispersal systems shall have at least five feet of continuous soil below the bottom of the dispersal system and above the seasonal high groundwater level and eight feet of soil to fractured/weathered bedrock at all times.
8. Approval of an OWTS shall require: detailed plan review, pre-site, and construction inspections.
C. OWTS Installation.
1. The installation shall be performed by a qualified service provider in a manner that is consistent with the approved plan design.
2. In the event that conditions on-site prevent the installation or function of the OWTS as designed, a revised design plan must be submitted to and approved by the Department prior to installation.
D. Construction Inspection. All OWTS shall require a construction inspection and final approval by either the Department or the Department of Building and Safety prior to use.
E. Any person desiring approval of an OWTS shall submit an application on a form to be provided by the Department of environmental health. Such application shall be accompanied by a fee as required in Chapter 3.44 and as amended. The application shall contain the following information:
1. Name and address of applicant;
2. Location of the proposed installation or reconstruction;
3. A scaled, engineered contoured plot plan describing the proposed construction or alteration in sufficient detail to enable the Director to determine whether the proposed installation or alteration is in compliance with the provisions of this section. All drawings must be made on a scale not less than 20 feet to an inch; 119
4. Other information as deemed necessary by the Director to adequately determine the suitability of a site for the utilization of an OWTS. This information may consist of, but is not limited to, one or more of the following:
a. A soils percolation report which adequately evaluates soil percolation requirements as prescribed in the Department's manual. When a soils percolation test is to be performed, the Department is to be notified so that Department staff can be made available to observe the testing. b. A Groundwater and/or Bedrock Evaluation Report. To effectively evaluate seasonal groundwater, a minimum of 80% of the average annual rainfall shall have fallen based on record of rainfall accumulations from the nearest weather stations. To measure the groundwater level, a groundwater detection boring shall be installed and this detection boring shall be left in place for the Department to make determinations of the groundwater levels. The exact specifications for this detection boring shall be as prescribed in the Department's manual.
8.96.040. Holding tanks.
A holding tank may be approved by the Director if approval to utilize an OWTS has been denied. A holding tank is defined as a sewage facility, of a temporary nature, that has no means of discharge and requires the services of a registered liquid waste hauler for pumping and offsite disposal to an approved wastewater treatment facility.
A holding tank may be approved for a structure, if the following conditions are met:
A. A holding tank may be approved for a period not to exceed two years.
Documentation from the sewering agency for the area shall be submitted which indicates the site will be provided sewer service within the two-year period. An extension of the two-year connection requirement may be granted for cause. The final approval of the extension rests solely on the Department.
B. No holding tank facility shall be placed in any portion of a public right-of-way without written approval from the responsible public agency
C. No wholesale or retail food facilities shall use a holding tank.
D. When a sewer line becomes available, destruction or removal of the holding tank in the manner approved by the Department is required. Destruction or removal of the holding tank and connection to the sanitary sewer shall occur within sixty (60) calendar days of sewer availability.
E. A person proposing to use a Holding Tank shall submit a Land Use application with applicable fee and the following:
1. A site plan indicating the proposed location of the holding tank and structure(s), floor plan and plumbing layout.
120
2. A pumping contract with a liquid waste hauler who is registered the Department and a pumping schedule with a minimum frequency of once per week.
3. Details of a high-level alarm to notify the owner that the sewage that the tank has reached capacity.
Note: A holding tank may be approved as a replacement system for an existing single-family dwelling when sewer, a conventional OWTS or ATS is not feasible if approved in n writing by the Department
8.96.050. Operating permits.
A. All new or repaired alternative OWTS shall be subject to an annual operating permit.
B. Any OWTS subject to this section must be inspected yearly and cleaned (pumped) at least once every five years, unless otherwise specified by the manufacturer or department, by a person holding a valid permit as authorized by Chapter 8.68, as amended.
C. Renewal of subsequent operating permits shall be completed by the property owner or agent on or before the expiration of the permit on forms provided by the Department and shall include:
1. Proof of appropriate on-going maintenance;
2. Proof of septic tank pumping as per the above-specified time frame;
3. Alternative OWTS with advanced treatment shall include evidence of a current maintenance agreement with the manufacturer or other qualified service provider and copies of that company's evaluation/inspections of the OWTS.
Such agreement shall include evaluations by the service provider of a frequency no less than once every three months, with direct visual inspection at a frequency of no less than once every six months;
4. Proof of repairs or alterations to an OWTS must be submitted, when such repairs have been required by the Department;
5. Any and all OWTS reports required as part of the OWTS design approval.
D. Within 60 days of a change of ownership, the new owner or owners must transfer the permit into his, her or their names, using forms provided by the Department.
E. Every OWTS subject to this section shall be subject to an annual inspection by the Department to assure it is operating in a satisfactory manner. 121
8.96.060. Application review process for approval or permit.
A. Initial Application Review.
1. Applicants shall be notified of incomplete or inaccurate applications within 10 working days after the date of the filing of the application. The applicant may make the proper corrections and resubmit the corrected application.
2. Except as to incomplete or inaccurate applications as hereinabove provided, all applications shall be approved or denied, in whole or in part, within 15 working days after the date of filing. If an application is denied, in whole or in part, the applicant may amend the application and resubmit the amended application.
B. Revocations of Approvals or Permits.
1. An approval or permit may be revoked by the Director for failure of the applicant to provide proper, complete and accurate information regarding site conditions for a proposed OWTS.
2. An approval or permit previously granted may be rescinded if soil conditions change significantly prior to construction in a manner that would affect the proper operation of an OWTS.
C. Appeals Process: Any person whose application for an approval or permit has been denied, in whole or in part, , or entire approval or permit has been revoked may appeal this action to the director of environmental health, pursuant to the appeal procedure set forth in Riverside County Ordinance No. 650, as codified in Section 8.124.040 of the Riverside County Code of Ordinances.
8.96.070. OWTS failure.
A. In the event an OWTS is determined to be in failure by the Director, an order shall be given to abate the failure.
B. The property owner, agent or occupant shall be given a notice and reasonable time to abate the stated failure. If the OWTS failure is contributing to an immediate hazard or contamination to a public access or body of water, immediate remedy shall be required.
C. If a determination of an immediate hazard is made by the Director which could potentially contaminate a body of water or public area, such as but not limited to sewage effluent flow onto a public roadway, culvert, drainage ditch, dry or active stream or river bed, the property owner, agent and/or occupant must take measures to abate the failure immediately.
D. When reasonable effort to contact the owner, agent, or occupant is unsuccessful, or upon refusal to abate the OWTS failure, the Director may designate it an imminent hazard to health and safety and may abate the failure. Those remedies include, but are not limited to, the Department contracting to pump a septic tank to eliminate discharge; shutting off water to eliminate sewage discharge; providing alternate means of waste disposal, such as portable toilets or other 122
means deemed necessary to abate the nuisance. Further, the Department may recover the cost for abating the nuisance and its enforcement activities as provided for in Chapter 1.16.
E. The property owner, agent, or occupant may be required to secure a system certification by a qualified service provider as part of the abatement process.
F. Any and all component failures, deficiencies, or malfunctions identified by the system certification shall be repaired. Any and all major repairs are subject to the approval process as described in Section 8.96.030 of this chapter.
8.96.080. Fees.
A. The fees required to obtain an approval from the director of environmental health under the provisions of this chapter shall be as approved by the Board of Supervisors.
8.96.090. Enforcement and additional remedies, penalties, procedures.
A. It shall be the duty of the building official or director of code compliance or director of public works, or their designee, to enforce the provisions of this chapter.
B. Additional remedies, penalties, and procedures for violations of this chapter and for recovery of costs related to enforcement are provided for in Chapter 1.16.
8.96.100. Violations.
A. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any person convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation on the same site. The third and any additional violations on the same site shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.
B. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve any person from the responsibility for correcting the violation.
8.96.110. Public nuisance declaration.
In addition, any violation of this chapter is declared to be a public nuisance and may be abated by the building official or director of code compliance or director of public works or Director of environmental health or his/her duly authorized agent irrespective of any other remedy hereinabove provided.
123
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.6
Meeting Date: August 14, 2024
SUBJECT:
Amendment No. 2 to Interwest Consulting Group Agreement for Right-of-Way Acquisition Services for the Palomar Street Widening Project, Phase 2 (CIP 028-2)
SUBMITTED BY:
Jason Farag, Public Works Director
PREPARED BY:
Warren Repke, Project Manager
ACTION:
Authorize the City Manager to approve a Task Agreement Amendment for additional right-of- way acquisition services for the Palomar St. Widening Project, Phase 2 (CIP 028-2), in the amount of $24,175.
SUMMARY:
The City previously entered into a Task Order Agreement with Interwest Consulting Group to provide right-of-way acquisition services for the widening of Palomar Street from Wildomar Trail to Gruwell Street. Additional services are required to complete the acquisition process.
BACKGROUND:
The City and Interwest Consulting Group entered into an agreement in the amount of $92,265 for professional right-of-way acquisition services on May 11, 2022, to obtain the required right- of-way for the widening and improvement of Palomar Street from Wildomar Trail to Gruwell Street (Agreement). A first amendment to the Agreement (Amendment No. 1) was approved in the amount of $18,800 on May 7, 2023, to provide additional services requested by the City revising the total contract amount to $111,065. These services included acquisition of two additional properties north of Gruwell Street that were added to the project.
The Project was advertised for construction in July, and the bid opening date is currently scheduled for August 20. If a contract is awarded, construction is expected to begin later this year.
DISCUSSION:
During the acquisition process, several issues occurred that required the Interwest to provide services outside of the original scope of work. These included:
Additional meetings and right-of-way documents due to the addition of driveway improvements at the Wildomar Elementary School
Full acquisition of two parcels after the required partial acquisition was complete.
Processing condemnation documents for a non-cooperating parcel.
Preparation of landscape agreements for two existing commercial properties.
Interwest has provided a proposal in the amount of $24,175 for these additional services 124
revising the total agreement amount to $135,240. A Second Amendment to the Task Agreement with Interwest has been prepared and is included as Attachment A. The Second Amendment includes a copy of the Interwest proposal. Staff has reviewed the proposal and recommends the City Council authorize the City Manager to execute a Task Agreement Amendment to approve the additional scope and fee.
FISCAL IMPACT:
Right-of-way acquisition services for the project are funded by TUMF funds. Adequate funds are included in the approved FY 24/25 budget to cover these expenses. No additional funds are needed at this time.
ATTACHMENTS:
A - Task Order Agreement Amendment No. 2
125
126
May 10, 2024
Paul Meschino, President
Interwest Consulting Group, Inc.
127
128
129
130
131
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.7
Meeting Date: August 14, 2024
SUBJECT:
Second Amendment to Agreement with Architerra Design
Group for the 20-Acre Park Project (CIP 099)
SUBMITTED BY:
Jason Farag, Public Works Director
PREPARED BY:
Cameron Luna, Associate Engineer
ACTION:
Authorize the City Manager to execute the Second Amendment to the Agreement with Architerra Design Group for the 20-Acre Park Project
SUMMARY:
The Second Contract Amendment approves extra work to prepare a comprehensive geotechnical report required for the environmental phase of the project beyond the original scope of work.
BACKGROUND:
On June 14, 2023, the City Council approved the acquisition of 20-acres of vacant land for a future 20-Acre Park. The proposed 20-Acre Park (CIP 099, Project) is located east of Palomar St., south of Gierson Ave., and southeast of Pasadena St. The existing 20-acre property is vacant and includes trees, natural vegetation, some irrigation, and some unimproved walking trails and is characterized by rolling topography. To preserve and maintain the natural features of the existing property, the park has been proposed as a passive nature park with limited active amenities and a focus on passive amenities. The City entered into an agreement with Architerra Design Group (Architerra) on July 12, 2023, for the design of the 20-Acre Park (Agreement).
DISCUSSION:
The original Agreement provides for design professional services to design and prepare plans, specifications, and estimates for the 20-Acre Park (Agreement). The original Agreement amount was $243,035.
On December 13, 2023, a First Amendment to the Agreement was approved to include Phase 2 design elements with the Phase 1 delivery, providing time efficiencies in preparing plans, specifications, and estimates for the entire 20-Acre Park site resulting in a new Agreement cost of $350,960.
The proposed Second Amendment is to incorporate extra work to add the preparation of a geotechnical report covering the entire 20-acre site, resulting in an increase of $19,893 for a new Agreement total cost of $370,853. The original scope of work for a geotechnical report was limited to only areas of proposed structures and did not cover the full extent of the site. To complete the Project environmental document, a more comprehensive geotechnical report is 132
required. No other changes to the Agreement are proposed. A copy of the proposed Second Amendment is included as Attachment A. A copy of the extra work proposal is included as Attachment B.
FISCAL IMPACT:
The Second Amendment is for a cost not to exceed
$19,893. Adequate funds were already
included in the approved 5-Year CIP Booklet and in the FY 24/25 budget to cover the cost of these items.
No budget amendment is needed. Proposed funding is from DIF Park Improvement funds (Fund 461).
ATTACHMENTS:
A - Second Amendment
133
RIV #4844-0876-1400 v1
SE
COND AMENDMENT TO
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
20 ACRE PARK
by and between the
CITY OF WILDOMAR
and
ARCHITERRA DESIGN GROUP, INC.
Dated August 14, 2024
134
-2- RIV #4844-0876-1400 v1
SECOND AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE 20 ACRE PARK
This Second Amendment to Agreement for Design Professional Services (“Second Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and Architerra Design Group, Inc. a State of California Corporation (“Design Professional”), as follows:
RECITALS
A. City and Design Professional entered in an agreem
ent for Design
Professional Services on July 12, 2023 (“Agreement” ). The Agreement provides that Design Professional will perform Landscape Architectural services.
B. Section 2 of t he Agreement pr ovides t hat S cope and Cost f or t he performance of the services.
C. The City and Design Professional entered in a First Amendment to Agreement on December 12, 20 23. The First Amendment amends Section 4 of the agreement relating to the Total Compensation of the Agreement.
D. This Second Amendment amends Section 2 scope of services for preparing a comprehensive geotechnical report (Exhibit D), and Section 4 of the agreement relating to the Total Compensation of the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows:
1. A
MENDMENT. The Agreement is hereby modified and amended as follows:
1 .1 Section 2 of the Agreement is hereby amended to read as follows:
(
a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) a nd Exhibit “D” and made a part of this Agreement by this reference.
1 .2 Section 4 of the Agreement is hereby amended to read as follows:
135
-3- RIV #4844-0876-1400 v1
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three Hundred Seventy Thousand Eight Hundred and Fifty Three dollars ($370,853), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
2. GENERAL PROVISIONS
1.3 Remainder Unchanged . Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.4 Integration. This Second Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.
1.5 Effective Date. This Second Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Design Professional. 136 -4- RIV #4844-0876-1400 v1
1.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment.
1.7 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above.
CITY
CITY OF WILDOMAR
ATTEST:
Janet Morales, City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
By:
Dan York, City Manager
DESIGN PROFESSIONAL
Architerra Design Group, Inc.
By:
Richard Krumwiede
Its: President
137
EXHIBIT "D"
Extra Work - Geotechnical Report Scope and Fee
RIV #4821-1277-4564 v1
138
April 25. 2023
Mr. Cameron Luna
Associate Engineer
City of Wildomar
ARCHITERRA DESIGN GROUP
LANDSCAPE AKHITECTU�E AND PLANNING
23873 Clinton Keith Road. Suite 201
Wildomar. CA 92595
Re: LANDSCAPE ARCHITECTURAL EXTRA SERVICE AGREEMENT - CITY OF WILDOMAR PASSIVE PARK - 2329
Dear Mr. Luna,
This letter will confirm your authorization for Architerra Design Group to provide additional services, beyond our contract's original scope of services for the above referenced project.
Per your request. this Extra Service is intended to cover time for Geotek to perform test boring and prepare soil reports characterizing subsurface soil conditions, (proposal attached), and for ADG coordination.
The fee for these services will be billed as follows:
Fixed Fee:
ADG
Geotek
Professional Fee Total:
$2,600.00
$17,293.00
$19,893.00
We request your written approval of this authorization for Extra Design Services by signing and returning one copy of this letter for our files. If this is not your understanding, or if you have questions regarding the above, please contact me immediately. n
Project Manager
Approved: City of Wildomar.
By: ________ _
Title: _________ _
Date: _________ _
ARCHITERRADESIGNGROUP.COM
10221-A TRADEMARK STREET RANCHO CUCAMONGA CA 91730 I PHONE 19091484-2800 fAX 1909)484-2802 �-A #2834 Al. #21/1 5 "-V #446, 0Rt841, NM, •538
139
140
April 24, 2024
Proposal No. P-0407924-CR
Architerra Design Group
10221-A Trademark
Rancho Cucamonga, California 91730
Attention: Mr. Peter Dalman
Subject: Proposal for a Geotechnical Evaluation
Wildomar 20-Acre Nature Park
Assessor’s Parcel Numbers (APNs) 380-050-025 and - 029
Palomar Street and South Pasadena Street
City of Wildomar, Riverside County, California
Dear Mr. Dalman:
As requested, GeoTek, Inc. (GeoTek) is pleased to s ubmit this proposal to prepare a Geotechnical Evaluation for the Wildomar 20-Acre Nat ure Park located in the City of Wildomar, Riverside County, California. This propos al has been prepared based upon information provided by Architerra Design Group and GeoTek’s experience with this type of project.
Site and Project Description
It is GeoTek’s understanding that a 20-acre nature park is proposed to be constructed within the area of two (2) parcels (Riverside County Asses sor’s Parcel Numbers (APNs) 380-050-025 and -029), located northeasterly of the intersectio n of Palomar Street and South Pasadena Street, in the City of Wildomar, Riverside County, California.
Based on review of a Conceptual Master Plan , prepared by Architerra Design Group, proposed improvements for the park are to include, but not n ecessarily be limited to, two (2) prefabricated restroom buildings; a shade structure ; a pedestrian bridge over an adjacent concrete drainage channel; parking areas, monument signs; walking trails; landscaping; and associated improvements. Gierson Avenue will be ex tended into the northeast corner of the site.
GEOTECHNICAL | ENVIRONMENTAL | MATERIALS
141
Architerra Design Group Proposal No. P-0407924-CR
Proposal for a Geotechnical Evaluation April 24, 20 24
Wildomar, Riverside County, California Page 2
For the purposes of this proposal, it is assumed th at any new structures will be one-story and will be supported by conventional shallow spread fo otings and will most likely include a conventional slab on-grade floor system. Additiona lly, deepened footings (i.e., caissons) are anticipated to be utilized for the pedestrian bridg e abutments. Minimal cuts and fills are anticipated to be required during construction.
Based on review of published geologic maps, both pa rks are underlain by alluvium and/or bedrock materials of the Pauba Formation. The sout hwestern portion of the site is located within an “Alquist-Priolo” Earthquake Fault Zone (i .e., Elsinore Fault Zone); however, the site has not been identified by the State of California as having a potential for liquefaction (area not yet mapped). Groundwater is anticipated to be grea ter than 50 feet below the existing grades at the site.
Proposed Scope of Work
In order to characterize the subsurface soil condit ions at the sites, GeoTek will perform a reconnaissance of the site and conduct geotechnical borings. Permission/approval to enter the site area and coordination to drill on the property will need to be provided by Architerra Design Group.
GeoTek will excavate eight (8) exploratory hollow s tem auger borings at the site with the aid of a track mounted drill rig. The borings will be excavated within the vicinity of the proposed restroom buildings, shade structure, pedestrian bri dge abutments and across the site area.
Borings at the proposed pedestrian bridge abutments will be excavated to a maximum depth of 50 feet, or refusal, whichever occurs first. The r emaining six (6) borings will be excavated to a maximum depth of 15 to 20 feet, or refusal, whichever occurs first.
Once the drilling operations are completed, the bor eholes will be backfilled with the soil cuttings and capped with native soil. The costs of removing any excess soil from the borings at the project site have not been included in this proposal.
In order to address the site being located in an ac tive fault zone with respect to the proposed non-habitable structures, GeoTek will conduct a lin eament analysis. The lineament analysis will include review of topographic maps, aerial photos, available geologic reports for the area, LiDAR imagery (if available), etc. A discussion re garding the research and the findings will be included in the report.
Prior to performing the field investigation, a representative of GeoTek will stake or spray paint the proposed exploration locations. Please be advised that GeoTek will not commence the field investigation until a representative of the sites h as reviewed the proposed exploration locations 142
Architerra Design Group Proposal No. P-0407924-CR
Proposal for a Geotechnical Evaluation April 24, 20 24
Wildomar, Riverside County, California Page 3
and has verified that those locations are clear of buried utility lines. Prior to conducting the field explorations, GeoTek will contact Underground Servi ce Alert (USA) to identify buried utilities that may be in the vicinity of the proposed explora tion locations. This service does not mark locations of privately owned utilities. A local pr ivate utility locator has been included in the costs of this proposal to identify possible private utilities within the proposed areas of work which would not be marked by the public utility loc ator. Regardless of the use of a private utility locator, GeoTek will not be responsible for damage to unmarked subsurface structures or appurtenances as a result of the field activities.
GeoTek will not be responsible for repairs to any l andscaping or irrigation lines that may be damaged as part of the field activities.
The fee estimate presented includes one (1) trip to the site to locate the test borings and one (1) trip to perform the actual exploration operation.
California Prevailing Wage requirements are conside red applicable for the project. This proposal is based on the understanding that the fie ld exploration will be conducted during regular weekday business hours and that the boring locations are accessible by a regular-sized track-mounted drill rig.
Samples of soils encountered in the explorations wi ll be obtained for subsequent laboratory testing. The laboratory testing will likely includ e in-situ moisture densities, maximum density/optimum moisture content, direct shear, and expansion index and corrosion testing.
Subsequent to completion of the fieldwork and labor atory testing, a geotechnical report will be prepared for the site. The report will include, bu t not necessarily be limited to: overall feasibility of the proposed improvements from a geo technical standpoint; exploration logs including descriptions of materials encountered; an exploration location map; geologic setting including a discussion of the fault lineament analy sis; site seismic criteria; depth to groundwater if encountered; geotechnical hazards; corrosivity a nd soluble sulfate test results; preliminary foundation recommendations (shallow and driller pie r); pavement design (asphalt and PCC concrete) recommendations; and geotechnical recommendations for grading and construction.
The fee for the Geotechnical Evaluation is $17,293 . A more detailed breakdown of the costs is included in Appendix A attached to this proposal.
A final report for the site can be submitted within approximately 20 working days following completion of the site exploration. It is estimate d that work can commence as soon as written authorization is received. Assuming no delays due to availability of exploration equipment, site accessibility and inclement weather, it is anticipa ted that the field phase of the study will commence promptly once authorized by the client.
143
Architerra Design Group Proposal No. P-0407924-CR
Proposal for a Geotechnical Evaluation April 24, 20 24
Wildomar, Riverside County, California Page 4
Closure
The fees covered by the above estimate are limited to the stated scope and do not include any response to jurisdictional review questions, constr uction-related services, additional meetings or consultations that may be requested. Services b eyond those outlined in this proposal and requested/authorized will be invoiced at the prevailing hourly rates, as indicated on the attached Work Authorization and Agreement.
Please sign and return a copy of the enclosed "Work Authorization and Agreement" form to this office.
If GeoTek receives a request to proceed (whether ve rbal, in writing or in the form of a Work Order or Purchase Order) with any or all of the ser vices described in this proposal prior to receiving a signed copy of the attached Work Authori zation and Agreement, and GeoTek provides any or all of the services, GeoTek and Arc hiterra Design Group expressly agree that the terms of this proposal, the attached fee schedu le and the terms and conditions set forth in the attached Work Authorization and Agreement form shall govern all the services performed.
GeoTek appreciates the opportunity of submitting th is proposal and has included a contract for the scope of services. GeoTek looks forward to working with Architerra Design Group towards the successful completion of this project. If you have any questions, please do not hesitate to contact the undersigned.
Respectfully submitted,
GeoTek, Inc.
Anna M. Scott Bruce A. Hick
Project Geologist GE 2284, Exp. 12/31/24
Geotechnical Engineer
Edward H. LaMont
CEG 1892, Exp. 07/31/24
Principal Geologist
Enclosures: Breakdown of Costs
Work Authorization and Agreement
\\geotekfs1\Riverside\Geo. & Env. Proposals\2024\April \P-0407924-CR Architerra Design Group GEO\P-0407924-CR Architer ra Design Group Wildomar GEO.doc
144
TASK RATE TOTAL Notes
TASK NO. 1 SCHEDULING AND PROJECT COORDINATION
Staff Engineer/Geologist 2 Hours 145 $ 290 $
290 $
TASK NO. 2 SUBSURFACE INVESTIGATION
Private Utility Locator* 4 Hours 420 $ 1,680 $ Includes marking utilities and report Mobilization/Demobilization (Private Utility Locator) 6 Hours 216 $ 1,296 $ Hollow Stem Auger Track Mounted Drill Rig* 8 Hours 540 $ 4,320 $ Mobilization/Demobilization (Drill Rig) 3 Hours 540 $ 1,620 $ Field Engineer/Geologist 16 Hours 122 $ 1,952 $ Includes USA marking, utility coordination and boring logging
10,868 $
TASK NO. 3 LABORATORY TESTING
Moisture/Density Rings 20 Each 35 $ 700 $
Expansion Index 1 Each 176 $ 176 $
Corrosion Suite Testing with Sulfates 1 Each 235 $ 235 $ Direct Shear - Remolded 1 Each 278 $ 278 $
Direct Shear - In-Situ 3 Each 278 $ 834 $
Proctor - Moisture Density Curve 1 Each 226 $ 226 $ Collapse 3 Each 110 $ 330 $
R-Value 1 Each 382 $ 382 $
3,161 $
TASK NO. 4 ENGINEERING AND REPORT PREPARATION
Lineament Analysis, Research, Topographic Maps
and Aerial Photos 8 Hours 145 $ 1,160 $
Office Services/Drafting 4 Hours 71 $ 284 $
Staff Engineer/Geologist 8 Hours 145 $ 1,160 $ Geotechnical Engineer 2 Hours 185 $ 370 $
2,974 $
17,293 $
* Denotes Prevailing Wage Rate
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
SUBTOTAL:
TOTAL:
QTY
Appendix A
Breakdown of Costs for a Geotechnical Evaluation
Wildomar 20-Acre Nature Park (APNs 380-050-025 and 380-050-029) Wildomar, Riverside County, California
145
GeoTek, Inc. Work Authorization And Agreement
PROJECT INFORMATION
Proposal No:
Retainer:
Reimbursable Expenses not in fee Estimate:
Special Instructions:
CLIENT INFORMATION
Ext:
State: Zip: 91730
TERMS AND CONDITIONS
1) AGREEMENT. This Work Authorization and Agreement together with the proposal 4) ADDITIONAL SERVICES. Client acknowledges that it is impossible to predict what changes to the Services will be necessary as requirements for changes come from many sources beyond GeoTek's control. In the event changes become necessary, any services that are not specifically set forth in either GeoTek’s proposal or this Agreement but are requested by Client, its agents, representatives, or designees, either verbally or in writing, will be considered “Additional Services”. If Client, its agents, representatives, or designees request any Additional Services, GeoTek may issue Client a Change Order for Additional Services (“Change Order”) confirming Client’s authorization to proceed with such Additional Services. If GeoTek issues Client a Change Order, Client must notify GeoTek of any disagreements with or amendments to any of the terms of the Change Order within twenty-four hours of receipt. Client’s failure to provide GeoTek with such timely notice will constitute acceptance of the terms of the Change Order and Client will be responsible for all additional charges, costs, fees and expenses incurred by GeoTek for such Additional Services. Fax transmissions and email are acceptable modes of confirmation. The Terms and Conditions of this Agreement and most recent fee schedule will apply to all Additional Services regardless of whether GeoTek issues a Change Order or not.
7) HAZARDOUS MATERIALS. GeoTek is not a generator, transporter and does not store or dispose of hazardous waste or non hazardous waste. Client will be responsible for the proper management, storage and disposal of hazardous waste or non hazardous waste present on the site and that may be encountered whether or not identified during GeoTek’s evaluation.
Mr. Peter Dalman
10221-A Trademark
City:
[email protected]
CA
GeoTek, Inc., a Nevada Corporation
P-0407924-CR(the “Proposal”), the terms of which are
Rancho Cucamonga Fax No:
Phone No:
Cell Phone:
Attention:
Address 1:
Address 2:
Email:
incorporated herein by reference and made a part of this Agreement (defined below) will constitute the agreement between Client, as identified above, and 4/24/2024 Date:
P-0407924-CR
Project No:
Name: Architerra Design Group
--
Wildomar 20-Acre Nature Park - Geotechnical Evaluation
Wildomar, Riverside County, California
Scope and estimated fees are outlined in text of proposal and/or below under "Special Instructions." Services not outlined in the proposal or in this Agreement, are not included in the scope of this contract and will be invoiced separately as Additional Services (as provided in Paragraph 4 below). All services, including any Additional Services, are subject to the Terms and Conditions below. $17,293.00
Scope of Services:
Project Location:
Project Name:
COD: Fee Estimate:
2) FEES/QUOTATIONS. Unless otherwise specified, the Proposal will define the: (1) Services to be provided, (2) the estimated fee and expense amount(s) for such Services, and (3) the billing type or method (e.g. time and materials, lump sum, fixed fee to a maximum, etc.). Client agrees to pay GeoTek its quoted rates for the Services and any Additional Services (as defined below) and products provided subject to changes in pricing from time to time. Any quotation will be good for a period of thirty (30) days from the date of the quotation. Quotation(s) of fees and expenses are estimates only. The actual fees and expenses will be shown when the final invoice is tendered. (“GeoTek”) for performance of the professional services outlined in the Proposal, (“Services”). 3) BILLING AND PAYMENT.Invoices will be submitted on a progress basis for all Services performed during the term of the project. All invoices are due and payable upon receipt. Any and all invoices or any portion thereof, outstanding after thirty (30) days will accrue interest at 1.5% per month but in no event more than the maximum rate permissible by law from the original date of the invoice until paid.
GeoTek is willing to provide the Services for consideration and upon the terms set forth in the Proposal and hereinafter stated. This Work Authorization and Agreement and the Proposal will be referred to collectively hereinafter as the “Agreement”. Any future work performed for Client will be under the terms of this Agreement unless a new agreement is executed in writing by both parties. 5) RIGHT OF ENTRY.
a) Client hereby grants GeoTek the right of entry to the job site to permit GeoTek to perform the work under this Agreement. Client warrants that it has the authority to grant such right of entry.
b) Client acknowledges that excavations or destructive testing may be required to perform portions of the Services. Excavations will be backfilled in a prudent manner but cannot be returned to the previous condition. Damage to landscaping or natural vegetation may result. Client will indemnify and hold GeoTek harmless from any and all damages to persons or property caused by or to GeoTek or third parties as a result of the Services.
Contract Revision 2022
6) PERFORMANCE.
a) Governmental rules and regulations are subject to interpretations. GeoTek will prepare all reports with a view toward complying with governmental rules and regulations, but no guarantee is given that any or all reports will be approved by the applicable governmental agency. b) GeoTek is relying entirely on plans and maps given to GeoTek by the Client or Client's agents, representatives or designees. Client will indemnify and hold GeoTek harmless from any and all damages to person or property caused by or to GeoTek or third parties resulting from undisclosed underground conditions or errors or inaccuracy of plans, maps or any other information provided by the Client or Client's agents, representatives or designees to GeoTek. c) GeoTek will not be responsible for delays or its failure to perform as a result of inclement weather, accidents, acts of God, public insurrection, war, labor difficulties, riots, interference by governmental agencies, or any other act reasonably beyond GeoTek's control. d) Client will disclose in writing to GeoTek any and all known or suspected hazardous or toxic conditions or materials present at the job site and will indemnify, defend and hold GeoTek harmless from and against any and all liability, costs, attorneys or expert fees or damage to person or property arising from hazardous or toxic conditions or materials present at the job site. 146
GeoTek, Inc. Work Authorization And Agreement
f) Notwithstanding any other provision of this Agreement, neither the Client nor GeoTek, their respective officers, directors, partners, employees, contractors or subconsultants will be liable to the other or will make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages will include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and GeoTek will require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project.
Contract Revision 2022
13) OWNERSHIP OF INSTRUMENTS OF SERVICE. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by GeoTek as instruments of service will remain the property of GeoTek. GeoTek will retain all common law, statutory and other reserved rights, thereto. All documents prepared by GeoTek under this Agreement for a particular project are not intended and not represented to be suitable for reuse by Client or others on any other project. Any such reuse without written authorization from GeoTek will be without liability to GeoTek and Client agrees to indemnify, defend, and hold harmless GeoTek from and against any and all losses, claims, damages and expenses (including attorney’s fees) arising out of or resulting therefrom.
8) PROFESSIONAL OPINION. GeoTek’s professional services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering practices in effect at the time and place the services are performed. The professional opinions of GeoTek will be based upon conditions revealed at exploration locations and reconnaissance of surrounding terrain or through research efforts. The services on any given site are limited.
It is agreed that GeoTek is not responsible for the affect that unknowns such as acts of others on adjacent properties, variables of nature including, but not limited to, earthquakes, the works of man, Acts of God, and other variables beyond the control of GeoTek may have on any opinion rendered hereunder. No opinions of any kind are given by GeoTek except those expressly stated in GeoTek's written reports. GeoTek does not warrant (either expressed or implied) or guarantee any of its recommendations, opinions or Services. 9) INSURANCE. GeoTek maintains worker's compensation and public liability insurance policies for bodily injury and property damage. Certificates of insurance will be furnished upon request. With regard to property claims, GeoTek will not be responsible for damage beyond those amounts paid under the policies. GeoTek will not be responsible for any consequential, lost profits, business interruption, or other damages claimed by Client. Requests for waivers of subrogation or other endorsements are subject to a 5% fee surcharge. 10) INDEMNIFICATION and LIMITATION OF LIABILITY.
a) GeoTek agrees, subject to the limitations herein, to indemnify and hold harmless Client from and against damages, liability and reasonable costs arising from the negligent acts of GeoTek in the performance of its Services under this Agreement, but only to the extent that a court of competent jurisdiction determines GeoTek is responsible for such damages, liability and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify Client, the parties expressly agree that GeoTek has no duty to defend Client from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. GeoTek will not be obligated to indemnify Client for Client's own negligence or the negligence of others.
b) Client agrees, subject to limitations herein, to indemnify and hold harmless GeoTek from and against damages, liability, and reasonable costs arising from the negligent acts of Client related to any work performed under this Agreement, but only to the extent that a court of competent jurisdiction determines the Client is responsible for such damages, liability, and reasonable costs on a comparative fault basis. Notwithstanding the foregoing agreement to indemnify GeoTek, the parties expressly agree that the Client has no duty to defend GeoTek from or against any claims, damages, liabilities, judgments, demands, causes of action, costs, expenses, or proceedings of any kind. Client will not be obligated to indemnify GeoTek for GeoTek’s own negligence or the negligence of others.
c) Client acknowledges that it is aware of the risks involved in construction, limitations inherent to the contract Services, and variations that can exist from the conditions identified. Client agrees to limit any liability, claim for damages to person or property, attorneys fees, expert fees or other costs of defense, or expenses (collectively "Claims") to be levied against GeoTek arising out of or relating to any design defect, error, omission, professional negligence or other promise of GeoTek (collectively "Liabilities") to the amount of GeoTek's fees paid under the Agreement. This limitation will apply regardless of the cause of action or legal theory pled or asserted. The fee charged Client for the Services to be rendered pursuant to this Agreement has been established with regard to the legal effect of this Limitation of Liability section. Increased limits of liability can be negotiated for an increased fee. d) Except for work performed or provided by those subcontractors or subconsultants retained directly by GeoTek for whom GeoTek is legally liable, GeoTek assumes no responsibility or liability for work, testing, design(s) or recommendations performed or provided by others including, without limitation, other contractors, subcontractors, or consultants of any tier. e) The parties understand and agree that Client’s sole and exclusive claim, demand, suit, judgment and/or remedy for any claims arising from or in any way related to the performance of the Services provided under this Agreement will be directed and/or asserted only against GeoTek and not against any of GeoTek’s shareholders, engineers, employees, officers, or directors. 12) JOBSITE SAFETY. Neither the professional activities of GeoTek nor the presence of GeoTek or its employees and subconsultants at a construction/project site, will relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. GeoTek and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor will be solely responsible for Jobsite safety, and warrants that this intent will be carried out in the Client’s contract with the General Contractor. The Client also agrees that the Client, GeoTek and GeoTek’s subconsultants will be indemnified by the General Contractor and will be made additionally insured under the General Contractor's policies of general liability insurance. 11) DISPUTE RESOLUTION.In an effort to resolve any conflicts that arise during the design and construction of the project or following the completion of the project the Client and GeoTek agree that all disputes between them arising out of or relating to this Agreement or the project will be submitted to non binding mediation unless the parties mutually agree otherwise.
147
GeoTek, Inc. Work Authorization And Agreement
By: By:
Title: Title:
14) FORCE MAJEURE. Force Majeure as used in this Article will mean an act of God, strike, lockout, or other industrial disturbance, act of public enemy, war, blockage, public riot, lightning, fire, flood, explosion, earthquake, failure to timely receive necessary governmental approvals government restraint, unavailability of equipment, and any other cause, whether of the kind specifically enumerated above or otherwise, other than financial liability, which is not reasonably within the control of the party claiming suspension. If either party is rendered unable, wholly or in part, by Force Majeure to carry out their obligations under this Agreement, other than the obligation to make money payments, such party will give to the other party prompt written notice of the Force Majeure with reasonably full particulars concerning it; thereupon, the obligations of the party giving notice, so far as they were affected by the Force Majeure, will be suspended during, but no longer than, the continuance of the Force Majeure. The affected party will use all possible diligence to remove the Force Majeure as quickly as possible.
15) TERMINATION.
a) In the event of termination of this Agreement by either party for any reason, the Client will within fifteen (15) calendar days of termination pay GeoTek for all Services rendered and all reimbursable costs incurred by GeoTek up to the date of termination, in accordance with the payment provisions of this Agreement.
b) The Client may terminate this Agreement for the Client's convenience and without cause upon giving GeoTek not less than seven (7) calendar days written notice.
c) Either party may terminate this Agreement for cause upon giving the other party not less than seven (7) calendar days written notice for any of the following reasons:
i.) Failure by the other party to materially perform in accordance with the terms of this Agreement and through no fault of the terminating party; ii.) Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party; iii.) Material changes in the conditions under which this Agreement was entered into, the scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes. d) In the event of any termination that is not the fault of GeoTek, Client will pay GeoTek, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by GeoTek in connection with the orderly termination of this Agreement, including without limitation, demobilization, reassignment of personnel, overhead costs and all other expenses directly resulting from the termination. 17) MISCELLANEOUS.
a) All terms of this Agreement will be governed by and construed under the law of the State in which the Services are provided. Diversity of the parties will not determine jurisdiction.
b) No provision of this Agreement will be interpreted for or against any party because that party or its legal representative drafted the provision. c) In the event that legal action is taken to enforce the terms of this agreement or resolve a dispute the prevailing party will be entitled to reasonable attorney's fees and costs incurred.
d) Failure by a party to exercise any right, remedy, or option in this Agreement or delay by a party in exercising the same will not operate as a waiver. No waiver will be effective unless it is in writing.
e) Every provision of this Agreement is intended to be severable. If any term or provision hereof is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason whatsoever, such illegality, invalidity or unenforceability will not affect the balance of the terms and provisions hereof, which terms and provisions will remain in full force and effect. f) This Agreement may be executed at different times and in multiple counterparts, including, without limitation, facsimile counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. g) Client may not assign its rights or obligations under this Agreement without the express written consent of GeoTek. GeoTek may assign its rights and obligations under this Agreement to any of its affiliate companies without Client's consent upon written notice to Client. In the event of such an assignment, the assignee will assume the obligations of GeoTek under this Agreement as though such assignee had been an original party to this Agreement. 18) AMENDMENTS. Except as specifically provided herein, no addition(s) to or modification(s) of this Agreement will be binding on either party unless made in writing and executed and initialed by GeoTek and Client. 16) SUSPENSION OF SERVICES.
a) If the Project or GeoTek's Services are suspended by the Client for more than thirty (30) calendar days, consecutive or in the aggregate, over the term of this Agreement, GeoTek will be compensated for all Services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of Services, the Client will compensate GeoTek for expenses incurred as a result of the suspension and resumption of its Services, and GeoTek's schedule and fees for the remainder of the Project will be equitably adjusted. b) If GeoTek’s Services are suspended for more than ninety (90) days, consecutive or in the aggregate, GeoTek may terminate this Agreement upon giving not less than five (5) calendar days written notice to the Client. c) If the Client is in breach of the payment terms or otherwise is in breach of this Agreement, GeoTek may, at its sole discretion, suspend performance of services and/or withhold any and all reports and work product. In the event GeoTek suspends performance and/or withholds reports and work product pursuant to this provision, GeoTek will not be in default of this Agreement and GeoTek will have no liability to the Client. Client agrees to make no claim against GeoTek for any delay or damage as a result of such suspension and/or withholding of reports and work product and agrees to defend and indemnify GeoTek from and against any and all claims for damages including, without limitation, claims for delay, lost profit, business interruption, consequential or any other damages resulting from the suspension of services and/or withholding of any report and work product. Upon receipt of payment in full of all outstanding sums due from the Client, or curing of such other breach which caused GeoTek to suspend Services and/or withhold reports and work product, GeoTek will resume Services and/or provide Client with the applicable reports and work product and there will be an equitable adjustment to the remaining project schedule and fees as a result of the suspension.
Signature
Branch Manager
Contract Revision 2022
Printed Name
Signature
Printed Name
Ed LaMont, CEG
P-0407924-CR
CONSULTANT Authorized Signature of Acceptance: CLIENT'S Authorized Signature of Acceptance:
By Signing below, the parties accept the services outlined in the proposal, the rates indicated on any attached fee schedule, and all the terms and conditions contained within each page of this Agreement, including but not limited to attachments and exhibits. 148
Soils and Asphalt Continued
Description Unit Rate Unit
Unit Rate Unit
Percent Finer than #200 Sieve ASTM D1140 138.00 $ Each
Principal Engineer/Geologist 214.00 $ Hour Permeability of Granular Soils ASTM D2434 232.00 $ Each Geotechnical Engineer 185.00 $ Hour Permeability, Flexible Wall, Cohesive Soil ASTM D5084 579.00 $ Each Project Engineer/Geologist 156.00 $ Hour "R" Value ASTM D2844/CT 301 382.00 $ Each Staff Engineer/Geologist 145.00 $ Hour Resistivity of Soil ASTM G57 and pH ASTM D4972 150.00 $ Each Field Engineer/Geologist 122.00 $ Hour Sand Equivalent ASTM D2419/CT 217 133.00 $ Each Field Supervisor 113.00 $ Hour Sieve Analysis of Extracted Aggregate ASTM D5444 87.00 $ Each Project Adminstration/Drafting 71.00 $ Hour Sieve Analysis, 3" to #200 Gradation ASTM C117 176.00 $ Each Sieve Analysis Minus #200 by Wash ASTM D1140/C117 87.00 $ Each Soil Classification, ASTM D 2487 324.00 $ Each
Unit Rate Unit Soil Moisture/Density In Situ Sample ASTM D1587/D2937 35.00 $ Each Water Soluble Sulfate 69.00 $ Each
Lead Inspector 93.00 $ Hour Organic Content, ASTM D 2974 52.00 $ Each Certified Welding Inspector(AWS/CWI) 103.00 $ Hour
Soils Technician 82.00 $ Hour Concrete and Aggregate Tests ICC Certified Inspector(RC, PC, RM, SS, FP) 82.00 $ Hour Description Unit Rate Unit ACI Technician 82.00 $ Hour
Proof Load Testing 145.00 $ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 87.00 $ Each Floor Flatness Technician Quote Upon Request Specific Gravity & Absorption Fine Agg. ASTM C128 87.00 $ Each Ground Penetrating Radar Quote Upon Request Trial Batches ASTM C192 927.00 $ Each One Man Crew 232.00 $ Hour Durability Index Coarse & Fine Aggregate ASTM D3744 138.00 $ Each Two Man Crew $314.00 Hour Lightweight Concrete Unit Weight ASTM C495 41.00 $ Each Non-Destructive Testing (ASNT) Modulus of Elasticity of Concrete ASTM C469 232.00 $ Each Level III Review 232.00 $ Hour Sieve Analysis, Coarse Aggregate ASTM C136/CT 202 115.00 $ Each Magnetic Particle Testing Level II 155.00 $ Hour Sieve Analysis, Fine Agg #4 to #200 ASTM C117/C136 176.00 $ Each Ultrasonic Testing Level II 155.00 $ Hour Specific Gravity & Absorption Coarse Agg. ASTM C127 87.00 $ Each Radiographic Inspection Quote Upon Request Specific Gravity & Absorption Fine Agg. ASTM C128 87.00 $ Each Coring Splitting Tensile/Concrete Cylinder ASTM C496 59.00 $ Each Coring Machine Operator with equipment 145.00 $ Hour L.A. Rattler, ASTM C131 or C535/Cal 211 347.00 $ Each Helper (Add Per Hour) 82.00 $ Hour Sulfate Soundness (per sieve), ASTM C88 625.00 $ Each Wood Fabrication Inspection 128.00 $ Hour Unit Weight of Aggregates, ASTM C29 138.00 $ Each Nailing Inspection 103.00 $ Hour Cleanness Value, CT 227 138.00 $ Each Roofing Inspection 103.00 $ Hour Moisture Content of Aggregate ASTM C29 87.00 $ Each Laboratory Technician 103.00 $ Hour Concrete
Sample Pick-up Driver (If not done on a per trip basis) 82.00 $ Hour Shrinkage, set of 3, ASTM C157, CT 530 464.00 $ Each Compression 4x8 Cylinders ASTM C39 35.00 $ Each
ENVIRONMENTAL AND GEOTECHNICAL INVESTIGATIONS Compression, 6x12 Cylinders, ASTM C39 35.00 $ Each Description Unit Rate Unit Compression, 3X6 Cylinders Lightweight ASTM C495 52.00 $ Each Phase 1 and Phase 2 Reports Quote Upon Request Compression, 2X2 Cubes, each age, ASTM C109 35.00 $ Each Geotechnical Investigation Report Quote Upon Request Concrete Core Compression ASTM C42 83.00 $ Each Percolation or Infiltration Testing Quote Upon Request Splitting Tensile, 6X12 Cylinders, ASTM C496Per-diem, Including Lodging (Beyond 100-Mile Radius) 87.00 $ Each Unit Weight of Concrete Cylinders, ASTM C567 52.00 $ Each LABORATORY TESTS Unit Weight of Lightweight ASTM C495 64.00 $ Each Soils and Asphalt Flexural Strength of Concrete, ASTM C78 or C495 87.00 $ Each Description Unit Rate Unit Shotcrete Panel Core Compression Test, ASTM C42 128.00 $ Each Emission of Moisture through Concrete 115.00 $ Each
Asphalt Content by Ignition 352.00 $ Each
Burn-Off Method CT 382/ASTM D6307 347.00 $ Each Masonry Tests Bitumen Content (extraction), ASTM D2172 231.00 $ Each Description Unit Rate Unit Bitumen Content CT 310/Cal 382 Ignition Furnace 174.00 $ Each Gradation of Extracted Sample, ASTM C 136/CT 202 352.00 $ Each Brick Absorption ASTM C67 29.00 $ Each Maximum Specific Gravity, (Marshall) ASTM D2041 347.00 $ Each Brick Compression ASTM C67 59.00 $ Each Collapse/Swell ASTM D4546 110.00 $ Each Dimensional Measurement-Masonry Units ASTM C140 87.00 $ Each Compaction, Modified Proctor ASTM D1557 226.00 $ Each Masonry Unit Compression Gross Area ASTM C140 128.00 $ Each Compaction, Modified Proctor ASTM D698 226.00 $ Each Masonry Unit Compression Net Area ASTM C140 99.00 $ Each Hveem Maximum Density, CT 304/308 405.00 $ Each Absorption & Moisture of Block ASTM C140 29.00 $ Each Consolidation ASTM D2435, D4546 261.00 $ Each Compression, Grout Prisms, ASTM C39 35.00 $ Each Corrosivity Suite D4972, G57, D4327, D46589M 235.00 $ Each Compression, Mortar Cylinders, ASTM C39 35.00 $ Each Direct Shear, Consolidated-Drained ASTM D3080 278.00 $ Each Compression, Composite Prisms, ASTM E447 128.00 $ Each Direct Shear, Residual ASTM D6467 Mod 278.00 $ Each Compression, Masonry Core, ASTM C140 87.00 $ Each Expansion Index Test UBC 29-2/ASTM D4829 176.00 $ Each Shear, Masonry Core, CCR Title 24 115.00 $ Each Liquid Limit, Plactic Limit and P.I. ASTM D4318 174.00 $ Each Epoxy Grout 2x2x2 Cube Compression ASTM C579 35.00 $ Each Particle Size Analysis of Soil #4 to Fines ASTM D422 330.00 $ Each Masonry Composite Prism Compression ASTM C1314 185.00 $ Each Specific Gravity of Soil, ASTM D854 199.00 $ Each Grout Prism - Compression Test ASTM C1019 35.00 $ Each Staff Type
PERSONNEL RATES
Professional and Project Management
Inspectors and Technicians
GEOTECHNICAL, SPECIAL INSPECTION AND CONSTRUCTION MATERIALS TESTING SERVICES
Staff Type
Riverside 2024 Master fee Schedule (Non-Prevailing Wage Project) 149
Reinforcing Steel Tests Miscellaneous
Description Unit Rate Unit Description Unit Rate Unit
Bend Test of Rebar #11 ASTM A370 115.00 $ Each Concrete Mix Design Review 214.00 $ Each Bend Test of Rebar #14 ASTM A370 197.00 $ Each Weld Procedure Review 232.00 $ Each Bend Test of Rebar #3 - #10 ASTM A370 93.00 $ Each QA/QC Plan Written Procedures Quote Upon Request Tensile #11 Rebar ASTM A370 93.00 $ Each Administrative/Clerical Services 71.00 $ Each Tensile #14 Rebar ASTM A370 232.00 $ Each
Tensile Test #3 - #10 ASTM A370 87.00 $ Each
Prestressing Steel Tests
Description Unit Rate Unit BASIS OF CHARGES
Yield Strength, Breaking Strength, Elongation 347.00 $ Each Description Unit Rate Unit (add $ 50.00 per test; for Modulus of Elasticity)
Work from 0-4 hours 4-Hour Minimum Billing
Structural Steel Tests Work from 4-8 hours 8-Hour Minimum Billing Description Unit Rate Unit Project Management as Project Engineer/Geologist 1- Hour Minimum weekly Work over 8 hours per day, or on Saturdays Time and One-Half High Strength Bolts/Nuts/Washer Compliance Test ASTM F606174.00 $ Each Work over 12 hours per day Double Time Mild Steel Not Over 1" Thick Each Work on Sundays/Holidays Double Time Tensile Strength, ASTM A370 (test only) 174.00 $ Each Show-Up Time 2-Hour Minimum Billing Anchor Bolts, A 505 243.00 $ Each Laboratory Testing - Rush Fee Add 50% to Testing Cost Tensile Strength 232.00 $ Each Outside Services/Reimbursables Cost + Bolts Proof Load or Ultimate 145.00 $ Each Shipping Charges Cost + Hardness (Rockwell) 59.00 $ Each Parking/Tolls At Cost Certified Payroll Compliance $125 per month
Fireproofing Tests Deputy Inspectors (If applicable)
- $
Description Unit Rate Unit Travel Time (Beyond 60-Mile Radius of Project Site) 82.00 $ Per-diem, Including Lodging (Beyond 100-Mile Radius) Quote Upon Request Fireproofing Adhesion / Cohesion Test Kit ASTM E736 59.00 $ Each Fireproofing Density Test ASTM E605 52.00 $ Each
.
150
151
RIV #4844-0876-1400 v1
FIRST AMENDMENT TO
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
20 ACRE PARK
by and between the
CITY OF WILDOMAR
and
ARCHI
TERRA DESIGN GROUP, INC.
Dated December 13, 2023
152
-2- RIV #4844-0876-1400 v1
FIRST AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE 20 ACRE PARK
This First Amendment to Agreement for Design Professional Services (“ First Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and Architerra Design Group, Inc. a State of California Corporation (“Design Professional”), as follows:
RECITALS
A. City and Design Professional entered in an agreement for Design Professional Services on July 12 , 2023 (“Agreement”). The Agreement provides that Design Professional will perform Landscape Architectural services.
B. Section 2 of the Agreement provides that Scope and Cost for the performance of the services.
C. T
his First Amendment amends Section 4 of the agreement relating to the Total Compensation of the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows:
1. A
MENDMENT. The Agreement is hereby modified and amended as follows:
1.1 Section 4 of the Agreement is hereby amended to read as follows:
153
-3- RIV #4844-0876-1400 v1
(a) Subject to any limitations s et forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and
made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Three
Hundred Fifty Thousand Nine Hundred and Sixty
dollars ($350,960), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government
Code Section 8546.7, if the Not to Ex ceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the S
ervice Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
2. GENERAL PROVISIONS
1.3 Remainder Unchanged . Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties.
1.4 Integration. This First Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment.
1.5 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Design Professional. 154
-4- RIV #4844-0876-1400 v1
1.6 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.
1.7 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
CITY
CITY OF WILDOMAR
By:
Dan York, City Manager
ATTEST:
Janet Morales, City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
DESIGN PROFESSIONAL
Architerra Design Group, Inc.
By:
Richard Krumwiede
Its : President
155
156
RIV #4821-1277-4564 v1
-1-
A
GREEMENT FOR SERVICES
By an
d Between
T
HE CITY OF WILDOMAR,
a municipal corporation
a
nd
A
RCHITERRA DESIGN GROUP, Inc.,
a California corporation
157
RIV #4821-1277-4564 v1 - 1 -
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
__________________________________
T
his Agreement for Services (“Agreement”) is entered into as of this 12th day of July, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and Architerra Design Group, Inc. , a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by request for proposal the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a proposal and quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provi der for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for two (2) years / twenty-four (24) months commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) S
cope of Services . Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
158
RIV #4821-1277-4564 v1 - 2 -
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred F orty-Three Thousand and Thirty Five dollars ($243,035), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Sectio n 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub- category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 159
RIV #4821-1277-4564 v1 - 3 -
Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Servic e Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, other wise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, st udies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
160
RIV #4821-1277-4564 v1 - 4 -
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors -in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Ser vice Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
161
RIV #4821-1277-4564 v1 - 5 -
(c) Neither Service Provider , nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
162
RIV #4821-1277-4564 v1 - 6 -
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be 163
RIV #4821-1277-4564 v1 - 7 -
considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
A. General
(1) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(2) I
ndemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory 164
RIV #4821-1277-4564 v1 - 8 -
proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (3) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (4) Cit
y’s Negligence . The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
B. Design Professional Indemnification
To the extent Service Provider or any sub- consultants are Design Professionals as defined in Civil Code Section 2782.8, the following indemnification provisions shall apply:
(1) Indemnification by Design Professional. Where the services to be provided by Design Professional under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Design Professional and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Design Professional’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Design Professional’s proportionate percentage of fault. (2) As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Design 165
RIV #4821-1277-4564 v1 - 9 -
Professional agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Design Professional's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willf ul misconduct of the City, its officers, officials, employees and volunteers.
(3) Indemnification from Sub-consultants. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(4) Cit
y's Negligence . The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors. 166
RIV #4821-1277-4564 v1 - 10 -
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoi ce for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compens ation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed aft er the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty ( 30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement. 167
RIV #4821-1277-4564 v1 - 11 -
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: Architerra Design Group
Attn: Richard Krumwiede
10221-A Trademark St.
Rancho Cucamonga, CA 91730
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement. 168
RIV #4821-1277-4564 v1 - 12 -
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to is sue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agr eement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the Cit y. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding 169
RIV #4821-1277-4564 v1 - 13 -
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaini ng provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement confli ct with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales
City Clerk
170
RIV #4821-1277-4564 v1 - 14 -
APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________
By: By:
Richard Krumwiede
Its: President Its: ________________________
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
171
RIV #4821-1277-4564 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instr ument 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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
__________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
172
RIV #4821-1277-4564 v1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
C ORPORATE OFFICER
____ ___________________________
TITLE(S)
PAR TNER(S) LI MITED
G ENERAL
A TTORNEY -IN-FACT
T RUSTEE(S)
G UARDIAN/CONSERVATOR
O THER____________________________
____ ______________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
173
EXHIBIT "A"
SCOPE OF SERVICES
I
. Service Provider will perform the following Services:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
I
I. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
I
II. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
I
V. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
V
. Service Provider will utilize the following personnel to accomplish the Services:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
VI.
Service Provider will utilize the following subcontractors to accomplish the Services:
A. P
er the attached “Landscape Architectural Services Proposal, 20- Acre Passive Park APN 380-050-025, Wildomar, CA”
RIV #4821-1277-4564 v1
174
ARCHTERRA
DESIGNGROUP
lANDSCAPEARCHITECTUREANDPLANNING
May19th,2023
Mr.JasonFarag,PE
DirectorofPublicWorks
CityofWildomar
23873ClintonKeithRoad,Suite201
Wildomar,CA92595
RE:LANDSCAPEARCHITECTURALSERVICESPROPOSAL,20-ACREPASSIVEPARKAPN380- 050-025,WILDOMAR,CA
DearMr.Farag,
WearepleasedtosubmitthisproposalforLandscapeArchitecturalServicesin connectionwiththeprojectreferencedabove.Thisagreementisbyandbetween ArchiterraDesignGroup,Inc.(ADS)andTheCityofWildomar(Client).
PROJECTOVERVIEW
ADSshallprovideprofessionalservicesontheprojectreferencedabove,theextentof whichmaybegenerallydescribedasthepreparationofConceptualDesign,Design Development,ConstructionDocuments,Specifications,andCostEstimateforanew20- acrepassivepark.
The20-acreparcelisborderedbyasinglelargeresidentialpropertytotheeast,Palomar Streettothesouth,thefloodcontrolchannel,andadjacentAnneSullivanPreschoolto thewest,andresidentialtrackhomestothenorth.
TheCityofWildomarhasexploredtheoptionofprovidingasmallparkinglotand pedestrianaccessconnectionwithina1/2-acretriangularpropertyoffPalomarStreetto thesouthwestofthesite.Pedestrianaccesstothemainparkfromthislocationwould requireinstallationofanewpedestrianbridgetospantheexistingfloodcontrolchannel.
Otherpossiblevehicularandpedestrianaccesspointstothemainparksiteareviathe residentialstreetsofGiersonAvenueandBillieAnnRoad.TheGiersonAvenuelocation seemsthemostappropriateaccesssinceitisclosertotheexistinggradeofthepark.It alsoappearstobedesignedforafutureconnectiontoComoStreettothewest.
ConnectingvehicularandpedestrianaccesstoBillieAnnRoadwillrequiremoregrading tomakethetransitiondowntotheexistingparkgrades.
ARCHtTERRADESPGNGROUP.COM
10221-ATRADEMARKSTREETRANCHOCuCAMONGACA91730PHONE(909)484-2800EM(909)484-2802 CA#2834.AZ#29115.NV#446,OR#841NM,#538
175
CityotWildomar
20-acrePassivePark
Page2of10
PerourdiscussionswiththeCityofWildomar,theparkimprovementsareenvisionedto bephased,However,ourconceptualdesignplanswilladdresstheultimate developmentoftheentireproperty.TheresultwillbeaConceptualLandscapeMaster Planforuseinpreparingconstructiondocumentpackages.
Phase1constructiondocumentswillincludesiteaccessoffGiersonStreet,security fencing,gates,waterandelectricalservices,securitylightingatparkingarea,basictrail system,temporaryrestroom(portapotties),minorplanting,anddripirrigationsystem.
Phase2constructiondocumentswillcompletetheapprovedparkimprovements.This mayincludeaccessoffPalomarStreetwithaparkinglot,permanentrestroom,and pedestrianbridgetothemainpark,completetrailsystem,shadeshelters,permanent restroomatGiersonStreetparkingarea,connectiontoBillieAnnRoad,additionalparking areas,frisbeegolfcourse,dogparkarea,exercisestations,picnictablesandbenches, drinkingfountains,butterflygarden,trees,shrubsandgroundcoverplanting,and completeirrigationsystem.Constructiondocumentpackageswillincludeallnecessary details,bookspecifications,andcostestimates.
Ourcivilengineer,Madole&Associates,willprovidethetopographicsurveyand mapping(OptionalforPhase1),gradinganddrainageplans,aSWPPPandWQMP documentifrequired,basedonthefinaldesign.Theywillalsoprovidethelegal descriptionandplatsforstreetright-off-wayimprovementsoffPalomarStreet,Gierson Avenue,andBillieAnnRoad.
Ourelectricalengineer,JCAEngineering,willprepareelectricalplansforelectrical servicestothesite,securitylighting,restroomlightingandirrigationcontrollerpower.
Securitycameraequipmentwillbebyothers.
Wewillvisitthesitetoreview,document,andevaluatetheexistingtrees,slopes,potential drainageandsafetyissuesanddesignopportunities.Theservicesofacertifiedarborist (SteveF.Andresen)fortreeevaluationisincluded(OptionalforPhase1).
ThesitecurrentlyutilizesrecycledwaterforexistingtreeirrigationfromtheAnneSullivan Preschoolpropertyandwillbeavailableforcontinueduseforupto12months.A separatewaterserviceandmeterwillberequiredforfutureirrigationoftheexistingtrees andlandscapeimprovements.
Duringthedesignprocess,wewillresearchandevaluatepossibleon-siteparkingareas, prefabricatedpedestrianbridgecrossingthefloodcontrolchannel,restroombuilding locations,andotherfeasibilityandaccessibilityconcerns.Weanticipatethataseparate constructionpackageforthepedestrianbridgewillneedtobepreparedandsubmitted forapprovalbyRCFCD.
WehaveincludedourproposedscheduletocompletetheConceptualDesignand Phase1constructionplans,specifications,andcostestimate,foradverlisingandaward tomeettheDecember29th,2023,constrictiondeadline.ThescheduleforPhase2 improvementswillbedeterminedlatertomeetthecompletiondateofJune29,2026.
SCOPEOFSERVICES
ADGagreestoperformprofessionalservicesfortheClientassetforthbelowfortheBasic Feeasindicated:
176
CfyofWildomar
20-acrePassivePark
Page3of10
A.ConceptualDesign:
1.ProjectKick-OffteammeetingwithClienttointroducetheteam,discussthe projectgoals,designdirection,andschedules.Obtainallrelevant information,plansanddocuments.
2.SiteVisit/FieldInventorytoreview,documentandevaluateexisting conditions,opportunities,andconstraints.
3.CoordinatetheservicesofacertifiedarboristtoprepareanExistingtree evaluationreport.ThisislistedasanOptionalserviceunderitemK.
4.ProgramDevelopmentofpotentialitemstobeincludedintheoverall designplan.
5.BaseSheetDevelopment.Basedonthetopographicsurveyorsitegoogle mapimages,prepareanoveralldesignbasesheetat1’=50’scaleon30” x42”sheetsize.
6.Preparationofinformalschematictissuedesignsketches.Two(2)proposed schematicdesignsolutionsoftheentiresiteforreviewandcommentby Citywillbeprepared.Designsketcheswillalsobeusedtodiscussinitial constructionbudgets.
7.Basedonthecitypreferencesoftheschematicdesigns,prepareone(1) ConceptualLandscapeMasterPlan(CLMP).Documentwillbecolor renderedwithlegendsofallproposedsiteelements,features,trees,shrubs.
8.Prepareanimageboardoftypicaldesignfeatureelements.
9.Preparationofbudgetaryestimateofprobableconstructioncostsbasedon theCLMP.
10.Client/designprogressreviewmeeting.(Twomeetingsincluded)
11.ProjectAdministration(Si-WeeklyStatusReportandProjectScheduling).
12.TelephoneConsultation.
B.ConstructionDocumentsforPhase1:
1.TitleSheetPreparation.
2.Aut0CADBaseSheetPreparation@1”=20’scale,on(24”x36”)sheet format,(7)sheetstotal.Basesheetswillbebasedonthetopographic surveyusingCitystandardengineeringsheetformatandtitleblock.
3.GradingcoordinationwithCivilEngineerforinitialgradingofsiteaccessoff GiersonStreetandlandscapeareas.GradingplansbyCivilEngineer.
4.UtilitycoordinationwithCivilEngineerforinitialwaterservicetositeoff GiersonStreet.UtilityplansbyCivilEngineer.
5.SiteClearingPlanpreparation.Basicsiteclearingofsurfacematerialand removalofdeadtreesand/ortreesconflictingwithaccesstothepark(1”= 20’scale).
177
CityofWildomar
20-acrePassivePark
Page4of10
6.ConstructionPlanPreparationforlayoutanddetailingofsiteaccessoff GiersonStreet,basictraillayout,perimetersecurityfencing,andtemporary restroom(1”=20scale).
7.ConstructionDetailPreparationfornewsiteelements.
8.CoordinationwithElectricalEngineerforsiteelectricalserviceandsecurity lightinglayout.
9.Plantingplansforadditionaltrees.
10.InitialIrrigationPlanPreparationforexistingandnewtreeplanting(1”=20’ scale).
1.InitialIrrigationDetailPreparation.
12.Construction,Planting,andIrrigationSpecifications.(bookform)
13.PreparationoffinalCostEstimate.
14.ProvideSoilsTestandSoilsManagementReport.
15.Material/FurnishingSelection.
16.PackageCoordination.
17.ClientProgressMeeting.(Twovirtualmeetingsincluded)
18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).
19.AgencyPlanCheckCorrections.
20.ProjectAdministration.
21.TelephoneConsultation.
C.CivilEngineeringServicesforPhase1—Madole&Associates:
1.Prepareatopographicsurveyofexistingfacilitieswithcontoursandspot elevations.Thesurveywillbebasedonaerialtopographysupplemented withgroundsurveydata.Preparefinalbasemappingfromsurveydata.This serviceislistedasanOptionalserviceunderitemK,butmayberequiredto completePhase1constructiondocuments.
2.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.
3.PrepareaPhase1StreetImprovementandGradingPlanforatemporary GiersanAvenueExtensionandonsiteparkingareaatnorthentrytopark.
4.PreparePhase1SWPPPanderosioncontroldocuments,ifneeded.
D.ElectricalEngineeringServicesforPhase1-JCA:
1.Electricalconstructiondocumentsreflectingnewmeteredservice,andnew areasecuritylighting.
2.Arealightingphotometricilluminationdrawings,ifneeded. 178
CityofWilciomar
20-acrePassivePark
Page5of10
3.Exteriortitle24energycalculations,ifneeded.
4.Constructionadministration,ifneeded.
E.BiddingAssistanceforPhase1:
1.Preparebidschedulewithlineitemsforclearing,grading,construction, irrigation,andplantingquantitytakeoffsandcosts.
2.Attendapre-bidmeeting.(1inperson).
3.Respondtobidder’srequestforinformation.
4.ReviewandevaluatecompletedbidscheduleswithClientandmake recommendationsinawardingconstructioncontract.
F.ConstructionAdministrationforPhase1:
1.Attendthepre-constructionmeetingandjob-sitemeetingsoverthecourse oftheconstructionschedule.(6visitstotal)
2.PreparationofsitereviewreportsforsubmittaltoClientforreview,and contractorforcorrection.(6reportstotal)
3.Review/approvesubmittalsandprovideresponsetocontractorsrequests forinformation(RFI)abouttheplansandspecificationsforwardedtothe ConsultantbytheCity.
4.Reviewsiteforcontractor’srequestforsubstantialcompletion.Prepare punchlistofitemsforcompletionand/orcorrection.
5.ProjectAdministration.
Phase2finalConstructionDocumentsscopeofservicesmayneedtobeadjustedprior tothestartofthisphase.BiddingandConstructionAdministrationforPhase2willbe providedlater.Itisanticipatedthatgeotechnicalandstructuralengineeringserviceswill beneededatthattimebasedonthefinalapprovedCLMP.ADSwillmeetwiththecity toreviewandfinalizethescopeofservicesandadjustasneededpriortoproceeding.
Thisscopeofservicesisbasedontheassumptionslistedintheprojectoverview.
G.ConstructionDocumentsforPhase2:
I.TitleSheetPreparation.
2.Aut0CADPhase2DesignDevelopmentBaseSheetPreparation©1”=20’ scale,on(24”x36”)sheetformat,(7)sheetstotal.
3.GradingcoordinationwithCivilEngineerforfinalgradingoflandscape areas.FinalgradingplansbyCivilEngineer.
4.ConstructionPlanPreparationforlayoutanddetailingofsiteaccessroads andtrails,on-siteparkingareas,prefabricatedrestrooms,shadeshelters, picnicareas,frisbeegolfcourse,drinkingfountains,dogparkarea(1”=20’ scale).
179
CityatWildomar
20-acrePassivePork
Page6ot10
5.CoordinatewithprefabricationCompaniesfortherestroombuildingsand shadestructures.
6.ConstructionDetailPreparationforallnewsiteelements.
7.CoordinationwithElectricalEngineerforaddedelectricalserviceand securitylightinglayout.
8.FinalIrrigationPlanPreparationforadditionallandscapedgardenareas(1” =20scale).
9.IrrigationDetailPreparation.
10.PlantingPlanPreparationincludingapossiblebutterflygardenanddrought tolerant/nativeplantingareas(1”=20scale).
11.PlantingDetailPreparation.
12.Construction,IrrigationandPlantingSpecifications.(bookform)
13.PreparationoffinalCostEstimate.
14.ProvideSoilsTestandSoilsManagementReport.
15.Material/FurnishingSelection.
16.PackageCoordination.
17.ClientProgressMeeting.(Twovirtualmeetingsincluded)
18.ProjectAdministration(PreparationofBi-WeeklyStatusReportandProject Scheduling).
19.AgencyPlanCheckCorrections.
20.ProjectAdministration.
21.TelephoneConsultation.
H.CivilEngineeringServicesforPhase2—Madole&Associates:
1.Coordinatewiththeaffectedutilitycompanieswithintheprojectlimitsas wellasadjacentAgenciesasnecessary.Citytoprovideaerialtopographic informationfor1/2-acreparceloffPalomarStreet.
2.PrepareStreetImprovementPlansforwideningandaccesstotheparkfrom PalomarStreet.
3.PrepareaGradingPlanfortheparkinglotareaoffPalomarStreetusingcity providedaerialtopographicinformation.
4.PrepareWaterandSewerUtilityServicePlansfromPalomarStreetfor restroombuilding.
5.PreparepossibleGiersonAvenueextensionstreetimprovementplans.
6.Prepareon-siteGradingPlansforpassivesiteimprovementsandpossible on-siteroadwayconnectiontoBillieAnnStreet,
7.PreparePhase2SWPPP,WQMP,anderosioncontroldocuments,ifneeded. 180
CityofWildomar
20-acrePassivePark
PagelofJO
I.PedestrianBridgeoverRCFCDChannelforPhase2(SeparatePackage):
1.Coordinatewithaprefabricationcompanyforthedevelopmentofaflood controlchannelpedestrianbridgecrossing.
2.PrepareTitlesheetandsitelocationplansforthenewpedestrianbridge usingCitystandardengineeringsheetformatandtitleblock(24”x36’).
3.PrepareConstructionDetailsandSpecificationsforthenewpedestrian bridge.(GeotechnicalandStructuralEngineeringnotincludedatthistime)
4.CoordinationwithRCFCDforpedestrianbridgecrossingatthefloodcontrol channel.(Madole).
J.ElectricalEngineeringServicesforPhase2-JCA:
1.ElectricalEngineeringPlansincludepreparingelectricalconstruction documentsreflectingelectricalservice,parkinglotlighting,securitylighting andpowerforrestrooms.
2.Arealightingphotometricilluminationdrawings,ifneeded.
3.Exteriortitle24energycalculations,ifneeded.
4.Electriccarchargerelectricalengineering,ifrequired.
5.Constructionadministration,ifneeded.
K.OptionalServicesforPhase1:
1.ResearchparcelmapsandprovideTopographicAerialandGroundSurvey at1’contourstoestablishprojectareapropertylines,channel,and centerline,rightofwayofsurroundingstreets(GiersonAvenue,BillieAnn Street)andfinishinAutoCADformatforbasepreparation.(Madole)
2.ProvideonsiteinspectionofexistingtreesandprovideanArboristReport givingageneraloverviewastotheircurrenthealthandconditionusing guidelinessetforthbytheInternationalSocietyofArboricultureandtheCity ofWildomar.(SteveF.Andresen)
DuringProjectsitevisitsADSwillgenerallyreviewtheprogressofconstructionandtosee oftheworkcompletedisgenerallyconsistentwiththeintentofADG’sConstruction Documents.AlthoughADGmayobserveandidentifypotentialproblems,thesevisitsare notconstructioninspectionsoraguaranteethattherewillnotbeconstruction deficiencies.
IftheScopeoftheProjectasoutlinedaboveischangedmaterially,theBasicFeeshall bechangedinthesameproportion.
FEESANDTERMS
Servicesdescribedaboveshallbeprovidedforinaccordancewiththetermsand conditionsinAppendixAattachedheretoandwhichisincorporatedandmadeapart ofthisAgreementbyreference.WeestimatethefollowingfeebreakdownbyPhase:
181
CilyofWildomar
20-acrePassivePark
Page8ofID
A.ConceptualDesign:$22,175.00
B.ConstructionDocuments—Ph.1-ADG:$38,200.00
C.CivilEngineering—Ph.1—Madole:
•UtilityCoordination:$4,800.00
•StreetImprovementPlanGierson:$15,575.00
•SWPPP&ErosionControl:$4,550.00
D.ElectricalEngineeringCDs—Ph.1—JCA:$9,700.00
•PhotometricPlan:$650.00
•ExteriorTitle24:$650.00
•ConstructionAdministration:$1,000.00
E.BiddingAssistance—Ph.1$1,825.00
F.ConstructionAdministration—Ph.1$6,200.00
ProfessionalFeeforPhase1Total:$105,925.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$107,925.00
G.ConstructionDocuments—Ph.2-ADG:$82,800.00
H.CivilEngineering—Ph.2—Madole:
•StreetImprovementPlanPalomarStreet:$12,175.00
•GradingPlanPalomarStreet:$13,400.00
•Water&SewerUtilityPlansPalomarSt.:$10,525.00
•StreetImprovementPlanGiersan:$8,525.00
•GradingPlan&ConnectionBillieAnn:$34,650.00
•SWPPP&ErosionControlPlans:$4,500.00
•WQMP:$7,700.00
PedestrianBridge—Ph.2:$17,125.00
J.ElectricalEngineeringCD5—Ph.2—JCA:$24,700.00
•PhotometricPlan:$850.00
•ExteriorTitle24:$950.00
•ElectricCarCharger:$1,800.00
•ConstructionAdministration:$2,000.00
ProfessionalFeeforPhase2Total:$221,700.00
EstimatedReimbursableExpenseAllowance$2,000.00
EstimatedFeeTotal:$223,700.00
K.Phase1AdditionalOptionalItems
OptionalTopographicsurveyandbasemapping:$18,035.00
OptionalCertifiedArboristservices:$1,300.00
GENERALWORKPROGRAMANDTIMETABLE
ArchiterraDesignGrouphasincludedapreliminaryscheduleforcompletionofthis projectafterreceiptofNoticetoProceed.SeePreliminarySchedulepage.ADGshall renderitsservicesasexpeditiouslyasisconsistentwithprofessionalskillandcare.ADG 182
CityofWildomar
20-acrePassivePark
Page9at10
shallnotberesponsiblefordelaysthatmayoccurduetocausesbeyondADG’s reasonablecontrol.
DESIGNAPPROVAL
Mr.JasonFaragisdesignatedasthepersonresponsiblefordesigndirectiontoADSfor thisprojectandhastheauthorityfordesignapproval.Intheeventthatthedesign,as approvedbyMr.Faragisrejectedbyothers,andredesignisrequired,suchredesignshall becompensatedasanAdditionalService.
DESIGNALTERNATIVES
ADSwilllimitthenumberofdesignalternativesprovidedunderthiscontracttotwo,upon whichtimethedesignwillbeconsideredComplete.
MEETINGSANDSITEVISITS
ThisAgreementincludesProfessionalServicetimeforuptofivemeetingsforcoordination withClient,andupto6sitevisit/constructionobservationmeetings(Phase1only), scheduledapproximatelyasfollows:
Pre-constructionMeeting1
Irrigation
Planting1
ApprovaltoBeginMaintenancePeriod1
AcceptancetoMaintenancePeriod1
PunchListCompletion1
Total6
AdditionalmeetingsshallbebilledasAdditionalServices.Travelexpensesshallbebilled asReimbursableExpenses.
OWNER’S/ARCHITECT’SRESPONSIBILITY
Clientshallprovidethefollowinginformation,documents,orservicesasrequiredfor performanceofthework.ADSisentitledtorelyupontheaccuracyandcompleteness ofsuchinformation,documents,andservices,andshallnotbeliableforerrorsor omissionstherein.ShouldADSberequiredtoprovideservicesinobtainingor coordinatingcompilationofanysuchinformation,drawings,orservicesshallbecharged asAdditionalServices.
1.Existingsiteengineeringandutilitybaseinformation.
2.EngineeringotherthanthatprovidedwithintheScopeofServices.
3.Agencyprocessingofcompletedplans.
4.Arborist’sReportifrequired.
183
CityofWildomar
20-acrePassivePark
Page10of10
WewouldbepleasedtoansweranyquestionsyoumayhavetoClarifythevariouspoints above.Iftheproposalmeetswithyourapproval,pleasesignbelowwhereindicated andreturnonecopyforourfiles.Ilookforwardtoworkingwithyouonthisproject.
SincerelyYours,
ArchiterraDesignGroup,
President,CARLA#2834
Accepted:CityofWildomar
By:
Title:
Date:
Rici
184
Activity Name Start DateFinish Date
Jun 23 Jul 23 Aug 23 Sept 23 Oct 23 Nov 23Dec 23
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
41118252916233061320273101724181522295121926310
CONCEPTUAL DESIGN 6/7/237/7/23
PROJECT KICK OFF MEETING6/7/236/7/23
SITE VISIT & FIELD INVENTORY6/7/236/12/23
PROJECT SCHEDULE
ARCHITERRA ACTIVITY
CONSULTANT ACTIVITY
AGENCY ACTIVITY
MEETING
SUBMITTAL
PROGRAM DEVELOPMENT6/7/236/12/23
BASE SHEET DEVELOPMENT DESIGN - 1 @ 50 SCALE 6/7/236/12/23 INFORMAL DESIGN TISSUE PLANS (2)6/12/236/19/23
PREPARE CLMP 6/26/237/7/23
PREPARE IMAGE BOARD6/26/237/7/23
PRELIMINARY COST ESTIMATE6/26/237/7/23
MEET WITH CLIENT (2 MEETINGS)6/19/237/7/236/19/23
6/19/237/7/236/27/23
PROJECT ADMINISTRATION6/8/236/27/23
TELEPHONE CONSULTATION6/9/236/27/23
CONSTRUCTION DOCUMENT - PHASE 16/26/238/11/23
PROJECT TITLE SHEET 7/7/237/13/23
CAD BASE SHEETS - 7 @ 20 SCALE7/10/237/13/23
GRADING & DRAINAGE PLAN COORDINATION6/26/237/26/23
SITE CLEARING PLANS 7/13/237/19/23
CONSTRUCTION PLANS 7/17/237/26/23
CONSTRUCTION DETAILS7/20/237/26/23
COORDINATION WITH ELECTRICAL ENGINEER6/26/237/26/23
IRRIGATION PLANS 7/17/237/26/23
IRRIGATION DETAILS 7/17/237/26/23
CONTROLLER CHARTS 7/17/237/26/23
PLANTING PLANS 7/17/237/27/23
PLANTING DETAILS 7/17/237/26/23
SPECIFICATIONS 7/17/237/27/23
COST ESTIMATE 7/17/237/27/23
SOILS TESTING 6/26/237/14/23
MATERIAL SELECTION 7/17/237/28/23
PACKAGE COORDINATION7/10/237/28/23
MEET WITH CLIENT (2) 7/27/237/28/237/27/238/4/23
PLAN CHECKING 7/24/238/4/23
PLAN CHECK CORRECTIONS8/4/238/11/23
PROJECT ADMINISTRATION6/26/238/11/23
TELEPHONE COORDINATION6/26/238/11/23
UTILITY RESEARCH 6/26/237/7/23
CIVIL ENGINEERING - PHASE 16/12/237/28/23
UTILITY COORDINATION6/12/237/3/23
PHASE 1 STREET IMPROVEMENT PLAN - GIERSON 6/26/237/28/23 PHASE 1 SWPPP AND EROSION CONTROL PLANS7/10/237/28/23
ELECTRICAL ENGINEERING - PHASE 16/12/237/28/23
PHASE 1 ELECTRICAL SERVICE AND PLANS6/12/237/28/23
BIDDING & AWARD - PHASE 18/7/239/1/23
BID FORM PREPARATION8/7/238/11/23
ATTEND PRE-BID MEETING ON SITE8/22/238/22/23
RESPOND TO BIDDER RFI8/14/239/1/23
REVIEW BIDS 9/1/239/1/23
CONSTRUCTION OBSERVATION - PHASE 19/11/2311/22/23
SITE MEETINGS (6) 9/13/239/26/2310/10/2310/24/2311/7/2311/21/23 9/13/239/26/2310/10/2310/24/2311/7/2311/21/23
OBSERVATION REPORTS (6)9/11/2311/21/23
REVIEW SUBMITTALS & RESPOND TO RFI9/11/2311/7/23
REVIEW FOR SUBSTANCIAL COMPLETION11/6/2311/22/23
ADMINISTRATION 9/11/2311/22/23
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
PRELIMINARY SCHEDULE OF WORK20 ARCE PARKWILDOMAR, CA
185
B-1
EXHIBIT "B"
COMPENSATION
I
. Service Provider shall use the following rates of pay in the performance of the Services:
A.
Per the “Scope of Services”
I
I. Service Provider may utilize sub -contractors as indicated in this Agreement.
The rate for any subcontractor shall be per the “Scope of Services”.
I
V. The total compensation for the Services shall not exceed $245,035, as provided in Section 4 “Compensation and Method of Payment” of this Agreement.
RIV #4821-1277-4564 v1
186
Ex
hibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
RIV #4821-1277-4564 v1
187
Other Insurance Provisions
The insurance policies ar e to contain, or be endorsed to contain, t he following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider ’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider , its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense ex
penses within the retention. The
RIV #4821-1277-4564 v1
188
policy language shall provide, or b e endorsed to pr ovide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Ser vice Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirement s stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City
reserves t he right t o modify t hese requirements, i ncluding l imits, bas ed o n the nature of the risk, prior experience, insurer, cov erage, or other special circumstances.
RIV #4821-1277-4564 v1
189
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.8
Meeting Date: August 14, 2024
SUBJECT:
Annexation No. 12 into Community Facilities District No. 2022-1 (Services) for Oak Springs Ranch II (PP 20-0044)
SUBMITTED BY:
Jason Farag, Director of Public Works
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2024 - _____
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. 12) AND AUTHORIZING
THE LEVY OF SPECIAL TAXES THEREIN
SUMMARY:
The resolution of intention will begin the proceedings for the annexation of Oak Springs Ranch II into the Community Facilities District No. 2022-1 for Maintenance Services and will authorize the levying of special taxes on parcels of the taxable property to cover the costs associated with the maintenance of public improvements.
BACKGROUND:
On June 8, 2022 the City Council adopted Resolution No. 2022-30 establishing Community Facilities District No. 2022-1 (Services) of the City of Wildomar (the "CFD No. 2022-1" or "District") and authorizing the levying of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed upon the City.
OSR2 R&V Investors, LLC and TMW Oak Springs 2 Del, LLC are the owners/developers of PP 20-0044, also known as Oak Springs Ranch II which is an apartment project located on the southwest corner of Inland Valley Dr. and Clinton Keith Rd., south of the existing Oak Springs Ranch apartments. The Project contains 12.89 gross acres within the City. The owners have requested that the City annex this territory into CFD No. 2022-1 (Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as street maintenance, drainage, parks, trails, and graffiti abatement.
The landowners have advised the City that they desire the area described in Exhibit A of the Resolution of Intention to be annexed into CFD No. 2022-1 and that a rate and method of 190
apportionment of special tax to be levied therein be established.
DISCUSSION:
The area proposed within Annexation No. 12 will encompass 12.89 acres to include 288 residential units, with a FY 2024-25 maximum annual tax of $469 per unit, per year. The property proposed to be annexed into CFD No. 2022-1 will be included in Tax Zone 12. This tax rate includes a Maximum Special Tax A of $133 per residential unit per year for maintenance services of public facilities, and a Maximum Special Tax B of $336.26 per residential unit per year for safety. These tax rates are proposed to escalate each year.
Maximum Special Tax A will increase by the greater of Consumer Price Index (CPI) or 2% and Special Tax B will increase by the greater of CPI or 5%, both not to exceed 6%. OSR2 R&V Investors, LLC and TMW Oak Springs 2 Del, LLC have agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2022-1 (Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to conduct the election.
The next step to annex the property to CFD No. 2022-1 is to publish a notice of public hearing of the proposed annexation as required by the Mello-Roos Act. A public hearing on the matter will take place on October 9, 2024, and at that time the Council will formally consider approval of Annexation No. 12.
FISCAL IMPACT:
The projected levy for FY 2024-25 is $38,185 for the first year of Special Tax A maintenance services. Special Tax B Tax Zone 12 will generate $96,844 once all 288 units are developed.
These levies are intended to offset the City’s future costs to maintain project related public improvements. Costs associated with the processing of this annexation are covered by developer fees and deposits. There is no impact to the General Fund.
ATTACHMENTS:
Resolution of Intention Annexation 12
1 - Exhibits A - G
2 - Project Map Annexation 12
3 - CFD Maintenance Exhibit
191
RESOLUTION NO. 2024 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WILDOMAR, CALIFORNIA, DECLARING ITS
INTENTION TO ANNEX TERRITORY INTO
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(SERVICES) OF THE CITY OF WILDOMAR, ADOPTING
A MAP OF THE AREA PROPOSED TO BE ANNEXED
(ANNEXATION NO. 12) AND AUTHORIZING THE LEVY
OF SPECIAL TAXES THEREIN
WHEREAS, on June 8, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) approved Resolution No. 2022-30 establishing Community Facilities District No. 2022-1 (Services) ("CFD No. 2022-1"), of the City of Wildomar, County of Riverside, State of California, for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the City Council has received a written instrument from the landowner to initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities District Act of 1982 (the “Act”), to annex territory into CFD No. 2022-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice and word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Council has been advised that the landowner has requested that the area described and shown in Exhibit A be annexed into the boundaries of CFD No. 2022-1, that a rate and method of apportionment of special tax to be levied therein be established.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WILDOMAR, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) OF THE CITY OF WILDOMAR, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 of the Act for the annexation to CFD No. 2022-1 of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed into CFD No. 2022-1.
Section 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2022-1 (Services).”
192
Section 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed is included within the boundaries within which property may annex to CFD No. 2022-1 and is more particularly described and shown on that certain map entitled “Proposed Boundary Map Community Facilities District No. 2022-1 of the City of Wildomar (Services) of the City of Wildomar, County of Riverside, State of California” as recorded on April 19, 2022 in Book 88 of Maps of Assessment and Community Facilities District, Pages 77, and as Instrument No. 2022- 0183915 in the official records of the County of Riverside. The territory proposed to be annexed to CFD No. 2022-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Proposed Annexation Map No. 12, Community Facilities District No. 2022-1 (Services), City of Wildomar, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2022-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “administrative expenses,” which include costs associated with the creation of CFD No. 2022-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2022-1. The Services authorized to be financed by CFD No. 2022-1 are in addition to those currently provided in the territory of CFD No. 2022-1 and do not supplant services already available within that territory.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including administrative expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2022-1, will be levied annually within CFD No. 2022-1. The rate and method of apportionment, and manner of collection of the special taxare specified in Exhibit C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map attached hereto as Exhibit D as the map of the area proposed to be annexed to CFD No. 2022-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 6:00 p.m., or as soon thereafter as practicable, on Wednesday, October 9, 2024, in the City Council Chambers located at 23873 Clinton Keith Rd., Wildomar, California 92595, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to CFD No. 2022-1.
Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2022-1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall 193
contain the information prescribed by Section 53322 of the Act.
Section 9. Mailing Ballots. In anticipation of its action on Wednesday, October 9, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2022-1 a ballot, the full text of which shall be as set forth in Exhibit G hereto and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
PASSED, APPROVED, AND ADOPTED this 14th day of August 2024.
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales
City Attorney City Clerk
194
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
195
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Wildomar Community Facilities District No. 2022-1 (Services) (the “CFD No. 2022-1”) Annexation No. 12, is currently comprised of one (1) parcel located within the city boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).
APN Owner Name
380-250-038 OSR2 R&V INVESTORS, LLC & TMW OAK SPRINGS 2 DEL, LLC
196
City of Wildom
ar 17
Community Facilities District No. 2022‐1 (Services)
EXHIBIT B
DESCRIPTION OF SERVICES
197
CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be financed with proceeds of the special tax of CFD No. 2022-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. In addition, the services which may include some or all costs attributable to police protection, and fire services. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channel s, fossil fuel filters, and similar facilities.
Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2022-1; as well as local roads within residential subdivisions located within CFD No. 2022-1; and any portions adjacent to the properties within CFD No. 2022-1; and
(d) police protection services, including but not limited to criminal justice services, and fire protection and suppression services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2022-1 or for the benefit of the properties within the boundaries of CFD No. 2022-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022-1 before CFD No. 2022-1 was created. 198
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
199
City of Wildomar 1
Community Facilities District No. 2022‐1 (Services)
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022‐1 (SERVICES)
OF THE CITY OF WILDOMAR
Special Taxes (defined below) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2022‐1 (Services) of the City of Wildomar (the “CFD No. 2022‐1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2022, in an amount determined by the City Council of the City of Wildomar, acting ex officio as the legislative body of CFD No. 2022‐1, by applying the rates and method of apportionment set forth below.
All of the real property in CFD No. 2022‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand‐alone Residential Unit.
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2022‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2022‐1, or any designee thereof associated with fulfilling the CFD No. 2022‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.
Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022‐ 1 for any other administrative purposes of CFD No. 2022‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of Wildomar, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special Tax is being levied
and for which no building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by
the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
"Building Permit" means the first legal document issued by the City giving official permission for new 200
City of Wildomar 2
Community Facilities District No. 2022‐1 (Services)
construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.
"Calendar Year" means the period commencing January 1 of any year and ending the following December
31. “CFD” or “CFD No. 2022‐1” means Community Facilities District No. 2022‐1 (Services) of the City of Wildomar.
“City” means the City of Wildomar.
“Contingent Services” means
services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(3) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1
st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 6624 that creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1 st of any year to and including the following June
30th.
“Land Use Category” or “LUC” means, any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means the Maximum Special Tax A, Maximum Special Tax B, and/or Maximum Special Tax C (Contingent), as applicable.
201
City of Wildomar 3
Community Facilities District No. 2022‐1 (Services)
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022‐1.
“Maximum Special Tax B” means the Maximum Special Tax B, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022‐1.
“Maximum Special Tax C (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum
Special Tax C (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Multi‐Family Residential Property” or “MFR” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management.
“Non‐Residential Property” or “NR” means, all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential
Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain services within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.
“RMA" means this Rate and Method of Apportionment of Special Taxes.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022‐1 as set forth in the documents
adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” or “SFR” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public.
“Special Tax(es)” means the Special Tax A and/or
Special Tax B and/or Special Tax C (Contingent) to be
levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. 202
City of Wildomar 4
Community Facilities District No. 2022‐1 (Services)
"Special Tax A Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022‐1 in the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for bonds or other forms of indebtedness.
“Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement.
"Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022‐1 in the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for bonds or other forms of indebtedness.
“Special Tax C (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required.
“Special Tax C (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the Administrator. Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds or other forms of indebtedness..
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022‐1, which are not Exempt Property.
“Taxable Unit” means
a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax.
"Tax Zone Original" means the geographic area the specific area identified on the CFD Boundary Map as
Tax Zone Original.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2022‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property 203
City of Wildomar 5
Community Facilities District No. 2022‐1 (Services)
and Approved Property shall be classified as either Residential Property or Non‐Residential Property.
Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A and Special Tax C (Contingent) levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A, Special Tax B, and Special Tax C (Contingent) levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐1, Appendix A to this RMA shall be updated to reflect the Maximum Special Tax A for Developed Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Developed Property for such Tract or Tracts as specified in such updated Appendix A for the annexed property which shall reflect the Maximum Special Tax for the Tract or Tracts annexed. The Maximum Special Tax A for Fiscal Year 2022‐2023 for a Residential Unit of Developed Property within the Tax Zone Original are identified in Table 1 below:
204
City of Wildomar 6
Community Facilities District No. 2022‐1 (Services)
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
FISCAL YEAR 2022‐2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi‐Family Residential Property RU $408
Non‐Residential Property Acre $5,267
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property in Table 2 is specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐1, the Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax A for Approved Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022‐2023 per Residential Unit for Approved Property within Tax Zone Original is identified in Table 2 below:
205
City of Wildomar 7
Community Facilities District No. 2022‐1 (Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
FISCAL YEAR 2022‐2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi‐Family Residential Property RU $408
Non‐Residential Property Acre $5,267
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐1, Appendix A to this rate and method adopted shall be updated to reflect the Maximum Special Tax A for Undeveloped Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Undeveloped Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022‐2023 per acre of Undeveloped Property within Tax Zone Original is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
FISCAL YEAR 2022‐2023
Tax Zone Tracts Taxable Unit Maximum Special Tax A
Original TR 36672 Acre $5,267
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B
The Special Tax B is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax B Requirement.
a. Developed Property
(i) Maximum Special Tax B
206
City of Wildomar 8
Community Facilities District No. 2022‐1 (Services)
The Maximum Special Tax B for Fiscal Year 2022‐2023 for each Land Use Category within Tax Zone Original is shown in Table 4. When additional property is annexed into CFD No. 2022‐1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax B for the Tract or Tracts annexed and the Special Tax B shall be levied up to the Maximum Special Tax B for Developed Property for such Tract or Tracts as specified in such updated Appendix A.
TABLE 4
MAXIMUM SPECIAL TAX B RATES
DEVELOPED PROPERTY
FISCAL YEAR 2022‐2023
Land Use Category Unit Maximum Special Tax B
Single Family Residential Property RU $430
Multi‐Family Residential Property RU $305
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.
The Special Tax B shall not be levied on Approved or Undeveloped Property.
3. Special Tax C (Contingent)
The City Council shall levy Special Tax C (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Taxable Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐ 1, Appendix A to this rate and method shall be updated to reflect Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Developed Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022‐2023 within Tax Zone Original is identified in Table 5 below:
207
City of Wildomar 9
Community Facilities District No. 2022‐1 (Services)
TABLE 5
MAXIMUM SPECIAL TAX C (CONTINGENT) RATES
DEVELOPED PROPERTY
FISCAL YEAR 2022‐2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi‐Family Residential Property RU $261
Non‐Residential Property Acre $3,372
(ii) Increase in the Maximum Special Tax C (Contingent)
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐ 1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022‐2023 within Tax Zone Original is identified in Table 6 below:
208
City of Wildomar 10
Community Facilities District No. 2022‐1 (Services)
TABLE 6
MAXIMUM SPECIAL TAX C (CONTINGENT) RATES
APPROVED PROPERTY
FISCAL YEAR 2022‐2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi‐Family Residential Property RU $261
Non‐Residential Property Acre $3,372
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022‐1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Undeveloped Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022‐2023 within Tax Zone Original is identified in Table 7 below:
TABLE 7
MAXIMUM SPECIAL TAX C (CONTINGENT) RATES
UNDEVELOPED PROPERTY
FISCAL YEAR 2022‐2023
Tax Zone Tract Taxable Unit
Maximum Special
Tax C (Contingent)
Original TR 36672 Acre $3,372
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2022‐2023 and for each following Fiscal Year in which Special Tax A is authorized to be levied, the Council shall determine the Special Tax A Requirement and shall levy 209
City of Wildomar 11
Community Facilities District No. 2022‐1 (Services)
the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement. The Special Tax A shall be levied for each Fiscal Year within each Tax Zone as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B
Commencing with Fiscal Year 2022‐2023 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levy the Special Tax B until the aggregate amount of Special Tax B equals the Special Tax B Requirement.
The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement.
3. Special Tax C (Contingent)
Commencing with the first Fiscal Year in which Special Tax C (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax C (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement for such Tax Zone. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property.
210
City of Wildomar 12
Community Facilities District No. 2022‐1 (Services)
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2022‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services.
Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2022‐1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2022‐1, is an Exempt Property.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax(es) that is disputed. A representative(s) of CFD No. 2022 ‐1 shall promptly review the
appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax(es) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
211
City of Wildomar 13
Community Facilities District No. 2022‐1 (Services)
APPENDIX A
CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022‐1 (SERVICES)
COST ESTIMATE
Special Tax A Services – The estimate breaks down the costs of providing one year’s maintenance services for FY 2024‐2025. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2022‐1 (Services).
TAX ZONE 12 – SPECIAL TAX A
PP 20‐0044
Item Description Estimated Cost
1 Streets $1,389
2 Drainage $315
3 Parks $26,382
4 Trails $675
5 Graffiti $614
6 Reserves $4,255
7 Admin $4,556
Total $38,185
Special Tax B Services – It is estimated that the cost of providing Police and Fire Protection services being funded by Special Tax B for the Community Facilities District No. 2022‐1 (Services) as outlined in Exhibit “B” hereto, will be as follows for the first year:
TAX ZONE 12 – SPECIAL TAX B
PP 20‐0044
Land Use Category Unit Maximum Special Tax B
Multi‐Family Residential Property RU $336.26
Special Tax C (Contingent) Services – There are no maintenance services proposed to be funded by the levy of Special Tax C (Contingent) for Community Facilities District No. 2017‐1 Tax Zone 12.
212
City of Wildomar 14
Community Facilities District No. 2022‐1 (Services)
TAX ZONE 12
PP 20‐0044
FY 2024‐2025 MAXIMUM SPECIAL TAX RATES
Taxable
Property
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Maximum
Special Tax C
(Contingent)
Developed Property Multi‐Family Residential RU $133 $336.26 $0 Approved Property Multi‐Family Residential RU $133 N/A $0 Undeveloped Property N/A Acre $2,962 N/A $0
213
City of Wildomar 15
Community Facilities District No. 2022‐1 (Services)
MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE
FOR DEVELOPED PROPERTY
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units LUC
Taxable
Unit
Maximum
Special
Tax A
Maximum
Special
Tax B
Maximum
Special Tax C
(Contingent) Subdivider
Original 2022‐23 TR 36672 136 SFR RU $408 $430 $261 Lennar Homes 1 2022‐23 PP 13‐0089 170 MFR RU $203 $305 $0
Villa Siena Property
LLC
2 2022‐23 TR 37476 77 SFR RU $583 $430 $262 KB Home Coastal Inc. 3 To Be Determined
4 2023‐24 PM 37941 9.62 NR Acre $4,060 $0 $0
Strata Baxter, LLC and
Kaiser Foundation
Health Plan, Inc.
5 2023‐24 TR 31896 117 SFR RU $788 $451.50 $503 D.R. Horton Los Angeles Holding Co.
6 2023‐24 LLA 2022‐004 89 MFR RU $153 $320.25 $0 Wildomar Tres Lagos Partners LP
7 2023‐24 TR
36781/36782 191 SFR RU $267 $451.50 $46 CPR/CWR Westpark Project, LLC
8 2023‐24 LLA 2022‐004 88 MFR RU $153 $320.25 $0 Palm Communities 9 2023‐24 PP 21‐0138 1.15 NR Acre $2,700 $0 $2,372 DMSD Cajun Properties LLC
10 2023‐24 LLA 2020‐008 20.20 NR Acre $5,067 $0 $8,742 Faith Bible Church Murrieta
11 2024‐25 PM 38646 20.46 NR Acre $2,299 $2,069 $0 White Sable LLC and Wildomar One LLC
12 2024‐25 PP 20‐0044 288 MFR RU $133 $336.26 $0 OSR2 R&V Investors,
LLC and TMW Oak
Springs 2 Del, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
Maximum Special Tax A ‐ On each July 1, the Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
Maximum Special Tax B ‐ On each July 1, the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.
Maximum Special Tax C (Contingent) ‐ On each July 1, the Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside‐San Bernardino‐Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
214
City of Wildomar 16
Community Facilities District No. 2022‐1 (Services)
EXHIBIT B
CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022‐1 (SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be financed with proceeds of the special tax of CFD No. 2022‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐ of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. In addition, the services which may include some or all costs attributable to police protection, and fire services. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2022‐1; as well as local roads within residential subdivisions located within CFD No. 2022‐1; and any portions adjacent to the properties within CFD No. 2022‐1; and
(d) police protection services, including but not limited to criminal justice services, and fire protection and suppression services.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2022‐1 or for the benefit of the properties within
the boundaries of CFD No. 2022‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022‐1 before CFD No. 2022‐1 was created.
215
City of Wildo
mar 17
Community Facilities District No. 2022‐1 (Services)
EXHIBIT D
CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022‐1 (SERVICES)
PROPOSED BOUNDARIES
216
OAK SPRINGS RD
I-15
CLIN
TON KEITH RD
WILDOMAR TRL
INLAND VALLEY DR
§¨¦15
380-250-038
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(SERVICES)
OF THE CITY OF WILDOMAR,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
SHEET 1 OF 1 SHEET
^_
CFD 2022-1
TAX ZONE 12
§¨¦15
WILDOMAR
0 600 1,200 300 Feet
PROPOSED ANNEXATION MAP NO. 12
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE ANNEXED
TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE
OF CALIFORNIA.
THE BOUNDARIES OF WHICH COMMUNITY FACILITIES DISTRICT
ARE SHOWN AND DESCRIBED ON THE MAP THEREOF WHICH
WAS PREVIOUSLY RECORDED ON APRIL 19, 2022, IN BOOK 88
OF MAPS OF ASSESSMENT AND COMMUNITY FACILITY DISTRICTS
AT PAGE 77 AND AS INSTRUMENT NO. 2022-0183915
IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF
RIVERSIDE, ST A TE OF CALIFORNIA.
I HEREBY CERTIFY THAT THE WITHIN MAP OR AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1
(SERVICES) OF THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL
OF THE CITY OF WILDOMAR AT A REGULAR MEETING THEREOF,
HELD ON ______ DAY OF ______, 20___,
BY RESOLUTION NO. _______________
___________________________________
CITY CLERK
C I T Y O F WI L D O M A R
RECORDED THIS ____ DAY OF _______________, 20____AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____ PAGE
_____ OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
FEE: _____________ NO.: ______________________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
BY: _______________________________
DE PUT Y
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF
WILDOMAR, THIS ____ DAY OF ________, 20____.
______________________________
CITY CLERK
CITY OF WILDOMAR
-
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2024-25.
XXX-XXX-XXX ASSESSOR PARCEL NUMBER
12 TAX ZONE
LEGEND
CITY BOUNDARY
CFD BOUNDARY
PARCEL LINE
CITY BOUNDARY
12 217
EXHIBIT E
WAIVER AND CONSENT RESPECTING CONDUCT OF
MAILED BALLOT, LANDOWNER ELECTION
218
219
220
EXHIBIT F
NOTICE OF PUBLIC HEARING
221
NOTICE OF PUBLIC HEARING ON RESOLUTION OF INTENTION TO ANNEX
TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT
(ANNEXATION NO. 12)
NOTICE IS HEREBY GIVEN that the City Council of the City of Wildomar on August 14, 2024 adopted its Resolution No. 2024-__, in which it declared its intention to annex territory to existing Community Facilities District No. 20 22-1 (Services) (the "CFD No. 2022- 1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax.
No change in the tax levied in the existing CFD No. 2022-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 6:00 p.m., or as soon thereafter as practicable, Wednesday, October 9, 2024 in the City Council Chambers located at 23873 Clinton Keith Rd., Wildomar, California 92595, as the time and place when and where the City Council will conduct a public hearing on the establishment of CFD No. 2022-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard.
DATED: ____________, 20___ _________________________________________ City Clerk of the City of Wildomar
222
EXHIBIT G
SPECIAL ELECTION BALLOT
223
SPECIAL TAX ELECTION
CITY OF WILDOMAR
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
(October 9, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 12 of the Community Facilities District No. 2022-1 (Services) (“CFD No. 2022-1”) of the City of Wildomar:
Name of Landowner Number of Acres Owned Total Votes
OSR2 R&V Investors, LLC 10.31 11
According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above -named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 20 22-1, City of Wildomar, County of Riverside, State of California.
Please advise the City Clerk, at (951) 677-7751 x 210 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 25, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on October 9, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 9, 2024.
Very truly yours,
Janet Morales
City Clerk
City of Wildomar
224
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
OSR2 R&V Investors, LLC
Attn: Scott Dale
9191 Towne Center Drive, #180
San Diego, CA 92122
380-250-038
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
MARK AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rate s set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Multi- Family Residential RU $133 $336
plus an annual increase on each July 1, commencing on July 1, 2025 Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fical Year or ii) by five percent (5.0%), whichever is greater, both not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 12 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including streets, drainage, parks, trails, and graffiti for Special Tax A and police and fire protection services for Special Tax B as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of Wildomar on August 14, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected?
YES
NO
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________________________, 20___________.
OSR2 R&V Investors, LLC
Scott Dale
President
Signature
Print Name
Title
225
SPECIAL TAX ELECTION
CITY OF WILDOMAR
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
(October 9, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 12 of the Community Facilities District No. 2022-1 (Services) (“CFD No. 2022-1”) of the City of Wildomar:
Name of Landowner Number of Acres Owned Total Votes
TMW Oak Springs 2 Del, LLC 2.58 3
According to the provisions of the Mello -Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above -named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 20 22-1, City of Wildomar, County of Riverside, State of California.
Please advise the City Clerk, at (951) 677-7751 x 210 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 25, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on October 9, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 9, 2024.
Very truly yours,
Janet Morales
City Clerk
City of Wildomar
226
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
TMW Oak Springs 2 Del, LLC
Attn: Scott Dale
9191 Towne Center Drive, #180
San Diego, CA 92122
380-250-038
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
MARK AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:
Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rate s set forth in the following table:
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Multi- Family Residential RU $133 $336
plus an annual increase on each July 1, commencing on July 1, 2025 Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fical Year or ii) by five percent (5.0%), whichever is greater, both not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 12 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including streets, drainage, parks, trails, and graffiti for Special Tax A and police and fire protection services for Special Tax B as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of Wildomar on August 14, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected?
YES
NO
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________________________, 20___________.
TMW Oak Springs 2 Del, LLC
Scott Dale
President
Signature
Print Name
Title
227
CLINTON KEIT H RDIODINE
SPRINGS
RD
HIDDEN
SPRINGS
RD
INLAND
VALLEY
DR
§¨¦15
^_
LA EST R ELLA ST
CATT RD
CLINTON
KEITH R D
JACKSONAVE
LINCOLN AVE
WALNUT ST
GRUWELL
ST
GRAND
AVE
FREDERICK
ST
BILLIEANNRD
PALOMAR
ST
LORING RD
ROSI TA DR
WESLEY ST
EMPIRE PEAK LN
GROVE ST
BONNIE DR
SUSAN ST
KILARNEY LN
YAMAS DR
§¨¦15
CFD NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
PROJECT MAP
228
OAK SPRINGS RANCH II
(OWNER MAINTAINED)
PUBLIC RIGHT OF WAY FRONTAGE
(CFD MAINTAINED)
198 LF PVC WHITE FENCE
3,410 SF CONCRETE
SIDEWALK AND DRIVEWAY
APRON
3,665 SF OF DG WALKING TRAIL
VICINITY MAP
ENLARGED AREA
OSR II
311'-0"
7,660 SF HALF-WIDTH ROAD
FOR PAVEMENT
MANAGEMENT
INLAND VALLEY DRIVE
0'
OAK SPRINGS RANCH II
CFD MAINTENANCE SITE PLAN EXHIBIT
DATE: 6/5/2024
SCALE: 1" = 50'-0"
N
25'
50'
PUBLIC CATCH BASIN
PUBLIC 18" CORRUGATED
METAL PIPE
229
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.9
Meeting Date: August 14, 2024
SUBJECT:
Tract No. 31896 (Avalino) - Vacation of Right-of-Way on Starbuck Circle (Project No. 22-0147)
SUBMITTED BY:
Jason Farag, Director of Public Works
PREPARED BY:
Ninette Eva, Associate Engineer
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2024 -______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,
SUMMARILY VACATING A PORTION OF STARBUCK CIRCLE, INCLUDING A
RESERVATION OF A PUBLIC UTILITY EASEMENT
SUMMARY:
The City will vacate a portion of the right-of-way on Starbuck Circle to allow the Developer of Tract No. 31896 to reconstruct a straight through street to replace the existing cul-de-sac. A public utility easement will be reserved for any utilities that are existing and operating in the area.
BACKGROUND:
Tract No. 31896, also known as Avalino, is a 117-lot single family development located on the southwest side of Palomar St., adjacent to the City limits with Murrieta at Washington Ave.
Construction of the project has been on-going, and the Developer, DR Horton, is currently constructing public improvements including utilities and street improvements. An aerial image of the project site and the surrounding area is provided in Attachment A.
DISCUSSION:
Starbuck Circle was originally a cul-de-sac intersecting Palomar Street, but now serves as an entrance to Tract No. 31896 (Project). The Developer has constructed a straight through street to replace the existing cul-de-sac. This is shown on Sheet 5 of the approved Final Tract Map for the Project (Attachment B). With the construction of the through street, parts of the cul-de-sac will become excess right-of-way no longer needed by the City for public access and can be vacated.
Southern California Edison and Frontier California Inc. have existing utilities operating within the excess right-of-way of Starbuck Circle that is being vacated. Southern California Edison has requested the reservation of easements and rights that are necessary to operate the utilities they own in this area.
California Streets and Highways Code (SHC), Division 9, Part 3, Chapter 4 (Summary 230
Vacation) article 8334 (a) allows the City’s legislative body to summarily vacate an excess Right-of-Way of a street or highway not required for street or highway purposes.
Staff recommends that the City Council adopt a Resolution to vacate the right-of-way and to also reserve a public utility easement over the vacated right-of-way.
FISCAL IMPACT:
There are no fiscal impacts to the City from this vacation. All costs related to this process are covered by developer deposits/fees.
ATTACHMENTS:
Resolution
Resolution Exhibits A and B
A - Aerial Map
B - Sheet 5 of TR 31896 Final Map
231
RESOLUTION NO. 2024 -______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, SUMMARILY VACATING A PORTION OF STARBUCK CIRCLE,
INCLUDING A RESERVATION OF A PUBLIC UTILITY EASEMENT
WHEREAS, the City Council on October 11, 2023, approved Tract Map 31896 D.R. Horton Avalino Final Map; and
Applicant/Owner: D.R. Horton
Project Location: Palomar Street and Washington Avenue
Project Area: 46.73 acres
WHEREAS, the Project includes the prior approval of a right-of-way vacation of a portion of Starbuck Circle; and which must be accomplished through a separate vacation process as required by Subsection C.7 of Section 16.60.070 of the Wildomar Municipal Code; and
WHEREAS, the required right-of-way vacation consists of a portion (containing 3,233 square feet) of Lot “A” and a portion (containing 1,383 square feet) of Lot “B” on Parcel Map 29005, filed in Book 197, Pages 1 through 3 inclusive, of Parcel Maps in the office of the County Recorder of the County of Riverside, State of California; and
WHEREAS, the right-of-way vacation lots are described in Exhibits A and shown in Exhibits B, and are subject to reservation of public easements for Southern California Edison and Frontier California Inc.; and WHEREAS, the City Council is authorized to summarily vacate a street or highway that is excess right-of-way not required for street or highway purposes per Streets and Highways Code Section 8334(a).
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED
by the Wildomar City Council, in regular session assembled on August 14, 2024, the following:
1. The City Council finds and determines, pursuant to Section 8334(a) of the Streets and Highways Code, that the hereinafter-described portion of Starbuck Circle is excess right-of-way that is not required for street or highway purposes and is hereby summarily vacated. SEE EXHIBITS “A” AND “B” ATTACHED HERETO AND MADE A PART HEREOF. Pursuant to Section 8340(b) of the Streets and Highways Code, the City Council further finds that this portion of Starbuck Circle is unnecessary for present or prospective public use including use as a street, highway, or nonmotorized transportation facility.
2. Pursuant to Sections 8340(c) of the Streets and Highways Code, the City Council reserves and excepts from this street vacation an easement for any 232
existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities.
3. The City Clerk shall cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgment, certificate of acknowledgment, or further proof in the office of the Recorder of the County of Riverside, California. Upon such recordation, this street vacation is complete.
PASSED, APPROVED AND ADOPTED this 14th day of August, 2024. _________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ __________________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
233