Wildomar City Council
September 11, 2024

244
RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,

CALIFORNIA, APPROVING THE AGREEMENT WITH THE DEPARTMENT OF

FORESTRY AND FIRE PROTECTION (CAL FIRE) FOR WILDLAND FIRE PROTECTION SERVICES FROM JULY 1, 2024 TO JUNE 30, 2025
WHEREAS, the City of Wildomar incorporated on July 1, 2008; and WHEREAS, since incorporation the City has contracted with the County of Riverside for Fire Services; and
WHEREAS, the County of Riverside contracts with the State of California’s Cal Fire Department; and
WHEREAS, the City Council agrees to enter into a contract with Cal Fire for the Wildland Fire Protection Program.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Wildomar, California, does hereby approve the agreement with the California Department of Forestry and Fire Protection (CAL FIRE) to provide wildland fire protection from July 1st, 2024 through June 30th, 2025.

BE IT FURTHER RESOLVED that the City Manager is hereby authorized to sign and execute said agreement on behalf of the City of Wildomar.

PASSED, APPROVED, AND ADOPTED this 11th day of September, 2024. ______________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.9

Meeting Date: September 11, 2024
SUBJECT:

Vacation of an Existing 30-foot Road Easement Lot C located in the Faith Bible Church Project Site (Project No. 19-0179) SUBMITTED BY:

Jason Farag, Public Works Director
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 30-FOOT ROAD EASEMENT (LOT “C”) LOCATED IN THE

FAITH BIBLE PROJECT SITE, INCLUDING A RESERVATION OF A PUBLIC UTILITY

EASEMENT
SUMMARY:

The City will vacate an existing 30-foot road easement, running from the intersection of Glazebrook Road and Depasqualle Road to the north property line of the Faith Bible Church Project (Project), as part of a condition of approval for the Project. A public utility easement will be reserved for any existing utilities operating in the area.

BACKGROUND:

Faith Bible Church (Project) is an approved project to establish a 27,489 square-foot church that includes a 16,486 children’s ministry building and an 18,024 square-foot gymnasium north of the intersection of Glazebrook Rd. and Depasqualle Rd. Construction of the Project has been on-going. The developer has completed on-site and off-site improvements and is now seeking occupancy of a temporary structure while they continue construction of their permanent structure. An aerial image of the Project site and the surrounding area is provided in Attachment A.

DISCUSSION:

The primary entrance to the Faith Bible Church property and the permanent church structure are located within a previously dedicated road easement known as Lot "C" of Parcel Map 9789. Lot "C" is a 30-foot road easement running from the intersection of Glazebrook Rd. and Depasqualle Rd. to the Project's north property line. Lot "C" provided a north-south right-of- way connection between Glazebrook Rd. and the area to the north. As part of the Project, the developer has dedicated new right-of-way to the City along the Project's western boundary to provide a future north-south connection between Glazebrook Rd. and Bayless Rd. Lot "C" is now excess right-of-way that is no longer needed by the City for public access and can be vacated.
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Elsinore Valley Municipal Water District (EVMWD) has an existing water line located in the 30- foot road easement that is being vacated. A reservation of a public utility easement is included in the resolution to allow EVMWD to continue to operate the utilities they own in this area.

California Streets and Highways Code (SHC), Division 9, Part 3, Chapter 4 (Summary Vacation) Section 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. Therefore, 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 the vacation itself. All costs related to processing are covered by developer deposits/fees.

ATTACHMENTS:

Resolution
Resolution Exhibits A and B
A - Aerial Map
247
RESOLUTION NO. 2024 -______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, SUMMARILY VACATING A 30-FOOT ROAD EASEMENT (LOT “C”) LOCATED IN THE FAITH BIBLE PROJECT SITE, INCLUDING A

RESERVATION OF A PUBLIC UTILITY EASEMENT
WHEREAS, Faith Bible Church (the “Project”) is an approved project to establish a 27,489 square-foot church that includes a 16,486 children’s ministry building and an 18,024 square-foot gymnasium; and
WHEREAS, the Project was conditioned to obtain the vacation of the existing 30-foot road easement shown as Lot “C” of Parcel Map No. 9789 located between the intersection of Glazerbrook Road and Depasqualle Road to the north property line; and
WHEREAS, the right-of-way vacation lot in described in Exhibit A and shown in Exhibit B, and is subject to the reservation of a public service easement for Elsinore Valley Municipal Water District; 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 September 11, 2024, the following:

1. The vacation of the hereinafter described 30-foot road easement is made under Chapter 4 of Part 3 of Division 9 of the Streets and Highways Code.

2. The 30-foot road easement vacated pursuant to this Resolution is described in Exhibit “A” and depicted in Exhibit “B” both attached hereto and made a part hereof by this reference.

3. The facts under which this summary vacation is made are described in the recitals set forth above and made a part hereof by this reference.

4. From and after the date this Resolution is recorded, the street vacated hereunder shall no longer constitute a street.

5. Pursuant to Section 8340(c) of the Streets and Highways Code, the City Council reserves and excepts from this street vacation an easement for any existing public utilities and public service facilities, together with the right to maintain, operate, replace, remove, or renew such facilities.

6. The City Council finds and determines that the street vacated hereunder is unnecessary for present or prospective public use including use as a street, highway, or nonmotorized transportation facility, and does hereby order the 30-foot road easement described herein vacated.

7. 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 248
of the County of Riverside, California. Upon such recordation, this street vacation is complete.

PASSED, APPROVED AND ADOPTED this 11th day of September, 2024. _________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ __________________________
Thomas D. Jex Janet Morales
City Attorney City Clerk
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250
251

ATTACHMENT A
Aerial Image of the
Faith Bible Church Project
(highlighted in yellow)
252

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.10

Meeting Date: September 11, 2024
SUBJECT:

First Amendment to Agreement for Services between the City of Wildomar, California, and Gods Fan Club, Dba Project T.O.U.C.H.

SUBMITTED BY:

Raul Berroteran, Code Enforcement Manager
PREPARED BY:

Raul Berroteran, Code Enforcement Manager

ACTION:

Authorize the City Manager to execute Amendment #1 (Attachment A) of the Professional Services Agreement between the City of Wildomar and God's Fan Club, dba Project T.O.U.C.H., to be extended indefinitely.

BACKGROUND:

The City and Project Touch entered into a six-month agreement on March 13, 2024, with the option to extend to a month-to-month agreement for shelter services. The City Council approved the agreement. It states that the service provider will offer emergency shelter services effectively to address and reduce the homeless population within the City of Wildomar.

On behalf of the city, Project Touch will provide emergency shelter services to address and reduce the homeless population within the City of Wildomar. The Service Provider will coordinate efforts with the City of Wildomar and The Riverside County Sheriff’s Department, the City’s contracted street outreach Provider, and other stakeholders. The prime goal is to continue to provide emergency sheltering services in the City of Wildomar to engage with persons experiencing unsheltered homelessness with the ultimate goal of moving individuals and families into housing sustainability.

DISCUSSION:

The proposed amendment outlines the key areas of cooperation between the City of Wildomar and God’s Fan Club, also known as Project T.O.U.C.H., to provide shelter for the homeless. Addressing homelessness includes establishing joint outreach teams, sharing information, and taking a unified approach to providing shelter and services for individuals experiencing homelessness. The collaborative efforts outlined in the MOU are intended to maximize the impact of Homeless Outreach Services and promote a unified front against homelessness in our communities. It's crucial to extend our MOU agreement with Project T.O.U.C.H. so that the city can continue to provide outreach services.

FISCAL IMPACT:

Services are provided as needed, with a monthly maximum of $10,485. The total impact of the agreement, including extensions over Fiscal Year 2024-25, will be $125,820 and has already been 253
accounted for in the FY2024-25 Amended Budget. Therefore, no additional appropriations are needed.

ACCOUNT CODE:
120-410-4610-52115 Contractual Services

ATTACHMENTS:

Attachment A Amend #1 Proj Touch.pdf
Attachment B reference Copy_of_Project_Touch_Agreement_.pdf 254
255

FIRST AMENDMENT TO AGREEMENT FOR SERVICES
This First Amendment to Agreement for 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 GOD'S FAN CLUB (Oba PROJECT T.O.U.C.H.) a California non-profit organization ("Service Provider"), as follows:

RECITALS
A. City and Service Provider entered into an agreement for services on March 13, 2024 ("Agreement"). The Agreement provides that Service Provider will provide emergency shelter services to address and reduce the homeless population within the City of Wildomar effectively.

B. This First Amendment amends Section 1 of the Agreement related to Term of Agreement.

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. AMENDMENT. The Agreement is hereby modified and amended as follows:

1.1 SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20, 'Termination of Agreement,' the term of this Agreement shall be extended indefinately, as agreed by both parties, pending approval by the City Council.

2. GENERAL PROVISIONS.

2.1 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.

2.2 Integration. This First Amendment constitutes 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.

2.3 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 Service Provider.

RN #4844-0876-1400 vl -3-
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Certificate Of Completion
Envelope Id: 6534B0FA38B140F28B3303C25FF07FCE
Status: Completed
Subject: Copy of Project Touch Agreement
Source Envelope: 095EFF06A11A4D12A4591374D1B58455
Document Pages: 25
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Certificate Pages: 4
Initials: 0
Janet Morales
AutoNav: Enabled
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[email protected]
IP Address: 47.181.135.151
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11

Meeting Date: September 11, 2024
SUBJECT:

Consideration of annual reporting of completed State
mandated fire and life safety inspections by the City of Wildomar in compliance with SB 1205 for Fiscal Year 2023- 2024
SUBMITTED BY:

David Young, Supervising Fire Marshal

ACTION:

Adopt a Resolution entitled:

RESOLUTION NO. 2024- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE

RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146, and 17921 OF THE CALIFORNIA HEALTH AND

SAFETY CODE
BACKGROUND:

On September 27, 2018, Senate Bill 1205 became effective, and added a new section to the California Health and Safety Code that affects every fire department or fire district in the State.

Existing state law required every fire department or district providing fire protection services to inspect every building used as a public or private school annually. This same annual inspection requirement is applicable to hotels, motels, lodging houses, and apartment houses.

This bill also requires every fire department or district to annually report to its administering authority their compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the administering authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal document.

DISCUSSION:

The responsibility for conducting the required inspections falls to the Fire Division as directed by the Deputy or Supervising Fire Marshal. In conducting these inspections, Fire Division staff evaluate compliance with such items as fire sprinkler and fire alarm maintenance, safe exiting, fire extinguisher maintenance, conducting fire drills, and safe storage of combustibles.

In review of all completed inspections, the Supervising Fire Marshal has determined that all required inspections have been completed for Fiscal Year 2023-2024. Adoption of the recommended resolution and transmittal to the appropriate State Agency will meet the City’s obligation under SB 1205.

FISCAL IMPACT:

There is no fiscal impact related to this action and all costs of the inspection processes are included in 289
There is no fiscal impact related to this action and all costs of the inspection processes are included in the adopted fees.

ENVIRONMENTAL DISCUSSION:

The proposed resolution is exempt from the California Environmental Quality Act (Cal. Publ.

Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.

ATTACHMENTS:

1. Resolution
Attachment A to the Resolution
290
RESOLUTION NO. 2024 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, ACKNOWLEDGING RECEIPT OF A

REPORT MADE BY THE FIRE CHIEF OF THE RIVERSIDE COUNTY

FIRE DEPARTMENT REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH
OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921

OF THE CALIFORNIA HEALTH AND SAFETY CODE
WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on January 1, 2019; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Riverside County Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Health & Safety Code sections 13146.2 and 13146.3; and WHEREAS, California Health & Safety Code Section 13146.2 and 13146.3 requires all fire departments, including the Riverside County Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and WHEREAS, the Council of the City of Wildomar intends this Resolution to fulfill the requirements of the California Health & Safety Code 13146.4 regarding acknowledgment of the Riverside County Fire Department’s compliance with California Health and Safety Code Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wildomar, California: expressly acknowledges the measure of compliance of the Riverside County Fire Department with Health and Safety Code sections 13146.2 and 13146.3 for the properties identified in Attachment A in the City of Wildomar for the time period of July 1, 2023 to June 30, 2024, as follows:

Section 1. Educational Group E occupancies, for the purposes of this Resolution, are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group E occupancies, buildings, structures and/or facilities in the City of Wildomar.
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Section 2. Residential Group R occupancies, for the purposes of this Resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. The Riverside County Fire Department completed 100% of the annual inspections of the identified Group R occupancies, buildings, structures and/or facilities in the City of Wildomar.

PASSED, APPROVED AND ADOPTED this 11th Day of September, 2024. _____________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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Number Street Site Name Occupancy
Group Type
23411 Bundy Canyon Rd Bundy Canyon Christian School E School 23411 Bundy Canyon Rd Bundy Canyon Christian School- Preschool E Preschool 31970 Central Ave. California Lutheran High School E School 34570 Monte Vista Dr. All Aboard Preschool E Preschool
34570 Monte Vista Dr. Cornerstone Christian School E School 34878 Monte Vista Dr. Grace Christian Schools E School
21776 Palomar St. Ann Sullivan Nursery E Preschool
23151 Palomar St. Ortega Trails Youth Center E School
36243 Inland Valley Dr. Southwest Healthcare Systems I2.1 Healthcare 36485 Inland Valley Dr. Inland Valley Regional Medical Center I2 Healthcare 21591 Lemon St St. Francis of Rome Preschool E Preschool 23151 Palomar St. Sycamore Academy E School
32477 Starbuck Cir. Murrieta Springs Adventist Christian Academy E School 21220 Walnut St. Faith Baptist Academy E School
21800 Canyon Dr. Elsinore High School E School
35450 Frederick St. Donald Graham Elementary E School
35450 Frederick St. Donald Graham Preschool E Preschool 21861 Grand Ave. David A. Brown Middle School E School
20150 Mayhall Dr. William Collier Preschool E School
20150 Mayhall Dr. William Collier Elementary E School
21575 Palomar Rd. Wildomar Preschool E School
21575 Palomar Rd. Wildomar Elementary E School
35445 Porras Rd. Ronald Regan Preschool E School
35445 Porras Rd. Ronald Regan Elementary E School
24055 Clinton Keith Rd. Oak Springs R2 Apartment
24875 Prielipp Rd. Gables Oak Creek R2 Apartment
32365 South Pasadena St. Wildomar Senior Assisted Living R2.1 R2.1 Assisted Living 32325 South Pasadena St. Wildomar Senior Living Community R2 Apartment 36491 Yamas Dr. Santa Rosa R2 Apartment
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CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12

Meeting Date: September 11, 2024
SUBJECT:

Services Agreement for Human Resources Information
System, Electronic Forms, and Performance Evaluation
Software with NeoGov, Inc.

SUBMITTED BY:

Emily Wolf
PREPARED BY:

Emily Wolf

ACTION:

Authorize the City Manager to enter into an Agreement with NeoGov, Inc. by way of Order Form and Agreement for human resources information systems (HRIS) software, electronic forms, and performance evaluation software.

SUMMARY:

This item enters into an agreement for human resources information systems (HRIS) software, electronic forms, and performance evaluation software.

BACKGROUND:

NeoGov, Inc. provides a suite of human resources software programs developed specifically for the public sector and is currently used by over 6,000 public agencies. In January 2024, City Council approved the implementation of NeoGov’s employment application tracking software to provide better access to candidates and an efficient communication and tracking process for recruitments. In addition, the software provided a platform to house classification descriptions. The implementation of this software provided efficient and effective recruitment processes, leading to eight newly hired staff members.

Another of NeoGov’s software programs is a Human Resource Information System (HRIS).

The HRIS is a cloud-based central hub for employee records, salary, and workforce data.

Designed specifically for the public sector, NeoGov’s HRIS automates approval workflows, streamlines HR processes, and easily manages and tracks human resources data while achieving compliance. The software program retains employee demographics required for Equal Employment Opportunity (EEO) reporting, quickly identifying vacancies, maintaining an employee roster, and more. The HRIS also seamlessly incorporates software to provide fully configurable e-Forms.

Performance evaluations are critical to employee development. NeoGov’s employee evaluation software, Perform, automates annual employee evaluations, helping to ensure timely evaluations and assistance setting goals for the next year. Perform analyzes individual employee, team, or departmental data to identify skill gaps across the agency and optimize employee development based on common themes.
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DISCUSSION:

The current HRIS and performance evaluation processes consist of paper files, spreadsheets, and multiple databases housing different sources of information. Implementation of the NeoGov HRIS provides continuity of information that is readily available to authorized users to ensure human resources information is maintained and in compliance with local, state and federal laws.

Currently, the human resources division relies heavily on paper forms for various internal and external processes such as employment offer letters, onboarding checklists, policy acknowledgements, employee requests, and more. E-Forms would allow employees to submit, track, and manage forms online, as well as provide a workflow process for when supervisory review is required. E-Forms electronically stores all documents the employee has completed throughout their employee lifecycle, working cohesively as a central repository.

Supervisors benefit from the Perform module with its ability to organize notes throughout the year to document performance and refer back during performance reviews, schedule periodic check-ins to provide feedback and track goal progress, and implement performance improvement plans (PIPs), when necessary. The Perform module provides reminders for evaluations due dates, an approval workflow process, and electronic recordkeeping and reporting to help identify areas of opportunity.

The City’s human resources processes will be streamlined with automated workflows and integrated notifications to ensure target dates are met. The NeoGov platform provides a fully unified system to capture the entire employee lifecycle starting from the candidate application.

Utilizing the HRIS, e-Forms, and Perform modules will ensure compliance, increase efficiency, and grow along with the City, bringing modernization to the human resources division and City staff as we continue to strive to be an employer of choice.

FISCAL IMPACT:

The attached Ordering Document (Attachment A) is for a term of two years and nine months at a total of $63,861.11, which includes the one-time setup costs. The fiscal impact for fiscal year 2024-25 is $24,422.81, which includes the initial setup fee, as well as the platform licensing for all three programs for the remainder of the year. The contracted rate for fiscal year 2025-26 is $17,054.40 and for fiscal year 2026-27 the rate is $22,383.90. Sufficient funds are available in the current fiscal year budget due to one-time salary savings to cover both the setup costs and the subscription for the first year.

ACCOUNT CODE:
100-410-4210-58110

ATTACHMENTS:

Attachment A. NeoGov Order Form and Agreement Dated 09/04/2024 295
296
Customer:

Wildomar, City of (CA)
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
USA
Quote Number: Q-15379
PaymentTerms: Annual,Net 30
Subscription Term in Months: 32
Order Form
NEOGOV
Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Austin McCarthy
Quote Valid From: 9/4/2024
Quote Valid To: 9/30/2024
Employee Count: 45
Order Summary
Pro Rated Term Pro-rated term includes a 40% discount.

Service Description Type Start Date End Date Term Price (USD) Perform Subscription RECURRING 10/1/2024 6/30/2025 $3,332.54 Perform Setup ONE-TIME $2,376.00
eForms Subscription RECURRING 10/1/2024 6/30/2025 $2,644.58 eForms Setup ONE-TIME $1,980.00
Core HR Subscription RECURRING 10/1/2024 6/30/2025 $3,589.69 Core HR Setup ONE-TIME $10,500.00
Pro Rated Term TOTAL: $24,422.81
Year 1 Year 1 includes a 20% discount.

Service Description Type Start Date End Date Term Price (USD) Perform Subscription RECURRING 7/1/2025 6/30/2026 $5,940.80 eForms Subscription RECURRING 7/1/2025 6/30/2026 $4,714.40 Core HR Subscription RECURRING 7/1/2025 6/30/2026 $6,399.20 Year 1 TOTAL: $17,054.40
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Year 2
Service Description Type Start Date End Date Term Price (USD) Perform Subscription RECURRING 7/1/2026 6/30/2027 $7,797.30 eForms Subscription RECURRING 7/1/2026 6/30/2027 $6,187.65 Core HR Subscription RECURRING 7/1/2026 6/30/2027 $8,398.95 Year 2 TOTAL: $22,383.90
ORDER TOTAL (USD) : $63,861.11
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A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).

"Wildomar, City of
(CA)"

Signature:

Customer_DS1

Print Name:

CustomerName_DS1

Date:

CustomerDate_DS1
299

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.1

Meeting Date: September 11, 2024
SUBJECT:

Consideration of Resolution of Necessity for Condemnation of a Portion of Vacant Property Identified by Assessor Parcel Number 362-250-025 for the Clinton Keith Road Widening
Project (CIP 025-1)
SUBMITTED BY:

Jason Farag, Public Works Director
PREPARED BY:

Thomas D Jex, City Attorney

ACTION:

1. Conduct a hearing on the proposed Resolution 2024-__ of the City of Wildomar finding and determining that the public interest, convenience, and necessity require the acquisition of certain property for public purposes; and

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

3. Find that on January 13, 2010, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the City Council adopted Resolution 2010-02 certifying a Mitigated Negative Declaration or the Clinton Keith Road Widening Project, and that no additional CEQA findings are required for the Project; and

4. Adopt a Resolution entitled:

RESOLUTION 2024 - _____

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

DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY

REQUIRE THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES SUMMARY:

To complete the construction associated with the Clinton Keith Road Widening Project (CIP 025-1) ("Project"), certain easements are required from adjacent property owners. This item considers a Resolution of Necessity for Condemnation of easements over a portion Vacant Property that are needed to allow for the construction of the Project.

BACKGROUND:

The Clinton Keith Road Widening Project involves the widening and improvement of Clinton Keith Road between Hidden Springs Rd. and Copper Craft Dr., to provide six lanes and bike lanes through the segment. The project also involves the construction of certain retaining walls, the extension of existing culverts, traffic signal modifications, and other ancillary improvements. The Project is intended to improve traffic flow in the area and enhance the safety of the roadway.
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On January 13, 2010, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the City Council adopted Resolution 2010-02 certifying a Mitigated Negative Declaration or the Project, and that no additional CEQA findings are required for the Project.

DISCUSSION:

In order to complete the construction of the Project, the City must acquire a portion of the vacant parcel identified by assessor parcel number 362-250-025 (“Larger Parcel”). The Larger Parcel is zoned IP (Industrial Park) and is owned by Malak Hanna and Joseph Zakhary (“Owners”).

For the purpose of the Project, the City is seeking to acquire two easements over the Larger Parcel: (1) permanent slope easement containing 2,490 square feet, (2) a 24-month temporary construction easement (TCE) containing 2,837 square feet (collectively the “Easements”). The Easements are more particularly described and depicted in the proposed Resolution attached hereto.

Before proceeding with an eminent domain action, the City must make an offer to purchase to the property owner, which offer must be transmitted in writing, based upon an appraisal. On May 29, 2024, City Staff tendered an offer to the Owner in the amount of $14,200 for the Easements (“Offer”) (Attachment A). The Offer was based on an appraisal prepared by a licensed appraiser. City Staff and the City’s Right of Way agents have attempted in earnest to negotiate a purchase of the Easements, and although negotiations are ongoing and will continue, the acquisition of the Easements has not been consummated. The City requires possession and use of the Easements before work on the Larger Parcel can commence and there are no assurances that an agreement between the parties will be reached in order to meet the Project’s construction schedule; therefore, a Resolution of Necessity is being requested.

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

It is now necessary that an action in eminent domain be commenced to acquire the Easements referenced above. Prior to the filing of the action, the City must hold a hearing on the proposed Resolution of Necessity (attached) and provide the Owner an opportunity to be heard. In addition, the hearing must be duly noticed. Attached is a copy of the Notice of Hearing, which was issued on June 24, 2024, in accordance with the applicable statutes (Attachment B).

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

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

Specifically, the Council must find:
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1 .

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

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

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

That City made the offer to purchase as required by section 7267.2 of the California Government Code. The Statutory Offer to Purchase was tendered to the owner of the Property on May 29, 2024.
5 .

That the necessary notice of hearing to consider the adoption of the Resolution of Necessity has been given, as required by Code of Civil Procedure section 1245.235. As evidenced by Attachment B, this notice was issued on August 23, 2024. 6 .

That City has complied with CEQA for the Project. On January 13, 2010, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the City Council adopted Resolution 2010-02 certifying a Mitigated Negative Declaration or the Project, and that no additional CEQA findings are required for the Project.
7 .

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

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

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

FISCAL IMPACT:

Funds are available for the acquisition of this Property and are included in the City’s FY 2024- 25 budget. Legal costs related to the eminent domain proceedings are unknown at this time and are dependent upon whether or not an agreement can be reached with the property owner. Legal costs will be paid for from the approved Project budget. Staff will track the related costs and bring forward a budget amendment if additional budget is needed for this process.

ACCOUNT CODE:

CIP 025-1: Fund No. 503-913-4500-58120 - Right of Way Acquisition

ATTACHMENTS:

Resolution of Necessity - Clinton Keith Project
Attachment 1 to Reso - Permanent Slope Easement
302
Attachment 2 to Reso - TCE
A - Offer Letter
B - Notice of Hearing
Presentation
303
4860-6072-8027 v2 Page 1
RESOLUTION NO. 2024 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR

FINDING AND DETERMINING THAT THE PUBLIC INTEREST,

CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF

CERTAIN PROPERTY FOR PUBLIC PURPOSES
WHEREAS, the City Council has determined that the City of Wildomar (“City”) needs to acquire certain property interests in connection with the construction of the Clinton Keith Road Widening Project (“Project”).

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

1. The City intends to construct the Project, which is intended to improve traffic flow and enhance safety by widening the roadway, constructing bike lanes, constructing storm drains and culverts, and certain retaining walls within the Project area. The Project is for a public use.

2. To complete construction on the Project, the City must acquire the below described easements (collectively “Easements”):
a. A permanent slope easement comprised of a total of 2,490 square feet. The City may use the permanent slope for purposes of constructing and maintaining a permanent slope, with the right of ingress and egress for maintenance and repair over, upon, across, and within the real property that is more particularly described and depicted in Exhibits “A” and “B” of Attachment 1, attached hereto and incorporated herein by reference.
b. A 2,837 square foot temporary construction easement (“TCE”) for ingress, egress and construction purposes, including but not limited to the use of the easement by the City of Wildomar and its officers, employees, agents, contractors and subcontractors (collectively “Authorized Personnel”), for the removal, clearance, grading, and construction of a roadway, pedestrian, bike lane, and drainage improvements, or other necessary uses, in connection with the Project over that certain real property (the "Property") that is more particularly described and depicted in Exhibits “C” and “D” of Attachment 2, attached hereto and incorporated herein by reference. The TCE shall include, without limitation, the right and privilege of Authorized Personnel to (i) use, control, and occupy the Property in order to perform all activities as may be necessary for the construction of roadway, pedestrian, bike, and drainage improvements; (ii) have access to, ingress to, and egress from the Property; (iii) use and temporarily place, store, and operate tools, equipment, machinery, and materials on and within the Property; (iv) trim, cut, or clear away any trees, brush, or other vegetation or flora within the Property Area. Hereinafter, items (i)- (iv) shall be collectively referred to herein as the “Work.” During the term of the TCE, the owner of the larger parcels within which the TCE is located (“Larger Parcel”) shall be permitted to access and use the Property to the extent such access and use does not interfere with use of the Property by Authorized 304

Personnel for the Work. The City will at all times during the term of the TCE allow the owner of the Larger Parcel to have and maintain reasonable access to and from the Larger Parcel and maintain reasonable access to and from the Larger Parcel, and the City will advise owner regarding the scope of work and coordinate work with owner so as not to unreasonably impede/hinder access to and within the Larger Parcel.

At the expiration of the TCE, the City will restore or have restored the TCE area as reasonably as possible to the pre-existing condition or to a condition mutually agreed upon within a reasonable time. The City, however, shall not be required to restore vegetation to the pre-existing condition. Upon completion of the Work, City will cause all of the equipment, materials, tools, trash, and debris to be removed from the TCE area.

The term of the temporary construction easement shall be for a period not to exceed twenty-four (24) months, which shall commence following written notice provided to the owner of the Larger Parcel. In no event shall the term of the TCE extend beyond July 31, 2027.

3. The Easements are necessary for the completion of the Project. The City is authorized to acquire the Easements by eminent domain for the public use set forth herein in accordance with the California Constitution, Article 1, Section 19; the California Eminent Domain Law, Code of Civil Procedure Section 1230.010 et seq ., including, but not limited to, sections 1240.010 through 1240.050 inclusive, and sections 1240.110, 1240.120, 1240.220, 1240.320, 1240.330, 1240.350, 1240.410, 1240.510, 1240.610, 1240.650; Government Code Section 37350.5, 40404, and other provisions of law.

4. On August 23, 2024, the City mailed a Notice of Hearing regarding the intent of the City Council of the City of Wildomar to consider adoption of a resolution of necessity for acquisition by eminent domain of the Easements. The Notice of Hearing was mailed to all persons whose name(s) appear on the last Equalized County Assessment Roll as having an interest in the Property, to the addresses appearing on the Roll. The Notice of Hearing advised the persons of their right to be heard on the matters referred to in the Notice of Hearing on the date and at the time and place stated.

5. The hearing referenced in the Notice of Hearing was held on September 11, 2024, at the time and place stated in the Notice of Hearing. All interested parties were given an opportunity to be heard. The hearing was then closed.

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

A. The public interest and necessity require the proposed Project; B. The proposed Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; C. The interest in property sought to be acquired by eminent domain is necessary for the proposed Project;
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D. The City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain, including but not limited to, making the offer required by Government Code Section 7267.2(a);
E. The City properly issued a Notice of Hearing in accordance with the applicable laws, prior to the consideration and adoption of this Resolution; F. The City has complied with CEQA for the Project. On January 13, 2010, in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines §15070, the City Council adopted Resolution 2010-02 certifying a Mitigated Negative Declaration or the Project, and that no additional CEQA findings are required for the Project; and
G. The Easements herein described are a portion of the larger parcel known by accessor parcel number 362-250-025 (“Larger Parcel”).

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

PASSED, APPROVED, AND ADOPTEDby the City Council of the City of Wildomar at a regular meeting held this September 11, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Bridgette Moore, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ___________________________ Janet Morales, CMC, City Clerk Thomas D. Jex, City Attorney 306

ATTACHMENT 1
Permanent Slope and Drainage Easement
307

ATTACHMENT 2
Temporary Construction Easement
308
309
310
State of California )
County of _______ )
On _____________, 2024, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
311
State of California )
County of _______ )
On _____________, 2024, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
312

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that the interest in real property conveyed by that certain Permanent Slope Easement dated as of ___ _________, 2024, from Malak Ghobrial Hanna, a married man as his sole and separate property, as to an undivided 50% interest and Joseph Zakhary, a married man as his sole and separate property, as to an undivided 50% interest, as tenants in common is hereby accepted by the order of the City Council of the City of Wildomar on February 14, 2024 and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2024
By: ____________________________
ATTEST:
313
314
315
State of California )
County of _________________ )
On __________________, 2024, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
316
State of California )
County of _________________ )
On __________________, 2024, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
317
This is to certify that the interest in real property conveyed by that certain Temporary Construction Easement dated as of ____________________, 2024, from Malak Ghobrial Hanna and Joseph Zakhary is hereby accepted by the order of the City Council of the City of Wildomar on February 14, 2024, and the grantee consents to the recordation thereof by its duly authorized officer.

Dated as of: ________________, 2024
By: ____________________________
ATTEST: ___________________________
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Bridgette Moore, Mayor, Dist. 4  23873 Clinton Keith Rd, Ste. 110 Ashlee DePhillippo, Mayor Pro Tem, Dist. 5  Wildomar, CA 92595 Carlos Marquez, Council Member, Dist. 1  951.677.7751 Phone Joseph Morabito, Council Member, Dist. 3  951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2  www.CityofWildomar.org May 29, 2024
Malak Hanna and Joseph Zakhary
19182 Skyview Knoll
Yorba Linda, CA 92886
SUBJECT:  City of Wildomar – Clinton Keith Road Widening Project (CIP 025‐1) Offer to Acquire – Permanent Slope Easement and 24‐month Temporary Construction Easement Assessor’s Parcel Number: 362‐250‐025
Property Location: Clinton Keith Road, Wildomar, CA
Dear Property Owner(s):

The  City  of  Wildomar  (City),  as  part  of  the  Clinton  Keith  Road  Widening  Project  (Project),  is  considering  acquiring  a permanent  easement  over  a  portion  of  the  subject  property  in  which  we  believe  you  are  the  owner,  along  with  a temporary easement interest. The City obtained a preliminary title report that lists Malak Ghobrial Hanna, a married man and his sole and separate property, as to an undivided 50% interest and Joseph Zakhary, a married man and his sole and separate property, as to an undivided 50% interest, as tenants in common to be the vested owner of the above‐ mentioned property. The permanent easement is described in the legal description and depicted on the plat map within the attached Permanent Slope Easement Deed, and the Temporary Construction Easement is described and depicted in the attached Temporary Construction Easement Deed, herein collectively referred to as the” Easements.” This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Easements that the City is seeking to acquire, all parties with such interest must accept this offer.

As you are aware, the City had the Easements appraised to determine their fair market value and just compensation. The appraisal was conducted in accordance with commonly accepted standards and included consideration of the highest and best use of the land.  Based on the appraisal, the City offers to purchase a Permanent Slope Easement, free and clear of any  encumbrances,  and  a  Temporary  Construction  Easement  for  Fourteen Thousand Two Hundred Dollars  and No/100, ($14,200) (“Purchase Price”).

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

If  the  offer  is  acceptable  to  you,  please  sign  the  attached  Agreement  for  Acquisition  of  Permanent  Easement and  Temporary  Construction  Easement.  Upon  receipt  of  the  signed  agreement,  and  other  required  documents,  the authorized  City  representative  will  sign  and  we  will  begin  the  escrow  process  to  close  this  transaction.  If  you  are not  satisfied  with  the  City’s offer,  you  are  encouraged  to  present  any  material  you  believe  to  be  relevant to the value of  the Easements, which  will be  carefully  considered  by the City.  If a voluntary  agreement  cannot be reached, the City may  consider  formal  condemnation  proceedings  against  the  Easements  through  its  power  of  eminent  domain  or abandon its intention to acquire the Easements, giving proper notice to you in either event. 319
The City has made no decision to exercise its power of eminent domain to acquire the Easements and can only do so after it holds a hearing at which all affected property owners have had an opportunity to appear and be heard.

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

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

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

The City has contracted with Interwest Consulting Group (Interwest) to acquire the Easements.  If you need additional information  or  have  any  questions,  please  feel  free  to  contact  Jeremy  Miller,  the  agent  assigned  to  you,  at  (9 49) 299‐5309 or email at [email protected].  We  hope this offer  meets with your approval and that it will serve as  the  basis  for  a  quick  and  mutually  beneficial  transaction.  We  look  forward  to  hearing  from  you  after  you  have  an opportunity to review it and the attached enclosures. Thank you.

Sincerely,
Jason Farag, P.E.

Public Works Director
City of Wildo
mar
Enclosures:  Permanent Slope Easement Deed
Temporary Construction Easement Deed
Summary of Appraisal
Acquisition Brochure
Title VI Information
Agreement for Acquisition of Permanent Easement and Temporary Construction Easement 320

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

4864-2877-7691 v1
August 23, 2024

Sent via First Class U.S. Mail and FedEx

Malak Ghobrial Hanna and Joseph Zakhary
19182 Skyview Knoll
Yorba Linda, CA 92886

RE: City of Wildomar – Clinton Keith Road Widening Project

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

CITY OF WILDOMAR TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY TO CONDEMN CERTAIN PROPERTY INTERESTS LOCATED AT ASSESSOR’S PARCEL NUMBER 362-250-025

Dear Property Owner:

This letter is written on behalf of the City of Wildomar (City) to give you notice pursuant to California Code of Civil Procedure Section 1245.235 that the City Council of the City of Wildomar (City Council) will consider the adoption of a Resolution of Necessity (Resolution) to condemn a portion of your real property at its regular meeting on September 11, 2024, at 6:00 p.m. at 23873 Clinton Keith Road, Suite 201, Wildomar, CA 92595.

The property which will be the subject of consideration is located in the City of Wildomar, APNs 362-250-025.

The Project for which this acquisition will be considered is the Clinton Keith Road Widening Project (Project).

If the City adopts a Resolution, the City will commence an eminent domain proceeding in Riverside County Superior Court to acquire the property.

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

1. The public interest and necessity require the Project.

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

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

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

You have the right to appear and be heard by City Council on the three matters referred to in section 1240.030 as set forth above. Should you wish to appear and be heard on these matters, you must file a written request to appear and be heard within fifteen (15) days of this Notice.

321

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

Your written request to appear must actually be on file with the City Clerk within 15 days of the date of this notice. The failure to file a written request to appear and be heard with the City Clerk this date, will result in the waiver of your right to appear and be heard by the City Council on the matters referred to in section 1240.030 as set forth above.

All requests to appear must be sent for filling to:

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

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

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

The City is moving forward at this time due to the requirements of the Project schedule. However, the City will continue negotiations regarding compensation, and remains hopeful that a settlement can be reached. Enclosed herewith is a copy of the Offer to Acquire provided to you dated May 29, 2024, which includes details regarding the portion of your property that may be acquired, and the offer to purchase issued by the City. If you have any questions, please feel free to contact Jeremy Miller, Interwest Consulting Group, at (949)299- 5309 or email at [email protected].

Sincerely,

Jason Farag, P.E.

Public Works Director
City of Wildomar

Enclosures: Offer to Acquire
Signature:

Email:

Jason Farag
[email protected]
322
Notice re RON hearing - Hanna and Zakhary
Final Audit Report 2024-08-23
Created: 2024-08-23
By: Jeremy Miller ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAsTyt2jiZQRPwidxskWlDjbz2zFtThgw2 "Notice re RON hearing - Hanna and Zakhary" History
Document created by Jeremy Miller ([email protected]) 2024-08-23 - 2:11:47 AM GMT
Document emailed to Jason Farag ([email protected]) for signature 2024-08-23 - 2:11:51 AM GMT
Email viewed by Jason Farag ([email protected]) 2024-08-23 - 4:03:46 AM GMT
Document e-signed by Jason Farag ([email protected]) Signature Date: 2024-08-23 - 4:04:26 AM GMT - Time Source: server Agreement completed.
2024-08-23 - 4:04:26 AM GMT
323
Clinton Keith Road
Widening Project (CIP 025-1)
APN 362-250-025
North side of Clinton Keith Rd., between Inland Valley Dr. and Salida del Sol Resolution of Necessity
Public Hearing
September 11, 2024
City of Wildomar
324
Project Limits
(Hidden Springs Rd. to
Copper Craft Dr.

CLINTON KEITH RD.

SALIDA DEL SOL
INLAND VALLEY DR.

Property in
Question
325
Approx. Area in
Question
326

CITY OF WILDOMAR

CC - REGULAR MEETING

FUTURE AGENDA ITEMS
Meeting Date: September 11, 2024
SUBJECT:

Future Agenda Items
SUBMITTED BY:

Janet Morales

ACTION:

Title- Councilmember-Anticipated Date

1. Expand Pavement Management/Road Rehab Program for private and public roads - Marquez - TBD
327

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.1

Meeting Date: September 11, 2024
SUBJECT:

July 10, 2024 - City Council/Cemetery District Regular Minutes SUBMITTED BY:

Janet Morales, City Clerk

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

1. 07-10-2024 Minutes
328

MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, JULY 10, 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 6:15 p.m.

Staff in attendance: City Manager York, City Attorney Jex, City Clerk Morales, Community Development Director Bassi, Administrative Services Director Schrader, Community Services Director Torres, Economic Development Director Davidson, and Finance Manager Jantz

FLAG SALUTE
The flag salute was led by students from the Julia Lee Performing Arts Academy

PRESENTATIONS

1. Parks Make Life Better Month - July 2024

2. Julia Lee Performing Arts Academy Update

DEPARTMENT REPORTS
There were no department reports.

PUBLIC COMMENTS
329
The following individuals provided public comment on items not on the agenda:

1. James Prestininzi, representing Herwood Building Supplies

2. Alicia Flores

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

1. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

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

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to approve the agenda as presented, with the exception of moving Item# 3.3 to be heard before 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) CONSENT CALENDAR
Moved by Carlos Marquez; seconded by Dustin Nigg 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

1.1) April 10, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.

1.2) June 2024 City Warrant Register
Approved the following:

330
For Fiscal Year 2023/2024:

1. Warrant Register dated 06-06-2024 in the amount of $276,951.38

2. Warrant Register dated 06-13-2024 in the amount of $195,333.56

3. Warrant Register dated 06-20-2024 in the amount of $522,125.27

4. Warrant Register dated 06-24-2024 in the amount of $16,756

5. Warrant Register dated 06-27-2024 in the amount of $152,277.84

6. Wire Transfer Register dated 06-30-2024 in the amount of $55,153.32.7. Payroll Register dated 07-01-2024 in the amount of $259,328.54

1.3) May 2024 City Treasurers Report
Approved the Treasurer’s Report for May 2024

1.4) Avalino Parkway Maintenance Agreement (Signal Hill and Church) Authorized the City Manager to execute two Right-of-Way and Private Slope Access and Maintenance Agreements (Agreements) with D.R. Horton Los Angeles Holding Company Inc. related to the development of Tract 31896 (Avalino)

1.5) First Amendment to Annual Grant Writing Services Agreement with California Consulting Inc.

Authorized the City Manager to execute the First Amendment to the Annual Grant Writing Services Agreement with California Consulting, Inc.

1.6) Amendment to Office Lease With Core Tree Care, Inc.

Approved and Authorized the City Manager to Execute the Office Lease Amendment with Core Tree Care, Inc.

1.7) Authorization to Enter into Settlement Agreement with Kroger Co. in Litigation Matter In re: National Prescription Opiate Litigation (U.S.D.C. Case No. 1:17-md- 2804)
Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY ACTIONS TO 1) SETTLE CLAIMS AGAINST THE KROGER CO. IN THE NATIONAL OPIOID LITIGATION AND 2) ELECT TO

RECEIVE DIRECT PAYMENT OF FUNDS UNDER THE SETTLEMENTS WITH THE OTHER

DEFENDANTS

1.8) Ratify Amended Agreement for Law Enforcement Services FY 2024-25 through FY 2026-27
Authorized the Mayor to Ratify the Agreement.

1.9) Levy and Collection of Special Taxes within Community Facilities District No. 2013-1 (Services) Tax Zone 12 for Fiscal Year 2024-25
Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

ORDERING THE LEVY AND COLLECTION OF SPECIAL TAXES WITHIN COMMUNITY 331
FACILITIES DISTRICT NO. 2013-1 (SERVICES) TAX ZONE 12, FOR FISCAL YEAR 2024- 25 1.10)Community Event Partnership Memorandum of Understanding (MOU) with Southwest Healthcare Inland Valley Hospital for the 2024 Fall Family Fun Fair.

1. Authorized the City Manager to sign the MOU with Southwest Healthcare Inland Valley Hospital dependent that the commercial business fulfills all requirements; and

2. Waived fees associated to the application and processing of the Temporary Event Permit dependent that the commercial business fulfills all requirements.

1.11)Tract 37476 and Tract 32024 Public Improvement Agreement with KB Home for Monte Vista Drive Improvements
Authorized the City Manager to execute the Public Improvement Agreement with KB Home Coastal, Inc.

1.12)Second Amendment to the Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Rd. Improvement Project, Segment 2

1. Authorized the City Manager to execute the Second Amendment to the Professional Services Agreement with Parsons Transportation Group for the Bundy Canyon Rd. Improvement Project, Segment 2

2. Approved a budget adjustment adding $90,000 in both revenue and expenditures for funds as identified in the Fiscal Impact and Account Code sections of this staff report, to allocate the necessary additional funds to the Project.
2) PUBLIC HEARINGS

2.1) Consideration of Resolution of Necessity for Condemnation of Vacant Property Identified by Assessor Parcel Number 362-090-026 for the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2)
Mayor Moore opened the Public Hearing.

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

RESOLUTION NO. 2024 - 50

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

DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE

THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES 332
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) FY2023-24 4th Quarter Budget Report
Finance Manager Jantz presented the staff report.

Moved by Dustin Nigg; seconded by Joseph Morabito to approve the Fiscal Year 2023-24 4th Quarter Budget Report, and adopt a Resolution entitled:

RESOLUTION NO. 2024 - 51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2023-24 BUDGETED 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

3.2) Memorandum of Understanding (MOU) between the City of Wildomar and the County of Riverside’s Department of Environmental Health and Ordinance amendment.

Public Works Director Farag presented the staff report.

Moved by Dustin Nigg; seconded by Carlos Marquez to Authorize the City Manager to execute the MOU between the City of Wildomar and the County of Riverside's Department of Environmental Health.

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 Introduce and Approve for First Reading an Ordinance entitled:

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
333
Motion Approved: 5 - 0
Voting For: Joseph Morabito, Ashlee DePhillippo, Bridgette Moore, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None

Absent: None

3.3) Grand Avenue East Side Land Use Designation Discussion Community Development Director Bassi presented the staff report.

The following individuals provided public comment:

1. Alex Sukhov, representing the Sukhov Family, with time donated by Jody Sukhov, representing the Sukhov Family provided public comment in opposition of Estate Density Residential (EDR) for a total of 6 minutes.

2. Quinten Sukhov, representing the Sukhov Family, provided public comment in opposition of Estate Density Residential (EDR).

3. Desiree Sukhov, representing the Sukhov Family, provided public comment in opposition of Estate Density Residential (EDR).

4. Nicolas Sukhov, representing the Sukhov Family, provided public comment in opposition of Estate Density Residential (EDR).

5. Nathan Sukhov, representing the Sukhov Family, provided public comment in opposition of Estate Density Residential (EDR).

6. Sherrie Munroe, representing 4M Engineering & Development, provided public comment in opposition of Estate Density Residential (EDR).

7. Phil Caballero, property owner, with time donated by Eileen Gonzales, representing the Gonzales family, provided public comment in opposition of Estate Density Residential (EDR) for a total of 6 minutes.

8. Bruce Linsley, representing L.B.I. Temecula Properties, provided public comment in opposition of Estate Density Residential (EDR).

9. Ann Kiggins, resident, with time donated by Kathy Bundy, resident provided public comment in favor of Estate Density Residential (EDR) for a total of 6 minutes.

10. Trina Gonzales-Van, representing Conrad Gonzales Family, provided public comment.

11. Gary McDaniel, resident, provided public comment in favor of Estate Density Residential (EDR).

12. Evelyn Gonzalez, resident, provided public comment in favor of Low Density Residential (LDR).

13. Brian Nefinges, resident, provided public comment in favor of Estate Density Residential (EDR).

14. Frankie Alonso, resident, provided public comment in favor of Estate Density 334
Residential (EDR).

15. Elizabeth Kuzma, resident, provided public comment in favor of Estate Density Residential (EDR).

16. Marybeth Slane, resident, provided public comment in favor of Estate Density Residential (EDR).

17. Don Saunders, resident, with time donated by Ken Herrera, resident, provided public comment in favor of Estate Density Residential for a total of 6 minutes.

Moved by Dustin Nigg; seconded by Carlos Marquez to Keep the existing General Plan Land Use designation of Low Density Residential (LDR) for the East Side of Grand Avenue.

Motion Approved: 4 - 1
Voting For: Joseph Morabito, Ashlee DePhillippo, Dustin Nigg, Carlos Marquez Voting Against: Bridgette Moore
Abstain: None

Absent: None

CITY MANAGER REPORT

1. Fencing Options for Bundy Canyon Rd. and Monte Vista Dr. at the future Riverside County Flood Control Lateral C Basin: Directed staff to bring back the item with additional options for discussion.

FUTURE AGENDA ITEMS
There were no future agenda items added.

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Moore adjourned the City Council Meeting at 8:12 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 8:12 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.
335

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Dustin Nigg; seconded by Ashlee DePhillippo 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 Carlos Marquez 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

4.1) April 10, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.

4.2) June 2024 Cemetery Warrant Register
Approved the following:

For Fiscal Year 2023/2024

1. Warrant Register dated 06-06-2024 in the amount of $266.92

2. Warrant Register dated 06-13-2024 in the amount of $3,564.66

3. Warrant Register dated 06-20-2024 in the amount of $133.20.

4.3) May 2024 Cemetery Treasurers Report
Approved the Treasurer’s Report for May 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
336
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 8:13 p.m.

Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
337

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.2

Meeting Date: September 11, 2024
SUBJECT:

August 14, 2024 - City Council/Cemetery District Regular Minutes
SUBMITTED BY:

Janet Morales, City Clerk

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

1. 08-14-2024 Minutes
338

MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, AUGUST 14, 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 Jex,  City Clerk Morales, Economic Development Director Davidson, Community Services Director Torres, Finance Manager Jantz, Code Enforcement Manager Berroteran, and Human Resources and Risk Manager Wolf

FLAG SALUTE
The flag salute was led by August 3, 2024 Fire Incident Volunteer Marie

PRESENTATIONS

1. Certificates of Recognition for Volunteers - Fire Incident August 3, 2024

DEPARTMENT REPORTS
Police Department Quarterly Update
Fire Department Quarterly Update
Wildomar Library Quarterly Update
Economic Development Legislative Update
339

PUBLIC COMMENTS
The following individuals provided public comment on items not on the agenda:

1. Carlos Bonilla, Calwest

2. Jeane, Park Anne Sullivan

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
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
1) CONSENT CALENDAR
Councilmember Morabito pulled agenda items # 1.10, 1.12 and 1.13 for staff presentations.

Moved by Dustin Nigg; seconded by Ashlee DePhillippo to approve items #1.1 through

1.12 of 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) May 8, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.
340

1.2) June 12, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.

1.3) July 2024 Warrant Register
Approved 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
Approved the Treasurer’s Report for June 2024.

1.5) 2nd Reading of Ordinance No. 242
Adopted 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) Authorized 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.

1.7) Second Amendment to Agreement with Architerra Design Group for the 20-Acre Park Project (CIP 099)
Authorized 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)
Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA,

DECLARING ITS INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES 341
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)
Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 53

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.

Authorized the City Manager to execute a Purchase and Sale Agreement for the acquisition of vacant parcels on Palomar St.

1.11)2024 Biennial Conflict of Interest Notice and Update

1. Received and filed the 2024 Local Agency Biennial Notice; and

2. Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 54

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
Received and filed the kick off of the 2024 Home Decoration Contest.

1.13)National Clean Up Day Event MOU with Wildomar Community & Parks Foundation Mayor Moore recused herself due to a Conflict of Interest.

Moved by Joseph Morabito; seconded by Dustin Nigg to

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.

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

Absent: None
2) PUBLIC HEARINGS
No items scheduled.
342
3) GENERAL BUSINESS

3.1) Purchase of City Vehicles
Finance Manager Jantz presented the staff report.

Moved by Dustin Nigg; seconded by Carlos Marquez to

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
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) League of California Cities Annual General Business Meeting Voting Delegate and Alternate(s)
City Clerk Morales presented the staff report.

Moved by Joseph Morabito; seconded by Carlos Marquez to Ratify Council Member Morabito as the Voting Delegate, Mayor Moore as one alternate and Mayor Pro Tem DePhillippo as another alternate for the League of California Cities Annual General Business Meeting.

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

Absent: Dustin Nigg

CITY MANAGER REPORT
There was no City Manager Report.

FUTURE AGENDA ITEMS
There were no future agenda items added.

ADJOURN THE CITY COUNCIL MEETING
343
There being no further business, Mayor Moore adjourned the City Council Meeting at 7:21 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 7:22 p.m.

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

Trustee Nigg arrived at 7:22 p.m.

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 Carlos Marquez to approve the agenda as presented.

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

Absent: Dustin Nigg
4) CEMETERY CONSENT CALENDAR
Moved by Joseph Morabito; seconded by Carlos Marquez 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

4.1) May 8, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.

4.2) June 12, 2024 - City Council/Cemetery District Regular Minutes Approved the minutes as presented.
344

4.3) July 2024 Cemetery Warrant Register
Approved 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.

4.4) June 2024 Cemetery Treasurers Report
Approved the Treasurer's Report for June 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 7:22 p.m.

Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
345

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.3

Meeting Date: September 11, 2024
SUBJECT:

August 2024 Cemetery 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 08-08-2024 in the amount of $2,977.07.

2. Warrant Register dated 08-22-2024 in the amount of $270.00.

For Fiscal Year 2024/2025

1. Warrant Register dated 08-01-2024 in the amount of $7,905.80.

2. Warrant Register dated 08-08-2024 in the amount of $1,214.55.

3. Warrant Register dated 08-22-2024 in the amount of $1,659.76.

4. Warrant Register dated 08-29-2024 in the amount of $2,763.78.

SUMMARY:

August 2024 Cemetery Warrant Register

DISCUSSION:

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

FISCAL IMPACT:

These Warrant Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Years 2023/24 and 2024/25 Budgets.

ATTACHMENTS:

Aug 2024 Cemetery Warrant Register.pdf
346
08/08/2024
Voucher List
City of Wildomar
1 12:28:58PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218640 8/8/2024 000088 ACE HARDWARE 308002/3 CEMETERY DEPT SUPPLIES 15.49 525.38CEMETERY DEPT SUPPLIES308054/3
Total : 540.87
218641 8/8/2024 001692 AMAZON CAPITAL SERVICES 1MTX-DYPY-G37W CEMETERY DEPT SUPPLIES 284.53 Total : 284.53
218642 8/8/2024 000012 ELSINORE VALLEY MUNICIPAL, WATER DISTRICT13106483 06/16/24-07/16/24 CEMETERY WATER

SERVICE
2,151.67
Total : 2,151.67
Bank total : 2,977.07 3 Vouchers for bank code : wf
2,977.07Total vouchers :Vouchers in this report 3
347
08/22/2024
Voucher List
City of Wildomar
1 3:50:39PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218704 8/22/2024 001743 GOPHER SQUAD 000687 PEST CONTROL SERVICES 3/11/24 135.00 135.00PEST CONTROL SERVICES 5/28/24000719
Total : 270.00
Bank total : 270.00 1 Vouchers for bank code : wf
270.00Total vouchers :Vouchers in this report 1
348
08/01/2024
Voucher List
City of Wildomar
1 1:30:57PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218608 8/1/2024 002290 EMPIRE MOWERS INC. 73024 0000574 TURO TITAN MOWER 7,905.80 Total : 7,905.80
Bank total : 7,905.80 1 Vouchers for bank code : wf
7,905.80Total vouchers :Vouchers in this report 1
349
08/08/2024
Voucher List
City of Wildomar
1 12:29:51PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218643 8/8/2024 001692 AMAZON CAPITAL SERVICES 1HWJ-MPFT-7993 CEMETERY SUPPLIES 100.24 Total : 100.24
218644 8/8/2024 000367 CINTAS CORPORATION 5223347465 SD EYEWASH SERVICE AGREEMENT 201.97 Total : 201.97
218645 8/8/2024 000367 CINTAS CORPORATION 4200463348 STAFF UNIFORM & TOWEL MAINTENANCE 183.48 Total : 183.48
218646 8/8/2024 001338 DEANZA TERMITE & PEST CONTROL, INC651868B PEST CONTROL CEMETERY (07/10/24) 27.50 Total : 27.50
218647 8/8/2024 000186 RIGHTWAY 77799 (1) SEPTIC PUMP 21400 PALOMAR STREET 310.00 Total : 310.00
218648 8/8/2024 000094 STAUFFERS LAWN EQUIPMENT 372000 DEPARTMENTAL SUPPLIES 84.82 146.81DEPARTMENTAL SUPPLIES372565
Total : 231.63
218649 8/8/2024 001720 STERICYCLE, INC 8007866993B CONTRACTUAL SHREDDING SVC 110.52 Total : 110.52
218650 8/8/2024 000378 TEMECULA VALLEY PIPE & SUPPLY 637696 FACILITY MATERIAL 49.21 Total : 49.21
Bank total : 1,214.55 8 Vouchers for bank code : wf
1,214.55Total vouchers :Vouchers in this report 8
350
08/22/2024
Voucher List
City of Wildomar
1 3:51:02PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218705 8/22/2024 000367 CINTAS CORPORATION 4201499771 STAFF UNIFORM & TOWELL MAINTENANCE 180.49 Total : 180.49
218706 8/22/2024 001338 DEANZA TERMITE & PEST CONTROL, INC653937B 0000577 PEST CONTROL CEMETERY (08/13/24) 27.50 Total : 27.50
218707 8/22/2024 000186 RIGHTWAY 392378 (1) SEPTIC PUMP 21400 PALOMAR STREET 310.00 452.18(2) CEMETERY RESTROOM

MAINTENANCE/SERVIC
392389
Total : 762.18
218708 8/22/2024 000094 STAUFFERS LAWN EQUIPMENT 37391 CEMETERY EQUIPMENT 307.51 Total : 307.51
218709 8/22/2024 001258 SUNBELT RENTALS, INC. 157498316-0001B CEMETERY EQUIPMENT RENTAL 382.08 Total : 382.08
Bank total : 1,659.76 5 Vouchers for bank code : wf
1,659.76Total vouchers :Vouchers in this report 5
351
08/29/2024
Voucher List
City of Wildomar
1 3:15:16PM
Page:

Bank code : wf
Voucher Date Vendor Invoice PO # Description/Account Amount 218747 8/29/2024 001102 BEEGUYTRAVIS 2907 BEE REMOVAL SERVICES 395.00 Total : 395.00
218748 8/29/2024 001544 BROWN FAMILY SERVICES 2120 CEMETERY BACKHOE GENERAL REPAIR 430.36 Total : 430.36
218749 8/29/2024 000367 CINTAS CORPORATION 4202185129 STAFF UNIFORM & TOWEL MAINTENANCE 180.49 180.49STAFF UNIFORM & TOWELL MAINTENANCE4202897137
Total : 360.98
218750 8/29/2024 000367 CINTAS CORPORATION 9278037194 SD EYEWASH SERVICE AGREEMENT 141.38 141.38SD EYEWASH SERVICE AGREEMENT9282320100
Total : 282.76
218751 8/29/2024 000342 FENCE MASTERS 3202328 REPAIR (2) HOLES IN FENCES BEHIND WILDOM
420.00
Total : 420.00
218752 8/29/2024 000094 STAUFFERS LAWN EQUIPMENT 375073 DEPARTMENTAL SUPPPLIES (GAS CANS

EQUIMEN
219.63
Total : 219.63
218753 8/29/2024 000378 TEMECULA VALLEY PIPE & SUPPLY 638118B CEMETERY IRRIGATION 201.14 453.91CEMETERY IRRIGATION638119
Total : 655.05
Bank total : 2,763.78 7 Vouchers for bank code : wf
2,763.78Total vouchers :Vouchers in this report 7
352

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 4.4

Meeting Date: September 11, 2024
SUBJECT:

July 2024 Cemetery Treasurers Report
SUBMITTED BY:

Adam Jantz, Finance Manager
PREPARED BY:

Adam Jantz, Finance Manager

ACTION:

Approve the Treasurer’s Report for July 2024.

SUMMARY:

July 2024 Cemetery Treasurer's Report

DISCUSSION:

Attached is the Treasurer’s Report for Cash and Investments for the month of July 2024.

FISCAL IMPACT:

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

ACCOUNT CODE:
300-1011
301-1011

ATTACHMENTS:

July 2024 Cemetery Treasurer's Report.pdf
353

PERCENT

OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 301 $ 427,762.75 $ 427,762.75 $ 427,762.75 28.80% N/A 5.430% 300 $ 1,045,958.02 $ 1,045,958.02 $ 1,057,681.79 71.20% 891 4.590% $ 1,473,720.77 $ 1,473,720.77 $ 1,485,444.54 100.00%
+ + WITHDRAWALS/

BEGINNING DEPOSITS/ INTEREST SALES/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED MATURITIES BALANCE RATE 301 $ 425,803.07 $ - $ 1,959.68 $ - $ 427,762.75 5.430% 300 $ 1,043,148.00 $ - $ 2,810.02 $ - $ 1,045,958.02 4.590% $ 1,468,951.07 $ - $ 4,769.70 $ - $ 1,473,720.77 City Treasurer
In compliance with the California Code Section 53646, as City Treasurer for the Wildomar Cemetery District, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the District's expenditure requirements for the next six months.

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

Heidi Schrader 8/15/2024
Heidi Schrader Date
TOTAL

WILDOMAR CEMETERY DISTRICT

TREASURER'S REPORT FOR

CASH AND INVESTMENT PORTFOLIO
July 2024

DISTRICT INVESTMENT
ISSUER
ISSUER
TOTAL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT
354