Agenda packet — Wildomar City Council, November 13, 2024 (part 2 of 5)

ADDENDUM No. 1
For
Janitorial Services for City Facilities
October 10, 2024
The following amendments are made to the Plans and Bid Documents for the Janitorial Services for City Facilities
Item 1 – Response to Contractor Questions:

Question 1: Who is the current contractor?
Response: City Hall- Allied Universal Janitorial Services, Crystal Clean Maintenance. Parks- CBM
Question 2: What’s the current monthly cost?
Response: Allied Universal Janitorial Services – $1,600.00, Crystal Clean Maintenance $3,200.00 – CBM - $4,600.00.

Question 3: Are there advantages or requirements for woman or veteran owned status? Response: No.

Question 4: Who do we contact to gain approval for subcontracting? Response: List of subcontractors should be placed in Section G of the Bidding Documents.

Question 5: Can we use multiple sub-contractors?
Response: Yes.

Question 6: Is there an advantage or requirement for being a DIR Public Works Contractor?
Response: No, but this is a prevailing wage contract. DIR confirms that the bidder is fulling that requirement.

Question 7: Are there any other related tasks requiring a contractor’s license? Response: No.

Question 8: CBM currently provides some of these services today. Is this bid open due to the current contract expiring or another reason?
Response: The City is consolidating all janitorial services to be under one agreement. CBM’s agreement ended in October 2024.
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ADDENDUM NO. 1 MUST BE SIGNED AND RETURNED WITH PROPOSAL

Page 2 of 2 ends

Question 9: Do you have a schedule for the ad-hoc Special Event Janitorial Services and a list of locations?
Response: No. Lists are provided upon approval by City Council. Periodic updates are sent out due to event adjustments.

Question 10: What is the budget for this project?
Response: Community Services estimate services at $113,000.00 annually.

Question 11: What are the insurance requirements/parameters that must be met? Response: Requirements are listed in the RFP document under PART IV - Exhibit C.

Question 12: Are parks open in lieu of inclement weather? Response: All City Parks are open to the public regardless of weather conditions, park closures will be communicated to vendor as they occur.

Question 13: The award will be rewarded to ‘the lowest responsible bidder’. The term ‘responsible’ suggests there is a minimum quality standard which must be met. Are there any further details regarding these quality standards? Response: Relative importance in evaluating the proposals have been listed in Part II Bidding Documents of the RFP. The City may contact any proposer for clarification of a proposal, to solicit additional information, or for purposes of interviewing.

Question 14: Who will review quality and report infractions throughout the duration of the contract?
Response: The City’s Facility Contract Specialist.

Question 15: Windsong Park is missing trash bins on both dog bag dispenser stands.

Will these bins be replaced and if so what is the ETA?
Response: Not all dog bag dispenser stands have trash bins attached to the stand itself. There are no future plans to have additional trash bins installed at the parks.

Question 16: What expectations does the city have in relation to emergencies? Sick employees, car failures, etc.

Response: Such an occurrence should be communicated to Facilities Contract Specialist as soon as the vendor is aware of the unexpected attendance issue.

Vendor should have alternative methods to fulfill requested duties within a timely manner.

Approved By: DATE:

Daniel Torres, Community Services Director
Acknowledged By: DATE:

Proposer’s Signature
10/10/2024
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AGREEMENT FOR SERVICES
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and

UNIVERSAL BUILDING MAINTENANCE, LLC
dba

ALLIED UNIVERSAL JANITORIAL SERVICES
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AGREEMENT FOR SERVICES

BETWEEN

THE CITY OF WILDOMAR, CALIFORNIA
AND

UNIVERSAL BUILDING MAINTENANCE, LLC
This Agreement for Services (“Agreement”) is entered into as of this 13 day of November 2024 by and between the City of Wildomar, a municipal corporation (“City”) and Universal Building Maintenance., a Limited Liability Company (“Service Provider”).

City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by request for proposals the performance of the services defined and described particularly in Section 2 of this Agreement.

B. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.

D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for 1 year commencing on January 1, 2025.

SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that 349
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schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.

SECTION 3. ADDITIONAL SERVICES.

Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed one hundred forty thousand three hundred twenty two dollars and four cents ($140,322.04), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
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(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.

Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by service provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by 351
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Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.

All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.

SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not 352
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at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.

SECTION 9. STANDARD OF PERFORMANCE.

Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. 353
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Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.

SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.

SECTION 12. NONDISCRIMINATION.

Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.

SECTION 13. UNAUTHORIZED ALIENS.

Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.

Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is 354
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unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.

SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.

Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.

SECTION 16. INDEMNIFICATION.
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(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) to the extent caused by any negligent error or omission or willful misconduct of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), to the extent caused by negligence or willful misconduct in the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider.
(c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.

SECTION 17. INSURANCE.

Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved 356
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in writing by the City Manager.

SECTION 18. ASSIGNMENT.

The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.

SECTION 19. CONTINUITY OF PERSONNEL.

Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.

SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.

SECTION 21. DEFAULT.

In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider 357
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for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

SECTION 22. EXCUSABLE DELAYS.

Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

SECTION 23. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.

SECTION 24. NOTICES.

All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
To Service Provider: Universal Building Maintenance
1551 Tustin Ave
Suite 650
Santa Ana. CA. 92705
Notice shall be deemed effective on the date personally delivered or transmitted 358
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by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 25. AUTHORITY TO EXECUTE.

Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.

SECTION 26. ADMINISTRATION AND IMPLEMENTATION.

This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.

SECTION 27. BINDING EFFECT.

This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

SECTION 28. AMENDMENT.

No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.

SECTION 29. WAIVER.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 30. LAW TO GOVERN; VENUE.
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This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 32. ENTIRE AGREEMENT.

This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.

SECTION 33. SEVERABILITY.

If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 34. CONFLICTING TERMS.

Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control. 360
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales, CMC
City Clerk

APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney

UNIVERSAL BUILDING MAINTENANCE DBA ALLIED UNIVERSAL JANITORIAL

SERVICES
By: _________________________ By: _______________________________ Mark E. Olivas Name: ____________________________
President Secretary
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,

AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY

BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,

OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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.

STATE OF CALIFORNIA
COUNTY OF ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
362

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: _____________________________________
Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
363
EXHIBIT "A"

SCOPE OF SERVICES

SPECIFICATIONS FOR JANITORIAL SERVICES
Section A – General Provisions
Specifications are intended to establish an acceptable level of service. Cleaning frequencies are established as general guidelines; they are not to be construed as absolute. All items not specifically included but found to be necessary to properly clean the building shall be included as though written into these Specifications.

Contractor is advised that City facilities are frequently used for citywide meetings and special events, etc. and shall require additional services. Therefore, the Contractor shall assure a level of flexibility in staff scheduling so as to provide for servicing of all restrooms, offices, etc. Contractor will be notified of the scheduling by the Facility Contract Specialist.

Contractor shall be responsible for complying with all applicable safety and health regulations including, but not limited to, California Code of Regulations (CCR) Title 8, Section 32202 General Industry Safety Orders.

Contractor will be required to provide SDS sheets for every chemical utilized by their employees at the City Facilities.

Uniform is defined as a clean, long or short-sleeved (no sleeveless, or tanks tops) shirt with collar, worn with pants (no mid-calf, or short pants), with the company name on the shirt. All uniforms are to be of same color. Contractor is responsible for all uniforms and attire worn by custodial staff.

Contractor issued photo identification cards are to be worn on the uniform while each employee is working in any City facility.

Contractor will be required to implement a time tracking system for all janitorial employees with facility-specific time stamping. It is the contractor’s responsibility to select, purchase, and maintain the time-tracking system.

The Contractor is allowed to drive company vehicles in the Parks. All vehicles must be driven on designated paths of travel only. Vehicles are not allowed to be driven on turf or landscaping.
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At least one worker per crew shall be fluent in English. (speak, read and understand English).

The Contractor shall be responsible for instructing employees in utility conservation practices and shall operate in such a manner that precludes the waste of utilities. All lights and water must be turned off upon completion of daily services.

The disposal of all water and chemicals are to be properly drained into city designated drains. Mop buckets and chemicals are not to be emptied on sidewalk or planters.

This contract is overseen by the city’s Facility Contract Specialist. All correspondence regarding these requested services shall be made directed to this member of city staff.

No key issued to the Contractor by the City shall be duplicated. The Contractor shall develop procedures covering key control that will be included in their Quality Control plan.

Section B – Scope of Services
B-1 Entrances, Lobbies, and Corridors

1. Daily
a. Sweep bare floors and vacuum carpeted floor areas. Disinfect and polish metal doorknobs, push bars, kick plates, railings and other metal surfaces.

Clean spots and marks off walls, dust all surfaces within approximately 70 inches from the floor.
b. Floors shall be clean and free of trash and foreign matter. No dirt shall be left in corners, under furniture or behind doors. Carpets shall be clean and free from dust balls, dirt and other debris.
c. Metal surfaces shall be free of smears, stains and finger marks. They shall be clean and bright and polished to a uniform luster.
d. Smudges, marks or spots shall have been removed without causing unsightly discoloration. There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools.
e. Damp mop and spray buff all hard and resilient floors. Floors shall be free of streaks, mop strands marks and skipped areas. Walls, baseboards and other surfaces shall be free of splashing and markings from the equipment. The finished area should have a uniform luster. f. Clean both sides of entrance door glass and glass surrounding entrance doors within reach. All glass shall be clean and free of dirt, grime, dust, streaks, watermarks and spots and shall not be cloudy.
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2. Monthly
a. All grout lines shall be clean and free of stains and discoloration. b. Wash the interior windows in these areas.

3. Quarterly
a. Thresholds shall be clean and free of oil, grease, dirt and grime. b. Walls, baseboards and other surfaces shall be free of finish residue and marks from equipment. Floors shall be free of streaks, mop strand marks and skipped areas. The finished area shall have a uniform luster. c. Wash the exterior windows in these areas.

B-2 City Occupied Suites Cleaning
Includes all office areas, file rooms, conference rooms, kitchens / lunchrooms, locker rooms, Council Chambers, lounges, and the corridor space adjacent to these areas.

1. Daily
a. Empty wastebaskets and remove trash to designated disposal area. Clean washbasins and mirrors, as necessary; supply paper towels where dispensers are provided. Clean the areas used for the collection of solid wastes. Wash or steam clean all cans used for collection of food remnants, inside and out. No chemicals or cleaners shall be used without the prior written consent of the manager.
b. All recyclable waste disposed of in designated recycling bins throughout the buildings shall be collected and removed to an area designated by the City.
c. Thoroughly germ-clean kitchen and lunchroom floors including tables, chairs and counter tops with approved disinfectant.
d. All solid waste generated in the building shall be collected and removed to area designated for trash by the City.
e. Washbasins shall be clean and bright; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture. f. Clean interior of microwaves, sinks, ovens, stoves, refrigerators, and coffeepots.
g. Clean both sides of plate glass within the building. Glass shall be clean and free of dirt, dust, streaks, watermarks, spots and grime and shall not be cloudy. Cleaners shall be non-abrasive and special care shall be taken so that glass treatments (tinting) shall not be scratched. h. In office areas, file rooms, conference rooms, and lounge areas sweep floors, vacuum carpet and extend the sweep or vacuum to remove obvious dirt from around and under furniture. Remove gum from under desks and workstations. Carpet surfaces shall be free of obvious dirt, dust and other debris.
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i. The term carpet or carpeting is intended to include wall-to-wall carpeting as well as room size rugs and area rugs.
j. Floor surfaces shall be free of obvious dirt or debris. Sweep with a chemically treated mop.
k. Available horizontal surfaces shall be free of obvious dust. Dust all blinds. l. Dust with a treated dust cloth all horizontal surfaces that are readily available and visibly require dusting.
m. Carpet Spotting: Excessive buildup spillages or crusted material shall have been removed along with spots, smears and stains. There shall be no evidence of fizzing caused by harsh rubbing or brushing. Cleaned areas shall blend with adjacent areas of carpeting. Spot cleaning shall be done according to manufacture recommendations.
n. Floors shall be free of streaks, mop strand marks and skipped areas.

Walls, baseboards and other surfaces shall be free of splashings and markings from the equipment. The finished area shall have a uniform luster.

B-3 Restroom
NOTE: CLEANING TOOLS USED IN RESTROOMS SHALL NOT BE UTILIZED IN GENERAL OFFICE AND OTHER AREAS (i.e., rags, mops, sponges, gloves, etc.)

1. Daily
a. Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant. b. The floors shall be cleaned with a germicidal detergent solution and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.
c. Clean and sanitize all fixtures including metal and chrome surface - water closets, urinals, washbasins, shower stalls, mirrors, waste receptacles, shelving, dispensers and wall surfaces, utilizing a germicidal detergent solution.
d. All fixtures and metal surfaces (washbasins, urinals, toilets, shower stalls, etc.) shall be cleaned with an approved germicidal detergent solution; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture.
e. Empty waste receptacles, service/supplies, paper towel, soap, toilet paper and seat cover dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal.
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f. All supplies shall be provided and waste receptacles shall be emptied and sanitary napkin dispensers’ emptied, cleaned, disinfected and new bags inserted.
g. Smudges, marks or spots shall have been removed without causing unsightly discoloration. Wipe down high touch areas, such as, door handles, telephones, etc.
h. There shall be no dust streaks. Corners, crevices, moldings and ledges shall be free of all dust. There shall be no oils, spots or smudges on dusted surfaces caused by dusting tools.
i. Contractor is required to plunge any water closets that are clogged to the best of their abilities. Contractor must alert the City of any water closets still clogged after unsuccessfully trying to unclog said water closet.

2. Weekly
a. Floors shall be free of streaks, mop-strand marks and skipped areas. All walls, baseboards and other surfaces shall be free of splashing and markings from the equipment. The finished area should have a uniform luster.
b. Damp wiping the full surface area of all stall-partitions, doors, counter tops, shelves, and wastepaper receptacles utilizing a multipurpose germicidal cleaner without causing unsightly discoloration. c. All dirt, dust, water stains, spots, streaks, and smudges shall be removed from the surfaces.
d. Prime and treat floor drains with an approved liquid enzyme treatment to reduce odors and gas smells.

3. Monthly
a. Damp mop and wax all hard and resilient flooring. The finished area shall have a uniform luster. Walls, baseboards and other surfaces shall be free of residue.
b. All grout lines shall be free of all stains and discoloration.

4. Quarterly
a. Stripping: All old finish or wax shall have been removed. There shall be no evidence of gum, rust, burns or scuffmarks. There shall be no buildup in corners or crevices.
b. Finishing: Walls, baseboards and other surfaces shall be free of finish residue and marks from the equipment. Floors shall be free of streaks, mop strand marks and skipped areas.

B-4 Drinking Fountains

1. Daily
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a. The stainless-steel surface shall be clean and bright, and they shall be free of dust, spots, stains and streaks. Drinking fountains shall be kept free of trash, ink, coffee grounds etc.

B-5 Carpet Shampooing

1. Weekly
a. During the week, check and spot clean, corridors, lobbies, individual areas, conference rooms, and all other carpeted areas on the floors as needed. Spot clean as per manufacture recommendation.

2. Bi-Annually (Twice a Year)
a. Carpets in lobbies, entrances, elevator and corridor are to be shampooed during non-office hours.

B-6 Modular System Furniture and Upholstered Furniture

1. Monthly
a. Thoroughly vacuum to remove embedded dirt and dust.
b. Spot cleaning upholstered furniture with approved cleaner. c. Do not read or remove any materials left on desks, file cabinets, etc. d. Do not use computers or telephones for personal calls. e. Do not open drawers, doors, etc. of office furniture. f. Secure and check all doors and windows upon completion of cleaning operations and set security alarm system.

B-7 Interior Windows and Glass

1. Monthly
a. Wash interior building windows, including glass doors, and all plates around windows and glass.
b. Surfaces shall be clean and free of dust. Where glass is present, both sides shall be clean and free of streaks.

B-8 Exterior Windows
Exterior windows shall be cleaned during the following months:
• January
• April
• July
• October
B-9 High Cleaning

1. Monthly
a. Clean surfaces and objects in the buildings approximately 70 inches or more from the floor. This includes but is not limited to the wall and ceiling 369
area, ventilation and air conditioning outlets, top of partitions, pictures, plaques, file cases, bookcases, light fixtures, window seals etc.

B-10 Elevator

1. Daily
a. Metal surfaces shall be free of smears, stains and finger marks. They shall be clean and bright and polished to a uniform luster.
b. The area is to be vacuum carpet to remove obvious dirt.

B-11 City Hall Exterior Maintenance

1. Daily
a. Removal of all litter along building perimeter and northeastern parking lot. b. Trash receptacles to empties and liners replaced.

2. Monthly
a. Pressure washing of sidewalks and benches.

B-12 Pressure Washing of City Assets
Services include tasks and processes to ensure the city assets are cleaned and free of dirt and grim. Services are to be conducted with a hot water unit. Contractor shall provide equipment to transport water to each facility. City may provide water filling location upon advance scheduling with Facility Contract Specialist.

1. City Hall
a. Site is be addressed monthly.
b. Pressure Washing services shall address all sidewalks, benches and railings along the perimeter of building site.

2. Parks
a. Services are to be provided monthly.
b. Park Amenities to be addressed are, but not limited to: Picnic Tables, Steel Benches, Water Fountains, Playgrounds surfaces, Trash Cans, and Dog Bag Dispensers.
c. Gazebo and surrounding concrete surfaces are to addressed as-needed and upon request from city staff.
d. Pressure washing nozzles are to remain 10-12 inches away from any surface to prevent any damage of park amenities

3. On-Call Services
a. On-call services shall available and billed separately from standard city services.
b. On-call services are to include the removal of graffiti larger than 2 square feet of surface area.

B-13 Park Facilities

1. Trash Disposal
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a. Trash Receptacles: Remove/empty trash bags from receptacle, replace trash bags, and remove trash to a designated disposal area. (Liners are to be replaced daily)
i. Marna O’Brien – 11 receptacles
ii. Heritage Park – 5 receptacles
iii. Windsong Park – 3 receptacles
iv. Malaga Park – 2 receptacles
b. Each site in its entirety should be inspected for litter. Litter and debris are to be removed from each location. All sidewalks, picnic areas, playgrounds, shrub gardens, basketball courts, parking lots, bleachers, benches, turf and structures are to be free of all litter and debris. c. All trash accumulated from all park locations is to be disposed of in the Marna O’Brien Park dumpster located at the southern parking lot entrance.

2. Recycling Receptacles
a. Remove/empty recycling bags from receptacle, replace bags, and remove recyclables to a designated disposal area.
b. All accumulated recycling bags are to be disposed of in the Marna O’Brien Park dumpster location at the southern parking lot entrance. i. Marna O’Brien Park – 3 receptacles
ii. Heritage Park – 2 receptacles
iii. Windsong Park – 1 receptacle

3. Picnic Shelters/ Gazebos
a. Wipe down tables, sweep surrounding area, and dispose of the charcoal and clean the BBQ.
b. Spot cleaning of concrete surfaces to be free of grim and dirt.

4. Drinking Fountains
a. The stainless-steel surface shall be clean and bright, and they shall be free of dust, spots, stains and streaks
i. Marna O’Brien Park – 3 fountain units

5. Dog Bag Dispensers
a. Dispenser surface is be cleaned daily and free of any b. Dispensers are be refilled as needed.
c. Bags are to be supplied by contractor and to be form fitting to dispenser. i. Marna O’Brien Park – 3 dispensers
ii. Heritage Park – 2 dispensers
iii. Windsong Park – 2 dispensers

6. Bleachers and Benches
a. Area shall be cleaned daily to be free of dirt, litter including food debris and grim.
b. Surfaces shall be wiped down.
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7. Snack Bar and Building
a. Roll Up doors shall be swiped down streak free
b. Hard counters shall be swiped down daily and free of all dirt and grim. c. Sweep and wet mop or scrub interior floors utilizing a cleaner/ disinfectant weekly
d. All stainless-steel surfaces disinfected utilizing a germicidal detergent solution.

8. Playgrounds
a. Play structures are free debris and are to be blown free of all wood fiber material
b. Slides are to be free of streak marks.
c. Surrounding walkways are to be free of all litter, debris, and wood fiber. d. Graffiti is be removed with approved cleaners that will not damage surface of play equipment.
e. Vandalism is to be reported to Facilities Contract Specialist.

9. Restrooms
a. Sweep and wet mop or scrub floors utilizing a cleaner - disinfectant. b. All fixtures and metal surfaces (washbasins, urinals, toilets, shower stalls, etc.) shall be cleaned with an approved germicidal detergent solution; there shall be no dust, spots, stains, rust, green mold, encrustation, or excess moisture.
c. The floors shall be cleaned with a germicidal detergent solution and free of dirt, water streaks, mop marks, string, gum, grease, tar, etc., and present an overall appearance of cleanliness. All surfaces shall be dry and the corners clean.
d. Maintain all drains clean and clear of debris and grim. e. Clean and sanitize all fixtures including metal and chrome surface - water closets, urinals, washbasins.
f. Supply and refill hand soap solution for all dispensers. g. Empty waste receptacles, service/supplies, paper towel, soap, toilet paper and seat cover dispensers. Empty, clean and disinfect sanitary napkin receptacles; replace soiled bags with new ones. Collect soiled bags in separate containers for disposal.
h. Contractor is required to plunge any water closets that are clogged to the best of their abilities. Contractor must alert the city of any water closets still clogged after unsuccessfully trying to unclog said water closet. i. Weekly, all surfaces including ceilings should be cleared of dirt and debris. j. Monthly, all grout lines shall be free of all stains and discoloration.

10.Graffiti
a. All graffiti is to be reported to the city’s Facility Contract Specialist. b. Contractor will attempt to remove any graffiti within 2 square feet in size. 372
B-14 Special Events Janitorial Services

1. Provide onsite staff services during city sponsored events. a. Set up and breakdown of trash receptacles
b. Removal and replacement of trash and liners during the event. c. Pick up litter and debris produced during the event. d. Porter services to restroom when applicable for the duration of the event. i. Restrooms are be checked every half hour to ensure cleanliness. e. Upon completion of event, walk thru of site removing all remaining debris and litter.
f. Transport all debris to city designated dumpster upon completion of event.

Section C – Requirements for Supplies
SB 1383 requires jurisdictions (cities, counties, cities and counties, or special districts that provide solid waste collection services) to purchase recycled-content paper products that are recyclable.

1. Contractor must provide Product Vendor Certification a. Written documentation from the product vendor certifying:
i. The products are eligible to be labeled with an unqualified recyclable label, meaning that at least 60 percent of consumers or communities where the items are sold have access to recycling facilities for the products
ii. The minimum percentage, if not the exact percentage, of postconsumer material in the products

2. Recycled-Content Requirements
a. Paper products shall consist of at least 30 percent, by fiber weight, of postconsumer recycled content fiber, except as specified below:
i. Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber
ii. Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
iii. Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber
iv. Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber
v. General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber
vi. Food service ware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at 373
least 40 percent, by fiber weight, postconsumer recycled content fiber.

3. These minimum postconsumer recycled content fiber requirements are required when:
a. Available at no greater cost than non-recycled products, and b. Fitness and quality are equal to non-recycled products Section D - City Observed Holidays
The following days are recognized and observed holidays:

1. New Year's Day (January 1)

2. Martin Luther King Jr. Day

3. Presidents' Day

4. Memorial Day

5. Independence Day (July 4)

6. Labor Day

7. Veterans Day (November 11)

8. Thanksgiving Day

9. Day after Thanksgiving Day

10.Each working day of the last calendar week of each calendar year, commencing December 24 and ending December 31
Section E – Hours of Services
E-1 City Hall Common Area

1. Day Porter Services
a. Services shall be conducted from the hours of 5:00am – 10:00am b. Service days are Monday – Friday excluding city holidays. c. Services are to be provided during the last of week of December.

E-2 City occupied suites

1. Non-Business Hours Services
a. Services shall be conducted between the hours of 7:00pm – 10:00pm b. Service days are Monday – Friday excluding city holidays.

E-3 Wildomar Cemetery Buildings

1. Non-Business Hours Services
a. Services shall be conducted from 4:00pm – 7:00pm
b. Service days are Monday – Friday excluding city holidays 374
E-4 Park Services

1. Services are to be conducted between the hours of 6:00am – 10:00am

2. Services are to be conducted daily including weekends and holidays

3. Marna O’Brien Park is to receive a secondary service between 3:00pm – 5:00pm

4. All pressure washing services are to be conducted between 6:00am and 3:00pm. 375
EXHIBIT "B"

COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:

FY 24/25 FY 25/26
A Janitor $32.00/hr. $33.00/hr.

B. Emergency Services $38.00/hr. $38.00/hr.

C. Pressure Washing Services $85.00/hr. $85.00/hr.

D. Supervisor $38.00/hr. $38.00/hr.

E. Day Porter $32.00/hr. $33.00/hr.

F. Material Mark Up Rate 10% 10%
FY 24/25 FY 25/26
City Hall $31,741.80 $31,741.80
Marna O’Brien Park $9,986.94 $9,986.94
Regency Heritage Park $5,577.24 $5,577.24
Windsong Park $5,577.24 $5,577.24
Malaga Park $5,577.24 $5,577.24
Wildomar Cemetery District $4,150.56 $4,150.56
Special Event $1,200.00 $1,200.00
Supplies (City Hall) $3,000.00 $3,000.00
Supplies (Cemetery) $400.00 $400.00
Supplies (Parks) $2,000.00 $2,000.00
Callouts $950.00 $950.00
• Special Events allocation are based on hourly rate for 14 events a calendar year with an average of 5 hours per event.
• Callouts allocations are based on an hourly rate for an estimated 1 callout per month for an average of 4 hours per callout.

II. Service Provider may utilize sub-contractors as indicated in this Agreement.

No Sub-contractors are indicated for the completion of the services described in the scope of services.

IV. The total compensation for the Services shall not exceed $140,322.04, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 376
Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.

SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits of $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit of $2,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit of $2,000,000 per occurrence or claim, $2,000,000 aggregate. Professional Liability may be combined with Commercial General Liability limits. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to Service Provider’s contractual liability arising out of work or operations performed by or on behalf of the Service Provider including 377
materials, parts, or equipment furnished in connection with such work or operations up to the contractually required limits. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.

Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.

Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City.

Verification of Coverage
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Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them.

Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 379

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.11
Meeting Date: November 13, 2024
SUBJECT: Homeless Services Memorandum of Understanding (MOU) with City of Murrieta
SUBMITTED BY: Raul Berroteran, Code Enforcement Manager PREPARED BY: Raul Berroteran, Code Enforcement Manager
ACTION:

Authorize the City Manager to execute a Memorandum of Understanding (Attachment A) for Professional Services between the City of Murrieta and the City of Wildomar. This agreement, detailed in Attachment A, will establish a month-to-month arrangement for providing unhoused outreach services.

BACKGROUND:

This MOU establishes a collaborative framework to tackle the pressing issue of homelessness affecting both communities in Riverside County. The agreement outlines key areas of cooperation, including the formation of joint outreach teams, information sharing, and a coordinated strategy for Homeless Outreach Services. The goal is to achieve functional zero homelessness, meaning that there will be available beds for anyone in need. In a recent meeting, representatives from both cities agreed to a month-to-month MOU, anticipating the involvement of additional local agencies in the Homeless Alliance Program. A longer-term MOU proposal will be presented once the City of Menifee joins this initiative.

The recent allocation of a $12 million grant for homeless collaboration further strengthens this partnership. It enhances existing programs, fosters a seamless support network, and promotes a compassionate response to homelessness. Additionally, this collaboration opens up new funding opportunities and supports the efficient use of resources across both communities.

Approval of this MOU by the City Council is recommended as a proactive and unified approach to addressing homelessness in our region.

DISCUSSION:

The proposed Memorandum of Understanding (MOU) between the City of Wildomar and the City of Murrieta establishes a collaborative framework to address homelessness through targeted areas of cooperation. Key components include the formation of joint outreach teams, enhanced informationsharing mechanisms, and a unified approach to delivering services for individuals experiencing homelessness. By building on each city's strengths and integrating existing programs and resources, this MOU aims to create a seamless support network for homeless individuals and families. The collaborative efforts outlined are designed to amplify the impact of Homeless Outreach Services and foster a united response to homelessness within our communities.
380
FISCAL IMPACT:

The fiscal impact of this agreement is approximately $20,039.21 per month, resulting in an estimated annual cost of $240,470.58 for Fiscal Year 2024/2025. This amount was already incorporated into the FY2024-25 Amended Budget. It is important to note that the actual financial burden on Wildomar may be mitigated by multiple grant funds, potentially reducing the overall maximum expenditure.

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

Attachment A Clean New MOU w Wildomar.pdf
Attachment B original MOU.pdf
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01375.0022/1022279.1

ATTACHMENT A
Homeless Services MOU w-Murrieta
382
01375.0022/1022279.1 01375.0022/944115.1 1

MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS

PROGRAMS AND SERVICES
This MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS PROGRAMS AND SERVICES (“MOU”) is made and entered into this day of , November 13, 2024 by and between the City of Murrieta, a municipal corporation (“Murrieta”) and the City of Wildomar, a municipal corporation (“Wildomar”). Murrieta and Wildomar may be referred to herein individually as a “Party” or collectively as the “Parties.”

RECITALS
A. Murrieta has developed a comprehensive Homeless Services Program that includes homeless outreach, case management, encampment clean up, and emergency sheltering services, designed to provide homeless programs and services within its city corporate boundaries.

B. Murrieta has entered into certain Agreements for such programs with Kingdom Causes, Inc. dba City Net, a California nonprofit corporation (“City Net”) for street outreach and case management services and God’s Fan Club dba Project Touch, a California nonprofit corporation (“Project Touch”) for emergency sheltering services.

C. Murrieta has served as a lead agency to develop a multi-jurisdictional collaborative named the Regional Homeless Alliance that focuses on addressing homeless programs and services on a regional basis through shared resources and programming.

D. The Parties desire to increase collaboration by utilizing shared services within these existing Agreements through this MOU.

AGREEMENT

1. Homeless Services
Concurrent with the Effective Date of this MOU, Murrieta hereby agrees to provide assistance to Wildomar in an effort to replicate its current Responsible Compassion homeless services program to increase regional collaboration and share homeless services program costs.

During the term of this MOU, Murrieta will make services available under existing agreements with City Net and various other contractors for homeless street outreach and case management services, emergency sheltering services, encampment clean up services, and other services as described in Exhibit A. On a month-to-month basis, street outreach services equivalent to 1.5 days per week will be provided to Wildomar along with case management services at the emergency shelter.

2. Term of MOU
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01375.0022/1022279.1 01375.0022/944115.1 2
The term of this MOU shall be month-to-month from the Effective Date, unless terminated as provided herein.

3. Compensation to Murrieta
Wildomar shall be responsible for reimbursing Murrieta for costs as described in Exhibit A. Murrieta will invoice for payment with detailed invoices for street outreach and case management, and emergency sheltering. Additionally, a ten percent (10%) administrative fee will be charged for services. Wildomar shall, within 30 days of receipt of invoice from Murrieta pay all charges thereon. The compensation for the services shall be at the rates set forth in Exhibit A attached hereto and incorporated herein by reference and shall not exceed Twenty Thousand, Thirty-Nine dollars and Twenty-one cents ($20,039.21) per month. Murrieta, in its sole discretion, will make available a portion of grant funds secured through a variety of means, including, but not limited to, Housing and Homeless Incentive Program, Department of Health and Human Services Substance Abuse and Mental Health Services Administration funds, and American Rescue Plan Act funds, to subsidize overall monthly costs. Grant funds will be applied to the monthly invoice. Murrieta does not guarantee the ongoing availability of any grant funds.

4. Indemnity

4.1 Neither Wildomar nor any officer or employee of Wildomar shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Murrieta under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Murrieta under this MOU. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Murrieta shall fully indemnify, defend and hold Wildomar harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Murrieta under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Murrieta under this MOU.

4.2 Neither Murrieta nor any officer or employee of Murrieta shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of Wildomar under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Wildomar under this MOU. It is also understood and agreed that, pursuant to Government Code, Section 895.4, Wildomar shall fully indemnify, defend and hold Murrieta harmless from any liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of any acts or omissions on the part of Wildomar under or in connection with any work, authority or jurisdiction delegated to or determined to be the responsibility of Wildomar under this MOU.

5. Termination
Either Party may terminate the whole or any part of this MOU at any time and without cause by giving written notice to the other Party of such termination, and specifying the effective 384
01375.0022/1022279.1 01375.0022/944115.1 3
date thereof, at least ten (10) days before the effective date of such termination. Upon termination, Wildomar shall be obligated to pay Murrieta for those Wildomar Services which have been rendered prior to the date. Upon termination, any data collected through street outreach, case management, or emergency sheltering services shall be turned over to Wildomar within a responsible timeframe. All personal property collected through homeless encampment clean ups shall be picked up by Wildomar, and Murrieta’s liability for such personal property shall cease.

6. Notices

6.1 Written Notice. All written notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address as set forth below:

Murrieta City of Murrieta
Attn: City Manager
Re: MOU for Homeless Services
1 Town Square
Murrieta, CA 92562
Wildomar City of Wildomar
Attn: City Manager
Re: MOU for Homeless Services
23873 Clinton Keith Road
Suite 110
Wildomar, CA 92595

7. Miscellaneous

7.1 Entire MOU; Amendments. This MOU constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendment to this MOU must be in writing and executed by both Parties.

7.2 Responsibility for additional agreements on behalf of Wildomar. Wildomar shall enter into a separate agreement with Project Touch for emergency shelter services for a maximum of four beds, based upon the same rates as currently exists between Murrieta and Project Touch.

Murrieta will invoice for such services. Additionally, should Wildomar desire to utilize Murrieta’s existing agreements for encampment clean up services, Wildomar shall enter into agreements with those contractors. Services that are supervised by Murrieta employees will be invoiced by Murrieta, and the administrative fee will apply.

7.3 Responsibility for additional purchases on behalf of Wildomar. At a future, mutually agreed time, Wildomar shall purchase a storage container, commonly known as a Conex box, for the storage of personal property collected during homeless encampment clean ups within Wildomar. Storage container shall be located within the city limits of Wildomar, and Parties shall have access to such facility. Until this storage container is purchased, Parties agree to 385
01375.0022/1022279.1 01375.0022/944115.1 4
utilize the current storage container located at the Murrieta Public Works Yard.

7.4 Governing Law. This MOU shall be governed by the laws of the State of California without regard to choice of law rules.

7.5 Authority to Execute. Any individual executing this MOU on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of such Party, and this MOU is binding upon such Party in accordance with its terms.

7.6 Counterparts. This MOU may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

7.7 No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this MOU by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

7.8 Force Majeure. With respect to any provisions of this MOU, the violation or noncompliance of any term of this MOU which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control.

7.9 Limitation of Liability. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

7.10 Time is of the Essence. Time is of the essence with regard to the performance of all of Wildomar’s and Murrieta’s obligations under this MOU. [SIGNATURES ON NEXT TWO (2) PAGES]
386
01375.0022/1022279.1 01375.0022/944115.1 5
WILDOMAR’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF WILDOMAR, CALIFORNIA
By:

Daniel A. York, City Manager
ATTEST:

By:

Janet Morales, City Clerk
APPROVED AS TO FORM:

By:

Thomas Jex, City Attorney
387
01375.0022/1022279.1 01375.0022/944115.1 6
MURRIETA’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF MURRIETA, CALIFORNIA
By:

Kim Summers, City Manager
ATTEST:

By:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

By:

Tiffany Israel, City Attorney
388
01375.0022/1022279.1

EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memorandum of Understanding
for Collaborative Homeless Programs and Services between Cities of Murrieta and Wildomar
ASSUMPTIONS: To increase regional homeless services collaboration and reach the goal of functional zero homelessness, Wildomar and Murrieta will consider expanding the existing Responsible Compassion homeless services program.

Wildomar and Murrieta will enter into a month-to-month Memorandum of Understanding (MOU) for Wildomar to purchase the equivalent of

1.5 days of Murrieta's existing agreement with City Net for street outreach and case management services. As Murrieta considers expanding the terms of its existing agreements for services, a longer termed MOU will be considered if mutually agreeable.

Wildomar recognizes that Murrieta's agreements with service providers Project Touch and City Net will be renegotiated in the near future from monthly agreements to annual. Costs may increase according to standard CPI adjustments.

Regularstatus meetings will be scheduled.

SCOPE OF SERVICES: During the term of this MOU, the City of Murrieta will coordinate the following services on behalf of the City of Wildomar: street outreach and case management services, emergency sheltering services, diversion services, and other services with the goal of functional zero homelessness between the two cities. Functional zero homelessness is defined as all services leading to a bed available for any individual desiring to reach housing sustainability.

Murrieta Commits to: Wildomar Commits to:

Administering and coordinating all homeless services with assistance from Wildomar staff. All protocols for street outreach, case management, and other processes will be shared and replicated.

Entering into a separate agreement with Project Touch for sheltering services utilizing Murrieta's existing agreement and funding structure.

Ensure data entry (including HMIS) and creation of by-name list.

A good faith effort to site an emergency, transitional, or other type of homeless shelter specific to the Wildomar community in the future.

Murrieta to provide a social media campaign through Responsible Compassion Facebook page.

At a mutually agreeable time, purchase and select a site for a storage/Conex box for clean-up and storage of personal items located at encampments Murrieta may serve, if delegated authority, to represent Wildomar on Riverside County's Continuum of Care.

Communicating with the Riverside County Sheriff's Department its commitment to the Responsible Compassion homeless services framework.

Murrieta will begin researching new grant opportunities as a collaboration. Duplicating Murrieta's 602-No Trespass protocols and processes.

Approximate Murrieta staff time: Management Analyst @ 16 hrs per month; Director of Community Services @ 4 hrs per month.

Wildomar to piggyback on Murrieta's existing encampment clean up agreements and allocate a sufficient annual budget for these services.

Wildomar to establish a homeless diversion program (ie., transportation) 389
01375.0022/1022279.1

EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memorandum of Understanding
for Collaborative Homeless Programs and Services between Cities of Murrieta and Wildomar

COSTS TOTAL APPROXIMATE COST NOTES
Street Outeach & Case Management
Murrieta's monthly costs for City Net - Total services $32,632.34 Per month Divided by 30 days in typical month $1,087.74 Per day
Multiplied by 1.5 days $1,631.62 Per week - Wildomar's commitment Total Wildomar responsibility per month $6,526.47 Per month - maximum Wildomar's commitment Sheltering
Assumption: $50/night per bed $6,000.00 Cap of 4 beds per night Assumption: $20/day food $2,400.00 Cap of 4 individuals per day Share of utilities $285.00 1/4 of utilities - monthly
Total Wildomar responsibility per month $8,685.00 Per month - maximum Wildomar's commitment Total Maximum Share $15,211.47 Monthly
Murrieta Staff $3,306.60 Monthly
Murrieta Administrative fee $1,521.15 10%
OVERALL MAX. WILDOMAR SHARE * $20,039.21 Month ANNUAL TOTAL: $240,470.58 Administrative Fee: Assuming 10% overall cost
602 No trespassing processes
Finance billing, Murrieta's attorney costs, administering bus diversion program, City vehicles, gas, risk management.

Does not include: Wildomar's internal costs (ie., attorney, public safety, billing, etc.) * Multiple grant funds will reduce the overall maximum Wildomar share 390

ATTACHMENT A
Homeless Services MOU w-Murrieta
391
01375.0022/944115.1 1

MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS

PROGRAMS AND SERVICES
This MEMORANDUM OF UNDERSTANDING FOR COLLABORATIVE HOMELESS PROGRAMS AND SERVICES (“MOU”) is made and entered into this 14th day of February, 2024 (“Effective Date”) by and between the City of Murrieta, a municipal corporation (“Murrieta”) and the City of Wildomar, a municipal corporation (“Wildomar”). Murrieta and Wildomar may be referred to herein individually as a “Party” or collectively as the “Parties.”

D. The Parties desire to increase collaboration by utilizing shared services within these existing Agreements through this MOU.

AGREEMENT

During the term of this MOU, Murrieta will make services available under existing agreements with City Net and various other contractors for homeless street outreach and case management services, emergency sheltering services, encampment clean up services, and other services as described in Exhibit A. For the initial term of the agreement, street outreach services equivalent to 1.5 days per week will be provided to Wildomar along with case management services at the emergency shelter.

2. Term of MOU
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01375.0022/944115.1 2
The term of this MOU shall be for a period of six months from the Effective Date, unless terminated as provided herein. The term of this MOU may be extended by mutual agreement of the Parties. After the six month term, Parties will revisit compensation and scope of work to ensure it is equitable for Parties.

4. Indemnity

5. Termination
Either Party may terminate the whole or any part of this MOU at any time and without cause by giving written notice to the other Party of such termination, and specifying the effective 393
01375.0022/944115.1 3
date thereof, at least ten (10) days before the effective date of such termination. Upon termination, Wildomar shall be obligated to pay Murrieta for those Wildomar Services which have been rendered prior to the date. Upon termination, any data collected through street outreach, case management, or emergency sheltering services shall be turned over to Wildomar within a responsible timeframe. All personal property collected through homeless encampment clean ups shall be picked up by Wildomar, and Murrieta’s liability for such personal property shall cease.

6. Notices

7. Miscellaneous

7.2 Responsibility for additional agreements on behalf of Wildomar. Within forty-five (45) days following execution of this MOU Wildomar shall enter into a separate agreement with Project Touch for emergency shelter services for a maximum of four beds, based upon the same rates as currently exists between Murrieta and Project Touch. Murrieta will invoice for such services. Additionally, should Wildomar desire to utilize Murrieta’s existing agreements for encampment clean up services, Wildomar shall enter into agreements with those contractors.

Services that are supervised by Murrieta employees will be invoiced by Murrieta, and the administrative fee will apply.

7.3 Responsibility for additional services on behalf of Wildomar. Wildomar shall establish dedicated funds for homeless diversion services. Such services include, but are not limited to, the cost of transportation of an individual back to family support away from 394
01375.0022/944115.1 4
Wildomar. In most cases, this service will be completed through the lowest cost transportation available purchase of a bus ticket.

7.4 Responsibility for additional purchases on behalf of Wildomar. At a future, mutually agreed time, Wildomar shall purchase a storage container, commonly known as a Conex box, for the storage of personal property collected during homeless encampment clean ups within Wildomar. Storage container shall be located within the city limits of Wildomar, and Parties shall have access to such facility. Until this storage container is purchased, Parties agree to utilize the current storage container located at the Murrieta Public Works Yard.

7.5 Governing Law. This MOU shall be governed by the laws of the State of California without regard to choice of law rules.

7.6 Authority to Execute. Any individual executing this MOU on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of such Party, and this MOU is binding upon such Party in accordance with its terms.

7.7 Counterparts. This MOU may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

7.8 No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this MOU by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

7.9 Force Majeure. With respect to any provisions of this MOU, the violation or noncompliance of any term of this MOU which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control.

7.10 Limitation of Liability. Neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.

7.11 Time is of the Essence. Time is of the essence with regard to the performance of all of Wildomar’s and Murrieta’s obligations under this MOU. [SIGNATURES ON NEXT TWO (2) PAGES]
395
01375.0022/944115.1 5
WILDOMAR’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF WILDOMAR, CALIFORNIA
By:_____________________________________
Daniel A. York, City Manager
ATTEST:

By:______________________________________
Janet Morales, City Clerk
APPROVED AS TO FORM:

By:______________________________________
Thomas Jex, City Attorney
396
01375.0022/944115.1 6
MURRIETA’S SIGNATURE PAGE
FOR

MEMORANDUM OF UNDERSTANDING FOR COLLABERATIVE HOMELESS

PROGRAMS AND SERVICES
IN WITNESS WHEREOF, the Parties hereto have executed this MOU as of the Effective Date.

CITY OF MURRIETA, CALIFORNIA
By:_____________________________________
Kim Summers, City Manager
ATTEST:

By:______________________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:

By:______________________________________
Tiffany Israel, City Attorney
397

EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memoradum of Understanding
for Collaberorative Homeless Programs and Services
between Cities of Murrieta and Wildomar
ASSUMPTIONS:

SCOPE OF SERVICES:

Murrieta Commits to:

Communicating with the Riverside County Sheriff's Department its commitment to the Responsible Compassion homeless services framework.

Entering into a separate agreement with Project Touch for sheltering services utilizing Murrieta's existing agreement and funding structure.

A good faith effort to site an emergency, transitional, or other type of homeless shelter specific to the Wildomar community in the future.

Murrieta will begin researching new grant opportunities as a collaberation.

Murrieta to provide a social media campaign through Responsible Compassion Facebook page.

At a mutually agreeable time, purchase and select a site for a storage/conex box for clean up and storage of personal items located at encampments Duplicating Murrieta's 602-No Trespass protocols and processes.

Wildomar to piggyback on Murrieta's existing encampment clean up agreements and allocate a sufficient annual budget for these services.

Wildomar to establish a homeless diversion program (ie., transportation) Approximate Murrieta staff time: Management Analyst @ 16 hrs per month; Director of Community Services @ 4 hrs per month.

Ensure data entry (including HMIS) and creation of by-name list.

Administering and coordinating all homeless services with assistance from Wildomar staff. All protocols for street outreach, case management, encampment clean up, and other processes will be shared and replicated.

Murrieta may serve, if delegated authority, to represent Wildomar on Riverside County's Continuum of Care.

To increase regional homeless services collaberation and reach the goal of functional zero homelessness, Wildomar and Murrieta will consider expanding the existing Responsible Compassion homeless services program.

Regular status meetings will be scheduled.

During the term of this MOU, the City of Murrieta will coordinate the following services on behalf of the City of Wildomar: street outreach and case management services, emergency sheltering services, encampment clean up services, diversion services, and other services with the goal of functional zero homelessness between the two cities. Functional zero homelessness is defined as all services leading to a bed available for any individual desiring to reach housing sustainability.

Wildomar Commits to:

Wildomar and Murrieta will enter into a short term, 6-month Memoradum of Understanding (MOU) for Wildomar to purchase the equivalent of 1.5 days of Murrieta's existing agreement with City Net for street outreach and case management services. As Murrieta considers expanding the terms of its existing agreements for services, a longer termed MOU will be considered if mutually agreeable.

Wildomar recognizes that Murrieta's agreements with service providers Project Touch and City Net will be renogotiated in the near future from monthly agreements to annual. Costs may increase according to standard CPI adjustments. 398

EXHIBIT A

REGIONAL HOMELESS ALLIANCE
Memoradum of Understanding
for Collaberorative Homeless Programs and Services
between Cities of Murrieta and Wildomar
COSTS
Street Outeach & Case Management
$32,632.34 Per month
$1,087.74
$1,631.62
Total Wildomar responsibility per month $6,526.47 Per month - maximum Wildomar's commitment Sheltering
Assumption: $50/night per bed $6,000.00
Assumption: $20/day food $2,400.00
Share of utilities $285.00
Total Wildomar responsibility per month $8,685.00
$15,211.47
Murrieta Staff $3,306.60 Monthly
Murrieta Administrative fee $1,521.15
OVERALL MAX. WILDOMAR SHARE *$20,039.21 Month ANNUAL TOTAL:

Administrative Fee:

Total Maximum Share Monthly
$240,470.58
Assuming 10% overall cost
10%
* Multiple grant funds will reduce the overall maximum Wildomar share NOTES
Does not include: Wildomar's internal costs (ie., attorney, public safety, billing, etc.) Finance billing, Murrieta's attorney costs, administering bus diversion program, City vehicles, gas, risk management. 602 No trespassing processes

TOTAL APPROXIMATE COST
Multiplied by 1.5 days
Murrieta's monthly costs for City Net - Total services
Cap of 4 beds per night
Cap of 4 individuals per day
1/4 of utilities - monthly
Per day
Per week - Wildomar's commitment
Divided by 30 days in typical month
Per month - maximum Wildomar's commitment
399

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.12
Meeting Date: November 13, 2024
SUBJECT: Amendment No. 1 to Agreement for On-Call Services with TKE Engineering, Inc.

SUBMITTED BY: Jason Farag, Public Works Director
PREPARED BY: Jason Farag, Public Works Director
ACTION:

Authorize the City Manager to execute the First Amendment to the On-Call Services Agreement with TKE Engineering, Inc.

SUMMARY:

TKE Engineering has requested a rate increase for their Senior Inspector classification, to match the corresponding wage rate increases established by the Department of Industrial Relations for Construction Inspectors.

BACKGROUND:

On October 14, 2020, the City of Wildomar and TKE Engineering, Inc. (TKE), entered into an Agreement for On-Call Services (Agreement). TKE is a Civil Engineering consultant and provides related services. The Scope of Services included in the Agreement includes Project Management, Design Engineering, Land Surveying, Construction Administration, Construction Inspection, and Development Services.

DISCUSSION:

The City recently requested TKE provide Construction Inspection services due to a current vacancy in the City's Public Works Inspector position. TKE is currently providing these services until the City can fill the position full-time. Prevailing wage requirements require that all workers employed on public works projects must be paid the prevailing wage determined by the Director of the Department of Industrial Relations, according to the type of work and location of the project. The prevailing wage rates are usually based on rates specified in collective bargaining agreements. Construction Inspection is identified as a classification that requires prevailing wage rates to be paid. Therefore, consultants providing inspection services to the City are required to pay prevailing wages to applicable construction inspection employees.

The hourly rates included in the existing Agreement are based on TKE's 2017-2018 rate schedule and the rates have not been increased or adjusted since approval of the Agreement.

Below is a summary of the prevailing wage rates for Construction Inspectors at the beginning of FY 2017/2018, the current prevailing wage rate, and the percent change or difference in the rates.

July 2017 Rate - $70.30 per hour
November 2024 Rate - $95.29 per hour
400
Percent Increase - 35.5%
The City has not historically used TKE for Construction Inspection services. However, now that the City has requested that TKE provide these services, TKE has requested a rate adjustment for just the Senior Construction Inspection position consistent with the increase in prevailing wage rates. A First Amendment to the Agreement (First Amendment) has been prepared to reflect the rate increase for the Senior Construction Inspector and Construction Inspector classifications, from $100 per hour and $95 per hour to $136 per hour and $131 per hour, respectively.

Staff recommends that the City Council authorize the City Manager to execute the First Amendment with TKE.

FISCAL IMPACT:

The proposed rate increase will increase the City costs for the various inspection services that are provided. Construction Inspection services are paid for through a variety of funding sources including developer fees/deposits and Capital Improvement Project budgets. Some inspection services, such as miscellaneous right-of-way inspections and some NPDES inspections, are not covered by fees and are budgeted from either the Gas Tax or the General Fund. However, no budget adjustments are anticipated to be necessary at this time.

ATTACHMENTS:

A - First Amendment
401

FIRST AMENDMENT TO

AGREEMENT FOR ON-CALL SERVICES
by and between
the

CITY OF WILDOMAR
and
TKE ENGINEERING, INC.

Dated November 13, 2024
402

FIRST AMENDMENT TO AGREEMENT FOR ON-CALL SERVICES
This First Amendment to Agreement for On-Call 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 TKE ENGINEERING, Inc., a Civil Engineering Consultant (“Service Provider”), as follows:

RECITALS
A. City and Service Provider entered into an agreement for On-Call Services on October 14th, 2020 (“Agreement”). The Agreement provides that Service Provider will provide on-call engineering services for the City as described in Exhibit A, Scope of Services of the original Agreement.

B. Section 4 of the Agreement provides that City agrees to pay Service Provider the amounts specified in Exhibit B, Compensation (TKE Engineering, Inc. Rate Schedule).

C. This First Amendment amends Section 4 by modifying Exhibit “B”, Compensation (TKE Engineering, Inc. Rate Schedule).

OPERATIVE PROVISIONS
Now, therefore, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which amends the Agreement as follows:

1. Exhibit B to the Agreement, “Compensation” (TKE Engineering, Inc. Rate Schedule), is hereby replaced with the Rate Schedule attached hereto as Attachment A and incorporated herein.

GENERAL PROVISIONS

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. 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.

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. 403

4. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment.

5. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment.

IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be executed on the date and year first above written.

CITY
By:_____________________________
Dan York, City Manager
ATTEST:
______________________________
Janet Morales, City Clerk

APPROVED AS TO FORM
______
Thomas D. Jex, City Attorney

SERVICE PROVIDER

TKE ENGINEERING
By:_____________________________
Name:________________________
Title: _________________________
By:_____________________________
Name:________________________
Title: _________________________
404

ATTACHMENT A

REVISED COMPENSATION SCHEDULE
405
Revised November 2024
TKE ENGINEERING, INC.

RATE SCHEDULE
2017-2018
HOURLY

ENGINEERING SERVICES RATE
Principal in Charge .. .......... ........... .......... .......... ........... .......... .......... ........... $142.00 Project Manager ...... .......... ........... .......... .......... ........... .......... .......... ........... $126.00 Senior Engineer ....... .......... ........... .......... .......... ........... .......... .......... ........... $115.00 Project Engineer (PE) ........ ........... .......... .......... ........... .......... .......... ........... $110.00 Associate Engineer . .......... ........... .......... .......... ........... .......... .......... ........... $105.00 Assistant Engineer .. .......... ........... .......... .......... ........... .......... .......... ........... $100.00 Designer ....... .......... .......... ........... .......... .......... ........... .......... .......... ........... $100.00 AutoCAD Technician .......... ........... .......... .......... ........... .......... .......... ........... $ 95.00 Engineering Technician ..... ........... .......... .......... ........... .......... .......... ........... $ 73.00 Clerical ......... .......... ......... ........... .......... .......... ........... .......... .......... ........... $ 68.00

PLAN CHECKING SERVICES
Senior Plan Checker .......... ........... .......... .......... ........... .......... .......... ........... $130.00 Plan Checker .......... .......... ........... .......... .......... ........... .......... .......... ........... $120.00 Plan Check Technician ...... ........... .......... .......... ........... .......... .......... ........... $ 73.00

SURVEYING SERVICES
Senior Surveyor ....... .......... ........... .......... .......... ........... .......... .......... ........... $126.00 2-Man Survey Crew .......... ........... .......... .......... ........... .......... .......... ........... $220.00

CONSTRUCTION SERVICES
Construction Services Manager ..... .......... .......... ........... .......... .......... ........... $126.00 Assistant Construction Manager .... .......... .......... ........... .......... .......... ........... $110.00 Senior PW Construction Inspector .......... .......... ........... .......... .......... ........... $136.00 Construction Inspector ...... ........... .......... .......... ........... .......... .......... ........... $131.00

REIMBURSABLE COSTS
In-house Reproduction ...... ........... .......... .......... ........... .......... .......... ........... Cost + 10% Printing and Materials ....... ........... .......... .......... ........... .......... .......... ........... Cost + 10% Express Mail/Courier/Next Day Service .. .......... ........... .......... .......... ........... Cost + 10% Special Subconsultant Services ... .......... .......... ........... .......... .......... ........... Cost + 10% 406

CITY OF WILDOMAR

CC - REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.13
Meeting Date: November 13, 2024
SUBJECT: Memorandum of Understanding (MOU) with MySafe Riverside to conduct an event in conjunction with Breakfast with Santa SUBMITTED BY: Daniel Torres, Community Services Director ACTION:

1. Authorize the City Manager to sign the MOU with MySafe Riverside dependent that the foundation fulfills all requirements; and

2. Waive fees associated with the application of the Temporary Event Permit dependent that the foundation fulfills all requirements.

SUMMARY:

MySafe Riverside is a non-profit foundation that aims to deliver fire and life safety educations and preparation throughout the Riverside county region. The foundation has requested to hold an education event in conjunction with the City sponsored Breakfast with Santa Event.

BACKGROUND:

The City receives and approves several Temporary Event Permit applications from businesses, non-profits, and community organizations throughout each calendar year.

Organizations and foundation which express an interest to partner or collaborate with the City in holding events are presented to city council for approval.

DISCUSSION:

MySafe Riverside has submitted a Temporary Event Application to hold a wildfire safety fair in Wildomar at Marna O'Brien Park. MySafe Riverside is a division of Safe Community Project a 501c3 organization. This division closely works with CalFire to present the proposed safety event. The applicant has submitted multiple dates to hold the event with December 7, 2024 as the requested option. The event is estimated to attract 100-200+ attendees. The applicant has expressed an interest to hold their safety event in conjunction with the City sponsored Breakfast with Santa Event on the December 7th date. The partnership may generate a larger attendance. Sanitation efforts and traffic safety measures will be consolidated and the Wildomar community will receive a more robust event.

The MOU attached to this staff report stated the parameters of the coordinated efforts and each parties roles. Should council approve the coordinated efforts, staff recommends the city council to authorize the City Manager to approve the MOU with MySafe Riverside and to waive the fees associated with the Temporary Event Permit Application.

FISCAL IMPACT:
100-410-4110-52025 Community Promotion for Temporary Event Permit application and the processing fee of $661.00 waiver.
407
ACCOUNT CODE:
100-410-4610
ATTACHMENTS:

Temporary Event Application_MySafe Riverside
MOU_MySafe Riverside
Status_Office of Attorney General
408
409
410
411
412
413
414
415
416
417
418
419
420

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS

NON-OWNED

OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER

OTH- STATUTEPER
(MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY)

POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR

CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $

DAMAGE TO RENTED
PREMISES (Ea occurrence) $

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PROJECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/30/2024
(HD) Heffernan Insurance Brokers
1350 Carlback Avenue
Walnut Creek CA 94596
Kayli Rimann
925-934-8500 925-934-8278
[email protected]
License#: 0564249 Nonprofits Insurance Alliance of California 1184 THESAFE-03 Alliance of NonProfits for Insurance - Risk Retent 10023 The Safe Community Project dba: MySafe:LA
1048 Irvine Avenue
#440
Newport Beach CA 92660
1457115047
A X 1,000,000
X 500,000
20,000
1,000,000
2,000,000
X
Y 202437527 2/26/2024 2/26/2025
2,000,000
B X X 202437527UMB 2/26/2024 2/26/2025 1,000,000
1,000,000
A Liquor Liability 202437527 2/26/2024 2/26/2025 Each Common Cause Aggregate $1,000,000
$1,000,000
City of Wildomar is included as additional insured on the General Liability policy per the attached endorsement, if required.

City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar CA 92595
421
422
423
424
425
426
ICS FORM 201
ICS 201 Event Briefing

Page 1 of 8 ends

MYSAFE:RIVERSIDE

WILDFIRE COMMUNITY SAFETY FAIR
16 NOVEMBER 2024
427
ICS FORM 201
ICS 201 Incident Briefing

Page 2 of 8 ends

Saturday, November 16, 2024
0930 - All resources meet at Marna O’Brien Park, sign in, and commence set up for the Safety Fair 1030 - MySafe:Riverside will host a briefing on the event for attending elected officials, firefighters, medics, and vendors.
1045 - Food truck vendors and fire department apparatus should be staged and ready for the safety fair. 1100 - Wildfire Safety Fair commences.
1400 - Wildfire Safety Fair concludes; attendees are thanked and escorted to exits. 1405 - Participant “hot wash” debrief occurs at the MySafe:Riverside tent. 1415 - Vendors pack up and prepare to demobilize.
1430 - Wildfire Safety Fair activities are completed.

5. Master Event Calendar
INCIDENT BRIEFING 1.Event Name:

Wildomar Wildfire Safety Fair

2. Date Prepared:
10/29/2024 3. Time Prepared:
1700 hrs
On Saturday, November 16, 2024, MySafe:Riverside will host a wildfire safety fair in Wildomar, Riverside County. This event is a collaboration between MySafe:Riverside, the City of Wildomar, the Riverside County Fire Department, the Inland Empire Community Foundation, and…
The objective is to provide residents with essential resilience education on wildfire preparedness.

MySafe:Riverside is organizing the event in partnership with key collaborators to provide RivCO residents with vital information on wildfire preparedness. Attendees will have access to fire safety resources, be able to watch safety demonstrations, and meet local elected officials, MySafe:Riverside staff, and various vendors dedicated to achieving a practical and impactful experience for participants.

The event caters to the whole family, offering incentives such that attendees who register and visit at least half of the present vendors will receive a FREE lunch food pass and an additional FREE dessert pass. Local food trucks, partnered with MySafe:Riverside, will provide food, beverages, and desserts.

MySafe:Riverside will offer various prizes for attendees, who can obtain prize tickets for free when they register at the main event greeting table. Prizes, selected by MySafe:Riverside members, may include items like fire extinguishers, survival kits, smoke alarms, and additional exciting offerings.

Wildfire risk in western RivCO is significant, making a wildfire safety fair an effective means to foster public interest, establish trust in local firefighters, and provide education on home hardening, defensible space, and evacuation matters. These fairs aim to unite the community.

4. Incident Objectives
428
ICS FORM 201
ICS 201 Incident Briefing

Page 3 of 8 ends

WEATHER FORECAST FOR WILDOMAR (RivCO), CA.

November 16, 2024
MySafe:Riverside members are allowed to wear cold weather jackets during setup and teardown. However, they must wear standard work uniforms during the event hours from 1100 to 1400, unless the weather is extremely cold or wet.

A more detailed weather update will be provided after NOV 05, but before NOV 10. 429
ICS FORM 201
ICS 201 Incident Briefing

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EVENT LOCATION: Marna O’Brien Park
20505 Palomar Street
Wildomar, CA 92595
951.677.7751
430
ICS FORM 201
ICS 201 Incident Briefing

Page 5 of 8 ends

MySafe:LA members also teach families and notably children about fire safety, including how to create a family escape plan, two ways out of the house, and other tactics to survive a house fire. If there are children in the home, additional education is provided, specifically related to “get low and go.” If the family has pets, a “pet safety” brochure is provided. If there are older adults, or people with mobility challenges, additional information related to fire safety for those individuals is provided. Escape plans are available in English and Spanish. 431
ICS FORM 201
ICS 201 Incident Briefing

Page 6 of 8 ends

6. Incident Organization

Incident
Commander
MSRivCO Cmndr.

Fair Staff
Team 1
Ops
C Ginsberg
Fire Specialists Unit
TBD
Safety Officer
N. Vazquez
Fair Group Sup.

E. Arana
MSLA Canvass
Team 3
EMS Resource Unit
D. Cornejo
Fair Staff
Team 2
432
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ICS 201 Incident Briefing

Page 7 of 8 ends

7. Resource Summary

RESOURCE TELEPHONE RESOURCE ID TIME ON
SCENE
NOTES
MySafe:LA CMD-1 949.307.7266 David Barrett 0930 Executive Director, Commander CRR-6 310.346.0055 Chris Nevil NA Captain/PIO, INFO ONLY 213.379.0021 Carl Ginsberg 0930 EMR, C.R.R. Ops Sup.

CRR-3 805.340.9095 Dante Cornejo 0930 EMT, EMS Unit
RivCO FIRE TBD 1045 Engine Commander
RivCO BC TBD 1045 Battalion Commander
RivCO Member 661.350.4391 Enid Arana 0930 EMT, Group Sup. (Sp.) RivCO Member 661.523.4303 Nicole Vazquez 0930 EMT, Educator (Sp.) RivCO Member 424.403.9362 Stephanie Cruz 0930 EMT, Educator (Sp.) RivCO Member 323.369.9852 Steven Minnig 0930 EMT, Educator (Sp.) RivCO Member 424.398.6185 Symone Farrar 0930 Catering/Registration RivCO Member 818.601.8341 Victoria Garcia 0930 Catering/Registration (Sp.) RivCO Member 949.307.4359 XO Cameron Barrett N/A Not attending, for contact only RivCO Member 661.609.9137 Steven Owens (ret.) N/A SCP Training Officer Supervisor District TBD N/A For information only
433
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8. Safety Message
IMPORTANT:

All members will follow all health and safety guidelines as established by the Riverside County Department of Health.

Uniformed members: Class B work uniforms, short sleeves, are required for Fire Co. briefing.

Non-uniformed members: MySafe:RivCO bike polo is required.

These steps are crucial for clear identification from a distance as related to fire and life safety, rather than law enforcement.

Proper ID cards must be on each person and available for inspection.

ALL MEMBERS MUST HAVE AT LEAST TWO PAIR OF DISPOSABLE MEDICAL GLOVES IN THEIR KIT.

ALL MEMBERS MUST HAVE FACE MASKS AVAILABLE IF REQUESTED.

If you feel your security is impacted in any way, execute the following:

1. Be friendly, but also remain professional

2. Avoid disputes. If an attendee is unruly, seek a group supervisor for assistance

3. In the event of EMS needs, contact EMT Cornejo for assistance

4. Be sure you’re familiar with the local of our EMS Trauma kits

5. Stay HYDRATED and don't forget sunscreen!
EVERY TEAM MUST HAVE AT LEAST ONE MYSAFE:RivCO EMT/EMR OR MEDIC ASSIGNED OR ATTACHED BEFORE COMMENCING ANY FAIR OR PUBLIC INTERACTION ACTIVITIES. RivCO FIRE MEMBERS MAY ALSO BE INCLUDED AS TEAM SUPPORT.
434
MEDICAL PLAN (ICS 206)

1. Incident Name: 2. Operational Period: Date From: Date To:

Time From: Time To:

3. Medical Aid Stations:

Name Location
Contact
Number(s)/Frequency
Paramedics
on Site?
F Yes F No
F Yes F No
F Yes F No
F Yes F No
F Yes F No
F Yes F No

4. Transportation (indicate air or ground):

Ambulance Service Location
Contact
Number(s)/Frequency Level of Service

F ALS F BLS

5. Hospitals:

Hospital Name
Address,
Latitude & Longitude
if Helipad
Contact
Number(s)/
Frequency
Travel Time
Trauma
Center
Burn
Air Ground Center Helipad
F Yes
Level:_____
F Yes
F No
F Yes
F No
F Yes
Level:_____
F Yes
F No
F Yes
F No
F Yes
Level:_____
F Yes
F No
F Yes
F No
F Yes
Level:_____
F Yes
F No
F Yes
F No
F Yes
Level:_____
F Yes
F No
F Yes
F No

6. Special Medical Emergency Procedures:

F Check box if aviation assets are utilized for rescue. If assets are used, coordinate with Air Operations.

7. Prepared by (Medical Unit Leader): Name: Signature:

8. Approved by (Safety Officer): Name: Signature:

ICS 206 IAP Page _____ Date/Time:
435
ICS 206
Medical Plan
Purpose. The Medical Plan (ICS 206) provides information on incident medical aid stations, transportation services, hospitals, and medical emergency procedures.

Preparation. The ICS 206 is prepared by the Medical Unit Leader and reviewed by the Safety Officer to ensure ICS coordination. If aviation assets are utilized for rescue, coordinate with Air Operations.

Distribution. The ICS 206 is duplicated and attached to the Incident Objectives (ICS 202) and given to all recipients as part of the Incident Action Plan (IAP). Information from the plan pertaining to incident medical aid stations and medical emergency procedures may be noted on the Assignment List (ICS 204). All completed original forms must be given to the Documentation Unit.

Notes:
x The ICS 206 serves as part of the IAP.
x This form can include multiple pages.

Block
Number Block Title Instructions
1 Incident Name Enter the name assigned to the incident. 2 Operational Period
x Date and Time From
x Date and Time To
Enter the start date (month/day/year) and time (using the 24-hour clock) and end date and time for the operational period to which the form applies.
3 Medical Aid Stations Enter the following information on the incident medical aid station(s):
x Name Enter name of the medical aid station.
x Location Enter the location of the medical aid station (e.g., Staging Area, Camp Ground).
x Contact
Number(s)/Frequency
Enter the contact number(s) and frequency for the medical aid station(s).
x Paramedics on Site?
F Yes F No
Indicate (yes or no) if paramedics are at the site indicated. 4 Transportation (indicate air or
ground)
Enter the following information for ambulance services available to the incident:
x Ambulance Service Enter name of ambulance service.
x Location Enter the location of the ambulance service. x Contact
Number(s)/Frequency
Enter the contact number(s) and frequency for the ambulance service. x Level of Service

F ALS F BLS
Indicate the level of service available for each ambulance, either ALS (Advanced Life Support) or BLS (Basic Life Support).
436
Block
Number Block Title Instructions
5 Hospitals Enter the following information for hospital(s) that could serve this incident:
x Hospital Name Enter hospital name and identify any predesignated medivac aircraft by name a frequency.
x Address, Latitude &
Longitude if Helipad
Enter the physical address of the hospital and the latitude and longitude if the hospital has a helipad.
x Contact Number(s)/
Frequency
Enter the contact number(s) and/or communications frequency(s) for the hospital.
x Travel Time
x Air
x Ground
Enter the travel time by air and ground from the incident to the hospital. x Trauma Center
F Yes Level:______
Indicate yes and the trauma level if the hospital has a trauma center. x Burn Center
F Yes F No
Indicate (yes or no) if the hospital has a burn center. x Helipad
F Yes F No
Indicate (yes or no) if the hospital has a helipad.

Latitude and Longitude data format need to compliment Medical Evacuation Helicopters and Medical Air Resources
6 Special Medical Emergency
Procedures
Note any special emergency instructions for use by incident personnel, including (1) who should be contacted, (2) how should they be contacted; and (3) who manages an incident within an incident due to a rescue, accident, etc. Include procedures for how to report medical emergencies.

F Check box if aviation assets
are utilized for rescue. If
assets are used, coordinate
with Air Operations.

Self explanatory. Incident assigned aviation assets should be included in ICS 220.
7 Prepared by (Medical Unit
Leader)
x Name
x Signature
Enter the name and signature of the person preparing the form, typically the Medical Unit Leader. Enter date (month/day/year) and time prepared (24-hour clock).
8 Approved by (Safety Officer)
x Name
x Signature
x Date/Time
Enter the name of the person who approved the plan, typically the Safety Officer. Enter date (month/day/year) and time reviewed (24-hour clock).
437
RIV #4833-0692-3348 v2 1
Attachment A

MEMORANDUM OF UNDERSTANDING

THE SAFE COMMUNITY

PROJECT

COMMUNITY EVENT

PARTNERSHIP
438
RIV #4833-0692-3348 v2 2

MEMORANDUM OF UNDERSTANDING
(THE SAFE COMMUNITY PROJECT)
This Memorandum of Understanding (“MOU”) is entered into this 13th day of November 2024 by and between the City of Wildomar, a California general law city (“City”), and THE SAFE COMMUNITY PROJECT, a California 501 (c) 3 non-profit public benefit charity. (“Non-profit”). City and Non-profit may be referred to individually or collectively as a “Party” or the “Parties.”

RECITALS
A. The non-profit organization aims to deliver fire and life safety education and preparedness to children, families, seniors, and those at risk of wildfires.

B. The non-profit wants to conduct a temporary event on December 7, 2024, to provide the public with a wildfire safety fair that teaches people safety measures regarding wildfires (Event).

C. The city desires to hold an Event in conjunction with the Nonprofit and provide facility management for the Event. The Nonprofit benefits the community, and the Event assists in improving the quality of life within the community.

D. This MOU sets forth the Parties' mutual understanding regarding the City’s partnership in the Event and the hosting assistance to be provided.

1. PARTNERSHIP AND MARKETING

2. City will partner in the Event on December 7, 2024, in the form of benefits described in section 2.1 provided that the Event is held as stated in the Temporary Event Permit. If the Event is not held on December 7, 2024, the City shall incur no obligation to commit the partnership toward a future Event.

1. ALLOCATION OF PARTNERSHIP BENEFITS

2. The partnership identified in Section 1.1 of this MOU will be in relation to the benefits the City will provide the Non-profit per the Community Event Partnership Policy. As page 3 of the policy states, a staff liaison will be assigned to Non-profit to assist and confirm that all Temporary Event Application requirements are fulfilled. The Non-profit will be required to fulfill the permit process, provide the required insurance documents, and any necessary inspections and reporting. The application review and processing fee associated with the Temporary Event Permit will be waived upon approval by the City Council. The city will also facilitate all site management, including sanitation, janitorial services, traffic safety, fire marshal site inspections, Event. The city will also 439
RIV #4833-0692-3348 v2 3
provide marketing assistance in conjunction with the city-sponsored event.

3.0 PERMITS AND APPROVALS
Non-profit shall obtain all necessary permits and approvals from the City and all other agencies with jurisdiction over the Event. Nothing in this MOU shall be construed as altering or waiving the City’s permit and approval requirements applicable to the Event.

1. GENERAL PROVISIONS

2. Either party may terminate this MOU upon thirty (30) days written notice to the other Party. In the event that a legal action is brought challenging this MOU, either Party may terminate this MOU effective immediately by written notice to the other Party.

3. If any term, condition, or covenant of this MOU is declared or determined by any court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this MOU shall not be affected thereby, and the MOU shall be read and construed without the invalid, void or unenforceable provision(s).

4. Waiver by any Party to this MOU of any term, condition, or covenant of this MOU shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this MOU shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this MOU.

5. This MOU shall be administered and executed by the City Manager or his or her designated representative on behalf of City. The City Manager shall have the authority to issue interpretations and to make amendments to this MOU. No amendment to or modification of this MOU shall be valid unless made in writing and approved by Nonprofit and City.

6. The person or persons executing this MOU on behalf of Non-profit represents and warrants that he/she/they has/have the authority to so execute this MOU and to bind Non-profit to the performance of its obligations hereunder. 440
RIV #4833-0692-3348 v2 4
IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the date and year first-above written.

CITY OF WILDOMAR THE SAFE COMMUNITY PROJECT
Daniel A. York By:

City Manager Its:

ATTEST:

By: _
Janet Morales Its:

City Clerk

APPROVED AS TO FORM
Thomas Jex
City Attorney
441
Registrant Details
Entity type: Corporate Class as registered with the Secretary of State or based on founding & registration documents.

Organization Name: THE SAFE COMMUNITY PROJECT IRS FEIN: 270967511 Entity Type: Charitable or nonprofit corporation SOS/FTB Corporate/Organization Number: 3229556 Registry Status: Current Renewal Due/Exp. Date: 8/15/2025 RCT Registration Number: CT0170570 Issue Date: 4/15/2011 Record Type: Charity Registration Effective Date: 4/15/2011 Date of Last Renewal: 10/3/2024 DBA:

Mailing Address
Street: 5301 BEETHOVEN SUITE 228
Street Line 2:

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Status of Filing: Accepted
Accounting Period Begin Date: 9/10/2009
Accounting Period End Date: 3/31/2010
Filing Received Date: 11/5/2010
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2010
Accounting Period End Date: 3/31/2011
Filing Received Date: 12/5/2011
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2011
Accounting Period End Date: 3/31/2012
Filing Received Date: 8/17/2012
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2012
Accounting Period End Date: 3/31/2013
Filing Received Date: 11/15/2013
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2013
Accounting Period End Date: 3/31/2014
Filing Received Date: 10/30/2014
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason: 443
N
otesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2014
AccountingPeriodEndDate:3/31/2015
FilingReceivedDate:2/25/2016
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2015
AccountingPeriodEndDate:3/31/2016
FilingReceivedDate:5/24/2019
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2016
AccountingPeriodEndDate:3/31/2017
FilingReceivedDate:5/13/2019
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2017
AccountingPeriodEndDate:3/31/2018
FilingReceivedDate:2/20/2019
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2018
AccountingPeriodEndDate:3/31/2019
FilingReceivedDate:5/14/2019
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2019
AccountingPeriodEndDate:3/31/2020
FilingReceivedDate:8/17/2020
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted
AccountingPeriodBeginDate:4/1/2020
AccountingPeriodEndDate:3/31/2021
FilingReceivedDate:4/2/2024
FormRRF-1Reject/IncompleteReason:

FormCTTR-1Reject/IncompleteReason:

IRSForm990Reject/IncompleteReason:

NotesFromRegistryStaff:

StatusofFiling:Accepted 444
Accounting Period Begin Date: 4/1/2021
Accounting Period End Date: 3/31/2022
Filing Received Date: 6/1/2023
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2022
Accounting Period End Date: 3/31/2023
Filing Received Date: 4/2/2024
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:

Status of Filing: Accepted
Accounting Period Begin Date: 4/1/2023
Accounting Period End Date: 3/31/2024
Filing Received Date: 9/20/2024
Form RRF-1 Reject/Incomplete Reason:

Form CT-TR-1 Reject/Incomplete Reason:

IRS Form 990 Reject/Incomplete Reason:

Notes From Registry Staff:
445

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.1
Meeting Date: November 13, 2024
SUBJECT: Public Hearing for Annexation No. 12, (Oak Springs Ranch II PP 20-0044) Consideration of Territory to be Annexed to Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 12
SUBMITTED BY: Jason Farag, Public Works Director
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:

1. Take testimony;

2. Close the public hearing;

3. Adopt Resolution entitled:

RESOLUTION NO. 2024 - _____

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

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 12)

4. Hold the election;

5. Canvass the election; and

6. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 12)
SUMMARY:

Continue the Public Hearing from October 9, 2024, to consider annexing Oak Springs Ranch II into CFD 2022-1 for Maintenance Services, hold a special election, and declare the election results.

BACKGROUND:

On August 14, 2024, the City Council adopted Resolution No. 2024-52, declaring its intention to annex territory to Community Facilities District No. 2022-1 (Services) (the “CFD No. 2022-1” or “CFD”) and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 12 (Oak Springs Ranch II Apartments). A public hearing was set for October 9, 2024, to conduct an election for the landowners and to declare the results of that 446
election. The public hearing was opened at the October 9, 2024 City Council Meeting and was continued to the November 13, 2024 City Council Meeting.

DISCUSSION:

As required by the Resolution of Intention, an annexation map was recorded on August 21, 2024, at 8:46 a.m. in Book 93, Page 79, Document No. 2024-0250422 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder.

The Resolution of Intention was adopted by the City Council in response to a petition filed by the property owners, OSR2 R&V Investors, LLC and TMW Oak Springs 2 Del, LLC, for PP 20- 0044 containing 12.89 gross acres within the City and have requested that the City assist them in annexing territory into CFD No. 2022-1 (Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as street maintenance, drainage, parks, trails, and graffiti abatement.

The area proposed within Annexation No. 12 will encompass 12.89 acres to include 288 residential units, with a FY 2024-25 maximum annual tax of $469 per unit, per year. The property proposed to be annexed into CFD No. 2022-1 will be included in Tax Zone 12. This tax rate includes a Maximum Special Tax A of $133 per unit per year for maintenance services of public facilities, and Maximum Special Tax B of $336.26 per unit per year. Maximum Special Tax A will increase by the greater of Consumer Price Index (CPI) or 2% and Special Tax B will increase by the greater of CPI or 5%, both not to exceed 6%. OSR2 R&V Investors, LLC, and TMW Oak Springs 2 Del, LLC, have agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2022-1 (Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to conduct the election.

FISCAL IMPACT:

The projected levy for Tax Zone 12 in FY 2024-25 is $38,185 for the first year of Special Tax A maintenance services. Special Tax B will generate $96,843 once all 288 units are developed.

These levies are intended to offset the City’s future costs to maintain the public improvements.

Costs associated with the processing of this annexation are covered by developer fees and deposits. There is no impact to the General Fund.

ACCOUNT CODE:

Fund 612 - CFD 2022-1 Special Tax A
Fund 611 - CFD 2022 Special Tax B
ATTACHMENTS:
1 - Project Map for Annexation 12
2 - Resolution Calling an Election
2a - Resolution Exhibits
3 - Resolution Declaring Election Results
3A - Resolution Exhibit A, Certificate of Election Results 447

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CFDNO.2022-1(SERVICES)
ANNEXATIONNO.12

PROJECTMAP
448
RESOLUTION NO. 2024-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, CALLING AN ELECTION

TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE

AREA PROPOSED TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2022-1 (SERVICES)
(ANNEXATION NO. 12)
WHEREAS, on April 13, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) approved Resolution No. 2022-11 declaring the City’s intention to establish Community Facilities District No. 2022-1 (Services) of the City of Wildomar, County of Riverside, State of California (the "CFD No. 2022-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council set a public hearing for June 8, 2022, after which the Council adopted Resolution No. 2022-30 forming the CFD No. 2022-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2022-1 were submitted to the qualified electors within the CFD No. 2022-1; and
WHEREAS, on June 8, 2022, the City Council adopted Resolution No. 2022-31 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on August 14, 2024, duly adopted Resolution No. 2024-52 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2022-1 (Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for October 9, 2024; and
WHEREAS, the territory proposed to be annexed is identified in the map entitled "Annexation Map No. 12 Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on August 21, 2024, in Book 93 of Maps of Assessment and Community Facilities Districts at Page 79, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a notice of public hearing was convened by the City Council on October 9, 2024, not earlier than the hour 449
of 6:00 p.m. at the City Hall located at 23873 Clinton Keith Road, Wildomar, California 92595, relative to the proposed annexation of said territory to CFD No. 2022-1; and WHEREAS, the October 9, 2024 public hearing was continued to November 13, 2024 and pursuant to the Act and the Resolution of Intention, a notice of public hearing was continued by the City Council on November 13, 2024, not earlier than the hour of 6:00 p.m. at the City Hall located at 23873 Clinton Keith Road, Wildomar, California 92595, relative to the proposed annexation of said territory to CFD No. 2022-1; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2022-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2022-1, or by the owners of onehalf (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2022-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2022-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2022-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

WILDOMAR, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2022-1 (SERVICES) OF THE CITY OF WILDOMAR, DETERMINE AND ORDER AS FOLLOWS:

Section 1 Recitals. The foregoing recitals are true and correct.

Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2022-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.
450
Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2022-1 are valid and in conformity with the requirements of the Act.

Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2022-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2022-1, will be levied annually in CFD No. 2022-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

Section 7. Tax Roll Preparation. The office of the Public Works Director, 23873 Clinton Keith Road., City of Wildomar, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

Section 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2022-1.

Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 13, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2022-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2022-1 on August 22, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2022-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2022-1.
451
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2022-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2022-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be as set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on November 13, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters.

Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 13, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns.

Section 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2022-1 in his/her office.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
452
City Attorney City Clerk
453

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
454
City of Wildomar 1
Community Facilities District No. 2022-1 (Services)

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

OF THE CITY OF WILDOMAR
Special Taxes (defined below) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2022-1 (Services) of the City of Wildomar (the “CFD No. 2022-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2022, in an amount determined by the City Council of the City of Wildomar, acting ex officio as the legislative body of CFD No. 2022-1, by applying the rates and method of apportionment set forth below.

All of the real property in CFD No. 2022-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS
“Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit. “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2022-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2022-1, or any designee thereof associated with fulfilling the CFD No. 2022-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2022-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Wildomar, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special Tax is being levied and for which no building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” meansthat identification number assigned to a parcel by the County Assessor of the County.
"Building Permit" means the first legal document issued by the City giving official permission for new 455
City of Wildomar 2
Community Facilities District No. 2022-1 (Services)
construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December

31. “CFD” or “CFD No. 2022-1” means Community Facilities District No. 2022-1 (Services) of the City of Wildomar.
“City” means the City of Wildomar.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(3) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 6624 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means, any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax A, Maximum Special Tax B, and/or Maximum Special Tax C (Contingent), as applicable.
456
City of Wildomar 3
Community Facilities District No. 2022-1 (Services)
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax B” means the Maximum Special Tax B, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax C (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax C (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Non-Residential Property” or “NR” means, all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain services within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” or “SFR” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public. “Special Tax(es)” means the Special Tax A and/or Special Tax B and/or Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. 457
City of Wildomar 4
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"Special Tax A Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for bonds or other forms of indebtedness. “Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for bonds or other forms of indebtedness.
“Special Tax C (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required. “Special Tax C (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the Administrator. Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds or other forms of indebtedness..
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. "Tax Zone Original" means the geographic area the specific area identified on the CFD Boundary Map as Tax Zone Original.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2022-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property 458
City of Wildomar 5
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and Approved Property shall be classified as either Residential Property or Non-Residential Property.

Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A and Special Tax C (Contingent) levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit for the Tax Zone below or as included in Appendix A as each annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A, Special Tax B, and Special Tax C (Contingent) levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the applicable Tax Zone below or as included in Appendix A as each annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this RMA shall be updated to reflect the Maximum Special Tax A for Developed Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Developed Property for such Tract or Tracts as specified in such updated Appendix A for the annexed property which shall reflect the Maximum Special Tax for the Tract or Tracts annexed. The Maximum Special Tax A for Fiscal Year 2022-2023 for a Residential Unit of Developed Property within the Tax Zone Original are identified in Table 1 below:
459
City of Wildomar 6
Community Facilities District No. 2022-1 (Services)
TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi-Family Residential Property RU $408
Non-Residential Property Acre $5,267
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property in Table 2 is specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, the Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax A for Approved Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022-2023 per Residential Unit for Approved Property within Tax Zone Original is identified in Table 2 below:
460
City of Wildomar 7
Community Facilities District No. 2022-1 (Services)
TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi-Family Residential Property RU $408
Non-Residential Property Acre $5,267
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method adopted shall be updated to reflect the Maximum Special Tax A for Undeveloped Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Undeveloped Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022-2023 per acre of Undeveloped Property within Tax Zone Original is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax Zone Tracts Taxable Unit Maximum Special Tax A
Original TR 36672 Acre $5,267
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B
The Special Tax B is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax B Requirement.
a. Developed Property
(i) Maximum Special Tax B
461
City of Wildomar 8
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The Maximum Special Tax B for Fiscal Year 2022-2023 for each Land Use Category within Tax Zone Original is shown in Table 4. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax B for the Tract or Tracts annexed and the Special Tax B shall be levied up to the Maximum Special Tax B for Developed Property for such Tract or Tracts as specified in such updated Appendix A.

TABLE 4

MAXIMUM SPECIAL TAX B RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Land Use Category Unit Maximum Special Tax B
Single Family Residential Property RU $430
Multi-Family Residential Property RU $305
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.

The Special Tax B shall not be levied on Approved or Undeveloped Property.

3. Special Tax C (Contingent)
The City Council shall levy Special Tax C (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Taxable Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Developed Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 5 below:
462
City of Wildomar 9
Community Facilities District No. 2022-1 (Services)
TABLE 5

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi-Family Residential Property RU $261
Non-Residential Property Acre $3,372
(ii) Increase in the Maximum Special Tax C (Contingent) On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 6 below:
463
City of Wildomar 10
Community Facilities District No. 2022-1 (Services)
TABLE 6

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

APPROVED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi-Family Residential Property RU $261
Non-Residential Property Acre $3,372
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Undeveloped Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 7 below:

TABLE 7

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

UNDEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax Zone Tract Taxable Unit
Maximum Special
Tax C (Contingent)
Original TR 36672 Acre $3,372
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year in which Special Tax A is authorized to be levied, the Council shall determine the Special Tax A Requirement and shall levy 464
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the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement. The Special Tax A shall be levied for each Fiscal Year within each Tax Zone as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax A to satisfy the Special Tax A Requirement;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year, the Council shall determine the Special Tax B Requirement and shall levy the Special Tax B until the aggregate amount of Special Tax B equals the Special Tax B Requirement.

The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement.

3. Special Tax C (Contingent)
Commencing with the first Fiscal Year in which Special Tax C (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Special Tax C (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property within such Tax Zone until the aggregate amount of Special Tax C (Contingent) equals the Special Tax C (Contingent) Requirement for such Tax Zone. The Special Tax C (Contingent) shall be levied for each Fiscal Year as follows:

First: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property.
465
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E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2022-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services.

Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tract or Tracts when annexed.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2022-1, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator. No Special Tax shall be levied on property which, at the time of adoption of the Resolution of Formation for CFD No. 2022-1, is an Exempt Property.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax(es) that is disputed. A representative(s) of CFD No. 2022-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

I. MANNER OF COLLECTION
The Special Tax(es) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 466
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APPENDIX A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

COST ESTIMATE
Special Tax A Services – The estimate breaks down the costs of providing one year’s maintenance services for FY 2024-2025. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2022-1 (Services).

TAX ZONE 12 – SPECIAL TAX A
PP 20-0044
Item Description Estimated Cost
1 Streets $1,389
2 Drainage $315
3 Parks $26,382
4 Trails $675
5 Graffiti $614
6 Reserves $4,255
7 Admin $4,556
Total $38,185
Special Tax B Services – It is estimated that the cost of providing Police and Fire Protection services being funded by Special Tax B for the Community Facilities District No. 2022-1 (Services) as outlined in Exhibit “B” hereto, will be as follows for the first year:

TAX ZONE 12 – SPECIAL TAX B
PP 20-0044
Land Use Category Unit Maximum Special Tax B
Multi-Family Residential Property RU $336.26
Special Tax C (Contingent) Services – There are no maintenance services proposed to be funded by the levy of Special Tax C (Contingent) for Community Facilities District No. 2022-1 Tax Zone 12. 467
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TAX ZONE 12
PP 20-0044
FY 2024-2025 MAXIMUM SPECIAL TAX RATES
Taxable
Property
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Maximum
Special Tax C
(Contingent)
Developed Property Multi-Family Residential RU $133 $336.26 $0 Approved Property Multi-Family Residential RU $133 N/A $0 Undeveloped Property N/A Acre $2,962 N/A $0
468
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MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE

FOR DEVELOPED PROPERTY
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units LUC
Taxable
Unit
Maximum
Special
Tax A
Maximum
Special
Tax B
Maximum
Special Tax C
(Contingent) Subdivider
Original 2022-23 TR 36672 136 SFR RU $408 $430 $261 Lennar Homes 1 2022-23 PP 13-0089 170 MFR RU $203 $305 $0
Villa Siena Property
LLC
2 2022-23 TR 37476 77 SFR RU $583 $430 $262 KB Home Coastal Inc. 3 To Be Determined
4 2023-24 PM 37941 9.62 NR Acre $4,060 $0 $0
Strata Baxter, LLC and
Kaiser Foundation
Health Plan, Inc.
5 2023-24 TR 31896 117 SFR RU $788 $451.50 $503 D.R. Horton Los Angeles Holding Co.
6 2023-24 LLA 2022-004 89 MFR RU $153 $320.25 $0 Wildomar Tres Lagos Partners LP
7 2024-25 TR
36781/36782 191 SFR RU $341 $474.08 $53 CRP/CWR Westpark Project, LLC 8 2023-24 LLA 2022-004 88 MFR RU $153 $320.25 $0 Palm Communities 9 2023-24 PP 21-0138 1.15 NR Acre $2,700 $0 $2,372 DMSD Cajun Properties LLC
10 2023-24 LLA 2020-008 20.20 NR Acre $251 $0 $433 Faith Bible Church Murrieta
11 2024-25 PM 38646 20.46 NR Acre $2,299 $0 $2,069 White Sable LLC and Wildomar One LLC
12 2024-25 PP 20-0044 288 MFR RU $133 $336.26 $0
OSR2 R&V Investors,
LLC and TMW Oak
Springs 2 Del, LLC

ESCALATION OF MAXIMUM SPECIAL TAXES
Maximum Special Tax A - On each July 1, the Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.

Maximum Special Tax B - On each July 1, the Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by five percent (5.0%), whichever is greater.

Maximum Special Tax C (Contingent) - On each July 1, the Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. 469
City of Wildomar 16
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EXHIBIT B

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be financed with proceeds of the special tax of CFD No. 2022-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street rightof-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. In addition, the services which may include some or all costs attributable to police protection, and fire services. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2022-1; as well as local roads within residential subdivisions located within CFD No. 2022-1; and any portions adjacent to the properties within CFD No. 2022-1; and (d) police protection services, including but not limited to criminal justice services, and fire protection and suppression services.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2022-1 or for the benefit of the properties within the boundaries of CFD No. 2022-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022-1 before CFD No. 2022-1 was created.
470
City of Wildomar 17
Community Facilities District No. 2022-1 (Services)

EXHIBIT C

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

PROPOSED BOUNDARIES
471
472
EXHIBIT %
BALLOT
473

SPECIAL TAX ELECTION

CITY OF WILDOMAR

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
(October 9, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 12 of the Community Facilities District No. 2022-1 (Services) (“CFD No. 2022-1”) of the City of Wildomar:

Name of Landowner Number of Acres Owned Total Votes
OSR2 R&V Investors, LLC 10.31 11
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2022-1, City of Wildomar, County of Riverside, State of California.

Please advise the City Clerk, at (951) 677-7751 x 210 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than September 25, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on October 9, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 9, 2024.

Very truly yours,
Janet Morales
City Clerk
City of Wildomar
474
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

OSR2 R&V Investors, LLC
Attn: Scott Dale
9191 Towne Center Drive, #180
San Diego, CA 92122
380-250-038

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12
MARK AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Multi- Family Residential RU $133 $336.26
plus an annual increase on each July 1, commencing on July 1, 2025 Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fical Year or ii) by five percent (5.0%), whichever is greater, both not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 12 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including streets, drainage, parks, trails, and graffiti for Special Tax A and police and fire protection services for Special Tax B as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-52 adopted by the City Council of the City of Wildomar on August 14, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected? YES
NO
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _________________________________, 20___________.

OSR2 R&V Investors, LLC
Scott Dale
President
Signature
Print Name
Title
475

SPECIAL TAX ELECTION

CITY OF WILDOMAR

Name of Landowner Number of Acres Owned Total Votes
TMW Oak Springs 2 Del, LLC 2.58 3
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on October 9, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on October 9, 2024.

Very truly yours,
Janet Morales
City Clerk
City of Wildomar
476
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

TMW Oak Springs 2 Del, LLC
Attn: Scott Dale
9191 Towne Center Drive, #180
San Diego, CA 92122
380-250-038

Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

TMW Oak Springs 2 Del, LLC
Scott Dale
President
Signature
Print Name
Title
477

EXHIBIT C

FULL TEXT OF PROPOSITION
478

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 12)
October 9, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Multi-Family Residential RU $133 $336.26
plus an annual increase on each July 1, commencing July 1, 2025 Maximum Special Tax A for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fical Year or ii) by five percent (5.0%), whichever is greater, both not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 12 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including streets, drainage, parks, trails, and graffiti for Special Tax A and police and fire protection services for Special Tax B as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-52 adopted by the City Council of the City of Wildomar on August 14, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected?
479
RESOLUTION NO. 2024-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, DECLARING ELECTION
RESULTS FOR COMMUNITY FACILITIES DISTRICT NO.
2022-1 (SERVICES) ANNEXATION NO. 12
WHEREAS, the City Council (the "City Council") of the City of Wildomar (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2022-1 (Services) (the "CFD No. 2022-1") of the City of Wildomar, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for November 13, 2024, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2022-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated November 13, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR:

Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct.

Section 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2022-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code.

Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2022-1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed 480
to pay the costs of the services to be provided by the CFD No. 2022-1 as specified in Resolution No. 2024-52 adopted by the City Council on August 14, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 12 Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on August 21, 2024, in Book 93 of Maps of Assessment and Community Facilities Districts at Page 79, in the office of the Riverside County Recorder.

Section 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2022-1 including the annexed territory.

Section 5. Effect. This resolution shall take effect from and after its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
City Attorney City Clerk
481

EXHIBIT A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 12

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Deputy City Clerk or the City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Wildomar (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated August 22, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
OSR2 R&V Investors, LLC 11 11
TMW Oak Springs 2 Del, LLC 3 3
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.

Janet Morales
City Clerk
City of Wildomar
By:

(Attach completed copies of Waiver/Consent and Ballots) 482

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.2
Meeting Date: November 13, 2024
SUBJECT: Public Hearing for Annexation No. 7, (Westpark Promenade, Tract Nos. 36781 and 36782) Consideration of Territory to be Annexed to Community Facilities District No. 2022-1
(Services), Calling an Election, Ordering the Levy and
Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 7
SUBMITTED BY: Jason Farag, Public Works Director
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:

1. Open the public hearing;

2. Take testimony;

3. Close the public hearing;

4. Adopt Resolution entitled:

RESOLUTION NO. 2024 - ____

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

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 7)

5. Hold the election;

6. Canvass the election; and

7. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 7)
SUMMARY:

Hold a Public Hearing to consider annexing Westpark Promenade into CFD 2022-1 for Maintenance Services, hold a special election, and declare the election results.

BACKGROUND:

On October 9, 2024, the City Council adopted Resolution No. 2024-60, declaring its intention to annex territory to Community Facilities District No. 2022-1 (Services) (the “CFD No. 2022-1” or “CFD”) and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 7. A public hearing has been set for November 13, 2024 to conduct an election for the landowners and to declare the results of that election. 483
DISCUSSION:

As required by the Resolution of Intention, an annexation map was recorded on October 15, 2024, at 1:08 p.m. in Book 94, Page 34, Document No. 2024-0309419 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder.

The Resolution of Intention was adopted by the City Council in response to a petition filed by the property owner, CRP/CWR Westpark Project, LLC, for TR 36781 and TR 36782 containing 13.68 gross acres within the City and have requested that the City assist them in annexing territory into CFD No. 2022-1 (Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as landscaping, lighting, street maintenance, drainage, parks, and graffiti abatement.

The area proposed within Annexation No. 7 will encompass 13.68 acres to include 191 residential units, with a FY 2024-25 maximum annual tax of $916 per unit, per year. The property proposed to be annexed into CFD No. 2022-1 will be included in Tax Zone 7. This tax rate includes a Maximum Special Tax A of $389 per unit per year for maintenance services of public facilities, Maximum Special Tax B of $474.08 per unit per year for safety services and a Special Tax C (Contingent) of $53 per unit per year. Maximum Special Tax A will increase by the greater of Consumer Price Index (CPI) or 2%, Special Tax B will increase by the greater of CPI or 5%, and Special Tax C (Contingent) will increase by the greater of Consumer Price Index (CPI) or 2%, all not to exceed 6%. CRP/CWR Westpark Project, LLC, has agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2022-1 (Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to conduct the election.

FISCAL IMPACT:

The projected levy for Tax Zone 7 in FY 2024-25 is $74,345 for the first year of Special Tax A maintenance services. Special Tax B will generate $90,549 once all 191 units are developed.

Special Tax C, if needed, will generate $10,194. These levies are intended to offset the City’s future costs to maintain the new public improvements. Costs associated with the processing of this annexation are covered by developer fees and deposits. There is no impact to the General Fund.

ACCOUNT CODE:

Fund 612 - CFD 2022-1 Special Tax A
Fund 611 - CFD 2022 Special Tax B
ATTACHMENTS:
1 - Project Map for Annexation No. 7
2 - Resolution Calling an Election
2A - Resolution Exhibits
3 - Resolution Declaring Election Results
3A - Resolution Exhibit A, Certificate of Election Results 484

CATT RD

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JEFFERSON AVE

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WESLEY ST
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ST

ORANGE ST
GRAND
AVE

BAXTER RD

PALOMAR
ST

WY M AN RD
§¨¦15
CFD NO. 2022-1 (SERVICES)
ANNEXATION NO. 7

PROJECT MAP
485
RESOLUTION NO. 2024-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, CALLING AN ELECTION

TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE

AREA PROPOSED TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2022-1 (SERVICES)
(ANNEXATION NO. 7)
WHEREAS, on April 13, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) approved Resolution No. 2022-11 declaring the City’s intention to establish Community Facilities District No. 2022-1 (Services) of the City of Wildomar, County of Riverside, State of California (the "CFD No. 2022-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council set a public hearing for June 8, 2022, after which the Council adopted Resolution No. 2022-30 forming the CFD No. 2022-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2022-1 were submitted to the qualified electors within the CFD No. 2022-1; and
WHEREAS, on June 8, 2022, the City Council adopted Resolution No. 2022-31 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on October 9, 2024, duly adopted Resolution No. 2024-60 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2022-1 (Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for November 13, 2024; and
WHEREAS, the territory proposed to be annexed is identified in the map entitled "Annexation Map No. 7 Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on October 15, 2024, in Book 94 of Maps of Assessment and Community Facilities Districts at Page 34, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a notice of public hearing was convened by the City Council on November 13, 2024, not earlier than the 486
hour of 6:00 p.m. at the City Hall located at 23873 Clinton Keith Road, Wildomar, California 92595, relative to the proposed annexation of said territory to CFD No. 2022- 1; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2022-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2022-1, or by the owners of onehalf (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2022-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2022-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2022-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

WILDOMAR, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2022-1 (SERVICES) OF THE CITY OF WILDOMAR, DETERMINE AND ORDER AS FOLLOWS:

Section 1 Recitals. The foregoing recitals are true and correct.

Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2022-1 are valid and in conformity with the requirements of the Act.
487
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2022-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2022-1, will be levied annually in CFD No. 2022-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 13, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2022-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2022-1 on October 4, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2022-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2022-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2022-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
488
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2022-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be as set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on November 13, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
City Attorney City Clerk
489

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
490
City of Wildomar 1
Community Facilities District No. 2022-1 (Services)

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

All of the real property in CFD No. 2022-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Wildomar, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special Tax is being levied and for which no building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” meansthat identification number assigned to a parcel by the County Assessor of the County.
"Building Permit" means the first legal document issued by the City giving official permission for new 491
City of Wildomar 2
Community Facilities District No. 2022-1 (Services)
construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December

31. “CFD” or “CFD No. 2022-1” means Community Facilities District No. 2022-1 (Services) of the City of Wildomar.
“City” means the City of Wildomar.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(3) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 6624 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means, any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax A, Maximum Special Tax B, and/or Maximum Special Tax C (Contingent), as applicable.
492
City of Wildomar 3
Community Facilities District No. 2022-1 (Services)
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax B” means the Maximum Special Tax B, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax C (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax C (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Non-Residential Property” or “NR” means, all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain services within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” or “SFR” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public. “Special Tax(es)” means the Special Tax A and/or Special Tax B and/or Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. 493
City of Wildomar 4
Community Facilities District No. 2022-1 (Services)
"Special Tax A Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for bonds or other forms of indebtedness. “Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for bonds or other forms of indebtedness.
“Special Tax C (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required. “Special Tax C (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the Administrator. Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds or other forms of indebtedness..
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. "Tax Zone Original" means the geographic area the specific area identified on the CFD Boundary Map as Tax Zone Original.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2022-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property 494
City of Wildomar 5
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and Approved Property shall be classified as either Residential Property or Non-Residential Property.

Residential Property shall be further classified as Single-Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this RMA shall be updated to reflect the Maximum Special Tax A for Developed Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Developed Property for such Tract or Tracts as specified in such updated Appendix A for the annexed property which shall reflect the Maximum Special Tax for the Tract or Tracts annexed. The Maximum Special Tax A for Fiscal Year 2022-2023 for a Residential Unit of Developed Property within the Tax Zone Original are identified in Table 1 below:
495
City of Wildomar 6
Community Facilities District No. 2022-1 (Services)
TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi-Family Residential Property RU $408
Non-Residential Property Acre $5,267
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property in Table 2 is specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, the Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax A for Approved Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022-2023 per Residential Unit for Approved Property within Tax Zone Original is identified in Table 2 below:
496
City of Wildomar 7
Community Facilities District No. 2022-1 (Services)
TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

2. Special Tax B
The Special Tax B is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax B Requirement.
a. Developed Property
(i) Maximum Special Tax B
497
City of Wildomar 8
Community Facilities District No. 2022-1 (Services)
The Maximum Special Tax B for Fiscal Year 2022-2023 for each Land Use Category within Tax Zone Original is shown in Table 4. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax B for the Tract or Tracts annexed and the Special Tax B shall be levied up to the Maximum Special Tax B for Developed Property for such Tract or Tracts as specified in such updated Appendix A.

TABLE 4

MAXIMUM SPECIAL TAX B RATES

The Special Tax B shall not be levied on Approved or Undeveloped Property.

3. Special Tax C (Contingent)
The City Council shall levy Special Tax C (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Taxable Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Developed Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 5 below:
498
City of Wildomar 9
Community Facilities District No. 2022-1 (Services)
TABLE 5

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi-Family Residential Property RU $261
Non-Residential Property Acre $3,372
(ii) Increase in the Maximum Special Tax C (Contingent) On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 6 below:
499
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Community Facilities District No. 2022-1 (Services)
TABLE 6

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

TABLE 7

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year in which Special Tax A is authorized to be levied, the Council shall determine the Special Tax A Requirement and shall levy 500
City of Wildomar 11
Community Facilities District No. 2022-1 (Services)
the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement. The Special Tax A shall be levied for each Fiscal Year within each Tax Zone as follows:

The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement.

First: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property.
501
City of Wildomar 12
Community Facilities District No. 2022-1 (Services)
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2022-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

I. MANNER OF COLLECTION
The Special Tax(es) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 502
City of Wildomar 13
Community Facilities District No. 2022-1 (Services)

APPENDIX A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

TAX ZONE 7 – SPECIAL TAX A
TR 36781/36782
Item Description Estimated Cost
1 Landscaping $9,405
2 Lighting $3,218
3 Streets $18,601
4 Drainage $1,701
5 Parks $28,628
6 Graffiti $877
7 Reserves $2,415
8 Admin $9,499
Total $74,345
Special Tax B Services – It is estimated that the cost of providing Police and Fire Protection services being funded by Special Tax B for the Community Facilities District No. 2022-1 (Services) as outlined in Exhibit “B” hereto, will be as follows for the first year:

TAX ZONE 7 – SPECIAL TAX B
TR 36781/36782
Land Use Category Unit Maximum Special Tax B
Single-Family Residential Property RU $474.08
Special Tax C (Contingent) Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2024-25. If necessary, these services will be funded by the levy of Special Tax C (Contingent) for Community Facilities District No. 2022-1 (Services).

TAX ZONE 7 – SPECIAL TAX C (Contingent)
TR 36781/36782
Item Description Estimated Cost
1 Drainage $8,047
2 Reserves $805
3 Admin $1,342
Total $10,194
503
City of Wildomar 14
Community Facilities District No. 2022-1 (Services)
TAX ZONE 7
TR 36781/36782
FY 2024-2025 MAXIMUM SPECIAL TAX RATES
Taxable
Property
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Maximum
Special Tax C
(Contingent)
Developed Property Single-Family Residential RU $389 $474.08 $53 Approved Property Single-Family Residential RU $389 N/A $53 Undeveloped Property N/A Acre $7,785 N/A $1,067
504
City of Wildomar 15
Community Facilities District No. 2022-1 (Services)

MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE

FOR DEVELOPED PROPERTY
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units LUC
Taxable
Unit
Maximum
Special
Tax A
Maximum
Special
Tax B
Maximum
Special Tax C
(Contingent) Subdivider
Original 2022-23 TR 36672 136 SFR RU $408 $430 $261 Lennar Homes 1 2022-23 PP 13-0089 170 MFR RU $203 $305 $0 Villa Siena Property LLC 2 2022-23 TR 37476 77 SFR RU $583 $430 $262 KB Home Coastal Inc. 3 To Be Determined
4 2023-24 PM 37941 9.62 NR Acre $4,060 $0 $0
Strata Baxter, LLC and
Kaiser Foundation
Health Plan, Inc.
5 2023-24 TR 31896 117 SFR RU $788 $451.50 $503
D.R. Horton Los
Angeles Holding Co.
6 2023-24 LLA 2022-004 89 MFR RU $153 $320.25 $0 Wildomar Tres Lagos Partners LP
7 2024-25 TR
36781/36782 191 SFR RU $389 $474.08 $53 CRP/CWR Westpark Project, LLC 8 2023-24 LLA 2022-004 88 MFR RU $153 $320.25 $0 Palm Communities 9 2023-24 PP 21-0138 1.15 NR Acre $2,700 $0 $2,372 DMSD Cajun Properties LLC
10 2023-24 LLA 2020-008 20.20 NR Acre $251 $0 $433 Faith Bible Church Murrieta
11 2024-25 PM 38646 20.46 NR Acre $1,942 $0 $1,936 White Sable LLC and Wildomar One LLC
12 2024-25 PP 20-0044 288 MFR RU $133 $336.26 $0
OSR2 R&V Investors
and TMW Oak Springs 2
Del, LLC

Maximum Special Tax C (Contingent) - On each July 1, the Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. 505
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EXHIBIT B

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

The above services shall be limited to those provided within the boundaries of CFD No. 2022-1 or for the benefit of the properties within the boundaries of CFD No. 2022-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022-1 before CFD No. 2022-1 was created.
506
City of Wildomar 17
Community Facilities District No. 2022-1 (Services)

EXHIBIT C

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

PROPOSED BOUNDARIES
507
508

EXHIBIT B
BALLOT
509

SPECIAL TAX ELECTION

CITY OF WILDOMAR

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 7
(November 13, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 7 of the Community Facilities District No. 2022-1 (Services) (“CFD No. 2022-1”) of the City of Wildomar:

Name of Landowner Number of Acres Owned Total Votes
CRP/CWR Westpark Project, LLC 13.68 14
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than October 30, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on November 13, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 13, 2024.

Very truly yours,
Janet Morales
City Clerk
City of Wildomar
510
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

CRP/CWR Westpark Project, LLC
Attn: Matthew Thorne
5927 Priestly Drive #110
Carlsbad, CA 92008
376-410-013
376-410-023
376-410-025 (Por.)

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 7
MARK AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Maximum
Special Tax C (Contingent)
Single-Family Residential RU $389 $474.08 $53
plus an annual increase on each July 1, commencing July 1, 2025 Maximum Special Tax A and Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by five percent (5.0%), whichever is greater, all not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 7 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including landscaping, lighting, streets, drainage, parks, and graffiti for Special Tax A and drainage for Special Tax C (Contingent) and police and fire protection services for Special Tax B as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-60 adopted by the City Council of the City of Wildomar on October 9, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected? YES
NO
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

CRP/CWR Westpark Project, LLC
Matthew Thorne
COO
Signature
Print Name
Title
511

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 7)
November 13, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

EXHIBIT C

FULL TEXT OF PROPOSITION
513

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, DECLARING ELECTION
RESULTS FOR COMMUNITY FACILITIES DISTRICT NO.
2022-1 (SERVICES) ANNEXATION NO. 7
WHEREAS, the City Council (the "City Council") of the City of Wildomar (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2022-1 (Services) (the "CFD No. 2022-1") of the City of Wildomar, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for November 13, 2024, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2022-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated November 13, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR:

Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct.

Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2022-1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed 515
to pay the costs of the services to be provided by the CFD No. 2022-1 as specified in Resolution No. 2024-60 adopted by the City Council on October 9, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 7, Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on October 15th, 2024, in Book 94 of Maps of Assessment and Community Facilities Districts at Page 34, in the office of the Riverside County Recorder.

Section 5. Effect. This resolution shall take effect from and after its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
City Attorney City Clerk
516

EXHIBIT A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 7

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Deputy City Clerk or the City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Wildomar (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated October 4, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
CRP/CWR Westpark Project, LLC 14 14
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.

Janet Morales
City Clerk
City of Wildomar
By:

(Attach completed copies of Waiver/Consent and Ballots) 517

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.3
Meeting Date: November 13, 2024
SUBJECT: Public Hearing for Annexation No. 11, (Wildomar Commerce Center PM 38646) Consideration of Territory to be Annexed to Community Facilities District No. 2022-1 (Services), Calling an Election, Ordering the Levy and Collection of Special Taxes, and Declaring the Election Results for CFD 2022-1 (Services), Annexation No. 11
SUBMITTED BY: Jason Farag, Public Works Director
PREPARED BY: Ninette Eva, Associate Engineer
ACTION:

1. Open the public hearing;

2. Take testimony;

3. Close the public hearing;

4. Adopt Resolution entitled:

RESOLUTION NO. 2024 - ____

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

CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 11)

5. Hold the election;

6. Canvass the election; and

7. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 11)
SUMMARY:

Hold a Public Hearing to consider annexing Wildomar Commerce Center into CFD 2022-1 for Maintenance Services, hold a special election, and declare the election results.

BACKGROUND:

On October 9, 2024, the City Council adopted Resolution No. 2024-61, declaring its intention to annex territory to Community Facilities District No. 2022-1 (Services) (the “CFD No. 2022-1” or “CFD”) and commence the annexation proceedings for the territory to be annexed, also known as Annexation No. 11. A public hearing has been set for November 13, 2024 to conduct an election for the landowners and to declare the results of that election. 518
DISCUSSION:

As required by the Resolution of Intention, an annexation map was recorded on October 15, 2024, at 1:08 p.m. in Book 94, Page 35, Document No. 2024-0309420 of Maps of Assessment and Community Facilities Districts with the Riverside County Recorder.

The Resolution of Intention was adopted by the City Council in response to a petition filed by the property owner, White Sable, LLC, and Wildomar One, LLC, for PM 38646 containing

25.90 gross acres within the City and have requested that the City assist them in annexing territory into CFD No. 2022-1 (Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as landscaping, lighting, street maintenance, and drainage.

The area proposed within Annexation No. 11 will encompass 25.90 acres to include a 293,173 square-foot industrial/business park, with a FY 2024-25 maximum annual tax of $3,878 per acre, per year. The property proposed to be annexed into CFD No. 2022-1 will be included in Tax Zone 11. This tax rate includes a Maximum Special Tax A of $1,936 per acre per year for maintenance services of public facilities, and a Special Tax C (Contingent) of $1,942 per acre per year. Maximum Special Tax A will increase by the greater of Consumer Price Index (CPI) or 2%, and Special Tax C (Contingent) will increase by the greater of Consumer Price Index (CPI) or 2%, all not to exceed 6%. CRP/CWR Westpark Project, LLC, has agreed to the annexation into the CFD and submitted a "Consent and Waiver" form on file in the City Clerk's Office, to initiate and conduct proceedings pursuant to the Mello-Roos Act of 1982, requesting the annexation of property to CFD No. 2022-1 (Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to conduct the election.

FISCAL IMPACT:

The projected levy for Tax Zone 11 in FY 2024-25 is $39,613 for the first year of Special Tax A maintenance services. Special Tax C, if needed, will generate $39,731. These levies are intended to offset the City’s future costs to maintain the new public improvements. Costs associated with the processing of this annexation are covered by developer fees and deposits.

There is no impact to the General Fund.

ACCOUNT CODE:

Fund 612 - CFD 2022-1 Special Tax A
ATTACHMENTS:
1 - Project Map for Annexation No. 11
2 - Resolution Calling an Election
2A - Resolution Exhibits
3 - Resolution Declaring Election Results
3A - Resolution Exhibit A, Certificate of Election Results 519
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ANNEXATIONNO.11

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RESOLUTION NO. 2024-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, CALLING AN ELECTION

TO SUBMIT TO THE QUALIFIED ELECTORS THE

QUESTION OF LEVYING A SPECIAL TAX WITHIN THE

AREA PROPOSED TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2022-1 (SERVICES)
(ANNEXATION NO. 11)
WHEREAS, on April 13, 2022, the City Council (the “City Council”) of the City of Wildomar (the “City”) approved Resolution No. 2022-11 declaring the City’s intention to establish Community Facilities District No. 2022-1 (Services) of the City of Wildomar, County of Riverside, State of California (the "CFD No. 2022-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the City Council set a public hearing for June 8, 2022, after which the Council adopted Resolution No. 2022-30 forming the CFD No. 2022-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2022-1 were submitted to the qualified electors within the CFD No. 2022-1; and
WHEREAS, on June 8, 2022, the City Council adopted Resolution No. 2022-31 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on October 9, 2024, duly adopted Resolution No. 2024-61 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2022-1 (Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for November 13, 2024; and
WHEREAS, the territory proposed to be annexed is identified in the map entitled "Annexation Map No. 11 Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on October 15, 2024, in Book 94 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the Riverside County Recorder; and
WHEREAS, pursuant to the Act and the Resolution of Intention, a notice of public hearing was convened by the City Council on November 13, 2024, not earlier than the 521
hour of 6:00 p.m. at the City Hall located at 23873 Clinton Keith Road, Wildomar, California 92595, relative to the proposed annexation of said territory to CFD No. 2022- 1; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2022-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2022-1, or by the owners of onehalf (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2022-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2022-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2022-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and
WHEREAS, the City Clerk has concurred in the election date set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF

WILDOMAR, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2022-1 (SERVICES) OF THE CITY OF WILDOMAR, DETERMINE AND ORDER AS FOLLOWS:

Section 1 Recitals. The foregoing recitals are true and correct.

Section 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

Section 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2022-1 are valid and in conformity with the requirements of the Act.
522
Section 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2022-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2022-1, will be levied annually in CFD No. 2022-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit A hereto.

Section 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 13, 2024, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2022-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2022-1 on October 4, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2022-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2022-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2022-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5.
523
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2022-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit B. The full text of the ballot for said elections shall be as set forth in Exhibit C and shall be included in the ballot pamphlet mailed to each qualified elector.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 6:00 p.m. on November 13, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
City Attorney City Clerk
524

EXHIBIT A

RATE AND METHOD OF APPORTIONMENT
525
City of Wildomar 1
Community Facilities District No. 2022-1 (Services)

RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

All of the real property in CFD No. 2022-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Wildomar, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 of preceding the Fiscal Year in which the Special Tax is being levied and for which no building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” meansthat identification number assigned to a parcel by the County Assessor of the County.
"Building Permit" means the first legal document issued by the City giving official permission for new 526
City of Wildomar 2
Community Facilities District No. 2022-1 (Services)
construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. "Calendar Year" means the period commencing January 1 of any year and ending the following December

31. “CFD” or “CFD No. 2022-1” means Community Facilities District No. 2022-1 (Services) of the City of Wildomar.
“City” means the City of Wildomar.
“Contingent Services” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed to be provided by the City in the event the Administrator makes a determination pursuant to Section C(3) that a Property Owners’ Association fails to adequately provide such services.
“County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) have an Assessor’s Parcel Number from the County shown on an Assessor’s Parcel Map for the individual lot included on the Final Map, and (iii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 6624 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means, any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means the Maximum Special Tax A, Maximum Special Tax B, and/or Maximum Special Tax C (Contingent), as applicable.
527
City of Wildomar 3
Community Facilities District No. 2022-1 (Services)
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax B” means the Maximum Special Tax B, as determined in accordance with Section C, below, that can be levied in any Fiscal Year on any Assessor's Parcel within CFD No. 2022-1. “Maximum Special Tax C (Contingent)” means for each Assessor’s Parcel and each Fiscal Year, the maximum Special Tax C (Contingent), as determined in accordance with Section C below that can be levied on such Assessor’s Parcel in such Fiscal Year.
“Multi-Family Residential Property” or “MFR” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units available for rental, but not purchase, by the general public and under common management. “Non-Residential Property” or “NR” means, all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain services within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2022-1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” or “SFR” means any residential property that consists of a building comprised of attached or detached residential units available for purchase or rent by the general public. “Special Tax(es)” means the Special Tax A and/or Special Tax B and/or Special Tax C (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. 528
City of Wildomar 4
Community Facilities District No. 2022-1 (Services)
"Special Tax A Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for bonds or other forms of indebtedness. “Special Tax B” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax B Requirement" means that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs of CFD No. 2022-1 in the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection services, (ii) fire protection and suppression services, (iii) fund an operating reserve for the costs of Services as determined by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax B Requirement include funds for bonds or other forms of indebtedness.
“Special Tax C (Contingent)” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax C (Contingent) Requirement, if required. “Special Tax C (Contingent) Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Contingent Service(s) to: (i) pay the costs of Contingent Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Contingent Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax C (Contingent) levy as determined by the Administrator. Under no circumstances shall the Special Tax C (Contingent) Requirement include funds for bonds or other forms of indebtedness..
"Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. "Tax Zone Original" means the geographic area the specific area identified on the CFD Boundary Map as Tax Zone Original.
"Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2022-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property 529
City of Wildomar 5
Community Facilities District No. 2022-1 (Services)
and Approved Property shall be classified as either Residential Property or Non-Residential Property.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, Appendix A to this RMA shall be updated to reflect the Maximum Special Tax A for Developed Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Developed Property for such Tract or Tracts as specified in such updated Appendix A for the annexed property which shall reflect the Maximum Special Tax for the Tract or Tracts annexed. The Maximum Special Tax A for Fiscal Year 2022-2023 for a Residential Unit of Developed Property within the Tax Zone Original are identified in Table 1 below:
530
City of Wildomar 6
Community Facilities District No. 2022-1 (Services)
TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
Original TR 36672
Single Family Residential Property RU $408
Multi-Family Residential Property RU $408
Non-Residential Property Acre $5,267
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property in Table 2 is specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022-1, the Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax A for Approved Property for the Tract or Tracts annexed and the Special Tax A shall be levied up to the Maximum Special Tax A for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax A for Fiscal Year 2022-2023 per Residential Unit for Approved Property within Tax Zone Original is identified in Table 2 below:
531
City of Wildomar 7
Community Facilities District No. 2022-1 (Services)
TABLE 2

MAXIMUM SPECIAL TAX A RATES

TABLE 3

MAXIMUM SPECIAL TAX A RATES

2. Special Tax B
The Special Tax B is an annual Special Tax that shall be levied on Developed Property to fund the Special Tax B Requirement.
a. Developed Property
(i) Maximum Special Tax B
532
City of Wildomar 8
Community Facilities District No. 2022-1 (Services)
The Maximum Special Tax B for Fiscal Year 2022-2023 for each Land Use Category within Tax Zone Original is shown in Table 4. When additional property is annexed into CFD No. 2022-1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax B for the Tract or Tracts annexed and the Special Tax B shall be levied up to the Maximum Special Tax B for Developed Property for such Tract or Tracts as specified in such updated Appendix A.

TABLE 4

MAXIMUM SPECIAL TAX B RATES

The Special Tax B shall not be levied on Approved or Undeveloped Property.

3. Special Tax C (Contingent)
The City Council shall levy Special Tax C (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property
(i) Maximum Special Tax C (Contingent)
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Taxable Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Developed Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 5 below:
533
City of Wildomar 9
Community Facilities District No. 2022-1 (Services)
TABLE 5

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

DEVELOPED PROPERTY
FISCAL YEAR 2022-2023
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax C
(Contingent)
Original TR 36672
Single Family Residential Property RU $261
Multi-Family Residential Property RU $261
Non-Residential Property Acre $3,372
(ii) Increase in the Maximum Special Tax C (Contingent) On each July 1, commencing on July 1, 2023 with respect to Tax Zone Original, the Maximum Special Tax C (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax C (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax C (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax C (Contingent) for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2022- 1, Appendix A to this rate and method shall be updated to reflect the Maximum Special Tax C (Contingent) for the Tract or Tracts annexed and the Special Tax C (Contingent) shall be levied up to the Maximum Special Tax C (Contingent) for Approved Property for such Tract or Tracts as specified in such updated Appendix A. The Maximum Special Tax C (Contingent) for Fiscal Year 2022-2023 within Tax Zone Original is identified in Table 6 below:
534
City of Wildomar 10
Community Facilities District No. 2022-1 (Services)
TABLE 6

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

TABLE 7

MAXIMUM SPECIAL TAX C (CONTINGENT) RATES

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2022-2023 and for each following Fiscal Year in which Special Tax A is authorized to be levied, the Council shall determine the Special Tax A Requirement and shall levy 535
City of Wildomar 11
Community Facilities District No. 2022-1 (Services)
the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement. The Special Tax A shall be levied for each Fiscal Year within each Tax Zone as follows:

The Special Tax B shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax B to satisfy the Special Tax B Requirement.

First: The Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable Maximum Special Tax C (Contingent) to satisfy the Special Tax C (Contingent) Requirement;
Second: If additional moneys are needed to satisfy the Special Tax C (Contingent) Requirement after the first step has been completed, the Special Tax C (Contingent) shall be levied Proportionately on each Parcel of Approved Property at up to 100% of the Maximum Special Tax C (Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax C (Contingent) Requirement after the first two steps has been completed, the Special Tax C (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property up to 100% of the Maximum Special Tax C (Contingent) for Undeveloped Property.
536
City of Wildomar 12
Community Facilities District No. 2022-1 (Services)
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2022-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services.

F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.

I. MANNER OF COLLECTION
The Special Tax(es) shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 537
City of Wildomar 13
Community Facilities District No. 2022-1 (Services)

APPENDIX A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

TAX ZONE 11 – SPECIAL TAX A
PM 38646
Item Description Estimated Cost
1 Landscaping $9,553
2 Lighting $6,216
3 Streets $17,871
4 Drainage $1,986
5 Reserves $2,071
6 Admin $1,916
Total $39,613
Special Tax C (Contingent) Services – The estimate in the table below breaks down the costs of providing one year’s contingent maintenance services for Fiscal Year 2024-25. If necessary, these services will be funded by the levy of Special Tax C (Contingent) for Community Facilities District No. 2022-1 (Services).

TAX ZONE 11 – SPECIAL TAX C (Contingent)
PM 38646
Item Description Estimated Cost
1 Landscaping $3,128
2 Streets $3,552
3 Drain $27,752
4 Reserves $3,443
5 Admin $1,857
Total $39,731
538
City of Wildomar 14
Community Facilities District No. 2022-1 (Services)
TAX ZONE 11
PM 38646
FY 2024-2025 MAXIMUM SPECIAL TAX RATES
Taxable
Property
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Maximum
Special Tax C
(Contingent)
Developed Property Non-Residential Acre $1,936 N/A $1,942 Approved Property Non-Residential Acre $1,936 N/A $1,942 Undeveloped Property Non-Residential Acre $1,936 N/A $1,942 539
City of Wildomar 15
Community Facilities District No. 2022-1 (Services)

MAXIMUM SPECIAL TAXES ASSIGNED TO EACH TAX ZONE

FOR DEVELOPED PROPERTY
Tax
Zone
Fiscal
Year
Included Tract
No. of
Taxable
Units LUC
Taxable
Unit
Maximum
Special
Tax A
Maximum
Special
Tax B
Maximum
Special Tax C
(Contingent) Subdivider
Original 2022-23 TR 36672 136 SFR RU $408 $430 $261 Lennar Homes 1 2022-23 PP 13-0089 170 MFR RU $203 $305 $0
Villa Siena Property
LLC
2 2022-23 TR 37476 77 SFR RU $583 $430 $262 KB Home Coastal Inc. 3 To Be Determined
4 2023-24 PM 37941 9.62 NR Acre $4,060 $0 $0
Strata Baxter, LLC and
Kaiser Foundation
Health Plan, Inc.
5 2023-24 TR 31896 117 SFR RU $788 $451.50 $503 D.R. Horton Los Angeles Holding Co.
6 2023-24 LLA 2022-004 89 MFR RU $153 $320.25 $0 Wildomar Tres Lagos Partners LP
7 2024-25 TR
36781/36782 191 SFR RU $389 $474.08 $53 CRP/CWR Westpark Project, LLC 8 2023-24 LLA 2022-004 88 MFR RU $153 $320.25 $0 Palm Communities 9 2023-24 PP 21-0138 1.15 NR Acre $2,700 $0 $2,372 DMSD Cajun Properties LLC
10 2023-24 LLA 2020-008 20.20 NR Acre $251 $0 $433 Faith Bible Church Murrieta
11 2024-25 PM 38646 20.46 NR Acre $1,936 $0 $1,942 White Sable, LLC and Wildomar One, LLC
12 2024-25 PP 20-0044 288 MFR RU $133 $336.26 $0
OSR2 R&V Investors,
LLC and TMW Oak
Springs 2 Del, LLC

Maximum Special Tax C (Contingent) - On each July 1, the Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater. 540
City of Wildomar 16
Community Facilities District No. 2022-1 (Services)

EXHIBIT B

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

The above services shall be limited to those provided within the boundaries of CFD No. 2022-1 or for the benefit of the properties within the boundaries of CFD No. 2022-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2022-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2022-1 before CFD No. 2022-1 was created.
541
City of Wildomar 17
Community Facilities District No. 2022-1 (Services)

EXHIBIT C

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)

PROPOSED BOUNDARIES
542
543

EXHIBIT B
BALLOT
544

SPECIAL TAX ELECTION

CITY OF WILDOMAR

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 11
(November 13, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 11 of the Community Facilities District No. 2022-1 (Services) (“CFD No. 2022-1”) of the City of Wildomar:

Name of Landowner Number of Acres Owned Total Votes
White Sable, LLC 17.79 18
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on November 13, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 13, 2024.

Very truly yours,
Janet Morales
City Clerk
City of Wildomar
545
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

White Sable, LLC
Attn: Michael Austin
9471 Irvine Center Drive STE 100
Irvine, CA 92618
380-520-001, -002, -003,
-004, -005, -006, -007, -008,
380-250-052, -053, -054, -055, -056

ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 11
MARK AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Maximum
Special Tax A
Maximum
Special Tax C (Contingent)
Non-Residential $1,936 $1,942
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year, not to exceed 6%, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 11 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including landscaping, lighting, streets, and drainage for Special Tax A and landscaping, streets and drainage for Special Tax C (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-61 adopted by the City Council of the City of Wildomar on October 9, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected?
YES
NO
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

White Sable, LLC
Michael Austin
Manager
Signature
Print Name
Title
546

SPECIAL TAX ELECTION

CITY OF WILDOMAR

Name of Landowner Number of Acres Owned Total Votes
Wildomar One, LLC 8.11 9
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Wildomar (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 6:00 p.m. on November 13, 2024, at the Clerk’s office at 23873 Clinton Keith Road, Suite 201 Wildomar, CA 92595.

However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 13, 2024.

Very truly yours,
Janet Morales
City Clerk
City of Wildomar
547
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):

Wildomar One, LLC
Attn: Michael Austin
9471 Irvine Center Drive STE 100
Irvine, CA 92618
380-520-001, -002, -003,
-004, -005, -006, -007, -008,
380-250-052, -053, -054, -055, -056

Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Wildomar One, LLC
Michael Austin
Manager
Signature
Print Name
Title
548

EXHIBIT C

FULL TEXT OF PROPOSITION
549

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES) (ANNEXATION NO. 11)
November 13, 2024
SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of Wildomar be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use Category Maximum Special Tax A
Maximum Special Tax C
(Contingent)
Non-Residential $1,936 $1,942
plus an annual increase on each July 1, commencing July 1, 2025 Maximum Special Tax A and Maximum Special Tax C (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumers for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, and Maximum Special Tax B for Developed Property shall increase by i) the percentage increase in the Consumer Price Index for all Urban Consumer for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by five percent (5.0%), whichever is greater, all not to exceed six percent (6.0%), to finance certain services within the territory identified on the map entitled “Annexation Map No. 11 of Community Facilities District No. 2022-1 (Services) City of Wildomar” including landscaping, lighting, streets, and drainage for Special Tax A and landscaping, streets and drainage for Special Tax C (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-61 adopted by the City Council of the City of Wildomar on October 9, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2022-1 (Services) in the amount of special taxes collected? 550
RESOLUTION NO. 2024-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF WILDOMAR, CALIFORNIA, DECLARING ELECTION
RESULTS FOR COMMUNITY FACILITIES DISTRICT NO.
2022-1 (SERVICES) ANNEXATION NO. 11
WHEREAS, the City Council (the "City Council") of the City of Wildomar (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2022-1 (Services) (the "CFD No. 2022-1") of the City of Wildomar, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for November 13, 2024, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2022-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and
WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated November 13, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WILDOMAR:

Section 1. Recitals. This Council finds and determines that the foregoing recitals are true and correct.

Section 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2022-1 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the territory to be annexed 551
to pay the costs of the services to be provided by the CFD No. 2022-1 as specified in Resolution No. 2024-61 adopted by the City Council on October 9, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 11, Community Facilities District No. 2022-1 (Services)" a copy of which was recorded, on October 15, 2024, in Book 94 of Maps of Assessment and Community Facilities Districts at Page 35, in the office of the Riverside County Recorder.

Section 5. Effect. This resolution shall take effect from and after its adoption.

PASSED, APPROVED AND ADOPTED this 13th day of November 2024:

Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:

Thomas D. Jex Janet Morales
City Attorney City Clerk
552

EXHIBIT A

CITY OF WILDOMAR
COMMUNITY FACILITIES DISTRICT NO. 2022-1 (SERVICES)
ANNEXATION NO. 11

CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the Deputy City Clerk or the City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of Wildomar (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated October 4, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
White Sable, LLC 18 18
Wildomar One, LLC 9 9
Total 27 27
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024.

Janet Morales
City Clerk
City of Wildomar
By:

(Attach completed copies of Waiver/Consent and Ballots) 553

CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.4
Meeting Date: November 13, 2024
SUBJECT: Tax Equity and Fiscal Responsibility Act Public Hearing Authorizing California Municipal Finance Authority to Issue Bonds on Behalf of Wildomar Family Housing, L.P.

SUBMITTED BY: Heidi Schrader, Administrative Services Director PREPARED BY: Heidi Schrader, Administrative Services Director ACTION:

1. Conduct a Tax Equity and Fiscal Responsibility Act (TEFRA) Public Hearing regarding the issuance of revenue bonds along with the related plan of financing for the acquisition, development, construction and equipping of Wildomar Cottages, an 130-unit residential rental project to be located at 32650 Mesa Drive, within the City of Wildomar

2. Adopt a Resolution entitled:

RESOLUTION NO. 2024-___

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

APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF REVENUE BONDS BY

THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE AND REFINANCE A QUALIFIED

RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF WILDOMAR FAMILY HOUSING, L.P., A CALFORNIA LIMITED PARTNERSHIP (OR AN AFFILIATE), AND CERTAIN OTHER

MATTERS RELATING THERETO
SUMMARY:

Conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $55,000,000, (the “Bonds”), to finance and refinance the costs of the acquisition, development, construction and equipping of a 130-unit qualified residential rental project (the “Project”) to be located at 32650 Mesa Drive within the City of Wildomar and pay certain expenses in connection with the issuance of the Bonds.

BACKGROUND:

The CMFA was created on January 1, 2004 pursuant to a joint exercise of powers agreement to promote economic, cultural and community development, through the financing of economic development and charitable activities throughout California. The CMFA was formed to assist local governments, non-profit organizations and businesses with the issuance of taxable and tax-exempt bonds aimed at improving the standard of living in California. To date, over 200 municipalities, including the City of Wildomar have become members of CMFA. The Board of Directors of the California Foundation for Stronger 554
Communities, a California non-profit public benefit corporation (the “Foundation”), acts as the Board of Directors for the CMFA. The CMFA serves as a conduit issuer and provides access to an efficient mechanism to finance locally approved projects.

DISCUSSION:

The City has received a request from the CMFA to conduct a TEFRA public hearing as required by the Internal Revenue Code in order to issue one or more series of tax-exempt Bonds in an aggregate amount not to exceed $55 million. The Bonds will be issued by the CMFA for the purpose of providing financing on behalf of Wildomar Family Housing, LP, a California limited partnership or another ownership entity to be created by Affirmed Housing Group, Inc. (together with the LP, the "Borrower"). The Borrower will use the proceeds of the Bonds to finance and refinance the costs of the acquisition, development, construction and equipping of the Wildomar Cottages, a 130-unit qualified residential rental project to be located at 32650 Mesa Drive within the City of Wildomar and to pay certain expenses in connection with the issuance of the Bonds.

The Bonds will be private activity bonds for the purpose of the Internal Revenue Code, and per Section 147(f), must be approved by the governmental agency having jurisdiction over the area in which the project to be financed is located. The City will not be under any obligation to repay the Bond indebtedness.

In order for the CMFA to issue such Bonds, the City must (1) conduct a public hearing allowing all interested parties to comment on the approval of the TEFRA financing, and (2) approve the CMFA's issuance of Bonds on behalf of the proposed financing plan. Although the CMFA (not the City) will be the issuer of the Bonds for the Project, the financing cannot proceed without the City approving the CMFA's issuance of the Bonds for the financing of the Project.

FISCAL IMPACT:

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no financial, legal, moral obligation, liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California but are to be paid for solely from funds provided by the Borrower.

Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives with its member communities. With respect to the City of Wildomar, it is expected that that a portion of the issuance fee attributable to the City will be granted by the CMFA to the general fund of the City. Such grant may be used for any lawful purpose of the City.

ATTACHMENTS:

TEFRA Resolution_11_13_2024.docx
TEFRA Notice - Wildomar Cottages.docx
555
RESOLUTION NO. 2024 - _____

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

CALIFORNIA, APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF

REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE

AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT FOR THE BENEFIT OF WILDOMAR FAMILY HOUSING, L.P., A CALIFORNIA LIMITED

PARTNERSHIP (OR AN AFFILIATE), AND CERTAIN OTHER MATTERS RELATING

THERETO
WHEREAS, Affirmed Housing Group, Inc. (the “Sponsor”), on behalf of Wildomar Family Housing, L.P., a California limited partnership, or another ownership entity to be created by the Sponsor or an affiliate of the Sponsor for the purpose of owning the project described herein (such limited partnership or other ownership entity being referred to herein as the “Borrower”), has requested that the California Municipal Finance Authority (the “Authority”) undertake a plan of finance, including the issuance from time to time of one or more series of revenue bonds in an aggregate principal amount not to exceed $55,000,000 (together with a like amount of refunding obligations) (the “Bonds”), to finance and refinance (1) the costs of the acquisition, development, construction and equipping of a 130-unit qualified residential rental project (the “Project”) to be located at 32650 Mesa Drive within the City of Wildomar, California (the “City”), and to be owned and operated by the Borrower; and (2) pay certain expenses in connection with the issuance of the Bonds; and
WHEREAS, an “applicable elected representative” of the jurisdiction in which the Project is to be located is required to approve the plan of finance for the Project, including the issuance of the Bonds, under Section 147(f) of the Code; and WHEREAS, the City Council of the City (the “City Council”) is the elected legislative body of the City and is an “applicable elected representative” for purposes of Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Council approve the plan of finance for the Project, including the issuance of the Bonds by the Authority, in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the “Agreement”), among certain local agencies, including the City; and
WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the plan of finance for the Project, including the issuance of the Bonds by the Authority;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
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2 SECTION 1. The foregoing recitals are true and correct.

SECTION 2. The City Council hereby approves the plan of finance for the Project, including the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the plan of finance for the Project, including the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of a governmental unit having jurisdiction over the area in which the Project is to be located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.

SECTION 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.

SECTION 4. The City Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel:

Ronald E. Lee, Esq.

Jones Hall, APLC
475 Sansome Street, Suite 1700
San Francisco, CA 94111
SECTION 5. This resolution shall take effect immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED this 13th day of November 2024. ______________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on November 13, 2024, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held with respect to a plan of finance that includes the proposed issuance by the California Municipal Finance Authority (the “Authority”) of its revenue bonds in one or more series in an amount not to exceed $55,000,000 (together with a like amount of refunding obligations) (the “Bonds”), including but not limited to revenue bonds issued to finance or refinance the acquisition, construction, development and equipping of a 130-unit qualified residential rental project located at 32650 Mesa Drive, on an approximately 8.98-acre site west of Interstate 15, east of Mesa Drive, south-southeast of Sedco Boulevard and north-northwest of Muscatel Road (the “Project”), in the City of Wildomar, California (the “City”). The Project is to be owned and operated by Wildomar Family Housing, L.P., a California limited partnership (the “Borrower”), or another ownership entity to be created by Affirmed Housing Group, Inc. (the “Sponsor”), or an affiliate of the Sponsor (such limited partnership or other ownership entity, the “Borrower”).

The Bonds and the obligation to pay principal thereof and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the City, the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.

The hearing will commence at 6:00 p.m. or as soon thereafter as the matter can be heard and will be held in the Wildomar City Hall Council Chambers at 23873 Clinton Keith Road, Suite 106, Wildomar, California. Interested persons wishing to express their views on the issuance of the Bonds or on the nature and location of the facilities proposed to be financed may attend the public hearing or, prior to the time of the hearing, submit written comments.

Additional information concerning the above matter may be obtained from, and written comments should be addressed to City Clerk, Wildomar City Hall, 23873 Clinton Keith Road, Suite 201, Wildomar, California 92595.

Dated: ________________, 2024
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CITY OF WILDOMAR

CC - REGULAR MEETING

PUBLIC HEARING
Agenda Staff Report # 2.5
Meeting Date: November 13, 2024
SUBJECT: The Cake House East Retail Cannabis Proposal (CUP/DA No. 24-0035) - A proposal to establish a store-front retail cannabis business in an approved (not yet built) 3,936 square-foot commercial retail lease space (Catt Crossings Retail Center).

SUBMITTED BY: Matthew Bassi, CD Director
PREPARED BY: Matthew Bassi, CD Director
ACTION:

The Planning Commission recommends the City Council take the following actions:

1. Find and determine that approval of Conditional Use Permit/Development Agreement No. 24-0035 meets the findings for a Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class 1) of CEQA; and

2. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVING CONDITIONAL USE PERMIT NO. 24-0035, SUBJECT TO CONDITIONS, TO ESTABLISH A RETAIL CANNABIS BUSINESS WITHIN AN APPROVED 3,936-FOOT RETAIL LEASE SPACE LOCATED AT 23825 CATT ROAD (APN: 380-240-001)

3. Introduce and Approve for First Reading an Ordinance entitled:

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH SECTION 15301 (CLASS 1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVING DEVELOPMENT AGREEMENT NO. 24-0035 TO ESTABLISH A RETAIL CANNABIS BUSINESS WITHIN AN APPROVED 3,936 SQUARE-FOOT RETAIL BUILDING LEASE SPACE LOCATED AT 23825 CATT ROAD (CATT CROSSINGS RETAIL CENTER) SUMMARY:

Planning Commission Meeting Summary/Action:

The Planning Commission reviewed CUP/DA 24-0035 at its October 23, 2024 special meeting. The Commission raised questions about security measures to be taken and if these measures would be similar measures approved by the Commission/Council at their existing Cake House business on Palomar/Clinton Keith. The applicant assured the Commission that 559
the security measures are the same as currently being employed at the current business.

There was one public speaker (Veronica Langworthy) who recommended the RSO prepare a public safety report from May 2020 to Present evaluating how cannabis has impacted the City.

Staff response was that we would work with the RSO on this report, but the request was not a site specific issue related to the proposed CUP/DA. Ms. Langworthy also submitted a comment email/letter to the Commission (Attachment H) which staff provided responses to in the October 23rd PC report (see discussion below).

After Commission discussion, the Planning Commission voted 4-0-1 (Bernard absent) to adopt PC Resolution No. 2024-13 and 2024-14 recommending City Council approval of the proposed CUP No. 24-0035, subject to conditions and approval of the proposed Development Agreement No. 24-0035.

BACKGROUND:

Project Description:

The Applicant (CCG Catt, LLC (Saad Pattah) is proposing to establish a retail cannabis business within an approved 3,936 square-foot retail lease space (Catt Crossings Retail Center) within the C-P-S zone located at 23825 Catt Road. The proposed Cannabis project requires the following applications for review by the City Council:
1) Adoption of a Categorical Exemption - The proposed project meets the findings for a Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class1) of CEQA. Class 1 consists of the operation or minor alteration of existing structures involving negligible expansion of the existing space.
2) Conditional Use Permit No. 24-0035 - In accordance with Section 17.315.040 of the Wildomar Municipal Code (WMC), the proposal to establish a retail cannabis business within an approved 3,936 square -foot retail lease space (Catt Crossings Retail Center) within the CP-S zone located at 23825 Catt Road requires approval of a Conditional Use Permit. 3) Development Agreement No. 24-0035 - In accordance with Section 17.315.040 of the WMC, the proposal to establish a retail cannabis business within an approved 3,936 squarefoot retail lease space (Catt Crossings Retail Center) within the C-P-S zone located at 23825 Catt Road requires approval of a Development Agreement.

Project Location/Vicinity:

The proposed cannabis use will be located in an approved multi- tenant commercial/retail building known as Catt Crossings located in the C-P-S zone at 23825 Catt Road. The subject property is about 0.66 acres +/- in size and the lease space is 3,936 square feet in size and located immediately west of the Chevron gas station at the NEC of I-15 freeway and Clinton Keith Road. Refer to Attachment E for vicinity/location map and land use table.

Local Cannabis License No. 24-0035:

In accordance with Chapter 5.76 (Commercial Cannabis Licensing / Ordinance No. 188) of the WMC, the proposal to establish a retail cannabis business first requires the review and approval of a Local Cannabis License. Review of the local license is an administrative review procedure not subject to the Planning Commission or City Council approval, and does not require a public hearing. The Applicant submitted their local license application on April 23, 2024. The local license cannabis package was distributed to city staff, including the Riverside 560
County Fire department and Riverside County Sherriff's Office. A local license cannabis package requires elements of the proposal, including but not limited to, a detailed statement of qualifications, business/operations plan, fire protection plan, safety/security plan, waste disposal plan, odor abatement plan and visitor requirement plan. In addition the Applicant is required to submit the following (which they did in compliance):

The Applicant shall submit proof that the he/she is, or will be, entitled to possession of the premises for which application is made. Evidence of lawful possession consists of properly executed deeds of trust, leases, evidence of ownership of the licensed premises, or other written documents acceptable to the City. This information must be submitted concurrently with the Local License application or the application will not be processed.

An Authorization Letter from the Applicant and Property Owner (separate letter attachment) for the City to seek verification of the information contained within this application.

Proof of the nature of the cannabis business's organizational status, such as articles of incorporation, by-laws, organizational minutes, partnership agreements, or such other documentation acceptable to the city.

An authorization letter (signed) from the property owner and/or property management company (if proposed in a multi-tenant retail center) acknowledging submittal of the Local License Application.

Based on Staff's review of the Local License cannabis package, the City approved Local License No. 24-0035, subject to conditions on June 24, 2024. While the local license cannabis package does not require Commission or Council approval, the information within it is very informative for the Commission and Council’s understanding of how this cannabis business will operate. The Local License is good for two (2) years and must be renewed prior to the expiration date of June 24, 2026. A copy of the approved Local License cannabis package is provided in Attachment E.

Conditional Use Permit No. 24-0035:

In accordance with Section 17.315.040 of the WMC, the proposal to establish a retail cannabis business within an approved 3,936 square-foot retail lease space within the C-P-S zone requires approval of a Conditional Use Permit (CUP). The Applicant submitted their application for a CUP on April 23, 2024. The proposed cannabis use and CUP were evaluated by Staff and Riverside County Fire Department. Review of the proposed cannabis use was conducted in accordance with Chapter 17.315 (Ordinance No. 187) of the Wildomar Municipal Code.

The CUP cannabis package requires elements of the proposal, including but not limited to, a statement of qualifications, project description, neighborhood compatibility plan, security plan, and parking analysis. Each of these elements are addressed in the Analysis section of this staff report. In addition, the CUP Cannabis package includes interior floor plans, and detailed information about the CCG Catt, LLC (Saad Pattah) business model. A copy of the proposed CUP cannabis package is provided in Attachment A-Exhibit 2.

Cannabis Use Exhibits:

The exhibits reflected in Attachment C and D illustrate the interior and exterior “elevations” exhibits as well as the 100’ and 600’ buffer area maps exhibits.

Public Email Comment Letter (Ms. Veronica Langworthy):
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Prior to the October 2, 2024 Commission meeting, staff received an email from Ms. Veronica Langworthy that was forwarded to the Commission (refer to Attachment H). the letter outlines several concerns itemized as follows. Staff has provided responses to each below. 1) City staff and fire dept weighed in on the business but there does not appear to be law enforcement/sheriff dept report.

This was an oversight on Staff’s part which lead to the request for a continuance. The Riverside Sheriff’s Office (RSO) has since reviewed the proposed cannabis package focusing on Chapters 5, 6, & 8 of the Local License cannabis package and Chapter 7 of the CUP cannabis package. These chapters describe the safety and security measures being proposed by the Applicant. The RSO (Captain Rayls) completed their review of these items and notified the planning department that the proposed safety and security are consistent with their policies and they have “cleared” this cannabis proposal. 2) Ms. Langworthy is requesting a formal report from sheriff’s dept. from May 2020 to present about public safety issues — increases in DUI, illegal grow, theft, battery, assault, etc. drugrelated crimes.

It is Staff’s opinion that this information is unrelated to the specific retail cannabis CUP/DA being proposed as it’s a more of a “global/general” issue to be coordinated with the RSO.

Staff does not recommend holding up the CUP/DA but will help coordinate this report with RSO and Ms. Langworthy.
3) Neighbors/commuters in proximity to Cake House West mention traffic incidents — the proposed location for Cake House East is at the I-15 / Clinton-Keith gateway to our city — an important corridor for emergency vehicles and commuters and shoppers.

Staff is not in receipt of any complaints or incident reports about the Applicant’s current operations at the Cake House on CKR/Palomar.

The proposed cannabis use will be part of a Planning Commission approved retail center (Catt Crossings) which is conditioned to provide full on-site and off-site public street improvements.

The Riverside County Fire Department reviewed the Catt Crossings retail center and found it in compliance with all fire standards and requirements. In addition, they have reviewed the proposed retail cannabis use and determined it to be in compliance. 4) Although not a park, there is a sensitive environmental mitigation area within 600 feet of the site.

Comment noted but not applicable to the proposed CUP/DA. 5) How many cannabis businesses already are established in the city? The City Council has approved four (4) retail cannabis businesses (Culture Club, Stizzy, Cake House and Element 7 (now Buzz Cannabis). Culture Club has recently ceased their operations so the city has not renewed their local license. Buzz Cannabis is going through the Tenant Improvement (TI) process and may open their business shortly after the new year. 6) how many properties have been inquired about?
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Staff has received numerous calls regarding retail cannabis proposals since 2020 when Ordinance No. 187 & 188 were adopted. We do not keep accounting of how many calls we receive.
7) city said that to fund the District Attorney’s Task Force, the city projected 10 businesses would be needed for that purpose? How is over taxation of Schedule I substance meeting the expenses to city for public safety and other costs?
The operation and funding of the annual regulatory license fee is in the purview of the City Council and not the Planning Commission. Staff will provide updated detail for the City Council meeting scheduled for November 13, 2024 provided the Commission recommends approval to the City Council of CUP/DA 24-0035 at tonight’s meeting.

Development Agreement No. 24-0035:

In accordance with Section 17.315.040 of the WMC, the proposal to establish a retail cannabis business in an approved 3,936 square- foot retail lease space within the C-P-S zone located at 23825 Catt Road requires approval of a Development Agreement (DA) . The DA establishes the requirements and procedures that provide certainty, definition and commitment to developers as well as to necessary public improvements required by development. The DA also establishes a Development Agreement Fee (to be paid by the Applicant annually) to operate a cannabis business in Wildomar and other legal requirements. Each of these elements are addressed in detail in the Analysis section of this staff report. A copy of the agreement and provisions therein is provided in Attachment B, Exhibit 1).

DISCUSSION:

Project Analysis:

Conditional Use Permit No. 24-0035:

The CUP cannabis package was evaluated by City Staff, including the Riverside County Fire department and Riverside County Sherriff's Office in accordance with Section 17.315.050 of the WMC. The CUP cannabis package requires the Applicant to provide information on specific elements of the cannabis business and how they will operate, including but not limited to, a detailed statement of qualifications, project description, floor plans/interior elevation details, neighborhood compatibility plan, security plan and parking analysis, etc. Staff also reviews the location of the cannabis business to ensure that the 100’ distance requirement from a residential use is achieved and the 600’ distance requirement from public/private schools providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), parks and/or youth centers. In addition, the Applicant shall submit proof that the he/she is, or will be, entitled to possession of the premises for which application is made. Evidence of lawful possession consists of properly executed deeds of trust, leases, evidence of ownership of the licensed premises, or other written documents acceptable to the City. This information was submitted concurrently with the Local License application.

Based on staff’s review, it has been determined that the proposal by the Applicant to establish retail cannabis business in an approved 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road has met and/or exceeded the standards outlined in this code section. Attachments C and D illustrate the interior and exterior “elevations” exhibits as well as the 100’ and 600’ buffer area maps exhibits. This includes a finding that the cannabis use at 563
this location does meet the 100’ distance requirement from a residential use and meets the 600’ distance requirement from public/private schools, commercial day care centers, parks and/or youth centers. (refer to Attachment G). In addition to special operational and use conditions of approval applied to the Local License cannabis package (Attachment E), staff has proposed special operational and use conditions of approval for the CUP (Attachment A, Exhibit 1). The proposed cannabis proposal package is provided for Commission consideration in Attachment A-Exhibit 2. Findings to support approval of CUP No. 24-0035 are provided below.

Conditional Use Permit No. 24-0035 Findings:

In accordance with Section 17.200.050 of the Wildomar Municipal Code, the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, recommends the City Council find and determine as follows:

A. That the proposed location, use and operation of the conditional use is in accord with the purposes of the zone in which the site is located, is consistent with the General Plan and complies with other relevant city regulations, policies and guidelines.

Evidence: Conditional Use Permit (CUP) No. 24-0035 t to establish a retail cannabis business in an approved 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road in the City of Wildomar is consistent with the existing general plan land use designation of Commercial Retail (CR) and zoning designation of C-P-S (Scenic Highway Commercial) zone. The existing zoning of C-P-S which conditionally permits retail cannabis sales is highly consistent with the CR land use designation. The proposed cannabis use is a conditionally permitted use subject to approval of a CUP as outlined in Section 17.315.040 of the WMC. In review of the proposed cannabis package including all required elements outlined in Ordinance No. 187, the cannabis use proposed meets and exceeds all the development standards of Section 17.315 of the WMC, including the 600’ distance standard from a public or private school providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), a park and a youth center, and the 100’ distance standard from a residential use. In addition, the Applicant has submitted and received approval for a Local License for retail cannabis sales at this location in accordance with Chapter 5.76 of the WMC, and has meet and exceeded all those requirements. Given these facts, the proposed cannabis project s in accord with the purposes of the zone in which the site is located, is consistent with the General Plan and complies with other relevant city regulations, policies and guidelines.

B. The proposed use will not be detrimental to the health, safety, or general welfare of the community.

Evidence: Conditional Use Permit (CUP) No. 24-0035 to establish a retail cannabis business within an approved 3,936 square -foot retail lease space in the C-P-S zone located at 23825 Catt Road will not be detrimental to the health, safety or welfare of the community in that the cannabis use is a conditionally permitted use in the C-1/C- P zone subject to specific use and operational standards. As part of the CUP and Local License application process, the applicant has submitted the required business/operations plan, statement of qualifications, fire protection plan, safety/security plan, waste disposal plan, odor abatement plan, visitor requirement plan and neighborhood compatibility plan which was reviewed by the city and 564
found to be in compliance with Chapters 5.76 and 17.315 of the WMC. Each of these plans has been reviewed in detail by each City department, including the Riverside County Fire Department and it was determined that the cannabis proposal is in compliance with city/county standards as required in Ordinance No. 187 and 188 of the WMC. In addition, the cannabis use is subject to special conditions of approval which are designed to protect the health, safety, or general welfare of the community (Attachment A-Ex. 1). Given these facts, the proposed cannabis project will not be detrimental to the health, safety, or general welfare of the community.

Conditional Use Permit No. 24-0035 – Supplemental Findings:

In accordance with Section 17.315.060.B of the Wildomar Municipal Code, the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, recommends the City Council find and determine as follows:

A. The planning commission shall not hold a public hearing on or approve any application for a conditional use permit to operate a cannabis business unless the applicant holds a local license in good standing in accordance with Chapter 5.76 of this Code.

Evidence: The applicant, CCG Catt, LLC (Saad Pattah) submitted a Cannabis Local License application in accordance with Chapter 5.76 (Commercial Cannabis Licensing) of the WMC on April 23, 2024 to establish a retail cannabis business within an existing 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road. Upon meeting the requirements outlined in Chapter 5.76 of the WMC, the Planning Department approved and issued the Local License on June 24, 2024 and is in good standing. Based on these facts, the proposed cannabis project meets this finding.

B. The cannabis business as well as all operations as conducted therein, fully comply with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law.

5.76 and Chapter 17.315 of the WMC and California Building and Fire Code were complied with. It was determined by each department the proposed cannabis use was in compliance with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law. These elements will be reviewed a second time as part of the tenant improvement plan review requirements prior to the issuance of building permits and issuance of a certificate of occupancy. Based on these facts, the proposed cannabis project fully complies with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law.

C. The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.76 of this code, any other provisions of this code, and any 565
specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

Evidence: The applicant, CCG Catt, LLC (Saad Pattah) submitted as part of the CUP and Local License application process, the required business/operations plan, statement of qualifications, fire protection plan, safety/security plan, waste disposal plan, odor abatement plan, visitor requirement plan and neighborhood compatibility plan. These special technical elements of the proposed cannabis business were reviewed by the City, Riverside County Fire department and Riverside County Sheriff’s department to ensure that the requirements of Chapter 5.76 and Chapter 17.315 of the WMC and California Building and Fire Code were complied with. It was determined by each department the proposed cannabis use was in compliance with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law. These elements will be reviewed a second time as part of the tenant improvement plan review requirements prior to the issuance of building permits and issuance of a certificate of occupancy. Based on these facts, the proposed cannabis project fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.76 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

D. The cannabis business will be located in a zoning district where cannabis businesses of the type proposed are conditionally permitted, and all of the applicable locational restrictions in Section 17.315.070 are satisfied.

Evidence: The applicant, CCG Catt, LLC (Saad Pattah) is requesting approval to establish a retail cannabis business within an existing 3,936 square-foot retail lease space located at 23825 Catt Road. This site is located within the C-P-S zone which conditionally permits retail cannabis sales. Further, as evidenced by the radius maps prepared by the planning department (refer to staff report), the site is located outside the 100’ distance requirement from a residential zone and is located outside of the 600’ distance requirement from a public or private school providing instruction in kindergarten or grades 1 through 12, a commercial day care center (excluding small and large family day cares), a park and a youth center. Based on these facts, the proposed cannabis project meets this finding.

Development Agreement (DA) Analysis:

Government Code Sections 65864 through 65869.5 authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property including economic benefits to the City. In accordance with Chapter 17.315 of the WMC, the Applicant has entered into such agreement with the City. The development agreement is between the City and CCG Catt, LLC (Saad Pattah) who is the operator and property owner.

The proposed development agreement, which is for a 20-year period, will establish an annual fee (separate from the sales tax revenue) to be paid to the City by the Applicant for operating a cannabis business. The structure of the Development Agreement is consistent with the four (4) previous agreements approved with our other cannabis retailers.

The fees that the City and applicant have agreed to comprise basically three (3) “deal points” as follows (refer to Section 3.2 of the DA):
• Twenty dollars ($20.00) per gross square foot of floor area within any building, facility or structure utilized for the proposed Cannabis Business. Beginning on the first anniversary of the Effective Date, and annually thereafter, the portion of this Development Agreement Fee 566
shall be automatically adjusted based on the average percentage change in the Consumer Price Index (CPI) for “all urban consumers” in the Riverside-San Bernardino -Ontario area, or a subsequent Consumer Price Index (CPI) area covering the City, for the previous January to December period. This fee based on the gross lease space of 3,963 square feet will generate approximately $78,720 annually and $1,574,400 over the life of the agreement. • 3% of gross receipts will be paid to the City between the 1st anniversary and 5th anniversary. This revenue fee would generate approximately $147,900 to $480,000 annually based on the applicant’s estimated annual sales revenue for the first 5 years of $4.93 to $16 million dollars. Of course as annual sales increase (or decrease), the revenues will increase (or decrease) proportionately. The 5-year revenue total is estimated to be a minimum of $739,500. This amount is separate from the typical sales tax revenue. • Before the 6th anniversary of the Agreement, the City and Applicant will renegotiate the DA fee that could range from 3% to a maximum of 5% (amount to be approved by the City Council prior to the 6th anniversary). If this DA fee is 5%, the revenue would generate approximately $800,000 annually based on the applicant’s estimated annual revenue at that time of $16 million dollars. Of course as annual sales increase (or decrease), the revenues will increase (or decrease) proportionately. This amount is separate from the typical sales tax revenue. • The City and Developer will agree to engage in good faith negotiations during the 5th year of the Development Agreement regarding the DA percentage fee noted above.

While not part of the Development Agreement, annual sales tax revenues (2%) to the City (based on applicant revenue projections) would equal approximately $98,600. One percent (1%) would be allocated to the general fund and 1% to the Measure AA fund. Total sales tax revenue for the first five (5) years is estimated to be at least $493,000.

A copy of the agreement is provided in Attachment B, Exhibit 1. The findings for support of the Development Agreement are provided below.

Development Agreement Findings:

In accordance with Chapter 17.315 of the Wildomar Municipal Code, and the California Government Code Title 7, Chapter 4, Article 2.5, the Planning Commission, in light of the whole record before it, including but not limited to the Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, recommends the City Council find and determine as follows:

A. The development agreement is consistent with the City of Wildomar General Plan.

Evidence: The proposed Development Agreement No. 24-0035 to establish a retail cannabis business within an existing 3,963 square-foot retail lease space located at 23825 Catt Road is consistent with the General Plan of the City of Wildomar. General Plan policies LU 7.1, 7.2 and 7.12 aim to promote economic development in the City by accommodating development of balanced land uses, promoting a variety of stable employment and business uses, and improving the jobs-housing ratio. Allowing the Project to operate in the City furthers each of these policies.
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Regulatory License Fee:

When City Council adopted Ordinance No. 187 & 188 (May 2020) regulating retail cannabis, they also established, via resolution, a Regulatory License fee in addition to the Development agreement fees. This regulatory license fee was about $71,307.80 annually and was based on a projection of 10 retail cannabis businesses operating in the City. Currently there are only 2 retail cannabis businesses opening in the City (Stizzy and Cake House). A 3rd retail business (Buzz Cannabis) is nearing issuance of tenant improvements permits and should be open in early 2025. Recently, Culture Cannabis business closed operations and their Local License was not renewed.

Given that is has been 4 years since the regulatory license fee was established, and the fact that there are not 10 retail cannabis businesses in operation, Staff is currently revisiting the fee calculations and intends to bring an updated resolution to Council for consideration in the coming months. It is likely the regulatory fee will be much less than the current $71,307.80 amount. Staff has prepared a summary table outlining the approved retail cannabis businesses since 2020 and their respective status for Council consideration (refer to Attachment I).

Public Noticing:

In accordance with Chapter 17.192 of the Wildomar Municipal Code, the Planning Department on October 30, 2024 gave public notice to all property owners within a 600-foot radius of the project boundary notifying said property owners of the November 13, 2024 City Council meeting at which time the Council would consider Conditional Use Permit/Development Agreement No. 24 -0035. Also, in accordance with Ordinance No. 135, the Planning Department on November 1, 2024 posted a public hearing notice “sign board” along Clinton Keith Road and Catt Road street frontages notifying the neighborhood residents of the November 13, 2024 Planning Commission meeting. Lastly, in accordance with Chapter

17.04.050 of the Wildomar Municipal Code, the Planning Department, on November 1, 2024 published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the November 13, 2024 City Council meeting.

FISCAL IMPACT:

The Cake House East retail cannabis project will not have a fiscal impact on the city’s general fund. As discussed in the Development Agreement analysis section above, the use will generate during the first 5 years of operation an amount equal to $1,003,800 ($200,760 annually). In addition, the Applicant is conditioned to pay the annual regulatory licensing fee of $71,307.80. Since the Local License is valid for two (2) years the actual amount collected will be $142,615.60 every 2 years on the anniversary date of the Local License approval.

Since the proposed cannabis use is locating within an existing commercial retail center, the Applicant will not pay the Development Impact Fees or the regional impact fees (i.e., TUMF, MSHCP, SKR). In addition, the project will not be annexed into the city-wide CFD 2013-1 nor pay Measure Z parcel tax fee.

ENVIRONMENTAL ANALYSIS:

In accordance with the California Environmental Quality Act (CEQA) Guidelines, the Planning Department evaluated the proposed Conditional Use Permit and Development Agreement No. 24-0035 in an approved 3,936 square-foot retail lease space within the C- P- S zone located at 23825 Catt Road to determine what level of CEQA environmental review is required. Based 568
on this review, the Planning Department determined that approval of Conditional Use Permit and Development Agreement No. 24-0035 meets the findings for a Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class1) of CEQA. Class 1 consists of the operation or minor alteration of existing structures involving negligible expansion of the existing space. The applicant has proposed to make tenant improvements to the lease space located at 23825 Catt Road as part of the cannabis business operations for which building permits will be required. Therefore, based on this, staff is recommending the Planning Commission recommend the City Council, in light of the whole record before it, including but not limited to, the CUP/DA cannabis proposal packages, and all documents incorporated by reference, adopt this Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class1) of CEQA. A Notice of Exemption (NOE) will be filed within five (5) working days of City Council approval in accordance with CEQA guidelines.

ATTACHMENTS:

Attach A - CC Reso 2024-XX - CUP.docx
Attach A-Ex2 - CUP Cannnabis Package.pdf
Attach B - CC Ordinance No. XX - DA-draft.docx
Attach C - Plot Plan-Floor Plan Exhibits.pdf
Attach D - 100â€™ â€“ 600â€™ Sensitive Land Uses Radius Maps.pdf Attach E - Local License Cannabis Approval Package [6-24-24].pdf Attach F - Vicinity Map-Adjacent Land Use Exhibits.pdf
Attach G - Staff power point [11-13-24].pdf
Attach H - Veronica Langworthy Email [10-2-24].pdf
Attach I - Cannabis Business Summary Table [9-30-24].pdf Attach J - Applicant Power Point Presentation [11-13-24].pdf 569

ATTACHMENT A
CC RESOLUTION FOR CUP No. 24-0035
570
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WILDOMAR, CALIFORNIA, ADOPTING A CATEGORICAL
EXEMPTION IN ACCORDANCE WITH SECTION 15301 (CLASS
1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA), AND APPROVAL OF CONDITIONAL USE PERMIT NO.
24-0035, SUBJECT TO CONDITIONS, TO ESTABLISH A RETAIL
CANNABIS BUSINESS WITHIN AN APPROVED 3,936-FOOT
RETAIL LEASE SPACE LOCATED AT 23825 CATT ROAD (APN:
380-240-001)
WHEREAS, the Planning Department on June 24, 2024 received an application for a Conditional Use Permit No. 24-0035 to establish a retail cannabis business within an approved 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road from:

Applicant/Owner: CCG Catt, LLC (Saad Pattah)
Project Location: 23825 Catt Road
APN: 380-240-001
Project Area: 0.66 acres +/-
WHEREAS, on April 23, 2024, the City received an application from CCG Catt, LLC (Saad Pattah) requesting a Cannabis Local License (PLN 24-0035) in accordance with Chapter 5.76 (Commercial Cannabis Licensing) of the Wildomar Municipal Code (WMC) to establish a retail cannabis business within an approved 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road; and WHEREAS, on June 24, 2024, the Planning Department approved and issued said Cannabis Local License (PLN 24-0035) in accordance with Chapter 5.76 (Commercial Cannabis Licensing) for CUP No. 24-0035; and
WHEREAS, the Planning Commission reviewed CUP No. 24-0035 at a special meeting of October 23, 2024 and adopted PC Resolution No. 2024-13 recommending City Council approval of the CUP, subject to conditions; and WHEREAS, in accordance with Chapter 17.200 of the Wildomar Municipal Code (WMC), the City Council, upon recommendation from the Planning Commission, has the authority to review the proposed Conditional Use Permit No. 24-0035 establish a retail cannabis business within an existing 3,936 square-foot retail lease space within the C-PS zone located at 23825 Catt Road and make a recommendation to the City Council; and WHEREAS, in accordance with Chapter 17.192 of the Wildomar Municipal Code, the Planning Department on October 30, 2024 gave public notice to all property owners within a 600-foot radius of the project boundary notifying said property owners of the November 13, 2024 City Council meeting at which time the City Council would consider Conditional Use Permit No. 24-0035; and
571
WHEREAS, in accordance with Ordinance No. 135, the Planning Department on November 1, 2024 posted a public hearing notice “sign board” along Catt Road and Clinton Keith Road street frontages notifying the neighborhood residents of the November 13, 2024 Planning Commission meeting at which time the City Council would consider Conditional Use Permit No. 24-0035; and
WHEREAS, in accordance with Section 17.04.050 of the Wildomar Municipal Code, the Planning Department, on November 1, 2024 published a legal notice in the Press Enterprise, a local newspaper of general circulation, notifying the general public of the November 13, 2024 Planning Commission meeting at which time the City Council would consider Conditional Use Permit No. 24-0035; and
WHEREAS, in accordance with Chapter 17.315 of the Wildomar Municipal Code, the City Council conducted the duly noticed public hearing for Conditional Use Permit No. 24-0035 on November 13, 2024, at which time interested persons had an opportunity to testify in support of, or opposition to, the proposed Conditional Use Permit.

NOW, THEREFORE, the Planning Commission of the City of Wildomar does hereby resolve, determine and order as follows:

SECTION 1. CEQA DETERMINATION
In accordance with the California Environmental Quality Act (CEQA) Guidelines, the Planning Department evaluated the proposed Conditional Use Permit No. 24-0035 establishing a retail cannabis business within an existing 3,936 square-foot retail lease space within the C-P-S zone to determine what level of CEQA environmental review is required. Based on this review, the Planning Department determined that approval of Conditional Use Permit No. 24-0035 meets the findings for a Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class 1) of CEQA. Class 1 consists of the operation or minor alteration of existing structures involving negligible expansion of the existing space. The applicant has proposed to make tenant improvements to the lease space once the building is constructed as part of the cannabis business operations for which building permits will be required. Therefore, based on this, the Planning Commission hereby recommends the City Council adopt this Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class 1) of CEQA for Conditional Use Permit No. 24-0035.

SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The Planning Commission hereby finds Conditional Use Permit No. 24-0035 to establish a retail cannabis business located at 23825 Catt Road is consistent with the MSHCP, as the project is located outside of any MSHCP criteria area cell, and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 3. CONDITIONAL USE PERMIT FINDINGS
In accordance with Section 17.200.050 of the Wildomar Municipal Code, the City Council, in light of the whole record before it, including but not limited to the Planning Commission’s recommendation, the Planning Department’s staff report and all 572
documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, finds and determines as follows:

Evidence: Conditional Use Permit (CUP) No. 24-0035 t to establish a retail cannabis business in an approved 3,936 square-foot retail lease space within the C-P-S zone located at 23825 Catt Road in the City of Wildomar is consistent with the existing general plan land use designation of Commercial Retail (CR) and zoning designation of C-P-S (Scenic Highway Commercial) zone. The existing zoning of C-P-S which conditionally permits retail cannabis sales is highly consistent with the CR land use designation. The proposed cannabis use is a conditionally permitted use subject to approval of a CUP as outlined in Section 17.315.040 of the WMC. In review of the proposed cannabis package including all required elements outlined in Ordinance No. 187, the cannabis use proposed meets and exceeds all the development standards of Chapter 17.315 of the WMC, including the 600’ distance standard from a public or private school providing instruction in kindergarten or grades 1 through 12, a day care center (excluding small and large family day cares), a park and a youth center, and the 100’ distance standard from a residential use. In addition, the Applicant has submitted and received approval for a Local License for retail cannabis sales at this location in accordance with Chapter 5.76 of the WMC, and has meet and exceeded all those requirements. Given these facts, the proposed cannabis project s in accord with the purposes of the zone in which the site is located, is consistent with the General Plan and complies with other relevant city regulations, policies and guidelines.

B. The proposed use will not be detrimental to the health, safety, or general welfare of the community.

Evidence: Conditional Use Permit (CUP) No. 24-0035 to establish a retail cannabis business within an approved 3,936 square-foot retail lease space in the C-P-S zone located at 23825 Catt Road will not be detrimental to the health, safety or welfare of the community in that the cannabis use is a conditionally permitted use in the C-1/CP zone subject to specific use and operational standards. As part of the CUP and Local License application process, the applicant has submitted the required business/operations plan, statement of qualifications, fire protection plan, safety/security plan, waste disposal plan, odor abatement plan, visitor requirement plan and neighborhood compatibility plan which was reviewed by the city and found to be in compliance with Chapters 5.76 and 17.315 of the WMC. Each of these plans has been reviewed in detail by each City department, including the Riverside County Fire Department and it was determined that the cannabis proposal is in compliance with city/county standards as required in Ordinance No. 187 and 188 of 573
the WMC. In addition, the cannabis use is subject to special conditions of approval which are designed to protect the health, safety, or general welfare of the community (Attachment A-Ex. 1). Given these facts, the proposed cannabis project will not be detrimental to the health, safety, or general welfare of the community.

SECTION 4. CANNABIS ORDINANCE CUP SUPPLEMENTAL FINDINGS In accordance with Section 17.315.060.B of the Wildomar Municipal Code, the City Council, in light of the whole record before it, including but not limited to the Planning Commission’s recommendation, Planning Department’s staff report and all documents incorporated by reference herein, the City’s General Plan and any other evidence within the record or provided at the public hearing of this matter, finds and determines as follows:

Evidence: The applicant, CCG Catt, LLC (Saad Pattah) submitted as part of the CUP/DA and Local License application process, the required business/operations plan, statement of qualifications, fire protection plan, safety/security plan, waste disposal plan, odor abatement plan, visitor requirement plan and neighborhood compatibility plan. These special required technical elements of the proposed cannabis business were reviewed by the City departments, Riverside County Fire Department to ensure that the requirements of Chapter 5.76 and Chapter 17.315 of the WMC and California Building and Fire Code were complied with. It was determined by each department the proposed cannabis use was in compliance with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law. These elements will be reviewed a second time as part of the tenant improvement plan review requirements prior to the issuance of building permits and issuance of a certificate of occupancy. Based on these facts, the proposed cannabis project fully complies with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law. 574
C. The cannabis business fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.76 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

17.315 of the WMC and California Building and Fire Code were complied with. It was determined by each department the proposed cannabis use was in compliance with all applicable building, electrical, zoning and fire codes, accessibility requirements of the Americans with Disability Act, and all relevant city and state law.

These elements will be reviewed a second time as part of the tenant improvement plan review requirements prior to the issuance of building permits and issuance of a certificate of occupancy. Based on these facts, the proposed cannabis project fully complies with and meets all operating criteria required pursuant to state laws, Chapter 5.76 of this code, any other provisions of this code, and any specific, additional operating procedures and measures as may be imposed as conditions of approval in the conditional use permit.

SECTION 5. CITY COUNCIL ACTION
Based upon the findings above, the City Council hereby adopts this Resolution approving Conditional Use Permit No. 24-0035, subject to conditions, as illustrated herein and attached hereto to this Resolution as Exhibit 1 and 2 (under separate cover). 575
PASSED, APPROVED AND ADOPTED this 13th day of November, 2024. _____________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
___________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
576
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

PLANNING DEPARTMENT CONDITIONS OF APPROVAL
Standard/General Conditions

1. In compliance with Section 15301 (Existing Facilities, Class 1) of CEQA., a Notice of Exemption (NOE) shall be filed with the Riverside County Clerk within five (5) working days of project approval by the City Council. The notice shall include the required Riverside County Clerk administrative fee to be paid by the Applicant.

November 20, 2024 Planning Department

2. The Applicant’s signature below hereby verifies acceptance of the City Council’s adopted Conditions of Approval contained within this matrix.

A signed copy shall be submitted to the Planning Director by November 27, 2024.

Applicant Signature Date
November 27, 2024 Planning Department

3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the any action of, or any permit or approval Ongoing Planning Department
577
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)
issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, California Public Records Act, Code of Civil Procedure Chapter 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. City shall promptly notify the Applicant of any Action brought and request that Applicant defend the City. It is expressly agreed that Applicant may select legal counsel providing the Applicant’s defense and the City shall have the right to approve separate legal counsel providing the City’s defense. The Applicant shall reimburse City for any attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense. Applicant agrees that City will forward monthly invoices to Applicant for attorneys’ fees, costs and expenses it has incurred related to its defense of any Action and Applicant agrees to timely payment within thirty (30) days of receipt of the invoice. Within fourteen (14) days of an Action being filed, Applicant agrees to post adequate security or a cash deposit with City in an amount to cover the City’s estimated attorneys’ fees, costs and expenses incurred by City in the course of the defense in order to ensure timely payment of the City’s invoices. The amount of the security or cash deposit shall be determined by the City. City shall cooperate with Applicant in the defense of any Action.

4. Approval of CUP/Conditional Use Permit No. 24-0035 shall expire on November 13, 2027 (3 years after approval by the City Council) if building permits for tenant improvements have not been issued and substantial construction work has not commenced. For the purposes of this condition, the term “commenced” means either the beginning of November 13, 2027 Planning Department
578
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)
substantial construction of the lease space for the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing lease space under the terms of the authorized use. The Applicant may submit a request for an Extension of Time (EOT) to be reviewed and approved by the Planning Commission in accordance with Chapter 17.200.080 of the Wildomar Municipal Code. Said extension of time application and fee must be submitted prior to the expiration date. If a request for an EOT has not been submitted by this deadline, then Conditional Use Permit No. 24-0035 shall automatically become null and void.

5. Timing. Pursuant to Government Code § 65865.1, City shall review this Developer’s compliance with the terms, conditions, and covenants of this Agreement. Such review shall be undertaken at least once during every twelve (12) month period from the Effective Date of this Agreement. The Developer or successor shall reimburse City for the reasonable and necessary costs of this review, excluding cost incurred under Article 8.0 [Default and Enforcement], within thirty (30) days of written demand from City
Annually on
Effective Date
Planning Department

6. Evidence of Annual Review. Developer shall deliver to City within thirty (30) days of each anniversary of the Effective Date evidence to demonstrate the Developer’s good faith compliance with the terms of this Agreement, including but not limited to compliance with the payment obligations in Section 3 of this Agreement. The City shall bear no responsibility or obligation to research, investigate, or otherwise obtain evidence of Developer’s good faith compliance with this Agreement. It shall be Developer’s sole responsibility and obligation to provide evidence of its good faith compliance with this Agreement. Prior to making a determination, the City shall make available to the Developer any public staff reports and documents to be used or relied 30 days prior to
Anniversary Date
Planning Department
579
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)
upon by City to determine Developer’s good faith compliance with this Agreement. The Developer shall be permitted an opportunity to respond to the City’s evaluation of its performance, either orally or at a public hearing or in a written statement. Such response shall be made to the Director or its designee for purposes of review of compliance with this Agreement.

7. Certificate of Compliance. With respect to each year for which an annual review of compliance with this Agreement is conducted, and for which the City has determined that Developer is in good faith compliance with this Agreement, the City, upon written request of the Developer, shall provide Developer with a written certificate of goodfaith compliance, in recordable form, duly executed and acknowledged by the City. The Developer shall have the right, in the Developer’s sole discretion, to record this notice of compliance.

Annually on
Effective Date
Planning Department

8. All applicable conditions of approval from the Cannabis Local License Application No. 24-0035 approved by the City of Wildomar on June 24, 2024 shall apply to CUP No. 24-0035 and shall remain in full force and effect for the life this business.

On-Going Planning Department

9. Final fees shall be determined by the Building and Finance departments prior to the Issuance of Occupancy Permits. On-Going Planning Department

10. In accordance with Chapter 66020.d.1 of the Government Code, the Applicant has 90 days from project approval to file a protest of the imposition of fees, dedications, reservations, or other exactions being imposed on this project. Notice is hereby given to the Applicant that the 90-day appeal period begins with the approval date by the City Council on November 13, 2024.

February 13, 2025 Planning Department
580
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

11. The tenant improvements for the lease space approved under CUP No. 24-0035 located at 23825 Catt Road (APN: 380-240-001), shall be constructed in accordance with the CUP Cannabis package as approved by the City Council on November 13, 2024. The Applicant may request a modification/revision to the approved project, if needed, in accordance with Chapter 17.228 of the Wildomar Municipal Code.

On-Going Planning and Building
Departments

12. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the City Council taking action resulting in a modification to the Conditions of Approval and/or suspension or revocation of the conditional use permit.

On-Going Planning Department

13. The proposed Project shall comply with existing SCAQMD rules for the reduction of fugitive dust emissions in accordance with SCAQMD Rule 403.

On-Going Planning Department

14. Neighborhood Compatibility Plan. The proposed cannabis business must comply with the neighborhood compatibility plan set forth in the CUP Cannabis Package as approved by the City Council. All requirements must be maintained at all times.

On-Going Planning Department

15. Parking Analysis Plan. The proposed cannabis business must comply with the neighborhood compatibility plan set forth in the CUP Cannabis Package as approved by the City Council. All requirements must be maintained at all times.

On-Going Planning Department

16. Visitor Requirement Plan. The proposed cannabis business must comply with the Visitor Requirement Plan set forth in the Local License stamped approved package, as approved by the City of Wildomar. All requirements must be maintained at all times.

On-Going Planning & Building
Depts.
581
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

17. Odor Abatement Plan. The proposed cannabis business must comply with the Odor Abatement Plan set forth in the Local License stamped approved package, as approved by the City of Wildomar. All requirements must be maintained at all times.

On-Going Planning & Building
Departments

18. Security Plan. The proposed cannabis business must comply with the security plan set forth in the Local License stamped approved package, as approved by the Riverside County Sheriff’s Department and City of Wildomar. All security requirements must be maintained at all times.

On-Going Planning, Building &
Police Departments

19. Fire Protection Plan. The proposed cannabis business must comply with the Fire Protection Plan set forth in the Local License stamped approved package, as approved by the City of Wildomar and the Riverside County Fire Department. All requirements must be maintained at all times.

On-Going Planning & Riverside
County Fire Depts.

20. Business/Operations Plan. The proposed cannabis business must comply with the business/operations plan set forth in the Local License stamped approved package, as approved by the City of Wildomar. All requirements shall be complied with at all times.

On-Going Planning &
Administrative
Services Depts.

21. Waste Disposal. The proposed cannabis business must comply with the waste disposal plan set forth in the Local License stamped approved package, as approved by the City of Wildomar. All requirements shall be complied with at all times.

On-Going Planning, Building &
Fire Departments
Prior to Issuance of a Building Permit

22. Prior to issuance of any building permits, the Applicant shall be required to submit tenant improvement plans for build-out of the proposed lease space in accordance with City of Wildomar standards.

Prior to Issuance of
Building Permits
Building Department
582
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

23. Prior to the issuance of a building permit, the applicant shall comply with Building Department requirements in obtaining all necessary tenant improvement plan permits.

Prior to Issuance of
a Building Permit Planning Department

24. Prior to the issuance of a building permits, the Applicant shall submit a sign program to the Planning Director for review and approval.

Proposed signage shall be consistent with all applicable provisions of Chapter 17.252 (Sign Regulations) and Section 17.315 (Cannabis Regulations) of the Wildomar Municipal Code.

Prior to Issuance of
Building Permits Planning Department
Prior to Issuance of Occupancy Permits

25. Prior to issuance of a Certificate of Occupancy, the Applicant shall pay all applicable Development Impact Fees (DIF) as determined by the Building Official.

Prior to the
Issuance of
Occupancy Permits
Building Department

26. Prior to the Issuance of a Certificate of Occupancy, all conditions of approval for Cannabis Local License Application No. 24-0035 and CUP/Conditional Use Permit No. 24-0035 shall be completed to the satisfaction of the Planning Director and Building Official.

Prior to the
Issuance of
Occupancy Permits
Planning and Building
and Departments

BUILDING DEPARTMENT CONDITIONS OF APPROVAL

1. Prior to the issuance of a building permit, the applicant shall comply with Building Department requirements in obtaining all necessary tenant improvement plan permits.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

2. Tenant improvement plans are required to be submitted for permit review after the CUP and DA are approved. Each sheet of the plans shall be signed by the designer.

Prior to Issuance of
a Building Permit
Building and Planning
Departments
583
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

3. In order to comply with the City of Wildomar Ordinance No. 187 Section

17.315.080, mechanical plans will be required. The system shall be designed, stamped and signed by a state licensed Mechanical Engineer. The plan shall show how this section of the ordinance will be met. Details shall show the filtration plan and all related.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

4. Any new rooftop mechanical equipment will require engineering for the additional rooftop load.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

5. A building permit shall be obtained for the proposed construction and site development. The design of the building shall comply with the 2019 California Building Codes.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

6. Building permits will only be issued to a California State licensed contractor in accordance with the California Contractors State License Board or Property Owner. Building permits will not be issued to Tenants.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

7. The design shall comply with the 2022 California Building Code chapter 11B for Accessibility.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

8. All proposed work shall comply with the 2022 California Energy Code and all other relevant laws, ordinances and resolutions governing Energy conservation as adopted by the City of Wildomar.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

9. Proposed project shall comply with the 2022 California Green Building Standards Code and all other relevant laws, ordinances and resolutions governing sustainable design as adopted by the City of Wildomar.

Prior to Issuance of
a Building Permit
Building and Planning
Departments

10. Any new exterior lighting shall comply with City of Wildomar Ordinance

8.64 – Light Pollution. Prior to Issuance of
a Building Permit
Building and Planning
Departments
584
Exhibit 1
CUP No. 24-0035 Conditions of Approval Matrix
CCG Catt, LLC (Saad Pattah) Cannabis Proposal”
23825 CATT ROAD (APN: 380-240-001)
CUP No. 24-0035 Approval Date – November 13, 2024 CUP No. 24-0035 Expiration Date – December 13, 2027 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring Dept.

Verification
(Date &
Signature)

RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions

11. Prior to occupancy of the lease space identified in the Local License application package, the Applicant shall be required to submit tenant improvement plans for build-out of the proposed lease space in accordance with Riverside County Fire Department standards.

Prior to Issuance of
Building Permits
Riverside County Fire
Department
END
585
EXHIBIT 2
CUP Cannabis Proposal Package
(Under Separate Cover)
586
1 CATT ROAD, LLC
The Cake House East
(PLN 24-0035)
Cannabis CUP & Development Proposal Package
Prepared for the City of Wildomar
Applicant: Catt Road, LLC
Address: 23825 Catt Rd., Pad #3
APN: 380-240-001
License: Retail Storefront
Submittal #2 Date: August 5, 2024
Cannabis Proposal:
587
2 Table of Contents

1. Evidence of Legal Right to Occupy .............................................................................................. 4

1.1 Legal Right to Occupy Overview ..................................................................................... 4

1.2 Purchase Agreement ...................................................................................................... 5

1.3 Lease Agreement ..........................................................................................................41

2. Authorization Letter for Information Verification ....................................................................46

3. Organizational Status................................................................................................................47

3.1 Ownership Structure ..........................................................................................................47

3.2 Articles of Organization ......................................................................................................48

3.3 Operating Agreement .........................................................................................................49

3.4 Catt Road, LLC Certificate of Good Standing ......................................................................62

4. Property Owner Authorization ................................................................................................. 63

5. Statement of Qualifications ......................................................................................................64

5.1 Organizational Structure and Qualifying Experience ..........................................................64

5.1.2 Saad S. Pattah – Owner Experience.................................................................................64

5.2 Cannabis Licenses Currently Held .......................................................................................66

6. Project Description ...................................................................................................................67

6.1 Products and Services to Be Provided ................................................................................67

6.2 Adherence to Wildomar Municipal Code ...........................................................................67

6.3 Size of Proposed Facility .....................................................................................................68

6.4 Floor Plan ............................................................................................................................70

6.4.3 Egress Plan ...................................................................................................................71

6.4.4 Security Plan ................................................................................................................72

6.5 Delivery Plan .......................................................................................................................73

7. Neighborhood Compatibility Plan ............................................................................................78

7.1 COMMUNITY RELATIONS LIAISON ..................................................................................78

7.2 PROACTIVE RESPONSE TO COMPLAINTS ........................................................................79

7.3 NUISANCE PREVENTION – PROTECTION FOR NEIGHBORS AND THE COMMUNITY ...........81

8. Parking Analysis Plan ................................................................................................................83

9. Title Report ...............................................................................................................................86

10. Aerial Photograph ...................................................................................................................94

11. Not Currently Permitted for Non-Cannabis Infused Food Products .......................................95 588
3 12. 100’ Radius of Project Site ......................................................................................................96

13. 600’ Radius of Project Site ......................................................................................................97

14. Development Plans.................................................................................................................98 589
4 1. Evidence of Legal Right to Occupy

1.1 Legal Right to Occupy Overview
Founding investor Saad S. Pattah has purchased the property located at 23825 Catt Road in Wildomar, CA 92595 in which he will lease to his business, Catt Road, LLC for the purposes of operating a cannabis retail facility. To support the requirements of this section, Catt Road is providing the following documentation:

1. Purchase Agreement between Saad S. Pattah and CCG Catt, LLC

2. Lease Agreement from Saad S. Pattah to Catt Road, LLC 590
5 1.2 Purchase Agreement
591
6 592
7 593
8 594
9 595
10 596
11 597
12 598
13 599
14 600
15 601
16 602
17 603
18 604
19 605
20 606
21 607
22 608
23 609
24 610
25 611
26 612
27 613
28 614
29 615
30 616
31 617
32 618
33 619
34 620
35 621
36 622
37 623
38 624
39 625
40 626
41 1.3 Lease Agreement
THIS SUBLEASE (this "Lease") dated this 16 day of April, 2024 BETWEEN:

Saad S. Pattah (hereinafter called the "Lessor")
AND
Catt Road, LLC (hereinafter called the "Lessee")
IN CONSIDERATION OF the Lessor leasing certain premises to the Lessee, the Lessee leasing those premises from the Lessor and the mutual benefits and obligations set forth in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as follows:
1 - Leased Premises

2.1 The Lessor agrees to sublease to Lessee the industrial office space municipally located at, 23825 Catt Road, Wildomar, CA 92595, (the "Premises") . The Premises will be used for only the following permitted use (the "Permitted Use"): The Lessee will use the Premises solely for general office purposes and to comply with applicable laws, bylaws, and regulations relative to the Premises and to the business carried on.

2.2.Neither the Premises nor any part of the Premises will be used at any time during the term of this Lease by Lessee for any purpose other than the Permitted Use.

2.3 No pets or animals are allowed to be kept in or about the Premises or in any common areas in the building containing the Premises. Upon thirty (30) days’ notice, the Lessor may revoke any consent previously given under this clause.
2 - Term

2.1 The term of the Lease commences on June 1, 2024 for a term of five years with the option to renew.

2.2 Upon 60 days’ notice, the Lessor may terminate the tenancy under this Lease if the Lessee has defaulted in the payment of any portion of the Rent when due.

2.3 Upon 30 days’ notice, the Lessor may terminate the tenancy under this Lease if the Lessee fails to observe, perform and keep each and every of the covenants, agreements, stipulations, obligations, conditions and other provisions of this Lease to be observed, performed and kept by the Lessee and the Lessee persists in such default beyond the said 15-day notice.
3 - Rent

3.1 Subject to the provisions of this Lease, the Lessee will pay a base rent of $1.00 payable per month, for the Premises (the "Base Rent").In addition to the Base Rent, the Lessee will pay the applicable GST to the Lessor.

3.2 If the start date of the Lease does not fall on the first of the month then the Base Rent plus applicable and GST will be pro-rated.
627
42 4 - Use and Occupation

4.1 The Lessee will use and occupy the Premises only for the Permitted Use and for no other purpose whatsoever.

For the purposes of this Agreement the Permitted Use shall be for commercial cannabis retail operations. The Lessee will carry on business under the name of Catt Road, LLC and will not change such name without the prior written consent of the Lessor, such consent not to be unreasonably withheld. The Lessee will open the whole of the Premises for business to the public fully fixtured, stocked and staffed on the date of commencement of the term and throughout the term, will continuously occupy and utilize the entire Premises in the active conduct of its business in a reputable manner on such days and during such hours of business as may be determined from time to time by the Lessor.

4.2 The Lessee covenants that the Lessee will carry on and conduct its business from time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, provincial, municipal or other competent authority and will not do anything on or in the Premises in contravention of any of them.
5 - Security Deposit

5.1 On execution of this Lease, The Lessee will pay the Lessor a security deposit equal to the amount of $0.00 (the "Security Deposit") to be held by the Lessor without interest. Upon execution of this Lease the Security Deposit shall be due immediately. The Lessor will return the Security Deposit to the Lessee at the end of this tenancy, less such deductions as provided in this Lease but no deduction will be made for damage due to reasonable wear and tear.

5.2 The Lessee may not use the Security Deposit as payment for the Rent. 6 - Quiet Enjoyment

6.1 The Lessor covenants that on paying the Rent and performing the covenants contained in this Lease, the Lessee will peacefully and quietly have, hold, and enjoy the Premises for the agreed term. 7 - Renewal of Lease

7.1 Upon giving written notice no later than 60 days before the expiration of the term of this Lease, the Lessee may renew this Lease for an additional term. All terms of the renewed lease will be the same except for this renewal clause.
8 - Utilities and Other Costs

8.1 The Lessee is responsible for the direct payment of the following utilities and other charges in relation to the Premises: electricity, natural gas, water, telephone, Internet and cable.

8.2 The Lessee is responsible for the replacement cost of any electrical light bulbs, tubes and ballast. 9 - Insurance

9.1 The Lessee is hereby advised and understands that the personal property of the Lessee is not insured by the Lessor for either damage or loss, and the Lessor assumes no liability for any such loss. The Lessee is advised that, if insurance coverage is desired by the Lessee, the Lessee should inquire of Lessee's insurance agent regarding a Lessee's Policy of Insurance. A copy of the insurance must be provided to the Lessor within 30 days of the start of the Term.
628
43 10 - Attorney Fees

10.1 All costs, expenses and expenditures including and without limitation, complete legal costs incurred by the Lessor on a solicitor/client basis as a result of unlawful detainer of the Premises, the recovery of any rent due under the Lease, or any breach by the Lessee of any other condition contained in the Lease, will forthwith upon demand be paid by the Lessee as Additional Rent. All rents including the Base Rent and Additional Rent will bear interest at the rate of Twelve (12%) per cent per annum from the due date until paid. 11 - Governing Law

11.1 It is the intention of the Parties to this Lease that the tenancy created by this Lease and the performance under this Lease, and all suits and special proceedings under this Lease, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of California County of San Diego, without regard to the jurisdiction in which any action or special proceeding may be instituted. 13 - Assignment and Subletting

13.1 The Lessee will not assign this Lease or sublet or grant any concession or license to use the Premises or any part of the Premises. An assignment, subletting, concession, or license, whether by operation of law or otherwise, will be void and will, at Lessor's option, terminate this Lease. 14 - Care and Use of Premises

14.1 The Lessee will promptly notify the Lessor of any damage, or of any situation that may significantly interfere with the normal use of the Premises or to any furnishings or other property supplied by the Lessor

14.2 Vehicles which the Lessor reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Lessee's parking stall(s), and such vehicles may be towed away at the Lessee's expense. Parking facilities are provided at the Lessee's own risk. The Lessee is required to park in only the space allotted to them.

14.3 The Lessee will not make (or allow to be made) any noise or nuisance which, in the reasonable opinion of the Lessor, disturbs the comfort or convenience of other Lessees.

14.4 The Lessee will not engage in any illegal trade or activity on or about the Premises.

14.5 The Lessor and Lessee will comply with standards of health, sanitation, fire, housing and safety as required by law.
15 - Damage to Premises

15.1 In case the Premises at any time during the Term be damaged by fire, water or other acts of nature so as to render the Premises unfit for the purpose of the Lessee the rent hereby reserved or a proportionate part according to the nature and extent of the damage sustained shall be suspended and abated until the Premises have been rebuilt or made fit for the purpose of the Lessee.

15.2 If in the opinion of the Lessee the premises cannot be rendered fit for the purpose of conducting the Lessee's business, within a period of two (2) months, the Lease shall be deemed terminated or at the option of the Lessor the term will come to an end and the Lessee shall cease to be held liable for payment for rent except such rent as shall have already accrued due and be entitle to be repaid any rent paid in advance for the balance of the period. 629
44 16 - Hazardous Materials

16.1 The Lessee will not keep or have on the Premises any article or thing of a dangerous, flammable, or explosive character that might unreasonably increase the danger of fire on the Premises or that might be considered hazardous by any responsible insurance company.
17 - Rules and Regulations

17.1 The Lessee will obey all rules and regulations posted by the Lessor regarding the use and care of the Building, parking lot and other common facilities that are provided for the use of the Lessee in and around the Building on the Premises.
18 - General Provisions

18.1 Any waiver by the Lessor of any failure by the Lessee to perform or observe the provisions of this Lease will not operate as a waiver of the Lessor's rights under this Lease in respect of any subsequent defaults, breaches or nonperformance and will not defeat or affect in any way the Lessor's rights in respect of any subsequent default or breach.

18.2 This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each party to this Lease. All covenants are to be construed as conditions of this Lease.

18.3 All sums payable by the Lessee to the Lessor pursuant to any provision of this Lease will be deemed to be Additional Rent and will be recovered by the Lessor as rental arrears.

18.4 Where there is more than one Lessee executing this Sublease, all Lessees are jointly and severally liable for each other's acts, omissions and liabilities pursuant to this Sublease. 630
45 IN WITNESS WHEREOF the Parties to this Sublease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, on the date below:

LESSEE

__________________________ ______________________
Catt Road, LLC Date
LESSOR
_________________________ ______________________
Saad S. Pattah Date
631
46 2. Authorization Letter for Information Verification PROPERTY OWNER’S INFORMATION VERIFICATION AUTHORIZTION
To Whom it May Concern,
This letter is to serve as the property owner(s) authorization to allow the City of Wildomar to seek verification of the information contained within this application. As the property owner and applicant, I hereby authorize City of Wildomar staff or authorized agents to verify the information contained in the Cannabis Local License Proposal for Catt Road, LLC.

PROPERTY OWNER:

Saad S. Pattah, Owner
Property Owners Printed Name
______________________________ _______________
Property Owners Signature Date
COMMERCIAL CANNABIS APPLICANT:

Saad S. Pattah, Owner
Applicant Printed Name
_______________________________ _______________
Applicant Signature Date
632
47 3. Organizational Status

3.1 Ownership Structure
Catt Road, LLC is owned 100% by Saad S. Pattah. If any changes to ownership are made, Catt Road, LLC will immediately report these changes to the City of Wildomar. 633
48 3.2 Articles of Organization
202460417960
Limited Liability Company Name
Limited Liability Company Name Catt Road, LLC
Initial Street Address of Principal Office of LLC
Principal Address 23825 CATT ROAD
WILDOMAR, CA 92595
Initial Mailing Address of LLC
Mailing Address 553 WEST 9TH STREET
ESCONDIDO, CA 92025
Attention
Agent for Service of Process
Agent Name Saad S. Pattah
Agent Address 553 WEST 9TH AVENUE
ESCONDIDO, CA 92025
Purpose Statement
The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be organized under the California Revised Uniform Limited Liability Company Act.

Management Structure
The LLC will be managed by One Manager
Additional information and signatures set forth on attached pages, if any, are incorporated herein by reference and made part of this filing.

Electronic Signature
By signing, I affirm under penalty of perjury that the information herein is true and correct and that I am authorized by California law to sign.

Saad S. Pattah
Organizer Signature
01/09/2024
Date

STATE OF CALIFORNIA
Office of the Secretary of State

ARTICLES OF ORGANIZATION

CA LIMITED LIABILITY COMPANY
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B2399-1090 01/09/2024 12:29 PM Received by California Secretary of State

Page 1 of 1 ends

Wildomar City CouncilNovember 13, 2024

Wildomar City Council
November 13, 2024