Wildomar City Council
December 11, 2024

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
WEDNESDAY, DECEMBER 11, 2024
Closed Session: 5:00 PM | Regular Session 6:00 PM

COUNCIL CHAMBERS 23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA 92595
Bridgette Moore - Mayor/ Chair | District 4
Ashlee DePhillippo - Mayor Pro Tem/ Vice Chair | District 5 Carlos Marquez - Council Member/ Trustee | District 1
Joseph Morabito - Council Member/ Trustee | District 3
Dustin Nigg - Council Member/ Trustee | District 2
Daniel York, City Manager/General Manager Thomas D. Jex, City Attorney/District Counsel The City of Wildomar will be a Safe and Active Community with Responsible Growth and Quality Infrastructure while keeping a Hometown Feel

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
1 NOTICE:

City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

CALL TO ORDER – CLOSED SESSION - 5:00 P.M.

ROLL CALL

PUBLIC COMMENTS

CLOSED SESSION

CLOSED SESSION

Presented By: Thomas D Jex, City Attorney
RECOMMENDATION:

The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:

Alexa Hoecker et al v. City of Wildomar; case number CVME2403770

The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.

The City Council will meet in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Performance Evaluation.

Title: City Manager.

The City Council will meet in closed session to hold a conference with its Labor Negotiator regarding Unrepresented Employee pursuant to Government Code 54957.6.

Agency representative: Mayor Bridgette Moore
Unrepresented employee: City Manager

The City Council will meet in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Performance Evaluation.

Title: City Attorney

RECONVENE INTO OPEN SESSION

ANNOUNCEMENTS

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
2 ADJOURN CLOSED SESSION
CALL TO ORDER – REGULAR SESSION - 6:00 P.M.

ROLL CALL
Council discussion and determination on whether an absence is excused.

FLAG SALUTE

PRESENTATIONS

1. Recognition: City Sponsors for Special Events 2024

2. Recognition: Tri-City Gators Cheer Teams

3. Recognition: Julia Lee Performing Arts Academy

4. Holiday Light Home Decorating Contest 2024 Winners

DEPARTMENT REPORTS
Wildomar Library Quarterly Update - July - Sept. 2024

RECOMMENDATION:

Receive and File.

PUBLIC COMMENTS
This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that
do not
appear on the agenda. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.

COUNCIL COMMUNICATIONS

1. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

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

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time.

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
3 1.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.

1.1 City Council/Cemetery District Minutes - November 13, 2024.

Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:

Approve the minutes as presented.

1.2 November 2024 City Warrant Register

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2024/2025:

1. Warrant Register dated 11-07-2024 in the amount of $23,074.96.

2. Warrant Register dated 11-14-2024 in the amount of $584,377.26.

3. Warrant Register dated 11-21-2024 in the amount of $142,963.58.

4. Warrant Register dated 11-27-2024 in the amount of $82,463.17

5. Wire Transfer Register dated 11-30-2024 in the amount of $349,809.41.

6. Payroll Register dated 12-01-2024 in the amount of $278,884.41.

1.3 October 2024 City Treasurers Report

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the Treasurer’s Report for October 2024.

1.4 2nd Reading of Ordinance No. 243 for Development Agreement No. 24-0035

Location: N/A
Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

Adopt an Ordinance entitled:

ORDINANCE NO. 243

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 APPROVAL OF DEVELOPMENT AGREEMENT NO. 24-0035 TO ESTABLISH A RETAIL CANNABIS BUSINESS WITHIN AN 3,936 SQUARE-FOOT RETAIL LEASE SPACE IN THE CATT CROSSINGS RETAIL CENTER LOCATED AT 23825 CATT ROAD
(APN: 380-240-001)

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
4 1.5
2nd Reading of Ordinance amending Chapters 3.24, 2.08, and 3.28 of the Wildomar Municipal Code Related to Purchasing of Supplies and Equipment and Contracts for Professional Services

Presented By: Heidi Schrader
, Administrative Services Department
RECOMMENDATION:

Adopt an Ordinance entitled:

ORDINANCE NO. 244

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTIONS 3.24, 2.08, AND 3.28 TO THE MUNICIPAL

CODE OF THE CITY OF WILDOMAR TO PROVIDE UPDATED GUIDANCE ON

THE PURCHASE OF SUPPLIES AND EQUIPMENT AND CONTRACTING FOR

PROFESSIONAL SERVICES

1.6 2nd Reading of Ordinance 245 amending Chapter 3.32 of City of Wildomar Municipal Code to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act (CUPCCAA)

Presented By: Heidi Schrader
, Administrative Services Department
RECOMMENDATION:

Adopt an Ordinance entitled:

ORDINANCE NO. 245

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE

CITY OF WILDOMAR TO PROVIDE INFORMAL AND FORMAL BIDDING

PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT (SECTION 22000, ET SEQ. OF THE PUBLIC CONTRACT CODE)

1.7 2nd Reading of Ordinance No. 246 amending Chapter 5.04 (Bingo) of the Wildomar Municipal Code related to Nonprofit Bingo Overhead per Senate Bill (SB) 1044

Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:

Adopt an Ordinance entitled:

ORDINANCE NO. 246

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 5.04 (BINGO) OF THE WILDOMAR

MUNICIPAL CODE

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
5 1.8
TUMF Agreement Amendments for the Wildomar Trail and Bundy Canyon Rd. I-15 Interchange Projects

Location: Wildomar Trail/I-15 and Bundy Canyon Rd./I-15 Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

1. Authorize the City Manager to execute TUMF Agreement Amendments with the Western Riverside Council of Governments for the Wildomar Trail/I-15 Interchange Improvement and the Bundy Canyon Rd./I-15 Interchange Improvement Projects.

2. Approve a budget adjustment in Fund 503 (TUMF) to both decrease appropriations by $1,485,000 and decrease budgeted revenues by $1,485,000 for CIP 070 (Bundy Canyon Rd./I-15 Interchange Improvement Project).

3. Approve a budget adjustment in Fund 503 (TUMF) to both decrease appropriations by $1,485,000 and decrease budgeted revenues by $1,485,000 for CIP 074 (Wildomar Trail/I-15 Interchange Improvement Project).

1.9 Wildomar Cottages Affordable Housing Agreement and Declaration of Restrictive Covenants

Location: 32650 Mesa Drive, Wildomar, CA
Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

Approve and authorize the City Manager to sign the Affordable Housing Agreement and Declaration of Restrictive Covenants regarding the Wildomar Cottages affordable housing project in substantially the same form as included in the agenda packet and authorize the City Manager to make modest adjustments as necessary.

1.10 Parcel Map No. 36612 Westpark Promenade Final Map Approval and Subdivision Improvement Agreement

Location: Vacant Property East of I-15, between Catt Rd. and Depasqualle Rd.

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

1. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - _____

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

CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP 36612 WESTPARK PROMENADE AND AUTHORIZING THE CITY MANAGER

TO EXECUTE

THE SUBDIVISION IMPROVEMENT AGREEMENT

2. Authorize the City Manager to execute BMP Agreements with CRP/CWR Westpark Project, LLC for the Westpark Promenade development project.

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
6 1.11
Wildomar Commerce Center - Public Improvement Agreements and BMP Agreements

Location: Southwest Corner of Clinton Keith Rd. and Elizabeth Ln.

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the City Manager to execute the BMP Agreements and Public Improvement Agreement with White Sable, LLC and Wildomar One, LLC (Developer) for Off-site Improvements for the Wildomar Commerce Center development project.

1.12 Amending the Organization, Objectives and Responsibilities of the Wildomar Community Parks Funding Measure (Measure Z) Citizen's Oversight Advisory Committee and Committee Member Volunteers Description.

Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:

Adopt a Resolution Entitled:

RESOLUTION NO. 2024 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2013-05 AND APPROVING A

RESOLUTION ESTABLISHING THE ORGANIZATION, OBJECTIVES AND

RESPONSIBILITIES OF A WILDOMAR COMMUNITY PARKS FUNDING
MEASURE CITIZEN’S OVERSIGHT ADVISORY COMMITTEE AND COMMITTEE

MEMBER VOLUNTEERS DESCRIPTION

1.13 Amending the Organization, Objectives and Responsibilities of the Measure AA Citizen's Oversight Advisory Committee and Committee Member Volunteers Description.

Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2024 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2019-12 AND APPROVING A

RESOLUTION ESTABLISHING THE ORGANIZATION, OBJECTIVES AND RESPONSIBILITIES OF A WILDOMAR MEASURE AA CITIZEN’S OVERSIGHT

ADVISORY COMMITTEE AND COMMITTEE MEMBER VOLUNTEERS

DESCRIPTION

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
7 1.14
Third Amendment to Agreement with Architerra Design Group for the 20- Acre Park Project (CIP 099)

Location: Gierson Avenue
Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the City Manager to execute the Third Amendment to the Agreement with Architerra Design Group for the 20-Acre Park Project for an amount not to exceed $3,100.

1.15 First Amendment to Agreement for The Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and other Specified Services with
CR&R

Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the City Manager to execute the First Amendment to the Agreement for The Collection and Transportation of Solid Waste, Recyclable Materials, Organic Waste, and Construction and Demolition Debris (Collection Services) and other Specified Services with CR&R.

1.16 First Amendment to Agreement with HdL Software for Business Registration Management: One-Year Extension of Time and Revision to Scope of Services Presented By: Kimberly Davidson
, Economic Development Department
RECOMMENDATION:

Approve First Amendment for City Manager's signature.

1.17 Agreement with Southern California Edison (SCE) for Utility Relocation Design for the Bundy Canyon Rd. Improvement Project, Segment 2 (CIP 026- 2)

Location: Bundy Canyon Rd. (Oak Canyon Dr. to The Farm Rd.) Presented By: Jason Farag
, Public Works/ Engineering Department
RECOMMENDATION:

Authorize the Public Works Director to sign the Preliminary Design and Engineering Agreement with Southern California Edison for the design of utility relocations for the Bundy Canyon Rd. Improvement Project, Segment 2.

2. PUBLIC HEARINGS

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
8 2.1
Allocation of Community Development Block Grant (CDBG) Funds for Fiscal Year 2025/2026 Program Year

Presented By: Cameron Luna
, Public Works/ Engineering Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2024 - _____

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

CALIFORNIA, AUTHORIZING THE ALLOCATION OF COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2025 / 2026

3. GENERAL BUSINESS

3.1 Provide an Additional Health Benefit Allotment for Employees Covering One or More Dependents, Using Current Excess Budgeted Health Benefit Allotment

Presented By: Emily Wolf
, Administrative Services Department
RECOMMENDATION:

Adopt a resolution entitled:

RESOLUTION NO. 2024 - _____

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

CALIFORNIA, PROVIDING ADDITIONAL HEALTH BENEFIT ALLOTMENT FOR PLAN YEAR 2025 USING CURRENT BUDGETED FUNDS FOR HEALTH

PREMIUMS

3.2 Amend the Existing Pay Plan to Bring All Classification Compensations to Median and Add New Classifications, Add New Position Classification Descriptions, and Revise the Position Classification Schedule

Presented By: Emily Wolf
, Administrative Services Department
RECOMMENDATION:

Adopt a Resolution entitled:

RESOLUTION NO. 2024 -_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING FIVE NEW CLASSIFICATION DESCRIPTIONS;

APPROVING THE POSITION CLASSIFICATION SCHEDULE TO INCLUDE FIVE

NEW CLASSIFICATIONS, REMOVING THE PRINCIPAL ENGINEER/CITY ENGINEER CLASSIFICATION, AND ADD THE RETIRED ANNUITANT TITLES;

AND AMENDING THE EXISTING PAY PLAN TO INCLUDE THESE POSITIONS,

AS WELL AS BRING ALL POSITION COMPENSATIONS UP TO MARKET MEDIAN AND ADJUST FOR COMPACTION BY JANUARY 1, 2026

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
9 3.3
FY2024-25 1st Quarter Budget Report

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Review and approve the Fiscal Year 2024-25 1st Quarter Budget Report, and adopt a Resolution entitled:

RESOLUTION NO. 2024 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AUTHORIZING ADJUSTMENTS TO THE FY2024-25 BUDGETED

REVENUES AND EXPENSES AND ADOPTING A REVISED SCHEDULE OF

AUTHORIZED POSITIONS

3.4 Planning Commission Appointments

Presented By: Matthew Bassi
, Planning Department
RECOMMENDATION:

1. Review current Planning Commission Appointments, and keep existing appointment(s); and/or

2. Review current Planning Commission Appointments and vote to remove a member(s) from office and direct the City Clerk to advertise per Section 2.24.020 of the Wildomar Municipal Code; and/or

3. Provide feedback or direction to staff to make changes to the Planning Commission application.

3.5 Community Services 2025 Special Events, Partnerships, and Activities

Presented By: Annelle Rosales
, Community Services Department
RECOMMENDATION:

Approve the Community Services 2025 Special Events Calendar.

CITY MANAGER REPORT

FUTURE AGENDA ITEMS
Future Agenda Items

RECOMMENDATION:

Title- Councilmember-Anticipated Date

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

2. Discuss restricting certain future uses on major corridors - Marquez - TBD

3. Review current Planning Commission Appointments and reappoint or nominate a new member - Marquez - Dec 2024

4. Review Cannabis Ordinances - DePhillippo - TBD

5. Park Naming Policy - DePhillippo - TBD

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
10 4.

CEMETERY CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Board, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action.

4.1 City Council/Cemetery District Minutes - November 13, 2024.

Presented By: Janet Morales
, City Clerk's Office
RECOMMENDATION:

Approve the minutes as presented.

4.2 November 2024 Cemetery Warrant Register

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the following:

For Fiscal Year 2024/2025

1. Warrant Register dated 11-07-2024 in the amount of $249.54.

2. Warrant Register dated 11-14-2024 in the amount of $1,529.99.

3. Warrant Register dated 11-21-2024 in the amount of $3,593.06.

4. Warrant Register dated 11-27-2024 in the amount of $573.64.

ADJOURN THE CITY COUNCIL MEETING
In accordance with Government Code Section 54952.3, I, Janet Morales, City of Wildomar City Clerk, do hereby declare that the Board of Trustees will receive no compensation or stipend for the convening of the following regular meeting of the Wildomar Cemetery District.

CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT

ROLL CALL
Board discussion and determination on whether an absence is excused.

PUBLIC COMMENTS

BOARD COMMUNICATIONS

APPROVAL OF THE AGENDA AS PRESENTED
The Board of Trustees to approve the agenda as it is herein presented, or, if it is the desire of the Board, the agenda can be reordered, added to, or have items tabled at this time.

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
11 4.3
October 2024 Cemetery Treasurers Report

Presented By: Adam Jantz
, Administrative Services Department
RECOMMENDATION:

Approve the Treasurer’s Report for October 2024.

4.4 Resolution opting in to CUPCCAA for the Cemetery District to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act.

Presented By: Heidi Schrader
, Administrative Services Department
RECOMMENDATION:

Adopt a resolution entitled:

RESOLUTION NO. WCD2024 - ____

A RESOLUTION OF THE BOARD OF TRUSTEES OF THE WILDOMAR

CEMETERY DISTRICT IN THE MATTER OF UNIFORM PUBLIC

CONSTRUCTION COST ACCOUNTING PROCEDURES

5. CEMETERY PUBLIC HEARINGS
No items scheduled.

6. CEMETERY GENERAL BUSINESS
No items scheduled.

GENERAL MANAGER REPORT

FUTURE AGENDA ITEMS

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
12 PARTICIPATION

MEETINGS
Regular City Council Meetings are held on the 2nd Wednesday of every month at 6:00 P.M., except for in January where it is held on the 3rd Wednesday of the month, in the City Council Chambers, 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595.

VIEW THE MEETING

1. In Person
| City Council Chambers 23873 Clinton Keith Road Ste. 106 Wildomar, CA 92595

2. Cable TV
| Frontier Channel 36 or AT&T Channel 99

3. Watch Live
|
https://www.cityofwildomar.org/129/Agendas-Videos-Watch-Live | Click on the
"Live Video Link"

PARTICIPATE IN THE MEETING

1. Fill out the speaker card located on the table near the entrance of the chambers.

2. Submit the speaker card to the City Clerk in the basket located at the front of the chambers.

3. When the City Clerk calls your name, please come up to the front podium.

During Public Comment not on the agenda and after each Agenda Item, the Mayor will announce Public Comment. Public Comments are limited to (3) minutes or such other time as the Council may provide. Per the Brown Act, City Council members are not allowed to respond to public comments not on the agenda. If you would like to be contacted, please leave your email or contact number on the public comment card.

ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751, no later than 10:00 a.m. on the day preceding the scheduled meeting.

REPORTS
All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address: http://www.cityofwildomar.org and/or www.wildomar.gov (Effective December 6, 2024). Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours.

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
13 AFFIDAVIT OF POSTING
I, Janet Morales, Wildomar City Clerk, do certify that at least 72 hours prior to the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org and/or wildomar.gov.

Janet Morales, CMC
City Clerk
Dated: December 5, 2024

CITY COUNCIL/CEMETERY DISTRICT - MEETING (CCR)
14 CITY OF WILDOMAR

MEETING (CCR)

CLOSED SESSION
Meeting Date: December 11, 2024
SUBJECT:

CLOSED SESSION

ACTION:

The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:

Alexa Hoecker et al v. City of Wildomar; case number CVME2403770

The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.

The City Council will meet in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Performance Evaluation.

Title: City Manager.

The City Council will meet in closed session to hold a conference with its Labor Negotiator regarding Unrepresented Employee pursuant to Government Code 54957.6.

Agency representative: Mayor Bridgette Moore
Unrepresented employee: City Manager

The City Council will meet in closed session pursuant to the provisions of Government Code section 54957(b) regarding Public Employee Performance Evaluation.

Title: City Attorney
15 CITY OF WILDOMAR

MEETING (CCR)

DEPARTMENT REPORT
Meeting Date: December 11, 2024
SUBJECT:

Wildomar Library Quarterly Update - July - Sept. 2024

ACTION:

Receive and File.

FISCAL IMPACT:

As this is merely a report on activities, it does not have any fiscal impact.

ATTACHMENTS:

1. Wildomar Library Presentation
16 Wildomar Library
Report
Third Quarter:

July August September 2024
17 Community
Services
Computer Sessions
619 / 383 /402= 1,404
WiFi Sessions
591 / 573 / 719 = 1883
Reference Questions
695 / 919 / 593 = 2207
Program Attendance
750 / 487 / 589 = 1826
0 100
200
300
400
500
600
700
800
900
1000
Computer Usage WiFi Reference Questions Program Attendance Community Services 3rd Quarter 2024
July August September
18 Literacy and
Educational
Services
 Total Visits 3,756/ 3,435 / 3,288 = 10,479
 Circulation 8,553 / 6,515 / 6,572 = 21,640
 Total Programs 39 / 23 / 31 = 93
 New Memberships 64 / 91 / 88 = 243
 Total Open Hours 196 / 201 / 180 = 577
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
Library Traffic
July
August
September
Child YA Adult
July 4,470 505 1,863
August 4,187 371 1,966
September 3,869 379 1,679
0 1,000
2,000
3,000
4,000
5,000
Circulation by Age Category
19 New and
Upcoming
Programs
and
Services

Fiero
Online and inhouse curriculum in
HTML, CSS, JavaScript, Python,
Robocoders Lab
Programmable Lego type building
Financial Program
for Spanish Speakers
Dec 14
News for You
Learn to read, write, speak, and
understand the English language
20 Contact Us!
[email protected]
951-471-3855
Visit Us!
34303 Mission Trail, Wildomar
www.rivlib.net
Follow Us!
Facebook, Instagram
21 CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.1

Meeting Date: December 11, 2024
SUBJECT:

City Council/Cemetery District Minutes - November 13, 2024.

SUBMITTED BY:

Janet Morales, City Clerk

ACTION:

Approve the minutes as presented.

ATTACHMENTS:

1. Minutes
22 MINUTES

CITY OF WILDOMAR

CITY COUNCIL/CEMETERY DISTRICT
WEDNESDAY, NOVEMBER 13, 2024

COUNCIL CHAMBERS
23873 CLINTON KEITH ROAD SUITE 106
WILDOMAR, CA, 92595
Closed Session: 5:00 PM | Regular Session 6:00 PM
CALL TO ORDER – CLOSED SESSION - 5:00 P.M.

The Regular Closed Session was called to order by Mayor Pro Tem DePhillippo at 5:06 p.m.

ROLL CALL
Members in attendance: Ashlee DePhillippo, Joseph Morabito, Dustin Nigg, and Carlos Marquez
Members absent: Bridgette Moore

PUBLIC COMMENTS
There were no public comments.

CLOSED SESSION

1. The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9 (d)(1) to confer with legal counsel with regard to the following matter of pending litigation:
• Bush et al v. City of Wildomar et al;  case number CVSW2308821

2. The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation.

RECONVENE INTO OPEN SESSION
The City Council reconvened into open session at 6:00 p.m. with all members present.

ANNOUNCEMENTS 23
City Attorney Jex stated there were no reportable actions.

ADJOURN CLOSED SESSION
There being no further business, Mayor Moore adjourned the Closed Session at 6:00 p.m.

CALL TO ORDER – REGULAR SESSION - 6:00 P.M.

The Regular Meeting of the Wildomar City Council was called to order by Mayor Moore at 6:00 p.m.

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

Staff in attendance: City Manager York, City Attorney Jex,  City Clerk Morales, Community Services Director Torres, Administrative Services Director Schrader, Community Development Director Bassi, Public Works Director Farag, Finance Manager Jantz, Code Enforcement Manager Berroteran and Human Resources and Risk Manager Wolf.

FLAG SALUTE
The flag salute was led by Mayor Pro Tem DePhillippo.

PRESENTATIONS

1. Recognition: Community Outreach Ministry - 24th Anniversary Celebration

2. Proclamation: Small Business Saturday - November 30, 2024

DEPARTMENT REPORTS
Police Department Quarterly Update
Fire Department Quarterly Update
Members in attendance: Bridgette Moore, Ashlee DePhillippo, Joseph Morabito, Dustin Nigg, and Carlos Marquez
Members absent: None.

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

1. Greg Langworthy, United Sovereign Americans, with time donated by Veronica Langworthy, resident for a total of 6 minutes.

2. Michael Rpfiefer, United Sovereign Americans.

3. Jim Niederrecker, United Sovereign Americans.

COUNCIL COMMUNICATIONS
24 The City Council members spoke regarding various committees, comm1ss1ons, and boards that they serve on locally and regionally and community events including:

1. Riverside Conservation Authority (RCA)

2. Riverside Transit Agency (RTA)

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

5. Southern California Association of Governments (SCAG)

6. Riverside County Habitat Conservation Agency (RCHCA)

7. Western Riverside Council of Governments (WRCOG)

8. Southwest Community Financing Authority (Animal Shelter)

9. Ad Hoc & Subcommittees

10. Community events

11. Regional events

12. Chamber of Commerce

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to approve the agenda as presented.

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

Absent: None
1) CONSENT CALENDAR
Councilmember Morabito requested to pull item 1.6 for discussion. Councilmember Marquez requested to pull item's 1.5 and 1.13 for discussion.

Moved by Joseph Morabito; seconded by Carlos Marquez to approve the Consent Calendar.

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

Absent: Dustin Nigg

1.1) City Council/Cemetery District Minutes - October 9, 2024.

Approved the minutes as presented.

1.2) October 2024 City Warrant Register
Approved the following:

For Fiscal Year 2024/2025:

1. Warrant Register dated 10-03-2024 in the amount of $107,509.71 25 2. Warrant Register dated 10-10-2024 in the amount of $189,783.71

3. Warrant Register dated 10-14-2024 through 10-17-2024 in the amount of $988,703.56

4. Warrant Register dated 10-24-2024 in the amount of $173,253.53

5. Warrant Register dated 10-28-2024 through 10-31-2024 in the amount of $270,452.72

6. Wire Transfer Register dated 10-31-2024 in the amount of $58,648.81

7. Payroll Register dated 11-01-2024 in the amount of $298,415.54

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

1.4) Wildomar Crossroads Rough Grading Agreement and BMP Agreements Authorized the City Manager to execute the Rough Grading Agreement and BMP Agreements with Wildomar 150 Development LLC, a Delaware limited liability company, and Sage CK 15 Wildomar, LLC a California limited liability corporation, for the Wildomar Crossroads development project.

1.5) Professional Services Agreement with Nichols Consulting Engineers, Chtd., for a Pavement Management Program (PMP) Report, CIP 050-1

1. Authorized the City Manager to execute a Professional Service Agreement between the City of Wildomar and Nichols Consulting Engineers, Chtd., to prepare a Pavement Management Program Report.

2. Authorized the City Manager and Public Works Director to approve change orders not to exceed 10% of the contract amount (contingency).

3. Approved a supplemental appropriation of $27,500 in AQMD Fund 203 (Formerly Fund 210) as identified in the Fiscal Impact and Account Code sections of this staff report to allocate AQMD funds to the Project.

1.6) Accept Portions of Richard Street for Public Use and into the City’s Maintained Road System

1. Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 65

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A CERTIFICATE OF ACCEPTANCE

FOR A PORTION OF RICHARD STREET

2. Authorize the City Manager to execute a Certificate of Acceptance for right-of- way on Richard St.

1.7) Event Partnership (MOU) Memorandum of Understanding with Holt Ministries for the Elsinore Community Annual Turkey Giveaway

1. Authorized the City Manager to sign the MOU with Holt Ministries dependent that the foundation fulfills all requirements; and

2. Waived fees associated to the application and processing of the Temporary Event Permit dependent that the foundation fulfills all requirements.26

1.8) Community Development Block Grant (CDBG) 2024/2025 Supplemental Agreement for Mission Trail/Sedco Sidewalk Phase III Project (CIP 044-3)

1. Adopted a Resolution entitled:

RESOLUTION 2024 - 66

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

ACCEPTING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2024/2025 IN THE AMOUNT OF $132,515.00 FOR THE SEDCO SIDEWALK PROJECT PHASE III (1.WD.22-24, CIP 044-3)

2. Approve a supplemental appropriation adding $7,600 in expenditures and increasing budgeted revenues by $7,600 for funds as identified in the Fiscal Impact and Account Code sections of this staff report, to allocate the necessary additional funds to the Project.

1.9) Acceptance of Public Improvements of Tract 32206 by Richmond American Homes of Maryland, Inc., a Maryland corporation.

Adopted a Resolution entitled:

RESOLUTION NO. 2024 - 67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, ACCEPTING THE SUBDIVISION IMPROVEMENTS FOR TRACT 32206, AUTHORIZING

THE CITY ENGINEER TO PREPARE AND FILE THE NOTICE OF COMPLETION WITH THE

RIVERSIDE COUNTY RECORDER

1.10)Service Agreement with Allied Universal Janitorial Services for Janitorial Services to City Facilities
Authorized the City Manager to execute the services agreement between the City of Wildomar and Allied Janitorial Services and waive any informality or irregularity in the bid.

1.11)Homeless Services Memorandum of Understanding (MOU) with City of Murrieta Authorized 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.

1.12)Amendment No. 1 to Agreement for On-Call Services with TKE Engineering, Inc.

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

1.13)Memorandum of Understanding (MOU) with MySafe Riverside to conduct an event in conjunction with Breakfast with Santa

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

2. Waived fees associated with the application of the Temporary Event Permit dependent that the foundation fulfills all requirements. 27 2) PUBLIC HEARINGS

2.1) 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
Public Hearing was continued from November 13, 2024.

Public Works Director Farag presented the staff report.

There being no public testimony, Mayor Moore closed the Public Hearing.

Moved by Joseph Morabito; seconded by Carlos Marquez to Adopt Resolution entitled:

RESOLUTION NO. 2024 - 62

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

Absent: Dustin Nigg
Moved by Carlos Marquez; seconded by Joseph Morabito to Adopt a Resolution entitled:

RESOLUTION NO. 2024 - 63

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

Absent: Dustin Nigg

2.2) 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
Mayor Moore opened the Public Hearing.

Public Works Director Farag presented the staff report.  28 There being no public testimony, Mayor Moore closed the Public Hearing.

Moved by Carlos Marquez; seconded by Joseph Morabito to Adopt Resolution entitled:

RESOLUTION NO. 2024 - 68

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

Absent: Dustin Nigg
Moved by Carlos Marquez; seconded by Joseph Morabito to Adopt a Resolution entitled:

RESOLUTION NO. 2024 - 69

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

Absent: None

2.3) 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
Mayor Moore opened the Public Hearing.

Public Works Director Farag presented the staff report.

There being no public testimony, Mayor Moore closed the Public Hearing.

Moved by Dustin Nigg; seconded by Carlos Marquez to Adopt Resolution entitled:

RESOLUTION NO. 2024 - 70

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

Absent: None
Moved by Dustin Nigg; seconded by Ashlee DePhillippo to Adopt a Resolution entitled:

RESOLUTION NO. 2024 - 71

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

Absent: None

2.4) Tax Equity and Fiscal Responsibility Act Public Hearing Authorizing California Municipal Finance Authority to Issue Bonds on Behalf of Wildomar Family Housing, L.P.

Mayor Moore opened the Public Hearing.

The following provided public comment:

1. Eric Cushman, Affirmed Housing.

2. Veronica Langworthy, resident.

Moved by Joseph Morabito; seconded by Dustin Nigg to Adopt a Resolution entitled:

RESOLUTION NO. 2024 - 72

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

Absent: None

2.5) 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). 30 Senior Planner Lachgar and Cake House Applicant provided the staff report.

The following provided public comment:

1. Veronica Langworthy, resident.

2. Greg Langworthy, resident.

Moved by Dustin Nigg; seconded by Joseph Morabito to 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 - 73

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) Motion Approved: 3 - 2
Voting For: Bridgette Moore, Joseph Morabito, Dustin Nigg Voting Against: Ashlee DePhillippo, Carlos Marquez
Abstain: None

Absent: None
Moved by Dustin Nigg; seconded by Joseph Morabito to Introduce and Approve for First Reading an Ordinance entitled:

ORDINANCE NO. 243

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) Motion Approved: 3 - 2
Voting For: Bridgette Moore, Joseph Morabito, Dustin Nigg Voting Against: Ashlee DePhillippo, Carlos Marquez
Abstain: None

Absent: None
3) GENERAL BUSINESS

3.1) Ordinance amending Chapters 3.24, 2.08, and 3.28 of the Wildomar Municipal Code Related to Purchasing of Supplies and Equipment and Contracts for Professional Services
Administrative Services Director Schrader presented the staff report. 31 Moved by Dustin Nigg; seconded by Carlos Marquez to Introduce and approve the first reading of an ordinance entitled:

ORDINANCE NO. 244

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTIONS 3.24, 2.08, AND 3.28 TO THE MUNICIPAL CODE OF THE CITY

OF WILDOMAR TO PROVIDE UPDATED GUIDANCE ON THE PURCHASE OF SUPPLIES

AND EQUIPMENT AND CONTRACTING FOR PROFESSIONAL SERVICES Motion Approved: 5 - 0
Voting For: Bridgette Moore, Ashlee DePhillippo, Joseph Morabito, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None

Absent: None

3.2) Resolution opting in to CUPCCAA and Ordinance amending Chapter 3.32 of City of Wildomar Municipal Code to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act
Administrative Services Director Schrader presented the staff report.

Moved by Dustin Nigg; seconded by Joseph Morabito to Adopt a resolution entitled:

RESOLUTION NO. 2024 - 74

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

THE MATTER OF UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING

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

Absent: None
Moved by Dustin Nigg; seconded by Carlos Marquez to Introduce and approve the first reading of an Ordinance entitled:

ORDINANCE NO. 245

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE CITY OF WILDOMAR TO

PROVIDE INFORMAL AND FORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (SECTION 22000, ET SEQ. OF THE

PUBLIC CONTRACT COD)
Motion Approved: 5 - 0
Voting For: Bridgette Moore, Ashlee DePhillippo, Joseph Morabito, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None
32 Absent: None

3.3) Ordinance amending Chapter 5.04 (Bingo) of the Wildomar Municipal Code related to Nonprofit Bingo Overhead per Senate Bill (SB) 1044 City Clerk Morales presented the staff report.

Moved by Bridgette Moore to Introduce and approve the first reading of an Ordinance entitled:

ORDINANCE NO. 246

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 5.04 (BINGO) OF THE WILDOMAR MUNICIPAL CODE Motion Approved: 5 - 0
Voting For: Bridgette Moore, Ashlee DePhillippo, Joseph Morabito, Dustin Nigg, Carlos Marquez
Voting Against: None
Abstain: None

Absent: None

CITY MANAGER REPORT
City Manager York presented the update.

FUTURE AGENDA ITEMS
Added:

Review Cannabis Ordinances- DePhillippo
Park Naming Policy - Marquez

ADJOURN THE CITY COUNCIL MEETING
There being no further business, Mayor Moore adjourned the City Council Meeting at 8:45 p.m.

CALL TO ORDER THE WILDOMAR CEMETERY DISTRICT
The Regular Meeting of the Wildomar Cemetery District Meeting was called to order by Chair Moore at 8:45 p.m.

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

PUBLIC COMMENTS
The Regular Meeting of the Wildomar Cemetery District Meeting was called to order by Chair Moore at 7:25 p.m. 33

BOARD COMMUNICATIONS
There were no board communications.

APPROVAL OF THE AGENDA AS PRESENTED
Moved by Dustin Nigg; seconded by Joseph Morabito to approve the agenda as presented.

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

Absent: None
4) CEMETERY CONSENT CALENDAR

4.1) City Council/Cemetery District Minutes - October 9, 2024.

Approved the minutes as presented.

4.2) October 2024 Cemetery Warrant Register
Approved the following:

For Fiscal Year 2024/2025

1. Warrant Register dated 10-03-2024 in the amount of $974.10

2. Warrant Register dated 10-10-2024 in the amount of $503.91

3. Warrant Register dated 10-17-2024 in the amount of $55.07

4. Warrant Register dated 10-24-2024 in the amount of $112.50

5. Warrant Register dated 10-31-2024 in the amount of $936.41.

4.3) September 2024 Cemetery Treasurers Report
Approve the Treasurer’s Report for September 2024.

Moved by Dustin Nigg; seconded by Carlos Marquez to approve the Cemetery Consent Calendar.

Motion Failed: 0 - 0
Voting For: None
Voting Against: None
Abstain: None

Absent: None
Moved by Dustin Nigg; seconded by Carlos Marquez to approve the Cemetery Consent Calendar.

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

Absent: None
5) CEMETERY PUBLIC HEARINGS
There were no items scheduled.
6) CEMETERY GENERAL BUSINESS
There were no items scheduled.

GENERAL MANAGER REPORT
There was no general manager report.

FUTURE AGENDA ITEMS
There were no future agenda items added.

ADJOURN THE WILDOMAR CEMETERY DISTRICT MEETING
There being no further business, Chair Moore adjourned the Wildomar Cemetery District Meeting at 8:47 p.m.

Submitted by:
_____________________________
Janet Morales, CMC
City Clerk
35 CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.2

Meeting Date: December 11, 2024
SUBJECT:

November 2024 City Warrant Register
SUBMITTED BY:

Nicholas Neidiffer, Accountant I
PREPARED BY:

Nicholas Neidiffer, Accountant I

ACTION:

Approve the following:

For Fiscal Year 2024/2025:

1. Warrant Register dated 11-07-2024 in the amount of $23,074.96.

2. Warrant Register dated 11-14-2024 in the amount of $584,377.26.

3. Warrant Register dated 11-21-2024 in the amount of $142,963.58.

4. Warrant Register dated 11-27-2024 in the amount of $82,463.17

5. Wire Transfer Register dated 11-30-2024 in the amount of $349,809.41.

6. Payroll Register dated 12-01-2024 in the amount of $278,884.41.

SUMMARY:

November 2024 City Warrant Register

DISCUSSION:

The City of Wildomar requires that the City Council audit payments of demands and direct the City Manager to issue checks. The Warrant and Payroll Registers are submitted for approval.

FISCAL IMPACT:

These Warrant, Wire Transfer and Payroll Registers will have a budgetary impact in the amount and fiscal year noted in the recommendation section of this report. These costs are included in the Fiscal Year 2024/25 Budgets.

ATTACHMENTS:

Warrant Register 11.30.24.pdf
36 Transaction NamePaying TransactionAmount PaidBill DatePayment DateAmount (Credit) Vendor Memo Bill #101424-1Bill Payment #218990 1800 10/14/2024 11/7/20241,800.00NGUYEN & LE, LLC Extension of Temporary Construction Easement -
Palomar/Gruwell Road Widening Project
Bill #101424-2Bill Payment #218983 1600 10/14/2024 11/7/20241,600.00EASTLER, LLC Extension of Temporary Construction Easement
for APN# 376-052-002
Bill #101424-5Bill Payment #218993 300 10/14/2024 11/7/2024 300.00SARWAR FAMILY TRUST Extension of Temporary Construction Easement -
Palomar St., North of Elm
Bill #84034Bill Payment #218991 165 9/30/2024 11/7/2024 165.00PLACEWORKS September 2024 Contractual Svc - Project
Related
Bill #84036Bill Payment #218991 41.25 9/30/2024 11/7/2024 41.25PLACEWORKS September 2024 Contractual Svc - Project
Related
Bill #84037Bill Payment #218991 82.5 9/30/2024 11/7/2024 82.50PLACEWORKS September 2024 Contractual Svc - Project
Related
Bill #102424-1Bill Payment #218999 75 10/24/2024 11/7/2024 75.00STRONG, KIM Planning Commission Meeting 10/23/24 Bill #102424-2Bill Payment #218985 75 10/24/2024 11/7/2024 75.00FILAR, ERIC Planning Commission Meeting 10/23/24 Bill #102424-3Bill Payment #218978 75 10/24/2024 11/7/2024 75.00BANKS, ARRIN Planning Commission Meeting 10/23/24 Bill #102424-4Bill Payment #218980 75 10/24/2024 11/7/2024 75.00CAMBERO, GEORGE Planning Commission Meeting 10/23/24 Bill #658320Bill Payment #218982 182.5 10/24/2024 11/7/2024182.50

DEANZA TERMITE & PEST
CONTROL, INC Pest Control Cemetery 10/24/24
Bill #658319Bill Payment #218982 50 10/24/2024 11/7/2024 50.00

DEANZA TERMITE & PEST
CONTROL, INC Pest Control Marna (10/22/24)
Bill #103124Bill Payment #219001 240.53 10/31/2024 11/7/2024240.53BAGGIO, TINA Mileage Reimbursement: 10/21/24-10/25/24 Bill #17355Bill Payment #218992 113.44 10/30/2024 11/7/2024113.44PRINT POSTAL Election Signs Bill #46575Bill Payment #218979 597.6 10/17/2024 11/7/2024597.60BIO-TOX LABORATORIES RC Sheriff- Lab Services Bill #46576Bill Payment #218979 782 10/17/2024 11/7/2024 782.00BIO-TOX LABORATORIES RC Sheriff- Lab Services Bill #PE0000002125Bill Payment #218981 761.94 10/10/2024 11/7/2024761.94

COUNTY OF RIVERSIDE PUBLIC,
SAFETY ENTERPRISE COMMUNI Monthly Radio Communication - Sheriff Bill #9581636088Bill Payment #219000 165 10/1/2024 11/7/2024 165.00T-MOBILE USA INC Case Investigation WI242610010 Bill #110724Bill Payment #218986 50 11/7/2024 11/7/2024 50.00FRANCHISE TAX BOARD Withholding Order - S Stanton Case
#562175172
Bill #110724BBill Payment #218986 100 11/7/2024 11/7/2024 100.00FRANCHISE TAX BOARD Withholding Order - R Berroteran Case
#545957597
Bill #33400Bill Payment #218994 500.93 10/17/2024 11/7/2024500.93SIGNS BY TOMORROW Decals for Vehicles Bill #110124-0962Bill Payment #218997 255.46 11/1/2024 11/7/2024255.46EDISON 10/01/24-10/31/24 Electric CFD 2013-001-Zone
2 Bill #110124-1757Bill Payment #218997 206.82 11/1/2024 11/7/2024206.82EDISON 10/01/24-10/31/24 Electric CFD 2013-001-Zone
3 Bill #110124-4487Bill Payment #218997 56.71 11/1/2024 11/7/2024 56.71EDISON 10/01/24-10/31/24 20505 Palomar St (Marna) Bill #110124-4610Bill Payment #218997 132.42 11/1/2024 11/7/2024132.42EDISON 10/01/24-10/31/24 Electric CFD 2013-001 Zone
3 Bill #110124-4845Bill Payment #218997 66.21 11/1/2024 11/7/2024 66.21EDISON 10/01/24-10/31/24 CFD Zone 2 Bill #110124-9127Bill Payment #218997 251.34 11/1/2024 11/7/2024251.34EDISON 10/01/24-10/31/24 Electric CFD 2013-001 Zone
5 37
Bill #110124-7504Bill Payment #218997 35.16 11/1/2024 11/7/2024 35.16EDISON 10/01/24-10/31/24 CFD 2013-1 Orange/Corazza Bill #110424Bill Payment #218995 1824 11/4/2024 11/7/2024 1,824.00SMITH RANCH SELF STORAGE Prepayment for Nov - June 2025 Fleet Storage
for Space RV021
Bill #9064 Bill Payment #218988 2659.72 10/28/2024 11/7/20242,659.72Johnson Equipment CompanyLight bars for new fleet vehicle Bill #13259411Bill Payment #218984 1598.2 10/30/2024 11/7/20241,598.20

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/17/24-10/18/24 Water Zone 3 Loc 35 M1 Bill #13252593Bill Payment #218984 2852.24 10/28/2024 11/7/20242,852.24

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/13/24-10/14/24 Water Zone 42 Loc 01 M1 Bill #102824Bill Payment #218989 38.81 10/28/2024 11/7/2024 38.81MORALES, JANET Mileage Reimbursement: 10/16/24-10/17/24 Bill #8008774082Bill Payment #218998 337.38 10/25/2024 11/7/2024337.38STERICYCLE, INC Contractual Shredding Svc Bill #9976923639Bill Payment #219002 1404.59 10/22/2024 11/7/20241,404.59VERIZON WIRELESS Verizon 10/23/24-11/22/24 Bill #9976923640Bill Payment #219002 40.01 10/22/2024 11/7/2024 40.01VERIZON WIRELESS Verizon 10/23/24-11/22/24 Bill #SIN043981Bill Payment #218987 3039.12 9/30/2024 11/7/20243,039.12HDL SOFTWARE LLC. September 2024 HDL Fees Bill #1KM6-TTVN-P9W3Bill Payment #218977 336.06 11/1/2024 11/7/2024336.06AMAZON CAPITAL SERVICESAmazon Billing Period 10/1/24-10/31/24 Bill #110124-8975Bill Payment #218996 132.4 11/1/2024 11/7/2024 132.40EDISON 10/01/24-10/31/24 CFD Zone 3 Bill #110124-7694Bill Payment #218996 225.16 11/1/2024 11/7/2024225.16EDISON 10/01/24-10/31/24 CFD Zone 3 Bill #44266Bill Payment #219005 3194.29 8/30/2024 11/14/20243,194.29INLAND EMPIRE LANDSCAPE INCCitywide Irrigation Repairs - Aug 2024 Bill #44471Bill Payment #219005 2677.4 9/30/2024 11/14/20242,677.40INLAND EMPIRE LANDSCAPE INCLandscape Maintenance - Sep 2024 Bill #53045Bill Payment #219015 6784.1 10/18/2024 11/14/20246,784.10MARK THOMAS & COMPANY INC.Design for CIP028-2 and CIP067-1 Bill #23164160Bill Payment #219004 1480.75 9/30/2024 11/14/20241,480.75ST. FRANCIS ELECTRIC Traffic Signal Maintenance - September 2024 Bill #23164157Bill Payment #219004 1464.09 8/31/2024 11/14/20241,464.09ST. FRANCIS ELECTRIC Traffic Signal Maintenance Services August
2024
Bill #23164156Bill Payment #219004 1250.83 8/31/2024 11/14/20241,250.83ST. FRANCIS ELECTRIC Traffic Signal Maintenance Services August
2024
Bill #23164158Bill Payment #219004 438.59 8/31/2024 11/14/2024438.59ST. FRANCIS ELECTRIC Traffic Signal Maintenance Services August
2024
Bill #SH0000046866Bill Payment #219012 426178.9 10/23/2024 11/14/2024426,178.94

RIVERSIDE COUNTY, SHERIFF'S

DEPARTMENT
BP#3 Contract Law Enforcement Through
8/22/24-9/18/24
Bill #84032Bill Payment #219007 6998.88 9/30/2024 11/14/20246,998.88PLACEWORKS Sep 2024 Prof. Svcs. - 27 Acre Park CIP 062-1 Bill #84033Bill Payment #219007 294.53 9/30/2024 11/14/2024294.53PLACEWORKS Sep 2024 Prof. Svcs. - CIP 099 20-Acre Park Bill #2024-949Bill Payment #219003 6770 8/27/2024 11/14/20246,770.00TKE ENGINEERING INC Traffic Engineering - 7/1/2024-7/31/2024 Bill #1180 Bill Payment #219018 500 10/25/2024 11/14/2024500.00

THE ENDEAVOR PRODUCTION,
GROUP Mayor's Minute - Oct 24 - Be sure to vote
Bill #2024-1056Bill Payment #219003 457 8/1/2024 11/14/2024 457.00TKE ENGINEERING INC Contractual Svc 08/01/24-08/31/24 Bill #23164162Bill Payment #219004 1546.13 9/30/2024 11/14/20241,546.13ST. FRANCIS ELECTRIC TS Response Palomar & McVicar Bill #33489Bill Payment #219025 594.05 10/30/2024 11/14/2024594.05SIGNS BY TOMORROW Wildomar Public Hearing Sign Bill #381838Bill Payment #219024 90.23 10/30/2024 11/14/202490.23STAUFFERS LAWN EQUIPMENTDepartmental Supplies Bill #9294582199Bill Payment #219008 141.38 10/31/2024 11/14/2024141.38CINTAS CORPORATION SD Eyewash Service Agreement Bill #4210137640Bill Payment #219021 151.99 10/31/2024 11/14/2024151.99CINTAS CORPORATION Staff Uniform & Towel Maintenance Bill #110224Bill Payment #219029 60.94 11/2/2024 11/14/2024 60.94SPARKLETTS Cemetery Drinking Water Through 11/02/24 Bill #3106897355Bill Payment #219031 201.85 10/28/2024 11/14/2024201.85PITNEY BOWES Postage Meter Rental 9/16/24-12/15/24 Bill #37751938Bill Payment #219016 214.24 10/28/2024 11/14/2024214.24GREAT AMERICA FINANCIAL Canon Color Copier Syst. #019-1780554 Bill #264891Bill Payment #219028 1137.72 11/1/2024 11/14/20241,137.72

INNOVATIVE DOCUMENT

SOLUTIONS
10/01/24-10/31/24 Contract Copier Services
Maintenance/Repairs, Ink/Toner (5 Copies)
38 Bill #82226745Bill Payment #219009 282 10/31/2024 11/14/2024 282.00CORELOGIC SOLUTIONS, LLCOctober 2024 Code Enforcement Software Bill #5232435305Bill Payment #219008 423.8 9/30/2024 11/14/2024423.80CINTAS CORPORATION City Hall First Aid & Safety Bill #5233063508Bill Payment #219008 1949.44 10/3/2024 11/14/20241,949.44CINTAS CORPORATION City Hall First Aid & Safety Bill #161592997-0001Bill Payment #219011 184.32 11/1/2024 11/14/2024184.32SUNBELT RENTALS, INC. Heavy Equipment Rental Bill #161406486-0001Bill Payment #219011 230.41 10/29/2024 11/14/2024230.41SUNBELT RENTALS, INC. Equipment Rental Bill #160072376-0001Bill Payment #219011 358.4 10/1/2024 11/14/2024358.40SUNBELT RENTALS, INC. Equipment Rental Bill #329892Bill Payment #219013 75315.72 10/14/2024 11/14/202475,315.72

BURKE, WILLIAMS AND
SORENSON,, LLP Legal Services
Bill #INV06-019895Bill Payment #219030 2750 11/7/2024 11/14/20242,750.00AVENU MUNISERVICES ACFR - October 2024 FY 2023-24 Bill #INV06-019853Bill Payment #219030 388.51 11/6/2024 11/14/2024388.51AVENU MUNISERVICES Clearview /STARS Service for 2nd Quarter 2024
Data
Bill #170512Bill Payment #219019 412 10/28/2024 11/14/2024 412.00DATA TICKET, INC. September 2024 online Access Bill #171129Bill Payment #219019 528.55 10/28/2024 11/14/2024528.55DATA TICKET, INC. September 2024 Daily Citation Processing Bill #0350800Bill Payment #219026 40.95 10/31/2024 11/14/202440.95GOVERNMENT FORMS & SUPPLIESRegistered Engineer Stamper (Dan York) Bill #110624-0828Bill Payment #219017 172.04 11/6/2024 11/14/2024172.04EDISON 10/01/24-10/31/24 Electric Wildomar City Lamps Bill #110124-4293Bill Payment #219017 6219.55 11/1/2024 11/14/20246,219.55EDISON 10/01/24-10/31/24 CSA103 Sales Acquisition Bill #110624-1202Bill Payment #219017 24.33 11/6/2024 11/14/2024 24.33EDISON 10/01/24-10/31/24 Hidden Springs/Clinton Keith Bill #13255525Bill Payment #219006 769.29 10/29/2024 11/14/2024769.29

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 3 Loc 23 M1 Bill #13255733Bill Payment #219006 105.49 10/29/2024 11/14/2024105.49

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 30 Loc 2
Bill #13255772Bill Payment #219006 109.74 10/29/2024 11/14/2024109.74

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 3 Loc 49 M1 Bill #13256027Bill Payment #219006 184.05 10/29/2024 11/14/2024184.05

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 51 Loc 1
Bill #13256193Bill Payment #219006 713.39 10/29/2024 11/14/2024713.39

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Baseball Field
Bill #13256234Bill Payment #219006 1406 10/29/2024 11/14/20241,406.00

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Windsong Park
Bill #13256741Bill Payment #219006 1016.95 10/29/2024 11/14/20241,016.95

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 3 Loc 29 M1 Bill #13256819Bill Payment #219006 396.74 10/29/2024 11/14/2024396.74

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 3 Loc 29 M2 Bill #13256822Bill Payment #219006 554 10/29/2024 11/14/2024 554.00

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 30 Loc 1
Bill #13256920Bill Payment #219006 308.02 10/29/2024 11/14/2024308.02

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water Zone 3 Loc 42 &47 M1 Bill #13257315Bill Payment #219006 181.33 10/29/2024 11/14/2024181.33

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water 22450 1/2 Cervera Rd Bill #13257558Bill Payment #219006 198.35 10/29/2024 11/14/2024198.35

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Water 22450 Cervera Rd Bill #13258643Bill Payment #219006 215.99 10/29/2024 11/14/2024215.99

ELSINORE VALLEY MUNICIPAL,

WATER DISTRICT
09/16/24-10/17/24 Water Zone 62 - 22933 Delca
Lane
39 Bill #13259137Bill Payment #219006 541.45 10/29/2024 11/14/2024541.45

ELSINORE VALLEY MUNICIPAL,

WATER DISTRICT
09/16/24-10/17/24CFD 2022-1 NE Wildomar
Trail/Margaret Ln
Bill #May 24Bill Payment #219010 4442.93 7/1/2024 11/14/20244,442.93CFT NV DEVELOPMENTS, LLC City Hall Common Area Maintenance Contract
May 2024
Bill #July 24Bill Payment #219010 3352.79 7/31/2024 11/14/20243,352.79CFT NV DEVELOPMENTS, LLC City Hall Common Area Maintenance Contract
July 2024
Bill #August 24Bill Payment #219010 5520.93 8/31/2024 11/14/20245,520.93CFT NV DEVELOPMENTS, LLC City Hall Common Area Maintenance Contract
August 2024
Bill #RS7045400Bill Payment #219023 165.35 10/31/2024 11/14/2024165.35CORODATA RECORDS, INC.

Storage - Admin/Finance Records 10/1/24-
10/31/24
Bill #2020111118Bill Payment #219022 9081.26 10/31/2024 11/14/20249,081.26

ABSOLUTE INTERNATIONAL,
SECURITY INC Security Patrol
Bill #400973Bill Payment #219014 803.5 10/14/2024 11/14/2024803.50RIGHTWAY 10/10/24-11/06/24 - Porta/Washstn - Windsong
2 Scheduled Services
Bill #3437 Bill Payment #219020 717 10/29/2024 11/14/2024717.00REEP FIRE PROTECTION, INC.Annual Inspection of City's Fire Extinguishers Bill #1103 OBill Payment #219027 3214.75 11/1/2024 11/14/20243,214.75CRYSTAL CLEAN MAINTENANCENov 2024 - City Hall Janitorial Services Bill #INV-46757Bill Payment #219044 24422.81 9/15/2024 11/21/202424,422.81GOVERNMENTJOBS.COM, INC SUBSCRIPTION FEES FOR: SOFTWARE
SERVICES, PERFORM, EFORMS, CORE HR.
10/01/2024-06/30/2025
Bill #101424-3Bill Payment #219046 1200 10/14/2024 11/21/20241,200.00GHULOUM, HIKMAT Extension of Temporary Construction Easement -
Palomar/Gruwell Road Widening Project
Bill #84031Bill Payment #219051 15438.75 9/30/2024 11/21/202415,438.75PLACEWORKS September 2024 Contractual Svc - Project
Related
Bill #2024-112Bill Payment #219053 4000 7/1/2024 11/21/2024 4,000.00

OFFICE OF ECONOMIC
DEVELOPMENT ICSC May 19-21, 2024 Las Vegas Booth
Bill #84030Bill Payment #219051 2677.13 9/30/2024 11/21/20242,677.13PLACEWORKS September 2024 Contractual Svc- CIP 026-2,
Bundy Canyon Improvement Segment 2
Bill #110032CSBill Payment #219055 5660.19 10/31/2024 11/21/20245,660.19SCA OF CA, LLC October 2024 Bill #AR051173Bill Payment #219039 5423.39 7/1/2024 11/21/20245,423.39CITY OF MURRIETA Homeless Outreach Services Bill #13258730Bill Payment #219041 124.15 10/29/2024 11/21/2024124.15

ELSINORE VALLEY MUNICIPAL,

WATER DISTRICT
09/16/24-10/17/24 Water Zone 67 -Arnnett &
Catt Rd
Bill #631664Bill Payment #219049 26591.27 8/31/2024 11/21/202426,591.27INTERWEST CONSULTING GROUP CIP Professional Services for the period 8/1/24-
8/31/24
Bill #1912 Bill Payment #219060 7920 10/23/2024 11/21/20247,920.00WRCOG Clean Cities Coalition Dues FY 24/25 Bill #724100406Bill Payment #219042 1550 11/4/2024 11/21/20241,550.00GEOCON WEST, INC. Contractual Svc through 10/6/2024 Bill #AR051172Bill Payment #219039 1764.97 7/1/2024 11/21/20241,764.97CITY OF MURRIETA March 2024 Homeless Outreach Services Bill #AR051174Bill Payment #219039 6808.83 7/1/2024 11/21/20246,808.83CITY OF MURRIETA Homeless Outreach Services Bill #72084Bill Payment #219047 135 7/1/2024 11/21/2024 135.00HILLSIDE HEATING & A/C INCCheck Condensate Leak Bill #2024-745Bill Payment #219058 2229 7/31/2024 11/21/20242,229.00TKE ENGINEERING INC Contractual Svc 07/01/24-07/31/24 Bill #2024-1201Bill Payment #219058 2898 8/1/2024 11/21/2024 2,898.00TKE ENGINEERING INC Contractual Svc 08/01/24-08/31/24 Bill #2024-951Bill Payment #219058 2989 7/31/2024 11/21/20242,989.00TKE ENGINEERING INC General Consulting Services 07/01/24-07/31/24 Bill #082024Bill Payment #219050 3200 8/20/2024 11/21/20243,200.00NICOLAS CARRANZA Developer Deposit Reimbursement for Unused
Funds
40 Bill #392940Bill Payment #219040 1664.5 11/1/2024 11/21/20241,664.50CR&R INC.

WASTE AND RECYCLING SERVICES 11/01/24-
11/30/24
Bill #153400HWBill Payment #219033 4600 11/5/2024 11/21/20244,600.00ASCENSUS FYE 06302024 Full GASB 75 Report Bill #1572634Bill Payment #219035 240.78 11/5/2024 11/21/2024240.78CENTRAL SECURITY SERVICESAlarm Monitoring Services 12/01/24-2/28/25 Bill #11698808Bill Payment #219057 560.92 10/25/2024 11/21/2024560.92

SOUTHERN CALIFORNIA NEWS,
GROUP Public Notice - GPA/ZOA/CA 2024-01 NOPH
Bill #11699175Bill Payment #219057 130.88 10/26/2024 11/21/2024130.88

SOUTHERN CALIFORNIA NEWS,
GROUP Public Notice - Election 2024
Bill #11699223Bill Payment #219057 199.44 10/30/2024 11/21/2024199.44

SOUTHERN CALIFORNIA NEWS,
GROUP Public Notice - CFD 2022-1 Annex 11
Bill #11699224Bill Payment #219057 199.44 10/30/2024 11/21/2024199.44

SOUTHERN CALIFORNIA NEWS,
GROUP Legal Services - CFD 2022-1 Annex 7
Bill #91124Bill Payment #219036 3352.79 7/1/2024 11/21/20243,352.79CFT NV DEVELOPMENTS, LLC City Hall Common Area Maintenance Contract
June 2024
Bill #1046-2Bill Payment #219048 1000 11/14/2024 11/21/20241,000.00HONOR PLUMBING CO Remove and replace urinal in restroom Bill #37857882Bill Payment #219045 214.24 11/8/2024 11/21/2024214.24GREAT AMERICA FINANCIAL Canon Color Copier Syst. #016-1585799 Bill #37853401Bill Payment #219045 359.97 11/7/2024 11/21/2024359.97GREAT AMERICA FINANCIAL Canon Color Copier Syst. 020-1472515 Bill #111224Bill Payment #219056 60.87 11/12/2024 11/21/202460.87SOCALGAS 10/08/24-11/07/24 Gas p- Fire Dept 32637
Gruwell
Bill #188866201110724Bill Payment #219037 5.35 11/7/2024 11/21/2024 5.35CHARTER COMMUNICATIONSCable through 12/07/24 - FS61 Bill #004928Bill Payment #219032 307.07 11/11/2024 11/21/2024307.07

AFLAC, REMITTANCE
PROCESSING, CENTER Aflac Premium Statement November 2024 Bill #111824Bill Payment #219054 51.39 11/18/2024 11/21/202451.39ROSALES, ANNELLE Mileage Reimbursement: 11/6/2024 Bill #111824Bill Payment #219059 74.37 11/18/2024 11/21/202474.37 Mileage Reimbursement: 11/3/24-11/15/24 Bill #4210845556Bill Payment #219038 151.94 11/7/2024 11/21/2024151.94CINTAS CORPORATION Staff Uniform & Towel Maintenance Bill #402029Bill Payment #219052 452.18 10/23/2024 11/21/2024452.18RIGHTWAY (2) Cemetery Restroom Maintenance/Service
10/21/24-11/17/24
Bill #13468Bill Payment #219034 67 11/1/2024 11/21/2024 67.00 CALIFORNIA ASSOC. OF PUBLIC,

CEMETERIES
Corporate Membership Dues Calendar Year
2025
Bill #13256094Bill Payment #219041 1946.45 10/29/2024 11/21/20241,946.45

ELSINORE VALLEY MUNICIPAL,
WATER DISTRICT 09/16/24-10/17/24 Cemetery Water Services Bill #AR051175Bill Payment #219039 5889.57 7/1/2024 11/21/20245,889.57CITY OF MURRIETA Homeless Outreach Services Bill #29602-AugBill Payment #219043 9995 9/4/2024 11/21/2024 9,995.00 GOD'S FAN CLUB DBA: PROJECT
TOUCH
To record Wildomar City Shelter Grant - August
2024
Bill #1934 Bill Payment #219089 6448.62 10/21/2024 11/27/20246,559.29WRCOG FY 24/25 Solid Waste Cooperation Dues Bill #100028Bill Payment #219070 310 11/7/2024 11/27/2024 310.00RIGHTWAY (1) Septic Pump 21400 Palomar Street Bill #161774668-0001Bill Payment #219062 263.64 11/6/2024 11/27/2024263.64SUNBELT RENTALS, INC. Cemetery Equipment Rental Bill #9062 Bill Payment #219076 2659.72 10/28/2024 11/27/20242,659.72Johnson Equipment Company Light Bar Install for New Code Enforcement
Vehicle
Bill #112124ABill Payment #219079 50 11/21/2024 11/27/2024 50.00FRANCHISE TAX BOARD Withholding Order - S Stanton Case
#562175172
Bill #112124BBill Payment #219079 100 11/21/2024 11/27/2024 100.00FRANCHISE TAX BOARD Withholding Order - R Berroteran Case
#545957597
Bill #70550,70551Bill Payment #219082 5550.43 11/21/2024 11/27/20245,550.43

COMMERCIAL BUILDING

MANAGEMENT, SERVICES INC
October 2024 Janitorial Service & supplies (2
invoices)
41 Bill #09-26-2024-1Bill Payment #219067 2147.54 11/27/2024 11/27/20242,147.54CARRANZA, SANDRA Refund for Developer Deposit Project 23-0098
Permit# BAR-23-0156
Bill #CD_000964974Bill Payment #219069 17439.74 11/22/2024 11/27/202417,439.74RING CENTRAL 11/21/24-11/2025 Annual Phone Lines Bill #110924Bill Payment #219065 628.36 11/9/2024 11/27/2024628.36SPARKLETTS City Hall Drinking Water Through 11/09/24 Bill #6998 Bill Payment #219085 5200 11/6/2024 11/27/20245,200.00CALIFORNIA CONSULTING, INC. Grant Writing Service - November 2024 Retainer Bill #082317220X241113Bill Payment #219081 175.24 11/13/2024 11/27/2024175.24DIRECT TV 11/12/24-12/11/24 Cable Services - City Hall Bill #111524-3767Bill Payment #219066 31.94 11/15/2024 11/27/202431.94EDISON 10/16/24-11/14/24 31160 Clinton Keith Rd LS3 Bill #111524-5449Bill Payment #219066 42.75 11/15/2024 11/27/202442.75EDISON 10/16/24-11/14/24 32975 Willow Bay Rd Rd Bill #111524-7633Bill Payment #219066 96.89 11/15/2024 11/27/202496.89EDISON 10/16/24-11/14/24 32975 Willow Bay Rd TC1 Bill #111424-2529Bill Payment #219066 157.47 11/14/2024 11/27/2024157.47EDISON 10/03/24-11/03/24 22378 Bundy Canyon Rd Bill #111424-3243Bill Payment #219066 42.63 11/14/2024 11/27/202442.63EDISON 10/14-24-11/12/24 31818 Central St LS3 Bill #111214-3123Bill Payment #219066 133.8 11/12/2024 11/27/2024133.80EDISON 10/11/24-11/11/24 Clinton Keith Rd Suite 109 Bill #111214-7255Bill Payment #219066 157.18 11/12/2024 11/27/2024157.18EDISON 10/11/24-11/11/24 Clinton Keith Rd Suite 110 Bill #111214-3487Bill Payment #219066 209.3 11/12/2024 11/27/2024209.30EDISON 10/11/24-11/11/24 Clinton Keith Rd Suite 103 Bill #111324-7372Bill Payment #219066 81.23 11/13/2024 11/27/202481.23EDISON 10/14/24-11/12/24 24211 Clinton Keith Rd TC1 Bill #111324-8688Bill Payment #219066 92.67 11/13/2024 11/27/202492.67EDISON 10/14-24-11/12/24 21458 Grand Ave TC1 Bill #111324-3950Bill Payment #219066 39.04 11/13/2024 11/27/202439.04EDISON 10/14-24-11/12/24 34311 Mission Trail LS3 Bill #111324-5361Bill Payment #219066 92.9 11/13/2024 11/27/2024 92.90EDISON 10/14-24-11/12/24 31818 Central TC1 Bill #111324-3047Bill Payment #219066 105.29 11/13/2024 11/27/2024105.29EDISON 10/14/24-11/12/24 34311 Mission Trail TC1 Bill #23164163Bill Payment #219063 1480.75 10/31/2024 11/27/20241,480.75ST. FRANCIS ELECTRIC Traffic Signal Maintenance - October 2024 Bill #111824-7151Bill Payment #219066 8254.31 11/18/2024 11/27/20248,254.31EDISON 10/14/24-11/12/24 Electric Traffic Control Bill #112024-0022Bill Payment #219066 44.75 11/20/2024 11/27/202444.75EDISON 10/16/24-11/14/24 22628 Wildomar Trail TC1 Bill #1773 Bill Payment #219064 7000 11/15/2024 11/27/20247,000.00SPICER CONSULTING GROUP CFD 2022-1 Annex 11, Wildomar Commerce
Center(100%)
Bill #1774 Bill Payment #219064 7000 11/15/2024 11/27/20247,000.00SPICER CONSULTING GROUPCFD 2022-1 Annex 7, Westpark Bill #092324Bill Payment #219068 210.35 11/26/2024 11/27/2024210.35GUILLEN, SALVADOR Developer Deposit Reimbursement for Unused
Funds
Bill #July 24-2Bill Payment #219083 812.38 7/31/2024 11/27/2024812.38CFT NV DEVELOPMENTS, LLC City Hall Common Area Maintenance Contract
July 2024-2
Bill #73518Bill Payment #219078 2515 11/20/2024 11/27/20242,515.00HILLSIDE HEATING & A/C INC HVAC Annual Maintenance for City Hall Building Bill #2024-1242Bill Payment #219061 2180 11/30/2024 11/27/20242,180.00TKE ENGINEERING INC Contractual Svc 09/01/24-09/30/24 Bill #2024-1243Bill Payment #219061 1964 11/6/2024 11/27/20241,964.00TKE ENGINEERING INC Contractual Svc 09/01/24-09/30/24 Bill #091924Bill Payment #219073 270.87 11/26/2024 11/27/2024270.87SALDANA, MARIA Developer Deposit Reimbursement for Unused
Funds - BTI-23-0172
Bill #032624Bill Payment #219074 521.18 11/26/2024 11/27/2024521.18KASTING, MARGO Developer Deposit Reimbursement for Unused
Funds: 23-0059 BTI-23-0171
Bill #091624Bill Payment #219075 268.36 11/26/2024 11/27/2024268.36LEVICA BUILDERS INC.

Developer Deposit Reimbursement for Unused
Funds: 23-0044 BTI-23-0169
Bill #111324Bill Payment #219071 523.7 11/26/2024 11/27/2024523.70PONCE, PAUL Developer Deposit Reimbursement for Unused
Funds: 23-0114 #BXX-23-1958
Bill #092324Bill Payment #219072 669.27 11/26/2024 11/27/2024669.27PARIS NAILS SPA Developer Deposit Reimbursement for Unused
Funds- BTI-23-0173
Bill #112124Bill Payment #219080 75 11/21/2024 11/27/2024 75.00FILAR, ERIC Planning Commission Meeting 11/06/24 42 Bill #112124Bill Payment #219087 75 11/21/2024 11/27/2024 75.00BERNARD, BRIANNA Planning Commission Meeting 11/06/24 Bill #112124Bill Payment #219088 75 11/21/2024 11/27/2024 75.00BANKS, ARRIN Planning Commission Meeting 11/06/24 Bill #112124Bill Payment #219084 75 11/21/2024 11/27/2024 75.00CAMBERO, GEORGE Planning Commission Meeting 11/06/24 Bill #112524Bill Payment #219086 81.2 11/25/2024 11/27/2024 81.20BERROTERAN, RAUL Mileage Reimbursement: 11/12/24-11/14/24 Bill #162029Bill Payment #219077 3000 11/25/2024 11/27/20243,000.00JOE A. GONSALVES & SON October 2024 Prof. Contractual Legislative
Advocacy Svcs
Bill #162104Bill Payment #219077 3000 11/25/2024 11/27/20243,000.00JOE A. GONSALVES & SON November 2024 Prof. Contractual Legislative
Advocacy Svcs
Total: 838,251.56
43 ACH Date Payee Description Amount
11/6/2024Big Easy Storage Fleet Vehicle Storage 249.00$ 11/6/2024Big Easy Storage Fleet Vehicle Storage 319.00$ 11/6/2024Big Easy Storage Fleet Vehicle Storage 319.00$ 11/6/2024Big Easy Storage Fleet Vehicle Storage 319.00$ 11/6/2024Big Easy Storage Fleet Vehicle Storage 339.00$ 11/6/2024Frontier Communications Monthly Phone and Internet Services 993.46$ 11/13/2024Viasat, Inc. Cemetery Phone and Internet 177.53$ 11/13/2024Viasat, Inc. Cemetery Phone and Internet 417.53$ 11/13/2024Frontier Communications Monthly Phone and Internet Services 81.47$ 11/18/2024Frontier Communications Monthly Phone and Internet Services 159.99$ 11/20/2024 US Bank
Credit Card Statement Payment - Business Meals,
Conference Expenses, Organizational Memberships,
Special Event Supplies, Repairs & Maintenance, and
Office Supplies
22,891.36$
11/20/2024Enterprise Fleet ManagementMonthly City Vehicle Lease Payment 5,645.98$ 11/21/2024Corner Escrow Palomar Widening Right of Way 118,742.00$ 11/25/2024Golden State Escrow Clinton Keith Widening Right of Way 30,143.00$ 11/25/2024Golden State Escrow Clinton Keith Widening Right of Way 56,340.00$ 11/25/2024Golden State Escrow Bundy Canyon Widening Right of Way 111,938.00$ 11/26/2024Frontier Communications Monthly Phone and Internet Services 72.29$ 11/26/2024Frontier Communications Monthly Phone and Internet Services 661.80$ TOTAL 349,809.41$
City of Wildomar
Wire Transfer Register
11/30/2024
44 ACH Date Payee Description Amount
11/7/2024 Heartland Payroll 10/19/2024-11/1/2024 138,514.21$ 11/21/2024 Heartland Payroll 11/2/2024-11/15/2024 138,897.77$ 11/29/2024 Heartland Payroll 11/1/2024-11/30/2024 1,472.43$ TOTAL 278,884.41$
City of Wildomar
Payroll Warrant Register
12/1/2024
45 CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.3

Meeting Date: December 11, 2024
SUBJECT:

October 2024 City Treasurers Report
SUBMITTED BY:

Adam Jantz, Finance Manager
PREPARED BY:

Adam Jantz, Finance Manager

ACTION:

Approve the Treasurer’s Report for October 2024.

SUMMARY:

October 2024 City Treasurer's Report

DISCUSSION:

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

The City utilizes both the California State Treasurer’s Local Agency Investment Fund (LAIF) and the California Asset Management Program (CAMP) for its city investments.

On October 12th, 2022, the City entered into an agreement with PFM Asset Management as an investment advisor for the City’s CAMP investment pool and established an additional managed CAMP account for long-term investments. Over time, this is expected to increase the returns on the City investments above the normal CAMP pool rate.

Over this month, the City earned $212,394.05 in interest from its investment accounts.

FISCAL IMPACT:

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

ACCOUNT CODE:
100-1012
100-1011
110-1011
115-1011
120-1011
201-1011
212-1011
300-1011
301-1011
420-1011
421-1011
440-1011
461-1011

ATTACHMENTS:
46 October 2024 City Treasurer's Report.pdf
47 BEGINNING + (-) ENDING

FUND ACCOUN T INSTITUTION BALANC E DEPOSITS WITHDRAWAL S BALANCE RATE All All WELLS FARG O $ 3,518,864.84 $ 2,706,001.35 (1,874,738.07) $ 4,350,128.12 4.68125% TOTAL $ 3,518,864.84 $ 2,706,001.35 $ (1,874,738.07) $ 4,350,128.12

AVERAGE

PERCENT OF DAYS STATED
FUND BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO TO MAT. RATE 100 $ 5,114,739.00 $ 5,114,739.00 $ 5,114,739.00 12.53% N/A 4.518% Various $ 12,421,849.14 $ 12,421,849.14 $ 12,421,849.14 30.43% N/A 5.030% Various $ 22,995,738.85 $ 22,995,738.85 $ 23,286,046.26 57.04% 858 4.490% TOTAL $ 40,532,326.99 $ 40,532,326.99 $ 40,822,634.40 100.00% CITY $ 44,882,455.11
+ + (-)

BEGINNING INTEREST WITHDRAWALS/ ENDING STATED

FUND BALANCE PURCHASES DEPOSITED SALES BALANCE RATE
100 General $ 5,054,794.50 $ 0.00 $ 59,944.50 $ 0.00 $ 5,114,739.00 4.518% 100 General $ 5,340,797.84 $ 0.00 $ 22,764.60 $ 0.00 $ 5,363,562.44 5.030% 115 ARPA $ 1,305,185.67 $ 0.00 $ 5,563.21 $ 0.00 $ 1,310,748.88 5.030% 120 AA $ 2,636,158.89 $ 0.00 $ 11,236.35 $ 0.00 $ 2,647,395.24 5.030% 461 DIF Park Imp. $ 2,655,397.33 $ 0.00 $ 11,318.36 $ 0.00 $ 2,666,715.69 5.030% 301 Endowment $ 431,587.29 $ 0.00 $ 1,839.60 $ 0.00 $ 433,426.89 5.030% 100 General $ 6,241,305.35 $ 0.00 $ 27,237.42 $ 0.00 $ 6,268,542.77 4.490% 110 Dev. Agrmnt. $ 2,352,191.26 $ 0.00 $ 10,220.11 $ 0.00 $ 2,362,411.37 4.490% 120 AA $ 6,346,071.78 $ 0.00 $ 27,653.32 $ 0.00 $ 6,373,725.10 4.490% 201 Measure A $ 1,180,741.87 $ 0.00 $ 5,126.45 $ 0.00 $ 1,185,868.32 4.490% 212 Waste Svcs. $ 1,051,946.49 $ 0.00 $ 4,583.00 $ 0.00 $ 1,056,529.49 4.490% 300 Cemetery $ 1,051,946.49 $ 0.00 $ 4,583.00 $ 0.00 $ 1,056,529.49 4.490% 420 Public Fac. $ 504,202.68 $ 0.00 $ 2,189.11 $ 0.00 $ 506,391.79 4.490% 421 Police Fac. $ 504,202.68 $ 0.00 $ 2,189.11 $ 0.00 $ 506,391.79 4.490% 440 DIF Roads $ 2,650,589.33 $ 0.00 $ 11,567.69 $ 0.00 $ 2,662,157.02 4.490% 461 DIF Park Imp. $ 1,012,813.48 $ 0.00 $ 4,378.22 $ 0.00 $ 1,017,191.70 4.490% TOTAL $ 40,319,932.94 $ 0.00 $ 212,394.05 $ 0.00 $ 40,532,326.99

Heidi Schrader
Heidi Schrader
City Treasurer
Date
11/18/2024

BREAKDOWN

TOTAL CASH AND INVESTMENTS
October 2024
In compliance with the California Code Section 53646, as City Treasurer for the City of Wildomar, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months, and that all investments are in compliance with the City's Statement of Investment Policy.

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

ISSUER

CAMP POOL

CAMP POOL

LOCAL AGENCY INVESTMENT FUND

LOCAL AGENCY INVESTMENT FUNDS
ISSUER

CAMP POOL

CAMP POOL

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CASH AND INVESTMENT PORTFOLIO

TREASURER'S REPORT FOR

CITY OF WILDOMAR

CITY CASH

CITY INVESTMENT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP POOL

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT

CAMP MANAGED ACCOUNT
48 CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.4

Meeting Date: December 11, 2024
SUBJECT:
2nd Reading of Ordinance No. 243 for Development
Agreement No. 24-0035
SUBMITTED BY:

Matthew Bassi, Comm Dev Director
PREPARED BY:

Matthew Bassi, Comm Dev Director

ACTION:

Adopt an Ordinance entitled:

ORDINANCE NO. 243

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 APPROVAL OF DEVELOPMENT AGREEMENT NO. 24-0035 TO ESTABLISH A RETAIL CANNABIS BUSINESS WITHIN AN 3,936 SQUARE-FOOT RETAIL LEASE SPACE IN THE CATT CROSSINGS RETAIL CENTER LOCATED AT 23825 CATT ROAD (APN: 380-240-001)
SUMMARY:

The City Council approved the first reading of Ordinance No. 243 at the November 13, 2024 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 243.

ATTACHMENTS:

Attach A - Ordinance No. 243 [DA 24-0035].docx
49 ATTACHMENT A
Council Ordinance No. 243
(Development Agreement No. 24-0035)
50 ORDINANCE NO. 243

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 APPROVAL OF DEVELOPMENT
AGREEMENT NO. 24-0035 TO ESTABLISH A RETAIL CANNABIS
BUSINESS WITHIN AN 3,936 SQUARE-FOOT RETAIL LEASE

SPACE IN THE CATT CROSSINGS RETAIL CENTER LOCATED
AT 23825 CATT ROAD (APN: 380-240-001)
RECITALS:

WHEREAS, the Planning Department on June 24, 2024 received an application for Development Agreement No. 24-0035 to establish a retail cannabis business within a 3,936 square-foot retail lease space (Catt Crossings Retail Center) within the C-P-S (Scenic Highway Commercial) zone located at 23825 Catt Road from:

Applicant/Owner: Catt Road, LLC (Saad Pattah)
Project Location: 23825 Catt Road, Wildomar, CA 92595
APN: 380-240-001
Project Area: 0.663 acres
WHEREAS, California Government Code Title 7, Chapter 4, Article 2.5 authorizes the City to enter into development agreements which will provide certainty, definition and commitment to developers as well as to necessary public improvements required by development; and
WHEREAS, pursuant to Chapter 17.315 (Cannabis Businesses) of the Wildomar Municipal Code, the Applicant is required to enter into a Development Agreement for the operation of the Project and said Development Agreement must be approved by the Planning Commission and the City Council; and
WHEREAS, in accordance with Chapter 17.315 of the Wildomar Municipal Code, the Planning Commission held a noticed public hearing on October 2, and October 23, 2024 to review Development Agreement No. 24-0035, at which time interested persons had an opportunity to testify in support of, or opposition to the proposed development agreement, and at which time the Planning Commission received public testimony, and subsequently adopted PC Resolution No. 2024-14 recommending City Council approval of Development Agreement No. 24-0035, and
WHEREAS, in accordance with Section 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 Development Agreement No. 24-0035 to establish the proposed retail cannabis business; and
51 WHEREAS, 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 City Council meeting at which time the City Council would consider Development Agreement No. 24-0035 to establish the proposed retail cannabis business; and WHEREAS, 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 at which time the City Council would consider Development Agreement No. 24-0035 to establish a retail cannabis business; and
WHEREAS, in accordance with Chapter 17.200 and 17.315 of the Wildomar Municipal Code, the City Council conducted a duly noticed public hearing on November 13, 2024, to discuss the proposed Development Agreement No. 24-0035 and at which time interested persons had an opportunity to testify in support of, or opposition to the proposed development agreement, and at which time the City Council received public testimony concerning the proposed development agreement.

THE CITY COUNCIL OF THE CITY OF WILDOMAR HEREBY DOES ORDAIN AS FOLLOWS:

SECTION 1. CEQA ENVIRONMENTAL DETERMINATION.

In accordance with the California Environmental Quality Act (CEQA) Guidelines, the Planning Department evaluated the proposed Development Agreement No. 24-0035 establishing a retail cannabis business within a 3,936 square-foot retail building (including tenant improvements) within the approved Catt Crossings Retail Center located within the C-P-S (Scenic Highway Commercial) zone to determine what level of CEQA environmental review is required. Based on this review, the Planning Department determined that approval of Development Agreement 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 construct and make tenant improvements to the lease space located at 23825 Catt Road, Wildomar, CA 92595 (APN: 380-240-001) as part of the cannabis business operations for which building permits will be required. Therefore, based on this, the City Council hereby adopts this Categorical Exemption in accordance with Section 15301 (Existing Facilities, Class 1) of CEQA for Development Agreement No. 24-0035
SECTION 2. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The Planning Commission hereby finds Development Agreement 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. 52 SECTION 3. GENERAL PLAN CONSISTENCY
The City Council hereby finds and determines that Development Agreement No. 24-0035 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.

SECTION 4. DEVELOPMENT AGREEMENT
Based upon the evidence presented and the above findings, the City Council hereby approves Development Agreement No. 24-0035 as illustrated herein and attached hereto to this Ordinance as Exhibit 1. The City Manager is directed to execute Development Agreement No. 24-0035 on behalf of the City.

SECTION 5. RECORDATION OF DEVELOPMENT AGREEMENT
Within ten (10) days after the date upon which the City Manager executes the Development Agreement on behalf of the City, the City Clerk shall record the Development Agreement and this Ordinance with the County Recorder of the County of Riverside.

SECTION 6. SEVERABILITY
If any part of this Ordinance, or the Development Agreement which it approves, is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance or of the Agreement, and this City Council hereby declares that it would have passed the remainder of the Ordinance, or approved the remainder of the Agreement, if such invalid portion thereof had been deleted.

SECTION 7. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 8. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c). 53 APPROVED AND ADOPTED this 11th, day of December 11, 2024. _____________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
54 EXHIBIT 1
DEVELOPMENT AGREEMENT NO. 24-0035
55 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
Space Above Line for Recorder’s Use Only
Exempt from Recording Fees per Gov’t Code § 27383

DEVELOPMENT AGREEMENT
FOR CONDITIONAL USE PERMIT NO. 24-0035
By and Between

CITY OF WILDOMAR
and

CATT ROAD, LLC
NOVEMBER 13, 2024
56 DEVELOPMENT AGREEMENT
This Development Agreement ("Agreement"), dated for reference purposes as first indicated on the cover page, is entered into by and between the City of Wildomar, a California general law Municipal Corporation ("City") and Catt Road, LLC a Limited Liability Company, (“Developer”) as follows:

RECITALS
A. The Legislature of the State of California has adopted California Government Code Sections 65864 through 65869.5, which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city's municipal boundaries for the development of such property in order to, among other things, encourage and provide for the development of public facilities; to support development projects; provide certainty in approval of development projects in order to avoid a waste of resources and escalation in project costs and encourage an investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public land; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to the conditions of approval of such projects as provided in such annexation and/or development agreements.

B. On June 10, 2024, the City Council adopted Ordinance No. 187 establishing zoning and use regulations for cannabis businesses within the City, which includes a requirement that a cannabis business enter into a development agreement with the City prior to commencing operations.

C. Developer is the tenant of that certain real property located at 23825 Catt Road, Wildomar, CA 92595 (APN: 380-240-001) within the City of Wildomar, California hereinafter referred to as the "Property" and as more particularly described herein.

Developer proposed to improve, develop and use the Property for a Cannabis Business in accordance with the State Laws and Wildomar Municipal Code (the “Project”) D. The Property is owned by CCG Catt, LLC (“Property Owner”). The Property Owner has provided notarized written consent to the terms of this Agreement and the recordation thereof, attached here to as Exhibit C.

E. On June 24, 2024, the City issued a Cannabis Local License to Developer for the Project pursuant to Chapter 5.76 of the Wildomar Municipal Code.

F. On October 2, 2024, the Planning Commission considered, at a duly noticed public hearing, and voted to recommend to the City Council adoption of a Categorical Exemption in accordance with Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), and approval of this Development Agreement (DA 24-0035) and Conditional Use Permit No. 24-0035 for the Project.
57 G. On November 13, 2024, the City Council held a duly noticed public hearing and voted to adopt a Categorical Exemption in accordance with Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), approval and Conditional Use Permit No. 24-0035 for the Project and introduced and had the first reading of Ordinance No. _____ approving this Agreement.

H. On December 11, 2024, the City Council considered and approved (2 nd reading) this Development Agreement No. 24-0035 by adopting Ordinance No. _____.

I. In adopting this Agreement, City understands that Developer will acquire certain vested rights regarding development of the Project on the Property and that this Agreement will bind future City Councils to its terms to the extent allowed by law.

J. City acknowledges the benefit the Project will provide to the community and desires to encourage the undertaking and completion of the Project and to provide a greater level of development certainty for the Developer by entering into this Agreement.

K. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE , in consideration of the above Recitals and of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby covenant and agree as follows:

1. DEFINITIONS
In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below. Words and phrases not defined herein and defined in City Ordinance Nos. 187 or 188 shall have the meanings ascribed in those ordinances.

1.1 “Action” means any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument.

1.2 “Cannabis Business License” means the license to operate a cannabis business issued by the City to the Developer for the Project under Chapter 5.76 of the Wildomar Municipal Code.

1.3 “City” means the City of Wildomar, a general law, municipal corporation formed and existing under the laws of the State of California and any successor-in- interest to the rights, obligations, and powers of the City. 58 1.4 “Claim or Litigation” means any challenge by any third party (whether legal, equitable, declaratory, administrative or adjudicatory in nature) (i) to the legality, validity or adequacy of the General Plan, Land Use Regulations, this Agreement, Development Approvals or other actions of the City pertaining to the Project, whether such actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act Code of Civil Procedure Section 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, or (ii) seeking damages against the City as a consequence of the foregoing actions, for the taking or diminution in value of their property or for any other reason.

1.5 “County” means the County of Riverside.

1.6 “Developer” means Catt Road, LLC, a Limited Liability Company, having its principal place of business at 553 West 9th Street, Escondido, CA 92025, and who is authorized to conduct business, and is doing business, within California. As of the Effective Date of this Agreement, the Developer has entered into a sale agreement with the Property Owner, “CCG Catt, LLC.” The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.

1.7 “Development Costs” means all the costs and expenses which must necessarily be incurred in the design, development, construction and completion of the Project, including but not limited to: predevelopment costs; Developer’s overhead and related costs; design and engineering costs; development costs; construction costs; fees payable to accountants, appraisers, architects, attorneys, biologists, construction managers, engineers, geologists, hydrologists, inspectors, planners, testing facilities, and other consultants; utility connection fees and other utility related charges; costs relating to financing including principal, interest, points, fees and other lender charges; escrow fees and closing costs; recording fees; court costs; costs relating to insurance; costs relating to title insurance; costs relating to bonds; and all other costs and expenses of Developer related to the performance of this Agreement.

1.8 “Development Exaction” means any requirement of the City in connection with or pursuant to any Land Use Regulation or Existing Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests, consistent with this Agreement.

1.9 “Development Impact Fees” means those development impact fees imposed and levied by the City to recover the cost of planned public facilities and to mitigate impacts of projects on the City.

1.10 “Effective Date”means the date upon which the Ordinance approving this Agreement becomes effective, which date is thirty (30) days following the date the City 59 Council adopted such Ordinance absent a referendum challenge, and provided that the Agreement has been fully executed by the Parties.

1.11 “Existing Development Approval(s)” means all land use development permits and approvals issued, approved, and/or certified by the City Council, Planning Commission, Planning Director, or Building Official, including those development approvals listed in Recital E, but also including any land use or building permits and approvals issues, approved, and/or certified as of the Effective Date of this Agreement by the City Council, City’s Planning Commission, Planning Director or Building Official for the Project.

1.12 “Existing Land Use Regulation”means a Land Use Regulation existing, effective, and made a matter of public record as of the Effective Date of this Agreement.

1.13 “General Plan” means the City’s General Plan as of the date of this Agreement, as amended.

1.14 “Land Use Regulations”means all ordinances, resolutions, codes, rules, regulations, and official policies of City, governing the development and use of land including without limitation, the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property which have been adopted and are effective and are a matter of public record as of the Effective Date of this Agreement. “Land Use Regulations” does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing:
(a) The licensing or regulation of businesses, professions, and occupations;
(b) Sales taxes, ad valorem property taxes, or voter approved general or special taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or
(e) The exercise of the power of eminent domain.

1.15 “Litigation Expenses” means all costs and expenses, to the extent such are reasonable in amount, that are actually and necessarily incurred in good faith by the Prevailing Party directly related to the Action, including, but not related to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, consultant fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other cost or expense reasonably and necessarily incurred by the prevailing party in good faith and directly related to the Action. Where attorneys’ fees are to be paid by Developer to the 60 City’s law firm on behalf of, or in defense of, City, the rate to be paid shall be the full litigation rate charged by the City’s law firm to the City in accord with the City’s contract with that law firm.

1.16 “Project” means that certain retail cannabis business development proposed by Catt Road, LLC, a Limited Liability Company, consisting of a 3,936 square foot retail cannabis business located at 23825 Catt Road, Wildomar, CA 92595 (APN:
380-240-001) within the City of Wildomar, as permitted under, and as more fully described, in the Existing Development Approvals.

1.17 “Property” means a certain real property located at 23825 Catt Road, Wildomar, CA 92595 (APN: 380-240-001) within the City of Wildomar, California, as more particularly described in the legal description in Attachment 1 and depicted in Attachment 2 both of which are attached hereto and incorporated herein by this reference.

1.18 “Property Owner” means “CCG Catt, LLC.”

1.19 “Public Improvement” means those public improvements, including but not limited to, streets, street lights, traffic signals, curbs, gutters, sidewalks, parkway landscaping, irrigation systems, storm drains, sewers, and other public facilities directly related to the Project and required to be constructed and installed in the existing public rights-of-way and/or on areas of the Project to be dedicated to the City by Developer as specifically required under the Existing Development Approvals.

1.20 “Regional Fees”means fees and charges imposed or levied by any other public agency, regional agency, utility, district or joint powers authority, regardless of whether City collects those fees and charges, including, but not limited to, Transportation Uniform Mitigation Fee (TUMF), Multiple Species Habitat Conservation Plan (MSHCP), ADP and K-Rat.

1.21 “Subsequent Development Approvals” means any ministerial and discretionary permits, licenses, or other similar entitlements or approvals that must be secured by the Developer in order to develop the Project on the Property other than the Existing Development Approvals and Cannabis Business License. Subsequent Development Approvals include any changes to the Existing Development Approvals

1.22 “Subsequent Land Use Regulation” means any Land Use Regulation adopted, effective, and made a matter of public record after the Effective Date of this Agreement.

2. VESTING AND SCOPE OF DEVELOPMENT

2.1 Vesting. During the Term of this Agreement, Developer shall be entitled to, and vested with the right to, develop the Project on the Property, subject to the terms and conditions of this Agreement, the Existing Development Approvals, any Subsequent Development Approvals, the Cannabis Business License, Land Use Regulations and State laws.
61 2.2 Term. The term of this Agreement shall commence on the Effective Date and shall be for an initial period of twenty (20) years. This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order after exhaustion of any appeals directed against the City as a result of any lawsuit filed against the City to set aside, withdraw, or abrogate the approval by the City Council of City of this Agreement.

2.3 Subsequent Development Approvals. Successful implementation of the Project may require the Developer to obtain additional approvals and permits from City.

In connection with the consideration and issuance of any such Subsequent Development Approval which is not ministerial in nature, the City reserves its discretion under the police power to approve, conditionally approve, or deny the issuance of each Subsequent Development Approval.

2.4 Development Costs. Developer shall be solely responsible for payment of all Development Costs incurred in connection with developing the Project on the Property.

2.5 Schedule of Performance . Developer shall, in good faith, use commercially reasonable efforts to undertake, commence, and thereafter diligently pursue to completion, the development of the Project. The parties acknowledge that Developer cannot at this time specifically predict when, or the rate at which, the Project will be constructed and completed. Such decisions depend upon numerous factors, which are not within the control of Developer, such as market orientation and demand, availability of financing, interest rates, absorption, competition, and other similar market factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties, it is the intent of City and Developer to cure any possible deficiency in this Agreement arising from the same legal infirmity, by acknowledging and providing that the Developer shall have the right to develop Project on the Property in such order, at such rate, and at such times during the Term of the Agreement, as the Developer deems appropriate within the exercise of its independent business judgment.

2.6 Developer’s Representations and Warranties . Developer represents and warrants that, to the best of its knowledge, the following are accurate and true as of the Effective Date of this Agreement:

2.6.1 Title and Possession. Developer leases said Property located at 23825 Catt Road, Wildomar, CA 92595 (APN: 380-240-001) within the City of Wildomar, California, and is the sole person in legal possession of the lease space. All other persons holding legal or equitable interests in the Property shall be bound by this Agreement.

2.6.2 No Legal Actions. No Action to acquire, partition, or quiet title or any interest in the Property, or any Action that is reasonably likely to impair, encumber, or otherwise adversely impact title to the Property or Developer’s rights, title, or interest to 62 or in the Property is pending or otherwise imminent (including written threats to commence such Action), and to the best of Developer’s knowledge there are no facts upon which a third party could reasonable base, maintain, or threaten such an Action.

2.6.3 No Legal Impediments to Agreement. No contract, lease, or other agreement, whether recorded or unrecorded, bars, prohibits, limits or otherwise impairs Developer’s ability to enter into this Agreement and to encumber the Property with this Agreement.

2.7 Cooperation. City agrees that it shall accept for processing and promptly take action on all applications for Implementing Approvals, provided they are in a proper form and acceptable for required processing in accordance with the Existing Development Approvals and the provisions of this Agreement.

3. PUBLIC BENEFITS

3.1 Public Benefit. The parties acknowledge and agree that this Agreement confers private benefits on the Developer that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on the Developer by imposition of the Development Agreement Fee set forth in Section 3.2 hereof. City acknowledges, as partial consideration for this Agreement, the Development Agreement Fee will be payable by Developer as provided in Section 3.2 hereof which fee will be utilized to further mitigate the impact of the Project and provide community benefits, as determined by the City Council. The provisions of this Section 3 are material terms of this Agreement, and failure by Developer to fulfill any of its obligations in this Section 3 shall be a material breach of this Agreement.

3.2 Development Agreement Fee. On the Effective Date of this Agreement and on each anniversary thereafter, the Developer shall pay to the City a Development Agreement Fee as follows:

3.2.1 Twenty dollars ($20.00) per gross square foot of floor area based on a 3,936 square-foot lease space (as noted in the Development Agreement application package) within any building, facility, or structure utilized for the proposed Cannabis Business. Beginning on the next January 1 st proceeding the issuance of Certificate of Occupancy, this portion of the Development Agreement Fee 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.

3.2.2 In addition, the following amounts shall be paid to the City based on the quarterly (1/4) gross receipts excluding taxes and refunds of the Cannabis Business commencing on the first calendar quarterly (1/4) anniversary after the Certificate of Occupancy issuance and quarterly (1/4) thereafter as follows:
63 3.2.2.1 1st anniversary through 5th anniversary: 3% of gross receipts excluding taxes and refunds per calendar quarter.

3.2.2.2 6th anniversary through 20th anniversary: 5% of gross receipts excluding taxes and refunds per calendar quarter unless the City and Developer agree to a different amount and as approved by the City Council prior to the 6th anniversary of the Effective Date.

3.2.3 City and Developer hereby agree to engage in good faith negotiations during the 5th year of this Development Agreement regarding the Development percentage fee noted above.

3.2.4 The City shall have the power to audit and examine all books and records of the Developer, as well as persons engaged in the operation of the Cannabis Business, including both state and federal income tax returns, California sales tax returns, or other evidence documenting the gross receipts of the Cannabis Business for the purpose of ascertaining the amount of the Development Agreement Fee required to be paid by Developer under this Section.

3.2.5 In the event that during the Term of this Agreement the voters of the City approve a cannabis tax, then the Development Agreement Fee shall no longer be due and payable from the date the cannabis tax takes effect through the remainder of the Term.

3.3 Other Fees. In addition to the Development Agreement Fee, Developer agrees to pay all Regulatory Fees, Development Impact Fees, and any other applicable fees to the City related to the development of the Project on the Property.

4. APPLICABLE LAWS AND REGULATIONS; RESERVATION OF AUTHORITY

4.1 Existing Land Use Regulations. The Existing Land Use Regulations shall be applicable to the Project. Any change in, or addition to, the Existing Land Use Regulations, including without limitation, any change in any applicable City general or specific plan, zoning or building regulation, adopted or becoming effective after the Effective Date of this Agreement, including, without limitation, any change by means of ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council, Planning Commission or any other Board, Commission or Department of the City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict or be inconsistent with in any way the Existing Land Use Rules or the Existing Land Use Approvals or this Agreement, shall not be applied to the Project, subject to the Reservation of Authority set forth in section 4.3 hereof.

4.2 Federal and State Laws. Notwithstanding any other provision in this Agreement to the contrary, the Project shall be subject to subsequently enacted state or federal laws or regulations that may preempt the City’s ordinances, resolutions, rules, regulations, and policies, or require the same be amended, or require the City to adopt 64 new ordinances, resolutions, rules, regulations, and policies. As provided in section 65869.5 of the California Government Code, in the event state or federal laws or regulations enacted after the Effective Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, City or Developer shall provide the other Party with written notice of the state or federal law or regulation, and a written statement of the conflicts thereby raised.

Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or state law or regulation provided City shall not be obligated to agree to any modification materially increasing its obligations or materially adversely affecting its rights and benefits hereunder. In such discussions, City and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If City, in its judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right and responsibility to do so, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement. City also agrees to process, in accordance with the provisions of this Agreement, Developer’s proposed changes to the Project that are necessary to comply with such federal or state law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement.

4.3 Reservation of Authority . Notwithstanding any other provision of this Agreement, the City reserves its authority to impose any of the following rules, policies, regulations, ordinances, or requirements on development of the Project:

4.3.1 Filing and Processing Fees. Developer shall pay all customary and typical filing and permit processing fees imposed for Subsequent Development Approvals as required under ordinances and resolutions then in effect.

4.3.2 Development Impact Fees. Development impact fees or charges imposed by the City on and in connection with a development or other similar fees or charges imposed by other governmental entities regardless of whether the City is required to collect or assess such fees pursuant to applicable laws (e.g., school district impact fees pursuant to Government Code Section 65995)..

4.3.3 Procedural Requirements. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.

4.3.4 Taxes of General Applicability. Any law, ordinance, or resolution that imposes a general or special tax of general applicability to be applied uniformly to business and/or development in the City, whether such tax is for licensing or other purposes.
65 4.3.5 Uniform Codes. This Agreement does not prevent the City from adopting and amending in compliance with State law certain uniform codes or uniform standards which are based on recommendations of a multi-state professional organization and which become applicable throughout the City -- including the Project and the Property subject to this Agreement. Such Uniform Codes include, but are not limited to, the Uniform Building Code, Uniform Mechanical Code, National Electrical Code, Uniform Fire Code, and uniform standards for the construction of public works.

4.3.6 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

4.4 Changes and Amendments . Substantial changes to the Project or the Existing Development Approvals and amendments of this Agreement shall be subject to the following:

4.4.1 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties and in the manner provided for in Government Code Sections 65868, 65867, and 65867.5. The provisions of this Section do not impact the right of the City to terminate this Agreement because of Developer's breach or failure to comply in good faith with the requirements of this Agreement.

4.4.2 Review by City Council. Any amendment to this Agreement shall require review and approval by the City Council.

5. RIGHTS OF MORTGAGEES.

5.1 Mortgagee Protection. Neither entering into this Agreement nor committing a Default under this Agreement shall defeat, render invalid, diminish, affect the priority or impair the lien of Mortgagees having a Mortgage on any portion of the Property made in good faith and for value. No Mortgagee shall have an obligation or duty under this Agreement to perform Developer's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu of foreclosure, but upon acquiring the right to possession pursuant to a Mortgage on the Property or any portion thereof, the Mortgagee shall be subject to the terms and conditions of this Agreement. Notwithstanding the foregoing, Mortgagee shall have no obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion thereof; provided, however, that Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those improvements provided for or authorized by this Agreement. The term of this Agreement shall not be extended based on the fact that a Mortgagee held title to the Property for all or any part of the term of this Agreement.
66 5.2 Notice of Default to Mortgagee; Right to Cure.

5.2.1 If the City Clerk timely receives notice from a Mortgagee requesting a copy of any Notice of Default given to Developer under the terms of the Agreement, the City shall provide a copy of that notice to the Mortgagee concurrently with sending the Notice of Default to Developer. City shall have no liability for damages or otherwise to Developer, Developer's successor, or to any Mortgagee or successor therefor for failure to provide such notice.

5.2.2 The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from the City to cure or remedy, or to commence to cure or remedy, the Default unless a further extension of time to cure is granted in writing by the City. However, a Mortgagee, to avail itself of the rights provided by this Section, must notify the City in writing of its intent to attempt to remedy or cure within forty-five (45) days of the date of the Notice of Default from City to Mortgagee. A failure by a Mortgagee to provide such timely notice to City shall extinguish the rights and protections provided by this Section. If the Default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver, or otherwise, and shall thereafter remedy or cure the Default within ninety (90) days after obtaining possession. If the Default cannot, with diligence, be remedied or cured within this ninety (90) day period, then the Mortgagee shall have such additional time as the City Council determines is reasonably necessary to remedy or cure the Default, if the Mortgagee commences cure during the ninety (90) day period and thereafter diligently pursues and completes the cure.

5.2.3 Such diligence by the Mortgagee on effectuating such cure shall be reviewed by the City Council every thirty (30) days thereafter until any and all Defaults are cured. If at any such review, the City Council determines that the Mortgagee is not making good faith efforts to cure any and all Defaults, the City Council shall have the authority to terminate this Agreement.

5.3 Cure by Mortgagee . In the event any obligation of Developer is for the payment of money or fees, other than standard permit or processing fees, and a Default is declared by City based upon such failure to pay, a Mortgagee may be granted an extended time to remedy or cure until such time as Mortgagee obtains possession of the Property; provided, Mortgagee agrees that any money due City which remains unpaid shall bear the higher of the legal rate of interest or the Consumer Price Index as the measure of inflation.

5.4 Mortgagee Rights. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with the Developer and representatives of such lenders to negotiate in 67 good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Developer shall reimburse City for any and all of City's reasonable costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days or receipt of an invoice from City.

Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law or specified herein.

6. INDEMNITY, INSURANCE AND RELEASE

6.1 Participation in Litigation: Indemnity . The Developer shall indemnify, protect and defend the City and its elected boards, commissions, officers, agents and employees (each, an “Agent”) and will hold and save them and each of them harmless from any and all Claims or Litigation (including but not limited to reasonable attorneys’ fees and costs) against the City and/or Agent for any such Claims or Litigation and shall be responsible for any judgment arising therefrom. The City shall provide the Developer with notice of the pendency of such action and shall request that the Developer defend such action. The Developer may select legal counsel providing the Developer’s defense and it is expressly agreed that the City shall have the right to approve separate legal counsel providing the City’s defense. The Developer shall reimburse City for any reasonable attorneys’ fees, costs and expenses directly and necessarily incurred by the City in the course of the defense. Developer agrees that City will forward monthly invoices to Developer for attorneys’ fees, costs and expenses it has incurred related to its defense of any Claim or Litigation and Developer agrees to timely payment within thirty (30) days of receipt of the invoice. Developer 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 Developer in the defense of any Claim or Litigation.

The Developer’s obligation to pay the cost of the action, including judgment, shall extend until judgment. After judgment in a trial court, the Parties may mutually agree as to whether any appeal will be taken or defended. The Developer shall have the right, within the first 30 days of the service of the complaint or judgment in a trial court, in their sole and absolute discretion, to determine they do not want to defend any litigation, or appeal any judgment, attacking this Agreement or the Development Approvals in which case the City shall allow the Developer to settle the litigation on whatever terms the Developer determine, in their sole and absolute discretion, but Developer shall confer with City before acting and cannot bind City. In that event, the Developer shall be liable for any costs incurred by the City up to the date of settlement but shall have no further obligation to the City beyond the payment of those costs. In the event of an appeal, or a settlement offer, the Parties shall confer in good faith as to how to proceed. 68 6.2 Survival of Indemnity Obligations . All indemnity provisions set forth in this Agreement shall survive termination of this Agreement for any reason other than the City’s Default.

6.3 Insurance. Developer shall maintain insurance in the amounts and of the types that are acceptable to the City as required under the Cannabis Business License.

6.4 Release. Except for non-damage remedies, including the remedy of specific performance as provided for in Section 8.6 [Legal and Equitable Actions], Developer, for itself, its successors and assignees, hereby releases the City, its officers, agents, and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement. Developer further acknowledges that, as an instrument which must be approved by ordinance, a development agreement is subject to referendum; and that, under law, the City Council's discretion to avoid a referendum by rescinding its approval of the underlying ordinance may not be constrained by contract, and Developer waives all claims for damages against City in this regard.

7. PERIODIC REVIEW PROCEDURE

7.1 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.

7.2 Evidence for 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 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.
69 7.3 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 good-faith 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.

8. DEFAULT AND ENFORCEMENT

8.1 Default. Either party’s failure or unreasonable delay in performing any term, provision or covenant of this Agreement constitutes a Default of this Agreement.

In the event of a Default, the injured party shall give written “Notice of Default” to the defaulting party, specifying the Default. If the defaulting party fails to cure the Default within forty-five (45) business days after receipt of a Notice of Default, or, if the Default is of a nature that cannot be cured within forty-five (45) business days, the defaulting party fails to commence to cure the Default within said forty-five (45) business days and thereafter diligently prosecute such cure to completion, then the defaulting party shall be liable to the injured party for any and all damages caused by such Default, unless otherwise provided for by this Agreement.

8.2 Default by Developer. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions and failure to cure such default in accordance with Section 8.1 hereof:

8.2.1 If a warranty, representation, or statement made or furnished by Developer to City is false or proves to have been false in any material respect when it was made.

8.2.2 More than forty-five (45) days have passed since City's making of a written request to Developer for payment or reimbursement for a fee or service authorized or agreed to pursuant to this Agreement.

8.2.3 A finding and determination by City that upon the basis of information provided by Developer, and reviewed and investigated by City, the Developer has not complied in good faith with one or more of the material terms or conditions of this Agreement.

8.2.4 Developer failed to substantially comply with any material term, condition, or covenant of this Agreement, including failing to timely provide the evidence required under Section 7.2 of this Agreement.

8.3 Default by City. If City has failed to cure it’s Default after notice and an opportunity to cure as provided in Section 8.1. [Default], Developer may pursue any legal or equitable remedy available to it under this Agreement without further notice to City, except as may be required under the law for service of summons and other legal papers.

It is acknowledged by the parties that City would not have entered into this Agreement if City was to be subject to or liable for monetary damages under or with respect to this 70 Agreement or the application thereof. Developer, for himself or any successor thereto, expressly waives the right to seek monetary damages against the City or any officer, employee, or agent thereof, for any default or breach of this Agreement. Developer covenants and agrees not to sue for or claim any damages -- including monetary damages -- for any purported breach of this Agreement by City.

8.4 No Recovery for Monetary Damages . As part of the bargained for consideration for this Agreement, the Parties agree that any action or proceeding to cure, correct or remedy any Default or to enforce any covenant or promise herein shall be limited solely and exclusively to those remedies expressly provided herein. City and Developer may institute legal or equitable proceedings to cure, correct or remedy any Default, or to enforce any covenant or promise herein, enjoin any threatened or attempted violation, or enforce by specific performance, declaratory relief or writ of mandate the obligations and rights of the Parties hereto. In no event shall Developer or City, or any of their officers, agents, representatives, officials, employees or insurers, be liable to Developer or City for damages for any breach or violation of this Agreement.

The enforceability and validity of the above limitations on the remedies available to the Parties, including, without limitation, the specific provision prohibiting the recovery of damages, is part of the bargained for, negotiated consideration for the City’s agreement to enter into this Agreement, and it is acknowledged that the City would not have entered this Agreement if it were to be liable in damages under this Agreement. In the event Developer seek or accept damages in any action or proceeding brought for breach or violation of this Agreement or to enforce any provision hereof, such award shall destroy the consideration supporting the City’s agreement to enter into this Agreement, and shall, in turn, entitle the City to immediately impose whatever terms, conditions, ordinances, fees and/or exactions the City deems appropriate, and further shall entitle the City, at its option, to undertake to revoke any entitlements granted pursuant to this Agreement, irrespective of any provision to the contrary contained herein. Accordingly, the remedy of monetary damages is not available to any Party except as provided below.

For purposes of enforcement, stated positively, the Parties shall have the equitable remedies of specific performance, injunctive and declaratory relief, or a mandate or other action determining that the City has exceed its authority, and similar remedies, other than recovery of monetary damages, to enforce their rights under this Agreement. The Parties shall have the right to recover their attorney fees and costs in such action.

In the event the Developer fails to perform any monetary obligation under this Agreement, City may sue for the payment of such sums to the extent due and payable.

The Developer shall pay interest thereon at the lesser of: (i) five percent (5%) per annum, or (ii) the maximum rate permitted by law, from and after the due date of the monetary obligation until payment is actually received by the City.

8.5 Waiver. Failure or delay in giving Notice of Default, or failing to commence a legal or equitable action as a result of the Default, shall not waive a Party's right to give future Notice of the same or any other Default.
71 8.6 Legal and Equitable Actions . In addition to any other rights and remedies, any party may institute a legal action to require the cure of any Default and to recover damages (except as otherwise provided herein) for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. The following provisions shall apply to any such legal action:

8.6.1 Jurisdiction and Venue. Legal actions must be instituted and maintained in the Superior Court of the County of Riverside, Central Division, State of California, or in the United States District Court for the Central District of California.

Developer specifically waives any rights provided to it pursuant to California Code of Civil Procedure § 394 or federal or state statutes or judicial decisions of like effect.

8.6.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

8.6.3 Litigation Expenses. In the event either party commences an Action against the other party which arises out of a Default of, breach of, failure to perform this Agreement or otherwise related to this Agreement, then the Prevailing Party in the Action shall be entitled to recover its Litigation Expenses from the other party in addition to whatever relief to which the prevailing party may be entitled. For the purposes of this Section, the term “Prevailing Party,” shall have the meaning ascribed in Code of Civil Procedure §1032(a)(4).

8.6.4 Specific Performance Remedy. The City and Developer agree that damages would not be an adequate remedy if the City fails to carry out its obligations under this Agreement. Therefore, no money damages are available against City, or any officer, employee, or agent thereof. Specific performance of this Agreement is necessary to compensate Developer if the City fails to carry out its obligations under this Agreement.

8.7 Remedies are Cumulative . The rights and remedies of the Parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same Default or any other Default by another Party.

8.8 Termination. This Agreement shall terminate upon the occurrence of any of the following:

8.8.1 Expiration of the term stated in section 2.2;

8.8.2 Mutual written consent of the parties;

8.8.3 Conditional Use Permit No. 24-0035 expires pursuant to Wildomar Municipal Code Section 17.200.060, or is revoked pursuant to Wildomar Municipal Code Section 17.200.070;

8.8.4 Developer’s Cannabis Business License or State License is revoked, or Developer fails to timely renew its Cannabis Business License or State License and Developer is without either license for a period of at least thirty (30) consecutive days; 72 8.8.5 Entry of a final judgment by a court of competent jurisdiction setting aside, voiding or annulling the adoption of the ordinance approving this Agreement;

8.8.6 The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement;

8.8.7 Developer no longer has a legal or equitable interest in the Property or has ceased operating the Project on the Property, for a period of at least thirty (30) consecutive days;

8.8.8 Developer (or any successor in interest) assigns or attempts to assign the Agreement or any rights therein in violation of this Agreement and fails to cure such default within the time set forth in Section 8.1 [Default] hereof;

8.8.9 Developer is otherwise in material Default of this Agreement and fails to cure such Default within the time set forth in Section 8.1 [Default] hereof.

8.9 Revocation of CUP. The execution and recordation of this Agreement is a condition of approval of Conditional Use Permit No. 24-0035 pursuant to Section

17.315.080(A)(7) of the Wildomar Municipal Code. Developer understands and agrees that termination of this Agreement pursuant to Section 8.8 constitutes good cause for the City to revoke Conditional Use Permit No. 24-0035.

9. GENERAL PROVISIONS

9.1 Waiver of Challenges . In exchange for the vested right to develop pursuant to this Agreement, Developer expressly waives for himself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to any entitlement which is a part of the Existing Development Approvals.

9.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

9.3 Assignment. The rights and obligations of Developer hereunder shall not be assigned or transferred, except that on thirty (30) days written notice to City, Developer may assign all or a portion of Developer’s rights and obligations there under to any person or persons, partnership or corporation who purchases all or a portion of Developer’s right, title and interest in the Property, or Project, provided such assignee or grantee assumes in writing each and every obligation of Developer hereunder yet to be performed, and further provided that Developer obtains the written consent of City to the assignment, which consent shall not be unreasonably withheld. No assignment shall be consented to by City until the assignee has obtained a Cannabis Business License from the City for the Project. Notwithstanding the foregoing provision concerning the written consent of City, and provided that the assignment is to an affiliate of Developer (an entity which is controlled by, controls, or is under common control with, Developer), the City shall in such cases provide its written consent provided that all other requirements of this section are satisfied. The notice to City shall include the identity of any such assignee 73 and a copy of the written assumption of the assignor’s obligations hereunder pertaining to the portion assigned or transferred. After such notice and the receipt of such consent, the assignor shall have no further obligations or liabilities hereunder. The City Manager may act on behalf of City regarding any actions concerning the assignment of this Agreement.

9.4 Enforced Delays; Extension of Times. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: litigation challenging the validity of this transaction or any element thereof or the right of either party to engage in the acts and transactions contemplated by this Agreement; inability to secure necessary labor materials or tools; delays of any contractor, sub-contractor or supplier; or withdrawal of financing not caused by any act or omission of Developer; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental agency or entity (other than the acts or failures to act of the City which shall not excuse performance by the City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period or the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within forty-five (45) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City and Developer.

9.5 Binding Effect of Agreement. The burdens of this Agreement bind, and the benefits of the Agreement inure to the successors-in-interest to the parties to it in accordance with the provisions of and subject to the limitations of this Agreement.

9.6 Project as a Private Undertaking/Relationship of Parties . It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.

9.7 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by registered mail, postage prepaid to the person and address provided below. Delivery shall be presumed delivered upon actual receipt by personal delivery or within three (3) days following deposit thereof in United States Mail or within two (2) days of delivery by facsimile, provided that if notice is by facsimile, then a copy of the notice shall also be contemporaneously sent by regular mail, postage prepaid to the person and address provided below. 74 Notice required to be given to City shall be addressed as follows:

To City: City of Wildomar
Attn: Daniel A. York, City Manager
23873 Clinton Keith Road, Suite #110
Wildomar, CA 92595
Facsimile: (951) 698-1463
With a copy to: City Attorney
Attn: Thomas D. Jex
1770 Iowa Ave., Suite 240
Riverside, CA 92507
Facsimile: (951) 788-5785
Notices required to be given to Developer shall be addressed as follows:

To Developer: Saad Pattah, Developer
Catt Road, LLC
553 West 9th Street
Escondido, CA 92025
A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

9.8 Further Actions and Instruments . Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. In the event Developer or Developer's successor requires supplemental or additional agreements for purposes of securing financing or similar purposes, City will endeavor to assist in this respect, provided, however, Developer or Developer's successor shall reimburse the City for any and all costs associated with processing, reviewing, negotiating, or acting on such agreements.

Developer or Developer's successor agrees to reimburse City within thirty (30) days of written demand therefor.

9.9 No Third Party Beneficiaries . This Agreement is for the sole and exclusive benefit of the City and Developer. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of any of the parties’ obligations under this Agreement.

9.10 Entire Agreement. This Agreement and the attachments hereto contain the complete, final, entire, and exclusive expression of the agreement between the parties hereto, and are intended by the parties to completely state the agreement in full.

Any agreement or representation respecting the matters dealt with herein or the duties 75 of any party in relation thereto not expressly set forth in this Agreement shall be null and void.

9.11 Recitals and Definitions . The Recitals and Definitions set forth at the beginning of this Agreement are a substantive and integral part of this Agreement and are incorporated by reference in the Operative Provisions portion of this Agreement.

9.12 Integration. This Agreement 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 subject matter hereof.

9.13 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms. References to section numbers are to Sections of this Agreement unless expressly stated otherwise.

9.14 Interpretation. City and Developer acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction that provides that the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties hereto.

9.15 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens) and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Government Code § 6700 and § 6701. If any act is to be done by a particular time during a day, that time shall be Pacific Standard Zone time

9.16 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full force and effect.

9.17 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and the Developer. Clarifications to this Agreement and the Existing Land Use Regulations may be appropriate with respect to the details of performance of the City and the Developer. To the extent allowable by law, the Developer shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement, except for 76 those which relate to the (i) term; (ii) permitted uses; or (iii) density or intensity of use.

When and if the Developer finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions not enumerated in (i) through (iii) above, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the “Operating Memoranda”) approved by the Parties in writing which reference this Section 9.17. Operating Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications; therefore public notices and hearings shall not be required. The City Manager shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment to this Agreement which requires compliance with the provisions of Section 9.18 below.

9.18 Amendments to Agreement. Each Party agrees to consider reasonable requests for amendments to this Agreement which may be made by the other Party, lending institutions, bond counsel or financial consultants. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of City and Developer. On behalf of City, the City Manager shall have the authority to make minor amendments to this Agreement, including, but not limited to, the granting of extensions of time to Developer, on behalf of City so long as such actions do not materially change the Agreement or make a commitment of additional funds of City. All other changes, modifications, and amendments shall require the prior approval of City Council.

9.19 Exhibits. The following exhibits are attached to and incorporated into this Agreement:

Exhibit A – PROPERTY LEGAL DESCRIPTION
Exhibit B – SITE DIAGRAM
Exhibit C – PROPERTY OWNER CONSENT

9.20 Authority to Execute . Each party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder.

9.21 Counterparts. This Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeking enforcement thereof.
77 IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the parties hereto.

CITY:

CITY OF WILDOMAR
By: ___________________________
Daniel A, York
City Manager
ATTEST:

By: ________________________
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM:

By: ________________________
Thomas D. Jex
City Attorney
78 DEVELOPER:

CATT ROAD, LLC, A LIMITED LIABILITY

COMPANY
By:

Saad Pattah, Owner
[NOTARY ACKNOWLEDGEMENT REQUIRED]

ACKNOWLEDGEMENT
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, _______________________________a Notary Public, personally appeared ____________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
79 EXHIBIT A

LEGAL DESCRIPTION
The Property being known as Adjusted Parcel C as set forth in that certain NOTICE OF LOT LINE ADJUSTMENT NO. 2022-008 recorded in the Official Records of Riverside County on September 21, 2023, as Doc # 2023-0279578, comprised of approximately 28,899 square feet of land and is a portion of the Development located on the land described below:

PARCEL C
PARCEL "C" AS SHOWN ON LOT LINE ADJUSTMENT NO. 2022-008 RECORDED SEPTEMBER 21, 2023 AS INSTRUMENT NO. 2023-0279578, OF OFFICIAL RECORDS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS:

BEING A PORTION OF PARCEL 1 AND 2 OF AMENDED PARCEL MAP 22776 AS SHOWN BY MAP ON FILE IN BOOK 158 OF PARCEL MAPS AT PAGES 37 THROUGH 41 INCLUSIVE THEREOF, LYING IN SECTION 1, TOWNSHIP 7 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, AND A PORTION OF THE WEST HALF OF ARYA DRIVE AS VACATED BY RESOLUTION 95-040 RECORDED MAY 02, 1995 AS INSTRUMENT NO. 137832 OF OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF PARCEL 3 OF SAID AMENDED PARCEL MAP 22776, SAID CORNER ALSO BEING A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF CATT ROAD (30 FOOT HALF-WIDTH); THENCE SOUTH 88°49'17" EAST, 122.90 FEET TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE, SOUTH 01°20'22" EAST, 45.65 FEET;
THENCE SOUTH 33°23'59" EAST, 59.92 FEET; THENCE SOUTH 56°36'01" WEST, 30.91 FEET; THENCE SOUTH 33°21'32" EAST, 176.83 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL 21667-1 AS DESCRIBED BY FINAL ORDER OF CONDEMNATION RECORDED AUGUST 22, 2013, AS INSTRUMENT NO. 2013-0413823 AND RECORDED AUGUST 27, 2013 AS INSTRUMENT NO. 2013-0419813, BOTH OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE, NORTH 56°42'57" EAST, 58.77 FEET TO A POINT ON THE NORTHWESTERLY LINE OF PARCEL 0264-005D AS DESCRIBED IN DEED RECORDED ON JUNE 13, 2013 AS INSTRUMENT NO. 2013-0282059 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE, NORTH 56°42'57" EAST, 25.51 FEET; THENCE SOUTH 86°40'33" EAST, 35.93 FEET 10 TO A POINT AT THE CENTERLINE OF ARYA DRIVE AS VACATED BY RESOLUTION 95-040, RECORDED MAY 2, 1995 AS INSTRUMENT NO. 137832, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
THENCE ALONG SAID CENTERLINE OF ARYA DRIVE, NORTH 36°05'11" WEST 76.17 FEET TO

THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY, AND HAVING A RADIUS OF 250.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 34°54'28", AN ARC DISTANCE OF 152.31 FEET; THENCE NORTH 01°10'43" WEST, 14.99 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT SOUTH 30,00 FEET, MEASURED AT RIGHT ANGLES, FROM THE CENTERLINE OF SAID CATT ROAD; THENCE ALONG SAID PARALLEL LINE, SOUTH 88°49'17" WEST, 118.75 FEET TO THE TRUE POINT OF BEGINNING.
80 EXHIBIT B

SITE DIAGRAM
(23825 CATT ROAD, WILDOMAR, CA 92595 (APN: 380-240-001)) Proposed Building Space
81 EXHIBIT C

PROPERTY OWNER CONSENT
“CCG Catt, LLC” being the owner of the real property described in Exhibit A to this Development Agreement by and between the City of Wildomar and Catt Road, LLC, a Limited Liability Company, dated for identification as of December 11, 2024 (the “Agreement”), do hereby consent to the recordation of said Agreement in the Official Records of the County of Riverside.

CCG Catt, LLC
Mark Cooper, Managing Director
Date: _________________ __________________________
Owners Signature
[NOTARY ACKNOWLEDGEMENT REQUIRED]

ACKNOWLEDGEMENT
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, _______________________________a Notary Public, personally appeared ____________________________________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
________________________________
Signature of Notary
(Affix seal here)
82 CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.5

Meeting Date: December 11, 2024
SUBJECT:
2nd Reading of Ordinance amending Chapters 3.24, 2.08, and

3.28 of the Wildomar Municipal Code Related to Purchasing of Supplies and Equipment and Contracts for Professional
Services
SUBMITTED BY:

Heidi Schrader, Administrative Services Director
PREPARED BY:

Heidi Schrader, Administrative Services Director

ACTION:

Adopt an Ordinance entitled:

ORDINANCE NO. 244

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTIONS 3.24, 2.08, AND 3.28 TO THE MUNICIPAL CODE OF THE CITY OF

WILDOMAR TO PROVIDE UPDATED GUIDANCE ON THE PURCHASE OF SUPPLIES AND

EQUIPMENT AND CONTRACTING FOR PROFESSIONAL SERVICES
SUMMARY:

This Ordinance amends the Wildomar Municipal Code to update the Purchasing Policy related to the purchase of supplies and equipment as well as contracts for services. It resets purchasing limits, increasing them to account for the reduction in purchasing power since 2009, when the policy was last updated. The ordinance increases the local vendor preference from 1% to 2% to reflect the benefits of Measure AA in providing tax savings to the City. The recycled paper requirements and compost requirements have also been updated to meet the requirements of CalRecycle. Finally, the ordinance allows the City Council to delegate the authority to approve some contracts to the City Manager dependent on an annually approved Resolution. The first resolution will be brought forward at the January City Council meeting.

DISCUSSION:

The City Council approved the first reading of Ordinance No. 244 at the November 13, 2024 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 244.

FISCAL IMPACT:

None

ATTACHMENTS:

Ordinance_No._244_-_Purchasing.docx
83 ORDINANCE NO. 244

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING SECTIONS 3.24, 2.08, AND 3.28 TO THE

MUNICIPAL CODE OF THE CITY OF WILDOMAR TO PROVIDE

UPDATED GUIDANCE ON THE PURCHASE OF SUPPLIES AND

EQUIPMENT AND CONTRACTING FOR PROFESSIONAL SERVICES
WHEREAS, the City of Wildomar has a compelling interest in ensuring equity and transparency through continuity and uniformity of its purchasing practices; and WHEREAS, the purchase thresholds within the Purchasing Code were last amended in 2009; and
WHEREAS, average purchasing power has decreased by 46% since 2009, leading to increased costs of goods and services, making the current purchasing thresholds outdated, and leading to excessively time intensive purchasing procedures; and WHEREAS, modern purchasing code provides departments with the guidelines needed to assist them in maintaining purchasing practices within legal regulations; and WHEREAS, the current process for contract approval, last amended in 2013, is overly bureaucratic and time-intensive, delaying City operations; and WHEREAS, the City of Wildomar desires to amend the current purchasing code to streamline processes, reduce bureaucracy, and maintain a fair and robust purchasing program.

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. RECITALS
The above recitals are true and correct and are hereby incorporated herein by this reference.

SECTION 2. AMENDMENT OF SECTION 3.24.010 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.010 [Definitions] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.010 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
84 "Agency" and "using agency" means any department, agency, commission, bureau or other unit of the City government, which derives its support wholly or in part from the City of Wildomar.
"Bidder's security." Where deemed necessary by the Administrative Services Director, formal bids may be accompanied by a bond, cashier's check or cash in an amount of not less than 10% of total amount bid.
"Bidders' file" means a current file of sources of supply of articles for each category of commodities repetitively purchased for City use.
"City Manager" shall mean the City's City Manager and their designee. "Administrative Services Director" shall mean the City's Administrative Services Director and their designee.
"Public projects" shall have the same definition as set forth in Section 22002 of the Public Contract Code.
"Purchases." Purchases of supplies and equipment shall include leases or rentals as well as transactions by which the City acquires ownership.
"Responsible bid" means an offer, submitted by a responsible bidder, to furnish supplies and equipment or services in conformity with the specifications, delivery terms and conditions and other requirements included in the notice inviting bids. "Responsible bidder" means a bidder who submits a responsible bid and who is not only financially responsible, but is possessed of the resources, judgment, skill, ability, capacity and integrity requisite and necessary to perform the contract according to its terms. A determination as to whether or not a bidder is a responsible bidder shall include an evaluation of relevant factors, including, but not limited to, the following factors:

1. The ability, capacity and skill of the bidder to perform the contract or provide the maintenance and service required;

2. Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

4. The bidder's record of performance of previous contracts or of provision of maintenance and service thereunder;

5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or of the furnishing of maintenance and service thereunder; 85 6. The sufficiency of the financial resources and ability of the bidder to perform the contract;

7. The quality, availability and adaptability of the supplies and equipment to the particular use required;

8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

9. The number and scope of exceptions and conditions attached to the bid;

10. Whether the bidder has a previous or existing relationship with an officer or employee of the City that may create a conflict of interest on behalf of the officer or employee if a contract is awarded to the bidder.
"Supplies" and "equipment" mean any and all articles, things or personal property furnished to or used by any agency.”
SECTION 3. AMENDMENT OF SECTION 3.24.030 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.030 [Centralized purchasing.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.030 Centralized purchasing.

There is hereby created a centralized purchasing and stores division within the Administrative Services Department, in which is vested authority for the purchase of supplies and equipment.”
SECTION 4. AMENDMENT OF SECTION 3.24.040 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.040 [Director of Finance to serve as general purchasing agent.] of Chapter

3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.040 Administrative Services Director to serve as general purchasing agent.

The Administrative Services Director shall be the head and have general supervision of the Purchasing Division. The Administrative Services Director or their designee, serving as the Purchasing Agent shall have the authority to:

A. Purchase or contract for supplies and equipment required by any using City department in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the Administrative Services Director shall adopt for the internal management and operation of the Purchasing Division and such 86 other rules and regulations as shall be prescribed by the City Council or the City Manager.

B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment.

C. Act to procure for the City the needed quality in supplies and equipment at least expense to the City.

D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases.

E. Prepare and recommend to the City Council rules governing the purchase of supplies and equipment for the City.

F. Prepare and recommend to the City Council revisions and amendments to the purchasing rules.

G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products.

H. Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations.

I. Supervise the inspection of all supplies and equipment purchased to insure conformance with specifications.

J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed, and the sale or disposition of supplies and equipment which cannot be used by any department or which have become unsuitable for City use.

K. Maintain an approved vendors list, vendors' catalog file and records needed for the efficient operation of the Purchasing Division.”
SECTION 5. AMENDMENT OF SECTION 3.24.050 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.050 [Exemptions from centralized purchasing.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
87 “3.24.050 Exemptions from centralized purchasing.

The City Manager or Administrative Services Director may authorize any City department head to contract for the purchase of supplies and equipment provided that such purchases shall be made in conformity with the procedures established by this chapter, and any administrative regulations as the Administrative Services Director shall adopt for the internal management and operation of the Purchasing Division and such other rules and regulations as shall be prescribed by the City Council or the City Manager.” SECTION 6. AMENDMENT OF SECTION 3.24.060 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.060 [Encumbrance of funds.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.060 Encumbrance of funds.

Except in cases of emergency or in cases where specific authority has been first obtained from the City Council, no purchase order for supplies or equipment shall be issued unless the Administrative Services Director or his/her designee has certified that there exists an unencumbered appropriation in the fund account (or available budget balance) against which the purchase is to be charged.”
SECTION 7. AMENDMENT OF SECTION 3.24.070 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.070 [Emergency purchases.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.070 Emergency purchases.

While the need for occasional emergency purchases is recognized, the practice must be curtailed as much as possible by anticipating needs so that the normal purchasing procedure utilizing bidding may be used.

A. An emergency shall be deemed to exist if:

1. There is a great public calamity.

2. There is immediate need to prepare for national or local defense.

3. There is a breakdown in machinery or an essential service which requires the immediate purchase of supplies and equipment to protect the public health, welfare or safety.

4. An essential departmental operation affecting the public health, welfare or safety 88 would be greatly hampered if the prescribed purchasing procedure would cause an undue delay in procurement of the needed item.

B. In case of an emergency which requires immediate purchase of supplies and equipment, the City Manager may authorize the Administrative Services Director or his/her designee to secure by the process set forth in Section 3.24.090 any supplies and equipment regardless of the amount of the expenditure.” SECTION 8. AMENDMENT OF SECTION 3.24.080 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.080 [Purchasing methods.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.080 Purchasing methods.

A. The table in this section sets forth the required methods for purchasing supplies and equipment. (Contracting for consultants and professional services is addressed in Chapter 3.28.)
Value of
Purchase
Purchase Method Agreement Format
Under $10,000 None None. Purchase Order required for $5,000 and above.
$10,000 - $29,999 3 verbal
quotations1
Purchase order approved by the
Administrative Services Director or contract
signed by City Manager for supplies or
equipment.1
$30,000 - $75,000 3 written
quotations1
Purchase order approved by Administrative
Services Director and City Manager or
contract signed by City Manager for supplies
or equipment.1
Over $75,000 Notice inviting
sealed bids2
City Council approved bid
1 See Section 3.24.090
2 See Section 3.24.110
B. Notwithstanding the table in subsection A of this section, the purchase method for the purchase of supplies or equipment may be dispensed with under the following circumstances:

1. An emergency, as described in Section 3.24.070, requires that an order be placed immediately to protect the public health, safety or welfare; or

2. The supply or equipment can only be obtained from one source ("sole source") 89 – sole source justification form is required - ; or

3. The supply or equipment is available through or in conjunction with another public agency's purchase of such supply or equipment and the other public entity has gone through a bidding process which the City Manager determines is comparable to the processes described above ("piggybacking").

C. The agreement format required by the table in subsection A of this section shall be required for any purchase pursuant to subsection B of this section.

D. In its discretion, the City Council may at any time, by a majority vote and without amending this chapter, waive the purchasing procedures or alter these proceedings to fit a specific purchase.”
SECTION 9. AMENDMENT OF SECTION 3.24.090 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.090 [Verbal and written quotations.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.090 Verbal and written quotations.

A. Minimum Number of Bids. Wherever possible, purchases utilizing verbal and written quotations shall be based on at least three bids and shall be awarded to the bidder offering the most advantageous bid to the City after consideration of price, quantity, durability, servicing, delivery time, standardization, and other factors.

B. Solicitation of Bids. Quotations shall be obtained as follows:

1. By telephone provided the amount of the purchase is $10,000.00 or more but less than $30,000.00; and

2. In writing provided the amount of the purchase is $30,000.00 or more, but not more than $75,000.00.

C. Written Bids. All bids received pursuant to this section shall be submitted to the Purchasing Agent who shall keep a record of all open market orders and bids for a period of one year after the submission of bids or the placing of orders. This record, while so kept, shall be open to public inspection.”
SECTION 10. AMENDMENT OF SECTION 3.24.100 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.100 [Bidding preference for local businesses.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
90 “3.24.100 Bidding preference for local businesses.

For the purpose of determining the lowest responsible bidder as required by Sections

3.24.110 and 3.24.090, two percent of that portion of any bid subject to sales or use tax shall be deducted from such bid where it is determined that if such bid were accepted by the City as the lowest responsible bid received, the City would receive a refund of the two percent sales and use tax imposed by Chapter 3.20 (Sales and Use Tax) of this Code.

For purposes of this section, a “local business” shall be defined as any individual, partnership or corporation which regularly maintains a place of business within the limits of the city, and which maintains the necessary business registration, and which has paid all applicable fees and taxes imposed by the City.”
SECTION 11. AMENDMENT OF SECTION 3.24.110 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.110 [Sealed bid procedure for purchases greater than $50,000.00.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.110 Sealed bid procedure for purchases greater than $75,000.00.

Purchases of supplies and equipment of an estimated value greater than $75,000.00 shall be by written contract pursuant to the procedure hereinafter prescribed.

A. Notice Inviting Bids or Requests for Proposals. Notices inviting formal bids or Requests for Proposals for the purchase of supplies or equipment shall include a general description of the articles to be purchased, shall state where bid forms and specifications or requests for proposals may be obtained, and the time and place for the opening of bids or proposals. This can be either through written notice or via the City’s electronic bids management system.

1. Published Notice for formal bids or Requests for Proposals. Notices inviting formal bids or requests for proposals shall be published one time at least 10 days before the date of opening of the bids or proposals, in a newspaper of general circulation within the City. The City Manager may waive the publication requirements of this section if they find that requirements for publication would not likely increase the number or quality of bidders or proposers beyond those on the approved vendor list.

2. Approved Vendors List. The Administrative Services Director or his/her designee shall also solicit sealed bids from all responsible prospective suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto, or who have registered in the City’s electronic bids management system.

B. Bidder's Security. Where deemed necessary by the Administrative Services Director or their designee, formal bids may be accompanied by security, either cash, cashier’s 91 check, certified check, or surety bond, in a sum equal to ten percent of the total aggregate of the bid and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit their bid security upon their refusal or failure to execute the contract within 10 days after the preparation and mailing of the contract, unless in the latter event the City is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. In such event, if the City Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid, and the surplus less any City expenses related to the lowest bidder, if any, shall be returned to the lowest bidder
C. Bid Opening Procedure. Sealed bids shall be submitted to the City and shall be identified as "BID" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. Once opened, the bids shall be public records.

In the event that the City utilizes an electronic bids management system, bids shall be submitted and opened in accordance with the instructions set forth in the notice inviting bids and related bid materials.

Notwithstanding the foregoing, any bid deemed nonresponsive at the time of bid opening shall not be kept by the City and shall be returned to the bidder once deemed nonresponsive. Grounds for determining a bid is nonresponsive include, but are not limited to, failure to provide the required bid bond and failure to attend any mandatory walk through or pre-bid meeting.

D. Rejection of Bids. In its discretion, the City Council may reject any and all bids presented and readvertise for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the City Manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed in this chapter.

E. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or re-advertising for bids, the City Council in its discretion may accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.

F. No Bids. When no formal bids or no responsive bids are received, the Administrative Services Director or their designee is authorized to negotiate for written proposals, and their recommendation shall be presented to the City Manager and the award, if any, shall be made in accordance with applicable provisions prescribed in this chapter.
92 G. Performance Bonds. The City Manager shall have the authority to require a performance bond or other bonds in an amount reasonably necessary to protect the best interests of the City before entering a contract in such amounts as they shall find reasonably necessary to protect the best interests of the City. If the City Manager requires such bond or bonds, the form and amount of same shall be described in the notice inviting bids.”
SECTION 12. AMENDMENT OF SECTION 3.24.120 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.120 [Surplus supplies and equipment.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.120 Surplus supplies and equipment.

All using agencies shall submit to the Administrative Services Director, at such times and in such forms as they shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Administrative Services Director shall have authority to sell, exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have become unsuitable for City use. These options include the following:

A. Sale. For City property deemed suitable for sale, Administrative Services Director or their designee may offer the City property for sale via the approved methods:

1. Public Auction. Surplus property may be sold at public auction. Online auctions are an acceptable auction method. City may contract with a professional auctioneer, at its discretion.

2. Sealed Bids. Sealed bids may be solicited for the sale of surplus property.

Surplus property disposed of in this manner shall be sold to the highest responsible bidder.

3. Selling for Scrap. Surplus property may be sold as scrap if it is deemed that the value of the raw materials exceeds the value of the property as a whole.

4. Negotiated Sale. Surplus property may be sold outright if it is determined that only one known buyer is available or interested in acquiring the property. The advertisement for the sale must be published in a newspaper for at least two weeks prior to the negotiated sale to ensure no other interested buyers are available.

5. A receipt or other proof of disposal from the outright sale, the contracted auctioneer, licensed scrap dealer, individual buyer, etc. is required and is to 93 be forwarded to the Administrative Services Department. The City will return proceeds to the appropriate revenue fund.

6. All surplus property is for sale “as is” and “where is”, with no warranty, guarantee, or representation of any kind, express or implied, as to the condition, utility or usability of the property offered for sale.

B. Trade-in. Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property.

C. Donation. With the approval of the Administrative Services Director or their designee, the City may donate usable items with a minimal fair market value (such as outdated computer equipment and furniture) to a registered charitable organization or community organization. Surplus property may also be donated to any other public agency or charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code. “Public Agency” means the State of California or any agency or subdivision thereof, including any City, County, Special District, or School District. A letter from the public agency or organization, acknowledging receipt of the asset(s) is required.

D. Return to Manufacturer. Surplus property may, when possible, be returned to the manufacturer for buy-back or credit toward the purchase of new property.

Documentation related to such a transaction shall be forwarded to the Administrative Services Department.

E. Disposal. When the cost of locating a buyer exceeds the estimated sales price of surplus property, the property may be recycled, destroyed, or disposed of as junk”.

SECTION 13. AMENDMENT OF SECTION 3.24.130 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.24.130 [Recovered organic material product procurement and recycled-content paper procurement.] of Chapter 3.24 [Purchasing of Supplies and Equipment] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.24.130 Recovered organic material product procurement and recycled-content paper procurement.

All City departments, and direct service providers to the jurisdiction, as applicable, must comply with the City's Recovered Organic Material Produce and Recycled-Content Paper Procurement Policy, as amended.

A. Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall:
94 1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste for landscaping maintenance, renovation, or construction as practicable whenever available and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)1 through 3. Compost and SB 1383 Eligible Mulch are as defined below:
i) Compost: means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility or as otherwise defined in 14 CCR Section 17896.2(a)(4).

Compost eligible for meeting the Annual Recovered Organic Waste Product Procurement Target must be produced at a compostable material handling operation or facility permitted or authorized under 14 CCR Chapter 3.1 of Division 7 or produced at a large volume in-vessel digestion facility that composts on-site as defined and permitted under 14 CCR Chapter 3.2 of Division 7. Compost shall meet the State’s composting operations regulatory requirements.
ii) SB 1383 Eligible Mulch: means mulch eligible to meet the Annual Recovered Organic Waste Product Procurement Target, pursuant to 14 CCR Chapter 12 of Division 7. This SB 1383 Eligible Mulch shall meet the following conditions for the duration of the applicable procurement compliance year, as specified by 14 CCR Section 18993 1(f)(4):
 Produced at one of the following facilities:
(a) A combustible material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CR Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)10:
(b) A transfer/processing facility or transfer/processing operation as defined in 14 CCR Sections 17402(a)(30) and (31), respectively that is permitted or authorized under 14 CCR Division 7; or
(c) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under 27 CCR Division 2.
 Meet or exceed the physical contamination, maximum metal concentration and pathogen density standards for land application specified in 14 CCR Sections 17852(a)(24.5)(A)1 through 3 as enforced by this municipal code chapter.
95 B. All vendors providing paper products and printing and writing paper shall:

1. If fitness and quality are equal, provide recycled-content paper products and recycled-content printing and writing paper that consists of at least 30%, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled paper products and printing and writing paper are available at the same or lesser total cost than non-recycled items or at a total cost of no more than one percent of the total cost for non-recycled items.

2. Provide paper products and printing and writing paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.

3. Other paper products shall consist of at least 30 percent, by fiber weight of postconsumer recycled content fiber, except as specified below:
 Toilet paper shall consist of at least 45 percent, by fiber weight, postconsumer recycled content fiber.
 Paper towels shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.
 Facial tissue shall consist of at least 10 percent, by fiber weight, postconsumer recycled content fiber.
 Toilet seat covers shall consist of at least 20 percent, by fiber weight, postconsumer recycled content fiber.
 General purpose paper wipers shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.
 Food serviceware, including but not limited to, napkins, plates, bowls, food trays, takeout boxes, placemats, etc. shall consist of at least 40 percent, by fiber weight, postconsumer recycled content fiber.

4. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the paper products and printing and writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

5. Certify in writing, on invoices or receipts provided, that the paper products and 96 printing and writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).

6. Provide records to the City's recordkeeping designee, of all paper products and printing and writing paper purchases (both recycled-content and non-recycled content, if any is purchased). Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in this section, quantity purchased, date purchased, and recycled content (including products that contain none), and if non-recycled content paper products or printing and writing papers are provided, include a description of why recycled-content paper products or printing and writing papers were not provided.”
SECTION 14. AMENDMENT OF SECTION 2.08.060 OF THE WILDOMAR

MUNICIPAL CODE
Section 2.08.060 [Powers and duties.] of Chapter 2.08 [City Manager] of Title 2 [Administration and Personnel] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“2.08.060 Powers and duties.

The City Manager shall be the administrative head of the City government and is under the direction and control of the City Council, except as otherwise provided in this chapter.

The City Manager shall be responsible for the efficient administration of all affairs of the City which are under his or her control. In addition to the general powers as administrative head of the City government, and not as a limitation thereon, the City Manager shall be expected to, and shall have the power to:

A. Enforce all laws and ordinances of the City and to see that all franchises, contracts, permits, and privileges granted by the City Council are faithfully observed; B. Appoint, remove, promote, and demote any and all officers and employees of the City, including the City Clerk and City Treasurer, but not including elected officers and the City Attorney, subject to all applicable personnel rules and regulations which may be adopted by the City Council;
C. Control, order, and give directions to all department heads who are subject to his or her appointment and removal authority and to subordinate officers and employees of the City under his or her jurisdiction through their department heads; D. Conduct studies and effect such organization and reorganization of offices, positions, or units under his or her direction as may be indicated in the interest of efficient, effective, and economical conduct of the City's business; E. Recommend to the City Council for adoption such measures and ordinances as he 97 or she deems necessary;
F. Attend all meetings of the City Council unless excused by the Mayor individually or the City Council as a whole, except when his or her evaluation or removal is under consideration;
G. Prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval;
H. Keep the City Council at all times fully advised as to the financial condition and needs of the City;
I. Make investigations into the affairs of the City, any City department or division, and any contract or other obligation of the City; and further to investigate all complaints in concerning the administration of the City government and concerning the service maintained by public utilities in the City;
J. Exercise general supervision over all public buildings, public parks, and all other public properties which are under the control and jurisdiction of the City; K. Sign contracts and other documents as specified in California Government Code section 40602 on the City’s behalf when directed and authorized to do so by the City Council by resolution, ordinance, minute order or any provision of this code.

L. Perform such other responsibilities and exercise such other powers as may be delegated to the City Manager from time to time by ordinance or resolution or other official action of the City Council.”
SECTION 15. AMENDMENT OF SECTION 3.28.020 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.28.020 [Contracts of $50,000.00 or less.] of Chapter 3.28 [Contracts for Services] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.28.020 Contracts for Professional or Other Services Bid Process.

All contracts for professional or other services, will adhere to the following bid process:

A. The City Manager, or designee, shall be empowered to contract for professional or other services without the necessity of competitive bid, without notice of competitive bid, and without City Council approval of the contract if the total fee for services and materials under the contract is $75,000.00 or less. If the total fee for services and materials under the contract is equal to or more than $30,000.00 and less than $75,000.00, then three written quotations are required. If the total fee for services and materials under the contract is $10,000.00 or more, and $29,999.00 or less, then three verbal quotations are required. There are no requirements for quotations under 98 $10,000.00. The total fee must include all reasonably foreseeable costs and work under the proposed contract. The proposed contract must include any reasonably related work on the same project, and larger contracts shall not be divided into smaller contracts, divided among multiple contractors, or divided by any other method intended to avoid competitive bidding.

B. A contract for professional or other services valued over $75,000.00 must be entered into by use of competitive sealed proposals. Proposals for the contract shall be solicited through a request for proposals.

1. Evaluation Factors. The request for proposals shall state the relative importance of evaluation factors, including price.

2. Public Notice. Public notice of the request for proposals shall be given in the same manner as provided in Section 3.24.110(A) (Sealed bid procedure for purchases greater than $75,000, Notice Inviting Bids or Requests for Proposals).

3. Receipt of Proposals and Release as Public Records. Proposals shall be received and opened in a method that avoids disclosure of contents to competing proposers until after award of the contract or final rejection of all proposals. The request for proposals must state that after award of the contract or final rejection of all proposals, all responses become public records subject to disclosure. A copy of each proposal received shall be retained in the City’s online purchasing portal and shall be open for public inspection after award of the contract or final rejection of all proposals.

4. Evaluation of Proposals. After the due date for proposals, the City Manager or their designee shall evaluate the proposals and may contact any proposer for clarification of a proposal, to solicit additional information, or for purposes of interviewing. The City Manager or designee may choose to contact all, some, or none of the responding proposers after the proposals are submitted to the City.

5. Award. The contract shall be awarded to the responsible proposer whose proposal conforms to the request for proposals and is determined to be the most advantageous to the City, taking into consideration the evaluation factors set forth in the request for proposals and price. The City Manager shall prepare and place in the contract file maintained by the City Clerk's office a written report detailing the basis on which the recommendation for award of contract is made.

6. Contracts for architectural, landscape architectural, engineering, environmental, land surveying, or construction project management services, as defined by California Government Code Sections 4525 and 4526, shall be awarded based on demonstrated competence and qualification for the type of 99 services required, and at fair and reasonable prices.

C. Contractors may submit statements of qualifications and expressions of interest in providing services to the City, whether in response to a request for qualifications issued by the City or not. The City may specify a uniform format for statements of qualifications. Statements of qualifications may be project specific or may be for multiple projects which occur during a time period not exceeding one three calendar years. Statements of qualifications shall be maintained by the Administrative Services Department, consistent with the City's document retention policies. A copy of any request for proposals for services issued pursuant to Section 3.24.110 shall be provided to each person or firm that has a current statement of qualification on file with the City or a registration in PlanetBids for work relevant to the request for proposals.

D. The City Manager may designate a person or persons to exercise any authority granted to him or her by this chapter.”
SECTION 16. AMENDMENT OF SECTION 3.28.030 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.28.030 [Contracts over $50,000.00.] of Chapter 3.28 [Contracts for Services] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.28.030 Interim Urgency Contracts.

The City Manager may execute a contract for professional or other services without the necessity of competitive bid, without notice of competitive bid, and without City Council approval of the contract if the following criteria are satisfied:

1. There is an immediate need for the professional or other services to protect the public health, safety or welfare.

2. The contract term is only for so long as is reasonably necessary for the professional or other services to be provided while the City conducts the competitive bidding process required by this section.”
SECTION 17. AMENDMENT OF SECTION 3.28.050 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.28.050 [Amendments after award.] of Chapter 3.28 [Contracts for Services] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.28.050 Amendments after award.

In instances where the City effects a necessary change in the project during the course of performance of the contract, the compensation may be adjusted by mutual written 100
agreement in a reasonable amount. The reasonable amount shall reflect and compensate the contractor for the amount of work to be performed that is changed from the scope of work previously agreed to by both parties. For contracts where the City Council has delegated signature authority to the City Manager by resolution, ordinance or minute order per section 2.08.060(K) of this municipal code, the City Manager may approve one or more amendments to compensation. The City Council shall approve all other amendments to compensation, which would cause the total compensation to exceed $75,000.00.”
SECTION 18. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Adoption of this ordinance is not subject to CEQA, as it is not a “Project” as defined by CEQA. (PRC Section 21065 and CEQA Guidelines Section 15378). The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is …an activity directly undertaken by any public agency including … public works construction and related activities. Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. A project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

SECTION 19. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 20. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 21. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c). 101
PASSED, APPROVED AND ADOPTED this 11th day of December, 2024. ___________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
102

CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.6

Meeting Date: December 11, 2024
SUBJECT:
2nd R
eading of Ordinance 245 amending Chapter 3.32 of City
of Wildomar Municipal Code to provide informal bidding
procedures under the Uniform Public Construction Cost
Accounting Act (CUPCCAA)
SUBMITTED BY:

Heidi Schrader, Administrative Services Director
PREPARED BY:

Heidi Schrader, Administrative Services Director

ACTION:

Adopt an Ordinance entitled:

ORDINANCE NO. 245

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE OF THE CITY OF WILDOMAR TO

PROVIDE INFORMAL AND FORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (SECTION 22000, ET SEQ. OF THE

PUBLIC CONTRACT CODE)
SUMMARY:

City Council opted into the CUPCCAA for the City at the November 13th Council meeting. The resolution to opt into the CUPCCAA for the Wildomar Cemetery is on the agenda December 11, 2024. This Ordinance amends the Wildomar Municipal Code to be consistent with the new requirements of the CUPCCAA. Under this Act, public project work in the amount of $75,000 or less will be able to be performed by our internal labor force, by negotiated contract, or by purchase order. Public projects less than or equal to $220,000 would use the informal or formal bidding procedures, and $220,001 and greater would require formal RFP bidding procedures.

DISCUSSION:

The City Council approved the first reading of Ordinance No. 245 at the November 13, 2024 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 245.

FISCAL IMPACT:

None

ATTACHMENTS:

1. Ordinance No. 245
103
ORDINANCE NO. 245

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 3.32 OF THE MUNICIPAL CODE

OF THE CITY OF WILDOMAR TO PROVIDE INFORMAL AND FORMAL

BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT (SECTION 22000, ET SEQ.

OF THE PUBLIC CONTRACT CODE)
WHEREAS, the City of Wildomar desires to elect to participate in the Uniform Public Construction Cost Accounting Act (the Act); and
WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and WHEREAS, it is anticipated that more public projects will be completed in a timely manner as a result of the streamlined awards process and the reduction in paperwork related to the advertising and report filing requirements of the Act; and WHEREAS, on November 13, 2024 at a regular City Council meeting, the City of Wildomar will present a resolution to opt in to the Act; and WHEREAS, opting into the Act requires that the City of Wildomar adopt a bidding ordinance or City Council adopted policy pursuant to Public Contract Code section 22034.

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. RECITALS
The above recitals are true and correct and are hereby incorporated herein by this reference.

SECTION 2. AMENDMENT OF SECTION 3.32.010 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.32.010 [Applicability of Chapter 3.24] of Chapter 3.32 [Bidding and Contracts for Public Projects] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.32.010 Bid Procedures.

The City Council has adopted a resolution electing to make the City subject to the procedures set forth in the Uniform Public Construction Cost Accounting Act, Section 22000, et seq. of the California Public Contract Code (the “Act”) and has notified the State Controller of such election. As such, public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let 104
to contract by procedures as set forth in Section 22032, et seq., of the Public Contract Code.”
SECTION 3. AMENDMENT OF SECTION 3.32.020 OF THE WILDOMAR

MUNICIPAL CODE
Section 3.32.020 [Bidder’s security] of Chapter 3.32 [Bidding and Contracts for Public Projects] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be amended in its entirety to read as follows:
“3.32.020 Bidder’s security.

When deemed necessary by the Administrative Services Director or designee, notices inviting bids may require that each bid be accompanied by bidder’s security.” SECTION 4. ADDITION OF SECTION 3.32.060 TO THE WILDOMAR

MUNICIPAL CODE
Section 3.32.060 [Dollar Amount of Public Project] of Chapter 3.32 [Bidding and Contracts for Public Projects] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be added in its entirety to read as follows:
“3.32.060 Dollar Amount of Public Project.

The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with California Public Contract Code Section 22020 et seq., without the necessity of amending this section or any division herein to reflect any such adjustment.

1. Public projects of $75,000 or less may be performed by City employees by force account, by negotiated contract or by purchase order. Per California Public Contract Code Section 22032, no bidding is required. Such contracts may be approved and executed by the City Manager or designee.

2. Public projects of $75,000.01 to $220,000 may be let to contract by informal bidding procedures as set forth in Section 3.32.040 below.

3. Public projects of more than $220,000 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in Section

3.32.050 below.”
SECTION 5. ADDITION OF SECTION 3.32.070 TO THE WILDOMAR

MUNICIPAL CODE
Section 3.32.070 [Informal Bidding Procedures] of Chapter 3.32 [Bidding and Contracts for Public Projects] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be added in its entirety to read as follows:
“3.32.070 Informal Bidding Procedures.

Projects eligible for informal bidding, pursuant to subsection (b) of Section 22032 of the 105
Public Contract Code, shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, California Public Contract Code Section 22034 et seq., as follows:

1. Contractors list: The Director of Public Works shall maintain a list of qualified contractors identified according to categories of work. Such list shall comply with the requirements of Public Contract Code Section 22034.

2. Notice Inviting Informal Bids: Pursuant to subsection (b) of Section 22032 of the Public Contract Code, A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice inviting informal bids shall be circulated using one or both of the following alternatives:
a) Notices inviting informal bids may be mailed, faxed, or emailed not less than ten days before bids are due, to all contractors for the category of work to be bid as shown on the list developed in accordance with this section. b) Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code.

Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:
1) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

3. Award of Contracts: The informal bids for public projects shall be awarded by the City Manager or his designee.”
SECTION 6. ADDITION OF SECTION 3.32.080 TO THE WILDOMAR

MUNICIPAL CODE
Section 3.32.080 [Formal Bidding Procedures] of Chapter 3.32 [Bidding and Contracts for Public Projects] of Title 3 [Revenue and Finance] of the Wildomar Municipal Code shall be added in its entirety to read as follows:
“3.32.080. Formal Bidding Procedures.

Public projects to be let pursuant to formal bidding procedures shall be awarded to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.

1. Notice inviting formal bids. The following are required:
a) Contents of notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. b) Publication of notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the City, or otherwise comply with the requirements of California Public Contracts Code Section 22037.
c) Electronic transmission of notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed 106
to all construction trade journals as specified in California Public Contract Code Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids.
d) Per California Labor Code Section 1771.1, the notice must state that a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under California Labor Code Section 1725.5.
e) Instructions to bidders. The notice inviting formal bids should also identify the contract documents to be considered, the availability of information, any scheduled pre-bid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.
f) Bid package. The bid package should include the following:
1) The proposal form;
2) Submission of sealed bids;
3) A public bid opening;
4) Award to the lowest, responsive and responsible bidder; 5) City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities;
6) Award and execution of a written contract;
7) Reference to applicable state or federally funded project requirements; 8) Performance and payment bonds;
9) Listing of subcontractors; and
10) Any other materials required by the City in the bid documents.

SECTION 7. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not subject to CEQA, as it is not a “Project” as defined by CEQA. (PRC Section 21065 and CEQA Guidelines Section 15378). The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is …an activity directly undertaken by any public agency including … public works construction and related activities. Under CEQA, "projects" must be discretionary, public agency actions which have the potential of affecting the environment. A project does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

SECTION 8. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or 107
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 9. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 10. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ADOPTED this 11th day of December, 2024. ___________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
108

CITY OF WILDOMAR

MEETING (CCR)

GENERAL BUSINESS
Agenda Staff Report # 1.7

Meeting Date: December 11, 2024
SUBJECT:
2nd Reading of Ordinance No. 246 amending Chapter 5.04
(Bingo) of the Wildomar Municipal Code related to Nonprofit Bingo Overhead per Senate Bill (SB) 1044
SUBMITTED BY:

Janet Morales, City Clerk

ACTION:

Adopt an Ordinance entitled:

ORDINANCE NO. 246

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 5.04 (BINGO) OF THE WILDOMAR MUNICIPAL CODE SUMMARY:

Amending the Wildomar Municipal Code to be consistent with the new State Law related to Nonprofit Bingo Overhead. The current overhead costs are limited to 20% of the proceeds before the deduction for prizes, or $2,000, a month, whichever is less. Beginning January 1, 2025, SB 1044 increases the overhead costs to 20% of the proceeds before the deduction for prizes, or $3,000, a month, whichever is less. In addition, SB 1044 allows the $3,000 threshold to be increased annually by the annual average percentage in the California Consumer Price Index for All Urban Consumers for the preceding calendar year.

DISCUSSION:

The City Council approved the first reading of Ordinance No. 246 at the November 13, 2024 City Council meeting. At this time, it would be appropriate for the City Council to adopt Ordinance No. 246.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Ordinance No. 246 - Bingo
109
ORDINANCE NO. 246

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 5.04 (BINGO) OF THE

WILDOMAR MUNICIPAL CODE
WHEREAS, the City Council of the City of Wildomar, pursuant to police powers delegated to it by the California Constitution has the authority to enact legislation that promotes the public health, safety and general welfare of its residents; and WHEREAS, the City of Wildomar (“City”) has the authority to adopt an ordinance authorizing the game of bingo for charitable purposes in accordance with Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code; and WHEREAS, the City desires to make amendments to Chapter 5.04 of the Wildomar Municipal Code to adjust the per month overhead cap for charitable purposes to $3,000 per month increased annually by the annual average percentage in the Consumer Price Index for the preceding calendar year effective January 1, 2025, per SB 1044; and WHEREAS, these amendments are authorized under the authority of Section 326.5 of the Penal Code; and

THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR ORDAINS AS FOLLOWS:

SECTION 1. AMENDMENT OF CHAPTER 5.04 OF THE WILDOMAR

MUNICIPAL CODE
A. Section 5.04.010 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
““Bingo” means a game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card which conform to numbers or symbols selected at random. The game may include cards having numbers or symbols which are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game. All such preprinted cards shall bear the legend, “for sale or use only in a bingo game authorized under California law and pursuant to local ordinance.”
““City Manager” means the City Manager for the City of Wildomar or designee. ““Minor” is any person under the age of 18 years.
““Qualified organization” is a mobilehome park association, a senior citizens organization, or an organization exempted from the payment of the bank and 110
corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code.”
“Consumer Price Index” means the California Consumer Price Index for all Urban Consumers published by the Department of Industrial Relations.

B. Section 5.04.080 of Chapter 5.04 the Wildomar Municipal Code is amended in its entirety to read as follows:
“A. A qualified organization shall conduct a bingo game only on property owned or leased by it, or on property whose use is donated to such organization, and which property is used by such organization for an office or for the performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the property owned or leased by, or whose use is donated to, the organization be used or leased exclusively by, or donated exclusively to, such organization.
“B. No minors shall be allowed to participate in any bingo game. “C. All bingo games shall be open to the public, not just to the members of the qualified organization.
“D. A bingo game shall be operated and staffed only by members of the qualified organization which organized it. Only the organization authorized to conduct a bingo game shall operate such game or participate in the promotion, supervision or any other phase of such game. Such organization shall have written policies incorporated in its constitution, articles, by-laws or other regulations setting forth the manner in which a person may become a member of the organization, and absent any such written policies, it shall be presumed that the organization has no members who may operate and staff a bingo game. This subsection does not preclude the employment of security personnel, who are not members of the qualified organization, at a bingo game by the organization conducting the game.
“E. No person shall receive or pay a profit, wage, salary or percentage from any bingo game authorized by this chapter.
“F. No individual, corporation, partnership or other legal entity except the organization authorized to conduct a game shall hold a financial interest in the conduct of such bingo game.
“G. With respect to organizations exempt from payment of the bank and corporation tax by Section 23701(d) of the Revenue and Taxation Code, all profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. Such profits shall be used only for charitable purposes, that is, for the purposes for which such organizations are organized pursuant to their articles of incorporation or for purposes clearly incidental thereto. With respect to other organizations authorized to conduct bingo games pursuant to the provisions of this chapter, all proceeds derived from a bingo game shall be kept in a special fund and account and shall not be commingled with any other fund or account. Such proceeds 111
shall be distributed to organizations that are tax exempt under Section 23701(d) of the Revenue and Taxation Code to be used for charitable purposes as above defined, except as follows:
“1. Such proceeds may be used for prizes.
“2. A portion of such proceeds, not to exceed 20% of the proceeds before the deduction for prizes, or $3,000.00 per month, whichever is less, may be used for rental of property, overhead, including the purchase of bingo equipment, administrative expenses, security equipment and security personnel. Beginning January 1, 2025, the $3,000 per month shall be increased annually by the annual average percentage in the Consumer Price Index for the preceding calendar year.
“The licensee shall keep full and complete accounting records supported by properly executed contracts, leases, receipts, and other related documents which pertain to all monies, or other forms of income, collected in connection with the conduct of any of its bingo games, disbursed for expenditures in connection therewith and remaining or distributed for charitable purposes. Such records shall be clearly identified and readily accessible. Officials of the City shall have the right to examine and audit such records at any reasonable time, and the licensee shall fully cooperate with such officials by making such records available. At the end of any month during which any bingo game is conducted, the licensee shall file with the City Manager a full and complete financial amount remaining or distributed for charitable purposes.
“3. Such proceeds may be used to pay license fees.
“H. No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted. “I. The total value of prizes awarded during the conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held.” SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Adoption of this ordinance is not a project within the meaning of section 15378 of the CEQA guidelines because it will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and it involves continuing administrative activities under Section 15378(b)(2) of the CEQA Guidelines.

SECTION 3. SEVERABILITY
If any chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of 112
the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each chapter, sections, subsections, subdivisions, sentences, clauses, phrases, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ADOPTED this 11th, day of December, 2024. ___________________________
Bridgette Moore
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ___________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
113

CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.8

Meeting Date: December 11, 2024
SUBJECT:

TUMF Agreement Amendments for the Wildomar Trail and
Bundy Canyon Rd. I-15 Interchange Projects
SUBMITTED BY:

Jason Farag, Public Works Director
PREPARED BY:

Jason Farag, Public Works Director

ACTION:

1. Authorize the City Manager to execute TUMF Agreement Amendments with the Western Riverside Council of Governments for the Wildomar Trail/I-15 Interchange Improvement and the Bundy Canyon Rd./I-15 Interchange Improvement Projects.

2. Approve a budget adjustment in Fund 503 (TUMF) to both decrease appropriations by $1,485,000 and decrease budgeted revenues by $1,485,000 for CIP 070 (Bundy Canyon Rd./I-15 Interchange Improvement Project).

3. Approve a budget adjustment in Fund 503 (TUMF) to both decrease appropriations by $1,485,000 and decrease budgeted revenues by $1,485,000 for CIP 074 (Wildomar Trail/I-15 Interchange Improvement Project).

SUMMARY:

Based on actual estimated costs to complete the first phase of the Wildomar Trail/I-15 and Bundy Canyon Rd./I-15 Interchange Improvement Projects (Projects), additional TUMF funding is necessary which will require amendments to the City's existing TUMF funding agreements with WRCOG for the Projects.

BACKGROUND:

On October 13, 2021, the City of Wildomar entered into a Reimbursement Agreement with the Western Riverside Council of Governments (WRCOG) to provide Transportation Uniform Mitigation Fee (TUMF) funding for the Wildomar Trail/I-15 and Bundy Canyon Rd./I-15 Interchange Improvement Projects (Projects). The Agreements identified a maximum of $1,000,000 for each of the two Projects.

On April 4, 2024, the City entered into a Cooperative Agreement with the Riverside County Transportation Commission (RCTC) to have RCTC manage the Projects on behalf of the City.

On January 17, 2024, the City entered into a cooperative agreement with RCTC and WRCOG to allow RCTC to be reimbursed directly from WRCOG using the TUMF funds identified in the Reimbursement Agreements between the City and WRCOG.

DISCUSSION:
114
The City and RCTC have concluded the consultant procurement process for the first phase of the Projects known as the Project Study Report/Project Initiation Document (PSR/PID) phase.

HDR Engineering, Inc. has been recommended as the most qualified consultant that submitted a proposal to prepare the PSRs/PIDs for the two Projects. As the first step in the process to improve the interchanges, the PSRs/PIDs will identify the preferred alternative improvements to be considered for each interchange in the Project Approval and Environmental Document (PA&ED) phase, which is the next step in the process. One PSR/PID will be prepared for each interchange/each Project and each will be submitted to Caltrans for review and approval before moving to the PA&ED phase.

RCTC has been working with Caltrans on the City's behalf to prepare cooperative agreements to allow Caltrans to review the PSR/PID for each Project. As part of these agreements, Caltrans will require reimbursement for their review of the Projects.

Final cost estimates and budgets have been prepared for the PSR/PID phase for each Project, based on the City's costs, RCTC's costs, Caltrans' costs, and the consultant's costs (HDR). Below is the proposed budget for each Project in this first PSR/PID phase.

Wildomar Trail/I-15
City: $15,000
RCTC: $202,435
Caltrans: $300,000
Consultant: $936,456
Total: $1,453,891
Bundy Canyon Rd./I-15
City: $15,000
RCTC: $178,935
Caltrans: $300,000
Consultant: $825,179
Total: $1,319,114

To cover the anticipated expenses related to each Project, an amendment to each of the TUMF Reimbursement Agreements is proposed to increase the funding from $1,000,000 to $1,500,000 for each Project. Copies of the proposed TUMF Reimbursement Agreement Amendments are included as Attachment A and Attachment B.

Staff recommends that the City Council authorize the City Manager to execute the two proposed TUMF Reimbursement Agreement Amendments.

FISCAL IMPACT:

There are adequate funds allocated for the Projects in the TUMF program and in the 5-Year TUMF Transportation Improvement Program (TIP) budget to cover the anticipated expenses.

Since RCTC will administer the funds on behalf of the City and will be reimbursed directly through WRCOG, the City no longer needs to account for the full funding in its own budget and can reduce the funding appropriations by $1,485,000 for each Project, as noted in the Account Code section of this staff report.

ACCOUNT CODE:

Budget Amendments
115
CIP 070 - Bundy Canyon Rd./I-15 Interchange Improvements TUMF (Fund 503)
Revenues = $15,000 ($1,485,000 reduction)
Expenditures = $15,000 ($1,485,000 reduction)
CIP 074 - Wildomar Trail/I-15 Interchange Improvements
TUMF (Fund 503)
Revenues = $15,000 ($1,485,000 reduction)
Expenditures = $15,000 ($1,485,000 reduction)

ATTACHMENTS:

A - TUMF Agreement Amendment (Wildomar Trail)
B - TUMF Agreement Amendment (Bundy Canyon Rd.)
116
20-SW-WIL-1199

AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT
WILDOMAR TRAIL & I-15 INTERCHANGE IMPROVEMENTS

PA&ED PHASE

This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this ______ day of _______________, 20 2_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the City of Wildomar, a California municipal corporation (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. WRCOG and AGENCY have entered in to an agreement titled “ Transportation Uniform Mitigation Fee Program Agreement” that is dat ed October 13th, 2021 (“Agreement”).

The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Wildomar Trail and I-15 Interchange (hereinafter the “Project”).

B. The Parties desire to amend the Agreement by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.

C. Funds are being increased for this Project because new funding has become available.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
117
20-SW-WIL-1199

1. The Funding Amount contained in Section 2 of the Agreement is hereby increased by $500,000 from $1,000,000 to an amount not to exceed $1,500,000.

2. The for egoing increase in the Funding Amount is within the Maximum TUMF Share.

3. AGENCY’s Local Match Contribution . AGENCY funding is not required, as shown in Exhibit “A” attached hereto.

4. Exhibits “A”, “A -1”, and “A -2” of the Agreement are hereby replaced in their entirety by Exhibits “A”, “A -1”, and “A-2” of this Amendment No. 1, which are attached hereto and incorporated by reference.

5. The above-stated Recitals are hereby fully incorporated into this Amendment No.

6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.
118
20-SW-WIL-1199

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.

WESTERN RIVERSIDE COUNCIL CITY OF WILDOMAR

OF GOVERNMENTS

By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director Dan York, City Manager

Approved to Form: Approved to Form:

By: ______________________________ By: ______________________________ Steven C. DeBaun Tom Jex, City Attorney
General Counsel

Attest:

By: ______________________________
Janet Morales, CMC
City Clerk
119
20-SW-WIL-1199

EXHIBIT “A”

SCOPE OF WORK

1. SCOPE OF WORK:

The total project consists of the improvement of the Wildomar Trail Interchange with the I-15 Freeway. This Phase of the project consists of:

1. Preparation of a Project Study Report- Project Development Support Project Initiation Document in conformance with Caltrans requirements

2. Preparation of an Environmental Document
120
Project #

EXHIBIT “A-1”

ESTIMATE OF COST

Phase TUMF LOCAL TOTAL
PA&ED $1,500,000 $0 $1,500,000
PS&E

RIGHT OF WAY

CONSTRUCTION
TOTAL $1,500,000 $1,500,000
121
Project #

EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED FY 27/28 $1,500,000
PS&E

RIGHT OF WAY

CONSTRUCTION
TOTAL $1,500,000
122
20-SW-WIL-1198

AMENDMENT NO. 1 TO TRANSPORTATION UNIFORM MITIGATION FEE

PROGRAM AGREEMENT
BUNDY CANYON ROAD & I-15 INTERCHANGE IMPROVEMENTS

PA&ED PHASE

This Amendment No. 1 to Transportation Uniform Mitigation Fee Program Agreement (“Amendment No. 1”) is entered into this ______ day of _______________, 20 2_, by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and the City of Wildomar, a California municipal corporation (“AGENCY”). WRCOG and the AGENCY are sometimes referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. WRCOG and AGENCY have entered in to an agreement titled “ Transportation Uniform Mitigation Fee Program Agreement” that is dat ed October 13th, 2021 (“Agreement”).

The Agreement provides the terms and conditions, scope of work, schedule and funding amount for the construction of the Bundy Canyon Rd and I-15 Interchange (hereinafter the “Project”).

B. The Parties desire to amend the Agreement by increasing the funding amount pursuant to Sections 6 and 33 of the Agreement.

C. Funds are being increased for this Project because new funding has become available.

AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the Parties hereby agree as follows:
123
20-SW-WIL-1198

1. The Funding Amount contained in Section 2 of the Agreement is hereby increased by $500,000 from $1,000,000 to an amount not to exceed $1,500,000.

2. The for egoing increase in the Funding Amount is within the Maximum TUMF Share.

3. “AGENCY’s Local Match Contribution . AGENCY funding is not required, as shown in Exhibit “A” attached hereto.”

4. Exhibits “A”, “A -1”, and “A -2” of the Agreement are hereby replaced in their entirety by Exhibits “A”, “A -1”, and “A-2” of this Amendment No. 1, which are attached hereto and incorporated by reference.

5. The above-stated Recitals are hereby fully incorporated into this Amendment No.

6. Except to the extent specifically modified or amended hereunder, all of the terms, covenants and conditions of the Agreement shall remain in full force and effect between the Parties hereto.
124
20-SW-WIL-1198

IN WITNESS WHEREOF, the Parties have caused this Amendment No. 1 to be executed by their duly authorized representatives to be effective on the day and year first written above.

WESTERN RIVERSIDE COUNCIL CITY OF WILDOMAR

OF GOVERNMENTS

By: ______________________________ By: ______________________________ Dr. Kurt Wilson, Executive Director Dan York, City Manager

Approved to Form: Approved to Form:

By: ______________________________ By: ______________________________ Steven C. DeBaun Tom Jex, City Attorney
General Counsel

Attest:

By: ______________________________
Janet Morales, CMC
City Clerk
125
20-SW-WIL-1198

EXHIBIT “A”

SCOPE OF SERVICES

1. SCOPE OF WORK:

The total project consists of the improvement of the Bundy Canyon Interchange with the I- 15 Freeway. This Phase of the project consists of:

1. Preparation of a Project Study Report- Project Development Support Project Initiation Document in conformance with Caltrans requirements

2. Preparation of an Environmental Document
126
Project #

EXHIBIT “A-1”

ESTIMATE OF COST

Phase TUMF LOCAL TOTAL
PA&ED $1,500,000 $0 $1,500,000
PS&E

RIGHT OF WAY

CONSTRUCTION
TOTAL $1,500,000 $1,500,000
127
Project #

EXHIBIT “A-2”

PROJECT SCHEDULE
TIMETABLE:

Phase
Estimated
Completion Date Estimated Cost Comments
PA&ED FY 27/28 $1,500,000
PS&E

RIGHT OF WAY

CONSTRUCTION
TOTAL $1,500,000
128

CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.9

Meeting Date: December 11, 2024
SUBJECT:

Wildomar Cottages Affordable Housing Agreement and
Declaration of Restrictive Covenants

SUBMITTED BY:

Matthew Bassi, Comm Dev Director
PREPARED BY:

Matthew Bassi, Comm Dev Director

ACTION:

Approve and authorize the City Manager to sign the Affordable Housing Agreement and Declaration of Restrictive Covenants regarding the Wildomar Cottages affordable housing project in substantially the same form as included in the agenda packet and authorize the City Manager to make modest adjustments as necessary.

DISCUSSION:

Affordability Covenant
The Wildomar Cottages affordable housing project (Affirmed Housing, Inc.), located at 32650 Mesa Drive, is intended to be developed as a 130-unit multi-family residential rental development, inclusive of two (2) managers’ units. One hundred and twenty-eight (128) dwelling units will be restricted for occupancy by eligible households at affordable rents as more particularly set forth in this Agreement (Attachment A to this report).

The Project was processed pursuant to SB 35 (Government Code § 65913.4), which requires a land use restriction or covenant to be recorded prior to the first building permit for the Project ensuring that the low-income units required by SB 35 remain available at affordable rent for 55 years.

According to California Government Code Section 65915 et seq. (“Density Bonus Statute”) and Chapter 17.290 of the City of Wildomar Municipal Code (“Density Bonus Ordinance”), the developer applied for and the City approved a density bonus and certain incentives and concessions for the Project pursuant to subsection (b)(1)(G) of the Density Bonus Statute, which requires all units in the Project, except for manager’s unit(s), to be restricted to Low- Income Households, except that up to 20% may be for Moderate-Income Households.

This Affordability Covenant is intended to satisfy the affordability requirements set forth in SB 35, the Density Bonus Ordinance, and the Density Bonus Statute, and to regulate and restrict the occupancy and rents of the Project’s Restricted Units for the benefit of the Project occupants. The covenants set forth in the Affordability Covenant will run with the land. In accordance with the Density Bonus Statute and SB 35, the Affordability Covenant is required to be recorded against the Property senior to all deeds of trust and similar encumbrances.

129
FISCAL IMPACT:

None.

ACCOUNT CODE:

N/A

ENVIRONMENTAL ANALYSIS:

N/A

ATTACHMENTS:

Attach A - Wildomar Cottages Afford Agreement [12-11-24].pdf 130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150

CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.10

Meeting Date: December 11, 2024
SUBJECT:

Parcel Map No. 36612 Westpark Promenade Final Map
Approval and Subdivision Improvement Agreement
SUBMITTED BY:

Jason Farag, Public Works Director
PREPARED BY:

Ninette Eva, Associate Engineer

ACTION:

1. Adopt a Resolution entitled:

RESOLUTION NO. 2024 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP 36612 WESTPARK

PROMENADE AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE SUBDIVISION IMPROVEMENT AGREEMENT

2. Authorize the City Manager to execute BMP Agreements with CRP/CWR Westpark Project, LLC for the Westpark Promenade development project.

SUMMARY:

Approval of a Final Map, Subdivision Improvement Agreement, and BMP Agreements for Parcel Map No. 36612, also known as the Westpark Promenade development project.

BACKGROUND:

On December 14, 2016, Plot Plan No. 13-0082 was approved to develop the Westpark Promenade Mixed-Use project (Project) consisting of a 118,354 square foot commercial retail center (Parcel 1 of PM 36612) and 191 single family attached dwelling units (Parcels 2 and 3 of PM 36612 with related on-site/off-site improvements and amenities. Tentative Tract Map No. 36612 (TPM 36612) was also approved by the City Council on December 14, 2016 for the same Project. The tentative parcel map was to subdivide the 27.68 acre site into three parcels. The Westpark Promenade project also includes two tentative tract maps - Tentative Tract Map No. 36781 (TTM 36781) for 124 single family attached units and Tentative Tract Map No. 36782 (TTM No. 36782) for 67 single family attached units.

On February 2, 2022, the Planning Commission adopted a resolution approving an extension of time to December 14, 2022 and a revision to the adopted Conditions of Approval for TPM 36612, TTM 36781 and TTM 36782. On October 2, 2024, the Planning Commission adopted a resolution granting a final, 1-year time extension to December 14, 2025 for TPM 36612, TTM 36781 and TTM 36782 and Plot Plan No. 13-0082. Recently, the Planning Department has determined that the Westpark Promenade project meets the threshold provisions of AB 2729 which grants the project an automatic 18-month time extension. The new expiration date for the project is now June 14, 2027.
151

An aerial image of the project site and the surrounding area is provided in Attachment A.

DISCUSSION:

Final Map and Subdivision Improvement Agreement
The developer has submitted a Final Map for Parcel Map No. 36612 (Attachment B). The Final Map submitted for approval has been examined and checked for compliance with the Wildomar Municipal Code and the California Subdivision Map Act. The City Engineer has determined that the location and configuration of the lots created by this Final Map substantially comply with the Tentative Map as filed and approved.

To secure the incomplete public improvements that are required of the project prior to map recordation, a Subdivision Improvement Agreement has been prepared (Attachment C). The Subdivision Improvement Agreement identifies the subdivider’s obligations to complete the Project’s improvements and sets forth policies and procedures for the Developer and the City to ensure that the improvements are completed. The Agreement also provides the City with bonds/securities should the Developer fail to fulfill their obligations. Conditions of approval related to Final Map recordation not yet satisfied have been identified in Exhibit D of the Subdivision Improvement Agreement.

BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained and CFD maintained BMPs (BMP Agreements, Attachments D and E) with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the WQMP BMPs that are constructed with this development continue to be maintained in the future.

Staff is requesting that the City Council authorize the City Manager to execute the BMP Agreements CRP/CWR Westpark Project, LLC for the Westpark Promenade development project.

FISCAL IMPACT:

There are no fiscal impacts to the City at this time. All costs related to this project are currently covered by Developer fees and deposits. When the project is constructed, the City will be responsible for the maintenance of the public improvements after acceptance by the City Council. The Developer has annexed into the Community Facilities District (CFD) Services to offset some of the City’s maintenance costs. There is no impact to the General Fund.

ATTACHMENTS:

Resolution- Final Map and SIA
A - Aerial Map
B - Parcel Map No. 36612
C - Subdivision Improvement Agreement for Parcel Map No. 36612 D - Westpark BMP Agreement (Privately Maintained)
E - Westpark Stormwater BMP Agreement (CFD Maintained)
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RESOLUTION NO. 2024 - _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, APPROVING THE FINAL MAP FOR TENTATIVE PARCEL MAP 36612

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SUBDIVISION

IMPROVEMENT AGREEMENT
WHEREAS, the City Council approved Tentative Parcel Map 36612 subject to conditions, on December 14, 2016; and
WHEREAS, consistent with the approved Tentative Map, CRP/CWR Westpark Project, LLC, submitted to the City for approval the Final Map; and WHEREAS, staff has reviewed the proposed Final Map and finds it to be technically correct and that all applicable final map conditions of approval have been satisfied or otherwise identified as outstanding in a Subdivision Improvement Agreement; and
WHEREAS, an Environmental Impact Report, State Clearinghouse Number 2014021022 was adopted for Tentative Parcel Map No. 36612 by the City Council on December 14, 2016; and
WHEREAS, the City has determined that this Final Map is statutorily exempt from the California Environmental Quality Act (CEQA) Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268, (b) (3) Ministerial Projects, approval of final subdivision maps.

NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the Wildomar City Council, in regular session assembled on December 11, 2024, the following:

1. The location and configuration of the lots to be created by the Final Map substantially comply with the previously approved Tentative Map; and

2. The Final Map is statutorily exempt from the California Environmental Quality Act (CEQA), Statutory Exemptions, Title 14 of the California Code of Regulations Section 15268, (b) (3) Ministerial projects, approval of final subdivision maps; and

3. The City Council of the City of Wildomar, pursuant to Government Code Section 66458, hereby approves the Final Map, and:
a. Directs the City Surveyor to sign the Final Map; and b. Directs the City Engineer to sign the Final Map; and c. Directs the City Clerk to sign the Final Map; and
d. Directs the City Manager to execute the Subdivision Improvement for Parcel No. 36612 incorporated herein by this reference; and e. Directs the City Clerk to transmit the Final Map and Agreements to the County Recorder of the County of Riverside for filing; and 153
f. Directs the City Clerk to transmit the Notice of Exemption to the County Clerk of the County of Riverside for filing.

PASSED, APPROVED, AND ADOPTED this 11th day of December, 2024. ______________________________
Bridgette More
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
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ATTACHMENT A
Aerial Image of
Westpark Project
(highlighted in yellow)
155
156
157
158
159
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RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code § 27383)

CITY OF WILDOMAR
Attn: City Clerk
23873 Clinton Keith Rd., Suite 111
Wildomar, California 92595
THIS SPACE FOR RECORDER’S USE ONLY

SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 36612
By and Between

THE CITY OF WILDOMAR,
a municipal corporation
and

CRP/CWR WESTPARK PROJECT, LLC
a Delaware Limited Liability Company
DATED DECEMBER 11, 2024
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SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 36612
This Subdivision Improvement Agreement (“Agreement”) is entered into as of this 11th day of December, 2024 by and between the City of Wildomar, a municipal corporation (“City”) and CRP/CWR Westpark Project, LLC (“Developer”). City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. Developer has submitted to City an application for approval of a final Parcel map for real property located within City, a legal description of which is attached hereto as Exhibit “A”.

The Parcel map is identified in City records as Parcel Map No. 36612. On December 14, 2016, the City conditionally approved Parcel Map No. 36612.

B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et seq.), (“Map Act”) the City Ordinances, the conditions of approval for Parcel Map No. 36612, or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land.

C. Pursuant to City Ordinances and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel Map No. 36612.

D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499 – 66499.10.

E. Pursuant to Government Code Section 66499, Developer’s execution of this Agreement and the provision of the security are made in consideration of City’s approval of the final map for Parcel Map No. 36612.

DEFINED TERMS
“Developer” shall mean CRP/CWR Westpark Project, LLC, a Delaware Limited Liability Company. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property. “Estimated Costs” shall mean the City Engineer’s approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. 161
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“Litigation Expenses” shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a party in good faith in the prosecution of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other cost or expense, the award of which a court of competent jurisdiction may determine to be just and reasonable.
“Map Act” shall mean the Subdivision Map Act, Government Code Sections 66410 et seq. “Property” shall mean the all of the real property contained within the boundaries of Parcel Map No. 36612 located in the City of Wildomar, California, as is more particularly described in the legal description and Parcel diagram attached hereto and incorporated hereby by reference at Exhibit “A”.
“Public Improvements” shall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains, detention and retention basins and other drainage facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Parcel Map No. 36612 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Parcel Map No. 36612. The Parties agree that the Public Improvements to be completed by Developer are more specifically described in the diagram or plan attached hereto and incorporated herein by reference as Exhibit “B. Notwithstanding, Exhibit “B”, Developer shall remain obligated to construct and complete all of the Public Improvements required as conditions of approval for Tentative Parcel Map 36612.
“Required Insurance” shall mean the insurance required to be maintained by Developer under Section 17.
“Security” shall mean surety bonds, lien agreement or other security approved by the City Engineer or City Attorney in the amounts and under the terms of Section 12. “Parcel Map No. 36612.” shall mean the final map prepared and approved by the City for tentative Parcel Map No. 36612.
“Warranty” shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements.

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:

1.EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the following conditions are satisfied in the order provided:
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1.1Security. Developer provides City with the Security of the type and in the amounts required by this Agreement;

1.2Final Map and Agreement Approval. The City Council of the City (“City Council”) approves the final map for Parcel Map No. 36612 and this Agreement;

1.3Record Agreement. Developer and City execute the Agreement and City records this Agreement in the Recorder’s Office of the County of Riverside; and

1.4Record Final Map. Developer records the final map for Parcel Map No. 36612 in the Recorder’s Office of the County of Riverside.

If the above described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall automatically terminate without need of further action by either City or Developer.

2.PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at its own cost, expense, and liability the Public Improvements, as defined herein, within the time and in the manner required under this Agreement. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water or sewer system.

Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements.

2.1Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement.

2.2Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’s obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property.

2.3Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee.

Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 163
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2.4Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

2.5Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.

2.6Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.

2.7Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been satisfied prior to the date of this Agreement are identified on Exhibit “D” hereto.

3.MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.

City shall not be responsible or liable for the maintenance or care of the Public Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Public Improvements until approved and accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the 164
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responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance.

4.CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within two years (24 months) following approval of the final map for Parcel Map No. 36612.

4.1Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the Security required under Section 12.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer’s acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the Security provided by Developer, and to require adjustments thereto when warranted according to City’s reasonable discretion.

4.2Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer’s intent to abandon or otherwise not complete required or agreed upon Public Improvements.

5.GRADING. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel Map

6. No. 36612 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City’s grading regulations. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City’s approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12.0 et seq. of this Agreement.

7.UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel Map No. 165
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36612 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City’s jurisdictional limits. All utilities shall be installed underground.

8.FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel Map No. 36612, or as required by other governmental agencies having jurisdiction over Parcel Map No. 36612.

9.CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public Improvements and areas where construction of the Public Improvements is occurring or will occur.

If the City inspector requests it, the Developer at any time before acceptance of the Public Improvements shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Developer shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City shall not be considered as direct control of the individual workmen on the job site. City’s inspector shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspection of the work by City shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.

10.ADMINISTRATIVE COSTS. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney’s fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law.

11.ACCEPTANCE OF IMPROVEMENTS; AS-BUILT OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public Improvements within the time required by this Agreement.

11.1Developer’s Notice of Completion. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Public Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the 166
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accepted Public Improvements shall become the sole and exclusive property of City without payment therefor.

11.2City Acceptance of Public Improvements. If Parcel Map No. 36612 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Public Improvements.

11.3Developer’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein.

12.WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

13.SECURITY. Prior to City’s approval and execution of this Agreement, Developer shall provide City with surety bonds, a lien agreement, or another form of security acceptable to the City Attorney and City Engineer under the terms set forth below.

13.1Surety Bonds. If surety bonds are provided as Security, the amount of the Security shall be based on the City Engineer’s Estimated Costs. If City determines at any time prior to Developer’s completion of the Public Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer’s compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Developer’s indemnification obligation provided in Section 16.0 of this Agreement.

13.1.1Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in 167
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default as set forth in Section 18.0 et seq. of this Agreement, and to secure Developer’s one-year guarantee and warranty of the Public Improvements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer shall provide City a faithful performance bond in the amount of Two Million Five Hundred Fifty-Five Thousand and 00/100 Dollars ($2,555,000.00), which sum shall be not less than one hundred percent (100%) of the Estimated Costs.

13.1.2Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36612, and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 36612.

13.1.3Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of One Million Two Hundred Seventy-Seven Thousand and 00/100 Dollars ($1,277,500.00), which sum shall not be less than fifty percent (50%) of the Estimated Costs. The Security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such Security shall be reduced by the total of all stop notice or mechanic’s lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City’s anticipated administrative and legal expenses arising out of such claims.

13.1.4Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best’s rating of no less than A:VIII, be a bank or insurance company licensed to transact surety business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney’s fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security.

13.1.5Form of Bonds. The evidence of the Security shall be provided on the forms set forth in Exhibit “C”, unless other forms are deemed acceptable by the City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit “C” and incorporated herein by this reference.

13.2Lien Agreement. In lieu of surety bonds required under Section 12.1 et seq. or the security required by Section 13 of this Agreement, Developer may execute a lien agreement as Security for the Improvements in accordance with Wildomar Municipal Code 168
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Section 16.56.030. The Lien Agreement shall be in the form attached hereto as Exhibit “E” and incorporated herein by this reference.

13.3Developer’s Liability. While no action of Developer shall be required in order for City to realize on its security under any Security instrument, Developer agrees to cooperate with City to facilitate City’s realization under any Security instrument, and to take no action to prevent City from such realization under any Security instrument. Notwithstanding the giving of any Security instrument or the subsequent expiration of any Security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Developer shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute Security as City shall require satisfying the requirements in this Section 12.

14.MONUMENT SECURITY. Prior to City’s execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot corners, and street centerline monuments for Parcel Map No. 36612 in compliance with the applicable provisions of City’s Municipal and/or Development Code (“Subdivision Monuments”), Developer shall deposit cash or a surety bond with City in the amount of Forty Two Thousand and 00/100 Dollars ($42,000.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit or surety bond may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Parcel Map No. 36612. Notwithstanding the foregoing, if City accepts a lien agreement as security for the Improvements under Section 12.2 of this Agreement, such lien agreement may serve as the security for some or all of the Subdivision Monuments, as determined by the City Engineer.

15.LIEN. To secure the timely performance of Developer’s obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections

12.0 et seq. and 13.0 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer’s default on those obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section.

16.SIGNS AND ADVERTISING. Developer understands and agrees to City’s ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the summary removal by City, without notice to Developer, of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal.

17.INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, 169
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demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

18.INSURANCE.

18.1Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.

18.1.1General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance

18.1.2Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.

18.1.3Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees.

18.1.4Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions 170
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with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.

18.1.5Pollution Liability.Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work.

The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work.

The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work.

18.2Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

18.3Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers.

18.4Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the 171
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insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.

18.5Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

18.6Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer 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, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.

18.7Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

19.DEFAULT; NOTICE; REMEDIES.

19.1Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation. Developer shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty-four (24) hours thereof.

Immediately upon City’s issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.

19.2Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City’s right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of 172
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City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred.

19.3Other Remedies. No action by City pursuant to Section 18.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

20.GENERAL PROVISIONS.

20.1Authority to Enter Agreement. 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 sign this Agreement.

20.2Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

20.3Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and subcontractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

20.4Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice:

CITY:

City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 111
Wildomar, CA 92595
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DEVELOPER:

CRP/CWR Westpark Project
Attn: Rick Schroeder
5927 Priestly Drive, Suite 110
Carlsbad, CA 92008
Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent provided the original is contemporaneously deposited with United States Postal Service and delivered by regular mail; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.

20.5Amendment; Modification. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Developer and by the City.

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. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement.

20.6Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

20.7Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

20.8No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

20.9Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

20.10Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or 174
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proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394.

20.11Attorneys’ Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses.

20.12Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Parcel Map No. 36612, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

20.13Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

20.14Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer.

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
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RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
PARCEL MAP NO. 36612
Real property in the City of Wildomar, County of Riverside, State of California, described as follows:

Pursuant to Certificate of Parcel Merger No. 378, recorded July 24, 1987 as Instrument No. 214102, Official Records, said land is described as follows:

That portion of the Southeast quarter of fractional Section 36, Township 6 South, Range 4 West, San Bernardino Base and Meridian, in the unincorporated territory of the County of Riverside, State of California, described as follows:

Beginning at the Southeast corner of Section 36, thence Westerly along the South line of said Section line and centerline of Catt Road, South 88° 48' 45" West 1532.29 feet to the Southeasterly terminus of "Course B" as described in Deed to the State of California recorded March 26, 1954 in Book 1569, Page 396 of Official Records; thence leaving said Southerly line, North 38° 55' 30" West 37.94 feet to the Northerly line of Catt Road and the true Point of Beginning; thence North 68° 20' 12" West 101.82 feet; thence North 38° 55' 30" West 1083.73 feet; thence North 35° 55' 15" West 100.24 feet; thence North 38° 55' 30" West 349.96 feet to a point on the North line of the Southwest quarter of the Southeast quarter of said fractional Section 36; thence Easterly along said Northerly line, North 88° 45' 13" East 1283.75 feet to the Northeast corner of the Southwest quarter of the Southeast quarter; thence Easterly along the Northerly line of the Southeast quarter of the Southeast quarter, North 88° 45' 13" East 150.00 feet; thence leaving said Northerly line, South 01° 09' 02" East 1292.78 feet to the Northerly line of Catt Road; thence continuing along the Northerly line of said Catt Road South 88° 48' 45" West 376.95 feet to the true Point of Beginning.

Excepting therefrom one-half of all oil, gas and other hydrocarbon substances and minerals below a depth of 500 feet from the surface, but without the right to enter upon or use the surface of said real property, as reserved by Sidney Snyder, et al., in Deed recorded December 19, 1958 in Book 2383, Page 250, Official Records, Riverside County Records.

A Notice of Intent to preserve mineral rights pursuant to Section 883.230 California Civil Code was recorded January 23, 1985 as Instrument No. 14390, Official Records.

Also excepting therefrom that portion conveyed to the City of Wildomar, a Municipal Corporation by Deed recorded on January 19, 2011 as Instrument No. 2011-0028332, of Official Records.

APN: 376-410-013, 376-410-023 and 376-410-025
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LIST OF PUBLIC IMPROVEMENTS
PARCEL MAP NO. 36612
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RIV #4833-9648-5472 v2 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT “D”

LIST OF PARCEL MAP CONDITIONS

OF APPROVAL NOT SATISFIED
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Bridgette Moore, Mayor, Dist. 4 23873 Clinton Keith Rd, Ste. 110 Ashlee DePhillippo, Mayor Pro Tem, Dist. 5 Wildomar, CA 92595 Carlos Marquez, Council Member, Dist. 1 951.677.7751 Phone Joseph Morabito, Council Member, Dist. 3 951.698.1463 Fax Dustin Nigg, Council Member, Dist. 2 www.CityofWildomar.org

October 3, 2024

Mr. Carlos Bonilla, Project Manager
Cal West Communities
5927 Priestly Drive, Suite #110
Carlsbad, CA 92008

Subject: Westpark Promenade - Extension of Time #3 Approval Letter

Dear Mr. Bonilla,

On October 2, 2024, the Planning Commission approved your proposed 1-year time extension for the project referenced above. On behalf of the City, congratulations on your EOT approval. The Planning Commission adopted PC Resolution No. 2024 -15 granting a final, 1-year time extension to December 14, 2025 for TPM 36612, TTM 36781, TTM 36782 and Plot Plan No. 13- 0082. This represents the 3 rd and final EOT for this project. I am providing the approved/updated conditions of approval for the project illustrating the new expiration dates (see attached).

As outlined in my October 3, 202 4 email, all 3 maps need to be recorded before the new expiration date, or they expire. Grading and building permits must be issued and construction begun under the approval of Plot Plan 13-082 and solidly moving forward before the deadline, or the plot plan expires. In accordance with city code, the Planning Commission’s action is subject to a 10-day appeal period where two (2) or more City Council members (or the general public) can appeal this decision. The deadline to file an appeal is Monday, October 14, 2024.

Staff looks forward to working with you and your team during the final map, grading and building plan check process. Please contact Mr. Matt Kramer for future engineering department related submittals and Ms. Deidra Mendoza for future building plan check submittals. Both will be able to guide you through the city’s plan check review process.

Please sign page 1 of the condition matrix and return it to me by October 16, 2024. If you have questions, or anything related to your project, please call me at your convenience. I can be reached at (951) 677- 7751, extension 213. You may also email me at [email protected].

Sincerely,

Matthew C. Bassi
Community Development Director

Cc: Abdu Lachgar, AICP, Senior Planner
Jason Farag, Public Works Director
Ninette Eva, Associate Engineer
Matt Kramer, Development Services Technician
Scott Burns, Chief Building Official
Deidra Mendoza, Senior Management Analyst

Attachments:
• Conditions of Approval Matrix (Updated)
205
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

PLANNING DEPARTMENT CONDITIONS
General Requirements / Standard Conditions (these conditions apply to all phases)

1. In compliance with Section 15094 of the CEQA Guidelines, a Notice of Determination (NOD) 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 California Department of Fish and Wildlife (Fish and Game Code Section 711.4.d.3) fee, and the Riverside County Clerk administrative fee (paid by the Applicant) in the amount of $3,120.00. Failure to pay the required fee will result in the project being deemed null a nd void (California Fish and Game Code Section 711.4(c)). The above fee is broken down as follows:
a. California Department of Fish and Wildlife = $3,070.00 b. Riverside County Clerk Administrative Fee = $50.00
December 21, 2016 Planning Department

2. The Applicant shall review, and sign below verifying the “Acceptance of the Revised /Updated Conditions of Approval” and return the signed page to the Wildomar Planning Department within two weeks of the Planning Commission approval.

Applicant Signature Date
October 16, 2024 Planning Department

206
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

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), (collectiv ely “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 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, Code of Civil Procedure Section 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 Ongoing Planning Department

207
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

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 Extension of Time # 3 for Tentative Parcel Map No. 36612 shall expire on December 14, 2025 if the final map has not been approved by the City Council and recorded with the Riverside County Clerk. If TPM No. 36612 is not recorded by the new expiration date, the tentative map becomes null and void.

December 14, 2025 Planning Department

5. TTM No. 36612 shall not become effective until 30 days after the second reading of the Ordinance approving Change of Zone No. 13- 0082 by the City Council. No final map, grading or building permits shall be issued until after the effective date of the Change of Zone.

February 11, 2017 Planning Department

6. In accordance with Section 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 hereby begins with approval of this project.

March 14, 2017 Planning Department

208
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

7. Within 60 days of approval of the Westpark Promenade Mixed -Use Development Project (Planning Application No. 13- 0082) by the City Council, the Applicant shall pay any outstanding deposit account balances. Failure to pay the outstanding balance by the due date may result in delays in the submittal of final map, grading plans, improvement plans and/or building/construction plans.

February 14, 2017 Planning Department

8. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the Planning Commission taking action resulting in a modification to the Conditions of Approval and/or suspension or revocation of the plot plan and/or conditional use permit.

On-Going Planning Department

9. The project shall be subdivided in accordance with the Tentative Parcel Map 36612 approved by the City Council on December 14, 2016 The Applicant may request a minor change/revision to the approved Parcel map, if needed, in accordance with Sections 16.12.210 and/or

16.12.220 of the Wildomar Municipal Code. TPM No. 36612 consists of three planning areas (Parcel 1: Commercial Retail and Parcels 2 and 3:

Single-Family Condominium areas) with related on- site/off-site improvements and amenities. Each Parcel within the approved plot plan will be developed in accordance with the applicable conditions herein. Final Maps may be filed in phases related to each Parcel or as units or groups of units .

The Applicant shall implement, to the
satisfaction of the Planning Director, all applicable environmental impact mitigation measures identified in the project's EIR , CEQA Ongoing Planning Department

209
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Findings and Mitigation Monitoring and Reporting Program with each final map.

10. 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 Dept.

CEQA / Environmental Impact Report (EIR) Mitigation Measures: (these mitigation measures apply to all phases) Air Quality Resources

11. AQ-1: The applicant, in coordination with the City, shall cooperate with local transit agencies to determine bus routing in the project area that can accommodate bus stop(s) at the project access points. The project shall provide bus passenger benches and shelters at any approved locations.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

12. AQ-2: The project applicant shall provide preferred parking for low - emitting and fuel efficient vehicles. The number and location of preferred parking spaces must be identified by the project proponent and be approved by the City of Wildomar prior to issuance of building permits.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

13. AQ-3: The project applicant shall provide secure bicycle racks. The number and location of bicycle racks must be identified by the project proponent and be approved by the City of Wildomar prior to issuance of building permits.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

210
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Biological Resources

14. BIO-1: Per the Burrowing Owl Survey Instructions for the MSHCP and MSHCP Species -Specific Objective 6, preconstruction
presence/absence surveys for burrowing owl within suitable habitat areas of the project site, shall be conducted within 30 days prior to disturbance. Take of active nests shall be avoided. Passive relocation (use of one-way doors and collapse of burrows) shall occur when owls are present outside the nesting season. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed.

Surveys shall be completed for occupied burrowing owl burrows within all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo.
30 days prior to the
start of ground
disturbing activities
City Planning
Department

15. BIO-2: If burrowing owls are identified during the 30- day preconstruction survey, the applicant shall take the following actions to offset impacts prior to ground disturbance:

Active nests and paired owls exhibiting breeding activities within the areas scheduled for disturbance or degradation shall be avoided from February 1 through August 31, and a minimum 250-meter buffer shall be provided until fledging has occurred. Following fledging, owls may be passively relocated by a qualified biologist.

If impacts on occupied burrows in the non- nesting period are unavoidable, on -site passive relocation techniques may be used if Prior to the start of
ground disturbing
activities
City Planning
Department

211
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

approved by the CDFW to encourage owls to move to alternative burrows outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season. A qualified biologist must verify through noninvasive methods that the burrow is no longer occupied.

If relocation of the owls is approved for the site by the CDFW, the applicant shall hire a qualified biologist to prepare a plan for relocating the owls to a suitable site. The relocation plan must include all of the following:
• The location of the nest and owls proposed for relocation. • The location of the proposed relocation site.
• The number of owls involved and the time of year when the relocation is proposed to take place.
• The name and credentials of the biologist who will be retained to supervise the relocation.
• The proposed method of capture and transport for the owls to the new site.
• A description of site preparation at the relocation site (e.g., enhancement of existing burrows, creation of artificial burrows, one-time or long-term vegetation control).
• A description of efforts and funding support proposed to monitor the relocation.
212
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

16. BIO-3: A qualified biologist shall conduct a preconstruction clearance (trap and release) survey throughout the project site, including a 500- foot buffer (where access is allowed) for coast horned lizard and San Diego black-tailed jackrabbit. If the species are found onsite during the survey, the animals shall be relocated by a qualified biologist. The relocation areas and survey methods shall be developed in consultation with CDFW.

Prior to the start of
ground disturbing
activities
City Planning
Department

17. BIO-4: Impacts to raptors and migratory birds during nesting activities shall be avoided by implementation of one of the following measures:
• All construction, vegetation disturbance, and ground- disturbing activities shall take place outside of the general avian breeding season (February 1-August 30).
• If construction, vegetation disturbance, or ground disturbing activities are necessary during the breeding season (February 1- August 30), a focused survey for active nests of raptors and migratory birds and sign of nesting behavior shall be conducted by a qualified, City -
approved biologist. The survey shall occur no
more than 3 days prior to any construction, vegetation disturbance or ground-
disturbing activities. If active nest(s) (with eggs or
fledglings) are identified within the project site, they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own), as determined by the City-approved biologist. A 500- foot construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest Prior to the start of
ground disturbing
activities
City Planning
Department

213
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence.

18. BIO-5: Prior to the issuance of a grading permit, the project applicant shall submit a detailed restoration plan that mitigates for the loss of approximately 0.36 acre of jurisdictional waters at a ratio acceptable and approved by the resource agencies (i.e., US ACE, RWQCB and CDFW), but no less than 1:1 ratio. The restoration plan shall also be approved by the resource agencies prior to the issuance of a grading permit. The project applicant intends to restore and enhance riverine/riparian habitat on lands owned by the Elsinore Murrieta- Anza Resource Conservation District (EMARCD) located along Clinton Keith Road in Riverside County, or on other lands owned by EMARCD or another conservation district within the watershed if the land along Clinton Keith Road is not available. The restoration and enhancement of habitat is proposed within drainages located on the EMARCD lands to ensure a net gain of riparian/riverine habitat acreage in the region.

A detailed restoration plan will be prepared that will provide a schedule for site preparation and planting. Performance standards will include:
(a) increase the canopy cover of native riverine vegetation within the mitigation area by 25 percent with 80 percent survival of planted species after five years following inst allation, and (b) increase coverage of herbaceous vegetation within the mitigation areas by 25 percent after five years following installation. The restoration plan will also include a maintenance and monitoring schedule for the proposed mitigation.

Prior to issuance of
grading permit.

City Planning
Department

214
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

19. BIO-6: Prior to the issuance of a grading plan, the project applicant shall provide a plan to the City of Wildomar to demonstrate compliance with the MSHCP Urban/Wildlands Interface Guidelines. This plan shall provide provisions to ensure that indirect impacts t o off-site drainage channels and associated riparian/riverine habitats downstream be minimized to the satisfaction of the City of Wildomar.

Prior to issuance of
grading permit.

City Planning
Department

Cultural Resources

20. CUL-1: An archaeological monitor shall be present during all earthmoving activities within the project site. The monitor shall work under the direct supervision of a qualified archaeologist (defined as a cultural resources professional who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology [U.S.

Department of the Interior, 2008]). The monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of any find until the qualified archaeologist can evaluate it. In the event of a new find, excavation and treatment of the resource shall be in accordance with Mitigation Measures CUL-3 through CUL-5.

Prior to issuance of
grading permit
During construction
grading and
excavation
City Planning Director
and Building Official

21. CUL-2: At least 30 days prior to the issuance of a grading permit, the project applicant shall contact both the Pechanga to notify them of grading, excavation, and the monitoring program and to coordinate with the City of Wildomar and the Pechanga to develop a C ultural Resources Treatment and Monitoring Agreement. The agreement shall include, but not be limited to, outlining provisions and requirements for addressing the treatment of cultural resources; project grading and 30 days prior to
issuance of grading
permit
City Planning
Department

215
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

development scheduling; terms of compensation for the monitors; treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site; and establishing on- site monitoring provisions and/or requirements for profes sional tribal monitors during all ground- disturbing activities. A copy of this signed agreement shall be provided to the Planning Director and Building Official prior to the issuance of the first grading permit.

22. CUL-3: Prior the issuance of any grading permit, the project archaeologist shall file a pre- grading report with the City to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. The archaeological monitor and a Pechanga Tribal monitor will have the authority to temporarily halt and redirect grading activities in order to evaluate the significance of any archaeological cultural resources discovered on the project site. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities.

Prior to issuance of
grading permit
City Planning
Department

23. CUL-4: If during grading or construction activities cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by a qualified archaeologist (retained by the applicant) and the Pechanga.

Any unanticipated cultural resources that are discovered shall be evaluated and a final report prepared by the qualified archaeologist.

The report shall include a list of the resources discovered, documentation of each site/locality, and interpretation of the resources Prior to issuance of
grading permit
During grading and
construction
City Planning
Department

216
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

identified, and the method of preservation and/or recovery for identified resources. In the event the significant resources are recovered and if the qualified archaeologist, the Pechanga, and/or Soboba determines the resources to be historical or unique, avoidance and/or mitigation shall be required pursuant to and consistent with CEQA Guidelines Section 15064.5 and 15126.4, Public Resources Code Section 21083.2, and the Cultural Resources Treatment and Monitoring Agreement required by Mitigation Measure CUL-2.

24. CUL-5: All cultural resources, with the exception of sacred items, burial goods, and human remains, which will be addressed in the Cultural Resources Treatment and Monitoring Agreement required by Mitigation Measure CUL-2, collected during the grading monitoring program and from any previous archaeological studies or excavations on the project site shall be curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to the Pecha nga Tribe’s curation facility that meets the standards set forth in 36 Code of Federal Regulations (CFR) Part 79 for federal repositories.

Prior to issuance of
grading permit
City Planning
Department

25. CUL-6: If inadvertent discoveries of cultural or archaeological resources are made, the project applicant, project archaeologist, and Pechanga Tribe shall assess the significance of the resources and meet and confer regarding the appropriate treatment (i.e., preservation, avoidance. and/or mitigation for the resources). Cultural and archaeological resources are inadvertent discoveries when they were not anticipated to be found during the project's construction activities Prior to issuance of
grading permit
City Planning
Department

217
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

(e.g. grading, excavation). This may include previously unknown sacred sites and items, midden deposits, artifacts, hearths. bedrock outcrops. human remains and other resources, etc.

Consistent with California Public Resources Code Section 21083.2(b) and Assembly Bill 52 (Chapter 532. Statutes of 2014), avoidance shall be the preferred method of preservation for tribal cultural resources and archaeological resources. If the project applicant, project archaeologist, and Pechanga Tribe cannot agree on the significance of, avoidance of, or mitigation for such resources, then these issues shall be presented to the Planning Director for determination. The Planning Director shall make the det
ermination based on the information submitted by the
Pechanga Tribe, the religious beliefs, customs, and practices of the Pechanga Tribe, and the provisions of the California Environmental Quality Act regarding tribal cultural and archaeological resources.

Notwithstanding any other rights available under law, the decision of the Planning Director shall be appealable to the Wildomar City Council.

All sacred sites, should they be encountered within the project site, shall be avoided and preserved as the preferred mitigation, if feasible.

26. CUL-7: The project applicant shall retain a qualified paleontologist (in accordance with the Society of Vertebrate Paleontologists) to monitor all initial ground-disturbing activities in native soils or sediments. If the paleontologist, upon observing initial earthwork, determines there is low potential for discovery, no further action shall be required and the paleontologist shall submit a memo to the City confirming findings of low potential.

Prior to issuance of
grading permit
City Planning
Department

218
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

If the qualified paleontologist, upon observing initial earthwork, determines there is a moderate to high potential for discovery, a qualified paleontologist or paleontological monitor (retained by the applicant) shall monitor all mass grading and excavati on activities.

Monitoring will be conducted in areas of grading or excavation in undisturbed formation sediments, as well as where over -excavation of surficial alluvial sediments will encounter these formations in the subsurface. Paleontological monitors s hall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediment that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous units are not present in the subsurface, or if present, are determined on exposure and examination by qualified paleontological personnel to have low potential to contain fossil resources.

Should any paleontological resources (i.e., fossils) be uncovered during project construction activities, all work within a 100- foot radius of the discovery site shall be halted or diverted to other areas on the site and the City shall be immediately notified. The qualified paleontologist shall evaluate the finds and recommend appropriate next steps to ensure that the resource is not substantially adversely impacted, including but not limited to avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures.

Further, ground disturbance shall not resume within a 100 -foot radius 219
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

of the discovery site until an agreement has been reached between the project applicant, the qualified paleontologist, and the City as to the appropriate preservation or mitigation measures to ensure that the resource is not substantially adversely impacted.

27. CUL-8: If human remains are encountered, consistent with California Health and Safety Code Section 7050.5, no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin of the remains. Further, consistent with California Public Resources Code Section 5097.98(b), human remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made.

If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within twenty-four (24) hours. The Native American Heritage Commission shall immediately identify the “most likely desc endant(s)” and notify them of the discovery. The “most likely descendant(s)” shall make recommendations within forty -eight ( 48) hours and engage in consultations with the landowner concerning the treatment of the remains, as provided in Public Resources C ode Section 5097.98 and the Agreement described in CUL-2.

During grading and
excavation
construction
activities
City Planning
Department

28. CUL-9: Any recovered paleontological specimens shall be identified to the lowest taxonomic level possible and prepared for permanent preservation. Screen-washing of sediments to recover small invertebrates and vertebrates shall occur if necessary.

During grading and
excavation
construction
activities
City Planning
Department
220
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

29. CUL-10: Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage shall occur at an institutional repository approved by the City of Wildomar. The paleontological program shall include a written repository agreement prior to the initiation of mitigation activities.

During grading
activities
City Planning
Department

30. CUL-11: A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. The report, when submitted to an accepted by th e City of Wildomar, shall signify satisfactory completion of the project program to mitigation impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.

After grading and
construction
City Planning
Department

Noise

31. NOI-1: The operator of the northern major retail building shall not allow medium-box truck and semi -trucks to engage in unloading activities during nighttime hours of 10 PM through 7 AM.

During grading and
construction
activities
City Building Official

32. NOI-2: Prior to the issuance of a building permit, the project applicant shall submit engineering drawings and acoustical specifications for the project’s mechanical HVAC equipment to demonstrate that the equipment design combined with distance separation and parapets or screen walls would be sufficient to ensure that the applicable City of Prior to issuance of
building permit
City Engineer or
Designee
221
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Wildomar’s noise standards would not be exceeded at any adjacent off- site residential uses.

33. NOI-3: The project applicant shall confine trash pick-up activities at the project site to the hours of 7:00 AM through 10:00 PM, while parking lot sweeping closest to residential uses shall be similarly confined to the hours of 7:00 AM through 10:00 PM.

As needed City Official Designee

34. NOI-4: Prior to the issuance of a building permit for the residential uses within Parcel 3, the project applicant shall include, within building plans, that a 6.5- foot noise wall be constructed around the exterior recreational use patio associated with the community area proposed within Parcel 3.

Prior to issuance of
building permit
City Building and
Safety Department

35. NOI-5: Prior to the issuance of a building permit, the project applicant shall demonstrate through the preparation of a supplemental acoustical analysis that the interior noise threshold of 45 dBA will be met within proposed residences in Parcels 2 and 3.

Prior to issuance of
building permit
City Building and
Safety Department

36. NOI-6: If the project’s restaurants propose an outdoor venue, the following design features shall be implemented to ensure compliance with the City of Wildomar noise/land use compatibility standards:
• Site outdoor eating areas at a setback distance of 350 feet or greater from the I -15 Freeway centerline to provide a 69 dBA CNEL outdoor noise exposure, or
If an outdoor venue were sited at a distance closer than 350 feet from the I -
15 Freeway centerline the following measures would achieve necessary exterior noise mitigation:

Prior to issuance of
building permits
City Building and
Safety Department
222
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

• Orient patios on the east side of the restaurant away from the I-15 Freeway such that the restaurant structure itself would provide needed noise attenuation, or
• Construct a five- foot Plexiglas wall to shield the patios from freeway traffic. The Plexiglas wall shall provide a minimum attenuation in noise levels of 5 dBA.

Transportation and Traffic

37. TRA-1: The following improvements are required to reduce impacts under the existing plus project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Fee (DIF) or pay a pro-rated share of the improvement, as identified below.

Catt Road-Arya Road/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct or provide a fair share prior to the approval of a final map for the modification of the northbound striping to provide a dedicated left turn lane and a shared through/right turn lane. • The project applicant, as directed by the City Engineer, shall construct or provide a fair share prior to the approval of a final map for a separate southbound left turn lane.

Prior to issuance of
first building permit
City Engineer or
Designee

223
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Inland Valley Drive/Prielipp Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the installation of a traffic signal.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for the modification of the westbound striping to provide one through lane and one right turn lane.

I-15 Southbound Ramps/Baxter Road
• The project applicant shall provide its fair share toward the funding of the installation of an interim traffic signal. The fair share contribution shall be determined by the City of Wildomar City Engineer.
• The project applicant shall provide its fair share toward the funding of the addition of an interim separate eastbound right turn lane.

The fair share contribution shall be determined by the City of Wildomar City Engineer.

224
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

38. TRA-2: The following improvements are required to reduce impacts under the existing plus ambient plus project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Impact Fee (DIF) or pay a pro- rated share of the improvement, as identified below.

Catt Road-Arya Road/Clinton Keith Road
Implementation of Mitigation Measure TRA 1 is required.

Inland Valley Drive/Prielipp Road
Implementation of Mitigation Measure TRA 1 is required.

Monte Vista Drive/Baxter Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the installation of a traffic signal.

I-15 Northbound Ramps/Baxter Road
• The project applicant shall provide its fair share toward the funding of the installation of an interim traffic signal. The fair share Prior to issuance of
first building permit
City Engineer or
Designee

225
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

contribution shall be determined by the City of Wildomar City Engineer.
• The project applicant shall provide its fair share toward the funding of the addition of an interim separate eastbound right turn lane.

The fair share contribution shall be determined by the City of Wildomar City Engineer.

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

39. TRA-3: The following improvements are required to reduce impacts under the existing plus ambient plus project plus cumulative (2017) conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully the improvement, construct the improvement, pay the applicable City Development Impact Fee (DIF) or pay a pro- rated share of the improvement, as identified below.

Hidden Springs Road/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for a second southbound left turn lane.

Prior to issuance of
first building permit
City Engineer or
Designee

226
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Catt Road-Arya Road/Clinton Keith Road
• Implementation of Mitigation Measure TRA 1 is required.

Inland Valley Drive/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) for a second westbound through lane.

Inland Valley Drive/Prielipp Road
• Implementation of Mitigation Measure TRA 1 is required.

Monte Vista Drive/Baxter Road
• Implementation of Mitigation Measure TRA 2 is required.

I-15 Northbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA 2 is required.

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA 1 is required.

227
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Northbound I-15 south of Clinton Keith Road
• No feasible mitigation is available.

40. TRA-4: The following improvements would mitigate the deficient intersections to operate at an acceptable level of service. The following improvements are required to reduce impacts under the Horizon Year (2035) with Project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Fee (DIF) or pay a pro- rated share of the improvement, as identified below.

Palomar Street/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for a second southbound left turn lane.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for a separate eastbound right turn lane.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share Prior to issuance of
first building permit
City Engineer or
Designee

228
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

prior to issuance of a building permit for the modification to the traffic signal to provide a westbound right turn overlap phase.

Hidden Springs Road/Clinton Keith Road
• Implementation of Mitigation Measure TRA-3 is required. • The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the modification of the traffic signal to provi de a westbound right turn overlap phase.

Catt Road-Arya Road / Clinton Keith Road
• Implementation of Mitigation Measure TRA-1 is required.

Inland Valley Drive/Clinton Keith Road
• Implementation of Mitigation Measure TRA-3 is required. • The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the modification of the northbound striping to provide one left turn lane and one shared left/right turn lane.

229
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Inland Valley Drive/Prielipp Road
• Implementation of Mitigation Measure TRA-1 is required.

Monte Vista Drive/Baxter Road
• Implementation of Mitigation Measure TRA-2 is required.

I-15 Northbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

Northbound and Southbound I -15 mainline north and south of Clinton Keith Road
• No feasible mitigation is available.

41. TRA-5: Prior to the issuance of a grading permit, the project applicant shall prepare and obtain City approval of a traffic management plan (TMP) to minimize potential impacts during construction. Included among the provisions, the project’s contractor will coor dinate with the City of Wildomar, Riverside County, and local police, fire, and emergency medical service providers regarding construction scheduling and any other practical measures to maintain adequate access to properties and response times. The TMP may also limit construction activity during typical weekday morning and evening peak Prior to issuance of
grading permit
City Planning
Department
230
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

traffic hours that would adversely affect traffic flow along Clinton Keith Road. The TMP shall include contact information for the general public who may have questions concerning the project and access of their property. Two-way traffic flow through the construction zone shall be maintained throughout the construction period.

Prior to Approval of the Final Map (these conditions apply to all phases)

42. Prior to City Council review and approval of the final map, the Applicant shall submit two (2) copies of the proposed Covenants, Conditions, and Restrictions ( CC&R’s) for the entire project area for review and approval by the Planning Director and City Attorney. The CC&R’s shall include methods of maintaining landscaping, parking areas, private roads, exterior of all buildings (if applicable), and all landscaped and open areas including parkways, as well as a provisions indicating that the homeowners association
once activated may not be terminated or
dissolved without the permission of the City. The CC&R’s shall provide that until activation of the homeowners association upon the first sale of a condominium to a homeowner the subdivider shall be responsible for all of the maintenance responsibilities for the project. The CC&R’s shall be in the form and content approved by the Planning Director and City Attorney and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. Said CC&R
’s shall be recorded
concurrently with the final map and a copy of the recorded CC&R’s shall be submitted to the Planning and Engineering Departments within 2 weeks after recordation.

Prior to Approval of
the Final Map Planning Department
231
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

PUBLIC WORKS/ENGINEERING/BUILDING DEPARTMENT CONDITIONS General Requirements / Standard Conditions

1. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amend
ed entitlement
approvals may be necessary as a result.

On-Going Engineering Dept.

2. The developer shall refer to the conditions of approval for any Plot Plan or Grading activities associated with this property..

On-Going Engineering Dept.

3. The Developer shall dedicate, design and construct all improvements in accordance the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, as further conditioned herein and to the satisfaction of the City Engineer.

On-Going Engineering Dept.

4. The Developer shall be responsible for all costs associated with off - site right-of-way acquisition, including any costs associated with the eminent domain process, if necessary.

On-Going Engineering Dept.

5. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit
fees in the benefit district unless said fees are
otherwise deferred or covered under the City’s Community Facility District (CFD Services).

On-Going Engineering Dept.

232
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

6. The improvement plans for the required public improvements must be prepared and shall be based upon a design profile extending a minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer.

On-Going Engineering Dept.

7. All above- ground utilities, including but not limited to communication and power that are 33KV in size or less, shall be undergrounded by the developer in accordance with City requirements. The undergrounding of utilities shall be reflected on the project improvement plans.

On-Going Engineering Dept.

8. All flood control plans to be reviewed by the City or the Riverside County Flood Control District (RCFCD) shall be submitted through the City of Wildomar, unless otherwise directed by the City Engineer. For projects requiring RCFCD review the developer shall pay the appropriate fees to RCFCD.

On-Going Engineering Dept.

9. The Developer shall provide the Engineering Department evidence of compliance with the National Pollutant Discharge Elimination System (NPDES); obtain a construction permit from the State Water Resource Control Board (SWRRCB); and, reference the WDID number on the improvement plans.

Prior to Issuance of
a Grading Permit
Engineering Dept.

10. A licensed engineer shall prepare and submit a Water Quality Management Plan (WQMP) Applicability Checklist; determine if a WQMP is applicable for this project’s offsite improvements; and, sign and stamp the WQMP checklist with their license seal.

Prior to Issuance of
a Grading Permit
Engineering Dept.
233
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

11. The developer shall prepare and submit a comprehensive drainage study and plan that analyzes existing or proposed offsite drainage facilities.

Prior to Issuance of
a Grading Permit
Engineering Dept.

12. For the residential portion of the project, the City Engineer has made the following determinations:
a) the project applicant shall construct the improvements to Catt Road-Arya Road/Clinton Keith Road as identified in TRA- 1 prior to the issuance of the first certificate of occupancy of a residential unit; and
b) the project applicant shall pay a pro- rata share of the remaining improvements identified in TRA- 1 through TRA -4, as such measures are updated in accordance with the Westpark Traffic Evaluation- 0356-0001 (July 19, 2021) and Westpark Residential Fair Share Cost Evaluation- 0356-0001 (July 27, 2021).” On-Going Engineering Dept.

Prior to Recordation of the Final Map

13. The developer shall annex into the City’s Community Facility District (CFD Services) and pay associated costs for annexation. Should this project lie within any assessment/benefit district that duplicates the services to be covered under CFD Services then the developer shall de-annex from said assessment/benefit district.

Prior to
Recordation of
Final Map
Engineering Dept.

14. Improvement plans shall be prepared, processed, and approved.

Construct the improvements; or execute an Improvement Agreement and Improvement Security with each final map. This condition shall be in conformance with local regulations and the Subdivision Map Act.

Prior to each Final
Map Approval
Engineering Dept.
234
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

15. The developer shall dedicate, design and construct streetlights in accordance with the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Ordinances and to the satisfaction of the City Engineer.

Prior to
Recordation of
each Final Map or
First Building
Permit for each
Parcel of TPM
36612
Engineering Dept.

16. The developer shall dedicate a public utility easement adjacent to all public and private streets for overhead and/or underground facilities and appurtenances to the satisfaction of the City Engineer.

Prior to
Recordation of
each Final Map or
First Building
Permit for each
Parcel of TPM
36612
Engineering Dept.

17. The developer shall submit landscaping and irrigation plans within the public right -of-way to the Planning Department. These plans shall include water usage calculations, estimate of irrigation and the location of all existing trees that will remain. All plans and calculations shall be designed and calculated per the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Codes and to the satisfaction of the City Engineer.

Prior to
Recordation of
each Final Map or
First Building
Permit for each
Parcel of TPM
36612
Engineering Dept.

Planning Dept.

235
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Prior to Recordation of the Final Map – Project Specific

18. Comply with the applicable Mitigation Measures associated with the EIR Mitigation Monitoring and Reporting Program (MMRP). The following project specific conditions do not negate the requirements of the MMRP. Should a conflict arise in language between the MMRP and the Project Specific conditions, the stricter interpretation shall apply as determined by the City Engineer.

Prior to
Recordation of
each Final Map
Engineering Dept.

Public Works Dept.

19. The developer shall submit to the City Engineer traffic control plans for any construction work that impacts public roads to ensure the continued flow of traffic during construction.

Prior to
Recordation of
each Final Map or
First Building
Permit for each
Parcel of TPM
36612
Engineering Dept.

Public Works Dept.

20. Subject to Section 66462.5 of the Subdivision Map Act, the developer shall dedicate, design and construct or guarantee construction of Westpark Street. Right of way will be based on a 74’ Collector Street, Standard No. 103, in accordance with the City of Wildomar Improvement Standards & Specifications and to the satisfaction of the City Engineer. A zero curb raised street pavement traffic calming speed table shall be provided at the three proposed cross street/drive intersections. Refer to Tract Map 36781, Tract Map 36782 and Plot Plan for intersection locations.

Prior to
Recordation of first
Final Map or First
Building Permit
Engineering Dept.
236
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

21. The developer shall acquire and dedicate, subject to Section 66462.5 of the Subdivision Map Act, a 10’ wide Pedestrian corridor between Clinton Keith Road and Catt Road across Parcel 0264-005A and Parcel 0264-005C per Instrument Numbers 2013-0282061 and 2013-0282059 respectively prior to the first occupancy permit. The improvements shall be in accordance with the City of Wildomar Road Improvement Standards & Specification to the satisfaction of the City Engineer.

Prior to first
Certificate of
Occupancy
Engineering Dept.

22. Subject to Section 66462.5 of the Subdivision Map Act, the developer shall dedicate, design, and construct or guarantee the construction of the following prior to the first occupancy permit:
• Catt Road from Westpark Street to Arya Drive based on a modified Collector Street, Standard No. 103 within the existing 60’ right of way. The street section modification removes curb, gutter, sidewalk on one side of the street replaced with curb, gutter and a landscaped parkway.
• The developer shall acquire and dedicate the right of way required construct the knuckle at Catt Road and Westpark Street, Standard No. 801.
• The developer shall design and construct the 10’ wide Pedestrian corridor between Clinton Keith Road and Catt Road. A zero curb raised street pavement traffic calming speed table shall be provided across Catt Road to provide connection to the gated access on the north side of the road to the existing development westerly of the project.

Prior to
Recordation of first
Final Map or First
Building Permit
Engineering Dept.
237
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

• The improvements shall be in accordance with the City of Wildomar Road Improvement Standards & Specification to the satisfaction of the City Engineer.

23. Subject to Section 66462.5 of the Subdivision Map Act, the developer shall dedicate, design, and construct or guarantee the construction (which will include entering into a subdivision improvement agreement) for Arya Drive. Right of way will be based on a 74’ Collector Street, Modified Standard No. 103, in accordance with the City of Wildomar Improvement Standards & Specifications and to the satisfaction of the City Engineer. Geometrics may include two 10’ wide parkways; 14’ wide northbound thru lane; 1 4’ wide raised median; 12’ wide southbound to eastbound left turn lane; and, 14’ southbound shared thru and right turn lane.

Prior to
Recordation of
Final Map or First
Building Permit
Engineering Dept.

24. Subject to Section 66462.5 of the Subdivision Map Act, the developer shall design, and construct or guarantee (which will include entering into a subdivision improvement agreement) for the construction of a modified traffic signal at Clinton Keith Road and Arya Drive in accordance with the City of Wildomar Road Improvement Standards and Specifications to the satisfaction of the City Engineer.

Prior to
Recordation of first
Final Map or First
Building Permit
Engineering Dept.

238
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions

1. For residential areas, approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 1-hour duration at 20 PSI.

On-Going Fire Department

2. All residential structures shall have fire sprinklers installed. On-Going Fire Department

3. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval.

On-Going Fire Department

4. Fire apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standards. Access lanes shall be constructed with a surface so as to provide all weather driving capabilities.

On-Going Fire Department

5. Blue dot retro -reflectors pavement markers on private, public streets and driveways to indicated location of the fire hydrant shall be per Standard 06-11.

On-Going Fire Department

6. The Proposed project may have a cumulative adverse impact on the Fire Department’s ability to provide an acceptable level of service. These impacts include an increase in the number of On-Going Fire Department
239
ATTACHMENT A – EXHIBIT 1

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: TENTATIVE PARCEL MAP NO. 36612
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
TPM No. 36612 New Expiration Date – Dec. 14, 2022
TPM No. 36612 New Expiration Date – Dec. 14, 2024
TPM No. 36612 Final Expiration Date – Dec. 14, 2025
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

emergency and public service calls due to the increased presence of structures, traffic and population. The project proponents/developers will be expected to provide for a proportional mitigation to these impacts via capital improvements and/or impact fees.

END
240
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

PLANNING DEPARTMENT CONDITIONS
General / Standard Conditions (these conditions apply to all phases of development)

1. In compliance with Section 15094 of the CEQA Guidelines, a Notice of Determination (NOD) 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 California Department of Fish and Wildlife (Fish and Game Code Section 711.4.d.3) fee, and the Riverside County Clerk administrative fee (paid by the Applicant) in the amount of $3,120.00. Failure to pay the required fee will result in the project being deemed null a nd void (California Fish and Game Code Section 711.4(c)). The above fee is broken down as follows:
a. California Department of Fish and Wildlife = $3,070.00 b. Riverside County Clerk Administrative Fee = $50.00

December 21, 2016

Planning Department

2. The Applicant shall review, and sign below verifying the “Acceptance of the Revised Conditions of Approval” and return the signed page to the Wildomar Planning Department within two weeks of the Planning Commission approval.

Applicant Signature Date
October 2, 2024 Planning Department

241
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

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 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, Code of Civil Procedure Section 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 Ongoing Planning Department
242
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

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 Act ion 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 Ci
ty’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 EOT #1 for Plot Plan No. 13- 0082 shall expire on December 14, 2025 if grading and/or building permits have not been issued and substantial construction work has commenced on the project site. If Plot Plan No. 13-0082 has not commenced construction by the new expiration date, the plot plan approval becomes null and void.

December 14, 2025

Planning Department

5. Plot Plan No. 13- 0082 shall not become effective until 30 days after the second reading of the Ordinance approving Change of Zone No. 13-0082 by the City Council. No final map, grading or building permits shall be issued until after the effective date of the Change of Zone.

February 11, 2017 Planning Department

6. In accordance with Section 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 to the Applicant that the 90- day appeal hereby begins with approval of this project.

March 14, 2017 Planning Department

243
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

7. Within 60 days of the Westpark Promenade Mixed- Use development project (Planning Application No. 13- 0082) Change of Zone approval by the City Council, the Applicant shall pay any outstanding deposit account balances. Failure to pay the outstanding balance by the due date may result in delays in the submittal of final map, grading plans, improvement plans and/or building/construction plans.

February 14, 2017 Planning Department

8. If the Westpark Promenade Mixed-Use development project (PA No. 13-0082) is not constructed at the same time, the remaining vacant lots shall be landscaped with a drought tolerant hydro seed mix that is native to the Wildomar region. This area shall be allowed to have above ground/temporary irrigation to water the landscaping. The purpose of this condition is to man age dust control issues. The Applicant shall submit a “landscape plan” for Planning Department review and approval prior to installation. Said landscaping and irrigation shall be fully functional and operational prior to the issuance of a final certificate of occupancy for the site, and be required to be maintained for the as long as the remaining lots are vacant.

On-Going Planning Department

9. Applicant hereby understands and agrees that failure to comply with all Conditions of Approval may result in the Planning Commission taking action resulting in a modification to the Conditions of Approval and/or suspension or revocation of the plot plan and/or conditional use permit.

On-Going Planning Department

10. The project shall be developed in accordance with the approved plot plan approved by the City Council on December 14, 2016, o r as amended. The Applicant may request a modification/revision to the Ongoing Planning Department
244
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

approved project, if needed, in accordance with Sections 17.228 of the Wildomar Municipal Code. The plot plan consists of three planning areas (Parcel 1: Commercial Retail and Parcels 2 and 3: Single family Condominium areas) with related on- site/off-site improvements and amenities. Each Parcel within the approved plot plan will be developed in accordance with these applicable conditions and the conditions of the attendant tentative tract map for that Parcel.

11. 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 Dept.

12. All grading shall conform to the California Building Code and all other relevant laws, rules, and regulations governing grading in the City of Wildomar. Prior to commencing any grading which includes 50 or more cubic yards, the developer shall obtain a grading permit from the Building Dept.

On-Going Planning &
Engineering Depts.

13. Erosion control -landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded (refer to dept. form 284-47). Planting shall occur within 30 days of meeting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. The developer shall plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the City Engineer.

On-Going Planning &
Engineering Depts.

245
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

14. The Applicant is prohibited from using any sort of blasting device or activity during all grading and/or construction operations. On-Going Planning Department

15. The proposed development approved by the City Council shall comply with the standards and requirements of the City’s Light Pollution Ordinance in accordance with Section 8.64 of the WMC.

On-Going Planning Department

16. As required by Chapter 8.56 of the WMC, subsequent development on the site will need to comply with the County of Riverside, Department of Environmental Health, Local Enforcement Agency (LEA) for all activities related to potential hazardous materials.

On-Going Planning Department

17. The Applicant shall provide one (1) 220 v. electric vehicle plug in fixture in each enclosed garage of the s ingle-family condominium units in accordance with the provisions of the Cal Green Building Code.

On-Going Planning & Building
Departments

18. The Applicant shall comply with all provisions of the Cal -Green Building Code, including but not limited to, bicycle parking, bike lockers, electric vehicle plug- in stations, etc. throughout the commercial retail center. This information shall be shown on the construction documents and verified by the Planning Department prior to the issuance of building permits.

On-Going Planning & Building
Departments

19. The Applicant shall be subject to, and comply with, the following four (4) state mandated codes/ordinances including all other applicable state & local codes/ordinances already in effect:
• California Building Code, Chapter 7A;
• California Residential Code, Section R327;
On-Going Planning & Fire
Departments
246
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

• California Referenced Standards Code, Chapter 12-7A; and • California Fire Code, Chapter 49.
(added by the City Council on December 14, 2016)
CEQA / Environmental Impact Report (EIR) Mitigation Measures: (these mitigation measures apply to all phases) Air Quality Resources

20. AQ-1: The applicant, in coordination with the City, shall cooperate with local transit agencies to determine bus routing in the project area that can accommodate bus stop(s) at the project access points. The project shall provide bus passenger benches and shelters at any approved locations.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

21. AQ-2: The project applicant shall provide preferred parking for low - emitting and fuel efficient vehicles. The number and location of preferred parking spaces must be identified by the project proponent and be approved by the City of Wildomar prior to issuance of building permits.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

22. AQ-3: The project applicant shall provide secure bicycle racks. The number and location of bicycle racks must be identified by the project proponent and be approved by the City of Wildomar prior to issuance of building permits.

Prior to issuance of
building permit
City Planning and
Building and Safety
Departments

247
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Biological Resources

23. BIO-1: Per the Burrowing Owl Survey Instructions for the MSHCP and MSHCP Species -Specific Objective 6, preconstruction
presence/absence surveys for burrowing owl within suitable habitat areas of the project site, shall be conducted within 30 days prior to disturbance. Take of active nests shall be avoided. Passive relocation (use of one-way doors and collapse of burrows) shall occur when owls are present outside the nesting season. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed.

Surveys shall be completed for occupied burrowing owl burrows within all construction areas and within 500 feet (150 meters) of the project work areas (where possible and appropriate based on habitat). All occupied burrows will be mapped on an aerial photo.

30 days prior to the
start of ground
disturbing activities
City Planning
Department

24. BIO-2: If burrowing owls are identified during the 30 -day preconstruction survey, the applicant shall take the following actions to offset impacts prior to ground disturbance:

Active nests and paired owls exhibiting breeding activities within the areas scheduled for disturbance or degradation shall be avoided from February 1 through August 31, and a minimum 250-meter buffer shall Prior to the start of
ground disturbing
activities
City Planning
Department

248
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

be provided until fledging has occurred. Following fledging, owls may be passively relocated by a qualified biologist.

If impacts on occupied burrows in the non- nesting period are unavoidable, on- site passive relocation techniques may be used if approved by the CDFW to encourage owls to move to alternative burrows outside of the impact area. However, no occupied burrows shall be disturbed during the nesting season. A qualified biologist must verify through noninvasive methods that the burrow is no longer occupied.

If relocation of the owls is approved for the site by the CDFW, the applicant shall hire a qualified biologist to prepare a plan for relocating the owls to a suitable site. The relocation plan must include all of the following:
• The location of the nest and owls proposed for relocation. • The location of the proposed relocation site.
• The number of owls involved and the time of year when the relocation is proposed to take place.
• The name and credentials of the biologist who will be retained to supervise the relocation.
• The proposed method of capture and transport for the owls to the new site.
• A description of site preparation at the relocation site (e.g., enhancement of existing burrows, creation of artificial burrows, one-time or long-term vegetation control).
249
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

• A description of efforts and funding support proposed to monitor the relocation.

25. BIO-3: A qualified biologist shall conduct a preconstruction clearance (trap and release) survey throughout the project site, including a 500- foot buffer (where access is allowed) for coast horned lizard and San Diego black-tailed jackrabbit. If the species are found onsite during the survey, the animals shall be relocated by a qualified biologist. The relocation areas and survey methods shall be developed in consultation with CDFW.

Prior to the start of
ground disturbing
activities
City Planning
Department

26. BIO-4: Impacts to raptors and migratory birds during nesting activities shall be avoided by implementation of one of the following measures:
• All construction, vegetation disturbance, and ground -disturbing activities shall take place outside of the general avian breeding season (February 1-August 30).
• If construction, vegetation disturbance, or ground disturbing activities are necessary during the breeding season (February 1- August 30), a focused survey for active nests of raptors and migratory birds and sign of nesting behavior shall be conducted by a qualified, City-approved biologist. The survey shall occur no more than 3 days prior to any construction, vegetation
disturbance or ground-disturbing activities. If active nest(s) (with eggs or fledglings) are identified within the project site, they shall not be disturbed until the young have hatched and fledged (matured to a state that they can leave the nest on their own), as determined by the City -approved biologist. A 500 -foot Prior to the start of
ground disturbing
activities
City Planning
Department

250
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

construction setback from any active nesting location shall be adhered to in order to avoid disturbance of the nest until the young have fledged or the nest has failed, as determined by a qualified biologist. If no active nests are identified, construction may commence.

27. BIO-5: Prior to the issuance of a grading permit, the project applicant shall submit a detailed restoration plan that mitigates for the loss of approximately 0.36 acre of jurisdictional waters at a ratio acceptable and approved by the resource agencies (i.e., US ACE, RWQCB and CDFW), but no less than 1:1 ratio. The restoration plan shall also be approved by the resource agencies prior to the issuance of a grading permit. The project applicant intends to restore and enhance riverine/riparian habitat on lands owned by the Elsinore Murrieta-Anza Resource Conservation District (EMARCD) located along Clinton Keith Road in Riverside County, or on other lands owned by EMARCD or another conservation district within the watershed if the land along Clinton Keith Road is not available. The restoration and enhancement of habitat is proposed within drainages located on the EMARCD lands to ensure a net gain of riparian/riverine habitat acreage in the region.

A detailed restoration plan will be prepared that will provide a schedule for site preparation and planting. Performance standards will include:
(a) increase the canopy cover of native riverine vegetation within the mitigation area by 25 percent with 80 pe
rcent survival of planted
species after five years following installation, and (b) increase coverage of herbaceous vegetation within the mitigation areas by 25 Prior to issuance of
grading permit.

City Planning
Department

251
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

percent after five years following installation. The restoration plan will also include a maintenance and monitoring schedule for the proposed mitigation.

28. BIO-6: Prior to the issuance of a grading plan, the project applicant shall provide a plan to the City of Wildomar to demonstrate compliance with the MSHCP Urban/Wildlands Interface Guidelines. This plan shall provide provisions to ensure that indirect impacts t o off-site drainage channels and associated riparian/riverine habitats downstream be minimized to the satisfaction of the City of Wildomar.

Prior to issuance of
grading permit.

City Planning
Department

Cultural Resources

29. CUL-1: An archaeological monitor shall be present during all earthmoving activities within the project site. The monitor shall work under the direct supervision of a qualified archaeologist (defined as a cultural resources professional who meets the Secretary of the Interior’s Professional Qualifications Standards for archaeology [U.S.

Department of the Interior, 2008]). The monitor shall be empowered to temporarily halt or redirect construction work in the vicinity of any find until the qualified archaeologist can evaluate it. In the event of a new find, excavation and treatment of the resource shall be in accordance with Mitigation Measures CUL-3 through CUL-5.

Prior to issuance of
grading permit
During construction
grading and
excavation
City Planning Director
and Building Official

30. CUL-2: At least 30 days prior to the issuance of a grading permit, the project applicant shall contact both the Pechanga to notify them of grading, excavation, and the monitoring program and to coordinate with the City of Wildomar and the Pechanga to develop a C ultural 30 days prior to
issuance of grading
permit
City Planning
Department
252
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Resources Treatment and Monitoring Agreement. The agreement shall include, but not be limited to, outlining provisions and requirements for addressing the treatment of cultural resources; project grading and development scheduling; terms of compensation for the monitors; treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site; and establishing on-site monitoring provisions and/or requirements for professional tribal monitors during all ground- disturbing activities. A copy of this signed agreement shall be provided to the Planning Director and Building Official prior to the issuance of the first grading permit.

31. CUL-3: Prior the issuance of any grading permit, the project archaeologist shall file a pre- grading report with the City to document the proposed methodology for grading activity observation which will be determined in consultation with the Pechanga Tribe. The archaeological monitor and a Pechanga Tribal monitor will have the authority to temporarily halt and redirect grading activities in order to evaluate the significance of any archaeological cultural resources discovered on the project site. Tribal and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities.

Prior to issuance of
grading permit
City Planning
Department

32. CUL-4: If during grading or construction activities cultural resources are discovered on the project site, work shall be halted immediately within 50 feet of the discovery and the resources shall be evaluated by a qualified archaeologist (retained by the applicant) and the Pechanga.

Prior to issuance of
grading permit
During grading and
construction
City Planning
Department
253
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Any unanticipated cultural resources that are discovered shall be evaluated and a final report prepared by the qualified archaeologist.

The report shall include a list of the resources discovered, documentation of each site/locality, and interpretation of the resources identified, and the method of preservation and/or recovery for identified resources. In the event the significant resources are recovered and if the qualified archaeologist, the Pechanga, and/or Soboba determines the resources to be historical or unique, avoidance and/or mitigation shall be required pursuant to and consistent with CEQA Guidelines Section 15064.5 and 15126.4, Public Resources Code Section 21083.2, and the Cultural Resources Treatment and Monitoring Agreement required by Mitigation Measure CUL-2.

33. CUL-5: All cultural resources, with the exception of sacred items, burial goods, and human remains, which will be addressed in the Cultural Resources Treatment and Monitoring Agreement required by Mitigation Measure CUL- 2, collected during the grading monitoring program and from any previous archaeological studies or excavations on the project site shall be curated according to the current professional repository standards. The collections and associated records shall be transferred, including title, to the Pechanga Tribe’s curation facility that meets the standards set forth in 36 Code of Federal Regulations (CFR) Part 79 for federal repositories.

Prior to issuance of
grading permit
City Planning
Department

254
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

34. CUL-6: If inadvertent discoveries of cultural or archaeological resources are made, the project applicant, project archaeologist, and Pechanga Tribe shall assess the significance of the resources and meet and confer regarding the appropriate treatment (i.e., preservation, avoidance. and/or mitigation for the resources). Cultural and archaeological resources are inadvertent discoveries when they were not anticipated to be found during the project's construction activities (e.g. grading, excavation). This may inclu de previously unknown sacred sites and items, midden deposits, artifacts, hearths. bedrock outcrops. human remains and other resources, etc.

Consistent with California Public Resources Code Section 21083.2(b) and Assembly Bill 52 (Chapter 532. Statutes of 2014), avoidance shall be the preferred method of preservation for tribal cultural resources and archaeological resources. If the project app
licant, project
archaeologist, and Pechanga Tribe cannot agree on the significance of, avoidance of, or mitigation for such resources, then these issues shall be presented to the Planning Director for determination. The Planning Director shall make the det
ermination based on the
information submitted by the Pechanga Tribe, the religious beliefs, customs, and practices of the Pechanga Tribe, and the provisions of the California Environmental Quality Act regarding tribal cultural and archaeological resources. Notwithstanding any other rights available under law, the decision of the Planning Director shall be appealable to the Wildomar City Council. All sacred sites, should they be encountered within the project site, shall be avoided and preserved as the preferred mitigation, if feasible.

Prior to issuance of
grading permit
City Planning
Department

255
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

35. CUL-7: The project applicant shall retain a qualified paleontologist (in accordance with the Society of Vertebrate Paleontologists) to monitor all initial ground-disturbing activities in native soils or sediments. If the paleontologist, upon observing initial earthwork, determines there is low potential for discovery, no further action shall be required, and the paleontologist shall submit a memo to the City confirming findings of low potential.

If the qualified paleontologist, upon observing initial earthwork, determines there is a moderate to high potential for discovery, a qualified paleontologist or paleontological monitor (retained by the applicant) shall monitor all mass grading and excavati on activities.

Monitoring will be conducted in areas of grading or excavation in undisturbed formation sediments, as well as where over-excavation of surficial alluvial sediments will encounter these formations in the subsurface. Paleontological monitors s hall be equipped to salvage fossils as they are unearthed to avoid construction delays and to remove samples of sediment that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor must be empowered to temporarily halt or divert equipment to allow removal of abundant or large specimens in a timely manner. Monitoring may be reduced if the potentially fossiliferous
units are not present in the
subsurface, or if present, are determined on exposure and examination by qualif ied paleontological personnel to have low potential to contain fossil resources.

Should any paleontological resources (i.e., fossils) be uncovered during project construction activities, all work within a 100 -foot radius Prior to issuance of
grading permit
City Planning
Department

256
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

of the discovery site shall be halted or diverted to other areas on the site and the City shall be immediately notified. The qualified paleontologist shall evaluate the finds and recommend appropriate next steps to ensure that the resource is not substanti ally adversely impacted, including but not limited to avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. Further, ground disturbance shall not resume within a 100- foot radius of the discover y site until an agreement has been reached between the project applicant, the qualified paleontologist, and the City as to the appropriate preservation or mitigation measures to ensure that the resource is not substantially adversely impacted.

36. CUL-8: If human remains are encountered, consistent with California Health and Safety Code Section 7050.5, no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin of the remains. Further, consistent with California Public Resources Code Section 5097.98(b), human remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made.

If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within twenty-four (24) hours. The Native American Heritage Commission shall immediately identify the “most likely descendant(s)” and notify them of the discovery. The “most likely descendant(s)” shall make recommendations within forty -eight ( 48) hours, and engage in During grading and
excavation
construction
activities
City Planning
Department

257
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

consultations with the landowner concerning the treatment of the remains, as provided in Public Resources Code Section 5097.98 and the Agreement described in CUL-2.

37. CUL-9: Any recovered paleontological specimens shall be identified to the lowest taxonomic level possible and prepared for permanent preservation. Screen- washing of sediments to recover small invertebrates and vertebrates shall occur if necessary.

During grading and
excavation
construction
activities
City Planning
Department

38. CUL-10: Identification and curation of specimens into a professional, accredited public museum repository with a commitment to archival conservation and permanent retrievable storage shall occur at an institutional repository approved by the City of Wildomar. The paleontological program shall include a written repository agreement prior to the initiation of mitigation activities.

During grading
activities
City Planning
Department

39. CUL-11: A final monitoring and mitigation report of findings and significance shall be prepared, including lists of all fossils recovered and necessary maps and graphics to accurately record their original location. The report, when submitted to an accepted by the City of Wildomar, shall signify satisfactory completion of the project program to mitigation impacts to any potential nonrenewable paleontological resources (i.e., fossils) that might have been lost or otherwise adversely affected without such a program in place.

After grading and
construction
City Planning
Department

258
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Noise

40. NOI-1: The operator of the northern major retail building shall not allow medium-box truck and semi -trucks to engage in unloading activities during nighttime hours of 10 PM through 7 AM.

During grading and
construction
activities
City Building Official

41. NOI-2: Prior to the issuance of a building permit, the project applicant shall submit engineering drawings and acoustical specifications for the project’s mechanical HVAC equipment to demonstrate that the equipment design combined with distance separation and parapets, or screen walls would be sufficient to ensure that the applicable City of Wildomar’s noise standards would not be exceeded at any adjacent off-site residential uses.

Prior to issuance of
building permit
City Engineer or
Designee

42. NOI-3: The project applicant shall confine trash pick -up activities at the project site to the hours of 7:00 AM through 10:00 PM, while parking lot sweeping closest to residential uses shall be similarly confined to the hours of 7:00 AM through 10:00 PM.

As needed City Official Designee

43. NOI-4: Prior to the issuance of a building permit for the residential uses within Parcel 3, the project applicant shall include, within building plans, that a 6.5- foot noise wall be constructed around the exterior recreational use patio associated with the community area proposed within Parcel 3.

Prior to issuance of
building permit
City Building and
Safety Department

44. NOI-5: Prior to the issuance of a building permit, the project applicant shall demonstrate through the preparation of a supplemental acoustical analysis that the interior noise threshold of 45 dBA will be met within proposed residences in Parcels 2 and 3.

Prior to issuance of
building permit
City Building and
Safety Department
259
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

45. NOI-6: If the project’s restaurants propose an outdoor venue, the following design features shall be implemented to ensure compliance with the City of Wildomar noise/land use compatibility standards:
• Site outdoor eating areas at a setback distance of 350 feet or greater from the I -15 Freeway centerline to provide a 69 dBA CNEL outdoor noise exposure, or
If an outdoor venue were sited at a distance closer than 350 feet from the I -
15 Freeway centerline the following measures would achieve necessary exterior noise mitigation:
• Orient patios on the east side of the restaurant away from the I - 15 Freeway such that the restaurant structure itself would provide needed noise attenuation, or
• Construct a five- foot Plexiglas wall to shield the patios from freeway traffic. The Plexiglas wall shall provide a minimum attenuation in noise levels of 5 dBA.

Prior to issuance of
building permits
City Building and
Safety Department

Transportation and Traffic

46. TRA-1: The following improvements are required to reduce impacts under the existing plus project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Fee (DIF) or pay a pro-rated share of the improvement, as identified below.

Prior to issuance of
first building permit
City Engineer or
Designee
260
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Catt Road-Arya Road/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct or provide a fair share prior to the approval of a final map for the modification of the northbound striping to provide a dedicated left turn lane and a shared through/right turn lane. • The project applicant, as directed by the City Engineer, shall construct or provide a fair share prior to the approval of a final map for a separate southbound left turn lane.

Inland Valley Drive/Prielipp Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the installation of a traffic signal.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for the modification of the westbound striping to provide one through lane and one right turn lane.

I-15 Southbound Ramps/Baxter Road
• The project applicant shall provide its fair share toward the funding of the installation of an interim traffic signal. The fair share 261
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

contribution shall be determined by the City of Wildomar City Engineer.

The project applicant shall provide its fair share toward the funding of the addition of an interim separate eastbound right turn lane. The fair share contribution shall be determined by the City of Wildomar City Engineer.

47. TRA-2: The following improvements are required to reduce impacts under the existing plus ambient plus project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Impact Fee (DIF) or pay a pro- rated share of the improvement, as identified below.

Catt Road-Arya Road/Clinton Keith Road
Implementation of Mitigation Measure TRA 1 is required.

Inland Valley Drive/Prielipp Road
Implementation of Mitigation Measure TRA 1 is required.

Monte Vista Drive/Baxter Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable Prior to issuance of
first building permit
City Engineer or
Designee

262
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

City Development Impact Fee (DIF) prior to issuance of a building permit for the installation of a traffic signal.

I-15 Northbound Ramps/Baxter Road
• The project applicant shall provide its fair share toward the funding of the installation of an interim traffic signal. The fair share contribution shall be determined by the City of Wildomar City Engineer.
• The project applicant shall provide its fair share toward the funding of the addition of an interim separate eastbound right turn lane. The fair share contribution shall be determined by the City of Wildomar City Engineer.

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

48. TRA-3: The following improvements are required to reduce impacts under the existing plus ambient plus project plus cumulative (2017) conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully the improvement, construct the improvement, pay the applicable City Development Impact Fee (DIF) or pay a pro- rated share of the improvement, as identified below.

Prior to issuance of
first building permit
City Engineer or
Designee
263
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Hidden Springs Road/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for a second southbound left turn lane.

Catt Road-Arya Road/Clinton Keith Road
• Implementation of Mitigation Measure TRA 1 is required.

Inland Valley Drive/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) for a second westbound through lane.

Inland Valley Drive/Prielipp Road
• Implementation of Mitigation Measure TRA 1 is required.

Monte Vista Drive/Baxter Road
• Implementation of Mitigation Measure TRA 2 is required.

I-15 Northbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA 2 is required. 264
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA 1 is required.

Northbound I-15 south of Clinton Keith Road
• No feasible mitigation is available.

49. TRA-4: The following improvements would mitigate the deficient intersections to operate at an acceptable level of service. The following improvements are required to reduce impacts under the Horizon Year (2035) with Project conditions on the study area intersections. For each improvement, the project applicant, as directed by the City Engineer, shall either fully fund the improvement, construct the improvement, pay the applicable City Development Fee (DIF) or pay a pro-rated share of the improvement, as identified below.

Palomar Street/Clinton Keith Road
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for a second southbound left turn lane.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share Prior to issuance of
first building permit
City Engineer or
Designee

265
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

prior to issuance of a building permit for a separate eastbound right turn lane.
• The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay a fair share prior to issuance of a building permit for the modification to the traffic signal to provide a westbound right turn overlap phase.

Hidden Springs Road/Clinton Keith Road
• Implementation of Mitigation Measure TRA-3 is required. • The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building permit for the modification of the traffic signal to provi de a westbound right turn overlap phase.

Catt Road-Arya Road / Clinton Keith Road
• Implementation of Mitigation Measure TRA-1 is required.

Inland Valley Drive/Clinton Keith Road
• Implementation of Mitigation Measure TRA-3 is required. • The project applicant, as directed by the City Engineer, shall construct prior to the approval of a final map or pay the applicable City Development Impact Fee (DIF) prior to issuance of a building 266
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

permit for the modification of the northbound striping to provide one left turn lane and one shared left/right turn lane.

Inland Valley Drive/Prielipp Road
• Implementation of Mitigation Measure TRA-1 is required.

Monte Vista Drive/Baxter Road
• Implementation of Mitigation Measure TRA-2 is required.

I-15 Northbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

I-15 Southbound Ramps/Baxter Road
• Implementation of Mitigation Measure TRA-1 is required.

Northbound and Southbound I -15 mainline north and south of Clinton Keith Road
• No feasible mitigation is available.

50. TRA-5: Prior to the issuance of a grading permit, the project applicant shall prepare and obtain City approval of a traffic management plan (TMP) to minimize potential impacts during construction. Included among the provisions, the project’s contractor will coor dinate with the City of Wildomar, Riverside County, and local police, fire, and Prior to issuance of
grading permit
City Planning
Department

267
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

emergency medical service providers regarding construction scheduling and any other practical measures to maintain adequate access to properties and response times. The TMP may also limit construction activity during typical weekday morning and evening peak traffic hours that would adversely affect traffic flow along Clinton Keith Road. The TMP shall include contact information for the general public who may have questions concerning the project and access of their property. Two-way traffic flow through the construction zone shall be maintained throughout the construction period.

Prior to the Issuance of Grading Permits (these conditions apply to all phases)

51. Prior to the issuance of a grading permit for each “planning area” (i.e., Commercial Retail Center, and each Single-family Condominium area)
, the applicant shall submit two (2) sets of detailed/complete landscape and irrigation construction drawings for that planning area to the Planning Department including on- site and public right -of-way and shall include a fence/wall plan for review and approval by the Planning Department. Said landscape and irrigation plans shall be prepared by a licensed Landscape Architect and shall comply with all requirements of Section 17.276 (Water Efficient Landscapes) of the Wildomar Municipal Code, and EVMWD’s Water Efficient Landscape Standards as adopted by the City Council on November 12, 2015. The landscape plans shall include the following:

a) Landscape plans shall be drawn at a scale of 20 feet equal to 1 foot or larger.

Prior to Issuance
of Grading Permits Planning Department

268
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

b) No light fixture shall be designed for any location in a planting area, which would make it necessary to eliminate a tree. All overhead light fixtures and utilities shall be identified on the grading and site plan prior to approval of the grading and site plans.
c) All above ground utilities shall be shown on the precise grading plans in their exact locations. Building and landscape backflow prevention units and transformers shall be located in shrub areas.

Double detector checks shall be fully screened from view. The detector check/backflow device shall be painted a neutral/earth tone color and any pipes extending above ground shall be finished and painted to match the device. The detector check and post indicator shall be set back at least 10 feet away from the driveway or sidewalk in a shrub area. Transformers shall be screened with 5 feet of landscaping outside the required setback (18 inches on sides and 8 feet at the front doors).
d) All ground covers shall be installed from living plant materials.

Spacing shall be such that 100% coverage is achieved within 1 year of the installation.
e) All parking lot planter areas shall be a minimum of 5 feet wide excluding curbs, walkways and required concrete strip adjacent to parking spaces (6” curb with a 12” wide by 4” deep reinforced concrete strip adjacent). A detail shall be drawn on the civil engineer’s plan to illustrate this application in all relevant locations. f) All plants within the detention basin shall be California native. The trees shall include Quercus agrifolia (coast live oak) and Platanus 269
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

racemosa (sycamore). The shrubs shall be Heteromeles
arbutifolia (toyon).
g) All planting areas damaged during construction shall be replaced at the direction of the City Landscape Architect.
h) The irrigation controller shall be a weather -based controller that measures evapo-transpiration. A rain shut -off device is required.

Drip irrigation is required in all planting areas.
i) All soil amendments and fertilizers shall be organic as a storm- water best management practice. Soil analysis and agronomic soil report shall be submitted to the City with the landscape plans, including the following: soil texture, percentage of organic matter, soil infiltration rate (measured or derived from soil
texture/infiltration rate tables), pH and total soluble salts, macro- nutrients, micro-nutrients, recommendations for organic fertilizers and amendments.
j) No plant materials that could freeze, damage paving, or have thorns are allowed.
k) Prior to construction, the job site superintendent and the landscape contractor shall meet with the City’s Landscape Architect and Planning Department representative shall meet for a pre-job meeting. No landscaping shall occur prior to the meeting. l) Erosion control -landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded per the requirements of Ordinance 457.
270
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

m) Planting shall occur within 30 days of meeting final grades to minimize erosion and to ensure slope coverage prior to the rainy season.
n) The developer shall plant and irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in vertical height with grass or ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the City Engineer.

52. Prior to the issuance of the first grading permit for each planning area (i.e., Commercial Retail Center, and each Single-family Condominium area), the Project applicant shall comply with all of the provisions of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), including payment of the MSHCP Local Development Mitigation Fee based on the applicable land use category of the planning area and Best Management Practices (specifically Appendix C, Standard Best Management Practices, of the MSHCP).

Prior to Issuance
of Grading Permits
Planning Department

53. Prior to the issuance of a grading permit for each “planning area” (i.e., Commercial Retail Center, and each Single-family Condominium area) on the property, the applicant shall submit a haul permit for any import of material to the site or export of material off-site for review and approval by the City Engineer and Planning Director. The request for a haul permit shall include a haul route plan addressing the limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits onto public roads. This haul permit shall be in place prior to the issuance of the grading permit and Prior to Issuance
of a Grading
Permit
Planning &
Engineering Depts.

271
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

the mobilization of equipment on the project site. If the proposed material source or disposal site does not have an approved environmental assessment, a grading environmental assessment shall be submitted for review and approval by the Planning Director prior to the issuance of the haul permit.

54. The grading plan shall include the following information in the Notes Section of the Grading Plan:
"No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Engineering. All project
sites containing
suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on- site, then grading may move forward
, upon Planning
Department approval. If burrowi ng owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist."
Prior to Issuance
of a Grading
Permit
Planning &
Engineering Depts.

272
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

55. The grading plan shall include the following information in the Notes Section of the Grading Plan:
"If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such, and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director.”
Prior to Issuance
of a Grading
Permit
Planning &
Engineering Depts.

56. Prior to the issuance of the 1st grading permit for each planning area (i.e., Commercial Retail Center & each Single-family Condominium area), the applicant shall submit a final geotechnical soils reports to the City Engineer for review and approval. All grading shall be in conformance Prior to Issuance
of a Grading
Permit
Planning &
Engineering Depts.

273
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

with the recommendations of the geotechnical/soils reports as approved by the City of Wildomar.

Prior to Issuance of Building Permits (these conditions apply to all phases)

57. The Applicant shall comply with all provisions of the Cal- Green Building Code, including but not limited to, bicycle parking, bike lockers, etc. for the commercial retail center. This information shall be shown on the construction documents and verified by the Planning Department prior to the issuance of building permits for the Assisted Living Facility.

Prior to Issuance of
Building Permits.

Planning & Building
Departments

58. Prior to the issuance of building permits, a copy of the recorded Covenants, Conditions, and Restrictions (CC&R’s) shall be submitted to the Planning Director.

Prior to Issuance of
Building Permits
Planning Department

59. Prior to the issuance of all building permits, the applicant shall comply with Building Department requirements in obtaining all necessary permits and processing applicable construction drawings.

Prior to Issuance of
Building Permits Planning Department

60. Prior to the issuance of the 50th building permit for TM 36781 & 36782 project areas, the Applicant shall complete construction of all on- site recreation/private park improvements within that respective tract area.

Prior to Issuance of
Building Permits Planning Department

61. Prior to the issuance of the 1st building permit within T TM’s 36781 or 36782, the Applicant shall prepare a comprehensive sign program for both TTM’s 36781 and 36782. The sign program shall be consistent with all applicable provisions of Section 17.252 (Sign Regulations) of the Wildomar Municipal Code, and approved by the Planning Prior to Issuance of
Building Permits Planning Department
274
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Department prior to the issuance of a building permit. Prior to the issuance of the 1st building permit for the commercial retail center, the Applicant shall prepare a comprehensive sign program for the Commercial Retail Parcel. The sign program shall be consistent with all applicable provisions of Section 17.252 (Sign Regulations) of the Wildomar Municipal Code,. and approved by the Planning Department prior to the issuance of a building permit,

62. Prior to the issuance of a building permit for each structure within the project, the ap plicant shall pay all current Wildomar Development Impact Fees, as applicable to the structure and as determined by the Building and Engineering departments, including but not limited to, regional fees such TUMF, MSHCP, K-Rat fees, School Fees, etc.

Prior to Issuance of
Building Permits
Planning & Building
Departments

63. Prior to the issuance of the 1st building permit for each planning area (i.e., Commercial Retail Center & each single-family condominium area)
, the applicant shall submit for review and approval by the Planning and Building d epartments a separate exterior
lighting/security lighting plan/photometric survey for that planning area. Said lighting plan shall comply with all applicable provisions of Section 8.64 (Light Pollution Ordinance) of the WMC.

Prior to Issuance of
Building Permits
Planning & Building
Departments
Prior to Issuance of a Certificate of Occupancy (these conditions apply to all phases)

64. Prior to the issuance of a certificate of occupancy for each planning area (i.e., Commercial Retail Center & and each Single -family Condominium area), all required landscape planting and irrigation shall have been installed for that respective planning area consistent Prior to the
Issuance of
Occupancy Permits
Planning Dept.
275
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

with the approved construction plans and shall be in a condition acceptable to the Planning Director. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. The App licant shall contact the Planning Department to schedule the final inspection(s).

The owner’s Landscape Architect shall provide inspection of the landscaping. The owner's Landscape Architect shall provide the City with a Certificate of Compliance stating that the landscaping was installed per the approved plans. An irrigation audit may be required.

The City will review the Certificate of Compliance and conduct inspections to ensure that the landscape installation is in compliance with the approved landscape plans.

65. Prior to the issuance of the 1st Certificate of occupancy permit for each planning area, the following conditions shall be satisfied:
• Performance securities, in the amount determined by the City Landscape Architect and Planning Director, shall be provided to guarantee the adequate maintenance of the landscaping materials and irrigation system in accordance with the approved plans for a period of one (1) year from the date of final clearance from the City of the installed landscaping. Acceptable forms of security shall be limited to cash deposit, cash bonds, or irrevocable letters of credit.

The performance securities shall be released one (1) year after final clearance of the installed landscaping by the City, upon written request by the owner, if the landscaping has been adequately maintained in accordance with the approved
Prior to the
Issuance of
Occupancy Permits
Planning Dept.
276
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

landscape plans. A deposit to cover re -inspection of the landscape, at the current City rate shall be posted with the Planning Department prior to re- inspection for maintenance bond release. All required landscaping and irrigation systems shall be installed in a condition acceptable to the City.
• The owner’s Landscape Architect shall provide inspection of the landscaping. The Landscape Architect shall provide the City with the Certificate of Landscape Design.
• The project landscape contractor shall provide the City with the Landscape Installation Certification of Completion stating that the landscaping was installed per the approved plans. The City will review the Certificate and conduct inspections to ensure t hat the landscape installation is in compliance with the approved landscape plans.

66. Prior to issuance of a final occupancy permit or each planning area (i.e., Commercial Retail Center & each Single-family Condominium area), all Riverside County Fire Department conditions shall be complied with and cleared by the Fire Department. The Applicant shall provide written verification from County Fire that all applicable conditions have been met.

Prior to final
Certificate of
Occupancy
Planning Dept.

67. Prior to the Issuance of the final Certificate of Occupancy or each planning area (i.e., Commercial Retail Center & each Single-family Condominium area), all Planning Department conditions listed herein, as applicable to that planning area, shall be completed to the satisfaction of the Planning Department.

Prior to final
Certificate of
Occupancy
Planning Dept.

277
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

PUBLIC WORKS/ENGINEERING/BUILDING DEPARTMENT CONDITIONS General Requirements/Conditions

1. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.

On-Going Engineering Dept.

2. No grading shall be performed without the prior issuance of a grading permit by the City.

On-Going Engineering Dept.

3. Written permission shall be obtained from the affected property owners allowing the proposed grading and/or facilities to be installed outside of the project boundaries.

On-Going Engineering Dept.

4. The developer/owner or contractor shall apply for an Encroachment Permit for work performed within the public right of way. Compliance with current environmental regulations applies and additional studies and/or permits may be required.

On-Going Public Works

5. The developer’s contractor is required to submit for a haul route permit for the hauling of material to and from the project site. Said permit will include limitations of haul hours, number of loads per day and the posting of traffic control personnel at all approved entrances/exits onto public roads. Hauled material shall be to/from an approved site.

On-Going Public Works

6. Storm water and non-storm water discharges from the project site shall be mitigated in conformance with the applicable Regional Water Quality On-Going Engineering Dept.
278
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Control Board permit(s) and/or site specific SWPPP prior to entering into the MS4s.

7. For commercial/industrial projects, the developer/applicant shall submit a Business Registration application to the city for approval. The Business Registration shall indicate that this business in required to submit a Stormwater Compliance Deposit to the City for ongoing Commercial/Industrial Inspection requirements of the City’s MS4 permit (NPDES Inspection). The requirement for stormwater compliance deposits and NPDES inspections are recurring for the duration of the conditional use permit. The developer/applicant shall also provide to the Planning Department, as part of the Business’ Statement of Operations, a copy of the educational materials, business’ handbook, training or similar documents describing the business’ best management practices for storm water pollution prevention.

On-Going Engineering Dept.

8. The developer/applicant shall provide all
tenants/employees/homeowners with educational materials regarding Best Management Practices for Stormwater Pollution Prevention.

Educational materials are available on the Riverside County Flood Control and Water Conservation District’s website. .

On-Going Engineering Dept.

9. The developer/owner/tenant shall comply with all applicable laws and regulations regarding the proper disposal of waste materials generated from the business.

On-Going Engineering Dept.

10. The Developer shall dedicate, design and construct all improvements in accordance the City of Wildomar Road Improvement Standards & On-Going Engineering Dept.
279
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Specification, Improvement Plan Check Policies and Guidelines, as further conditioned herein and to the satisfaction of the City Engineer.

11. The Developer shall be responsible for all costs associated with off-site right-of-way acquisition, including any costs associated with the eminent domain process, if necessary.

On-Going Engineering Dept.

12. All grading shall conform to the California Building Code, including Appendix J , and all other relevant laws, rules, and regulations governing grading in the City of Wildomar. Prior to commencing any grading which includes 50 or more cubic yards, the developer shall obtain a grading permit from the Building Department.

On-Going Engineering Dept.

13. All necessary measures to control dust shall be implemented by the developer during grading to the satisfaction of the City Engineer. A PM10 plan may be required at the time a grading permit is issued.

On-Going Engineering Dept.

14. Graded slopes shall be limited to a maximum steepness ratio of 2:1 (horizontal to vertical) unless otherwise approved by the City Engineer.

Contour grade to mimic natural slopes in the area.

On-Going Engineering Dept.

15. Grading in excess of 199 cubic yards will require performance security to be posted with the City.

On-Going Engineering Dept.

16. All retaining walls shall require a separate permi t from the Building Department.

On-Going Building Dept.

17. Erosion control – landscape plans, required for manufactured slopes greater than 3 feet in vertical height, are to be signed by a registered landscape architect and bonded . The soils engineer shall review the On-Going Engineering Dept.

Planning Dept.

280
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

erosion control plans for conformance with the Geotechnical Report’s Findings and Recommendations. Erosion control shall be placed within 30 days of meeting final grades to minimize erosion and to ensure slope coverage prior to the rainy season. The Developer shall plant & irrigate all manufactured slopes steeper than a 4:1 (horizontal to vertical) ratio and 3 feet or greater in ver tical height with soil stabilizers and ground cover; slopes 15 feet or greater in vertical height shall be planted with additional shrubs or trees or as approved by the City Engineer and City Planner.

18. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred or covered under the City’s Community Facility District (CFD Services).

On-Going Engineering Dept.

19. The developer shall annex into the City’s Community Facility District (CFD Services) and pay associated costs for annexation. Should this project lie within any assessment/benefit district that duplicates the services to be covered under CFD Services then the developer shall de-annex from said assessment/benefit district.

Prior to Map
Recordation
Engineering Dept.

20. The developer shall design and construct all driveways in accordance with the City of Wildomar Improvement Standards.

On-Going Engineering Dept.

21. The improvement plans for the required public improvements must be prepared and shall be based upon a design profile extending a On-Going Engineering Dept.
281
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

minimum of 300 feet beyond the project boundaries at a grade and alignment as approved by the City Engineer.

22. All above- ground utilities, including but not limited to communication and power that are 33KV in size or less, shall be undergrounded by the developer in accordance with City requirements. The undergrounding of utilities shall be reflected on the project improvement plans.

On-Going Engineering Dept.

23. All flood control plans to be reviewed by the City or the Riverside County Flood Control District (RCFCD) shall be submitted through the City of Wildomar, unless otherwise directed by the City Engineer. For projects requiring RCFCD review the developer shall pay the appropriate fees to RCFCD.

On-Going Engineering Dept.

24. For the residential portion of the project, the City Engineer has made the following determinations:
a) the project applicant shall construct the improvements to Catt Road-Arya Road/Clinton Keith Road as identified in TRA -1 prior to the issuance of the first certificate of occupancy of a residential unit; and
b) the project applicant shall pay a pro- rata share of the remaining improvements identified in TRA -1 through TRA -4, as such measures are updated in accordance with the Westpark Traffic Evaluation- 0356-0001 (July 19, 2021) and Westpark Residential Fair Share Cost Evaluation- 0356-0001 (July 27, 2021).” On-Going Public Works Dept.

282
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Prior to the Issuance of Grading Permits

25. The developer shall submit a geotechnical soils reports to the City Engineer for review and approval prior to issuance of grading permit.

The findings and recommendations shall reflect current conditions and the report shall be no older than one (1) year. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by City of Wildomar.

Prior to Issuance of
a Grading Permit
Engineering Dept.

26. The developer shall obtain any and all easements and/or permissions necessary to perform the grading required for the project. A notarized letter of permission from all affected property owners or easement holders, or encroachment permit, is required for all off-site grading.

Prior to Issuance of
a Grading Permit
Engineering Dept.

27. The project specific SWPPP and an Erosion/Sediment Control plan shall be approved by the City Engineer.

Prior to Issuance of
a Grading Permit
Engineering Dept.

28. The Developer shall provide the Engineering Department evidence of compliance with the National Pollutant Discharge Elimination System (NPDES); obtain a construction permit from the State Water Resource Control Board (SWRRCB); and, reference the WDID number on the improvement/grading plans.

Prior to Issuance of
a Grading Permit
Engineering Dept.

29. The developer shall have obtained approval for the import/export location from the City of Wildomar. Additionally, if either location was not previously approved by an Environmental Assessment, prior to issuing a grading permit, a Grading Environmental Assessment shall be submitted to the Planning Director for review and comment and to the City Engineer for approval.

Prior to Issuance of
a Grading Permit
Engineering Dept.
283
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

30. A licensed engineer shall prepare and submit a Water Quality Management Plan (WQMP) Applicability Checklist; determine if a WQMP is applicable for this project; and, sign and stamp the WQMP checklist with their license seal.

Prior to Issuance of
a Grading Permit
Engineering Dept.

31. If the WQMP is required, an approved Final Water Quality Management Plan (WQMP), in conformance with the requirements of the San Diego and/or Santa Ana Regional Water Quality Control Board. Applicant shall confirm the watershed requirements relative to their project location shall be approved by the City Engineer prior to issuance of a grading permit . All stormwater quality treatment devices shall be located outside of the ultimate public right of way. The developer shall design the stormwater quality treatment devices to accommodate all project runoff, ensuring post -construction flows and volumes do not exceed pre-construction levels, in accordance with City of Wildomar’s Hydrology Manual, Stormwater Quality Best Management Practice Design Handbook, Improvement Standards, a nd to the satisfaction of the City Engineer. These BMPs shall be consistent with the Final WQMP and installed and maintained to the satisfaction of the City Engineer. The project shall use the following hydromodification criteria for the project site:
“The runoff flow rate, volume, velocity, and duration for the post development condition of the Priority Development Project do not exceed the pre-development (i.e. naturally occurring) condition for the 2 year, 24 hour and 10 year, 24 hour rainfall events. This condition must be substantiated by hydrologic modelling acceptable to City of Wildomar.” Prior to Issuance of
a Grading Permit
Engineering Dept.
284
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

32. If the project location is within the Santa Ana River Watershed: Prior to the issuance of a grading permit, the developer is to provide the appropriate documentation that will allow this project a waiver for mitigation volume related to the Lake Elsinore sub watershed of the Santa Ana Watershed. Please note the City is not a permittee in the MS4 permit for the Santa Ana River Watershed (Lake Elsinore) and is governed only by the MS4 permit for the Santa Margarita Watershed, therefore the Applicant needs t o provide evidence that this waiver has been approved by the Santa Ana Regional Water Quality Control Board. Otherwise volume has to be addressed.

Prior to Issuance of
a Grading Permit
Engineering Dept.

33. A Grading Agreement and a Storm Water Management Facilities Agreement shall be approved by the City Engineer and/or City Council.

Prior to Issuance of
a Grading Permit
Engineering Dept.

34. The developer shall prepare and submit a comprehensive drainage study and plan that includes, but is not limited to: definition with mapping of the existing watersheds; a detailed pre- and post-project hydrologic and hydraulic analysis of the project and project impacts; definition of the local controlling 100- year frequency water levels existing and with project; the proposed method of flow conveyance to mitigate the potential project impacts with adequate supporting calculations; any proposed improvements to mitigate the impacts of increased runoff from the project and any change in runoff; including quality, quantity, volume, and duration in accordance with City of Wildomar’s Hydrology Manual, Improvement Standards, and to the satisfaction of the City Engineer. Specifically, the study will:

Prior to Issuance of
a Grading Permit
Engineering Dept.
285
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

a. Analyze the detention basin drainage area for a project using the Rational Method 100- year storm event for the pre- project and post-project.
b. Analyze 4 hydrographs for the detention basin drainage area for a project using the Unit Hydrograph 100-year storm event for the 1-hour, 3- hour, 6- hour, and 24- hour storm durations for post - project condition.
c. Using the Unit Hydrographs determine which duration provides the highest flow rate. Adjust parameters such as lag time, flow line roughness coefficient or other parameters to calibrate Unit Hydrograph model to provide
results similar to the Rational
Method.
d. Using the calibrated Unit Hydrograph for the detention basin drainage area perform basin routing analysis to demonstrate that the outflow is less than the pre-project Rational Method flow rate.

35. The developer shall show all easements per the Title Report to the satisfaction of Public Works. Any conflict with existing easements resulting in the site being redesigned potentially requires a minor change or amendment approval by Planning Commission.

Prior to the 1st
Improvement Plan
submittal
Engineering Dept.

Prior to Issuance of Building Permits

36. Comply with the Conditions of Approval for Tentative Parcel Map 36612
Prior to Issuance
of a Building
Permit
Building Dept.

Engineering Dept.

286
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

37. Language shall be included in the CC&R’s requiring residents to park in the garages.

Prior to Issuance
of a Building
Permit
Building Dept.

Engineering Dept.

38. Circulation streets within the site shall be posted “No Parking”. Parking shall be in designated parking areas and/or garages.

Prior to Issuance
of a Building
Permit
Building Dept.

Engineering Dept.

39. The developer/owner shall obtain a grading permit and/or approval to construct from the City Engineer.

Prior to Issuance
of a Building
Permit
Building Dept.

Engineering Dept.

40. Improvement plans shall be approved by the City Engineer and all improvements to be constructed shall be secured by the Developer.

Prior to Issuance
of a Building
Permit
Building Dept.

Engineering Dept.

41. The developer shall provide will serve letters from the appropriate water and sewer agencies.

Prior to Issuance
of a Building
Permit
Building Dept.

42. The developer shall provide approval letter from Fire Department for fire water service
Prior to Issuance
of a Building
Permit
Building Dept.

Fire Dept.

43. The developer shall install streetlights in accordance with the City of Wildomar Road Improvement Standards & Specification, Improvement Plan Check Policies and Guidelines, City Ordinances and to the satisfaction of the City Engineer.

Prior to Issuance
of a Building
Permit
Building Dept.

Public Works Dept.

287
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

44. The developer shall install all street name signs at intersections adjacent to the project, public or private and/or replace street name signs in accordance with the City of Wildomar Standard Details and to the satisfaction of the City Engineer.

Prior to Issuance
of a Building
Permit
Public Works Dept.

45. The developer shall annex into the CFD Services District to offset development related costs for maintenance and services.

Prior to Issuance
of a Building
Permit
Engineering Dept.

46. The developer/applicant shall demonstrate that all appropriate development related fees, impact fees, and mitigation fees have been satisfactorily paid.

Prior to Issuance
of a Building
Permit
Building Dept.

47. The developer shall pay the appropriate impact mitigation fee to the Riverside County Flood Control and Water Conservation District and provide the City receipt of payment.

Prior to Issuance
of a Building
Permit
Building Dept.

48. The developer shall pay all necessary and appropriate impact and mitigation fees required. These fees include, but are not limited to, fees associated with Transportation Uniform Mitigation Fee (TUMF), Quimby (parkland in-lieu) Fee, and City Development Impact Fees.

Prior to Issuance
of a Building
Permit or
Certificate of
Occupancy
Building Dept.

49. The developer shall construct the ultimate stormwater quality treatment devices to accommodate all project runoff from in accordance with City of Wildomar’s Hydrology Manual, Stormwater Quality Best Management Practice Design Handbook, Improvement Standards, and to the satisfaction of the City Engi neer. Any interim Storm Water Basin will be filled in concurrently with the installation of Prior to Issuance
of a Building
Permit for the
commercial and
residential site
Building Dept.
288
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

the ultimate facilities at the commercial site. All stormwater quality treatment devices shall be constructed outside of the ultimate public right of way.

If the residential parcels are developed before the commercial site, an interim Storm Water Basin will be installed in the parking lot area of the commercial site to provide storm water storage for the residential parcels until the ultimate facilities are completed on the commercial site. The interim storm water basin will be constructed in accordance with City of Wildomar’s Hydrology Manual, Stormwater Quality Best Management Practice Design Handbook, Improvement Standards, and to the satisfaction of the City Engineer as applicable. The location of the interim basins will be shown on the grading plans for the super- pad at a location approved by the City Engineer. The interim Storm Water Basin will be filled in concurrently with the installation of the ultimate facilities at the commercial site.

The owner/developer shall provide the responsible party with access to the commercial site for the purpose of installation and maintenance of the interim and ultimate stormwater basins, by entering into an Access Rights Agreement with such party. The Agree ment shall include a copy of an executed onsite and offsite access easement and or access rights necessary for the operation and maintenance of the interim and ultimate stormwater basin improvements that shall be binding on the land throughout the life of the project to the benefit of the party responsible for such maintenance and such BMP work, satisfactory to the City Engineer.
289
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

Project Specific Conditions

50. The developer shall refer to the conditions of approval for Parcel Map 36612, Tract Map 36781 and Tract Map 36782 and demonstrate that all conditions have been satisfied as applicable.

Prior to Issuance
of a Building
Permit
Engineering Dept.

51. The developer shall prepare a traffic management plan to minimize potential impacts during construction to the satisfaction of the city engineer.

Prior to Issuance
of Grading Permit
Engineering Dept.

Public Works Dept.

RIVERSIDE COUNTY FIRE DEPARTMENT
General Conditions

1. These conditions are for shell buildings only; commercial shell buildings will receive a shell final only. No fire and life safety clearance will be issued for a tenant space until the specific occupancy classification has been established and tenant improvement plans have been reviewed and conditioned by the Riverside County Fire Department.

On-Going Fire Department

2. This building has not been reviewed or approved for high pile/rack storage. Prior to such use, building(s) shall be approved for high-piled storage (materials in closely packed piles or on pallets, or in racks where the top of storage exceeds 12 feet in height, 6 feet for Group A plastics and certain other hazardous commodities) or aerosols products. High-piled and aerosol stock shall be approved by the Fire Department prior to materials being stored on site. A licensed Fire Protection Engineer or a Fire Department approved consultant must On-Going Fire Department
290
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

prepare plans for high-piled storage or aerosol storage in accordance with the 2013 CFC and NFPA 13, 2013 Edition. Current plan check deposit based fee is $348.00.

3. Provide or show there exists a water system capable of delivering the required fire flow based on the California Fire Code and Riverside County Fire Department standards. The approved water supply must be available before any combustible material is placed on the construction site.

On-Going Fire Department

4. Approved accessible on-site fire hydrants shall be within 400 feet of all portions of the buildings and located according to the California Fire Code and Riverside County Fire Department standards.

On-Going Fire Department

5. All portions of the buildings or of an exterior wall of the first story of all buildings shall be within 150 feet from fire apparatus as measured by an approved route around the complex, exterior of the facility or building.

On-Going Fire Department

6. Prior to building plan approval and construction, applicant/developer shall furnish two copies of the water system fire hydrant plans to Fire Department for review and approval. Plans shall be signed by a registered civil engineer, and shall confirm hydrant type, location, spacing, and minimum fire flow. Once plans are signed and approved by the local water authority, the originals shall be presented to the Fire Department for review and approval.

On-Going Fire Department
291
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

7. Prior to issuance of building permits, the fire protection water system must be provided as approved by the Fire Department and the local water authority.

On-Going Fire Department

8. Blue dot reflective pavement markers shall be installed on private and public streets and driveways to indicate location of the fire hydrant, and shall be in accordance with Riverside County Fire Department Standard 06-11.

On-Going Fire Department

9. Fire Apparatus access road(s) shall be in compliance with the Riverside County Fire Department Standard number 06- 05. Access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. Access lanes shall be designed to withstand the weight of 75,000 pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all -weather driving capabilities.

On-Going Fire Department

10. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provision for the turnaround capabilities of fire apparatus.

On-Going Fire Department

11. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.

On-Going Fire Department
292
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

12. An approved Fire Department access key lock box (Minimum Knox Box 3200 series model) shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system, the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department.

On-Going Fire Department

13. Display street numbers in a prominent location on the address side of building(s) and/or rear access if applicable. Numbers and letters shall be a minimum of 12” in height for building(s) up to 25’ in height. In complexes with alpha designations, letter size must match numbers.

All addressing must be legible, of a contrasting color, and adequately illuminated to be visible from street at all hours.

On-Going Fire Department

14. Install a complete commercial fire sprinkler system (per NFPA 13 or 13R, 2013 Edition). Fire sprinkler system(s) with pipe sizes in excess of 4” in diameter will require the project Structural Engineer to certify with a “wet signature”, that the structural system is designed to support the seismic and gravity loads to support the additional weight of the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The PIV and FCD shall be located to the front, within 25 to 50 feet of a hydrant, and a minimum of 25 feet from the building(s). Sprinkler riser room must have exterior and/or interior door signs. A licensed C-16 contactor must submit plans, along with current permit fees, to the F ire Department for review and approval prior to installation.

On-Going Fire Department
293
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

15. Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. A licensed C -10 contractor must submit plans along with the current permit fees to the Fire Department for review and approval prior to installation.

On-Going Fire Department

16. Install portable fire extinguishers, with a minimum rating of 2A -10BC, for every 3,000 sq. ft. and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 ft. above finished floor, measured to the top of the extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their locations.

Extinguishers must have current CSFM service tags affixed.

On-Going Fire Department

17. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2013 California Building Code.

On-Going Fire Department

18. Electrical room doors, FACP, fire sprinkler riser, and roof access if applicable shall be labeled as per use.

On-Going Fire Department

19. Access shall be provided to all mechanical equipment located on the roof as per 2013 California Mechanical Code.

On-Going Fire Department

20. Gate(s) shall be automatic or manually operated. Install Knox key operated switches, mounted per recommended standard of the Knox Company. Building plans shall include mounting location/position and operating standards for Fire Department approval.

On-Going Fire Department

294
ATTACHMENT A – EXHIBIT 4

WESTPARK PROMENADE MIXED-USE PROJECT - CONDITIONS OF APPROVAL Project No.: PLOT PLAN NO. 13-0082
Applicant: Cal West Communities - APN: 376-410-013; 376-410-023; 376-410-025 Original City Council Approval Date - December 14, 2016 EOT #1 Approval Date – Oct. 2, 2019
EOT #2 Approval Date – February 2, 2022
EOT #3 Approval Date – October 2, 2024
Original Expiration Date – Dec. 14, 2019
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2022
Plot Plan 13-0082 New Expiration Date – Dec. 14, 2024
Plot Plan 13-0082 Final Expiration Date – Dec. 14, 2025 Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

21. All residential structures shall have fire sprinklers installed. On-Going Fire Department

ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD)
General Conditions

1. Subarea water and sewer master plans shall be prepared by the applicant and approved by the District prior to formal plan submittal.

This subarea mater plan shall evaluate water and sewer system capacities as per District design standards.

On-Going EVMWD

2. Recycled water, when available, shall be used to water parks, open spaces and street medians. The applicant needs to prepare plans, and construct recycled water mains in Westpark Promenade.

On-Going EVMWD

3. Water shall be connected to the 16’ PVC water main (1650 pressure zone).

On-Going EVMWD

4. Individual water meters are required for each condominium building. On-Going EVMWD

5. Applicant will be required to follow the Districts Plan Check procedures. On-Going EVMWD

6. The Developer will be required to adhere to the Districts Development process, and pay all applicable fees.

On-Going EVMWD

END
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300
301
302
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CITY OF WILDOMAR

MEETING (CCR)

CONSENT CALENDAR
Agenda Staff Report # 1.11

Meeting Date: December 11, 2024
SUBJECT:

Wildomar Commerce Center - Public Improvement
Agreements and BMP Agreements
SUBMITTED BY:

Jason Farag, Public Works Director
PREPARED BY:

Ninette Eva, Associate Engineer

ACTION:

Authorize the City Manager to execute the BMP Agreements and Public Improvement Agreement with White Sable, LLC and Wildomar One, LLC (Developer) for Off-site Improvements for the Wildomar Commerce Center development project.

SUMMARY:

The Developer of the Wildomar Commerce Center development project is required to enter into BMP agreements and a public improvement agreement for the construction of off-site improvements related to their project.

BACKGROUND:

Wildomar Commerce Center (Project) is an approved development project located at the southwest corner of Elizabeth Lane and Clinton Keith Road. The proposed Project was reviewed under Substantial Conformance No. 22-0085. The Project consists of a 293,173 square-foot industrial/business park, including ancillary service commercial uses. An aerial image of the project site and the surrounding area is provided in Attachment A. The developer, White Sable, LLC and Wildomar One, LLC (Developer), has completed the majority of site grading and anticipates beginning work on off-site and on-site improvements soon.

DISCUSSION:

Public Improvement Agreement
In order to begin the construction of public improvements, the Developer is required to enter into a Public Improvement Agreement for Off-site Improvements (Attachment B), which identifies the Developer's obligations to the City in performing and completing the construction of the public improvements. The agreement also provides the City with bonds to secure the construction activities for the Project. If the Developer fails to fulfill their obligations, the bonds provide a mechanism for the City to ensure that the construction site is brought to a safe and acceptable condition and that the improvements are completed, if warranted. The bond amounts are based on the Developer's engineer's off-site improvements cost estimates shown in Attachment C. Staff recommends that the City Council authorize the City Manager to execute the Public Improvement Agreement for Off-site Improvements with the Developer.

BMP Agreements
The Developer is also required to enter into Stormwater Management/BMP Facilities Agreements for privately maintained BMPs and CFD maintained BMPs (BMP Agreements, 305
Attachment D) with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the Water Quality Management Plan BMPs that are constructed with this development continue to be maintained in the future.

Staff is requesting that the City Council authorize the City Manager to execute BMP Agreements and a Public Improvement Agreement for Off-site Improvements with White Sable, LLC and Wildomar One, LLC.

FISCAL IMPACT:

There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer fees and deposits. Once the Project is constructed and the improvements are accepted, costs related to the maintenance of any CFD maintained BMPs will be funded through revenues generated from the CFD for this development. There is no impact to the General Fund.

ATTACHMENTS:

A - Aerial Map
B - Wildomar Commerce Public Improvement Agreement Off-site C - Construction Cost Estimate
D - BMP Agreements
306

ATTACHMENT A

Aerial Image of
Wildomar Commerce Center PM38646
(highlighted in yellow)
307
1 PUBLIC IMPROVEMENT AGREEMENT

NO FEE DOCUMENT
Government Code §6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Attn: City Clerk
The Above Space For Recorder’s
Use Only
Project
Name:

Wildomar Commerce Center
Project
Address:

Southwest corner of
Elizabeth Ln and Clinton
Keith Rd.

APN: 380-052-001 through -008
380-250-052 through -056
Project No.: 23-0150

PUBLIC IMPROVEMENT AGREEMENT

FOR OFF-SITE IMPROVEMENTS
This Public Improvement Agreement (“Agreement”) is entered into this 11th day of December, 2024 by and between the City of Wildomar, a California municipal corporation (“City”) and White Sable, a California limited liability company (“White Sable”) and Wildomar One, a Delaware limited liability company, (“Wildomar One”).

White Sable and Wildomar One, and each of them, are jointly and severally obligated under this Agreement, and referred to herein, collectively, as the “Principal.” City and Principal may be individual or collectively referred to as a “party” or the “parties” to this Agreement.

RECITALS
A. Principal owns the real property located at the southwest corner of Elizabeth Lane and Clinton Keith Road, in the City of Wildomar, California, which is more particularly described in Exhibit “A” to this Agreement (“Property”).

B. Principal has applied for and obtained certain development approvals from the City to develop the Property. The development approvals and City ordinances require Principal to construct certain public improvements and dedicate those public improvements to the City after construction is complete.

C. This Agreement memorializes the understanding between the parties regarding the terms and conditions under which Principal will construct and City will accept the required public improvements.
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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:

1. Construction of Improvements. The Principal agrees to construct and install on the Property, at the Principal’s own cost and expense, the public improvements shown on the improvement plans submitted by Principal and approved by the City as referenced and contained within this Public Improvement Agreement (“Required Improvements”).Prior to commencing any work, Principal shall, at its sole cost and expense, obtain all necessary permits and approvals and give all necessary and incidental notices required for the lawful construction of the Required Improvements and performance of Principal’s obligations under this Agreement. The Required Improvements shall be constructed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced.

Principal shall complete the construction of the Required Improvements within twelve months of the date of this Agreement.
a. Standard of Performance. Principal and its contractors, if any, shall perform all work required to construct the Required Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Principal represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Principal warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement.
b. Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Required Improvements it is determined that the public interest requires alterations in the Required Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Required Improvements to be completed may be accomplished without giving prior notice thereof to Developer’s surety for this Agreement.
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c. Fees and Charges. Principal shall, at its sole cost and expense, pay all fees, charges, and taxes arising out of construction of the Required Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City or as required by other governmental agencies having jurisdiction over the Required Improvements.

2. Commencement of Work. The Principal shall notify the City Engineer of the commencement of work on the Required Improvements.

3. Completion of Improvements. Upon satisfactory completion of all Required Improvements as determined by the City Engineer or his or her designee (hereafter the “City Engineer”), Principal shall offer to dedicate the Required Improvements to the City, and City agrees to accept that offer of dedication in accordance with its policies and procedures and the terms of this Agreement.

4. Title to Required Improvements. The City shall not accept the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final or parcel map, and City Improvement Standards and Specifications, to the satisfaction of the City Engineer.

Until such time as the Required Improvements are accepted by the City, Principal shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed. Title to and ownership of the Required Improvements shall vest absolutely in the City upon completion and acceptance in writing of such Required Improvements by City. The City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien. Prior to acceptance, Principal shall supply the City with appropriate lien releases, at no cost to and in a form acceptable to the City.
a. Developer’s Notice of Completion. Upon the acceptance of the Required Improvements by City, Principal shall file with the Recorder’s Office of the County of Riverside a notice of completion for the accepted Required Improvements in accordance with Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code, at which time the accepted Required Improvements shall become the sole and exclusive property of City without payment therefor.
b. City Acceptance of Public Improvements. Issuance by City of occupancy permits for any buildings or structures located on the Property shall not be construed in any manner to constitute City’s acceptance or approval of any Required Improvements.
c. Developer’s Obligation to Provide As-Built or Record Drawings.

Notwithstanding the foregoing, City may not accept any Required Improvements unless and until Principal provides one (1) set of “as-built” or record drawings or plans to the City Engineer for all such Required Improvements. The drawings shall be certified and shall reflect the condition of the Required Improvements as constructed, with all changes incorporated therein.
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5. Extension of Time to Complete Improvements.
a. The City Engineer may extend the date for completing the Required Improvements. Extensions shall be granted only upon a showing of good cause by the Principal. The City Engineer shall be the sole and final judge as to whether good cause has been shown.
b. Requests for extension of the completion date shall be in writing and delivered to the City Engineer in the manner hereinafter specified for service of notices. An extension of time, if any, shall be granted only in writing, and an oral extension shall not be valid or binding on the City.
c. In the event the City Engineer extends the time of completion of the Required Improvements, such extension may be granted without notice by the City to the Principal’s surety and shall in no way release any guarantee or security given by the Principal pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time.
d. In granting any extension of time, the City may require new or amended improvement security to reflect increases in the estimated costs of constructing the Required Improvements or impose other conditions to protect its interests and ensure the timely completion of the Required Improvements.

6. Inspection. Principal shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the shops wherein any work is in preparation. Upon completion of the work, the Principal may request a final inspection by the City Engineer or his designee. If the City Engineer or the designated representative determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the Required Improvements to the City. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Principal shall bear all costs of plan check, inspection and certification.

7. Maintenance of Improvements. City shall not be responsible or liable for the maintenance or care of the Required Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Required Improvements until approved and accepted. Any use by any person of the Required Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Principal at all times prior to City’s acceptance of the Required Improvements. Principal shall maintain all the Required Improvements in a state of good repair until they are completed by Principal and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and 311
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storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Principal’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Principal fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Principal and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Required Improvements or their condition prior to acceptance. Until final acceptance of the Required Improvements, Principal shall give good and adequate warning to the public of each and every dangerous condition existing on the Property, and will take reasonable actions to protect the public from such dangerous conditions.

8. Superintendence by Principal. Principal shall require each contractor and subcontractor to have a competent foreman on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Principal shall maintain an office with a telephone and Principal or a person authorized to make decisions and to act for Principal in Principal’s absence shall be available on the job site within three (3) hours of being called at such office by the City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.

9. Injury to Public Improvements, Public Property or Public Utilities Facilities.

Principal shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Principal shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the satisfaction of the City Engineer.

10. Warranty. If, within a period of one year after final acceptance by the City of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Principal, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Principal shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Principal fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Principal can be notified, then the City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Principal shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

As to any Required Improvements which have been repaired, replaced, or reconstructed during the Warranty, Principal and its surety hereby agree to extend the 312
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Warranty for an additional one (1) year period following City’s acceptance of the repaired, replaced, or reconstructed Required Improvements. Nothing herein shall relieve Principal from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Required Improvement following expiration of the Warranty or any extension thereof. Principal’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

11. Defense, Indemnification and Hold Harmless. Principal shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Principal, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Required Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them.

This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative body of competent jurisdiction. Principal’s obligation to indemnify City shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents.

12. Security.
a. Required Security. Concurrently with the execution of this Agreement, the Principal shall furnish the City with:
(1) Faithful Performance Security. Principal shall provide faithful performance security to secure faithful performance of this Agreement (“faithful performance” security). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $1,235,000.00 (One Million Two Hundred Thirty Five Thousand Dollars and No/100 Dollars). (2) Payment Security. Principal shall also provide payment security to secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for the work (“payment security”). This security shall be in the amount of fifty percent (50%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $ 617,500.00 (Six Hundred Seventeen Thousand Five Hundred Dollars and No/100 Dollars), and shall secure the obligations set forth in Title 1 (commencing with Section 8000) through Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. 313
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(3) Guarantee and Warranty Security. Principal shall also file with this Agreement a “guarantee and warranty security” in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Engineer, which total cost is in the amount of $123,500.00 (One Hundred Twenty Three Thousand Five Hundred Dollars and No/100 Dollars) to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance against any defective work or labor done, or defective materials furnished.
(4) Monument Security. Principal shall also file with this Agreement a “monument security” in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments, as determined by the City Engineer, which total cost is in the amount of Not Applicable, to guarantee and secure the placement of such monuments.
b. Additional Requirements.
(1) Any bonds submitted as security pursuant to this section shall be furnished by companies who are authorized and licensed by the Insurance Commissioner of the State of California as “admitted surety insurers,” to act as surety upon bonds and undertakings. The company shall maintain in this State at least one office for the conduct of its business. Bonds must be approved by the City. The premiums for said bonds shall be paid by Principal.
(2) The bonds shall be furnished on the forms enclosed
following this Agreement and shall be satisfactory to the City. (3) The surety (or sureties) shall furnish reports as to the financial conditions from time to time as requested by the City. (4) Alternative forms of security will be allowed upon approval of the City Engineer and shall be approved as to form by the City Attorney. All required securities shall be in a form approved by the City Attorney. (5) No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties.
(6) The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Engineer and as provided in this Agreement. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by the City for Principal’s completion of the Required Improvements, whether or not the surety is given notice of such an extension by the City. (7) The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of 314
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Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers. c. Principal’s Liability. While no action of Principal shall be required in order for City to realize on its security under any security instrument, Principal agrees to cooperate with City to facilitate City’s realization under any security instrument, and to take no action to prevent City from such realization under any Security instrument.

Notwithstanding the giving of any security instrument or the subsequent expiration of any security instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Principal shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 12. d. Release of Security.
(1) Guarantee and Warranty Security. Any unused portion of the guarantee and warranty security may be released one year after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the amount deemed necessary by the City to correct any defects in the Required Improvements that are known or believed by the City to exist at the end of the guarantee and warranty period. Any unreleased portion of the guarantee and warranty security shall remain in full force and effect unless and until the City notifies Principal in writing that the necessary repairs have been made to the satisfaction of the City Engineer and that the warranty period has been successfully completed. (2) Payment Security. The payment security may be released thirty-five (35) days after passage of the time within which claims of lien are required to be recorded pursuant to Article 2 of Chapter 4 of Title 2 of Part 6 of Division 4 of the Civil Code (commencing with Section 8410), but in no event shall such security be released prior to one hundred and twenty (120) days after acceptance of the Required Improvements by the City. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in writing to the City. City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.
(3) Faithful Performance Security. The faithful performance security may be released upon acceptance of the Required Improvements by the City. (4) Monument Security. The monument security may be
released by written authorization of the City Engineer after all required monuments are accepted by the City Engineer, and City has received written acknowledgment of payment in full from the engineer or surveyor who set the monuments.

13.Insurance.
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a.Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant to this Agreement, insurance of the types and in the amounts described below. If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit.
(1)General Liability. Developer and its contractors shall procure and maintain Commercial General Liability Insurance no less broad than Insurance Services Office (ISO) form CG 00 01 or equivalent form, with a combined single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and property damage. The General Aggregate shall be twice the occurrence limit or shall apply separately to each project. If Developer maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained by Developer. The General Liability policy shall not contain a Contractors' Warranty or other similar language which eliminates or restricts insurance because of a subcontractor's failure to carry specific insurance or to supply evidence of such insurance
(2)Business Automobile Liability. Developer and its
contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, hired, and non owned by the insured or for which the insured is responsible.
(3)Workers’ Compensation. Developer and its contractors shall procure and maintain workers’ compensation insurance with limits as required by the Labor Code of the State of California and Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy at all times during which insured retains employees. (4)Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per claim. Such insurance shall be endorsed to include contractual liability. Coverage applicable to the work performed under this agreement shall be continued for five (5) years after completion of the work . Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the work under this agreement.
(5)Pollution Liability.Minimum Limits: $1,000,000 per
Pollution Incident; $1,000,000 Aggregate; Coverage shall apply to pollution incidents at or from any location at which Developer and its contractors are performing work under this agreement. Any deductible or self-insured retention shall be shown on the Certificate of Insurance. If the deductible or self-insured retention exceeds $25,000 it shall be approved in advance by the City. Developer and its contractors are responsible 316
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for any deductible or self-insured retention and shall fund it upon the City’s written request, regardless of whether Developer and its contractors have a claim against the insurance or are named as a party in any action involving the City. The City, its elected officials, officers, employees, agents, and volunteers shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the Developer and its contractors. Additional insured status shall continue for one (1) year after completion of the work. The insurance provided to the additional insureds shall apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by them. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. The insurance shall be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. b.Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
c.Additional Insured; Separation of Insureds. The Required Insurance (except Workers’ Compensation and Professional Liability) shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith City shall be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City shall continue to be an additional insured for completed operations for (1) year after completion of the work. The policy shall cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. d.Primary Insurance; Waiver of Subrogation. The General Liability Insurance provided to the additional insured shall be primary to, and non contributory with, any insurance or self insurance program maintained by the City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City, its elected officials, officers, employees, agents and volunteers.
e.Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City 317
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before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. f.Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. Developer 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, Developer shall forthwith obtain and submit proof of substitute insurance. Should Developer fail to immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Developer’s sole cost and expense.
g.Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII.

14. Principal Not Agent of City. Neither Principal nor any of Principal’s agents, contractors, or subcontractors are or shall be considered to be agents of the City in connection with the performance of Principal’s obligations under this Agreement.

15. Default; Notice; Remedies.
a. Notice. If Principal neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Principal to be in default or violation of this Agreement and make written demand upon Principal or its surety, or both, to immediately remedy the default or violation. Principal shall commence the work required to remedy the default or violation within ten (10) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Principal shall commence the required work within twenty-four (24) hours thereof. Immediately upon City’s issuance of the demand to remedy the default, Principal and its surety shall be liable to City for all costs of construction and installation of the Required Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement.
b. Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Principal and its surety, without the necessity of giving any further notice to Principal or surety. City’s right to take such actions shall in no way be limited by the fact that Principal or its surety may have constructed any, or 318
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none of the required or agreed upon Required Improvements at the time of City’s demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Principal or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Principal or its surety the full cost and expense incurred.
c. Other Remedies. No action by City pursuant this section shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise its rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance.

16. Notices. All notices required under this Agreement shall be in writing, and delivered in person or sent by registered or certified mail, postage prepaid.

Notices required to be given to City shall be addressed as follows:

City Engineer
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Notices required to be given to Principal shall be addressed as follows:

Bryan Bentrott
White Sable, LLC and Wildomar One, LLC
13 Corporate Plaza Drive, Suite 203
Newport Beach, CA 92660

17. 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.

18. Attorney’s Fees. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all attorney’s fees and costs. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of attorney’s fees and costs. 319
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19. Assignment. Principal shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City’s written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement.

20. Compliance with Laws. Principal, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the work required by this Agreement including, but not limited to, obtaining all applicable permits and licenses.

21. Waiver. City’s failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City’s waiver of any breach of this Agreement, shall not relieve Principal of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City’s actions are intentional or unintentional. Principal agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or performance of the Required Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Required Improvements or this Agreement.

22. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Principal’s rights with respect to any change in any zoning or building law or ordinance.

23. Approvals by City; Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Principal and by the City. 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.

24. Construction and Interpretation. It is agreed and acknowledged by Principal that the provisions of this Agreement have been arrived at through negotiation, and that Principal has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

25. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties. The Agreement shall be recorded in the Office of the 320
14 PUBLIC IMPROVEMENT AGREEMENT
Recorder of Riverside County and shall constitute a covenant running with the land and an equitable servitude upon the subject property.

26. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Riverside, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location. The law governing this Agreement is the law of the State of California.

27. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.

28. Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Principal include all personnel, employees, agents, and subcontractors of Principal, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement.

The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

29. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being impaired.

30. Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument.

31. Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Principal.

32. Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit, nor approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Principal. Principal’s contractors and subcontractors are exclusively and solely under the control and dominion of Principal.

Nothing herein shall be deemed to make Principal or its contractors an agent or contractor of City.

IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
321
15 PUBLIC IMPROVEMENT AGREEMENT

CITY OF WILDOMAR
Daniel York
City Manager
PRINCIPAL:

White Sable, LLC
a California limited liability company
By:

Name: Michael Austin
Its: Manager
By:

Name: Lorinda Austin
Its: Manager
Wildomar One, LLC
a Delaware limited liability company
By:

Name: Michael Austin
Its: Manager
By:

Name: Bryan Bentrott
Its: Manager
ATTEST:
___________________________
Janet Morales
City Clerk
322
16 PUBLIC IMPROVEMENT AGREEMENT

APPROVED AS TO FORM
___________________________
Thomas D. Jex
City Attorney
NOTE: 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 T BUSINESS ENTITY.
323
17 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “A”

LEGAL DESCRIPTION OF PROPERTY
PARCEL A:

PARCELS 1 THROUGH 5 AND LETTERED LOTS A THROUGH E OF PARCEL MAP NO. 36492-1, IN THE

CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 251, PAGES 51 THROUGH 54, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.

PARCEL B:

PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 36492-2, IN THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 251, PAGES 55 THROUGH 57,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

PARCEL C:

PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 36492, IN THE CITY OF WILDOMAR, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 251, PAGES 72 THROUGH 74,
INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

APN: 380-250-052 (Affects Parcel 1 of Parcel A);
380-250-053 (Affects Parcel 2 of Parcel A);
380-250-054 (Affects Parcel 3 of Parcel A);
380-250-055 (Affects Parcel 4 of Parcel A);
380-250-056 (Affects Parcel 5 of Parcel A);
380-520-001 (Affects Parcel 1 of Parcel B);
380-520-002 (Affects Parcel 2 of Parcel B);
380-520-003 (Affects Parcel 3 of Parcel B);
380-520-004 (Affects Parcel 4 of Parcel B);
380-520-005 (Affects Parcel 1 of Parcel C);
380-520-006 (Affects Parcel 2 of Parcel C);
380-520-007 (Affects Parcel 3 of Parcel C) and
380-520-008 (Affects Parcel 4 of Parcel C)
324
1 PUBLIC IMPROVEMENT AGREEMENT
EXHIBIT “B”

SURETY BONDS AND OTHER SECURITY
As evidence of understanding the provisions contained in this Agreement, and of the Principal’s intent to comply with same, the Principal has submitted the below described security in the amounts required by this Agreement, and has affixed the appropriate signatures thereto:

PERFORMANCE SECURITY: $ 1,235,000.00
Surety:

Attorney-in-
fact:

Address:

PAYMENT SECURITY: $ 617,500.00
Surety:

Attorney-in-
fact:

Address:

MONUMENT SECURITY: $ Not Applicable
Amount deposited per Cash Receipt
No.

Date:
325
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

OFF-SITE IMPROVEMENTS

FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California, a municipal corporation (“City”) and White Sable, a California limited liability company (“White Sable”) and Wildomar One, a Delaware limited liability company (“Wildomar One” and collectively with White Sable, the “Principal”) have each executed an agreement for which they are jointly and severally obligated, for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all off-site grading, roads, paving, curbs and gutters, pathways, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Wildomar Commerce Center (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement for Off-site Improvements dated December 11, 2024 (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

NOW, THEREFORE, Principal and _________________________________ (“Surety”), a corporation organized and existing under the laws of the State of __________, and duly authorized to transact surety business under the laws of the State of California, are held and firmly bound unto City in the sum of ___________________________________ Dollars ($____________), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof 326
2 PUBLIC IMPROVEMENT AGREEMENT
made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _______________________, this _____ day of _______________, ______.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
327
1 PUBLIC IMPROVEMENT AGREEMENT
BOND NO. ___________________
INITIAL PREMIUM: ___________________

SUBJECT TO RENEWAL

CITY OF WILDOMAR

OFF-SITE IMPROVEMENTS

FORM OF LABOR AND MATERIAL BOND
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS the City of Wildomar, California, a municipal corporation (“City”) and White Sable, a California limited liability company (“White Sable”) and Wildomar One, a Delaware limited liability company (“Wildomar One” and collectively with White Sable, the “Principal”) have each executed an agreement for which they are jointly and severally obligated, for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all off-site grading, roads, paving, curbs and gutters, pathways, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Wildomar Commerce Center (“Public Improvements”);
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Public Improvement Agreement for Off-site Improvements dated December 11, 2024 (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney’s fee in case suit is brought on the bond.

NOW, THEREFORE, Principal and _________________________ (“Surety”), a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or 328
2 PUBLIC IMPROVEMENT AGREEMENT
about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of _________________________ Dollars ($_______________), said sum being not less than 50% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 1 (commencing with section 8000) through Title 3 (commencing with section 9000) of Part 6 of Division 4 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. 329
3 PUBLIC IMPROVEMENT AGREEMENT
IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at _____________________, this _____ day of _______________, ______.

Principal Surety
By: By:

Its: Managing Member Attorney-In-Fact
(print name) (print name)
NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION

BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF

ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING
COMPANY MUST BE ATTACHED TO THIS BOND.
330
Sheet 1 of 8
PARCEL MAP OR TRACT MAP NO. PM 38646 DATE: 11/11/2024
PA#22-0085 IP:

PUBLIC

IMPROVEMENTS
Street/Drainage $ 1,107,068.88 $ $
*Flood Control $ 0.00 $ $
Water $ 74,911.25 $ $
District Name
Sewer $ 53,050.00 $ $
District Name
Total 1,235,030.13 $ $
Warranty Retention (10%) $
Construction items and their quantities, as shown on the attached sheets, are accurate for the improvements required to construct the above project and the mathmatical extensions, using County's unit costs, are accurate for determining bonding costs
Above amounts do do not include additional 20% for recordation prior to having signed plans (Ordinance460, Section 10.3E).
11/11/2024
Signature Date
DON BROOKS 41829 3/31/2026
Name Typed or printed RCE# Exp. Date
Civil Engineer's Stamp
*Flood Control Construction Cost Estimate to be provided by Flood Control District. Provide a copy of Flood Control District letter stating cost estmate.

1. Quantities are to be taken from the Improvement Plans. Unit cost are to be as provided on "Riverside County Improvement Requirement Worksheet."

2. Show Performance Bond Amounts to the nearest $500.00. Material and Labor Bond Amounts are 50% of Performance Bond Amountss. **100% for Flood Control items.

3. For Construction items not covered by "Riverside County Improvement Requirements Worksheet", Design Engineer is to provide his opinion of construction cost and use that cost. If Riverside County Unit Costs are determined to be too low, in the opinion of the design engineer, the higher costs as provided by the Design Engineer should be used.

CITY OF WILDOMAR

AND PLAN CHECK DEPOSIT CALCULATION SHEET

CONSTRUCTION COST WORKSHEET

DESIGN ENGINEER'S CALCULATION OF IMPROVEMENT BONDING COSTS

0.00 37,500.00
26,500.00
617,500.00
PP, CU, PU, MS OR VL NO.

MATERIAL & LABOR
*** PLEASE READ INSTRUCTIONS BELOW ***
1,107,000.00

0.00 75,000.00
53,000.00
1,235,000.00
123,500.00
553,500.00

FAITHFUL PERFORMANCE

SECURITY
(100% of Estimated
Construction Costs) Construction Costs)

SECURITY
(**50% of Estimated
2024-1029, ConstructionCostWorksheet.- Street Improvements.xls UNIT COSTS 3/01/2015
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331
Sheet 2 of 8

UNIT
C.Y. $ 0.40 $ 0.00
C.Y. $ 1.10 $ 0.00
C.Y. $ 2.80 $ 0.00
L.F. $ 1.00 $ 287.00
S.F. $ 2.25 $ 0.00
S.Y. $ 2.00 $ 856.22
S.Y. $ 1.45 $ 7,465.24
L.F. $ 18.00 $ 0.00
L.F. $ 3.00 $ 5,700.00
EA. $ 250.00 $ 0.00
L.F. $ 7.50 $ 6,532.50
L.F. $ 10.00 $ 0.00
TON $ 90.00 $ 433,661.04
C.Y. $ 50.00 $ 154,061.10
Ton $ 600.00 $ 0.00
S.F. $ 0.90 $ 3,285.00
L.F. $ 15.00 $ 37,125.00
L.F. $ 17.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 12.00 $ 0.00
L.F. $ 15.00 $ 0.00
L.F. $ 10.00 $ 6,390.00
L.F. $ 15.00 $ 0.00
S.F. $ 10.00 $ 13,500.00
S.F. $ 6.00 $ 105,924.00
S.F. $ 8.00 $ 37,808.00
S.F. $ 6.00 $ 0.00
EA. $ 2,000.00 $ 4,000.00
C.Y. $ 400.00 $ 0.00
L.F. $ 100.00 $ 0.00
L.F. $ 50.00 $ 2,000.00
Asphalt Concrete (66,923 Cu.Ft)
( 144 lbs/cu.ft)
Agg Base Class II (83,193 Cu.Ft)
Asphalt Emulsion (Fog Seal/Paint Binder)
(1 ton = 240 gals) (116,103S.F.)
apply at 0.05+0.03 = 0.08 gal/SY
4,818
3,650 AC overlay (min. 0.10') (3,760 SF) 287
Curb and Gutter (Type A-8)
Sawcut Exist. A.C. Pavement
Cold Plane A.C. Pavement
Remove A.C. Pavement (46,336 SF)
Remove Chain Link Fence
40 5,148
3,081
871
4,726
17,654
Structural Reinforcement Concrete
P.C.C. Drive Approach
639
1,350
2 P.C.C. Cross Gutter and Spandrels
P.C.C. Sidewalk (Includes Meandering sidewalk)
P.C.C. Dip Section Std. 307
Remove Barricade
Type "D-1" Curb
Relocate Mailbox
2,475 Curb and Gutter (Type A-6)

ROADWAY EXCAVATION
Remove Curb and Gutter
Grinding A.C. , in place (3,853 SF)
(a.) Excavate and Fill
(b.) Excavate and Export
(c.) Import and Fill
If balance, provide (a.) only, either cut or fill
If export, provide (a.)&(b.) a = fill, b = cut - fill
If import, provide (a)&(c), a = cut, c = fill - cut
(Unit costs for (a),(b), & (c) are 20% of actual
costs to assure that work will be corrected to
eliminate hazardous conditions.)

UNIT AMOUNT QUANTITY ITEM
1,900

20.00 1. Projects with Grading Plan
Area x 0.50' (hinge point to hinge point)
Remove A.C. Dike
A.C. Dike (6")(incl. material & labor)
$$

2. Projects without a Grading Plan
Road area and side slopes to daylight
Cut (c) = Fill (f) =
C.Y.
428
Metal Beam Guard Railing

CITY OF WILDOMAR

IMPROVEMENT REQUIREMENT WORKSHEET
COST

STREET IMPROVEMENTS

0.00 Type "C" Curb
Type "D" Curb
Handicapped Access Ramp
A.C. Dike (8")(incl. material & labor)
Barricades
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Sheet 3 of 8

UNIT UNIT AMOUNT QUANTITY ITEM

CITY OF WILDOMAR

IMPROVEMENT REQUIREMENT WORKSHEET
COST

STREET IMPROVEMENTS
L.F. $ 10.00 $ 27,060.00
L.F. $ 80.00 $ 0.00
L.F. $ 12.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 10,000.00 $ 0.00
EA. $ 5,000.00 $ 40,000.00
EA. $ 2,500.00 $ 0.00
EA. $ 300.00 $ 0.00
C.Y. $ 400.00 $ 0.00
EA. $ 800.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 2,000.00 $ 0.00
EA $ 500.00 $ 0.00
S.F. $ 6.50 $ 0.00
S.F. $ 6.50 $ 0.00
C.Y. $ 400.00 $ 0.00
C.Y. $ 200.00 $ 0.00
C.Y. $ 40.00 $ 0.00
C.Y. $ 45.00 $ 0.00
C.Y. $ 50.00 $ 0.00
C.Y. $ 55.00 $ 0.00
C.Y. $ 60.00 $ 0.00
C.Y. $ 67.00 $ 0.00
C.Y. $ 75.00 $ 0.00
C.Y. $ 80.00 $ 0.00
L.F. $ 113.00 $ 0.00
L.F. $ 140.00 $ 0.00
L.F. $ 150.00 $ 0.00
L.F. $ 155.00 $ 0.00
L.F. $ 160.00 0.00
L.F. $ 165.00 0.00
L.F. $ 170.00 0.00
L.F. $ 175.00 0.00
L.F. $ 40.00 $ 0.00
L.F. $ 50.00 $ 0.00
L.F. $ 60.00 $ 0.00
L.F. $ 70.00 $ 0.00
L.F. $ 80.00 $ 0.00
L.F. $ 100.00 $ 0.00
L.F. $ 110.00 $ 0.00
L.F. $ 120.00 $ 0.00
EA. $ 2,200.00 $ 0.00
EA. $ 4,000.00 $ 0.00
EA. $ 7,800.00 $ 0.00
EA. $ 12,000.00 $ 0.00
2,706
Utility Trench, one side (Edison, Telephone,
Cable) (total length of Streets)
Terrace Drain & Down Drain
Pipe Gate
Curb Outlet Drainage Structure Std 308
Chain Link Fence ( 6' )
Relocate Power Pole
Street Lights (including conduit)
Relocate Fence
8 Cut Off Wall ( Std 2' )
Interceptor Drain
A. C. Overside Drain
Concrete Bulkhead
Private Drainage Structure Std 310
R.C. Box Culvert
Concrete Channel
Slope Anchors for Pipes
Under Sidewalk Drain Std 309
Flat Outlet Drainage Structure Std 303
Rip Rap ( 1/4 Ton ) Methob B
Grouted Rip Rap ( 1/4 Ton ) Method B
Rip Rap ( 1/2 Ton ) Methob B
Rip Rap ( 1 Ton ) Method B
Rip Rap ( 2 Ton ) Method B
24" R.C. P. Or 28" x 20" RCPA
Grouted Rip Rap ( 1/2 Ton ) Method B
Grouted Rip Rap ( 1 Ton ) Method B
Grouted Rip Rap ( 2 Ton ) Method B
36" R.C. P. Or 42" x 29" RCPA
18" C.S.P. HDPE Or Equal
24" C.S.P. HDPE Or Equal
42" R.C. P. Or 49" x 33" RCPA
54" R.C. P. Or 64" x 43" RCPA
48" R.C. P. Or 57" x 38" RCPA
60" R.C. P. Or 71" x 47" RCPA
18" R.C. P. Or 21" x 15" RCPA
30" R.C. P. Or 35" x 24" RCPA
48" C.S.P. HDPE Or Equal
54" C.S.P. HDPE Or Equal
Catch Basin W=14'
Catch Basin W=21'
Catch Basin W=7'
60" C.S.P. HDPE Or Equal
Catch Basin W=4'
30" C.S.P. HDPE Or Equal
42" C.S.P. HDPE Or Equal
36" C.S.P. HDPE Or Equal
2024-1029, ConstructionCostWorksheet.- Street Improvements.xls UNIT COSTS 3/01/2015
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333
Sheet 4 of 8

UNIT UNIT AMOUNT QUANTITY ITEM

CITY OF WILDOMAR

IMPROVEMENT REQUIREMENT WORKSHEET
COST

STREET IMPROVEMENTS
EA. $ 15,000.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 2,500.00 $ 0.00
EA. $ 3,000.00 $ 0.00
EA. $ 3,000.00 $ 0.00
EA. $ 3,700.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 12,500.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 3,300.00 $ 0.00
EA. $ 2,700.00 $ 0.00
EA. $ 5,000.00 $ 0.00
EA. $ 250.00 $ 0.00
EA. $ 600.00 $ 0.00
EA. $ 400.00 $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
S.F $ 2.50 $
EA. $ 100.00 $ 0.00
EA. $ 150.00 $ 0.00
EA. $ 400.00 $ 0.00
EA. $ 150.00
EA. $ 150.00 $ 0.00
EA. $ 250.00 $ 0.00
EA. $ 400.00 $ 0.00
EA. $ 60.00 $ 0.00
EA. $ 40.00 $ 0.00
EA. $ 45.00 $ 0.00
EA. $ 3.75 $ 0.00
L.F. $ 0.38 $ 0.00
L.F. $ 10.00 $ 0.00
L.F. $ 0.50 $ 0.00
L.F. $ 1.40 $ 0.00
S. F. $ 2.25 $ 0.00
S.F. $ 4.00 $ 0.00
EA 150,000.00 $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Adjust MH to Grade ( if no sewer plan )
Type IX Inlet
Manhole No. 3
Manhole No. 4
Junction Structure No. 6
Transition Structure No. 1
Transition Structure No. 2
Transition Structure No. 3
Catch Basin W=28'
Street Name Sign
Install Sign ( Strap and Saddle Bracket Method)
Type X Inlet
Junction Structure No. 1
Junction Structure No. 2
Adjust Water Valve to Grade ( if no water plan )

SIGNING, STRIPING AND SIGNALS
- Install Sign Mast Arm Hanger Method) Delineator ( Class 1 Type F)
Manhole No. 1
Manhole No. 2
Signal and Lighting
Thermoplastic Channelizing Limit Line and
Pavement Marking
Thermoplastic Cross Walk and Pavement Marking
Road Sign - Two Post
Remove, Sign, Salvage
Relocate Roadside Sign
Road Sign - One Post
8" Thermoplastic Traffic Stripe
Paint Traffic Stripe (2 Coats )
Remove Barricade
4" Thermoplastic Traffic Stripe
Remove Traffic Stripes and Paint Markings
Street Name Sign
Delineator ( Class 2 )
Pavement Marker, Reflective
Object Marker - Modified Type "F" Delineator
2024-1029, ConstructionCostWorksheet.- Street Improvements.xls UNIT COSTS 3/01/2015
FORMAT 3/01/2015
334
Sheet 5 of 8

UNIT UNIT AMOUNT QUANTITY ITEM

CITY OF WILDOMAR

IMPROVEMENT REQUIREMENT WORKSHEET
COST

STREET IMPROVEMENTS
$ 0.00
$
S. F. $ 6.00 $ 0.00
S. F. $ 15.00 $ 0.00
EA $ 140.00 $ 0.00
S. F. $ 5.00 $ 0.00
C.Y. $ 27.00 $ 0.00
EA $ 10,000.00 $ 0.00
EA $ 10,000.00 $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $
885,655.11
B. $ 221,413.78
C. $ 1,107,068.88
D. $ 221,413.78
E. Streets/Drainage Total (C + D) $ 1,328,482.66

BOND AMOUNT FOR RECORDATION PRIOR

TO HAVING SIGNED PLAND
( ORD.460, SEC. 10.3E)
Subtotal
20% x C
Streets/Drainage Total (A + B)
Administrative Contingency (25% x A)
NOTE: Use 25% for TR and PM
Use 5% for PP, CU, PU, MS and VL Cases
Water Meter
Maintenance Walk STD 113
Colored Stamped Concrete
Landscape Fill Material

LANDSCAPING
Landscape and Irrigation
Street Trees ( 15 Gallon )
Electric Meter
2024-1029, ConstructionCostWorksheet.- Street Improvements.xls UNIT COSTS 3/01/2015
FORMAT 3/01/2015
335
Sheet 6 of 8

UNIT
L.F. $ 13.00 $ 0.00
L.F. $ 16.00 $ 0.00
L.F. $ 21.00 $ 14,112.00
L.F. $ 27.00 $ 4,941.00
L.F. $ 31.00 $ 10,416.00
L.F. $ 40.00 $ 0.00
EA. 4" Gate Valve $ 650.00 $ 0.00
EA. 6" Gate Valve $ 800.00 $ 0.00
EA. 8" Gate Valve $ 850.00 $ 850.00
EA. $ 1,050.00 $ 0.00
EA. $ 1,250.00 $ 8,750.00
EA. Fire Hydrant (6") Super $ 2,500.00 $ 10,000.00
EA. Fire Hydrant (6") Standard $ 2,300.00 $ 0.00
EA. 4" Misc. Fittings $ 150.00 $ 0.00
EA. 6" Misc. Fittings $ 200.00 $ 0.00
EA. 8" Misc. Fittings $ 250.00 $ 750.00
EA. 10" Misc. Fittings $ 280.00 $ 0.00
EA. 12" Misc. Fittings $ 320.00 $ 2,560.00
EA. Blowoffs (4") $ 1,600.00 $ 0.00
EA. $ 475.00 $ 5,700.00
EA. $ 200.00 $ 0.00
EA. $ 1,000.00 $ 0.00
EA. $ 1,850.00 $ 1,850.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
$ $ 0.00
A. $
59,929.00
B. $ 14,982.25
C. $ 74,911.25
D. $ 14,982.25
E. $ 89,893.50
20% x C
Water Total (C + D)
NOTE: Use 25% for TR and PM
Use 5% for PP, CU, PU, MS and VL Cases
10" Gate Valve
12" Gate Valve