Wildomar City Council
January 14, 2026

FIRST AMENDMENT TO

SPECIFIC PLAN AND CEQA/EIR DOCUMENT

PREPARATION AND DEPOSIT CONTRACT

AMONG THE CITY OF WILDOMAR, THE BLUFFS AT
HIDDEN SPRINGS, LLC, AND PLACEWORKS, INC.

This First Amendment (“Amendment”) to The Bluffs Specific Plan and CEQA/EIR Document Preparation and Deposit Contract ( “Agreement”) dated September 11, 2024 (“Agreement”) is made and entered into this ___ day of January 2026, by and among the City of Wildomar, a municipal corporation (“City”), The Bluffs at Hidden Springs, LLC (“Applicant”), and PlaceWorks, Inc., a California corporation (“Consultant”). City, Applicant, and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

1. Pursuant to Agreement Article 5.3 (Amendments), the Parties agree that it is necessary to modify the Agreement’s title to more accurately reflect the Agreement’s current purpose and function, without reference to preparation of any specific environmental document. Accordingly, the title of the Agreement is hereby amended to read as follows: “THE BLUFFS SPECIFIC PLAN AND ENVIRONMENTAL REVIEW AND DEPOSIT CONTRACT.”

2. The Parties acknowledge that the Agreement was originally drafted in contemplation of preparation of an environmental impact report. To ensure consistency with the City’s environmental review process and to preserve the City’s discretion as lead agency under the California Environmental Quality Act (“CEQA”), all references in this Agreement to an “EIR,” “CEQA/EIR,” or “CEQA/Specific Plan Document” will be deemed to refer instead to environmental review under CEQA, as determined by the City in its sole discretion. Nothing in this Agreement will be construed to require preparation of any particular CEQA document.

3. Pursuant to Agreement Article 5.3 (Amendments), Articles 1.1 and 1.2 (Consultant Charges) are amended to reflect an increase in Consultant costs associated with expanded services as described in Attachment 1 to this Amendment (PlaceWorks Proposal dated October 20, 2025). The costs set forth in Article 1.1 are increased by $117,344 to establish a new total amount of $1,123,56. The estimated charges set forth in Article 1.2 are increased by $117,344 to establish a new total of $1,078,203. Attachment 1 is incorporated into this Amendment and the Agreement by this reference.

4. Pursuant to Agreement Article 1.4.2 (Subsequent Payments), Applicant must deposit with the City an additional amount of $117,344 to fund the increased Agreement costs described in this Amendment. Such additional deposit must be paid within ___ days of execution of this Amendment. The City will have no obligation to authorize or continue Consultant work in excess of deposited funds. 369
City of Wildomar
First Amendment to Agreement for Service
The Bluffs at Hidden Springs, LLC and PlaceWorks, Inc.

5. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart.

6. In accordance with Government Code § 16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

7. Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same.

[SIGNATURES ON NEXT PAGE]

370
City of Wildomar
First Amendment to Agreement for Service
The Bluffs at Hidden Springs, LLC and PlaceWorks, Inc.

IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written.

ATTEST: CITY OF WILDOMAR

By:

Janet Morales, CMC Chris Mann
City Clerk City Manager

APPROVED AS TO FORM:

Thomas D. Jex
City Attorney

“CONSULTANT”
PLACEWORKS, INC.

Kara L. Kosel
Vice President of Finance

“APPLICANT”

THE BLUFFS AT HIDDEN SPRINGS, LLC

Louis Dargenzio
Co-Manager

371
City of Wildomar
First Amendment to Agreement for Service
The Bluffs at Hidden Springs, LLC and PlaceWorks, Inc.

ATTACHMENT 1
PlaceWorks Proposal dated October 20, 2025

372

FIRST AMENDMENT TO

AGREEMENT FOR SERVICES BETWEEN

THE CITY OF WILDOMAR AND
PLACEWORKS, INC.

This First Amendment (“Amendment”) to that Agreement for Services dated September 11, 2024 (“Agreement”) is made and entered into this ___ day of January 2026, by and between the City of Wildomar, a municipal corporation (“City”) and PlaceWorks, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

1. Pursuant to Agreement Section 28 (Amendment), Agreement Recital A is amended to read as follows:

A. City has sought from its established on-call CEQA/Land Use Service Provider, PlaceWorks, Inc., to provide environmental and land use planning services in connection with preparation of a Specific Plan for the “Bluffs at Hidden Springs” mixed-use project (PLN 24-0048), the performance of which services are defined and described particularly in Section 2 of this Agreement, as amended.

2. Pursuant to Agreement Section 28 (Amendment), Section 2 (Scope of Services) and its referenced Exhibit “A” are amended to include the augmented services and coordination described in Attachment 1 to this Amendment (PlaceWorks Proposal dated October 20, 2025). Attachment 1 is incorporated into this Amendment and the Agreement by this reference.

3. Pursuant to Agreement Section 28 (Amendment), Section 4 (Compensation and Method of Payment) is amended to reflect that the existing not-to-exceed compensation payable to Service Provider in the amount of $960,859 is increased by $117,344 to account for the augmented services described in Attachment 1 to this Amendment (PlaceWorks Proposal dated October 20, 2025). As amended, the total not-to-exceed compensation under the Agreement will not exceed $1,078,203.

4. This Amendment may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one Amendment binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart.

5. In accordance with Government Code § 16.5, the Parties agree that this Amendment will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

373
City of Wildomar
First Amendment to Agreement for Service
PlaceWorks, Inc.

6. Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same.

[SIGNATURES ON NEXT PAGE]

374
City of Wildomar
First Amendment to Agreement for Service
PlaceWorks, Inc.

IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written.

ATTEST: CITY OF WILDOMAR

By:

Janet Morales, CMC Chris Mann
City Clerk City Manager

APPROVED AS TO FORM:

Thomas D. Jex, City Attorney

“SERVICE PROVIDER”
PLACEWORKS, INC.

Kara L. Kosel,
Vice President of Finance

375
City of Wildomar
First Amendment to Agreement for Service
PlaceWorks, Inc.

ATTACHMENT 1
PlaceWorks Proposal dated October 20, 2025

376
October 20, 2025
Robert Flores, Interim Community Development Director
City of Wildomar – Community Development Department
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Subject: Bluffs a t Hidden Springs Specific Plan Project – Contract Amendment – Specific Plan Services Dear Mr. Flores:

Understanding of the Project
To accommodate the changes to the land use plan and ongoing communication, as well as the shift from an Environmental Impact Report to a Section 15183 Consistency Analysis, this contract amendment includes a request for additional funds to cover the costs of the Specific Plan services, as summarized below. While contract amendments were provided by our subconsultants, ECORP Consulting, Inc. for biological resources services , and Fehr and Peers for transportation services, we have identified remaining funds in other tasks that can cover these amendments.

Scope of Work
TASK 1. SPECIFIC PLAN
Several iterations of the land use plan, beyond what we originally anticipated, were prepared to accommodate the City and applicant’s requests. As such, PlaceWorks is requesting additional funds to cover the overages and preparation of the Specific Plan.

TASK 2. MEETINGS AND COORDINATION
In order t o pr ovide ongoing support a nd communication with the City a nd applicant, Pl aceWorks i s requesting additional funds to cover meetings and coordination.

Cost Estimate
PlaceWorks submits this cost estimate not to exceed $117,344, as shown in Table 1, Cost Estimate.

Table 1. Cost Estimate

TASK COST
Task 1. Specific Plan $ 77,967
Task 2. Meetings and Coordination $ 39,377
Total $ 117,344
377

Acknowledgment
This contract amendment shall remain valid for a period of 3 0 days from the time of submittal. If you have any questions regarding the contents of this proposal, please contact Mark Teague at 916.245.7500 ext. 2730 / [email protected]. As a Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal.

We look forward to working with you to bring about the successful completion of this project.

Respectfully submitted,

PLACEWORKS
M
ark Teague, AICP
Principal Advisor, Land Use and Environmental Strategies 378

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

CONSENT CALENDAR
Agenda Staff Report # 1.15

Meeting Date: January 14, 2026
SUBJECT:

Bundy Canyon Road Improvement Project, Segment 2 - SCE
Power Pole Relocation Invoice
SUBMITTED BY:

Carlos Geronimo, Principal Engineer
PREPARED BY:

Carlos Geronimo, Principal Engineer

ACTION:

Authorize City Staff to make payment to Southern California Edison (SCE) for the relocation of existing electrical facilities associated with the Bundy Canyon Road Improvement Project, Segment 2 (Project) (CIP 026-2)
SUMMARY:

SCE owns and operates above-ground and underground electric facilities along the entire alignment of the Bundy Canyon Rd. Improvement Project, which require relocation and/or adjustments to conform with the proposed Project design. In order to complete this work, SCE requires the City to issue payment for relocation of facilities in areas in which the City does not have prior rights and therefore is fully responsible for the relocation.

BACKGROUND:

The Bundy Canyon Rd. Improvement Project, Segment 2 (Project), proposes to re-align and widen the existing two-lane road to four lanes including a double left turn median and shoulders. Within the project boundary exits various facilities owned and operated by utility agencies.

One of those utility agencies is Southern California Edison (SCE), which has above-ground and underground facilities used for distribution and transmission of electric power. Some of these facilities are located within public right-of-way that operate under a franchise agreement between the City and SCE or may have prior rights, which means these facilities existed prior to the creation of the public right-of-way. Other SCE facilities are located outside of the City right-of-way which will also be impacted by the Project.

SCE is fully responsible for the relocation costs within the public right-of-way. The City is fully responsible to pay for relocation costs of the SCE facilities located outside of the public right- of-way or that are in private property that are impacted by the Project.

DISCUSSION:

Over the last two years, the City has been coordinating with SCE to identify the facilities impacted by the project, establish prior rights, and prepare relocation plans. Due to the specialized type of work required to relocate electric facilities, SCE will do all of the relocation work and the City will reimburse SCE for the facilities the City is responsible for. The cost for the City's relocation responsibility is $320,477.61. A prior deposit of $18,300 was made by the 379
City to SCE towards this fee so that SCE could begin the Preliminary Engineering for the relocations.

Staff recommends that the City Council authorize City staff to make payment to SCE for the remaining balance of $302,177.61, as shown in the invoice included in Attachment A.

ACCOUNT CODE:

Project: CIP 026-2
Phase: Construction
Fund No: 503-4500-52115

ENVIRONMENTAL ANALYSIS:

The environmental impacts for the relocation of SCE's facilities are already identified and included in the Project's Environmental Impact Report approved on September 2014 and subsequent addendum prepared in July 2020.

FISCAL IMPACT:

Funding for the remaining balance of this payment to SCE in the amount of $302,177.61 will be covered by the FY 2025-2026 Capital Improvement Program budget, as approved by the City Council, using TUMF funds available for the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2). No additional funds are needed at this time.

ATTACHMENTS:

A - SCE Invoice for Bundy Relocations
380
Southern California Edison Company
Invoice Date:

SCE Contact:

Telephone:

Install - Billing Option:

Invoice Term:

Customer Name:

Customer Email:

District Address:
90 Days

FARAG, JASON
[email protected]
08/26/2025
Lindsey Dawn Allred Young23873 CLINTON KEITH RD
WILDOMAR CA 92595
24487 PRIELIPP ROAD WILDOMAR CA
Document # 7590657744
OTHER: This amount represents the total SCE other costs required to complete the work request. In most cases, this other amount will consist of all additional requirements needed for completing the work request. This other amount typically consists of items such as Added Facilities one time charges, contractor work, rights check, and permits.

MATERIAL: This amount represents the total SCE material required to complete the work request. In most cases, this material amount will consist of construction material and any additional material required for completing the work request. The construction material will typically consist of installation and service material such as transformers, cable, conductor, poles, meters, riser, switches, fusing equipment, handholes, and cross-arms. All applicable material related overheads are also included TOTAL TAX:

Description Amount
Service Request Number 3649154
Project Description
$132,150.68
$103,810.37
$46,498.40
$282,459.45
$280,316.31
TAX: $0.00
$40,161.30

24.00%
$0.00

24.00%
$40,161.30
COMMENTS:

DEPOSITS:

TOTAL DEPOSITS:
$(2,143.14)
$0.00
$(18,300.00)
$(18,300.00)
$ 320,477.61
NET CONSTRUCTION BILLING / RELOCATION ADVANCE:

TOTAL PROJECT INVOICE AMOUNT:

TOTAL CREDITS:

LABOR: This amount represents the total SCE labor required to complete the work request. In most cases, this labor amount will consist of construction labor and any additional labor required for completing the work request. The construction labor amount will typically consist of installation and service labor required for the work request. The additional labor amount will typically consist of labor for inspection, cable and equipment make-up, dead ending, traffic control, grounding, supervision, and switching. All applicable labor related overheads for items such as the design, engineering, and project management are also included in the total SCE labor amount.

This amount represents the total SCE credits required to complete the work request. In most cases, this credit amount will consist of: Salvage Credit Depreciation Credit JPA Credit Overhead Equivalent Credit

1. ITCC on Applicant Furnished Tax Base (Taxable Amount):

Tax Rate:

Tax Amount:

2. ITCC on Net Construction (Less Non Taxable Amount) Tax Base (Taxable Amount):

Tax Rate:

Tax Amount:

Preliminary Design & Engineering Advance
Previous Payment
$(2,143.14)
TOTAL LABOR, MATERIAL, OTHER:
$167,338.74
CREDITS:

Design #:
2208999 - RELOCATE FACILITIESProduct #:

PHASE 2Design Description 1687727
BUNDY CYN RD & OAK CYN DR TO HARVEST WAY VARLOC WILDOMAR CA 92595Project Location:

Invoice # 562539
381
Southern California Edison Company
Invoice Date:

SCE Contact:

Telephone:

Install - Billing Option:

Invoice Term:

Customer Name:

Customer Email:

District Address:
90 Days

FARAG, JASON
[email protected]
08/26/2025
Lindsey Dawn Allred Young23873 CLINTON KEITH RD
WILDOMAR CA 92595
24487 PRIELIPP ROAD WILDOMAR CA
Document # 7590657744
COMMENTS CONTINUED:

ADDITIONAL PAYMENT INSTRUCTIONS:

If paying by check, please follow instructions on payment stub JP Morgan Chase Bank
New York, NY
ABA#: 021000021 - Acct#: 323-394434
SCE Taxpayer ID No. 95-1240335
Document #: 7590657744
SCE Contact:
*** Failure to properly identify your document number and SCE contact may delay the application of funds and initiation of your project Instructions for wire or ACH payments:

Special Instructions for overnight delivery methods: Southern California Edison Attn: Accounts Receivable
8631 Rush Street G-53
Rosemead, CA 91770
Lindsey Dawn Allred Young
23873 CLINTON KEITH RD
WILDOMAR CA 92595
Make check payable to Southern California Edison
Thank you for paying promptly
Payment
Stub
Please pay total amount now due:

Please detach and return payment stub with payment

FARAG, JASON
$302,177.61
ATTN: Accounts Receivable
PO Box 800
Rosemead, CA 91771-001
Document # 7590657744
382

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.1

Meeting Date: January 14, 2026
SUBJECT:

Discussion and Adoption of 2026 City Council Goals
SUBMITTED BY:

Cory Gorham, Assistant to the City Manager
PREPARED BY:

Cory Gorham, Assistant to the City Manager

ACTION:

That the City Council adopt goals for the 2026 calendar year as presented.

BACKGROUND:

The purpose of the City Council’s annual goal setting is to clearly identify and adopt a list of agreed upon priorities for the year. Once adopted, these goals will help guide the Council and staff to ensure that time and other resources are allocated in a manner consistent with the Council’s shared objectives for the City.

This process does not result in a comprehensive list of specific projects or tasks, but rather a set of broad goals. Setting goals for the organization is a responsibility of the City Council, while achieving those goals through the establishment and execution of specific objectives is more appropriately the role of the City Manager and staff.

DISCUSSION:

Based on input from council members and staff, several proposed goals have been identified for consideration. Staff recommends that the City Council discuss these proposed goals, along with any others that are of importance to members of the Council, and adopt a list of goals for the 2026 calendar year.

Proposed goals:

1 .

Complete A Strategic Planning Process
2 .

Begin Work on Historic Old Town Specific Plan
3 .

Streamline Processes / Enhance Resident and Business Friendly Approach 4 .

Prioritize and Execute Key CIP Projects
5 .

Enhance Community Engagement
6 .

Enhance Emergency Preparedness
7 .

Facilitate Responsible Economic Development

FISCAL IMPACT:

No fiscal impact at this time. However, adopted goals may necessitate adjustments to the adopted Biennial FY2026 & 2027 Budget.

383

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.2

Meeting Date: January 14, 2026
SUBJECT:

Budget Adjustment - Strategic Plan
SUBMITTED BY:

Cory Gorham, Assistant to the City Manager
PREPARED BY:

Cory Gorham, Assistant to the City Manager

ACTION:

Approve the supplemental appropriation in the amount of $55,650 in account 100-4120-52115 Professional & Contractual Services.

SUMMARY:

Following a competitive Request for Proposals (RFP) process, Baker Tilly was identified as the preferred consultant to assist the City with the development of a long-term community vision and a five-year strategic plan. While the agreement falls within the City Manager’s authority to execute, a budget adjustment is required to fully fund the project.

BACKGROUND:

On September 10, staff brought an item to Council recommending the review and approval of an RFP for a consultant to lead a strategic planning process. The City was seeking to develop a comprehensive strategic plan that establishes a long-term vision for the community and provides an actionable framework to guide City Council priorities, organizational decision- making, and resource allocation over the next five years. The scope of required services included a heavy emphasis that incorporated engagement and feedback from the community, City Council, and staff.

On September 15, staff issued the RFP via Planetbids and received six (6) proposals from qualified firms. Proposed costs ranged from $26,500 to $99,100, reflecting varying scopes of work, engagement approaches, and implementation methodologies.

DISCUSSION:

Staff reviewed each proposal for demonstrated experience, proposed approach, project timeline, cost, and the quality of examples provided from previously completed strategic plans.

This review included an assessment of how each firm proposed to engage City Council, staff, and the community, and how effectively they demonstrated an ability to translate that input into a clear and actionable strategic framework.

Based on this evaluation, Baker Tilly was identified as the preferred vendor. Baker Tilly’s proposal demonstrated a comprehensive understanding of the City’s goals and clearly articulated a planning process that places strong emphasis on stakeholder engagement at all levels. Their approach includes structured opportunities for City Council involvement, meaningful staff input, and broad community engagement, ensuring the resulting strategic plan reflects both organizational realities and community priorities. In addition, the examples 384
provided of previously completed strategic plans for other entities illustrated a strong track record of delivering practical, well-organized, and implementable plans.

The proposed agreement with Baker Tilly is classified as a professional services contract. In accordance with Municipal Code Chapter 3.28 – Contracts for Services, the City followed the appropriate procurement process for professional services, which allows for selection based on qualifications, experience, and demonstrated competence rather than lowest cost alone.

The agreement is within the City Manager’s authority to execute; however, a budget adjustment is required to establish sufficient appropriations for the services.

Approval of the recommended budget adjustment will allow the City to proceed with a strategic planning effort that is consistent with the intent of the RFP and supports meaningful engagement with the community, City Council, and staff, resulting in a strategic plan that will guide the City’s priorities and decision-making in the years ahead.

ACCOUNT CODE:
100-4120-52115

FISCAL IMPACT:

Upon execution of an agreement, approval of this item will result in a budget adjustment not to exceed $55,650 to fund strategic planning consulting services.

ATTACHMENTS:

City of Wildomar Strategic Plan Proposal October 2025 - Baker Tilly.pdf 385

OCTOBER 15, 2025

City of Wildomar

PROPOSAL FOR STRATEGIC PLANNING SERVICES
Colleen Rozillis, Principal
Annie Rose Favreau, Director

386

Art Villa
Accounting
Specialist II
City of Wildomar
23873 Clinton Keith
Road
Suite 201
Wildomar, CA 92595

1. Introduction and cover letter
Dear Art:

We are extremely pleased to submit our proposal to provide a strategic plan for the City of Wildomar (the City). We are confident we offer the team, capabilities, approach, and level of dedicated service that will meet or exceed your expectations for the following reasons:
• Extensive strategic planning expertise. For over 40 years, we have provided strategic planning services to public sector organizations, not-for-profit entities, and businesses.

Our planning expertise will enable us to help the City develop a comprehensive and achievable strategic plan that engages stakeholders throughout the planning process.

Our approach identifies not just key goals and priorities, but the practical, actionable steps to attain goals; implementation planning; and performance measures to monitor and report progress to leadership and the community.
• Our approach is grounded in comprehensive stakeholder engagement. We firmly believe the planning process is just as important as the resulting plan. Effectively engaging City leadership, employees, and community stakeholders will be critical to successful execution of the plan.
• Professionals who work effectively with government leadership. Because we’re hired by government clients to solve challenging oversight and operational problems at the highest levels, we’re well versed at dealing with all levels of government. Your proposed team reports to councils, finance and audit committees, and senior management on a regular basis. Our engagement is staffed with personnel located across the nation. This allows us to escape geographic boundaries to provide the City with the most experienced and qualified staff for the engagement.

We hope after reviewing our proposal you find Baker Tilly highly qualified to provide the City’s strategic planning facilitation services. We look forward to the possibility of working with you on this important undertaking. Thank you for your consideration.

We can’t wait to get started.

Sincerely,

Colleen Rozillis, PMP Annie Rose Favreau
Principal Director
+1 (206) 302 6795 +1 (206) 302 6326
[email protected] [email protected] 387

Contents

1. Introduction and cover letter 2

2. Project understanding and approach 4

3. Tentative schedule 8

4. Proposer Qualifications 9

5. References 18

6. Agreement 20

7. Compensation 20

The information provided here is of a general nature and is not intended to address the specific circumstances of any individual or entity. In specific circumstances, the services of a professional should be sought.

Baker Tilly US, LLP and Baker Tilly Advisory Group, LP and its subsidiary entities provide professional services through an alternative practice structure in accordance with the AICPA Code of Professional Conduct and applicable laws, regulations and professional standards. Baker Tilly US, LLP is a licensed independent CPA firm that provides attest services to clients. Baker Tilly Advisory Group, LP and its subsidiary entities provide tax and business advisory services to their clients. Baker Tilly Advisory Group, LP and its subsidiary entities are not licensed CPA firms.

Baker Tilly Advisory Group, LP and Baker Tilly US, LLP, trading as Baker Tilly, are independent members of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity, and each describes itself as such. Baker Tilly Advisory Group, LP and Baker Tilly US, LLP are not Baker Tilly International’s agent and do not have the authority to bind Baker Tilly International or act on Baker Tilly International’s behalf. None of Baker Tilly International, Baker Tilly Advisory Group, LP, Baker Tilly US, LLP nor any of the other member firms of Baker Tilly International has any liability for each other’s acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited.
388

Proposal for the City of Wildomar 4

2. Project understanding and approach
We understand that the City of Wildomar is aiming to partner with an experienced consulting team to develop a forward-looking, actionable strategic plan that articulates a 10- and 20-year community vision supported by a 5- year strategic plan. The project will guide the City in defining its desired future, aligning stakeholders around shared priorities, and setting measurable goals to inform decision-making and resource allocation. This effort will include robust community engagement, active involvement of City Council and staff, and the integration of performance monitoring tools to track progress and support adaptive implementation. The resulting plan will serve as a dynamic framework that aligns the City’s aspirations with achievable outcomes in areas such as land use, economic development, fiscal health, and community identity.

We’ll achieve a successful strategic planning
process by properly initiating and defining the
project, understanding your strategic priorities,
efficiently performing the work, and preparing
clearly articulated deliverables. Each stage of our
integrated approach to the strategic planning
process is described below.

Phase 1 COORDINATION
Project coordination will encompass finalizing the work plan, establishing progress reporting requirements, confirming responsibilities and timing, ongoing project management, and quality assurance.

Finalize work plan
Upon contract award, we will conduct a kickoff meeting with the City’s strategic planning team to finalize the work plan and establish clear expectations for the project. The work plan will define the scope, timing, resources, and level of effort required to complete each phase. The work plan will also specify the stakeholder engagement process and communication plan, including target participants for each engagement opportunity including staff, leadership, and community stakeholders.

Provide progress reports
We’ll work with City leadership to establish protocols for managing work and submitting progress reports to verify the project is being performed on time, within budget, and at a satisfactory level of quality. To keep you informed of project progress, we will host biweekly or monthly progress coordination meetings, in-person meetings at key milestones, and will provide regular reports (at the City’s desired frequency) that address schedule status, budget status, and any issues that may require attention.

Perform quality assurance
A principal will review all deliverables to verify that our mutual quality standards are met before submittal.

PHASE 1 DELIVERABLES

• Final work plan and schedule
• Ongoing progress reports
• Ongoing quality assurance reviews

We collaborate with our clients to deliver
insightful, high-quality work products that
enhance a productive and rewarding
planning process.
389

Proposal for the City of Wildomar 5

Phase 2 FACT FINDING
We believe the strategic planning process is just as important as the resulting plan. Fact finding activities will include assembling appropriate information from relevant documents and stakeholder engagement.

Conduct Environmental Scan
The needs assessment/environmental scan will provide essential input for the planning process by identifying focus areas to be addressed by goals, objectives, and initiatives. • We’ll conduct interviews and/or focus groups with City Council members, senior management team, and other key internal leaders, as identified by the City.
• We will request and review relevant documents, including past plans, organizational charts, and budgets, along with previously collected employee or community feedback. • We will also administer an all-staff survey to gain insights from employees across the organization.

Key elements of the environmental scan will include understanding the City’s current and future needs as we assess values, strengths, weaknesses, opportunities, and threats.

Conduct Community Visioning Process
To facilitate a meaningful community visioning process, we will design and lead a series of inclusive and accessible public outreach activities that engage a broad cross-section of Wildomar residents, businesses, and community stakeholders. This will include:
• Three community open houses (two virtual and one in-person) designed to gather insights about community values, aspirations, and priorities for the City’s future • A user-friendly online survey to broaden participation and capture input from those unable to attend the meetings
All engagement activities will be carefully planned to encourage open dialogue, ensure diverse representation, and surface both shared themes and unique perspectives. Input gathered will be synthesized into a comprehensive summary report that will inform and guide the City Council in articulating a clear and compelling long-term vision.

PHASE 2 DELIVERABLES

• Environmental scan results
• Employee survey results
• Community open house agenda, materials, and facilitation

Phase 3 FACILITATION
This phase involves planning workshops with City leaders to develop the core elements of the strategic plan.

Planning session facilitation
We’ll facilitate between two and three strategic planning workshops with City leadership (City Council and senior management) to create the core elements of the strategic plan. Our planning sessions will focus on the development of strategic goals aligned with the organization's mission, vision, and values; actionable 390

Proposal for the City of Wildomar 6

strategies; and performance metrics. Key inputs from the needs assessment and stakeholder engagement will be synthesized and presented for consideration during the work session.

The work session will be both an interactive and iterative process where input from the Council, management, staff, and community is merged to create a document that reflects the insights and priorities of each group. The goal is to ensure that: 1) priorities are well understood, 2) there is strong alignment between the overarching strategy and the specific tactics, and 3) performance measures are meaningful.

PHASE 3 DELIVERABLES

• Planning session agenda, materials, and facilitation
• Planning session results
•

Phase 4 REPORTING
The final phase planning process includes drafting and finalizing the strategic plan.

Draft strategic plan
In addition to the information developed for each stage of the planning process, the primary deliverable will be a comprehensive strategic plan that documents the planning process, participants, and results.

The strategic plan will function both as the City’s blueprint for success and as a powerful communication tool that clearly defines the City’s mission, vision, priorities, goals, objectives, strategies, and outcome measures.

The plan will serve as a “living” document that covers a five-year period. The overall strategic plan will incorporate the following elements:
• Vision, mission, and values
• Goals, objectives, and actions
• A high-level implementation roadmap
• Outcome-focused performance metrics
Review and revise the strategic plan
We will submit the draft plan to City leadership for review and revise the draft plan based on comments. If desired, we can also conduct employee and/or community surveys to gather additional feedback on the draft plan. We will synthesize all input to identify themes that can be reviewed by City leadership for potential inclusion in the draft plan.

Submit final strategic plan
We will then present the finalized plan and process overview to City Council for adoption.

Process implementation Support
Key to implementation success is ongoing tracking, reporting, and evaluation of plan execution. We’ll work with the City to establish an implementation tracking template and a process for data collection to support performance reporting and monitor progress toward the strategic goals. 391

Proposal for the City of Wildomar 7

PHASE 4 DELIVERABLES

• Draft strategic plan
• Employee and/or community survey results (optional)
• Final strategic plan
• Implementation tracking template and process for tracking and reporting status of the strategic plan
Key staff members
Building trust with our client-focused approach to staffing The work we do matters to you, and it matters to us. As a team, we’ll work together to bring you:

One of our key differentiators is the staff we assign to our projects. Clients regularly praise our staff on their industry knowledge, professionalism, and practical approach. Our proposed team was selected because their skillsets and experience align to your requirements.

Colleen Rozillis, principal, will be your principal for this engagement and will also serve as the project’s quality assurance reviewer. In this role, she will serve as an escalation point for the City and the reviewer of all deliverables to make sure they meet the high-quality standards of the firm. Annie Rose Favreau, director, will be the project manager who will lead the day-to-day work effort as well as being the project’s primary contact.

They each have significant experience supporting public sector clients.

As you’ll see below and in the The right team section, our proposed team composition reflects a robust combination of quality assurance, project management, analytical expertise, and relevant industry experience.

We will not be using any subcontractors for this project.

City of Wildomar’s engagement team
Colleen Rozillis, Principal – Engagement Reviewer
Annie Rose Favreau, Director – Project Manager
Jessie Lenhardt, Senior Manager – Facilitator
Annie Fadely, Manager – Facilitator
Emily Hayes, Manager – Data Lead
Claire Kasinadhuni, Senior - Analyst
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Proposal for the City of Wildomar 8

City Staff Support
To ensure a smooth and collaborative strategic planning process, we request that the City designate a primary point of contact to coordinate logistics, facilitate internal communications, and serve as a liaison between our team and City leadership. In addition, we anticipate needing staff support to:
• Gather requested documents and previously collected data • Assist with interview scheduling
• Secure a suitable meeting space for the in-person community open house and any on-site strategic planning workshops
• Promote the community engagement work (including surveys and public meetings) The senior management team will also be asked to participate in interviews, onsite work sessions, and the review of draft deliverables.

3. Tentative schedule

PHASES AND TASKS MONTH
1 MONTH
2 MONTH
3 MONTH
4 MONTH
5 MONTH
6 Phase 1: Coordination

Phase 2: Fact finding
Phase 3: Facilitation
Phase 4: Reporting

Estimated hours by phase and staff level

PHASES AND TASKS PRINCIPAL DIRECTOR SENIOR

MANAGER MANAGER SENIOR
Phase 1: Coordination 1 5 5 5 10
Phase 2: Fact finding 1 10 10 15 25
Phase 3: Facilitation 1 10 20 25 13
Phase 4: Reporting 1 5 10 10 20

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Proposal for the City of Wildomar 9

4. Proposer Qualifications
This is more than a proposal. It's a promise. To serve as your sounding board, your navigator and your second set of eyes on the horizon.

Guiding you with our resources, reputation and reach
Making decisions today to shape tomorrow is never easy. That’s why the City needs a consulting firm with the right blend of industry insight, functional expertise and technical know-how. Baker Tilly is that firm.

We focus on the intersection of strategy and execution to help you move forward with clarity and confidence.

Our consulting services are designed to:
• Deliver innovative, practical solutions that help you adapt quickly, implement best practices and stay competitive in any environment
• Identify and mitigate risk, so you can make informed decisions with greater certainty • Solve your toughest challenges, with a team that brings creativity, agility and deep industry/sector knowledge
Our reputation for quality is well-documented. As a leading advisory, tax and assurance firm, we were named a “Leader in Consulting” by Accounting Today. Below are key facts about our consulting practice, including the depth of resources that stand ready to support the City’s project team:

Baker Tilly at a glance

When you engage with us, you gain more than a service provider—you gain a collaborative team that aligns with your culture, adapts to your needs and delivers measurable impact. Our flexible engagement model meets you where you are and helps you get where you want to go.

Most importantly, the City will benefit from an exceptional experience for your leadership team, your internal teams and those you serve.
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City experience
Our firm not only has an extensive Government Services Practice but also deep experience specific to cities.

The majority of the cities we work with are running on tight budgets and challenged to find innovative ways to reduce costs while maintaining the service levels their constituents expect.

What you’ll find working with Baker Tilly is a team that blends creativity and experience to offer new possible ways for the City to reduce risk, gain efficiency, and take advantage of unique opportunities as they develop.

By bringing innovation and creativity together, you’ll work with a team that understands and specializes in counties like yours.

The depth of our practice means we understand the issues you face today and can provide the specialized services you need now and in the future. Our firm’s professionals currently serve as auditors and consultants for more than 500 cities across the nation.

REPRESENTATIVE CITY CLIENTS
• City of Albuquerque, New Mexico
• City of Ashland, Oregon
• City of Bandon, Oregon
• City of Bend, Oregon
• City of Benicia, California
• City of Brookings, Oregon
• City of Corona, California
• City of Culver City, California
• City of Cupertino, California
• City of El Paso, Texas
• City of Farmington, New Mexico
• City of Glendale, Arizona
• City of Hobbs, New Mexico
• City of Lake Stevens, Washington
• City of Las Cruces, New Mexico
• City of Las Vegas, New Mexico
• City of Medford, Oregon
• City of Patterson, California
• City of Portland, Oregon
• City of Redondo Beach, California
• City of Renton, Washington
• City of Salem, Oregon
• City of Santa Monica, California
• City of Stockton, California
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REPRESENTATIVE CITY CLIENTS
• City of Grants Pass, Oregon
• City of Gresham, Oregon
• City of Tigard, Oregon
*Our representative city clients have been served by either heritage Moss Adams or heritage Baker Tilly before the merger effective June 3, 2025.

Relevant experience
The most effective solutions are born from a deep service understanding. Our decades-long record of providing strategy services to city clients will help us achieve a practical strategic plan for the City.

Our consulting team brings decades of experience in assisting organizations like the City to realize their vision and set priorities through our strategic planning services. We support local governments and their agencies, not-for-profit organizations, tribes and tribal entities, and businesses in developing and implementing strategic plans.

Our dedicated consultants have a proven track record for developing collaborative, inclusive plans founded in broad stakeholder engagement. Outreach to leadership, employees, community members, partners, and other stakeholders is a crucial component of our strategic planning process. We engage a variety of key stakeholders to gather insights into your organization's strengths, weaknesses, opportunities, and threats.

We are deeply familiar with the process of uncovering all relevant institutional factors and bringing people together to create an actionable plan. Our approach not only identifies key goals and priorities but also outlines practical, actionable steps to achieve these goals, along with implementation planning and performance measures to monitor and report progress.

As an objective external partner who’s successfully honed our approach over many years, we help make strategic planning an achievable, enjoyable, and useful process for all involved.

Similar projects
Baker Tilly has worked with many local governments to develop and implement strategic plans. All strategic plans that our team has produced for city clients have been successfully adopted. Website links for some recent strategic plans are included below. Please note that these strategic plans were completed as Moss Adams before the Baker Tilly merger effective June 3, 2025.

City of Corona, California
City of Salem, Oregon
Corona-Norco Unified School District
We have included additional details about each of these projects in the references section below. 396

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The right team
We assemble the right team with the right experience to serve you year after year and take you further than anyone thought possible.

Meet the service team we’ve assembled to achieve everything you envision. Selected intentionally for your goals and backed by our specialized resources, these individuals are collaborative and multidisciplinary. Their passion for the industry or sector name industry/sector will make them an unstoppable force on your behalf.

You’ll find their bios below.

Colleen Rozillis, PMP, Principal

Engagement
Reviewer
Professional Experience
Colleen has over 20 years of experience providing strategic guidance to a diverse range of clients. She helps organizations enhance their operations and culture, improve strategic leadership and planning, reduce risk, and cultivate more effective governance. She works collaboratively with clients to understand their goals and objectives and define organizational and programmatic changes to better equip and position them to achieve those goals.

Colleen leads the firm’s Strategy & Operations Consulting Practice, overseeing strategic and management consulting, environmental, social, and governance (ESG) consulting, and public sector internal and performance auditing. She also serves as the consulting leader for the firm's Public Sector, Not-for-Profit, and Tribal industry group, and as the firm’s Government National Practice leader.

Colleen has provided strategic planning consulting services to clients including City of Benicia, Burns Paiute Tribe, Carson City, Chitimacha Tribe, Corona- Norco School District, City of Corona, City of Creswell, City of North Las Vegas, City of Signal Hill, County of Maui Planning Department, Curry County, City of Patterson, Platte River Power Authority, City of Roseville, City of Salem, and San Manuel Band of Mission Indians.

Professional Affiliations
• Immediate Past Chair, Board of Trustees, Humanities Washington • Member, Society for Corporate Governance
• Member, Project Management Institute
• Member, International City & County Management Association • Member, Institute of Internal Auditors
• Member, Association of Local Government Auditors
Professional Certifications
• Project Management Professional (PMP)
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Proposal for the City of Wildomar 13

Colleen Rozillis, PMP, Principal
Education
• MS, public policy and management, Carnegie Mellon University • BA, English and political science, University of Michigan • Diversity and Inclusion Certificate, Cornell University

Annie Rose Favreau, Director

Project Manager
Professional Experience
Annie Rose helps mission-driven organizations increase their impact. With a focus on organizational development, her areas of expertise include strategic planning, governance consulting, organizational assessments, performance measurement development, and leadership facilitation.

Annie Rose has extensive experience bringing practical insights and clear solutions for complex problems to an array of clients in the public and social sectors—including local, state, and tribal governments, not-for-profit organizations, foundations, and higher education institutions.

Annie Rose has recently provided strategic planning consulting services to local government clients including Burns Paiute Tribe, CDRP, Chelan Douglas Regional Port Authority, Chitimacha Tribe of Louisiana, Corona-Norco School District, City of Corona, City of Salem, City of Signal Hill, City of Patterson, County of Maui, Curry County, Inland Empire Utility Agency, Klamath County, Lane County, Makah Tribe, Northern Ohio Regional Sewer District, Oregon Public Defense Commission, Platte River Power Authority, Port of Cascade Locks, and the Port Gamble S’Klallam Tribe.

Professional Affiliations
• Member, Institute of Internal Auditors (IIA)
• Member, International City and County Manager’s Association (ICMA) • Board member, Strawberry Theatre Workshop
Professional Certifications
• Equity-Centered Facilitation Certification, Center for Equity and Inclusion
• Certificate of Nonprofit Board Consulting, BoardSource Education
• MPA, Daniel J. Evans School of Public Policy and Governance, University of Washington
• BA, French and English literature, Seattle University 398

Proposal for the City of Wildomar 14

Jessie Lenhardt, PMP, Senior Manager

Facilitator
Professional Experience
Jessie specializes helping clients in both the public and private sectors reach their organizational development goals. Her experience includes strategic planning, succession planning, process enhancement, evaluations of organizational and operational efficiency, compensation benchmarking, and assessments of structure and staffing. Jessie's approach is grounded in a deep understanding of the dynamics that shape effective organizations and she brings a unique blend of strategic thinking and operational acumen to each engagement.

Jessie is dedicated to advancing organizational development strategies that that align with broader organizational goals. She has a keen ability for identifying areas that need improvement and she excels at implementing targeted interventions that boost efficiency, stimulate innovation, and elevate overall organizational effectiveness. Jessie has garnered an outstanding reputation for her collaborative approach, integrity, and solution-oriented mindset. She consistently drives tangible and sustainable improvements within the organizations she serves.

Jessie works with clients in both the public and private sector, and across several industries including state, local, and tribal governments, construction, not-for-profit, higher education, health care, and technology.

Jessie’s recent municipal clients include City of Bakersfield, City of Cupertino, City of Glendale, City of North Las Vegas, City of Salem, City of Santa Monica, City of Stockton, County of Orange, Douglas County, and Klamath County.

Professional Affiliations
• Member, Project Management Institute
• Member, International Financial Reporting Standards Foundation • Member, International City & County Management Association • Member, Association of Local Government Auditors
Professional Certifications
• Project Management Professional (PMP)
Education
• MA, organizational leadership, Gonzaga University
• BA, art history, University of Oregon

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Annie Fadely, Manager

Facilitator
Professional Experience
Annie works with public sector and values-driven organizations on projects that improve organizational health, maximize resources, and align operations with strategic goals. Her expertise includes assessing functional alignment, staffing levels, risk exposure, and operational efficiency; performance auditing; identifying process improvements; group facilitation and stakeholder engagement; strategic planning; and change management. Annie takes a collaborative, transparent, and detail-oriented approach to each project.

Prior to joining Baker Tilly, Annie held roles in economic policy and political campaign consulting.

Annie has provided strategic planning services to clients including City of Duvall, City of Salem, City of Cupertino, City of Stockton, City of Modesto, City of Bakersfield, Orange County, the Port of Cascade Locks, the Chitimacha Tribe of Louisiana, the Inland Empire Utility Agency, the Oregon Public Defense Commission, and the Port Gamble S’Klallam Tribe.

Professional Affiliations
• Member, International City and County Management Association (ICMA)
• Member, Association of Local Government Auditors (ALGA) • Member, Institute of Internal Auditors (IIA)
Professional Certifications
• Certified Change Practitioner (ProSci)
Education
• MPA, Daniel J. Evans School of Public Policy and Governance, University of Washington
• BA, international studies, University of Washington

Emily Hayes, CIA, Manager

Data Lead
Professional Experience
Emily has served a variety of clients since joining Baker Tilly in 2011 by delivering a diverse array of consulting, internal audit, and in-depth research services. Her passion is for helping clients identify, evaluate, and implement opportunities for improvement by providing strategic, operational, and risk management consulting services. Emily’s background in research and information management drives her commitment to connecting clients with meaningful, actionable information as part of every engagement. 400

Proposal for the City of Wildomar 16

Emily Hayes, CIA, Manager
Her professional areas of focus include assessing and streamlining business processes for effectiveness and efficiency; delivering data transformation support services; strengthening organizational resilience through business continuity and contingency planning; and supporting organizations through mitigating inherent and emerging risks.

Emily leads the delivery of targeted research and analysis services including the development and administration of surveys; developing and tracking performance measures; financial, operational, and compensation benchmarking; and economic, industry, and market analysis.

Her municipal clients include the City of Abilene, City of Bakersfield, City of Berkeley, City of Corona, City of Creswell, City of Culver City, City of Cupertino, City of El Paso De Robles, City of Eugene, City of Glendale, City of Laguna Niguel, City of Menlo Park, City of Modesto, City of New Port Richey, City of Newport Beach, City of Palo Alto, City of Patterson, City of Portland, City of Redondo Beach, City of Renton, City of Roseville, City of Salem, City of San Jose, City of Santa Monica, City of Santa Rosa, City of Stockton, City of Vancouver, and City of Wasilla.

Professional Affiliations
• Board of Directors Treasurer, Seafair Charitable Foundation • Member, Association of Local Government Auditors (ALGA) • Member, Institute of Internal Auditors (IIA)
• Member, International City and County Manager’s Association (ICMA) Professional Certifications
• Certified Internal Auditor (CIA)
Education
• MS, information management, University of Washington
• BA, international studies, American University

Claire Kasinadhuni, Senior

Analyst
Professional Experience
Claire has been providing consulting and analytical services since 2020. Her experience includes statistical data analysis, research, literature reviews, and strategy support. She has also been involved in program analysis, the development and implementation of system updates, as well as vulnerability assessments.
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Claire Kasinadhuni, Senior
Claire’s recent clients include Makah Tribe, Tahoe Forest Hospital District, City of Santa Monica, City of Glendale, Lane County, Delaware Office of Defense Services, Oregon Public Defense Commission, Washington State Bar Association, and State of Utah.

Professional Certifications
• Certificate of Applied Policy and Governance, Sacramento State Capital Fellows Program
Professional Affiliations
• Member, International City and County Management Association (ICMA)
• Member, Association of Local Government Auditors (ALGA) • Member, Institute of Internal Auditors (IIA)
Education
• BA, environmental studies, University of Washington
• MA, public administration, University of Washington

Why choose Baker Tilly?
When selecting a firm to conduct your strategic plan, you’ll likely consider many factors: fees, experience, technical expertise, and knowledge of your industry. But there are other elements you’ll want to take into account. For example:
• Communication. Will your service team communicate frequently with your management and City Council, avoiding the possibility of an unpleasant surprise?
• Resources. Will you have access to the entire firm’s senior industry and technical resources, or just lower- level staff?
• Team continuity. Will the service team you hire remain consistent, or will you have to continually get new members up to speed on your business?
• Relationship. Will the relationship extend beyond the conclusion of the engagement? • Additional services. If you have tax, IT, transaction, or other needs, can your firm handle those too? Baker Tilly understands your needs aren’t limited to any given engagement or even any given service.

Delivering a full spectrum of consulting, accounting, and financial management services, we offer our perspective to help you conquer challenges as you plan for what’s next.

We invest heavily in relationships with our clients. Distinguished for our depth of industry knowledge, we take the time to understand each client’s business or individual situation, anticipate needs, and identify gaps before they become obstacles. Regardless of the scope of the engagement or the size of the business, we invest personally in each client with attention from our principals and senior managers. This way, clients can grow, manage, and protect their prosperity with confidence.
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Proposal for the City of Wildomar 18

We have an abiding sense of responsibility for our clients and are deeply committed to regular, candid communication. Your service team will be in touch with you regularly, bringing any issues to your attention in a timely manner—so you can address them before they’re last-minute fire drills. What’s more, you can expect reliable, frequent updates on such issues as new tax laws, industry reports, and events of interest. We’ll return your phone calls promptly and resolve your concerns quickly.

In the end, the firm you deem the best fit will be the one that not only meets your criteria, but also provides the greatest value to the City. That firm is Baker Tilly.

5. References
Demonstrating that we've been down this path before
The experiences of our clients speak more about Baker Tilly’s capabilities than any proposal ever could. That’s why we encourage you to talk with our clients. Here are a few individuals who welcome the opportunity to share their Baker Tilly experience.

Client perspectives

CITY OF CORONA
Name Jacob Ellis Title City Manager
Phone +1 (951) 279 3670 Email [email protected]
Service
description
We provided end-to-end strategic planning support, including interviews, data gathering, meeting facilitation, and plan development. We facilitated both in- person and virtual planning sessions with the City’s leadership team and council, conducted interviews with key community stakeholders, and gathered feedback through a community survey with more than 1,000 responses. We also hosted multiple virtual open houses to gather additional community input. The resulting plan has strengthened alignment between leadership and the community, providing a shared roadmap for future growth and investment.

Performance
period
2020 - 2021
Staff assigned Collen Rozillis, Annie Rose Favreau, Emily Hayes

CITY OF PATTERSON
Name Ken Irwin Title City Manager
Phone +1 (209) 895 8015 Email [email protected] 403

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Service
description
The City of Patterson engaged our team to facilitate their strategic plan development process in both 2016 and 2023. For both projects, we performed comprehensive stakeholder engagement including interviews, and surveys of staff, management, council, and community groups. In 2023, we also expanded the process to include focus groups to gain perspectives from specific segments of the community. As a result, the City has seen improved alignment between community priorities and City initiatives, leading to more targeted investments and measurable progress toward long-term goals.

Performance
period
2016 and 2023
Staff assigned Colleen Rozillis, Annie Rose Favreau, Annie Fadely

CITY OF SALEM
Name Courtney Knox-Busch Title Strategic Initiatives Manager Phone +1 (503) 540 2426 Email [email protected]
Service
description
We serve as the City of Salem’s (City) consultant of record, supporting strategic improvement, organizational alignment, and enterprise leadership. In 2020, we performed comprehensive strategic planning services for the City that included interviews, data gathering, meeting facilitation, and plan development. We facilitated City Council work sessions, collaborated with department directors, and performed community engagement. To ensure that the plan was actively connected to the City’s resources, we used the strategic plan strategic goals as the basis for the City’s priority-based budgeting framework. In addition, we helped the City establish an annual planning process where priority activities are selected each year by the management team and then incorporated into the annual budgeting process to ensure that priorities have dedicated and realistic funding. We are currently working with the City to update their strategic plan.

In addition to strategic planning services, we have also completed numerous projects to support the City in improving operations and service delivery in many areas. We recently conducted an equity assessment of the City’s community facing services and programs to assist the City in advancing its diversity, equity, and inclusion efforts. In addition to identifying gaps and recommendations for improvement, we developed an equity assessment toolkit to support the City in assessing equity in its programs moving forward. This project included comprehensive engagement with various stakeholders including City leadership, staff, and community members, through a variety of methods including interviews, focus groups, work sessions, and workshops. We also recently worked with the City on an assessment of its governance framework which included equity considerations such as those related to governing body appointment and selection processes and meeting accessibility.

Our engagements to date have been completed on time, within budget, and to the City’s satisfaction.

Performance
period
2019 - present
Staff assigned Colleen Rozillis, Annie Rose Favreau, Jessie Lenhardt, Emily Hayes, Annie Fadely, Claire Kasinadhuni
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EXPERIENCE MATTERS. ESPECIALLY THE EXPERIENCE OUR CLIENTS RECEIVE Connect with our clients to learn more. Additional references are available by request.

Please note all references were served as Moss Adams prior to the Baker Tilly merger effective June 3rd.

6. Agreement
This Proposal is contingent upon completion of the Baker Tilly new client acceptance process and execution of a mutually acceptable contract. With regard to the RFP terms and the Service Agreement Baker Tilly, suggests the following:

1. addressing inspection rights and clarifying acceptance criteria (Pg. 12)

2. clarifying Client ownership of final deliverables and Baker Tilly ownership (and retention) of intellectual property, working papers and general skills and know-how and providing for representations in lieu of warranties (Pg. 12 and pg. 14);

3. access and audits focused on information pertaining to fees and expenses charged and access shall not include facilities or systems housing confidential information of Baker Tilly or Baker Tilly’ other clients (Pg. 13);

4. clarifying confidentiality obligations and focusing and clarifying any indemnification provisions (Pg. 16-17);

5. following the American rule on attorneys’ fees (Pg. 21);

6. clarifying insurance requirements to comport with existing policies, including providing for confidentiality of insurance structure (including deductibles, retention levels, and declaration pages), additional insureds are added via blanket endorsement on commercial general liability, waiver of subrogation only available on commercial general liability, auto and worker’s comp, insurance provider rating is A- VII (Exhibit C Pg. 28);

7. addressing mutual limitation of liability and no third-party beneficiaries (New).

8. addressing Data Privacy and Security (New)

9. addressing Alternative Practice Structure (New)
We have successfully signed services agreements with thousands of clients and we commit to working in good faith to successfully negotiate a mutually agreeable contract on a timely basis should we be awarded this work.

7. Compensation
When we say value, we mean achieving your objectives and imagining new ones. We mean sharing insights and directing our best resources to the City.

Sharing our transparent fee estimate
For our clients, it’s about more than the dollars you pay at the end of the day; it’s about value. We believe in transparency when it comes to our fees, and we’re committed to providing high-quality services at a fair price.

Our forward-thinking professionals will work closely with you to explore new possibilities, develop customized solutions to the challenges you face, and help you reach your goals. 405

Proposal for the City of Wildomar 21

We are committed to estimates that are fair and commensurate with the experience and level of service described in our proposal. We have prepared the following fee estimate based on our understanding of your current service needs.

SERVICES FOR THE CITY FEES
Phase 1: Coordination $5,000
Phase 2: Fact Finding $15,000
Phase 3: Facilitation $18,000
Phase 4: Reporting $15,000
Not to Exceed Travel Expenses $2,650
Total Not to Exceed Cost $53,000-55,650
Our professional fees will be billed monthly based on the amount of work completed. Our timing will be mutually agreed upon. Our travel expenses will be billed at cost but will not exceed more than 5% of the overall project fee (Or $2,650).

Hourly Rates
Our standard hourly rates range from $280 to $625, however, we have provided the following discounted hourly rates for the City of Wildomar, which includes all overhead rates. Our rates will apply to all services described in the scope of proposed and further elaborated herein.

STAFF LEVEL HOURLY RATE
Principal $400
Director $350
Senior Manager $300
Manager $250
Senior $200
Staff $200

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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.3

Meeting Date: January 14, 2026
SUBJECT:

City Council City Committees, Commissions and Boards
SUBMITTED BY:

Janet Morales Garcia, City Clerk

ACTION:

Review the attached list of City committees, commissions, and boards, and update appointments and/or add or remove committees as needed.

BACKGROUND:

The City Council reviews the list of city representatives and alternates for various committees, commissions, and boards annually in December, and as requested. The last update was approved on December 3, 2025; however, the City Council reviewed only the regional committees, commissions, and boards and did not review city-specific committees, commissions, and boards.

DISCUSSION:

This item is an opportunity for the City Council to review the attached list of City Council city- specific committees, commissions, and boards and make revisions as needed. The appointments are effective immediately through the calendar year or until revised by the City Council.

Note one recommended change to the list of committees: As the Community Services Department will be absorbed into the Public Works Department effective March 1, 2026, and as there will then no longer be a Community Services Department, staff recommends dissolving the Community Services Committee and creating a new Community Engagement Committee. This new committee will review and make recommendations to the full Council on City sponsored events, communications, and other matters pertaining to engaging with the community.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. City Council Committees. Commissions and Boards
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CITY COUNCIL COMMITTEES, COMMISSIONS, BOARDS
S

TANDING COMMITTEES
Community Engagement Committee
Meets twice a year.
___________________________________________________________________________ Elsinore Valley Municipal Water District Ashlee DePhillippo Meets every other month on the second Monday at 8:30 a.m. at Joseph Morabito EVMWD offices or City Hall.
___________________________________________________________________________ Finance Committee Bridgette Moore
Meets Annually. Carlos Marquez
___________________________________________________________________________ Lake Elsinore Unified School District Dustin Nigg
Meets quarterly on the first Monday during the school year at 4:30 p.m. Ashlee DePhillippo at LEUSD offices or City Hall.

AD
-HOC COMMITTEES
Franchise Committee Ashlee DePhillippo
Meets as needed. Dustin Nigg
___________________________________________________________________________ Intergovernmental Relations Committee Ashlee DePhillippo M
eets as needed Dustin Nigg
___________________________________________________________________________ Public Parks, Facilities, and Trails Naming Committee Bridgette Moore Meets as needed Joseph Morabito ___________________________________________________________________________ Regional Homeless Task Force Ashlee DePhillippo
Meets as needed. Bridgette Moore
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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.4

Meeting Date: January 14, 2026
SUBJECT:

Capital Improvement Program and Transportation Uniform
Mitigation Fee (TUMF) Project Prioritization
SUBMITTED BY:

Jason Farag, Public Works Director/City Engineer
PREPARED BY:

Jason Farag, Public Works Director/City Engineer

ACTION:

Receive a presentation and provide feedback and direction to staff regarding CIP and TUMF Project Prioritization.

SUMMARY:

Several of the City's active Capital Improvement Projects rely on Transportation Uniform Mitigation Fee (TUMF) funding and total project costs may make it infeasible to move all of these projects forward concurrently. In order to ensure that there are adequate funds available to cover the City's expenses on these projects, it is necessary to prioritize the projects.

BACKGROUND:

The City of Wildomar implements a Five-Year Capital Improvement Program (CIP) that is updated and adopted annually. The CIP includes capital improvement projects in various categories including:

Transportation - Roads
Transportation - Signals
Transportation - Maintenance
Drainage
Parks
Trails
Buildings
Cemetery
Other

The CIP includes forecasts of anticipated capital improvement expenditures by fiscal year.

Some projects in the CIP are annually recurring maintenance projects, such as the Pavement Rehabilitation Program, Annual Slurry Seal Program, Traffic Maintenance and Operations Program, and Citywide Roadway Maintenance Program. Other projects represent one-time capital expenditures for planning, design, right-of-way acquisition, environmental approval, construction, or other expenses related to new or future City infrastructure. Projects may be prioritized by a variety of factors including Council direction, service or infrastructure needs, grant funding deadlines, and available funding. Many projects in the CIP receive and rely upon external funding from various sources including the Transportation Uniform Mitigation Fee (TUMF) Program, Measure A, local grants, State grants, and Federal grants.

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The projects with current funding in the City's CIP are in different stages with some projects in the planning phase, some in the design/right-of-way/permitting phase, and some in the construction phase. Public Works/Engineering Department staff are actively working on moving the projects in the CIP forward.

Prior to the City's incorporation, the County of Riverside began work on large roadway widening projects in the City including the Bundy Canyon Rd. Improvement Project, the Clinton Keith Rd. Widening Project, and the Palomar St. Widening Project. After incorporation, the City continued working on the planning and design phases of these projects. However, due to funding constraints, the projects were not moved forward to construction and were either placed on hold or were phased into smaller projects to allow portions of the projects to be constructed based on available funding. As an example, the Bundy Canyon Rd. Improvement Project was phased into three segments - Segment 1, Segment 2, and Segment 3. The City has sought funding for these projects over the years to help move them forward to construction. Since incorporation, the City has completed Segment 1 of the Bundy Canyon Rd. Improvement Project, which is about one third of the overall Bundy Canyon Rd.

Improvement Project. The City has also completed one portion of the Palomar St. Widening Project and is nearing completion of another portion. Some portions of Palomar St. and Clinton Keith Rd. have been or will be completed by private development projects as part of their frontage improvement requirements, using the City's plans for these roads as a design guide.

In 2023, the City applied for and received grant funding from the Riverside County Transportation Commission (RCTC) for the construction of the Bundy Canyon Rd. Segment 2 Improvement Project (CIP 026-2) and the Clinton Keith Rd. Widening Project (CIP 025-1) (Projects). The City also received partial funding for the construction of Segment 3 of the Bundy Canyon Rd. Improvement Project (CIP 026-3), but additional funding is still needed. As a result, over the past several years, the City has prioritized the completion of the pre- construction phases for the Projects including the design, environmental permitting, and right- of-way acquisition (Pre-Construction Phases). In addition to the grant funds received from RCTC, the Projects are reliant on Transportation Uniform Mitigation Fee (TUMF) funding from the Western Riverside Council of Government's (WRCOG) TUMF Program. As the City has progressed through the Pre-Construction Phases of the Projects, updated cost estimates have been prepared for each Project based on the latest design plans, utility coordination and relocation requirements, expected construction duration, and current material costs.

DISCUSSION:

Bundy Canyon Rd. - Segment 2
The Bundy Canyon Rd. Segment 2 Improvement Project extends from Oak Canyon Rd. to The Farm Rd. The Project includes the removal, realignment, reconstruction, and widening of the existing roadway. The Project will include four lanes, a striped median/two-way left-turn lane, turn pockets, a multi-use trail, a new traffic signal, and other related roadway improvements. In some locations, the new roadway will be approximately 15 feet higher than the existing roadway and approximately 5 feet lower than the existing roadway in other areas.

Due to this major realignment, all existing utilities must be adjusted to match the new roadway alignment. The City has spent the past several years finalizing the design plans, environmental permitting, and right-of-way acquisition for the Project. In addition, the City has been coordinating with the impacted utility companies to arrange for their utility adjustments. Some utility adjustments will be incorporated as a reimbursable expense within the City's Project, while other utility adjustments will be completed by the applicable utility company during 410
construction. Due to the realignment of the roadway, some utility adjustments will require multiple relocations during construction, increasing the time and cost required for these adjustments. As a result, the City must include additional working days within the contract to ensure that there is adequate time in the Project for utility companies to complete their adjustments. The additional working days will result in an increase to the Construction Administration/Management costs due to the added time that the project must be managed, inspected, and monitored. In addition, updated construction cost estimates and updated environmental compliance monitoring cost estimates have been prepared based on the latest Project plans, environmental permits, Environmental Impact Report, and project duration.

These estimates are greater than what was previously estimated and the prior Construction and Construction Administration estimate of $26 million has increased to approximately $46 million.

A summary of the approximate cost increases is included below, for reference.

Construction:

Increase of $7.25 million (includes increase in costs and an additional 5% contingency)
Utility Relocations:

Increase of $7.09 million (total costs include all utility adjustments, including $8.5 million in reimbursable expenses)
Construction Admin/Management:

Increase of $5.93 million (includes environmental monitoring, consultants, and City staff)
Total Increase:
$20.27 million
Total Approx. Construction Cost:
$46 million

The Bundy Canyon Rd. Segment 2 Improvement Project is nearing completion of the Pre- Construction Phases. All environmental permits with State and Federal Resource Agencies have been approved. In addition, all environmental mitigation credits to address environmental impacts have been acquired and submitted to the Resource Agencies. All required right-of- way and easements have been obtained. Utility agencies have finalized their relocation plans and are in the process of relocating their facilities or processing Reimbursement Agreements with the City. Plans and Specifications are being finalized and are almost ready to be advertised for construction.

Clinton Keith Rd. Widening
The Clinton Keith Rd. Widening Project extends from Hidden Springs Rd. to Copper Craft Dr.

The Project includes the widening of the existing roadway and rehabilitation of the existing pavement. The Project will include six lanes, a striped median/two-way left-turn lane, turn pockets, bike lanes, a new traffic signal, and other related roadway improvements. The City has spent the past several years revising and updating the design plans, obtaining the required right-of-way, obtaining environmental permits, and coordinating with the impacted utility companies to arrange for their utility adjustments. During the initial stages of the design phase, the project scope was updated to include additional improvements including the widening of the road to six lanes (instead of four lanes) between Elizabeth Ln. and Copper Craft Dr. consistent with the City's General Plan and Circulation Plan. The scope was also updated to include a new traffic signal at Clinton Keith Rd. and Elizabeth Ln. In addition, to minimize construction overlap and potential damage to new improvements constructed by the City, the City has attempted to coordinate the inclusion of certain frontage improvements associated with approved development projects as a reimbursable expense. This requires each development project to execute a reimbursement agreement with the City to agree to reimburse the City for actual expenses incurred for including project-specific frontage 411
improvements in the City's project. For example, if a project is required to construct a raised median in the roadway, the City could include that in the CIP project but the developer would be responsible to reimburse the City for the expense. Doing so would eliminate damaging new asphalt to install the median after the City completes the roadway paving. No reimbursement agreements have been approved or executed for any development project at this time. The updated Construction and Construction Administration cost estimate for the Project, which takes into account the updated scope of work and the potential development project improvements, has increased from $10.30 million to approximately $23.5 million. A summary of the approximate cost increases is included below, for reference.

Construction:

Increase of $10.45 million (includes increase in costs and an additional 5% contingency)
Utility Relocations:

Increase of $0.78 million (includes all utility adjustments) Construction Admin/Management:

Increase of $1.94 million (includes environmental monitoring, consultants, and City staff)
Total Increase:
$13.18 million
Total Approx. Construction Cost:
$23.48 million

The Clinton Keith Rd. Widening Project is progressing through the Pre-Construction Phases but is not yet ready to be advertised for construction. Environmental permitting, right-of-way acquisition, and utility coordination are still on-going. The exact timing for the completion of these phases is unknown because these items rely on other agencies and/or property owners, and the City does not control their schedules.

TUMF Funding
Although there are significant cost increases for the Projects, there is funding available through the TUMF program for each Project. Each year, the City makes requests to WRCOG for TUMF funding for various City projects that are part of the TUMF Network. The City is part of the TUMF Southwest Zone. Funding in the Southwest Zone is shared between the City of Wildomar, the City of Temecula, the City of Murrieta, the City of Lake Elsinore, and the County. Each year, funding requests are made by the entire zone for the subsequent five fiscal years. Funding requests must be approved by the entire zone, and each member of the zone has the ability to request funding for their projects.

Due to the total Projects' costs, it is likely infeasible that there will be enough funding in the TUMF Southwest Zone Transportation Improvement Program (TIP) budget to receive the full maximum program contribution for both Projects concurrently. It is important to note that the maximum TUMF share funds do not cover 100% of the total project costs, and the City must cover the funding gap with other local and/or external funding sources. In addition, the City has several other TUMF eligible projects included in Southwest Zone TIP for funding. A summary of the City's projects that are included in the current TIP to receive TUMF funding is included below.

Bundy Canyon Rd. (east of I-15)
Bundy Canyon Rd. (west of I-15)
Clinton Keith Rd.

Palomar St.

Wildomar Trail Interchange
Bundy Canyon Rd. Interchange
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When the City awards a construction contract, the City must have the necessary funds budgeted at or before the time of contract award to cover the entire construction costs. Since it is unlikely that the City can receive the full maximum share of TUMF funding all at once for the Projects, if the City desires to construct both projects concurrently, the City will need to self- finance the Project costs and wait to be reimbursed by WRCOG, potentially over a period of several years. The City also has other delivery and funding commitments on other capital improvement projects that also must be considered. A few projects with delivery and funding commitments are listed below for reference.
27-Acre Park (CIP 062-1)
Grant funds awarded that require a local match. DIF funds budgeted and project progressing towards construction.
20-Acre Park (CIP 099)
DIF funds budgeted for contractual obligations related to purchase of the property.

Project progressing towards construction of initial improvements and opening of property.

Sedco Blvd. Roadway Improvements (CIP 096)
Grant funds awarded that require a local match. Various fund sources budgeted and project progressing towards design contract award.

In addition, constructing both projects concurrently would result in construction impacts and congestion at the same time along the City's two major east-west arterials that connect the I- 15 and I-215 freeways.

As a result, and considering the current progress of each project, staff recommends that the City Council prioritize the construction of the Bundy Canyon Rd. Segment 2 Improvement Project at this time over the construction of Clinton Keith Rd. Doing so will allow the City to request the necessary TUMF funding from WRCOG and advertise the project for construction since the project is almost construction ready. This will require the City reducing the current allocation of TUMF funds from WRCOG for Clinton Keith Rd. However, the City can still continue working on completing the pre-construction phases of Clinton Keith Rd. to ensure that project is ready for construction once the necessary TUMF funding for construction becomes available.

Based on the total amount of TUMF funding needed for Bundy Canyon Rd., the City may also need to prioritize the rest of the projects included in the TUMF Southwest Zone TIP. Bundy Canyon Rd. west of the I-15 has minimal funding allocated and those funds are needed to allow for necessary design work to be completed on a separate grant-funded project. The Palomar St. widening project is currently in construction and funding must be maintained to ensure the City can be reimbursed for on-going construction expenditures. The City will also need to maintain some funding for Clinton Keith Rd. to cover the remaining costs to complete the pre-construction phases. The Wildomar Trail Interchange and the Bundy Canyon Rd.

Interchange Projects are both nearing completion of the Project Study Report (PSR) phase.

The next phase for the interchange projects (Project Approval and Environmental Document, PA&ED) is anticipated to cost $4 to $5 million per interchange. As a result, staff recommends that if there is not enough TUMF available to fund all of these projects concurrently, that the City wait to proceed with the PA&ED phase of the interchange projects until there is sufficient TUMF funding available. Staff's recommended prioritization for TUMF funded projects is included in Table 1 below.

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Table 1 - TUMF Eligible Project Prioritization

Prioritization
Order
Project Name/Description
Prioritization Notes
1 Palomar St. Widening
Funding necessary to cover on-going construction
expenditures.
2 Bundy Canyon Rd. Widening
(east of I-15) (includes Segment
2 and Segment 3)
Funding necessary now to keep Segment 2 project
moving forward to construction, since project is
almost construction ready.
3 Clinton Keith Rd. Widening
Funding necessary to complete pre-construction
phases of project.
4 Bundy Canyon Rd. (west of I-15)
Funding necessary to cover design expenses
related to grant-funded project.
5 Bundy Canyon Rd. Interchange
Improvements
Funding can be paused for this project following
completion of PSR phase, until the City is ready to
move forward with the PA&ED phase. Due to
regional impact and traffic needs, recommend
prioritizing Bundy Canyon Rd. interchange ahead of
Wildomar Trail interchange.
6 Wildomar Trail Interchange
Improvements
Funding can be paused for this project following
completion of PSR phase, until the City is ready to
move forward with the PA&ED phase.

A reprioritization of projects will require an update to the City's 5-Year CIP to ensure that the project budgets and schedules are consistent with any reprioritization. Staff will plan to reflect the reprioritization of projects in the upcoming FY 26/27 5-Year CIP Booklet.

FISCAL IMPACT:

At this time, no budget adjustments are needed. There are sufficient funds in the approved FY 25/26 budget and in the FY 25/26 Southwest Zone TIP to allow the City to continue moving forward on the TUMF Projects in this fiscal year. Budget adjustments will be necessary before or when the City awards any construction contracts and depending on actual construction costs at the time of bid opening/contract award, additional local funds may be necessary.

In the upcoming FY 26/27 TUMF Southwest Zone TIP budget meeting, staff will request TUMF funding for the City's TUMF Projects consistent with the TUMF Project Prioritization identified in Table 1, or as otherwise directed by the City Council, to ensure there are adequate TUMF funds to cover the anticipated construction expenditures.

Using the prioritization identified in Table 1, the City will include a request to ensure there is sufficient funding to cover the City's on-going Palomar St. Widening Project expenditures, a request to increase funding for the Bundy Canyon Rd. Improvement Project (east of I-15) to accommodate construction, and a reduction in funding for Clinton Keith Rd. to an amount sufficient to cover only the pre-construction phases. Depending on the total costs and funding requests, this may also require no, or minimal, funding being allocated to the two interchange projects.

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CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.5

Meeting Date: January 14, 2026
SUBJECT:

Various Consultant Agreement Amendments for Engineering and Design Services for the Bundy Canyon Road Improvement Project, Segment 2 (CIP 026-2)
SUBMITTED BY:

Jason Farag, Public Works Director/City Engineer
PREPARED BY:

Carlos Geronimo, Principal Engineer

ACTION:

1. Authorize the City Manager to execute Agreement Amendment No. 3 with Parsons Transportation Group in the amount of $875,010 for Engineering and Design Services for Segment 2 of the Bundy Canyon Road Improvement Project (CIP 026-2).

2. Authorize the City Manager to Approve Agreement Amendment No. 2 with TKE Engineering, Inc. for Engineering and Project Management Services for Segment 2 of the Bundy Canyon Road Improvement Project (CIP 026-2).

3. Authorize the City Manager to approve Task Order proposal with Interwest Consulting Group in the amount of $21,500 to provide additional right-of-way acquisition services for Segment 2 of the Bundy Canyon Road Improvement Project (CIP 026-2).

SUMMARY:

In preparation for the construction phase of the Bundy Canyon Rd. Improvement Project, Segment 2, certain contract amendments are necessary to complete final remaining pre- construction work and to allow for construction-related environmental monitoring to begin.

BACKGROUND:

The City previously entered into Professional Services Agreements and previous amendments with Parsons Transportation Group (Parsons), TKE Engineering, Inc. (TKE), and Interwest Consulting Group (Interwest) to provide various environmental, design, right-of-way, project management, and construction services for the Bundy Canyon Road Improvement Project, Segment 2, from Oak Canyon Dr. to The Farm Rd. (Project).

On August 9, 2023, the City of Wildomar and Parsons entered into an Agreement for Environmental and Design Services for the Bundy Canyon Rd. Improvement Project, Segment

2. Previous amendments to the Agreement have been approved by the City Council to provide required additional services. The original contract amount and subsequent amendments resulted in a total contract amount of $824,000 with a three (3) year agreement term ending on August 9, 2026.

On October 11, 2023, the City of Wildomar and TKE entered into an Agreement for Engineering and Project Management Services for the Bundy Canyon Rd. Segment 2 and 415
Segment 3 Projects. Previous amendments to the Agreement have been approved by the City Council to provide required additional services. The original contract amount and subsequent amendments resulted in a total contract amount of $270,000 with a three (3) year agreement term ending on October 11, 2026.

On March 8, 2023, the City Council authorized the City Manager to accept a proposal from Interwest, one of the City's on-call consultants, in the amount of $73,600, to provide right-of- way acquisition services for the Bundy Canyon Rd. Improvement Project, Segment 2. On August 24, 2023, the City also authorized a Task Order in the amount of $9,450 for right-of- way acquisition services under the existing on-call agreement. On June 12, 2023, the City authorized a Task Order in the amount of $32,550 for additional right-of-way acquisition services under the existing on-call agreement. The original and subsequent Task Orders resulted in a total amount of $115,600.

The Project is ongoing and nearing the end of the Plans, Specifications and Estimate (PS&E) phase of the project. In order to finalize all pre-construction documents (plans and specifications), finalize remaining right-of-way items, and coordinate relocation of existing facilities with various utility owners, the City must amend existing services agreements and approve task orders with the above-mentioned consultants.

At the request of staff, the consultants (Parsons, TKE, and Interwest) have submitted proposals to perform the required services.

DISCUSSION:

Parsons
During the course of the PS&E phase, the City has worked extensively with various State and Federal Environmental Resource Agencies including the California Department of Fish and Wildlife (CDFW), Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB), and the County Regional Conservation Authority (RCA) to obtain the necessary permits and clearances to start construction of the project. Through the process of coordination and review of the environmental documents, a series of specific environmental mitigation measures have been conditioned to the Project by the Resource Agencies and also by the Project's Environmental Impact Report (EIR). The measures include various pre- construction and post-construction surveys and monitoring activities including air quality, biological, archeological, and paleontological. In addition, coordination with Native American tribes is also required during work at certain areas within the Project identified as culturally sensitive. In order to satisfy these environmental conditions, staff requested a proposal from Parsons and Placeworks (one of the City's on-call Environmental consultants) to provide construction environmental services. Placework's proposed costs for these services was higher than Parsons' and did not include post-construction requirements. Parsons previously prepared the Project's EIR, prepared and obtained the Project's environmental permits, and are the Engineer of Record for the Project so they are familiar with the Project requirements.

After a series of meetings and negotiations with Parsons, a final scope and fee of $808,142.45 was proposed. Based on staff's review of the environmental compliance requirements, the scope and fee is reasonable for the work required and staff recommends that the City Council authorize the City Manager to execute an Amendment to Parsons' existing Agreement to add this additional scope of work. Staff also recommends extending the term of the Agreement to June 30, 2028 to cover the anticipated Construction phase of the Project. A copy of the Third Amendment for the Parsons Agreement is included as Attachment A.

416
TKE
TKE is responsible for general Project Management services for the Project including utility coordination, preparation of construction phasing plans, review of plans and specifications, and preparation of the final bid package. The Project requires coordination with the Gas company (SoCal Gas), Elsinore Valley Municipal Water District (EVMWD), Southern California Edison (SCE), the Farm Mutual Water Company (FMWC), and various communication utility providers. Over the last two years, TKE has been coordinating relocation efforts with each of these utility companies. SoCal Gas has submitted final plans and is expected to begin relocating their facilities prior to start of the Project. SCE and communications companies are finalizing their relocation plans. EVMWD has finalized their plans and is in the process of preparing reimbursement agreements with the City. FMWD coordination is still ongoing.

Utility coordination has been more extensive than originally anticipated and is a critical item to delivering the Project on-time and within budget.

TKE's current contract is for $184,000 based on the reallocation of funds identified in Amendment No. 2 and approved by Council. TKE's proposal would bring their total scope of work to $182,000 which is within the existing budget. Staff recommends that the City Council authorize the City Manager to execute an Amendment to TKE's existing Agreement to add this additional scope of work. In addition, staff recommends extending the Term of the Agreement to June 30, 2028 in order to finalize all utility relocation efforts throughout the anticipated Construction phase of the Project. A copy of the Second Amendment for the TKE Agreement is included as Attachment B.

Interwest
As a result of prior Task Orders, Interwest completed securing the necessary right-of-way acquisitions, drainage easements, and temporary construction easements (TCEs) needed for the construction of the project. Due to delays to start of construction phase of the Project, the TCEs, which have specific end dates, will be expiring over the next year. Staff requested Interwest to prepare a fee proposal to obtain extensions of the TCE's. The cost for this effort is $21,500. Staff has reviewed the proposal and has determined the cost to be reasonable for the amount of efforts needed. A copy of the revised Task Order that is inclusive of the proposed additional work and all prior work is included as Attachment C. Staff recommends that the City Council authorize the City Manager to execute the revised Task Order to add this additional scope of work.

ACCOUNT CODE:

Project: CIP 026-2
Fund No: 503-4500-52115

FISCAL IMPACT:

The proposed Agreement Amendment No. 3 with Parsons will result in an increase of $808,142.45 to their existing contract for a total of $1,632,142.45.

The proposed Agreement Amendment No. 2 with TKE will not require an increase in the total contract amount since there is sufficient budget in the current contract.

The cost of the proposed Interwest Consulting Group services will be paid on a time and material basis under their existing on-call agreement with the City, with a total not to exceed amount of $137,100, which is inclusive of the original scope of work ($73,600), the additional 417
task orders previously approved ($42,000), and the attached task order ($21,500).

All funding for Parsons', TKE's, and Interwest's on-going and additional/amended services are covered by the FY 2025-2026 Capital Improvement Program budget, as approved by the City Council, using TUMF funds available for Bundy Canyon Road (Segment 2) (CIP 026-2). No budget adjustments are necessary at this time.

ATTACHMENTS:

A - Parsons Third Amendment
B - TKE Second Amendment
C - Interwest Task Order
418

THIRD AMENDMENT TO

AGREEMENT FOR ENGINEERING AND PROJECT

MANAGEMENT SERVICES

by and between

the

CITY OF WILDOMAR

and

PARSONS TRANSPORTATION GROUP, INC.

Dated January 14, 2026

419
Third Amendment to Agreement for Services for the
Bundy Canyon Rd. Improvement Project, Segment 2
Thi
s Third Amendment to Agreement for Services for the Bundy Canyon Rd.

Improvement Project, Segment 2, (“Third Amendment”), which is dated as of January 14, 2026, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and PARSONS TRANSPORTATION GROUP, INC., a State of Illinois Corporation (“Service Provider”), as follows:

RECI
TALS
A. Cit
y and Service Provider entered into an agreement for services on August 9, 2023 (“Agreement”). The Agreement provides that Service Provider will provide Engineering and Project Management services for the City as described in Exhibit A, Scope of Services of the original Agreement.

B. C
ity and Services Provider entered into a First Amendment to the Agreement on May 8, 2024, amending Section 2, Scope of Services & Schedule of Performance, and Section 4, Compensation and Method of Payment.

C. C
ity and Services Provider entered into a Second Amendment to the Agreement on July 10, 2024, amending Section 2, Scope of Services & Schedule of Performance, and Section 4, Compensation and Method of Payment.

C. Thi
s Third Amendment amends Section 1 - Term of Agreement, Section 3 - Scope of Services & Schedule of Performance, and Section 4 - Compensation and Method of Payment.

D. C
ompensation is increased by an additional $808,142.45 for a total of $1,632,142.45.

O

PERATIVE PROVSIONS
N
ow, therefore, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:

1. AM
ENDMENT. The Agreement is hereby modified and amended as follows:

1. 1. The entirety of Section 1. Term of Agreement is hereby amended as follows:
“S
ubject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall end on June 30, 2028.”

1. 2. The second sentence of Section 4 Compensation and Method of Payment is 420
hereby amended to read as follows:
“The t
otal compensation, including reimbursement for actual expenses, shall not exceed One Million Six Hundred Thirty-Two Thousand One Hundred Forty-Two Dollars and Forty-Five cents ($1,632,142.45), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 Amendment” of this Agreement.”

1.3. E
xhibit “A”, Scope of Services, is hereby amended by adding the Services Provider’s additional scope of services, attached hereto as Attachment A.

GENERA

L PROVISIONS

1. REMAI
NDER UNCHANGED. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties.

2. INT
EGRATION. This Third Amendment consists of thirty (30) pages and constitutes the entire understanding of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment.

3. EFF
ECTIVE DATE. This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider.

4. APPLICABLE LAW. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment.

5. REFE
RENCES. All reference to the Agreement includes all its respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as assigned to such terms in the Agreement.
421

IN WITNESS WHEREOF , the parties hereto have caused this Third Amendment to be executed the day and year first above written.

CITY OF WILDOMAR

PARSONS

__________________________ _______________________ Chris Mann Name:

City Manager Title:

ATTEST:

______________________
Janet Morales-Garcia,
CMC, City Clerk

APPROVED AS TO FORM:

_______________________
Thomas D. Jex, City Attorney
422

ATTACHMENT A

SCOPE OF SERVICES
423

1250 Corona Pointe Ct, Suite 310, Corona, CA 92879
Direct: +1 909.240.8890 / parsons.com

January 5, 2026
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595

Attn: Jason Farag, PE, Public Works Director

Sub: Scope of Work and Cost Proposal for Environmental Services for Bundy Canyon Segment 2

Dear Jason,
Based on your request and comments to previous submittal, Parsons is pleased to submit the revised environmental scope of work and cost proposal to complete mitigation services, pre -construction surveys, focused surveys, specified construction monitoring activities, reporting, post-construction, and project close out for Bundy Canyon Segment 2.

The scope of work is described in the following sections are required to comply with the terms and conditions of the already obtained the project permits as listed below.
• Clean Water Act Section 401 Water Quality Certification (WDID No. SB23051IN) • Section 404 of the Clean Water Act (No. SP-2023-00465-CLB) • Section 1602 of the Fish and Game Code (EPIMS-RIV-39893-R6) Our team will be assisted by ICF (our subconsultant) to provide Pre-construction Surveys and Biological/Archaeological Construction Monitoring Services including daily construction monitoring, specified focused surveys including pre- construction nest surveys, burrowing owl surveys, and crotch bumble bee habitat assessment. This scope of work is based on receipt of aquatic resource permits, notably the California Department of Fish and Wildlife (CDFW) permit EPIMS -RIV- 39893-R6 with included measures and specific assumptions. Focused Surveys (Optional) including Crotch’s Bumble Bee (CBB) Protocol Surveys will be performed if suitable habitat is determined to b e present and Least Bell’s Vireo Protocol Surveys will required if work will occur during nesting season.

Parsons is committed to providing high-quality environmental services for the City of Wildomar on th e Bundy Canyon Segment 2 contract and this project. We are grateful for the opportunity to continue providing our services to the City and request further discussions related to the proposal. Kindly review and if you have any questions or need additional information, please feel free to contact me at 909.240.8890 or via email at [email protected].

Respectfully,

Kedar Sawant
Principal Project Manager/Corona Office Manager
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SECTION 1

The purpose of this scope is to cover services for the Bundy Canyon Road Segment 2 (Project), in the City of Wildomar. This scope is between the Parsons Transportation Group Inc. (Consultant) and City of Wildomar (City or Permittee). For the purposes of this scope, Consultant shall act on behalf of the City of Wildomar (Permittee). Consultant shall comply with the terms and conditions of the Clean Water Act Section 401 Water Quality Certification (WDID No. SB23051IN) and Section 404 of the Clean Water Act (No. SP-2023-00465-CLB), and Section 1602 of the Fish and Game Code (EPIMS-RIV-39893- R6). Consultant has already obtained the Project permits for the City. The permits are referenced in this scope to reflect the source of the environmental commitment . In addition, Consultant shall provide archaeological and paleontological services to comply with environmental commitments as listed in the project Mitigation Monitoring and Reporting Program (MMRP).

Purpose
Parsons shall complete resource agency coordination including permit extensions, mitigation services, pre-construction notifications, specified construction monitoring activities, reporting, post -construction, and project close out. To ensure avoidance and minimization of potential biological impacts from the project to the greatest extent possible, surveys for nesting birds; focused surveys for Least Bell’s Vireo, Crotch Bumble Bee, and Burrowing Owl surveys are anticipated prior to construction (as based on the presence of suitable habitat). Subconsultant services are anticipated for daily construction monitoring, specified focused surveys including burrowing owl (if suitable habitat present), least Bell’s vireo, and Crotch bumble bee surveys. A Worker Environmental Awareness Program (WEAP) training will be delivered to all project personnel prior to any earthwork occurring at the project site. During construction, full-time biological monitoring will be implemented to ensure compliance with the construction contract. Subconsultant services and scope are anticipated in a separate subagreement. This scope includes the preparation of an Habitat Mitigation and Monitoring Plan (HMMP); however, the implementation of this plan (such as recontour of areas, purchase of seed/plants, planting of plants/seeding, etc) is anticipated to be completed under a separate agreement.

Project Background
The purpose of the Project is to improve traffic circulation and to allow for planned future growth, as designated in the 2003 Riverside County General Plan, by providing additional travel lanes and improving safety. The overall Bundy Canyon Road Improvement Project consists of three segments; however, this agreement refers to Segment 2, which is along Bundy Canyon Road from Monte Vista Drive to 600 feet east of Farm Road. The project is located within the Western Riverside County Multi Species Habitat Conservation Plan (MSHCP) area. According to EPIMS-RIV-39893-R6, the Project is limited to impacts associated with the unnamed tributaries to Bundy Canyon Creek by grading, paving of existing and new roadbed to widen the road to include four 12 -foot-wide travel lanes, a 14-foot-wide center median for turning movements, two 8 - foot-wide outside shoulders, relocating utilities, and extending and/or replacing existing cross culvert s under the current roadway. These activities are considered the “Initiation of Project Activities” for this scope.

Scope of Services
The following is a general description of guidelines and expectations that the Consultant is expected to follow as a part of the scope of work.

Project Management
Under this scope, Consultant shall provide project management, including but not limited to the following:
• Prepare invoices.

SCOPE OF WORK
425

• Prepare, circulate, and file correspondence and memos. • Perform scheduling and coordination.
• Prepare weekly progress reports.
• Resource agency coordination
• Subconsultant coordination
General Guidelines and Expectations

1. Consultant shall have knowledge of the project area, local species, and habitats; experience working in the Riverside County MSHCP area is required.

2. Consultant shall be familiar with state and federal laws and regulations protecting species being surveyed and ensure proper surveying protocols are conducted.

3. Consultant shall be familiar with the local species with the ability to identify species and their habitat, including sensitive species protocols.

4. Consultant shall be familiar with the local plants with the ability to identify rare species and their habitat.

5. Immediately after scope approval execution, Consultant shall provide the City with a statement of qualifications (via email) for the biologist(s) who plans to conduct all field surveys.

6. Consultant shall verify that all results and reports have the most up-to-date and accurate project limits, mapping, and project description.

7. Consultant shall maintain a complete and organized project file with records of all activities related to Project, including but not limited to, meeting minutes, record of conversations, all decisions, field notes, etc. This record shall become property of the City.

8. Species occurrences will be recorded with photos and GPS coordinates along with mapping of species locations geo-referenced on an aerial map.

9. Consultant shall be responsible for the submittal of documents per project schedule as agreed to by scope. The consultant shall provide weekly schedule updates documenting progress made during the previous calendar week, no later than COB on Monday of each week.

10. To reduce miscommunication and major revisions, Consultant shall provide the Project Manager with early drafts of studies and/or reports for preliminary review, as identified in the schedule in this scope, or as requested by the City.

11. Consultant shall be responsible for proofreading, formatting, editing, and verifying the accuracy of all environmental reports prior to submitting to City staff for review.

12. Consultant will provide, as a standard, one electronic copy of each draft report, plan, memoranda or deliverable unless otherwise noted within this scope. The electronic copy provided shall be in Word document format.

13. Consultant will provide two electronic copies of all final reports, plans, memoranda or deliverable unless otherwise noted within this task order. The two electronic copies will include one provided in a Word document format and one provided in a .pdf format.

14. City and Consultant shall agree to project footprint prior to any surveys.

15. The City will provide a reference site if one is deemed necessary for Project mitigation.

16. Any required communication between Consultant and CDFW shall be submitted in digital format to CDFW.

Pre-construction Surveys – Sub-consultant with Consultant Reporting

1. The Sub-Consultant will conduct a survey for nesting birds within 500 feet of the project area. 426

2. The Sub-Consultant will conduct a focused survey for Least Bell’s Vireo in areas where habitat may exist within 500 feet of the project area.

3. The Sub-Consultant shall conduct a habitat assessment for Burrowing Owl.

4. Prior to initiating construction in waters of the U.S., Consultant shall submit to the Army Corps Regulatory Division a complete set of final detailed grading/construction plans showing all work and structures in waters of the U.S.

All plans shall be in compliance with the Final Map and Drawing Standards for the South Pacific Division Regulatory Program dated February 10, 2016. All plan sheets shall be signed, dated, and submitted on paper no larger than 11x17 inches. No work in waters of the U.S. is author ized until the Consultant receives, in writing (by letter of email), Army Corps Regulatory Division approval of the final detailed grading/construction plans.

5. Consultant shall ensure that the project is built in accordance with the Army Corps -approved plans (SPL-2023- 0046-CLB).

6. Consultant shall notify CDFW by email at least five (5) working days prior to initiation of project activities (EPIMS- RIV-39893-R6).

7. Consultant shall submit to CDFW for review and approval the names, qualifications, business addresses, and contact information of any qualified biologists (Designated Biologists) and Biological Monitor (s) that will be utilized to conduct species/habitat surveys, biological monitoring, or mitigation planning and implementation activities at least 30 days before initiating ground - or vegetation- disturbing activities. Consultant shall specify the proposed responsibilities of each Designated Biologist(s) and/or Qualified Biologist (s) and/or Biological Monitor(s) (herein referred to as Designated Biologist) and provide clear evidence of knowledge, experience, and capability of performing those duties.
a. Designated Biologist shall clearly delineate the outer perimeter of the work areas and access routes with appropriate fencing, signage, and/or flagging to prevent damage to adjacent habitats prior to the start of Project activities.
b. Designated Biologist shall determine and clearly delineate any necessary avoidance and/or buffer areas with appropriate fencing, signage, and/or flagging.
c. Designated Biologist shall inspect the project area prior to any project activities, including pipes/construction materials, and the daily securing of trench/open areas. d. Before the start of daily project activities, the Designated Biologist or biological monitor should survey the project area to ensure wildlife incidentally trapped due to project activities are allowed to escape.

8. Consultant shall submit final stamped engineered design plans to CDFW a minimum of 30 days prior to start of Project activities for review by CDFW prior to Project start. The final design plans shall be based on the Project design plans submitted to CDFW in EPIMS-RIV-39893-R6. If the submitted Project plans differ substantially from the Project description, CDFW may require an amendment to this Agreement or submission of a new notification prior to starting the Project. (EPIMS-RIV-39893-R6).

9. Consultant shall complete project reporting activities.

Pre-construction Surveys – Subconsultant

10. Subconsultant shall conduct a focused survey for Crotch’s bumble bee in areas where habitat may exist.

11. If suitable habitat is present, the Subconsultant will conduct a focused survey for Burrowing Owl.

12. Subconsultant will serve as Daily Biological Monitor.

Pre-construction Worker Environmental Awareness Program (WEAP) Training

1. Consultant shall conduct an education program (WEAP) for all persons employed or otherwise working on the Project prior to performing any work on site. The program shall include a discussion of the biology of the habitats and species identified in EPIMS-RIV-39893-R6.
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2. The WEAP shall be provided regarding the distribution and habitat needs of any protected species that may be present, legal protections for those species, penalties for violations and Project -specific protective measures included in EPIMS-RIV-398-R6.

3. The WEAP shall include an interpretation for non -English speaking workers, and the same instruction shall be provided for any new workers prior to their performing work on site.

4. Consultant shall prepare and distribute wallet-sized cards or a fact sheet that contains this information for workers to carry on-site.

5. Upon completion of the Education Program, employees shall sign a form stating they attended the Education Program and understand all protection measures. These forms shall be filed at the worksite offices and be available to CDFW upon request.

6. The Education Program shall be repeated annually for part of the Project extending more than one (1) year. EPIMS- RIV-39893-R6.

7. The education program shall include a discussion of the invasive species currently present within the Project site as well as those that may pose a threat to or have the potential to invade the Project site. The discussion shall include a physical descript ion of each species and information regarding their habitat preferences, local and statewide distribution, modes of dispersal, and impacts, along with Best Management Practices (BMPS) to limit the spread of the species. EPIMS-RIV-39893-R6.

Construction Monitoring – Sub-Consultant

1. Sub-Consultant shall clearly mark the limits of the workspace with flagging or similar means to ensure mechanized equipment does not enter preserved waters of the U.S. and riparian wetland/habitat areas. SPL-2023-00465-CLB.

2. In the event of any discoveries during construction within waters of the U.S. within Army Corps Permit Area of either human remains, archaeological deposits, or any other type of historic property, the subconsultant shall notify the Army Corps Regulatory Project Manager as required by SPL-2023-00465-CLB within 24 hours.

3. Nesting Birds. Sub-Consultant shall ensure that impacts to nesting birds are avoided through the implementation of pre-construction surveys, ongoing monitoring, and any necessary minimization measures. EPIMS -RIV-39893- R6

4. The DB shall have experience in identifying local and migratory bird species, conducting bird surveys using appropriate survey methodology, and determining/establishing/monitoring appropriate avoidance and minimization measures. EPIMS-RIV-39893-R6

5. DB shall conduct pre-construction surveys within three (3) days prior to the initiation of project activities. Results of pre-construction surveys shall be provided to CDFW at least one business day prior to commencement of Project activities. EPIMS-RIV-39893-R6
Least Bell’s Vireo- Sub-consultant

6. City shall not conduct ANY Project activities, including ground disturbance or vegetation removal activities, within 1,000 linear feet of Least Bell’s Vireo nesting habitat if nesting birds are present. Focused surveys following USFWS protocol for Least Bell’s Vireo shall be conducted to establish presence of nesting birds. The physical extent of the survey area shall include all areas within 500 feet of Project disturbance. Survey results shall be submitted in writing to CDFW for review. DB will determine nesting status, utilizing USFWS survey protocols and CDFW review of the nest monitoring data. EPIMS-RIV-39893-R6

7. If Least Bell’s Vireo are present and construction must take place within a buffer, a qualified acoustician shall monitor noise as construction approaches the edge of the occupied vireo habitat as directed by the permitted biologist. EPIMS-RIV-39893-R6
Coastal California Gnatcatcher- Surveys Not Included
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8. City shall avoid impacts to nesting and/or foraging coastal California Gnatcatcher within the riparian scrub of stream areas. If coastal California Gnatcatcher are found within 500 feet of Project activities in the stream areas, Permittee shall immediately consult with CDFW for further actions. EPIMS-RIV-39893-R6

Burrowing Owl- Subconsultant

9. Prior to the initiation of Project activities, Sub-consultant shall conduct a burrowing owl habitat assessment consistent with the 2006 Burrowing Owl Survey Instructions. A habitat assessment shall be conducted by DB knowledgeable of burrowing owl sign, habitat, ecology, and field identification of the species, at l east thirty (30) calendar days prior the initiation of Project activities. The assessment shall consist of walking the Project site to identify the presence of burrowing owl habitat. EPIMS-RIV-39893-R6 Construction Monitoring - Subconsultant

1. Upon completion of surveys by Consultant (except as otherwise specified), Subconsultant will be the Biological Monitor for daily construction monitoring.

2. Subconsultant shall implement Construction Conditions of SB23051IN including use of appropriate construction materials, delineation of ESAs prior to construction, delineation of access routes and work area, installation of culverts to not impede water flow, removal of temporary materials in waters of the state and proper revegetation, disposal of permitted fill in upland areas, top soil installation, appropriate dust abatement, and use of mechanized equipment per SB23051IN.

Crotch’s Bumble Bee- Subconsultant

3. No less than 120 days prior to the initiation of Project activities, Consultant shall complete and submit to CDFW for review and comment a baseline habitat mapping report encompassing Fish and Game Code Section 1602 resources (including channel side slopes) identified in EPIMS-RIV-39893-R6.

4. If habitat mapping identifies the presence of suitable Crotch’s bumble bee habitat, Consultant shall:
a. Retain a qualified biologist to prepare a daft survey plan and conduct surveys for Crotch’s bumble bee. The name and qualifications of the proposed biologist shall be submitted to CDFW for review and comment prior to preparation of the draft survey plan or commencement of surveys. b. No Less than 90 days prior to initiation of Project activities, the Crotch’s Bumble Bee qualified biologist shall prepare and submit to CDFW for review and comment a draft survey pan for Crotch bumble bee. c. The Crotch’s bumble bee qualified biologist shall complete surveys following the CDFW-reviewed survey plan.

Following completion of surveys, and no less than 30 days prior to initiation of Project activities, survey results shall be submitted to CDFW for r eview and comment. Surveys shall be conducted between February 1 and October 31.

Burrowing Owl- Subconsultant

5. If the burrowing owl habitat assessment identifies burrowing owl habitat onsite, DB, preapproved by CDFW, shall perform a survey for burrowing owls between 30 to 60 days prior to any project impacts. Project site is located within the Western Riverside County MSHCP Burrowing Owl Survey Area, with a minimum of one site visit to occur.

Additional visits may be warranted depending on the results of the first site visit. Surveys conducted during the breeding season March 1 – August 31 are required to describe how the site is used by burrowing owls. EPIMS-RIV- 39893-R6

6. The focused burrowing owl surveys shall consist of site visits on four separate days at least one week apart. EPIMS- RIV-39893-R6

7. If burrows or suitable burrowing owl habitat is found onsite, Consultant/Qualified Biologist, pre-approved by CDFW, shall inspect all burrows that exhibit typical characteristics of owl activity within three (3) days prior to any ground disturbing or site-preparation activities. Consultant shall monitor the burrows with motion-activated trail cameras 429

for at least 24 hours to evaluate burrow occupancy. CDFW shall be notified in writing of detection of active burrows within three (3) days. EPIMS-RIV-39893-R6

8. Consultant shall submit the survey methodology and results within ten days of survey completion and at least twenty-one days prior to commencement of Project activities. Appropriate maps showing burrow locations shall be included. EPIMS-RIV-39893-R6

9. If burrowing owls are observed within the Project Site during Project Implementation and construction, Consultant shall notify CDFW immediately in writing. Consultant shall be responsible for implementing appropriate avoidance and mitigation measures, or other appropriate mitigation measures as identified in the Burrowing Owl Plan. EPIMS- RIV-39893-R6

10. If burrowing owls are detected on the Project site, the Permittee shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval at least 30 days prior to initiation of Project activities. If burrowing owls are detected after Project activities have been initiated, a Burrowing Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 300 -1000 feet dependent upon burrowing owl nesting status and location. EPIMS-RIV-39893-R6 Post Construction - Consultant

1. Within 45 calendar days of completion of authorized work in waters of the U.S., Consultant shall submit to the Army Corps Regulatory Division a post-project implementation memorandum including the following information:
a. Date (s) work within waters of the U.S. was initiated and completed. b. Summary of compliance status with each special condition of SPL-2023-00465-CLB. c. Color photographs (including map of photopoints) taken at the project site before and after construction for those aspects directly associated with permanent impacts to waters of the U.S. such that the extent of authorized fills can be verified.
d. One copy of the “as built” drawings for the entire project. Electronic submittal (Adobe PDF format) is preferred.

All sheets must be signed, dated, and to scale. If submitting paper copies, sheets must be no larger than 11 x 17 inches; and
e. Signed Certification of Compliance (attached and part of SPL-2023-00465-CLB packaged). (SPL-2023-00464- CLB).

2. No later than one month following completion of authorized work in waters of the U.S., Consultant shall ensure all sites within waters of the U.S. subject to authorized, temporary impacts are restored to pre -project alignments, elevation contours, and conditions to the maximum extent practicable to ensure expeditious resumption of aquatic resource functions.

3. No later than 45 calendar days following completion of authorized work in waters of the U.S., Consultant shall submit a memorandum documenting compliance with this special condition (SPL-2023-00464-CLB).

4. For one year after the Project construction is complete, Consultant shall visually inspect the Project site between October 30 and April 15 following each rain event that results in 0.5 inch or more of rainfall in 48 hours to ensure excessive erosion, stream instability, or water quality pollution is not occurring in or downstream of the Project site. If erosion control measures have failed or water quality pollution is occurring, the Consultant shall contact the Water Board within 3 business days. SB23051IN
Project Mitigation - Consultant

1. The Consultant shall implement all requirements of the Mitigation Monitoring and Reporting Plan (MMRP) Appendix I of the EIR SB23051IN.

2. Consultant shall provide a final compensatory mitigation plan for review and approval by Water Board staff.

Impacts to waters of the state are not authorized and shall not occur until a compensatory mitigation plan has been approved by Water Board staff. U pon approval by Water Board staff, Consultant shall implement the approved plan. SB23051IN
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3. Consultant shall provide the final compensatory mitigation plan to include all plan elements as outlined in the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State and the State Supplemental Dredge or Fill Guidelines, Subpart J- Compensatory Mitigation for Losses of Aquatic Resources according to SB23051IN.

4. Consultant shall provide a copy of the fully executed agreement for the purchase of mitigation credits to the Water Board prior to the initiation of authorized impacts. SB23051IN.

5. Consultant shall retain responsibility for providing the compensatory mitigation and long-term management until Water Board staff has received documentation of the credit purchase and the transfer agreement between the Permittee and the seller of credits. Once this documentation is received, the Consultant has no responsibility for compensatory mitigation or long-term management. SB23051IN.

6. Total Required Compensatory Mitigation
a. Consultant is required to provide compensatory mitigation for the authorized impact to 0.010 acre of wetlands by purchasing 0.030 acre Aquatic Resource Credits from the Riverpark Mitigation Bank or by purchasing equivalent credits approved by Water Board staff in the final compensatory mitigation plan. SB23051IN. b. Consultant is required to provide compensatory mitigation for the authorized impact to 0.036 acre of stream channel by purchasing 0.090 acre of Aquatic Resource Credits from the Riverpark Mitigation Bank or by purchasing equivalent credits approved by Wate r Board staff in the final compensatory mitigation plan.

SB23051IN.
c. Consultant is required to provide compensatory mitigation for the authorized impact to 0.042 acre of riparian zones by purchasing 0.100 acre of Aquatic Resource Credits from the Riverpark Mitigation Bank or by purchasing equivalent credits approved by the Water Board staff in the final compensatory plan. SB23051IN.

7. Habitat Restoration – Onsite (On-site Temporary Restoration) EPIMS-RIV-39893-R6 a. Consultant shall restore no less than 0.31 acres of in-kind streambed and associated habitat. b. Upon completion of construction activities, Consultant shall restore all temporary impacts to pre -project conditions or better. Restoration activities should include, but not be limited to: contouring the ground surface to pre-impact grade; removing all construction related materials, trash, and debris; and replacing any natural materials moved during Project activities.
c. Consultant shall prepare Project Completion report to include photo documentation and reporting of restoration efforts.

8. Habitat Mitigation and Monitoring Plan (HMMP; Temporary Impacts) EPIMS-RIV-39893-R6 a. Consultant shall develop an HMMP within 4 months of starting Project activities. b. The HMMP will be prepared by a biologist familiar with the restoration of native pants. This plan shall include and is not limited to 1) plantings of both overstory and understory vegetation and, 2) a list of tree species being removed from the Project site, 3) return of impacted areas to original contours, and 4) a hydroseed mix appropriate to wetland and riparian vegetation within the project area composed of native species. c. The HMMP shall include a description of the proposed numbers, container sizes, and planting location, proposed monitoring activities, maintenance operations. d. These areas will be monitored for 5 years or until success criteria is met. e. Primary monitoring surveys for the HMMP (Temporary Impacts) shall be conducted in Spring and Fall, and an annual quantitative survey shall be performed to determine the success of restoration efforts. f. Consultant shall identify a proposed Habitat Restoration Manager, who may be the landowner or another party. Consultant shall notify CDFW of any subsequent changes in the Habitat Restoration Manager within 30 days of any change.
g. HMMP shall include a description of the physical conditions and vegetation communities including a map and GIS shapefiles.
h. Photo-documentation of restored areas shall be provided before and after restoration. 431

i. The HMMP shall identify the success criteria for the habitat restoration site. The reference site shall be approved by CDFW.
j. After the fifth year of monitoring, if the site has met the success criteria outlined in the HMMP, CDFW may request a site visit to determine if the mitigation portion of the agreement is deemed complete. k. If the survival and cover requirements have not been met as established in the HMMP, the Consultant shall follow contingency measures. Any contingency actions will be determined in coordination with CDFW.

9. Option 1: Habitat Re-establishment/Rehabilitation – Offsite (Mitigation Bank) EPIMS-RIV-39893-R6 a. Consultant shall compensate for the 0.08 acres of permanent impacts to stream bed, bank, and channel, through the acquisition of no less than 0.08 acre of streambed or riparian habitat re-establishment and 0.08 acre of rehabilitation credits through a CDFW-approved mitigation bank within Western Riverside County. b. Written CDFW approval of the mitigation bank is required prior to purchase of credits. c. Mitigation credits shall be purchased, and receipt provided to CDFW, at least 30 days prior to the initiation of Project activities or within 12 months following start of Project activities if Security is provided. If mitigation credits are not available f or purchase within 10 months following start of Project activities, the following measure shall be implemented (Option 2) following the purchase of mitigation credits and shall be completed within 18 months following start of Project activities if Security is provided. d. Alternate banks, credit types, and/or credit amounts necessary to meet the mitigation requirement must be proposed to CDFW for review and approval within 10 months following start of Project activities and purchased within 30 days of CDFW’s approval.

10. Option 2: Habitat Rehabilitation and/or Restoration – Offsite (Mitigation Site) EPIMS-RIV-39893-R6 a. Consultant shall compensate for permanent impacts of 0.08 acres to streambed, bank, and channel, through the acquisition, rehabilitation and/or restoration, and perpetual conservation and management of a “Mitigation Site”, or several mitigation sites, cont aining no less than 0.16 acres of streambed and stream - associated habitat within Western Riverside County.
b. Consultant shall implement the HMMP to be reviewed and approved by CDFW, and a Long-Term Management Pan designed to sustain or surpass the habitat quality of the Mitigation Site in perpetuity. c. Consultant shall establish long-term management funding. d. Permanent protection and funding for perpetual management of Habitat Management lands must be complete prior to initiation of Project activities, or within 18 months of starting Project activities if Security is provided.

11. Consultant shall restore all areas of temporary impacts to waters of the state in accordance with the “Temporary Impact Restoration Plan,” dated May 2023 per SB23051IN.

Project Reporting - Consultant

1. Project Reporting: Consultant shall submit an Annual Report by December 31 of each year, continuing until the Water Board issues a Notice of Project Complete Letter to City/Consultant. Written reports and notifications must be submitted using the Reporting and Notification Cover Sheet located in Attachment D of SB23051IN, which must be signed by City/Consultant. SB230511N

2. Project Status Notifications -Commencement of Construction: Consultant shall submit a Commencement of Construction Report at least 7 days prior to start of initial ground disturbance activities and, if applicable, corresponding Waste Discharge Identification Number (WDID #) issued under the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order WQ 2022 -0057-DWQ; NPDES No. CAS000002). SB23051IN

3. Project Status Notifications- Request for Notice of Project Complete Letter: Consultant shall submit a Request for Notice of Project Complete Letter when construction and/or any post-construction monitoring is complete, and no further Project activities will occur. The request shall be submitted to Water Board staff within 30 days following completion of all Project activities. SB23051IN
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4. As appropriate, Consultant shall submit the following notifications and/or reports: Accidental Discharges of Hazardous Materials, Violation of Water Quality Standards, In-Water Work and Diversions, Modifications to Project, Transfer of Property Ownership, and Transfer of Long -Term Best Management Practices (BMP) Maintenance, following the guidelines in SB23051IN.

5. Notification at the Start and End of Work. Consultant shall notify CDFW, in writing, at least five (5) days prior to re- initiation of Project -related activities and at least five (5) days prior to completion of Project and mitigation activities.

6. Consultant shall document compliance with all pre -Project Conditions of Approval before starting work through submitting a copy of the Mitigation Monitoring and Reporting Program (MMRP) table with notes showing current implementation status and date of completion of each mitigation measure. Notification shall be sent to CDFW as required by EPIMS-RIV-39893-R6

7. Reporting. All surveys, pre - and post -construction notifications, monitoring reports, and any other required communication between the Consultant and CDFW shall be submitted in digital format to CDFW as required by EPIMS-RIV-39893-R6.

8. Nesting Bird, Burrowing Owl, and Least Bell’s Vireo Survey Report. Prior to commencement of Project activities, the Consultant shall submit to CDFW the results of pre-construction nesting bird, burrowing owl, and Least Bell’s Vireo surveys completed as required by EPIMS-RIV-39893-R6

9. Nesting Bird Summary Report. Consultant shall prepare and submit to CDFW a summary of nesting species identified onsite, discovery of nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers. a. Summary reports shall be submitted on a weekly basis until there is no further evidence of nesting activity.

10. On-site Resource Updates. Permittee shall provide updates on the status/outcome of any new or previously identified resource, and any other pertinent information. a. Summaries shall be submitted on a monthly basis during periods of Project activity until Project completion or monitoring is complete.

11. Project Completion Report. Permittee shall provide a Project Completion Report to CDFW no later than one month after the Project is fully completed.
a. The Project Completion Report shall demonstrate that impacts to streams are consistent with EPIMS -RIV- 39893-R6.
b. The report shall include photo documentation, a quantification of the Project’s final total acres of impacts to streams, avoidance/minimization measures implemented, maps of work areas, biological survey notes (including construction monitoring), and a summary of the temporary and permanent restoration efforts with photo documentation.
c. The report shall include a copy of the MMRP table with notes showing status and date of implementation for each mitigation measure.
d. The report shall include GPS data taken before and after Project construction activities to verify project impacts are consistent with EPIMS-RIV-39893-R6.
e. The Consultant shall include, at minimum, pre -Project and post-Project color photographs taken from fixed locations of all Project areas within or directly adjacent to stream habitat.

12. Notification to CNDDB. If any special -status or listed species are/have been observed on or in proximity to the Project site, Consultant shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings.

13. List of Designated Biologist(s). The Consultant shall submit a proposed list of Designated Biologist(s) to CDFW for review at least 30 days prior to Project start.
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14. Emergency Response Plan. The Consultant shall submit an Emergency Response Plan to CDFW prior to start of ground disturbance.
a. The plan shall identify the actions that shall be taken in the event of a spill of petroleum products, or other material harmful to aquatic or plant life, and the identification and uses of emergency response materials.

Project Reporting - Consultant
Crotch’s Bumble Bee

1. Crotch’s Bumble Bee – Habitat Mapping Report. No less than 120 days prior to initiation of activities addressed by EPIMS -RIV-39893-R6, Subconsultant shall submit a baseline habitat report of the project site (including channel side slopes). This report will be prepared by Subconsultant.

2. Crotch’s Bumble Bee- Survey Plan. If habitat mapping identifies the presence of suitable habitat, no less than 90 days prior to initiation of project activities, Permittee shall submit to CDFW for review and comment a survey plan for Crotch’s bumble bee. This survey plan will be prepared by Subconsultant.

3. Crotch’s Bumble Bee- Survey Results. Survey results shall be submitted to CDFW within 30 days of completion of survey efforts by Subconsultant. Survey results shall be submitted to Consultant who will submit results to CDFW.

Burrowing Owl

4. Consultant shall submit the survey methodology and results within ten days of survey completion and at least twenty-one days prior to commencement of Project activities. Appropriate maps showing burrow locations shall be included. EPIMS-RIV-39893-R6

5. If burrowing owls are observed within the Project Site during Project Implementation and construction, Consultant shall notify CDFW immediately in writing. Consultant shall be responsible for implementing appropriate avoidance and mitigation measures, or other appropriate mitigation measures as identified in the Burrowing Owl Plan. EPIMS- RIV-39893-R6

6. If burrowing owls are detected on the Project site, the Permittee shall prepare a Burrowing Owl Plan that shall be submitted to CDFW for review and approval at least 30 days prior to initiation of Project activities. If burrowing owls are detected after Project activities have been initiated, a Burrowing Owl Plan shall be submitted to CDFW for review and approval within two weeks of detection and no Project activity shall continue within 300 -1000 feet dependent upon burrowing owl nesting status and location. EPIMS-RIV-39893-R6

Consultant shall provide the following to comply with the project MMRP:

1. CUL-C1: Before starting construction, a qualified archaeologist will be retained as project archaeologist to oversee archaeological monitoring during construction activities near CA-RIV-8163H.

2. CUL-C5: Before starting construction, a qualified paleontologist will be retained as project paleontologist to oversee paleontological monitoring during construction activities in areas identified as likely to contain paleontological resources.

3. CUL-C4: Before starting construction, a tribal Monitoring Agreement will be in place for monitoring of Native American artifacts during construction activities involving excavation in areas considered to have a higher sensitivity for buried archaeological resources.- Optional task

Permit Amendments – Additional Scope of Work
Consultants can assist with any permit amendments. A separate scope will be provided for any permit amendment.

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Schedule / Deliverables

GENERAL COMMUNICATION

DELIVERABLES
Milestone Deliverable Staff Due Date
1 Weekly schedule updates
documenting surveying/monitoring
results made during the previous
calendar week.

Arianne Preite On Monday of each week from the
starting week of construction until
project completion.
2 Qualifications for DBs/monitors to
CDFW
Arianne Preite 30 days prior to ground disturbance
3 Final Stamped Engineering Design
Plans to CDFW
Arianne
Preite/Parsons
Engineer
30 days prior to project activities

PRE-CONSTRUCTION SURVEYS

SCHEDULE
Work/Staff Hours/Duration Start Date End Date
One Designated
Biologist
10 hours/day Summer 2025 Prior to the start of
construction

DELIVERABLES
Milestone Deliverable Staff Due Date
1 General pre-construction surveys
within 3 days prior to initiation of
project activities
Arianne Preite;
Brian Upchurch
Results to CDFW 1 day prior to
initiation of project activities
2 Pre-construction surveys Report-
Nesting Birds to CDFW
Arianne Preite;
Brian
Upchurch;
Elizabeth Koos
Weekly during nesting season
3 Pre-construction Survey Report-
Burrowing Owl Habitat Assessment to
CDFW
Arianne Preite;
Brian
Upchurch;
Elizabeth Koos
Prior to the start of
construction- 30 days prior
4 Pre-construction Survey Report- Least
Bell’s Vireo to CDFW for review
Arianne Preite;
Emile Fiesler
TBD/if habitat present
5 Emergency Response Plan to CDFW Parsons Prior to start of ground disturbance
6 Submit to USACE Final
Grading/Construction Plans and
Receipt of USACE Approval
Arianne Preite Prior to start of ground
disturbance
7 GIS/mapping tasks to accompany pre-
survey reports
Brian Upchurch TBD
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8 Based on suitable habitat; Qualified
acoustician shall monitor noise as
construction approaches the edge of
occupied least Bell’s vireo habitat
Parsons
Subconsultant
TBD

WEAP TRAINING

SCHEDULE
Work/Staff Hours/Duration Start Date End Date
One Designated
Biologist
1 hours/day; as needed once
project activities commence
Prior to the start of
ground disturbing
activities
once all project staff and subs are
trained

DELIVERABLES
Milestone Deliverable Staff Due Date
1 WEAP training Signatures logs Arianne Preite;
Brian Upchurch
Prior to the start of ground
disturbing activities and as
needed for new staff during
construction

CONSTRUCTION MONITORING
SCHEDULE and DELIVERABLES/REPORTS (Sub-consultant)
Work/Staff Hours/Duration Start Date End Date
One Designated
Biologist
Full-time during ground disturbing
activities. 10 hours/day for 200
working days.

Once ground disturbing
activities commence and
pre-construction surveys are
complete
Once construction is
complete
One Designated
Biologist
Crotch Bumble Bee Habitat
Monitoring Report
No less than 120 days prior
to initiation of project
activities

One Designated
Biologist
Submit name and qualifications of
proposed biologist to CDFW for
review and comment prior to
preparation of draft survey pan or
commencement of surveys
Based on suitable habitat
One Designated
Biologist
Crotch Bumble Bee Survey Plan Based on suitable habitat, no less than 90 days prior
to initiation of project
activities

One Designated
Biologist
Crotch Bumble Bee Survey Results Based on suitable habitat; Submitted to Consultant
within 30 days of
completion of survey efforts

One Designated
Biologist
Perform a survey for burrowing owl Based on suitable habitat; between 30-60 days prior to
any project impacts

436

One Designated
Biologist
Submit survey methodology and
results for burrowing owl surveys
Based on suitable habitat;
within 10 days of survey
completion and at least 21
days prior to
commencement of Project
Activities

One Designated
Biologist
Prepare Burrowing Owl Plan Based on the detection of
burrowing owls on-site;
submit to CDFW for review
and approval at least 30
days prior to initiation of
project activities

SCHEDULE AND DELIVERABLES/REPORTS (Parsons)
Milestone Deliverable Staff Due Date
1 Weekly schedule updates
documenting project activities that
occurred during the previous week.

Arianne Preite; Brian
Upchurch
On Monday of each
week from the start
of ground disturbing
activities through
the completion of
construction
2 Annual Report to Water Board Arianne Preite; Elizabeth Koos
December 31st
annually
3 Commencement of Construction to
Regional Board
Arianne Preite 7 days prior to
ground disturbance
4 5 day notification for start and end
of work to CDFW
Arianne Preite 5 days prior to start
and end of work
5 Monthly report Arianne Preite By 5th day of the
following month of
construction
activities
6 Resource Agency Coordination Arianne Preite City will receive a copy of all
communications
7 Archaeologist (if remains
discovered)
Subconsultant If remains
discovered
8 GIS to accompany pre-construction
reports
Brian Upchurch TBD
9 Accidental Discharges of Hazardous
Materials, Violation of Water Quality
Standards, In-Water Work and
Diversions, Modifications to Project,
Transfer of Property Ownership, and
Transfer of Long-Term Best
Management Practices (BMP)
Maintenance
Arianne Preite TBD/if required

437

POST-CONSTRUCTION TASKS

SCHEDULE
Work/Staff Hours/Duration Start Date End Date
One Designated
Biologist
8 hours/day for 1 year, then as
specified below for task 5
Once ground
disturbing
activities are
complete
TBD

DELIVERABLES/REPORTS
Milestone Deliverable Staff Due Date
1 Project Completion Report
(temporary impacts) to CDFW
Arianne Preite,
Elizabeth Koos
Within 30 days of completion of
activity
2 Post-Project Implementation
Memo to Army Corps
Arianne Preite Within 45 days of completion of
work in waters of the U.S.
3 Restoration of Temporary
Impacts Memo to Corps
Arianne Preite Within 30 days of completion of
activity
4 Memo of Field Inspection After
Rain Event of 0.5” to Water
Board
Brian Upchurch For one year post construction
5 5 year monitoring/close out
report for Restoration of
Temporary Impacts
Arianne Preite 5 calendar years from last ground
disturbing activity
6 Obtain sign off/Implement
Requirements of MMRP
Arianne Preite Within one calendar year of
completion of project activities
7 Request for Project Complete
to Water Board
Arianne Preite Within 30 days completion of
project activities

MITIGATION TASKS

SCHEDULE
Work/Staff Hours/Duration Start Date End Date
One Designated
Biologist
8 hours/day for 1 year, then as
specified below for task 6
Once ground
disturbing
activities
commence;
Arianne Preite;
Brian Upchurch
Once construction is complete

DELIVERABLES
Milestone Deliverable Staff Due Date
1 Final Compensatory Mitigation
Plan to Water Board
Arianne Preite;
Brian Upchurch
Prior to initiation of project activity
impacts
438

2 Copy of purchase of credits to
Water Board
Arianne Preite;
Brian Upchurch
Prior to initiation of project activity
impacts
3 Prepare HMMP Arianne Preite;
Brian Upchurch
Prior to initiation of project activity
impacts
4 CDFW approval of mitigation
bank
Arianne Preite;
Brian Upchurch
Prior to credit purchase
5 Credit purchase and receipt to
CDFW
Arianne Preite;
Brian Upchurch
At least 30 days prior to initiation of
project activities or within 12
months with Security
6 HMMP Survey in Spring and
Fall for 5 years with Annual
Quantitative Survey
Arianne Preite;
Brian Upchurch
5 years once ground disturbing
activity is completed

Reports

All reports shall include at a minimum the following:

1. Dates, begin times, end times, and weather conditions of all survey or monitoring days.

2. Name of the DB present for each of the days and times.

3. Methodology used and any limitations that might affect the results of clearance surveys.

4. Data sheets and/or field notes with mapping detailing all data recorded using GPS and Geographic Information Systems technology.

5. Avoidance and minimizations measures implemented and their efficacy.

6. Location of work conducted each day using names of sites.

439

SECTION 2

Please review our cost proposal with billing rates for the environmental tasks attached here on the following page.

COST PROPOSAL
440
Sensitive#
Bundy Canyon Segment 2 Environmental Services
Bundy Canyon Segment 2 Environmental Services TOTAL DIRECT

PROJECT MANAGER ENVIRONMENTAL

MANAGER

SENIOR ENVIRONMENTAL

SCIENTIST

ASSOCIATE

ENVIRONMENTAL

SCIENTIST

ASSISTANT ENVIRONMENTAL

SCIENTIST LABOR LABOR
$240.00 $240.00 $165.00 $150.00 $105.00 HOURS COSTS
1 Project Management
Prepare, circulate, and file correspondence and memos 100.00 100.00 $16,500.00 Perform schedulling and coordination with City and sub 200.00 200.00 $33,000.00 Perform resource agency coordination and permit extension 40.00 40.00 $6,600.00 Prepare invoices 70.00 70.00 $16,800.00
Environmental Oversight for SCG Work 60.00 60.00 120.00 $16,200.00 2 Pre-Construction Surveys- Biology
Complete survey reports and submit to CDFW 40.00 40.00 80.00 $10,800.00 Prepare emergency response plan 40.00 40.00 $9,600.00
Submit plans to USACE and coordination 20.00 20.00 $3,300.00 Complete GIS mapping for survey reports 100.00 100.00 $10,500.00 Delineate ESA and pre-construction activities 100.00 100.00 200.00 $27,000.00 Technical edit of survey reports 40.00 40.00 $6,000.00
3 Construction Tasks- Environmental
Prepare WEAP materials 20.00 20.00 40.00 $5,400.00
Conduct WEAP training 40.00 40.00 80.00 $10,800.00
Paleontological Monitoring 40.00 $6,600.00
Archaeological Monitoring 40.00 $6,600.00
Tribal Monitoring Agreement 40.00 $6,600.00
4 Construction Monitoring - see subconsultant estimate (ICF) 5 Reporting Tasks- Biology
Prepare Project Completion Report 40.00 40.00 $6,600.00 RWQCB Notification annual and start of construction 20.00 20.00 $3,300.00 Prepare Weekly reports 100.00 100.00 $16,500.00
Prepare Monthly report 50.00 50.00 $8,250.00
CDFW Notification start and end of work 20.00 20.00 $3,300.00 Reporting of Violations 40.00 40.00 $6,600.00
Technical Edit of Reports 40.00 40.00 $6,000.00
6 Post-Construction Tasks- Biology
Prepare temporary impacts report 110.00 110.00 220.00 $29,700.00 Prepare project implementation memo-USACE 20.00 20.00 $3,300.00 Complete field inspection after rain events for one year 80.00 80.00 $12,000.00 Complete 5 year monitoring and close out report 160.00 160.00 320.00 $43,200.00 Prepare RWQCB report of completion 20.00 20.00 40.00 $6,300.00 Technical edit of reports 40.00 40.00 $6,000.00
7 Mitigation Tasks- Biology
Prepare HMMP 200.00 200.00 400.00 $54,000.00
Agency Appproval of mitigation 40.00 40.00 80.00 $10,800.00 HMMP Surveys/Monitoring for 5 years 250.00 250.00 500.00 $67,500.00 Close out Report 50.00 50.00 100.00 $13,500.00

TOTAL LABOR HOURS AND DIRECT LABOR COSTS
TOTAL LABOR HOURS 70.00 40.00 1860.00 200.00 1190.00 3240.00 TOTAL DIRECT LABOR COSTS $16,800.00 $9,600.00 $306,900.00 $30,000.00 $124,950.00 $489,150.00 $489,150.00
Notes: * All tasks listed are permit requirements: 1602, 401, and 404.

Other Direct Costs
OTHER DIRECT COSTS UNIT TOTAL ODC's
Mileage LS $5,000.00
Printing LS $500.00
$5,500.00

SUBCONSULTANT COSTS TOTAL SUB COSTS
ICF Cost Estimate $250,896.39
ICF (Optional Task) Focused Surveys - Crotch Bumble Bee Protocol Survey and Least Bell's Vireo Protocol Survey $62,596.06 $313,492.45
$808,142.45

TOTAL SUBCONSULTANT COSTS

TOTAL ESTIMATED COST

LABOR HOURS AND COSTS
TASK*

TOTAL LABOR COSTS

TOTAL OTHER DIRECT COSTS
Subconsultants
441

ICF – 49 Discovery, Suite 250, Irvine, CA 92618
This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

January 5, 2026
Ms. Arianne Preite
Regulatory Permitting Manager
Parsons

SUBJECT: Scope of Work to Provide Pre-construction and Construction Monitoring Services for the City of Wildomar Phase 2 Bundy Canyon Extension Project

Dear Ms. Preite,

ICF Environmental, Inc. (ICF) is pleased to provide Parsons with this scope of work and cost estimate to provide Pre-construction Surveys and Biological/Archaeological Construction Monitoring Services for the City of Wildomar’s Phase 2 Bundy Canyon Road Extension Project (Project). This scope of work is based on receipt of aquatic resource permits, notably the California Department of Fish and Wildlife (CDFW) permit EPIMS-RIV-39893-R6 with included measures and specific assumptions below. ICF shall provide services under mutually agreed upon terms. ICF proposes to invoice costs monthly. If you are in agreement with these terms and conditions, then please provide written authorization or notice to proceed (NTP).

Task 1. Pre-construction Surveys
Pre-Construction Nest Surveys
CDFW measure 2.13.2 requires pre-construction nesting bird surveys within 3 days prior to the initiation of Project activities. If nesting birds are found, an appropriate avoidance buffer will be established by the Designated Biologist. If an active nest is located, a qualified biologist shall establish, implement, and monitor avoidance and minimization measures to ensure compliance with all applicable laws and regulations related to nesting birds and raptors. Because the Phase 2 footprint includes large areas of vegetation, this task includes 4 days of surveys (10-hour days with travel) using two biologists within initial ground disturbance areas at the prior to the start of construction and also four additional days (10-hour days with travel) of surveys by one biologist for subsequent initial disturbance that does not take place upon initial project mobilization (i.e., new disturbance does not occur within 7 days of the original footprint nest surveys).

Deliverable:
• Daily monitoring log detailing the survey and findings. 442

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

Assumptions:
• Permission to enter the project footprint (i.e., temporary construction easements outside of the ROW) will be provided.
• Any active nests found during the pre-construction survey or during construction activities will be monitored during the Task 2 monitoring activities. • No GIS mapping or figures of active nests will be produced as part of this task. Any active nests will be flagged/buffered in the field and with a GPS coordinate (or similar location method such as a Google Earth pin).
• No weekly reporting is included in this scope of work. CDFW measures 2.13.6 and 4.4 require summary reports to CDFW weekly regarding the nesting species identified onsite, discovery of any of new nests, the status/outcome of any previously identified nest, buffer distances established for each nest, and any adjustments made to established buffers.

Pre-Construction Burrowing Owl Survey
CDFW measures 2.16 through 2.16.6 require a burrowing owl habitat assessment, focused burrow survey if suitable habitat is present, and four focused owl surveys within suitable habitat between 30 and 60 days prior to any Project impacts. Surveys must be conducted during the breeding season March 1 - August 31 and consist of site visits on four separate days at least one week apart. The survey methods and results must be submitted to CDFW within ten days of survey completion and at least twenty-one days prior to commencement of Project activities. If burrowing owls are detected on the Project site, then a Burrowing Owl Plan must be prepared.

This scope assumes no active owls will be observed and no plan is required.

As part of this task, ICF will determine the suitable habitat areas and survey the length of the Phase 2 alignment for suitable burrows that was not previously surveyed for the utility alignment.

Four days of focused surveys will then be conducted and a Burrowing Owl Focused Survey Memo Report will be completed. Based on surveys completed for PA&ED, there was suitable habitat along much of the alignment; however, there were only suitable burrows in one specific area. Based on this information, we are anticipating one day (two biologists) to map suitable habitat and suitable burrows outside of the utility alignment, followed by four days (8 hour days with travel) of surveys with two biologists for a total of 5 mobilizations.

A brief Burrowing Owl Focused Survey Memo Report of the survey methods and results, including the location of any burrows and burrowing owls and any established avoidance buffers will be prepared for CDFW submittal.

443

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

Crotch’s Bumble Bee (CBB) Habitat Assessment
Measure 2.17 requires no less than 120 days prior to the initiation of activities complete and submit to CDFW for review and comment a baseline habitat mapping following Sawyer et al. (2009) identifying species composition for each mapped alliance. Accordingly, two biologists will complete a habitat analysis for areas not previously reviewed for the utility relocation and prepare brief memorandum for CDFW submittal. If suitable habitat is present for CBB, then surveys will be completed upon authorization for optional Task 3.

Deliverable:
• Burrowing Owl Focused Survey Memo Report
• Crotch’s Bumble Bee Habitat Assessment Memo
Assumptions:
• No active owl burrows will be observed and no Burrowing Owl Plan is required. • No CDFW revisions on the reports are expected.

Task 2. Construction Monitoring
Measure 2.10 requires daily clearance of the work area by a biologist and measure 2.13.4 requires daily monitoring of any active nests. As such, this task includes up to 200 working days of construction monitoring. If full-time monitoring is not required due to the lack of sensitive biological resources adjacent to the project work area (e.g., initial clearing/grubbing completed, no active nests), then the working day will be reduced accordingly for efficiency. Therefore in an effort to be efficient while meeting the intent of the permit measures, we are assuming 50 days up to 8 hours/day (with travel), 50 days up to 6 hours/day (with travel), and 100 days up to 4 hours/day (with travel). Biological monitoring will include observations of the LOD and work limit work activities relative to any sensitive biological resources, any active nest monitoring needed, and as-needed contractor/City correspondence. Up to 0.5 hr/day is included for a brief daily monitoring log to be completed and submitted on a sharepoint website for City review and download. The daily monitoring log will document construction activities, any biological resources or issues identified, BMPs relative to biological and aquatic resources, correspondence with the City and/or contractor related to any compliance issues, and issue resolution.

Measure 2.5 requires the City to clearly delineate the outer perimeter of the work areas and access routes with appropriate fencing, signage, and/or flagging to prevent damage to adjacent habitats prior to start of Project activities. The biologist will monitor ESA and Limits of disturbance 444

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

(LOD) fence installation. This task assumes that the LOD/ESA fence installation will occur during construction monitoring (i.e., no separate mobilization is required).

This task also includes up to four days (10-hour days with travel) of as-needed archaeological monitoring with one archeologist. Field notes or a written monitoring log will be completed.

Deliverable:
• Daily Monitoring Logs
Assumptions:
• Up to 200 monitoring days (50 days up to 8 hours/day (with travel), 50 days up to 6 hours/day (with travel), and 100 days up to 4 hours/day (with travel)). • No GIS mapping or figures of active nests will be produced as part of this task. Any active nests will be flagged/buffered in the field and with a GPS coordinate (or similar location method such as a Google Earth pin).
• No weekly reporting, or any other permit reporting to CDFW or other agencies is included in this scope of work.
• CDFW Measure 4.9 requires pre/post drainage photos that can be completed and provided to Parsons during construction monitoring. No final report or submittal to CDFW is included. Photo locations and directions will be electronic. • No tribal or paleontological monitoring is included.
• No preparation of a WEAP training or wallet sized WEAP cards are included. The WEAP can be administered as-needed when ICF biologists are on site.

Task 3. Focused Surveys (Optional)
Crotch’s Bumble Bee (CBB) Protocol Surveys
Should Task 2, Crotch’s Bumble Bee Habitat Assessment, determine that suitable habitat is present within the Phase 2 project footprint and approximate 50’ buffer, then Measure 2.18, CBB surveys, is required. Surveys are required between February 1 and October 31 and require 3 surveys spaced out during the bee lifecycle. Measure 2.18.1 requires a resume package submittal, 2.18.2 requires a draft survey plan no less than 90 days prior to construction, and

2.18.3 requires survey results submittal. Because the project footprint extends substantially into vegetated areas, it is assumed that surveys are required along most of the alignment, which represents a very large survey area. Accordingly, ICF will provide surveyor resumes, perform the 445

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

survey (2 biologists, four days per survey event, three survey events) and prepare a brief survey memo for CDFW submittal.

Least Bell’s Vireo Protocol Surveys
Measure 2.14 requires protocol least Bell’s vireo (LBV) surveys during the nesting season within 500’ of project limits. The U.S. Fish and Wildlife Service (USFWS) requires the surveys be conducted pursuant to the Least Bell’s Vireo Survey Guidelines (USFWS 2001), which requires that a minimum of eight surveys be conducted at least 10 days apart between April 10 and July

31. Because the study areas contains potentially-suitable habitat for nesting LBV, one ICF biologist will conduct USFWS protocol level surveys for LBV throughout all areas of suitable habitat (assumed to be areas outside of the utility relocation alignment that will have been completed as part of a separate scope of work) on and adjacent to the study area (up to 500’ where access is provided). The results of the surveys will be incorporated into a brief memo report. This survey is only needed if work will occur between April through September.

Deliverable:
• CBB Survey Memo Report
• LBV Survey Memo Report
Assumptions:
• No noise monitoring is included per measure 2.14.2.2 should nesting vireo be found within 500’ of the work limits.
• Resumes of monitoring biologists will be provided for CDFW submittal and approval. • Surveys will not be repeated if the construction duration spaces two seasons during protocol survey windows.
• No surveys for CA gnatcatcher are included.

Task 4. Project Management
This task allows for 4 hours of initial project set up, and two hours/week for ongoing project management and invoicing, a virtual kickoff, on-going and as needed scheduling and coordination with Parsons/City, project coordination calls, and QAQC/submittal of deliverables.

Assumptions
• The project duration is 200 days/52 weeks, with no weekend, night, or holiday work.

Surveys will need to be completed within the time frames specified in the CDFW 446

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

measures. Some variances may be possible; however, all surveys must be completed before initial disturbance/clear and grub work is started. • The project limits of disturbance will be provided prior to work start and any temporary construction easements or private lands right of entry parcels will be provided. • ESA area limits will be provided based on design plan files and field verified. • SAA measure 2.9 requires a daily check of excavated areas and measure 1.10 requires a daily wildlife clearance survey.
• No acoustic surveys or noise monitoring is required for vireo (SAA measure 2.14.2.2). • The contractor is assumed to clean construction equipment of invasive species and administer SAA measure 2.32 through 2.34.

Deliverables:
• Project Management/Coordination consisting of two hours per week for approximately 52 weeks (200 days of construction).
• Monthly, as-needed project calls up to one hour
• Attendance of the field kick-off meeting on the first day of construction by the Project Manager and Senior Biologist.

Project Schedule
As directed by the City and Parsons, ICF anticipates that work will commence July 2026 The work will be performed on a time and materials basis. ICF’s proposal is valid for 90 days from its submittal, at which time ICF reserves the right to revise the cost estimate or extend the validity date, if needed. ICF looks forward to negotiating mutually acceptable terms and conditions.

Should you have any questions about the proposal, please contact Greg Hoisington at [email protected] or 949.333.6622. We look forward to hearing from you.

Sincerely,

Trina L. Prince
Senior Contracts Administrator

Att: 1. Cost Estimate

447

This proposal contains confidential information and shall not be disclosed or used for any purpose other than to evaluate this proposal.

448

SECOND AMENDMENT TO

AGREEMENT FOR ENGINEERING AND PROJECT

MANAGEMENT SERVICES

by and between

the

CITY OF WILDOMAR

and

TKE ENGINEERING, INC.

Dated January 14, 2026
449

SECOND AMENDMENT TO AGREEMENT FOR ENGINEERING AND

PROJECT MANAGEMENT SERVICES

This Second Amendment to Agreement for Engineering and Project Management Services (“Second Amendment”), which is dated January 14, 2026, is hereby entered into by and between the CITY OF WILDOMAR , a California general law city (“City”), and TKE ENGINEERING , Inc., a Civil Engineering Consultant (“Service Provider”), as follows:

RECITALS
A. City and Service Provider entered into an agreement for Engineering and Project Management Services on October 11, 2023 (“Agreement”). The Agreement provides that Service Provider will provide Engineering and Project Management services for the City as described in Exhibit A, Scope of Services of the original Agreement.

B. City and Services Provider entered into a First Amendment to the Agreement on July 9, 2025, amending Section 2, Scope of Services & Schedule of Performance, and Section 4, Compensation and Method of Payment C. This Second Amendment amends Section 1 - Term of Agreement, Section 2 - Scope of Services & Schedule of Performance.

OPERATIVE PROVISIONS

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

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

1.1. The entirety of Section 1. Term of Agreement is hereby amended as follows:

“Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall end on June 30, 2028.”

1.2. Exhibit A to the Agreement, “Scope of Services”, is hereby amended to add the Scope of Work attached hereto as Attachment A and incorporated herein.

450

GENERAL PROVISIONS

1. Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties.

2. Integration. This Second Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment.

3. Effective Date. This Second Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Service Provider.

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

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

451
IN WITNESS WHEREOF , the parties hereto have caused this Second Amendment to the Agreement to be executed on the date and year first above written.

CITY
By:_____________________________
Chris Mann, City Manager
ATTEST:
______________________________
Janet Morales- Garcia, CMC, City Clerk

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

VICE PROVIDER

TKE ENGINEERING
B
y:_____________________________
Name:________________________
Title: _________________________
B
y:_____________________________
Name:________________________
Title: _________________________
452

ATTACHMENT A

AMENDED SCOPE OF WORK

453

December 1, 2025

Mr. Jason Farag, P.E., Director of Public Works

CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595

S u b j e c t : B u d g e t I n c r e a s e L e t t e r # 2 f o r B u n d y C a n y o n R o a d W i d e n i n g – P h a s e I I

Dear Mr. Farag:

TKE Engineering, Inc. (TKE) has been providing Project Management consulting engineering services to the City of Wildomar (City) for the management of Bundy Canyon Road Widening – Phase 2 Project. TKE’s original budget for the Bundy Canyon Road Widening – Phase 2 Project was established at $50,000 and was previously amended to $124,000 to be billed on a time and materials basis and that amended budget has now been expended. Due to right- of-way acquisition and environmental mitigation delays, utility coordination issues and completion of the construction documents, the project has extended beyond the anticipated time. Therefore, the City has requested TKE to continue to provide additional project management services for the Bundy Canyon Road Widening – Phase 2 Project in which TKE will require additional budget. The following is a description of the required scope of services and additional budget amount required for each.

SCOPE OF WORK
Bundy Canyon Road Widening – Phase 2
Task No. 1 - Project Management
Project management includes weekly meetings with staff to ensure critical decisions are presented to the City for directio n at appropriate times, meetings and communications with the project team, field reviews of the site, progress reports, and regular review of project schedule and budget.

Additional services were requested by the City for TKE to review and prepare traffic control and project phasing exhibits which will be used to identify construction conflicts related to grading, overhead and underground utility relocations. TKE will provide phasing exhibits and language in the project specifications to assist the Contractors with development of phasing an d utility coordination needs required for construction.

Total budget increase for the services described above is $40,000.00.

Task No. 2 - Right-of-Way Acquisition
TKE will attend meetings and coordinate wi th appraisers, legal counsel, City staff, property owners and right-of-way consultants throughout the right-of-way acquisition process, as needed, to assist with valuations, fair market value, review legal and plat documents, identify temporary construction requirements, or to assist with property negotiations with the property owners, conducting businesses, escrow and title companies and any other affected parties to finalize the property acquisition.

Total budget increase for the services described above is $2,000.00.

Task No. 3 - Utility Coordination
454
Mr. Jason Farag, P.E., Director of Public Works
Extension of Project Management Scope of Services
December 1, 2025 Page 2 of 2

The City requested TKE to provide additional utility coordination to prepare exhibits and identify utility conflicts related to construction. TKE will coordinate with EVMWD, FMWC, SCE, Charter, Southern California Gas Company and Frontier for relocation and reconstruction of existing utility infrastructure. TKE attends weekly utility coordination meetings with the city and utility companies and attends field meetings to identify relocation requirements. TKE will continue coordination with all agencies/utilities having underground facilities in the project area requesting that they complete relocation design plans and coordinate the project construction schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies.

Total budget increase for the services described above is $16,000.00.

TKE’s current budget is $124,000. The total amount required for the added services described above is $58,000, therefore we are requesting our budget be amended to $182,000. We will invoice the City for the a dded services in accord ance with our rate schedule and our invoice will not exceed the amount presented above without prior approval.

Again, thank you for the opportunity to provide professional engineering services for the City of Wildomar. If you have any questions, please contact me at (951) 680-0440.

Sincerely,

Terry Renner, P.E., P.L.S., Q.S.D.

Senior Vice President
TKE ENGINEERING, INC.
455

TASK ORDER AGREEMENT

FOR PROFESSIONAL ON-CALL

CONSULTANT SERVICES
BUNDY CANYON ROAD IMPROVEMENTS, SEGMENT 2
Right of way Acquisition
This PROJECT AGREEMENT is made this 14 th day of January, 2026, by and between the City of Wildomar, a municipal corpor ation, hereinafter called “CITY” and Interwest Consulting Group, hereinafter called “CONSULTANT”.

1. SCOPE OF SERVICES. CONSULTANT shall provide all professional right of way acquisition services necessary and required to complete the work described in the Scope of Services attached hereto as Exhibits “A”, “B”, “C”, and “D”.

2. PRICE.

The services shall be provided for a not to exceed price of $137,100.00 attached hereto as Exhibit “A”, “B”, “C”, and “D”.

3. SCHEDULE.

The services shall be provided in accordance with a Schedule as mutually agreed to by CITY and CONSULTANT

4. This TASK ORDER AGREEMENT includes all of the terms and conditions contained in that certain On-Call Agreement for Professio
nal consulting Services, executed by the parties and
approved by the Wildomar City Council on June 8,2022.

5. SPECIAL PROVISIONS.

The terms and conditions attached hereto as “SPEC IAL
PROVISIONS”, if any, are included as part of this TASK ORDER AGREEMENT. 456
457

EXHIBIT A
458
1 Jenner , S
uite 160, Irvine , CA 9261 8
( 949) 299- 5300
Novem
ber 25, 2025
Jason
Farag, PE
Director of Public Works/City Engineer
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Re: Bud
get for Contract Amendment – Temporary Rights
Bundy Canyon Road – Segment 2 (Project)
Dear Mr
. Farag,
It is our un
derstanding the project schedule for Bundy Canyon – Segment 2 has been extended and may not be completed until end of 2027 or early 2028. Interwest obtained temporary construction easements and rights of entry for access to support construction. However, most of the temporary rights obtained will expire well before the anticipated completion of construction.

Interwest was asked to prepare a scope and cost to obtain and/or extend temporary rights (where applicable).

There is a
total of 18 parcels that will require new temporary rights – see parcel schedule attached.

Per your request, please find the proposed scope of work and Fee Proposal in the following pages to complete the work necessary to obtain the needed temporary rights, along with any other miscellaneous righ t of way needs.

Than
k you for the opportunity to continue working with the City to complete the Project. Should you have any questions regarding the scope of work provided or need additional information, please give Jeremy Miller, Project Manager, a call at (949)370-9035 or by email at [email protected].

We look fo
rward to completion of the Project.

Since
rely,
Marcel
la Jorgensen
Director of Real Estate Services
459
460
461

EXHIBIT B

462

TASK ORDER AGREEMENT

FOR PROFESSIONAL ON-CALL

CONSULTANT SERVICES
BUNDY CANYON ROAD IMPEOVEMENTS, SEGMENT 2
Right of way Acquisition

This PROJECT AGREEMENT is made this 9 th day of August, 2023, by and between the City of Wildomar, a municipal corporation, hereinafter called “CITY” and Interwest Consulting Group, hereinafter called “CONSULTANT”.

1. SCOPE OF SERVICES. CONSULTANT shall provide all professional right of way acquisition services necessary and required to complete the work described in the Scope of Services attached hereto as Exhibit “A”.

2. PRICE. The services shall be provided for a not to exceed price of $9,450.00 attached hereto as Exhibit “A”
.

3. SCHEDULE. The services shall be provided in accordance with a Schedule as mutually agreed to by CITY and CONSULTANT

4. This TASK ORDER AGREEMENT includes all of the terms and conditions contained in that certain On-Call Agreement for Professional consulting Services, executed by the parties and approved by the Wildomar City Council on June 8,2022.

5. SPECIAL PROVISIONS. The terms and conditions attached hereto as “SPECIAL PROVISIONS”, if any, are included as part of this TASK ORDER AGREEMENT.

463
464
1 Jenner ,
Suite 160, Irvine , CA 9261 8
( 949) 299- 5300
February 27, 2023
Warren R
epke, PE
Capital Projects Manager
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Re: Bundy C
anyon Road (Segment 2) – Right of Way Services
Dear Mr.

Repke,
It is our unde
rstanding that the City of Wildomar is moving forward with the Bundy Canyon Road Project, Segment 2, which was previously on hold. To complete the Right of Way necessary for Segment 2, right of way acquisition is required consisting of fee acquisition, permanent roadway easements, slope and drainage easements, temporary construction easements, and rights of entry.

A schedule of the parcels and right of way required are attached.

Per your r
equest, please find the proposed scope of work and Fee Proposal in the following pages to complete the work necessary for right of way completion.

Thank you fo
r the opportunity to submit our proposal to the City. Should you have any questions or need additional information, please do not hesitate to contact me at (949) 291-6793 or email at [email protected], or Jeremy Miller at ( 949)370-9035 or via email at [email protected].

Sincer
ely,
Marcie
Jorgensen
Director of Real Estate Services
465
PAGE 2

SCOPE OF WORK
Proje
ct Coordination and Management

1. Meetings. Attend meetings with the City, including the initial kick -off meeting. Meeting minutes, agendas and reports are provided as directed by the City.

2. Status Reports. Provide and maintain title, appraisal and acquisition database/status reports for all project personnel to access.

3. Subconsultant Management. Provide management and coordination of services for all subconsultants (e.g. title, appraisal, etc.).

4. Escrow Coordination. Provide coordination services with the escrow company, including ordering preliminary title reports, opening escrow s and facilitating escrows for the acquired property, as applicable.

5. Scheduling. Prepare and provide the City with project schedules, as needed.

6. Quality Assurance/Quality Control Management. Provide quality control management for all areas of the project, including coordinating efforts with the City to ensure compliance.

7. Data Management. We will use QuickBase as a project management tool for tracking tasks and milestones, as well as customized dashboards for monitoring individual performance efficiency, timelines and cost containment strategies. Our reports are tailored to each client’s specifications to provide the critical information necessary for management decisions.

8. Project Close -Out. Provide the services required to finalize and close out the project according to the Uniform Act, as amended, and California law.

Title
Research and Related Services

1. Preliminary Title Reports. Request preliminary title reports (PTR) from our subconsultant along with supporting documents for all parcels subject to permanent acquisitions. Title reports produced for each parcel will, at a minimum, establish legal owners and all valid liens, encumbrances and easements of record, and can include a color -coded map identifying third party easements over the parcel.

2. PTR Review. Interwest staff reviews the PTRs to inspect each report for accuracy of the stated ownership, Assessor Parcel Numbers and other pertinent information. Additionally, the listed liens, encumbrances, mortgages, etc., are analyzed to determine if consents/subordinations are required to clear title.

Prim
ary Appraisal

1. Define & Distribute Appraisal Assignments. Review the project requirements and assess property attributes to assure clear understanding of the appraisal assignment. Facilitate the distribution of appraisal assignments and ensure clarification of the scope of the assignment , or prepare waiver valuations if permanent rights are not required.

2. Coordinate Meetings. Hold meetings with the selected appraiser to review and discuss the project scope, requirements for the appraisal reports and reviews, as well as the type of reports required and the required written notice of inspection to the owner.

3. Notice of Intent to Appraise. Prepare the Notice of Intent to Appraise letter for each property, advising the property owners of the proposed project, introducing the appraiser and providing contact information to answer questions and concerns.

4. Obtain Appraisals. Obtain appraisals and summary of value statements for each acquisition prepared in accordance with California State laws and Uniform Standards of Professional Appraisal Practices (US PAP). Record information into the database and properly disperse reports (appraisal and appraisal review).
466
PAGE 3

5. Appraisal Reports. The format and level of documentation for an appraisal report depends on the complexity of the appraisal problem. Complex property assignments are to be reported in a self-contained, narrative format. A summary report, in conformance with USPAP Standards Rule 2-2(b), is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a narrative appraisal report.

6. Just Compensation. Upon completion of the appraisal, the appraiser will complete a Summary of Just Compensation report to establish the highest and best use valuation.

Acquisition: Settlements and Closings

1. Review Plans. Review project plans to become familiar with the project and its impact on the various properties.

2. Verify Conformance. Verify that any legal descriptions, right of way plans, surveys and appraisals correspond and are accurate.

3. Offer Letter. Prepare and present the written offer letter to the property owner, along with the appraisal summary of value, purchase agreement, easement deeds, escrow instructions, brochure and agent’s business card upon the initiation of negotiations, after revie w and approval by the City’s representative. Submit all legal documents for the City’s legal counsel to review when language is added, deleted or revised.

4. Acquisition and Negotiation. Conduct negotiations for the acquisition of each parcel in accordance wi th all federal and state policies and procedures, including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to out- of-area owners will be mailed with a Certified Return Receipt.

5. Administrative Settlement Recommendations. Provide the City with a written recommendation and support documentation for all counter offers and proposed settlement terms for review and approval or disapproval.

9. Open and Monitor Escrows. Coordinate with the s elected title company and open escrows on all purchases, as applicable. Interwest monitors escrows, reviews all escrow documents, requests funds from the City ensuring that the City receives title insurance policies in the amount of the purchase cost of the land/improvements, and clears title to all properties acquired. Or, if escrow i s not required, provide escrow services directly by preparing and recording easements, processing check requests and obtaining receipts.

6. Scheduling. Prepare and provide the City with project schedules, as needed

7. Contact Documentation. Thoroughly document all contacts with property owners and/or their representatives, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if pos sible, and housed in the database and each acquisition file.

8. Parcel Files. Establish and maintain an accurate and complete working file for each parcel in a professional and standard format. Additionally, all pertinent project files are maintained in electronic formats and provided to the City at completion of the project.

9. Meetings. Attend any required or additional meetings, as deemed necessary by the City to communicate progress and discuss project issues.

10. Close-Out Acquisition File. Complete a final quality assurance/quality control review on the file for close-out, provide final status reports to the City and deliver final files to the City upon completion of the project. Additionally, the City will receive a flash drive with all pertinent project data stored in systematically organized project folders. 467
468
PAGE 5

Parcels with Permanent Rights Required

Parcel
ID Property Owner APN ROW Required ROW
Labor Cost
PID-42
Western Riverside
County RCA
367-320-045 Fee Acq.
$3,380
PID-46 366-320-012 Fee Acq.

PID-53 366-320-008 Fee Acq.

PID-55 366-310-006 Fee Acq.

PID-32
Bundy Canyon 38
366-320-048 Slope Easement
$3,375 TCE
PID-33 366-320-028 Slope Easement
TCE
PID-39 23263 Bundy Canyon
Road LLC 367-250-007
Road Easement
$3,375 Slope Easement
TCE
PID-47 John Chung Hwe
Park 366-320-006
Road Easement
$3,700 Slope Easement
TCE

Parcels with Temporary Rights Required (TCEs and ROEs)

Parcel
ID Property Owner APN ROW
Required
ROW
Labor Cost
PID-34 Ebrahim Talebi Trust (New Owner) 367-250-017 TCE $1,325 PID-35 Jack and Claudia La Greca 366-320-051 TCE $1,325 PID-36 Dennis and Louse Wolfe 367-250-016 TCE $1,325
PID-41 Walker Trust (Bundy Christian School) 367-250-018 ROE $1,250 PID-43 Casa De Adoracion Y Gloria 367-270-021 ROE $1,250 PID-44 Bundy Christian School 367-270-030 ROE $1,250
PID-45 Mark and Nida Smith 366-320-050 TCE $1,325
PID-48 Leonardo Beltran (New Owner) 366-320-052 TCE $1,325 PID-49 Marsha Cook 366-320-049 TCE $1,325
PID-51 County of Riverside EDA (Ortega Trail) 366-320-046 TCE $1,325 PID-52 Jodi Spoon Sadlon (New owner) 366-320-041 TCE $1,325 PID-57 Michael & Shannon Balchak (New owner) 362-211-003 TCE $1,325 PID-58 Albert Lopez 362-211-004 ROE $1,250
PID-59 Deanna Kunz 362-211-005 ROE $1,250
PID-60 The Farm HOA 362-211-029 ROE $1,250
PID-61 Miguel Angel Alvarado (New Owner) 362-211-023 TCE $1,325 PID-62 Claudia Salzer & Guy Wiltshire 362-211-024 ROE $1,250 PID-64 The Farm HOA 362-211-030 ROE $1,250
PID-65 Norman Busch 362-090-025 TCE $1,325

469

EXHIBIT C

470

TASK ORDER AGREEMENT

FOR PROFESSIONAL ON-CALL

CONSULTANT SERVICES
BUNDY CANYON ROAD IMPEOVEMENTS, SEGMENT 2
Right of way Acquisition
This PROJECT AGREEMENT is made this 9 th day of August, 2023, by and between the City of Wildomar, a municipal corporation, hereinafter called “CITY” and Interwest Consulting Group, hereinafter called “CONSULTANT”.

1. SCOPE OF SERVICES. CONSULTANT shall provide all professional right of way acquisition services necessary and required to complete the work described in the Scope of Services attached hereto as Exhibit “A”.

2. PRICE. The services shall be provided for a not to exceed price of $9,450.00 attached hereto as Exhibit “A”
.

3. SCHEDULE. The services shall be provided in accordance with a Schedule as mutually agreed to by CITY and CONSULTANT

4. This TASK ORDER AGREEMENT includes all of the terms and conditions contained in that certain On-Call Agreement for Professional consulting Services, executed by the parties and approved by the Wildomar City Council on June 8,2022.

5. SPECIAL PROVISIONS. The terms and conditions attached hereto as “SPECIAL PROVISIONS”, if any, are included as part of this TASK ORDER AGREEMENT. 471
472
1 J e n n e r , S u i t e 1 6 0 , I r v i n e , C A 9 2 6 1 8 ( 9 4 9 ) 2 9 9 - 5 3 0 0
July 18, 2023
Warran Repke, PE
Capital Projects Manager
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Re: Bundy Canyon Road (Segment 2) – Right of Way Services – APN 362-090-004 Dear Mr. Repke,
Per our discussion, the City of Wildomar is proceeding with Bundy Canyon Road Widening Project- Segment 2. An additional parcel is being added to the scope of services for right of way services.

To complete the Right of Way necessary for Segment 2, right of way acquisition is required. The City would like to accuire a roadway easement, slope easement, and temporary construction easement over APN 362-090-004.

Per your request, please find the proposed scope of work and Fee Proposal in the following pages to complete the work necessary for right of way completion.

Thank you for the opportunity to submit our proposal to the City. Should you have any questions or need additional information, please do not hesitate to contact Jeremy Miller at your earliest convenience at (949) 370-9035 or by email at [email protected].

Sincerely,
Marcella Jorgensen
Director of Real Estate Services
473
PAGE 2

SCOPE OF WORK
Project Coordination and Management

1. Meetings. Attend meetings with the City, including the initial kick-off meeting. Meeting minutes, agendas and reports are provided as directed by the City.

2. Status Reports. Provide and maintain title, appraisal and acquisition database/status reports for all project personnel to access.

3. Subconsultant Management. Provide management and coordination of services for all subconsultants (e.g. title, appraisal, etc.).

4. Escrow Coordination. Provide coordination services with the escrow company, including ordering preliminary title reports, opening escrows and facilitating escrows for the acquired property, as applicable.

5. Scheduling. Prepare and provide the City with project schedules, as needed.

6. Quality Assurance/Quality Control Management. Provide quality control management for all areas of the project, including coordinating efforts with the City to ensure compliance.

7. Data Management. We will use QuickBase as a project management tool for tracking tasks and milestones, as well as customized dashboards for monitoring individual performance efficiency, timelines and cost containment strategies. Our reports are tailored to each client’s specifications to provide the critical information necessary for management decisions.

8. Project Close-Out. Provide the services required to finalize and close out the project according to the Uniform Act, as amended, and California law.

Title Research and Related Services

1. Preliminary Title Reports. Request preliminary title reports (PTR) from our subconsultant along with supporting documents for all parcels. Title reports produced for each parcel will, at a minimum, establish legal owners and all valid liens, encumbrances and easements of record, and can include a color-coded map identifying third party easements over the parcel.

2. PTR Review. Interwest staff reviews the PTRs to inspect each report for accuracy of the stated ownership, Assessor Parcel Numbers and other pertinent information. Additionally, the listed liens, encumbrances, mortgages, etc., are analyzed to determine if consents/subordinations are required to clear title.

Primary Appraisal

1. Define & Distribute Appraisal Assignments. Review the project requirements and assess property attributes to assure clear understanding of the appraisal assignment. Facilitate the distribution of appraisal assignments and ensure clarification of the scope of the assignment, or prepare waiver valuations if permanent rights are not required.

2. Coordinate Meetings. Hold meetings with the selected appraiser to review and discuss the project scope, requirements for the appraisal reports and reviews, as well as the type of reports required and the required written notice of inspection to the owner.

3. Notice of Intent to Appraise. Prepare the Notice of Intent to Appraise letter for each property, advising the property owners of the proposed project, introducing the appraiser and providing contact information to answer questions and concerns.

4. Obtain Appraisals. Obtain appraisals and summary of value statements for each acquisition prepared in accordance with California State laws and Uniform Standards of Professional Appraisal Practices (USPAP). Record information into the database and properly disperse reports (appraisal and appraisal review).

5. Appraisal Reports. The format and level of documentation for an appraisal report depends on the complexity of the appraisal problem. Complex property assignments are to be reported in a self-contained, narrative format. A summary report, in conformance with USPAP Standards Rule 2-2(b), is permitted in cases, which, by virtue of their low value or simplicity, do not require the in-depth analysis and presentation necessary in a narrative appraisal report.

6. Just Compensation. Upon completion of the appraisal, the appraiser will complete a Summary of Just Compensation report to establish the highest and best use valuation. 474
PAGE 3
Acquisition: Settlements and Closings

1. Review Plans. Review project plans to become familiar with the project and its impact on the various properties.

2. Verify Conformance. Verify that any legal descriptions, right of way plans, surveys and appraisals correspond and are accurate.

3. Offer Letter. Prepare and present the written offer letter to the property owner, along with the appraisal summary of value, purchase agreement, easement deeds, escrow instructions, brochure and agent’s business card upon the initiation of negotiations, after review and approval by the City’s representative. Submit all legal documents for the City’s legal counsel to review when language is added, deleted or revised.

4. Acquisition and Negotiation. Conduct negotiations for the acquisition of each parcel in accordance with all federal and state policies and procedures, including making the initial purchase offer in person when the owner resides in the project area, if possible. Offers to out- of-area owners will be mailed with a Certified Return Receipt.

5. Administrative Settlement Recommendations. Provide the City with a written recommendation and support documentation for all counter offers and proposed settlement terms for review and approval or disapproval.

9. Open and Monitor Escrows. Coordinate with the selected title company and open escrows on all purchases, as applicable. Interwest monitors escrows, reviews all escrow documents, requests funds from the City ensuring that the City receives title insurance policies in the amount of the purchase cost of the land/improvements, and clears title to all properties acquired. Or, if escrow is not required , provide escrow services directly by preparing and recording easements, processing check requests and obtaining receipts.

6. Scheduling. Prepare and provide the City with project schedules, as needed

7. Contact Documentation. Thoroughly document all contacts with property owners and/or their representatives, indicating attendees, time and place of meetings. Documentation includes thorough diaries and copies of all correspondence and emails. Diaries are updated immediately after each contact, if possible, and housed in the database and each acquisition file.

8. Parcel Files. Establish and maintain an accurate and complete working file for each parcel in a professional and standard format. Additionally, all pertinent project files are maintained in electronic formats and provided to the City at completion of the project.

9. Meetings. Attend any required or additional meetings, as deemed necessary by the City to communicate progress and discuss project issues.

10. Close-Out Acquisition File. Complete a final quality assurance/quality control review on the file for close-out, provide final status reports to the City and deliver final files to the City upon completion of the project. Additionally, the City will receive a flash drive with all pertinent project data stored in systematically organized project folders. 475
476

EXHIBIT D

477

1 Jenner , Suite 160, Irvine , CA 9261 8
( 949) 299- 5300

May 17, 2024

Warren Repke, PE
Capital Projects Manager
City of Wildomar
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595

Re: Budget for Contract Amendment
Bundy Canyon Road – Segment 2 (Project)

Dear Mr. Repke,

It is our understanding the Project budget is close to be depleted as of May 1, 2014 . As requested, we are providing an estimate of right of way services cost to complete the remaining right of way services for the P roject, as well as provide support for the increase due to additional scope required. Both of these breakdowns are enclosed with this letter.

The total amount for amendment would be $28,500 pursuant to the Remaining Scope of Work and Fee Schedule provided herein. The total project budget is summarized as follows:

Description Budget Amount
APN 362-090-004 (Ambient Pacific) $9,450
Original Budget $73,600

Thank you for the opportunity to continue working with the City to complete the Project. Should you have any questions regarding the scope of work provided or need additional information, please give Jeremy Miller, Project Manager, a call at (949)370-9035 or by email at [email protected].

We look forward to completion of the Project.

Sincerely,

Marcella Jorgensen
Director of Real Estate Services

478
479
PAGE 3
Additional Scope of Work from Original
(Support for Overage)

Parcel ID (APN) Additional Work Required Beyond Original Scope PID 42,
46,53 55
(RCA)
366-320-045
366-320-012
366-320-008
366-310-006
RCA process for dedication of property scope differs from original scope of work for standard acquisition. Preparation of separate agreement and process, and coordination with Rancon Development regarding acquisition of mitigation property. Updated appraisal required per RCA – need to separate into three distict valuation areas.

PID 32/33
(Rancon) 366-320-053 Negotiations and acquisition of mitigation property for RCA dedication.

Requires additional offer, agreement, negotiations, and escrow process.

PID 45
(Storm) 366-320-043
Additional parcel added and acquisition of Temporary Construction Easement. Requires valuation/appraisal, offer package, negotiations, and escrow and title process.

PID 50
(EMWD) 366-320-047 Additional Temporary Construction Easement needed. Requires valuation/appraisal, offer package, negotiations, and escrow process.

480

CITY OF WILDOMAR

CITY COUNCIL REGULAR MEETING

GENERAL BUSINESS
Agenda Staff Report # 3.6

Meeting Date: January 14, 2026
SUBJECT:

Introduce and conduct the first reading of an Ordinance amending Business Registration and other provisions under Title 5 and the Municipal Code.

SUBMITTED BY:

Robert Flores, Community Development Director
PREPARED BY:

Robert Flores, Community Development Director

ACTION:

1. Determine that Ordinance No. _____, is exempt under the California Environmental Quality Act (CEQA) and CEQA Guidelines, pursuant to the common-sense exemption, Section 15061(b) (3) of the CEQA Guidelines, under the general rule making provision.

2. Introduce and conduct the first reading by title only, based on the necessary finding within, for an ordinance entitled:

ORDINANCE NO. ____
AN ORDINANCE OF THE WILDOMAR CITY COUNCIL AMENDING SECTION 1.04.120, VARIOUS PROVISIONS OF TITLE 5 (BUSINESS LICENSES AND REGULATIONS), AND OTHER TITLES OF THE WILDOMAR MUNICIPAL CODE TO UPDATE THE CITY’S

BUSINESS REGISTRATION AND REGULATORY FRAMEWORK AND CONFORM

ASSOCIATED REFERENCES

3. Direct the City Clerk to schedule the second reading of the Ordinance at the next regular City Council meeting or as soon thereafter as feasible.

SUMMARY:

Consideration of amendments to the Municipal Code to amend Section 1.04.120 and various provisions of Title 5 (Business License and Regulations) and other Titles of Wildomar Municipal Code to update the City's business and regulatory framework, as summarized below:
1 .

Amend the definition of "Business License" under Section 1.04.120 to mean business registration;
2 .

Rename Title 5 to "Business Regulations".
3 .

Amend Chapter 5.68. of Title 5 to allow for business registration only under a Business
Registration Program
, rather than requiring both licensing and registration, and exempt vendors or other persons conducting a temporary business activity as part of an approved Temporary Event or Temporary Use Permit;
4 .

Establish appropriate Title 5 references to the City of Wildomar and associated City departments, divisions, and resources; and
5 .

Globally replace references to "Business License" with "Business Registration" within the Wildomar Municipal Code.
481

BACKGROUND:

Title 5 of the Wildomar Municipal Code establishes the City of Wildomar ("City") Business Registration and Licensing (BRL) Program under Chapter 5.68. Title 5 was established upon incorporation in 2008 with the adoption of Riverside County codes/ordinances. Chapter 5.68 has not been comprehensively updated since its original adoption, with only minor surgical updates in 2019.

Currently, the BRL Program requires both licensing and registration for business operating within the City.

DISCUSSION:

Since licensing is typically associated to taxing, this amendment proposes to revise the existing program to require business registration only and remove the requirement for a business license. Maintaining a business registration program ensures that businesses comply with necessary water quality requirements and allows for the maintenance of an active database that can be used to provide business development services and share business resources.

Business registration fees will remain the same at $75 for registration and $50 for renewals, as adopted in 2019 by Resolution No. 2019-71.

Business registration will not approve land uses or construction, nor does it ensure compliance with other local, state or federal laws. Compliance to other applicable laws will remain the responsibility of the business owner, and separate permits or licenses may be needed in addition to a business registration.

ENVIRONMENTAL ANALYSIS:

In accordance with the requirements of the California Environmental Quality Act (“CEQA”), Public Resources Code § 21000, et seq., and the CEQA Guidelines, Section § 15000, et seq., Ordinance No. [next in order] is exempt from further environmental review, based on the common sense exemption, CEQA Guideline Section 15061(b)(3), in that the amendments involve general policy and procedure making and it can be seen with certainty that there is no possibility that this code amendment and ordinance adoption may have a significant effect on the environment.

FISCAL IMPACT:

The fiscal impacts associated with the drafting, legal review, and implementation of this ordinance are covered by the Department’s Operating Budget of General Fund.

ATTACHMENTS:

Attachment A - Draft City Council Ordinance - Title 5 - January 2026 FINAL.docx Exhibit A to Ordinance - Title 5 Amendments - January 2026 (Redline Version) FINAL.pdf 482
Ordinance No. [Next in Order]

ORDINANCE NO. [Next in Order]

AN ORDINANCE OF THE WILDOMAR CITY COUNCIL AMENDING
SECTION 1.04.120, VARIOUS PROVISIONS OF TITLE 5 (BUSINESS

LICENSES AND REGULATIONS) , AND OTHER TITLES OF THE
WILDOMAR MUNICIPAL CODE TO UPDATE THE CITY’S BUSINESS

REGISTRATION AND REGULATORY FRAMEWORK AND CONFORM

ASSOCIATED REFERENCES

The Wildomar City Council does ordain as follows:

SECTION 1. Findings. The City Council finds, determines and declares as follows:

A. California Constitution art XI, §7, confers the police power to cities, providing that “[a] county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.”

B. Government Code section 37101 authorizes cities to adopt ordinances and regulations not inconsistent with the laws of the state for the government and protection of the public health, safety, and welfare.

C. Title 5 of the Wildomar Municipal Code (“WMC”) establishes the City’s business registration and regulatory framework, including provisions governing registration requirements, fees, inspections, and enforcement.

D. The amendments adopted by this Ordinance clarify and update terminology within Chapter 5.68, including the use of “business registration” in place of “business license,” while maintaining the City’s existing revenue-neutral regulatory framework and enforcement authority.

SECTION 2: Approval.

A. The City Council hereby approves and adopts the amendments to Title 5 (Business Licenses and Regulations) of the WMC, including amendments to Chapter 5.68 (Business Registration and License Program), as set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

B. The City Council approves and adopts an amendment to WMC Section

1.04.120 (Definitions), which modified to add a new definition as follows:
“Business license” shall mean a “business registration,” as described in Title 5 of this code.

C. The City Council approves and adopts global amendments to the WMC to 483
Ordinance No. [Next in Order]

replace references to “business license” with “business registration,” except for WMC Title 17.

SECTION 3: Environmental Assessment. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.) and the CEQA Guidelines (14 Cal. Code Regs. §§ 15000 et seq.) pursuant to the common- sense exemption, CEQA Guidelines section 15061(b)(3), in that the amendments involve general policy and procedural clarifications and it can be seen with certainty that there is no possibility that adoption of this Ordinance may have a significant effect on the environment.

SECTION 4: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5: Summaries of Information. All summaries of information in the findings herein are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 6: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, this Ordinance’s provisions are severable.

SECTION 7: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; case it to be entered into the City’s book of original ordinances; make a note of the passage and adoption of this Ordinance and cause it to be published or posted in accordance with California law.

SECTION 8: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _____________, 2026.

__________________________
Carlos Marquez, Mayor

ATTEST:

________________________________
Janet Morales, City Clerk

484
Ordinance No. [Next in Order]

APPROVED AS TO FORM:

_______________________
Thomas Jex, City Attorney

EXHIBIT
Exhibit A: Title 5 Amendments

485
Ordinance No. [Next in Order]

EXHIBIT “A”
TITLE 5 AMENDMENTS
486
City of Wildomar, CA
Downloaded from https://ecode360.com/WI5035 on 2025-12-02

Title 5

BUSINESS LICENSES AND REGULATIONS

Chapter 5.04
BINGO

§ 5.04.010. Definitions.
§ 5.04.020. Authority.
§ 5.04.030. License required.
§ 5.04.040. Application for license.
§ 5.04.050. Term of license and fees.
§ 5.04.060. Application investigation.
§ 5.04.070. License not transferable.
§ 5.04.080. Limitations.
§ 5.04.090. Inspection.
§ 5.04.100. Denial of application, license
suspension or revocation.
§ 5.04.110. Appeal.
§ 5.04.120. Violation—Penalties.
§ 5.04.130. Other remedies.

Chapter 5.08

CABLE, VIDEO AND

TELECOMMUNICATIONS SERVICE

PROVIDERS

Article I
General Provisions

§ 5.08.010. Title.
§ 5.08.020. Purpose and intent.
§ 5.08.030. Defined terms and phrases.
§ 5.08.040. Suspension and waiver of
application fee deposits.

Article II
Cable Television Systems

§ 5.08.050. Authority and findings.
§ 5.08.060. Franchise terms and
conditions.
§ 5.08.070. Franchise applications and
renewal.
§ 5.08.080. Contents of cable television
franchise agreements.
§ 5.08.090. Fee for support of local
cable usage.
§ 5.08.100. Consumer protection and
service standards.

Article III
Open Video Systems

§ 5.08.110. Applicability.
§ 5.08.120. Application required.
§ 5.08.130. Review of the application.
§ 5.08.140. Agreement required.

Article IV
Other Video and Telecommunications
Services and Systems

§ 5.08.150. Other multichannel video
programming distributors.
§ 5.08.160. Video

providers—Registration—Customer
service standards.

Article V
Definitions

§ 5.08.180. Defined terms and phrases.

Article VI
Violations—Severability

§ 5.08.190. Violations—Enforcement.

Chapter 5.12

VIDEO FRANCHISE FEES, CUSTOMER

SERVICE AND OTHER VIDEO-

RELATED MATTERS

§ 5.12.010. Regulation of video
franchises and definitions.
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§ 5.12.020. State video franchise fees.
§ 5.12.030. Audit authority.
§ 5.12.040. Customer service and
protection standards.
§ 5.12.050. Material breach of customer
standards.
§ 5.12.060. Response to Notice of
Breach.
§ 5.12.070. Request for Exemption from
Breach.
§ 5.12.080. Penalties for customer
service and protection
standards violations.
§ 5.12.090. Appeal of penalties for
customer service and
protection standards
violations.
§ 5.12.100. City response to state video
franchise applications.
§ 5.12.110.

PEG fees.

Chapter 5.16

CLOSING OUT AND RELOCATION
SALES

§ 5.16.010. License required.
§ 5.16.020. License application.
§ 5.16.030. License fee.
§ 5.16.040. Inventory list required.
§ 5.16.050. Violation—Penalty.

Chapter 5.20

COMMERCIAL FILMING

§ 5.20.010. Purpose.
§ 5.20.020. Definitions.
§ 5.20.030. Permit requirement.
§ 5.20.040. Exemptions/waivers.
§ 5.20.050. Use of facilities.
§ 5.20.060. Liability provisions.
§ 5.20.070. Department of Economic
and Community
Development—Duties.
§ 5.20.080. Rules, regulations and fees.
§ 5.20.090. Violations of
permit—Cancellation.

Chapter 5.24

DANCE HALLS, DANCE CLUBS AND

PUBLIC DANCES

§ 5.24.010. Permit required.
§ 5.24.020. Permit issuance.
§ 5.24.030. License fee.
§ 5.24.040. Permit denial—Appeal.
§ 5.24.050. City
Council—Responsibilities.
§ 5.24.060. Definitions.
§ 5.24.070. Exemptions.
§ 5.24.080. Minors.
§ 5.24.090. Hours of dance restricted.
§ 5.24.100. Illumination of dance hall.
§ 5.24.110. Intoxicated persons not
permitted.
§ 5.24.120. Dance
instructors—Restrictions.
§ 5.24.130. Paid dancing partners
unlawful.
§ 5.24.140. Promulgation of rules and
regulations—Chief of Police
authority.
§ 5.24.150. Security personnel.
§ 5.24.160. Chapter provisions optional
when.
§ 5.24.170. Violation—Penalty.

Chapter 5.28

FORTUNETELLING AND SIMILAR

ACTIVITIES

§ 5.28.010. Findings.
§ 5.28.020. Definitions.
§ 5.28.030. License requirement.
§ 5.28.040. Exemptions from license
requirement.
§ 5.28.050. Land use and building and
safety requirements.
§ 5.28.060. License application, fees and
other requirements.
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§ 5.28.070. Investigation.
§ 5.28.080. Term of license and renewal.
§ 5.28.090. Denial of license application.
§ 5.28.100. Suspension and revocation
of license.
§ 5.28.110. Appeals from suspensions
and revocations of licenses
and denials of license
applications.
§ 5.28.120. Notification of changes.
§ 5.28.130. Display of license.
§ 5.28.140. Hours permitted.
§ 5.28.150. Records.
§ 5.28.160. Inspections.
§ 5.28.170. Adjustments of fees.
§ 5.28.180. Violations—Penalties.
§ 5.28.190. Other remedies.

Chapter 5.32

GARAGE SALES

§ 5.32.010. Garage sale defined.
§ 5.32.020. Unauthorized sales
prohibited.
§ 5.32.030. Exemptions.
§ 5.32.040. Frequency and time of sales
limited.
§ 5.32.050. Display.
§ 5.32.060. Signs.
§ 5.32.070. Violation—Penalty.

Chapter 5.36

MASSAGE BUSINESSES

§ 5.36.010. Definitions.
§ 5.36.020. License required to conduct
massage business.
§ 5.36.030. Exemptions.
§ 5.36.040. Massage business operating
requirements.
§ 5.36.050. Application for massage
business license and
renewals.
§ 5.36.060. Grounds for denial,
suspension or revocation of
a license.
§ 5.36.070. Appeal.
§ 5.36.080. Inspection.
§ 5.36.090. Licenses not transferable.
§ 5.36.100. Violations—Penalties.
§ 5.36.110. Other remedies.

Chapter 5.40

SEX-ORIENTED BUSINESSES

§ 5.40.010. Findings.
§ 5.40.020. Intent.
§ 5.40.030. Definitions.
§ 5.40.040. Permit
prerequisite—Application
process.
§ 5.40.050. Permit

approval—Standards.
§ 5.40.060. Permit
requirements—Generally.
§ 5.40.070. Permit
requirements—Motion
picture arcades.
§ 5.40.080. Permit requirements—Live
entertainment.
§ 5.40.090. Permit
requirements—Effect of
noncompliance.
§ 5.40.100. Permit duration.
§ 5.40.110. Permit renewal.
§ 5.40.120. Permit transferability.
§ 5.40.130. Permit revocation.
§ 5.40.140. Permit revocation
procedure.
§ 5.40.150. Existing sex-oriented
businesses.
§ 5.40.160. Violations—Misdemeanor/
injunction.

Chapter 5.44

SURFACE MINING OPERATIONS

§ 5.44.010. Findings.
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§ 5.44.020. Exemptions.
§ 5.44.030. Permit required.
§ 5.44.040. Permit application.
§ 5.44.050. Mining plan—Contents.
§ 5.44.060. Reclamation—Contents.
§ 5.44.070. Public

hearing—Decision—Appeals.
§ 5.44.080. Permit conditions.
§ 5.44.090. Financial assurances
required.
§ 5.48.110. Application for a taxicab
driver's permit.
§ 5.48.120. Grounds for denial or
revocation of taxicab
driver's permit.
§ 5.48.130. Issuance of taxicab driver's
permit.
§ 5.48.140. Appeal procedures.
§ 5.48.150. Revocation of permit.
§ 5.48.160. Enforcement by Chief of
§ 5.44.100. Violation—Notification—Penalty. Police.
§ 5.44.110. Time limit.
§ 5.44.120. Vested rights.
§ 5.44.130. Modification to approved
permit or plan.
§ 5.44.140. Idle mining
operation—Interim
management plan
application requirements.
§ 5.44.150. Transfer of ownership.
§ 5.44.160. Violation—Penalty.

Chapter 5.48

TAXICABS AND NONEMERGENCY

MEDICAL VAN SERVICES

§ 5.48.010. Purpose.
§ 5.48.020. Definitions.
§ 5.48.030. Permit required for taxicab
service.
§ 5.48.040. Application for taxicab
service permit.
§ 5.48.050. Vehicle inspection and
certification by licensed
mechanic.
§ 5.48.060. Vehicle service and
maintenance records.
§ 5.48.070. Issuance of taxicab service
permit.
§ 5.48.080. Grounds for denial or
revocation of taxicab service
permit.
§ 5.48.090. Permit

fees—Transferability.
§ 5.48.100. Taxicab driver's permit.
§ 5.48.170. Exemptions.
§ 5.48.180. Time for compliance by
existing taxicab services and
taxicab drivers.
§ 5.48.190. Violation—Penalty.

Chapter 5.52

WEIGHING AND MEASURING

DEVICES

Article I
Weights and Measures Registration

§ 5.52.010. Title.
§ 5.52.020. Purpose and authority.
§ 5.52.030. Definitions.
§ 5.52.040. Registration certificate
required.
§ 5.52.050. Application and issuance of
certificate.
§ 5.52.060. Term of certificate.
§ 5.52.070. Registration certificate fees.
§ 5.52.080. Nonpayment of
fees—Penalty.
§ 5.52.090. Qualified certificate holders.
§ 5.52.100. Lost certificate.
§ 5.52.110. Transferability of certificate.
§ 5.52.120. Violations—Penalties.

Article II
Inspection and Testing

§ 5.52.130. Title.
§ 5.52.140. Purpose and authority.
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§ 5.52.150. Definitions.
§ 5.52.160. Fees.
§ 5.52.170. Fees for noncommercial
devices.
§ 5.52.180. Fees for commercial devices
when requested by owner/
user.
§ 5.52.190. Payment of fees and
penalties.

Chapter 5.56

ALCOHOLIC BEVERAGES

§ 5.56.010. Sale or furnishing of
alcoholic beverages at
clothing optional resorts,
campgrounds and facilities.

Chapter 5.60

CONSUMER PROTECTION BUSINESS
PERMIT

§ 5.60.010. Title.
§ 5.60.020. Purpose and authority.
§ 5.60.030. Definitions.
§ 5.60.040. Permit required.
§ 5.60.050. Permit term.
§ 5.60.060. Permit not transferable.
§ 5.60.070. Permit fees.
§ 5.60.080. Lost permit.
§ 5.60.090. Violations—Penalties.

Chapter 5.64

LICENSURE OF TOBACCO

RETAILERS

§ 5.64.010. Purpose and intent.
§ 5.64.020. Definitions.
§ 5.64.030. Tobacco license
prerequisite—Application
process.
§ 5.64.040. License
issuance—Standards.
§ 5.64.050. Licenses nontransferable.
§ 5.64.060. Fees for license.
§ 5.64.070. Other requirements and
prohibitions.
§ 5.64.080. License violation.
§ 5.64.090. Revocation of license.
§ 5.64.100. Enforcement.

Chapter 5.68

BUSINESS REGISTRATION AND

LICENSING PROGRAM

§ 5.68.010. Statement of purpose and
intent.
§ 5.68.020. Definitions.
§ 5.68.030. Business registration and
license required.
§ 5.68.040. Exemption.
§ 5.68.050. Evidence of doing business.
§ 5.68.060. Application and issuance of
business registrationlicense.
§ 5.68.070. Renewal of business
registrationlicense.
§ 5.68.080. Nontransferable—Change
of location or ownership,
name of business.
§ 5.68.090. Duplicate registrationlicense.
§ 5.68.100. Business registration fees.
§ 5.68.110. Contents of business
registrationlicense—Display required.
§ 5.68.120. License iInspectors.
§ 5.68.130. Water quality inspections
and
enforcement—Additional
license fees.
§ 5.68.140. False statements.
§ 5.68.150. Unlawful business.
§ 5.68.160. Violation—Penalty.

Chapter 5.72

ROADSIDE VENDING

§ 5.72.010. Purpose, intent, and
findings.
§ 5.72.020. Definitions.
§ 5.72.030. Prohibition.
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§ 5.72.040. Roadside vending from § 5.76.080. Changes and modifications lawfully parked vehicle on of local licenses.
residential streets. § 5.76.090. Renewal of local license. § 5.72.050. Compliance with other
applicable law.
§ 5.76.100. Appeal of decision on local
license.
§ 5.72.060. Enforcement. § 5.76.110. Cannabis business
§ 5.72.070. Severability. operational requirements.
§ 5.72.080. Public nuisance declaratio n. § 5.76.120. Retailer operational § 5.72.090. Incorporation by reference. requirements.
§ 5.76.130. Manufacturing site
Chapter 5.76

COMMERCIAL CANNABIS LICENSING

§ 5.76.010. Purpose and Intent.
§ 5.76.020. Relationship to other laws.
§ 5.76.030. Definitions.
§ 5.76.040. Local license in addition to
operational requirements.
§ 5.76.140. Cultivation operational
requirements.
§ 5.76.150. Distribution operational
requirements.
§ 5.76.160. Testing laboratory operation
requirements.
business license or other
permit.
§ 5.76.170.
§ 5.76.180.

Packaging and labeling.

Visitor requirements.
§ 5.76.050.
§ 5.76.060.

Local license required.

Local license application
process.
§ 5.76.190.

§ 5.76.200.

Limitations on City's
liability.

Inspections.
§ 5.76.070. Conditions of approval,
administrative rules.
§ 5.76.210. Enforcement—Suspension
and revocation of license.
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§ 5.04.010 BUSINESS REGISTRATIONLICENSES AND REGULATIONS § 5.04.040

CHAPTER 5.04
BINGO

§ 5.04.010. Definitions.

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 whic h 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. "Consumer Price Index" means the California C onsumer Price Index for all Urban Consumers published by the Department of Industrial Relations.
"Minor" is any person under the age of 18 years.
"Qualified organization" is a mobilehome park asso ciation, a senior citizens organization, or an organization exempted from the payment of the bank and corporation tax by Sections 23701(a), 23701(b), 23701(d), 23701(e), 2370 1(f),23701(g) and 23701(l) of the Revenue and Taxation Code.
(Ord. 18 § 2, 2008, RCC § 5.04.010; Ord. 233 § 1, 2023; Ord. 246, 12/11/2024)

§ 5.04.020. Authority.

The authority for this chapter is contained in Section 19 of Article IV of the California Constitution and Section 326.5 of the Penal Code.
(Ord. 18 § 2, 2008, RCC § 5.04.020)

§ 5.04.030. License required.

A. It is unlawful for any organization to c onduct any bingo games in the City unless such organization is a qualified organization and h as been issued a license as provided in this chapter.

B. It is unlawful for any person to conduct any bi ngo games in the City unless such person is a member of a qualified organization acting on behalf of such qualified organization that has been issued a license as provided by this chapter.
(Ord. 18 § 2, 2008, RCC § 5.04.030)

§ 5.04.040. Application for license.

Applications for a license or renewal thereof sh all be filed with the City Clerk and approved by the City Manager on forms prescribed by the City Manager and shall be signed under penalty of perjury. Such applications shall be filed:

A. Not less than 30 days prior to the proposed date of the bingo game or games; 493
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B. Not later than 30 days after obtaining writte n verification from the Planning Department that there is improved vehicular access to th e premises wherein a bingo game is to be conducted and that such premises contain off-s treet vehicle parking facilities on the basis of not less than one parking space for each two seats; one seat is defined as an area of seven and one-half square feet; and
C. Not later than 30 days after obtaining writte n verification from the Building and Safety Department that the operation of such game or games is in compliance with Title 15 and Chapter 8.28.
(Ord. 18 § 2, 2008, RCC § 5.04.040; Ord. 233 § 1, 2023)

§ 5.04.050. Term of license and fees.

A. The term of a bingo license is 12 months and may be renewed for a period of 12 months any time with-in one year from its date of issuance, upon application therefor.

B. The fee for an initial bingo license shall be $50.00 and shall accompany the filing of the application. A license may be renewed upon the payment of a renewal fee of $50.00 which has been paid at least 30 days prior to the e xpiration of the term of the current license and provided the applicant is in good standing under the current license. When the renewal fee is not paid at least 30 days prior to expirati on of the current license, an additional late fee of $25.00 shall be paid.
(Ord. 18 § 2, 2008, RCC § 5.04.050; Ord. 233 § 1, 2023)

§ 5.04.060. Application investigation.

A. Upon receipt of an application for a license, along with the appropriate fee, the City Manager shall investigate the truth of the ma tters set forth in the application and the character of the applicant and may examine the premises to be used for the bingo game or games.

B. The City Manager may make inquiries to any o ffice or department of the City, and to any County, State of California, and federal ag encies which the City Manager deems essential in order to carry out a proper investigation of applicant and the organization.

C. Upon approval of any application for a bingo license, the City Manager shall issue the license.
(Ord. 18 § 2, 2008, RCC § 5.04.060; Ord. 233 § 1, 2023)

§ 5.04.070. License not transferable.

Each license issued hereunder shall be issued to a specified qualified organization to conduct a bingo game at a specific location and shall in no event be transferable from one organization to another nor from one location to another.
(Ord. 18 § 2, 2008, RCC § 5.04.070)

§ 5.04.080. Limitations.

A. A qualified organization shall conduct a bing o 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 th e performance of the purposes for which the organization is organized. Nothing in this subsection shall be construed to require that the 494
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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 in corporated 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 wr itten 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 fina ncial interest in the conduct of such bingo game.

G. With respect to organizations exempt from payment of the bank a nd 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 resp ect 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 shall be distributed to organizations that are tax exempt under Section23701(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, whiche ver 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 $3,000.00 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 ot her 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 495
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at any reasonable time, and the licensee sha ll 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 th e conduct of any bingo games shall not exceed $500.00 in cash or kind, or both, for each separate game which is held. (Ord. 18 § 2, 2008, RCC § 5.04.080; Ord. 233 § 1, 2023; Ord. 246, 12/11/2024)

§ 5.04.090. Inspection.

Any peace officer of the City shall have free access to any bingo game licensed under this chapter.

The licensee shall have the bingo license, lis ts of approved staff and accounting documents relating to all monies collected, disbursed and di stributed available to such peace officer for inspection at all times during any bingo game or during licensee's normal business hours. (Ord. 18 § 2, 2008, RCC § 5.04.090)

§ 5.04.100. Denial of application, license suspension or revocation.

A. An application for a bingo license may be denied for any of the following findings:

1. That the applicant does not fulfill the specific requirements for such license as set forth in this chapter;

2. That the applicant, or any agent or repr esentative thereof, has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;

3. That the applicant, or any of its member s, is not of good moral character. If the applicant has, or any of its members have, been convicted of any felony under the laws of this state or has been previously convicted of an offense under the laws of any other state of the United States which offense if committed in this state would have been punishable as a felony, it shall be presumed that the applicant is not of good moral character; or

4. That the applicant is unfit to conduct bingo games.

B. A bingo license may be suspended or revoked for any of the following findings:

1. That the licensee has, or any of its members have, violated any of the provisions of this chapter; or

2. That the bingo games will not comport with the public welfare for any reason or that the same have been conducted in an illegal , improper or disorderly manner, or in a manner substantially different from that described in the application, or for any reason for which the license application could have been denied. 496
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C. If, after an investigation, the City Manager determines that a bingo license should be suspended or revoked or that an application for such license be denied, they shall prepare a notice of suspension or revocation or denial of application setting forth the reasons for such suspension, revocation or denial. Such noti ce shall be served personally on the licensee or applicant, or sent by registered or certified ma il, postage prepaid, return receipt requested to the licensee's or applicant's last address as provided in the application.

D. Any organization whose bingo license has been denied or revoked may not apply for a license to conduct any bingo games for a period of one year from the date notice of such denial or revocation was served on it, or if affirmed on appeal by the City Council as provided in Section 5.04.110, from the date of such affirmation; provided, however, if the reason for revocation is cancellation of the exemption granted under Sections 23701(a), 23701(b), 23701(d), 23701(e), 23701(f), 23701(g) and 23701(l) of the Revenue and Taxation Code, such organization may again apply for a bingo license upon proof of reinstatement of such exemption.
(Ord. 18 § 2, 2008, RCC § 5.04.100; Ord. 233 § 1, 2023)

§ 5.04.110. Appeal.

A. Any person who has had an application for a bingo license denied by the City Manager, or who has had a bingo license suspended or revo ked by the City Manager may appeal the decision by filing with the City Clerk, within 15 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper. The Clerk shall gi ve written notice of the time and place of the hearing to the appellant.

B. Such appeal shall be heard by the City C ouncil which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. (Ord. 18 § 2, 2008, RCC § 5.04.110; Ord. 233 § 1, 2023)

§ 5.04.120. Violation—Penalties.

A. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misd emeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.

B. Notwithstanding provisions of subsection A of this section, any violation of Section

5.04.080(E) shall be a misdemeanor, punishable by a fine not to exceed $10,000.00. Such fine shall be deposited in the general fund of the City.

C. All sanctions provided in this chapter shall be cumulative and not exclusive. (Ord. 18 § 2, 2008, RCC § 5.04.120)

§ 5.04.130. Other remedies.

The provisions of Section 5.04.120 are to be construed as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 18 § 2, 2008, RCC § 5.04.130)
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CHAPTER 5.08

CABLE, VIDEO AND TELECOMMUNICATIONS SERVICE PROVIDERS

Article I
General Provisions

§ 5.08.010. Title.

This chapter is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Wildomar.
(Ord. 18 § 2, 2008, RCC § 5.08.010)

§ 5.08.020. Purpose and intent.

A. The City Council finds and determines as follows:

1. The development of cable, video, and te lecommunications services and systems may provide significant benefits for, and have substantial impacts upon, the residents of the City.

2. Because of the complex and rapidly changing technology associated with cable, video, and telecommunications services and system s, the public convenience, safety, and general welfare is best served by the City's exercise of its regulatory powers.

3. This chapter adopts provisions that authorize the City to regulate cable, video, and telecommunications service providers to the extent authorized by federal and state law, including, but not limited to, the Federal Cable Communications Policy Act of 1984, the Federal Cable Television Consum er Protection and Competition Act of 1992, the Federal Telecommunications Act of 1996, applicable regulations of the Federal Communications Commission, a nd applicable California statutes and regulations.

4. The cable, video, and telecommunications ser vices that are addressed in this chapter include services provided by cable television systems, open video systems, master antenna television systems, satellite mast er antenna television systems, direct broadcast satellite systems, multichannel multipoint distribution systems, local multipoint distribution systems, and other providers of video programming, whatever their technology.

B. The purpose and intent of this chapter is to provide for the attainment of the following objectives:

1. To enable the City to discharge its public trust in a manner consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development;

2. To authorize and to manage reasonable acce ss to the City's public rights-of-way and public property for cable, video, and telecommunications purposes on a competitively neutral and nondiscriminatory basis, and in a manner consistent with all applicable federal and state statutes and regulations;

3. To obtain fair and reasonable compensation for the City and its residents for 498
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authorizing the private use of the public rights-of-way and public property;

4. To promote competition in cable, video, and telecommunications services, minimize unnecessary local regulation of cable, video, and telecommunications service providers, and encourage the delivery of a dvanced and competitive cable, video, and telecommunications services on the broadest possible basis to local government and to the businesses, institutions, and residents of the City;

5. To establish new guidelines, standards, a nd time frames for the exercise of local authority with respect to the regulation of cable, video, and telecommunications service providers, which regulation will be implemented in a fair and equitable manner that preserves the rights of existing providers that have served City residents over a period of many years;

6. To encourage the deployment of advan ced cable, video, and telecommunications infrastructure that satisfies local needs, delivers enhan ced government services, and provides informed consumer choices in an evolving cable, video, and telecommunications marketplace;

7. To maintain and to enhance public, edu cational, and governmental programming opportunities that will enable the City to communicate with its residents and to provide them with alternate means of disseminating information. (Ord. 18 § 2, 2008, RCC § 5.08.020)

§ 5.08.030. Defined terms and phrases.

Various terms and phrases used in this chapter are defined in Section 5.08.180 of this chapter. (Ord. 18 § 2, 2008, RCC § 5.08.030)

§ 5.08.040. Suspension and waiver of application fee deposits.

A. With regard to any application fee deposit for an initial franchise, or for the renewal of a franchise, or for the transfer or change in control of a franchise that is authorized by this chapter, the City Clerk or designee may susp end or waive that application fee deposit in accordance with this section.

B. The City Clerk or designee, in consultation with the City Attorney, may, upon good cause shown by an applicant or a franchisee, waive or suspend the imposition of an application fee deposit.
(Ord. 18 § 2, 2008, RCC § 5.08.040)
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Article II
Cable Television Systems

§ 5.08.050. Authority and findings.

A. In accordance with applicable federal and st ate law, the City is authorized to grant nonexclusive franchises to cons truct, reconstruct, operate, and maintain cable television systems within the City.

B. The City Council finds that the devel opment of cable television and related telecommunications services may provide signifi cant benefits for, and substantial impacts upon, the residents of the City. Because of the complex and rapidly changing technology associated with cable television, the City Council further finds that the public convenience, safety, and general welfare can best be ser ved by the exercise of the City's regulatory powers. This article is intended to specify th e means for providing to the public the best possible cable television services, and every franchise issued in accordance with this article is intended to achieve this primary objective. It is the further intent of this article to establish regulatory provisions that will enable the City to regulate cable television services to the maximum extent authorized by federal and state law.
(Ord. 18 § 2, 2008, RCC § 5.08.050)

§ 5.08.060. Franchise terms and conditions.

A. Franchise Purposes. A franchise granted by the City under the provisions of this article may authorize the grantee to do the following:

1. To engage in the business of providing cable television services that are authorized by law and that the grantee elects to provide to its subscribers within the designated franchise service area;

2. To erect, install, construct, repair, rebuild , reconstruct, replace, maintain, and retain, cable lines, related electronic equipment, supporting structures, appurtenances, and other property in connection with the operation of the cable system in, on, over, under, upon, along and across streets and public rights-of-way within the designated franchise service area, in accordance with all applicable ordinances and regulations;

3. To maintain and operate the franchise pr operties for the origination, reception, transmission, amplification, and distributi on of television and radio signals, and for the delivery of cable services that are authorized by law.

B. Franchise Required. It is unlawful for any pers on to construct, install, or operate a cable television system within any street or public way in the City without first obtaining a franchise under the provisions of this article ; provided, however, that any cable operator authorized to provide cable service under a nonexclusive license previously issued pursuant to Riverside County Ordinance 503.10 may continue to exercise that authority until expiration or termination of that nonexclusive license, but nothing will preclude a licensed cable operator from surrendering that nonexclu sive license at any time in exchange for a cable television franchise issued in accordance with and subject to this chapter.

C. Term of the Franchise.

1. A franchise granted under this article will be for the term specified in the franchise 500
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agreement, not to exceed 15 years, commencing upon the effective date of approval by the City Council.

2. A franchise granted under this article may be renewed upon application by the grantee in accordance with the then-app licable provisions of state and federal law and this article.

D. Franchise Service Area. A franchise is effective within that geographic area of the City in which the grantee is authorized to construct, install, or operate a cable television system, which geographic area is specifically designated in a franchise agreement with the City.

E. Federal or State Jurisdiction. This article will be construed in a manner consistent with all applicable federal and state laws, and it appli es to all franchises granted after the effective date of the ordinance codified in this chapter, to the extent authorized by applicable law.

F. Franchise Nontransferable.

1. Grantee may not sell, transfer, lease, assign, sublet, or dispose of, in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation, or otherwise, the franchise or any of the rights or privileges therein granted, without the prior written consent of the City Council, which consent may not be unreasonably denied or delayed. Any attempt to sell, transfer, lease, assign, or otherwise dispose of the franchise without the written consent of the City Council is null and void. The granting of a security interest in any assets of the grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this subsection.

2. The requirements of subsection (F)(1) of this section apply to any change in control of grantee. The word "control" as used herein is not limited to the ownership of major stockholder or partnership interests, but includes actual working control in whatever manner exercised. If grantee is a partnership or a corporation, prior authorization of the City Council is required where ownership or control of 25% or more of the partnership interests or of the voting stock of grantee, or any company in the tier of companies controlling the grantee, whether directly or indirectly, is acquired by a person or a group of persons acting in c oncert, none of whom, individually or collectively, owns or controls those partne rship interests or that voting stock of the grantee, or grantee's upper tier of controlling companies, as of the effective date of the franchise.

3. Unless precluded by federal law, grantee must give prior written notice to the City of any proposed foreclosure or judicial sale of all or a substantial part of the grantee's franchise property. That notification will be considered by the City as notice that a change in control of ownership of the franchise will take place, and the provisions of this subsection that require the prior written consent of the City Council to that change in control of ownership will apply.

4. For the purpose of determining whether it will consent to an acquisition, transfer, or change in control, the City may inquire a bout the qualifications of the prospective transferee or controlling party, and grantee mu st assist the City in that inquiry. In seeking the City's consent to any change of ownership or control, grantee or the proposed transferee, or both, must complete Federal Communications Commission Form 394 or its equivalent. This application must be s ubmitted to the City not less than 120 days prior to the proposed date of transfer. The transferee must establish that 501
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it possesses the legal, financial, and techni cal capability to remedy all then-existing defaults and deficiencies, and, during the re maining term of the franchise, to operate and maintain the cable system and to comp ly with all franchise requirements. If the legal, financial, and technical qualifications of the proposed transferee are determined to be satisfactory, then the City will consent to the transfer of the franchise.

5. Any financial institution holding a pledge of grantee's assets to secure the advance of money for the construction or operation of the franchise property has the right to notify the City that it, or a designee satisfactory to the City, will take control of and operate the cable television system upon grantee's default in its financial obligations. Further, that financial institution must also submit a plan for such operation within 90 days after assuming control. The plan must insure continued service and compliance with all franchise requirements during the period that the financial institution will exercise control over the system. The financial in stitution may not exercise control over the system for a period exceeding one year unless authorized by the City, in its sole discretion, and during that period it will have the right to petition the City to transfer the franchise to another grantee.

6. Unless prohibited by applicable law, grant ee must reimburse the City for the City's reasonable review and processing expenses in curred in connection with any transfer or change in control of the franchise. These expenses may include, without limitation, costs of administrative review, financial, legal, and technical evaluation of the proposed transferee, consultants (including technical and legal experts and all costs incurred by these experts), notice and publication costs, and document preparation expenses. The total amount of these reim bursable expenses may be subject to maximum limits that are specified in th e franchise agreement between the City and grantee. No reimbursement may be offset against any franchise fee payable to the City during the term of the franchise.

G. Geographical Coverage.

1. Unless otherwise provided in the franchise agreement, grantee must design, construct, and maintain the cable television system to have the capability to pass every dwelling unit and commercial building in the franchise service area, subject to any service-area line extension requirements or territorial restrictions set forth in the franchise agreement.

2. After service has been established by activating trunk or distribution cables for any service area, grantee must provide standard installations to any requesting subscriber within that activated part of the service area within seven days from the date of request, or such longer time as may be requested by the subscriber, provided that the grantee is able to secure on reasonable terms a nd conditions all rights-of-way and permits necessary to extend service to that subscriber within that period. Standard installations are defined as installations that are located up to 150 feet from the existing distribution system and do not require trenching to serve.

H. Nonexclusive Franchise. Every franchise gran ted is nonexclusive. The City specifically reserves the right to grant, at any time, su ch additional franchises for a cable television system that it deems appropriate, subject to applicable state and federal law. If an additional franchise within a designated franchise service area that is then served by an incumbent cable operator is proposed to be granted to a subsequent grantee, a noticed public hearing 502
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must first be held if required by the provisions of Government Code Section 53066.3.

I. Multiple Franchises.

1. The City may grant any number of franchises, subject to applicable state and federal law. The City may limit the number of franchises granted, based upon, but not necessarily limited to, the requirements of applicable law and the following specific local considerations:
a. The capacity of the public rights-of-w ay to accommodate multiple cables in addition to the cables, conduits, and pipes of the existing utility systems, such as electrical power, telephone, gas, and sewerage;
b. The benefits that may accrue to subscribers as a result of cable system competition, such as lower rates and improved service;
c. The disadvantages that may result from cab le system competition, such as the requirement for multiple pedestals on residents' property, and the disruption arising from numerous excavations within the public rights-of-way.

2. The City may require that any new grant ee be responsible for its own underground trenching and the associated costs if, in th e City's opinion, the rights-of-way in any particular area cannot reasonably accommodate additional cables. (Ord. 18 § 2, 2008, RCC § 5.08.060)

§ 5.08.070. Franchise applications and renewal.

A. Filing of Applications. Any person desiring an initial franchise for a cable television system must file an application with the City. An application fee deposit in an amount of $15,000.00 must accompany the application. Th at application fee deposit will be in an amount that is estimated to cover all antic ipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of th e applicant, consultants (including technical and legal experts and all costs reasonably incurred by those experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the remaining balance will be refunded to the applicant.

B. Applications—Contents. An application for an initial franchise for a cable television system must contain, as applicable:

1. A detailed plan that describes the proposed franchise service area and an explanation whether this proposed service area is, or will be, part of a larger regional cluster of franchise service areas;

2. A resume of the applicant's prior history, including the appli cant's experience and expertise in the cable television industry;

3. A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned or controlle d by each stockholder, if a closely held corporation. If the applicant is a publicly owned partnership or corporation, each owner of 10% or more of the partnership interests, or of the issued and outstanding 503
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capital stock, must be identified. If the a pplicant is a limited liability company, the following information must be provided: the address of its principal executive office; the name and business or residence address of each member and of each holder of an economic interest in the limited liability company, together with the contribution and the share in profits and losses of each member and holder of an economic interest; the name and business or residence address of any manager or managers and the chief executive officer, if any, appointed or el ected in accordance wi th the articles of organization or operating agreement;

4. A list of officers, directors, and mana ging employees of the applicant, and a description of the background and qualifications of each such person;

5. A statement specifying the number of people employed by the applicant, whether on a full-time or part-time basis;

6. The names and addresses of any parent or subs idiary of the applicant, or any other business entity owning or controlling applicant in whole or in part, or that is owned or controlled in whole or in part by the applicant;

7. Financial statements prepared in acco rdance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City,
b. Comply with the City's public, edu cational, and governmental access requirements,
c. Comply with the City's requirement that franchise fees be paid on the applicant's gross revenues derived from the operation of the cable system to provide cable services;

8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease;

9. A description of the cable services and any ot her services that will be offered by the applicant using existing or proposed facilities;

10. The proposed construction and service schedule, the proposed rate structure for cable services, and the proposed commitment to provide public, educational, and governmental access capacity, services, facilities, and equipment;

11. Any additional information that the City deems to be reasonably necessary to evaluate the applicant's qualifications.

C. Franchise Approval. A public hearing will be noticed prior to any initial franchise grant, at a time and date approved by the City Council. Within 30 days after the close of the hearing, the City Council will make a decision, b ased upon the documents and testimony received at the hearing, whether the franchise should be granted, and, if granted, subject to what conditions. The City Council may grant one or more franchises, or may decline to grant any franchise.

D. Franchise Renewal. Franchise renewals w ill be processed in a ccordance with then- 504
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applicable law and with the renewal terms, if any, of the franchise agreement. The City and grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the franchise. Unless prohibited by applicable law, a renewal application fee deposit in an amount of $10,000.00 must accompany the re newal application or the renewal request.

That renewal application fee deposit will be in an amount that is estimated to cover all anticipated costs associated with reviewing and processing the renewal application, including the review of grantee's prior compliance with the franchise, the ascertainment of the community's cable-related needs and interest s, the engagement of technical and legal consultants, and expenses related to negotiations and document preparation. If actual costs exceed the renewal application fee deposit, gr antee must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the renewal application fee deposit, the remaining balance will be refunded to grantee. No renewal application fee may be o ffset against any franchise fee payable to the City during the term of the franchise. The renewal of a cable television franchise agreement is subject to approval by the City Council.
(Ord. 18 § 2, 2008, RCC § 5.08.070)

§ 5.08.080. Contents of cable television franchise agreements.

A. The provisions of a franchise agreement for the operation of a cable television system may relate to or include, without limitation, the following subject matters:

1. The geographical area, duration, and nonexclusive nature of the franchise;

2. The applicable franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment;

3. Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the cable television system;

4. Requirements relating to the construction, upgr ade, or rebuild of the cable television system, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices;

5. Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of grantee's obligations under the franchise agreement;

6. Requirements relating to comprehensive lia bility insurance, workers' compensation insurance, and indemnification;

7. Requirements relating to consumer protection and customer service standards, which requirements may include, without limitation, compliance with the statutes, rules and regulations set forth below in Section 5.08.100 of this chapter;

8. Requirements relating to the grantee's suppor t of local cable usage, including the provision of public, educational, and govern mental access channels, the coverage of public meetings and special events, a nd financial support for the required access channel facilities and activities that is consistent with Section 5.08.090 of this chapter;

9. Requirements relating to the grantee's obliga tion to provide an institutional network, and channel capacity on that institutional network for educational or governmental 505
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use, subject to the City's rules and procedures for the use of such channel capacity and for compatibility with any telecommunicati ons network that has been or may be developed by the City;

10. Requirements relating to c onstruction, operation, and maintenance of the cable television system within the City's streets and public rights-of-way, including compliance with all applicable building codes and permit requirements of the City, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards;

11. Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, performance reviews, the inspec tion of grantee's books and records, and reimbursement for technical audits a nd franchise fee audits under specified circumstances;

12. Acts or omissions constituting material br eaches of or defaults under the franchise agreement, and the applicable penalties or remedies for such breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation, and termination;

13. Requirements relating to the sale, assignment, or other transfer or change in control of the franchise;

14. Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the cable system;

15. Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the franchise agreement and that will, in the judgment of City staff and the City Council, best serv e the public interest and protect the public health, welfare, and safety.

B. If there is any conflict or inconsistency be tween the provisions of a franchise agreement authorized by the City Council and provisions of this article, the provisions of the franchise agreement will control.
(Ord. 18 § 2, 2008, RCC § 5.08.080)

§ 5.08.090. Fee for support of local cable usage.

A fee paid to the City is established for the support of public, educational, and governmental access facilities and activities within the City. Unless a higher percentage is authorized by applicable state or federal law, this fee shall not exceed one percent of a grantee's gross revenues, as the term "gross revenues" is defined in the gr antee's franchise agreement or in applicable provisions of state or federal law.
(Ord. 18 § 2, 2008, RCC § 5.08.090)

§ 5.08.100. Consumer protection and service standards.

A. Operational Standards.

1. Grantee must maintain the necessary facilities, equipment, and personnel to comply with the following consumer protection and service standards under normal operating conditions:
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a. Sufficient toll-free telephone line capacity during normal business hours to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, may not exceed 30 seconds when the connection is made. If the call n eeds to be transferred, transfer time must not exceed 30 seconds;
b. A caller must receive a busy signal less than three percent of the time, measured quarterly;
c. Emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day; d. A conveniently located local business and service or payment office open during normal business hours at least eight hours da ily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints;
e. An emergency system maintenance and re pair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis; f. A trained installation staff must provide service to any subscriber requiring a standard installation within seven days af ter receipt of a request, or such longer time as may be requested by the subscriber, in all areas where trunk and feeder cable have been activated;
g. Grantee must schedule, within a specified four-hour time period, Monday through Saturday (legal holidays exclude d), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. Grantee may schedule installa tion and service calls outside of normal business hours for the convenience of the subscriber. Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for th e subscriber. Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work;
h. Subscribers who have experienced a late or a missed appointment due to the fault of grantee will receive either a free installation or a $20.00 credit; i. Upon a subscriber's request, grantee will arrange for pickup or replacement of converters or other equipment provided by the grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited.

2. Under normal operating conditions, the standards of subsections (A)(1)(a), (c), (f) and (g) of this section must be met not less than 90% of the time, measured on a quarterly 507
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basis.

B. Service Standards.

1. Grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time po ssible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24-hour prior notice mu st be given to the City), 48-hour prior notice must be given to subscribers.

2. Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames:
a. For a system outage: Within two hours, including weekends, after receiving subscriber calls or requests for service that by number identify a system outage of sound or picture on one or more channe ls, affecting five or more subscribers to the system;
b. For an isolated outage: Within 24 hours , including weekends, after receiving requests for service identifying an isolated outage of sound or picture on one or more channels;
c. For inferior signal quality: No later th an the following business day, excluding Sundays and holidays, after a request for service identifying a problem concerning picture or sound quality.

3. Grantee will be deemed to have responded to a request for service under the provisions of this subsection B when a technician arrives at the service location and begins work on the problem if the problem cannot be corrected remotely. If a subscriber is not home when the technician arrives, the tec hnician must leave written notification of arrival.

4. Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by grantee to subscrib ers, unless the defect or malfunction was caused by the subscriber.

5. Grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible.

C. Billing and Information Standards.

1. Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optional charges, rebates, and credits.

2. The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to grantee, including the failure to timely or correctly bill the subscriber. 508
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3. In case of a billing dispute, grantee must respond in writing to a written complaint from a subscriber within 30 days after recei ving the complaint at the office specified on the billing statement for receiving that complaint.

4. Upon request by a subscriber, credits or refunds must be provided by grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where grantee has provided advance written notice to subscriber, and the loss of service does not exceed the time period specified by grantee. For subscribers terminating service, credits or refunds must be issued promptly, but no later than 30 days after the return of any grantee-supplied equipment.

5. Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request:
a. Products and services offered;
b. Prices and options for programming services and conditions of subscription to programming and other services;
c. Installation and service maintenance policies;
d. Instructions on the use of the cable service;
e. Channel positions of programming carried on the system; f. Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable-related issues; g. Consumer protection and service standards and penalties for noncompliance.

6. Subscribers must be notified in writing of any changes in rates, programming services, or channel positions as soon as possible. Notice must be given to subscribers a minimum of 30 days in advance of those ch anges if the change is within grantee's control. In addition, grantee will endeavor to notify the City of those changes at least five working days before subscribers are notified.

7. Grantee must maintain a public file containing all written notices provided to subscribers under these consumer protecti on and service standards and all published promotional offers made by grantee to subscribers. These documents must be maintained for a minimum period of two years.

D. Verification of Compliance with Standards.

1. Upon 30 days' prior written notice by the City , grantee shall provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. Grantee must provide sufficie nt documentation to enable the City to verify compliance.

2. A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. 509
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E. Subscriber Complaints and Disputes.

1. Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber ma y submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. Grantee must file a copy of these procedures with the City. These procedures must include a requirement consistent with subsection (C)(3) of this section.

2. Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review grantee's response to subscriber complaints.

3. All subscribers have the right to continue receiving service so long as their financial and other obligations to grantee are honored . If grantee elects to rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the franchise, grantee must act to ensure that all subscribers receive service while the franchise remains in force.

4. Upon a change of control of grantee, or if a new operator acquires the cable system, the original grantee must cooperate with the City, the new grantee, or the new operator in maintaining continuity of service to a ll subscribers. During that transition period, grantee is entitled to the revenues derived from its operation of the cable system.

F. Disconnection and Downgrades.

1. A subscriber may terminate or downgrade service at any time, and grantee must promptly comply with the subscriber's requ est within seven days or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination of all services unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by grantee. Grantee may, in acco rdance with applicable law, charge a fee to downgrade service if a service call is required.

2. Grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k) of Section 53088.2 of the Ca lifornia Government Code. If service is disconnected for nonpayment of past due f ees or charges, grantee must promptly reinstate service upon payment in full by the s ubscriber of all such fees and charges, including late charges.

3. Notwithstanding the requirements of subsection (F)(2) of this section, grantee may immediately disconnect service to a subscr iber if the subscriber is damaging or destroying grantee's cable system or equipment.

4. Grantee may also disconnect service to a subscriber when service causes signal leakage exceeding federal limits. If service is disconnected, grantee will immediately resume service without charge upon the satisfactory correction of the signal leakage problem if the signal leakage problem is attributable to grantee.

5. Grantee may also disconnect service in cases where customers are stealing service or have threatened grantee's personnel with physical violence. 510
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6. Upon termination of service to a subscriber, the grantee will endeavor to remove its equipment from the subscriber's premises within 30 days.

G. Negative Option Billing Prohibited. No charge may be imposed for any service or equipment that the subscriber has not affi rmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection.

H. Deposits. Grantee may require a reasonabl e, nondiscriminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to grantee.

I. Parental Control Option. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pa y channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber.

J. Additional Requirements.

1. All officers, agents, and employees of grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo-identification card.

Grantee must account for all identification car ds at all times. All vehicles of grantee or its subcontractors must be clearly id entified as vehicles engaged in providing services for grantee.

2. In addition to the consumer protection and service standards specified in this section, grantee must comply with all applicable consumer protection and service standards that are imposed upon cable operators by the following:
a. Federal statutes, and the rules, regul ations, and orders of the Federal Communications Commission, including the following:
i. The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations, as it now exists or may la ter be amended, which relate to compatibility with consumer electronics equipment,
ii. The provisions of Section 551 of Title 47, United States Code, as it now exists or may later be amended, which relate to the protection of subscriber privacy;
b. The provisions of California Government Code Sections 53054, et seq., titled the "Cable Television and Video Provider Customer Service and Information Act"; c. The provisions of California Government Code Sections 53088, et seq., titled the "Video Customer Service Act";
d. The provisions of California Civil Code Sections 1722(b)(1) through(6), which relate to service or repair transactions between cable television companies and their subscribers;
e. The provisions of California Penal C ode Section 637.5, which relate to 511
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subscribers' rights to privacy protection.

3. If there is any conflict or inconsistency between a consumer protection and service standard specified in this section, and a standard set forth in the statutes, rules, regulations, and orders that are referenced in subsection (J)(2) of this section, then the standard that is specified in this secti on will apply to the extent authorized by applicable law.

K. Penalties for Noncompliance.

1. Purpose. The purpose of this subsection is to authorize monetary penalties for the violation of the customer service standa rds established by this section in a manner consistent with the Video Customer Serv ice Act (Government Code Sections 53088 et seq.) and pursuant to the City's inherent police powers. The imposition of penalties authorized by this subsection will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law.

2. Administration and Appeals.
a. The City Clerk or designee is authorized to administer this subsection. Decisions by the City Clerk or designee to assess m onetary penalties against grantee must be in writing and must contain findings supporting the decisions. Decisions by the City Clerk are final, unless appealed to the City Council. b. If grantee or any interested person is a ggrieved by a decision of the City Clerk or designee, the aggrieved party may, w ithin 10 days of the written decision, appeal that decision in writing to the C ity Council. The appeal letter must be accompanied by the fee amount of $250.00 for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Clerk or designee.
c. Schedule of Penalties. The following sche dule of monetary penalties may be assessed against the grantee for the materi al breach of the provisions of the customer service standards set forth in th is section, provided that the breach is within grantee's reasonable control:
i. For a first material breach, the maxi mum penalty is $200.00 for each day of material breach, but not to exceed a cumulative total of $600.00 for each occurrence of the material breach.
ii. For a second material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $400.00 for each day of the material breach, but not to exceed a cumulative total of $1 ,200.00 for each occurrence of the material breach.
iii. For a third or further material breach of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is $1,000 .00 for each day of the material breach, but not to exceed a cumula tive total of $3,000.00 for each occurrence of the material breach.
iv. The maximum penalties referenced in this section may be increased by any 512
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additional amount authorized by state law.
d. Judicial Remedy. This subsection does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this subsection.
e. Notification of Breach. The City must give grantee written notice of any alleged breach of the consumer service standards and allow the grantee at least 30 days, or such longer time as may be reasonably necessary to cure, from receipt of the notice to remedy the specified breach. Fo r the purpose of assessing penalties, a material breach is deemed to have occurred for each day, following the expiration of the period for cure specified herein, that any breach has not been remedied by grantee, irrespective of the number of subscribers affected. f. Limitations. With respect to any grantee that operates under a franchise or license agreement with the City, any monetary penalties assessed under this subsection must be reduced dollar for dollar to the extent that any liquidated damage or penalty provision of the franchise or license agreement imposes a monetary obligation on grantee for the same customer service failure, and no other monetary damages may be assessed for that customer service failure. g. Applicability of Section. This section will apply to all video providers that are providing cable service under nonexclusive licenses issued by the City prior to the effective date of the ordinance codified in this chapter. To the extent that any consumer protection and service standard referenced in a previously issued nonexclusive license is inconsistent or in conflict with any provision of this section, such standard in the nonexclusive license is repealed and superseded. (Ord. 18 § 2, 2008, RCC § 5.08.100)
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Article III
Open Video Systems

§ 5.08.110. Applicability.

The provisions of this article apply to an ope n video system operator, as defined in Section

5.08.180 of this chapter, that intends to deliver video programming to consumers in the City over an open video system.
(Ord. 18 § 2, 2008, RCC § 5.08.110)

§ 5.08.120. Application required.

A. Before commencing the delivery of video programming services to consumers in the City over an open video system, the open video system operator must file an application with the City. That application must include or be accompanied by the following, as applicable:

1. The identity of the applicant, including all affiliates of the applicant;

2. Copies of FCC Form 1275, all "Notices of Intent" filed under 47 CFR 76.1503(b)(l), and the Order of the FCC, all of which relate to certification of the applicant to operate an open video system in the City in accordance with Section 653(a)(1) of the Communications Act and the FCC's rules;

3. The area or areas of the City that the applicant desires to serve;

4. A description of the open video system servi ces that will be offered by the applicant over its existing or proposed facilities;

5. A description of the transmission medium that will be used by the applicant to deliver the open video system services;

6. Information in sufficient detail to establis h the applicant's technical qualifications, experience, and expertise regarding the ow nership and operation of the open video system described in the application;

7. Financial statements prepared in acco rdance with generally accepted accounting principles that demonstrate the applicant's financial ability to:
a. Construct, operate, maintain and remove any new physical plant that is proposed to be constructed in the City,
b. Comply with the City's public, edu cational, and governmental access requirements as specified in Section 5.08.140(B)(4) of this chapter, c. Comply with the City's requirement th at gross revenue fees be paid in the maximum amount authorized under fede ral law, as specified in Section

5.08.140(B)(2) of this chapter;

8. An accurate map showing the location of any existing telecommunications facilities in the City that the applicant intends to use, to purchase, or to lease;

9. If the applicant's operation of the open vide o system will require the construction of new physical plant and facilities in the City, the following additional information must be provided:
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a. A construction schedule and completion dates,
b. Engineering plans, specifications, and a network map of any new facilities to be constructed in the City, in sufficient detail to identify:
i. The location and route requested for the applicant's proposed facilities, ii. The locations, if any, for interconn ection with the facilities of other telecommunications service providers,
iii. The specific structures, improvements, facilities, and obstructions, if any, that the applicant proposes to add, re move, or relocate on a temporary or permanent basis,
c. The applicant's statement that, in constructing any new physical plant, the applicant will comply with all applicable ordinances, rules, and regulations of the City, including the payment of all required permit and processing fees;

10. The information and documentation that is required to be submitted to the City by a video provider, as specified in Section 5.08.160(B) of this chapter;

11. Such additional information as may be requested by the City;

12. An application fee deposit in an am ount of $15,000.00 must accompany the application. That application fee deposit will be in an amount that is estimated to cover all anticipated costs associated with reviewing and processing the application, including without limitation costs of administrative review, financial, legal, and technical evaluation of the applicant, consultants (including technical and legal experts and all costs reasonably incurred by t hose experts), notice and publication requirements, and document preparation expenses. If actual costs exceed the application fee deposit, the applicant must pay the difference to the City within 30 days following receipt of an itemized statement of those costs. If actual costs are less than the application fee deposit, the re maining balance will be refunded to the applicant.

B. If any item of information specified in sub section A of this section is determined under federal or state law to be unlawful, the City Clerk or designee is authorized to waive the requirement that such information be included in the application. (Ord. 18 § 2, 2008, RCC § 5.08.120)

§ 5.08.130. Review of the application.

Within 30 days after receipt of an application filed under Section 5.08.120 of this chapter that is deemed to be complete, the City Clerk or designee will give written notice to the applicant of the City's intent to negotiate an agreement setti ng forth the terms and c onditions under which the operation of the proposed open video system will be authorized by the City. The commencement of those negotiations will be on a date that is mutually acceptable to the City and to the applicant. (Ord. 18 § 2, 2008, RCC § 5.08.130)

§ 5.08.140. Agreement required.

A. No video programming services may be provide d in the City by an open video system operator unless the operator and the City have executed a written agreement, which may be 515
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designated as a franchise, setting forth the te rms and conditions under which the operation of the proposed open video system will be authorized by the City. That agreement must be authorized and approved by the City Council.

B. The agreement between the City and the open video system operator may contain provisions that relate to the following subject matters, to the extent that such provisions and subject matters are not preempted by federal law or regulations:

1. The nature, scope, and duration of the agreement, including provisions for its renewal or extension;

2. The obligation of the open video system operator to pay to the City, at specified times and in lieu of the franchise fees permitt ed under Section 622 of the Communications Act, fees on the gross revenue received by the operator, as authorized by 47 CFR

76.1511, in accordance with the following standards and procedures:
a. The amount of the fees on the gross revenue will be the maximum amount authorized by Section 653(c)(2)(B) of the Communications Act, which is the rate imposed by the City on existing cable operators,
b. The term "gross revenue" means (i) all gross revenue received by an open video system operator or its affiliates, including all revenue received from subscribers and all carriage revenue received from unaffiliated video programming providers; and (ii) all advertising revenue received by the operator or its affiliates in connection with the provision of vi deo programming, where such revenue is included in the calculation of cable franchise fees paid to the City by incumbent cable operators. The term "gross reve nue" does not include revenue, such as subscriber or advertising revenue, co llected by unaffiliated video programming providers;

3. The obligation of the open video system operator to comply with requirements relating to information collection and recordk eeping, accounting procedures, reporting, periodic audits, and inspection of records in order to ensure the accuracy of the fees on gross revenue that are required to be paid as specified in subsection (B)(2) of this section;

4. The obligation of the open video system operator to meet the City's requirements with respect to public, educational, and govern mental access channel capacity, services, facilities, and equipment, as provided for in 47 CFR 76.1505. In this regard, the following standards and procedures are applicable:
a. The open video system operator is subj ect to the same public, educational, and governmental access requirements that apply within the cable television franchise service area with which its system overlaps.
b. The open video system operator must ensu re that all subscribers receive all public, educational, and governmental acce ss channels that are provided by an incumbent cable operator within the designated franchise service area. c. The open video system operator may nego tiate with the City to establish the operator's obligations within the designa ted franchise service area with respect to public, educational, and government al access channel capacity, services, 516
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facilities, and equipment. These negotiati ons may include the City's franchised cable operator within the designated franchise service area if the City, the open video system operator, and the franchised cable operator so desire. d. If the open video system operator and the City are unable to reach an agreement regarding the operator's obligations with respect to public, educational, and governmental access channel capacity, services, facilities, and equipment within the designated franchise service area, th en the following obligations will be imposed:
i. The open video system operator must satisfy the same public, educational, and governmental access obligations as the City's franchised cable operator within the designated franchise service area by providing the same amount of channel capacity for public, edu cational, and governmental access and by matching the City's franchised cable operator's annual financial contributions in support of public, educational, and governmental access services, facilities, and equipment that are actually used by the City. For in-kind contributions, such as cameras or production studios, the open video system operator may satisfy its statutory obligation by negotiating mutually agreeable terms with the City's franchised cable operator, so that public, educational, and governmental access services to the City are improved or increased. If such terms cannot be agreed upon, the open video system operator must pay to the City the monetary equivalent of the franchised cable operator's depreciated in-kind contribution, or, in the case of facilities, the annual amortization value. Any matching contributions provided by the open video system operator must be used to fund activities arising under Section 611 of the Communications Act.
ii. The City will impose upon the open video system operator within the designated franchise service area the same rules and procedures that it imposes upon the franchised cable operato r with regard to the open video system operator's use of channe l capacity designated for public, educational, and governmental access u se when that capacity is not being used for such purposes.
e. The City's franchised cable operator within the designated franchise service area is required under federal law to permit the open video system operator to connect with its public, educational, and govern mental access channel feeds. The open video system operator and the franchised cable operator may decide how to accomplish this connection, taking into consideration the physical and technical characteristics of the cable and the open video systems involved. If the franchised cable operator and the open video sy stem operator cannot agree on how to accomplish the connection, the City has the right to decide. The City may require that the connection occur on City-owned property or on public rights-of-way. f. All costs of connection to the franchised cable operator's public, educational, and governmental access channel feed must be borne by the open video system operator. These costs will be counted to wards the open video system operator's matching financial contributions set fo rth in subsection (B)(4)(d)(i) of this 517
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section.
g. The City will not impose upon the open video system operator any public, educational, or governmental access obligations that are greater than those imposed upon the incumbent franchised cable operator.
h. If there is no incumbent franchised cab le operator within the designated franchise service area, the provisions of 47 CFR 76.1505(d)(6) will be applicable in determining the obligations of the open video system operator. i. The open video system operator must adju st its system to comply with new public, educational, and access obligati ons imposed on the City's incumbent franchised cable operator within a designated franchise service area following a renewal of the cable television franchise; provided, however, that the open video system operator will not be required to displace other programmers using its open video system to accommodate pub lic, educational, and governmental access channels. The open video system ope rator must comply with such new public, educational, and governmental access obligations whenever additional capacity is or becomes available, whether it is due to increased channel capacity or to decreased demand for channel capacity;

5. If the City and the open video system operator cannot agree on the application of the FCC's rules regarding the open video system operator's obligations to provide public, educational, and governmental access under the provisions of subsection (B)(4) of this section, then either party may file a comp laint with the FCC in accordance with the dispute resolution procedures set forth in 47 CFR 76.1514. No agreement will be executed by the City until the dispute has been finally resolved;

6. If the open video system operator intends to maintain an institutional network, as defined in Section 611(f) of the Communica tions Act, the City will require that educational and governmental access channe ls be designated on that institutional network to the same extent that those channels are designated on the institutional network of the City's franchised cable operator within the designated franchise service area;

7. The authority of an open video system ope rator to exercise editorial control over any public, educational, or governmental use of channel capacity will be restricted in accordance with the provisions of 47 CFR 76.1505(f);

8. The obligation of the open video system operator to comply with all applicable federal, state, and local statutes, ordinances, and regulations relating to customer service standards, including those specified in Section 5.08.100 of this chapter;

9. If new physical plant is proposed to be cons tructed within the City, the obligation of the open video system operator to comply with the following rights-of-way use and management responsibilities that are also imposed by the City upon other cable television and telecommunications service providers in a nondiscriminatory and competitively neutral manner:
a. Compliance with all applicable City codes, including applications for excavation, encroachment, and construc tion permits and the payment of all required permit and inspection fees,
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b. The coordination of construction activities,
c. Compliance with established standards and procedures for constructing lines across private property,
d. Compliance with all applicable insurance and indemnification requirements, e. The repair and resurfacing of construction-damaged streets, f. Compliance with all public safety require ments that are applicable to cable television and telecommunications service providers using public property or public rights-of-way;

10. Acts or omissions constituting breaches or defaults of the agreement, and the applicable penalties, liquidated damages, a nd other remedies, including fines or the suspension, revocation, or termination of the agreement;

11. Requirements relating to the sale, assignment, or transfer of the open video system;

12. Requirements relating to the open video system operator's compliance with and implementation of state and federal laws, rules, and regulations pertaining to the operation of the open video system;

13. Such additional requirements, conditions, te rms, policies, and procedures as may be mutually agreed upon by the City and the open video system operator and that will, in the judgment of the City Council, best serve the public interest and protect the public health, welfare, and safety.
(Ord. 18 § 2, 2008, RCC § 5.08.140)
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Article IV
Other Video and Telecommunications Services and Systems

§ 5.08.150. Other multichannel video programming distributors.

The term "cable system," as defined in federal law and as set forth in Section 5.08.180 of this chapter, does not include a facility that serves subscribers without usi ng any public rights-of- way. Consequently, the categories of multicha nnel video programming identified below are not deemed to be "cable systems" and are theref ore exempt from the City's franchise requirements and from certain other local regulatory provisions au thorized by federal law, provided that their distribution or transmission facilities do not involve the use of the City's public rights-of-way.

A. Multichannel multipoint distribution service ("MMDS"), also known as "wireless cable," which typically involves the transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology; B. Local multipoint distribution service ("LMDS"), another form of over-the-air wireless video service for which licenses are auctioned by the FCC, and which offers video programming, telephony, and data networking services;
C. Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services," which involves the distribution or broadcasting of programming or services by satellite directly to the subscriber's premises without the use of ground receiving or distribution equipment, except at the subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions:

1. 47 U.S.C. Section 303(v) confers upon the FCC exclusive jurisdiction to regulate the provision of direct-to-home satellite services,

2. Section 602 of the Telecommunications Act of 1996 states that a provider of direct- to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service.

The terms "tax" and "fee" are defined by fe deral statute to mean any local sales tax, local use tax, local intangible tax, local in come tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local telecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction. (Ord. 18 § 2, 2008, RCC § 5.08.150)

§ 5.08.160. Video providers—Registration—Customer service standards.

A. Unless the customer protection and customer service obligations of a video provider, as that term is defined in Section 5.08.180 of this chapter, are specified in a franchise, license, lease, or similar written agreement with the City, a video provider must comply with all applicable provisions of the following state statutes:

1. The Cable Television and Video Customer Service and Information Act (Government Code Sections 53054, et seq.);

2. The Video Customer Service Act (Government Code Sections 53088, et seq.). 520
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B. All video providers that are operating in the C ity on the effective date of the ordinance codified in this chapter, or that intend to ope rate in the City after its effective date, must register with the City; provided, however, that this registration requirement is not applicable to any video provider that has executed a franchise, license, lease or similar written agreement with the City. The registration fo rm must include or be accompanied by the following:

1. The video provider's name, address, and local telephone numbers;

2. The names of the officers of the video provider;

3. A copy of the video provider's written polic ies and procedures relating to customer service standards and the handling of customer complaints, as required by Government Code Sections 53054, et seq. These customer service standards must include, without limitation, standards regarding the following:
a. Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling; b. Customer service telephone and office hours;
c. Procedures for billing, charges, refunds, and credits; d. Procedures for termination of service;
e. Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates;
f. Complaint procedures and procedures for bill dispute resolution; g. The video provider's written acknow ledgment of its obligation under Government Code Section 53055.1 to provide to new customers a notice describing the customer service standa rds specified in subsections (B)(3)(a) through (f) of this section at the time of installation or when service is initiated.

The notice must also include, in addition to all of the information described in subsections (B)(3)(a) through (f) of this section, all of the following:
i. A listing of the services offered by the video provider that clearly describes all levels of service and the rates for each level of service, ii. The telephone number or numbers through which customers may subscribe to, change, or terminate service, requ est customer service, or seek general or billing information,
iii. A description of the rights and remedies that the video provider may make available to its customers if the video provider does not materially meet its customer service standards;
h. The video provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified in subsections (B)( 3)(a) through (f) of this section. This annual notice must include the report of the video provider on its performance in meeting its customer service standards, as required by Government Code Section 53055.2. Subject to the written not ice and cure provisions of 521
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Government Code Section53056(b), a video provider that fails to distribute the annual notice required by Government Code Section 53055.1 will be assessed a monetary penalty in the sum of $500.00 for each year in which the annual notice is not distributed to all of its customers;

4. Unless a video provider is exempt under fede ral law from its payment, a registration fee will be required to cover the reasonabl e costs incurred by the City in reviewing and processing the registration form;

5. In addition to the registration fee specified in subsection (B)(4) of this section, the written commitment of the video provider to pay to the City, when due, all costs and expenses reasonably incurred by the City in resolving any disputes between the video provider and its subscribers, which dis pute resolution is mandated by Government Code Section 53088.2(o).

C. The customer service obligations imposed upon video providers by the Video Customer Service Act (Government Code Section 53088 et seq.) consist of the following:

1. Every video provider must render reasonably efficient service, make repairs promptly, and interrupt service only as necessary;

2. All video provider personnel contacting s ubscribers or potential subscribers outside the office of the provider must be clear ly identified as associated with the video provider;

3. At the time of installation, and annually th ereafter, all video providers must provide to all customers a written notice of the programming offered, the prices for that programming, the provider's installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints;

4. All video providers must have knowledg eable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours;

5. All video providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls . These calls must be answered promptly by the video providers;

6. All video providers must render bills that are accurate and understandable;

7. All video providers must respond promptly to a complete outag e in a customer's service. The response must occur within 24 hours of the reporting of that outage to the provider, except in those situations beyond the reasonable control of the video provider. A video provider will be deemed to respond to a complete outage when a company representative arrives at the outage location with-in 24 hours and begins to resolve the problem;

8. All video providers must provide a mi nimum of 30 days' written notice before increasing rates or deleting channels. All video providers must make every reasonable effort to submit the notice to the City in advance of its distribution to customers. The 30-day notice is waived if the increases in rates or deletion of channels are outside the control of the video provider. In those cases, the video provider must make reasonable 522
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efforts to provide customers with as much notice as possible;

9. All video providers must allow every reside ntial customer who pays his or her bill directly to the video provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed ch arges unless otherwise agreed to pursuant to a residential rental agreement establis hing tenancy. Customer payments must be posted promptly. No video provider may terminate residential service for nonpayment of a delinquent account unless the video provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed.

Notice must not be mailed until the 16th day after the date the bill for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No video provider may assess a late fee any earlier than the 22nd day after the bill for service has been mailed;

10. Every notice of termination of service pursuant to the preceding subsection must include all of the following information:
a. The name and address of the customer whose account is delinquent, b. The amount of the delinquency,
c. The date by which payment is required in order to avoid termination of service, d. The telephone number of a representative of the video provider who can provide additional information and handle comp laints or initiate an investigation concerning the service and charges in question. Service may only be terminated on days in which the customer can reac h a representative of the video provider either in person or by telephone;

11. Any service terminated without good cause must be restored without charge for the service restoration. Good cause includes, but is not limited to, failure to pay, payment by check for which there are insufficient f unds, theft of service, abuse of equipment or system personnel, or other similar subscriber actions;

12. All video providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the video provider;

13. All video providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the te rmination of service, less any deductions permitted by law;

14. Video providers must not disclose the name and address of a subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the bus inesses of the video providers or their affiliates, unless the video providers have provided to the subscriber a notice, separate or included in any other customer notice, that clearly and conspicuously describes the subscriber's ability to prohibit that disclosure. Video providers must provide an address and telephone number for a local subscriber to use without toll charge to prevent disclosure of the subscriber's name and address.

D. As authorized by Government Code Section 53088(q), the following schedule of penalties 523
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is adopted. These penalties may be imposed fo r the material breach by a video provider of the consumer protection and service standards that are set forth in subsection C of this section, provided that the breach is within th e reasonable control of the video provider.

These penalties are in addition to any other reme dies authorized by this chapter or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this subsection will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided in subsection (D)(2) of this section.

1. Schedule of Penalties.
a. For a first material breach, the maximum penalty is $200.00 for each day of material breach, but not to exceed a cumulative total of $600.00 for each occurrence of material breach, irrespective of the number of customers affected. b. For a second material breach of the same nature for which a monetary penalty was previously assessed within the pr eceding 12-month period, the maximum penalty is $400.00 per day, not to exceed a cumulative total of $1,200.00 for each occurrence of the material breach, irrespective of the number of customers affected.
c. For a third or further material breach of the same nature for which a monetary penalty was previously assessed within the preceding 12-month period, the maximum penalty is $1,000.00 per day, not to exceed a cumulative total of $3,000.00 for each occurrence of the material breach, irrespective of the number of customers affected.
d. The maximum penalties referenced above may be increased by any additional amount authorized by state law.

2. Judicial Remedies Not Affected. The impos ition of penalties in accordance with the provisions of subsection (D)(1) of this sec tion does not preclude any affected party from pursuing any judicial remedy that is available to that party.

3. Administration, Notice, and Appeal.
a. The City Clerk or designee is authorized to administer this subsection. Decisions by the City Clerk to assess penalties against a video provider must be in writing and must contain findings supporting the decisions. Decisions by the City Clerk or designee are final, unless appealed to the City Council. b. If the video provider or any interested person is aggrieved by a decision of the City Clerk or designee, the aggrieved pa rty may, within 10 days of the written decision, appeal that decision in writing to the City Council. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Council may affirm, modify, or reverse the decision of the City Clerk or designee.
c. The imposition of monetary penalties under subsection (D)(1) of this section is subject to the following requirements and limitations:
i. The City must give the video provider written notice of any alleged material breach and must allow the video provider at least 30 days from 524
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receipt of that notice to remedy the breach.
ii. For the purpose of assessing monetary penalties, a material breach will be deemed to have occurred for each day following the expiration of the period for cure specified in subsection (D)(3)(i ) of this section that the material breach has not been remedied by the video provider, irrespective of the number of customers affected.
(Ord. 18 § 2, 2008, RCC § 5.08.160)
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Article V
Definitions

§ 5.08.180. Defined terms and phrases.

A. The words, terms, phrases, and their derivations set forth in this chapter have the meanings set forth in this section. Words used in the present tense include the future tense, and words in the singular include the plural number.
"Cable service" means the one-way transmi ssion to subscribers of video programming, or other programming services, and subscriber interaction, if any that is required for the selection or use of that video programming or other programming service. For the purposes of this definition, "video progra mming" means programming provided by, or generally considered comparable to progr amming provided by, a television broadcast station; and "other programming service" mean s information that a cable system operator makes available to all subscribers generally.
"Cable system," or "cable communications sy stem" or "cable television system" means a facility, consisting of a set of closed transm ission paths and associated signal generation, reception, and control equipment that is d esigned to provide cable service that includes video programming and that is provided to multiple subscribers within a community. The term "cable system" does not include:

1. A facility that serves only to retransmit the television signals of one or more television broadcast stations;

2. A facility that serves subscribers without using any public right-of-way;

3. A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act, except that such facility will be considered a cable system (other than for purposes specified in Section 621(c) of the Communications Act) to the extent such fac ility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

4. An open video system that complies with Section 653 of the Communications Act; or

5. Any facilities of an electric utility that are used solely for operating its electric utility system.
"Cable system operator" means any person or group of persons:

1. Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in that cable system; or

2. Who otherwise controls or is responsi ble for, through any arrangement, the management and operation of that cable system.
" CFR " means the Code of Federal Regula tions. Thus, the citation of "47 CFR 80.1" refers to Title 47, Part 80, Section 1, of the Code of Federal Regulations. "City" means the City of Wildomar as represented by its City Council or by any delegate acting within the scope of its delegated authority.
"Communications Act" means the Communications Act of 1934 (47 U.S.C. Sections153, et 526
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seq.), as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996.
"FCC" or "Federal Communications Commission" means the federal administrative agency, or any lawful successor, that is authori zed to regulate telecommunications services and telecommunications service providers on a national level. "Franchise" means an initial authorization, or the renewal of an initial authorization, granted by the City Council, whether such authorizati on is designated as a franchise, agreement, permit, license, resolution, contract, certificate, or otherwise, that authorizes the construction or operation of a cable system or an open video system. "Franchise fee" means any fee or assessment of any kind that is authorized by state or federal law to be imposed by the City on a grantee as compensation in the nature of rent for the grantee's use of the public rights-of-way. The term "franchise fee" does not include:

1. Any tax, fee, or assessment of general a pplicability (including any such tax, fee, or assessment imposed on both utilities and cable operators or their services, but not including a tax, fee, or assessment which is unduly discriminatory against cable operators or cable subscribers);

2. Capital costs that are required by the franchise to be incurred by a grantee for public, educational, or governmental access facilities;

3. Requirements or charges that are incidental to the award or enforcement of the franchise, including payments for bonds, secur ity funds, letters of credit, insurance, indemnification, penalties, or liquidated damages; or

4. Any fee imposed under Title 17, United States Code.
"Franchise service area" or "service area" mean s that geographic area of the City in which the grantee is authorized to construct, operate, and maintain a cable television system, which geographic area is specifically designated in a franchise agreement with the City. "Grantee" means any person that is awarded a franchise in accordance with this chapter, and that person's lawful successor, transferee, or assignee. "Multichannel video programming distributor" or "video programming distributor" means a person such as, but not limited to, a cable system operator, an open video system operator, a multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by subscribers or customers. "Open video system" means a facility consis ting of a set of transmission paths and associated signal generation, reception, and cont rol equipment that is designed to provide cable service, including video programming, a nd that is provided to multiple subscribers within the City, provided that the FCC has certified that such system is authorized to operate in the City and complies with 47 CFR 1500 et seq., entitled "Open Video Systems." "Open video system operator" means any pe rson or group of persons who provides cable service over an open video system and directly or through one or more affiliates owns a significant interest in that open video system, or otherwise controls or is responsible for the management and operation of that open video system.
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"Person" means an individual, partnership, limited liability company, association, joint stock company, trust, corporation, or governmental entity. "Public, educational or government access facilities" or "PEG access facilities," means the total of the following:

1. Channel capacity designated for noncommercial public, educational, or government use; and

2. Facilities and equipment for the use of that channel capacity. "Street" or "public right-of-way" means each of the following that has been dedicated to the public and maintained under public authority or by others and is located within the City limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of- way, and similar public property that the City from time to time authorizes to be included within the definition of a street.
"Subscriber" or "customer" or "consumer" means any person who, for any purpose, subscribes to the services provided by a multichannel video programming distributor and who pays the charges for those services.
"Telecommunications" means the transmission, between or among points specified by the user, of information of the user's choosing, w ithout change in the form or content of the information as sent and received.
"Telecommunications equipment" means equi pment, other than customer premises equipment, used by a telecommunications service provider to provide telecommunications service, including software that is integral to that equipment. "Telecommunications service" means the offeri ng of telecommunications directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the equipment or facilities that are used. "Telecommunications service provider" means any provider of telecommunications service. "
U.S.C. section " means the United States Code. Thus, the citation of "47 U.S.C. Section 153" refers to Title 47, Section 153, of the United States Code. "Video programming provider" means any person or group of persons that has the right under the federal copyright laws to select and to contract for the carriage of specific video programming on a cable system or an open video system.
"Video provider" means any person, compa ny, or service that provides one or more channels of video programming to a reside nce, including a home, multifamily dwelling complex, congregate-living complex, condomin ium, apartment, or mobilehome, where some fee is paid for that service, whether direc tly or as included in dues or rental charges, and whether or not public rights-of-way are used in the delivery of that video programming.

A "video provider" includes, without limitation, providers of cable television service, open video system service, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution services, and other providers of video programming, whatever their technology.

B. Unless otherwise expressly stated, words, terms, and phrases not defined in this chapter will be given their meaning as used in Title 47 of the United States Code, as amended, and, if not defined in that code, their meaning as u sed in Title 47 of the Code of Federal 528
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Regulations.
(Ord. 18 § 2, 2008, RCC § 5.08.180)
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Article VI
Violations—Severability

§ 5.08.190. Violations—Enforcement.

A. Unless precluded by applicable law, any person who violates any provision of this chapter is guilty of a misdemeanor and is punishable as provided for in Chapter 1.16.

B. The misdemeanor penalty specified in subsecti on A of this section is not applicable to a violation of any provision of this chapter for which another sanction or penalty may be imposed under any franchise, license, lease, or similar written agreement between the City and a multichannel video programming distributor or telecommunications service provider.

C. The City may initiate a civil action in any c ourt of competent jurisdiction to enjoin any violation of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.08.190)
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CHAPTER 5.12

VIDEO FRANCHISE FEES, CUSTOMER SERVICE AND OTHER VIDEO-RELATED

MATTERS

Note: Prior ordinance history: Ord. 26.

§ 5.12.010. Regulation of video franchises and definitions.

A. Under Division 2.5 of the California Pub lic Utilities Code ("CPUC"), the Digital Infrastructure and Video Competition Act of 2008, commencing at Section 5800, et seq. ("DIVCA"), the California Public Utilities Commission (PUC) has the exclusive authority to grant and administer state video franchises. The definitions contained in DIVCA apply to this chapter.

B. Notwithstanding, DIVCA confers certain rights and responsibilities on the City with respect to state video franchise holders ("SVFH") operating within the City under DIVCA, including but not limited to, receipt of fees fo r rent of rights-of-way in the form of a franchise fee and additional fees for support of public, edu cational, and governmental ("PEG") access channels. Both fees are based on a percentage of the gross revenues of state franchise holders. The City also hereby establishes and enforces penalties for violations of customer service rules. The C ity retains authority, without change, over all City video franchisees until such time as they no longer hold a City franchise, or are no longer operating under a current City franchise. The City may modify, renew, extend or terminate existing City video franchises.

C. The City Council intends this chapter to su pplement, not to duplicate or contradict, applicable state and federal law and this chapter shall be construed in light of that intent. (Ord. 27 § 1, 2009)

§ 5.12.020. State video franchise fees.

A. Each SVFH shall pay a fee to the City equal to five percent of that SVFH's gross revenue, as defined in GPM Section 5660, pursuant to CPUC Section 5840(q)(1). Failure to pay the fee in a timely manner will incur fines to the City as set out in that section.

B. Such fees shall be payable as of July 1, 2008, the date of City's incorporation. (Ord. 27 § 1, 2009)

§ 5.12.030. Audit authority.

Not more than once annually, the City Manager or designee may examine and perform an audit of an SVFH's records kept in the ordinary course of business, such as those commonly used and relied upon for accounting purposes or in preparation of financial statements or pro formas, to ensure compliance with this section. In the event that the audit discloses an underpayment of five percent or more, the SVFH shall pay for the audit. If the audit discloses that all fees have been paid, the City shall pay for the audit; otherwise, the cost shall be divided evenly between the parties.
(Ord. 27 § 1, 2009)

§ 5.12.040. Customer service and protection standards.
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A. An SVFH shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service. In addition, the SVFH shall prepare, adopt and annually review its own consumer standards regarding installation and service; telephone and office hours; billing procedures; te rmination of service; change in service; and complaint procedures. Each SVFH annually must distribute such standards to the City and to each customer.

B. The City shall give the SVFH written notice of its failure to distribute such notice. If distribution does not occur within 60 days afte r receipt of the notice, the City may impose and collect a penalty of $500.00 for each year in which the notice is not distributed after such notice.
(Ord. 27 § 1, 2009)

§ 5.12.050. Material breach of customer standards.

Where the City Manager determines that an SVFH has materially breached any provision of its own consumer standards or of state or federal law, including but not limited to nonpayment of franchise fees, the City may provide a written Notice of Breach to the SVFH.

A. A "material breach" is defined as an SVFH's substantial and repeated failure to comply with service quality and other standards of federal or state law or of its own consumer standards.

B. Receipt of a Notice of Breach shall be deemed to have occurred either:

1. Five calendar days after the date on which the Notice of Breach was deposited to be mailed with the United States Postal Service or equivalent;

2. Two calendar days after the date the Notice of Breach was sent via facsimile or e- mail; or

3. On the date an SVFH's designated representative was personally served the Notice of Breach.
(Ord. 27 § 1, 2009)

§ 5.12.060. Response to Notice of Breach.

An SVFH which has been issued a Notice of Breach shall either remedy the conduct described in the Notice of Breach ("Notice of Breach Conduct") to the satisfaction, and in the sole discretion of, the City Manager no later than 30 calendar da ys from the date of receipt of the notice; or assert that the SVFH should be exempted fro m violation because the violation is out of its control. If the SVFH asserts that the Notice of Breach Conduct is out of its reasonable control, then the SVFH shall submit a Request for Ex emption from Breach. A Re quest for Exemption from Breach shall contain all of the following poi nts in order to be c onsidered by the City Manager: It shall be in writing; it shall d escribe in detail why the conduct was out of its reasonable control; it shall describe in detail the Notice of Breach Conduct, the reasons for its occurrence, all factors and/or influences asserte d to be outside the SVFH's control thereby creating the conduct, and all facts precluding the SVFH's ability to remedy; and it shall include as attachments any and all supporting documentation which the SVFH wishes the City Manager to review. Only information so submitted shall be considered by the City Manager. (Ord. 27 § 1, 2009)
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§ 5.12.070. Request for Exemption from Breach.

Where the City Manager receives a Request fo r Exemption from Breach, City Manager shall review the Request for Exemption from Breach promptly; and shall render a final determination on the Request for Exemption from Breach. This final determination shall be in writing and shall include one of the following conclusions: (1) the Notice of Breach Conduct is outside the SVFH's control and is therefore exempt or (2) the Notice of Breach Conduct is within the SVFH's control and is therefore subject to the provisions of this chapter. The City Manager's decision is final.
(Ord. 27 § 1, 2009)

§ 5.12.080. Penalties for customer serv ice and protection standards violations.

A. Each SVFH that fails to remedy the Notice of Breach Conduct in violation of this section ("unremedied breach") and/or that fails to ob tain an exemption determination shall pay a penalty to the City as set out here.

B. Penalties for an SVFH's failure to remedy the Notice of Breach Conduct shall accrue daily as follows:

1. Commencing on the first calendar day following expiration of the time to cure in through the date of remedy of the breach under section; or

2. Commencing on the first calendar day following receipt of denial of a Request for Exemption from Breach through the date of remedy of the breach.

C. An SVFH shall pay a penalty for the unremedied first Notice of Breach not to exceed a fine of $500.00 for each calendar day, not to exceed $1,500.00 for each occurrence of an unremedied breach.

D. For a second material breach of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within 12 months fro m the date of the first Notice of Breach, whether remedied or not, an SVFH shall pay a penalty accruing not to exceed $1,000.00 per calendar day, not to exceed $3,000.00, for each occurrence of an unremedied breach.

E. For a third or further material breach, of a similar nature as the Notice of Breach for which a penalty was assessed, occurring within the same 12 months of the date of the Notice of Breach, whether or not remedied an SVFH shall pay a penalty not to exceed $2,500.00 per calendar day, not to exceed $7,500.00 for each occurrence of an unremedied breach. (Ord. 27 § 1, 2009)

§ 5.12.090. Appeal of penalties for customer service and protection standards violations.

A. An SVFH assessed a penalty under Section 5.12.080 may appeal the assessed penalty only by satisfying all of the following: submit to the City Manager a written appeal describing in detail the basis for the appeal; and file the appeal no later than 60 calendar days from receipt of the notice of penalties; and
B. Where the City Manager receives an appeal under this section, the City Manager shall review the appeal promptly, render a final determination on the appeal, and provide a final written determination; and
C. The City Manager's determination on the appeal shall be final. The penalty owing shall be 533
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a debt to the City that may be collected in any legally available manner. (Ord. 27 § 1, 2009)

§ 5.12.100. City response to state video franchise applications.

A. Applicants for state video franchises within th e boundaries of the City of Wildomar shall concurrently provide complete copies to the City of any applicati on or amendments to applications filed with the PUC. The applicant shall provide one complete copy to the City Clerk, and another complete copy to the City Manager.

B. In its discretion, the City may provide any comments to the PUC on the application or amendments to the application.
(Ord. 27 § 1, 2009)

§ 5.12.110. PEG fees.

A. Any SVFH operating within the boundaries of the City shall pay the City a fee equal to one percent of the gross revenue of that SVFH, which fee shall be used by the City for any public, educational, and/or governmental (PEG) purposes consistent with state and federal law. The fee shall be remitted to the City on a quarterly basis within 45 days after the end of each quarter for that calendar year.

B. Gross revenue, for the purposes of this section, shall have the definition set forth in California Public Utilities Code Section 5860.

C. Not more than once annually, the City Mana ger or the City Manager's designee may examine and perform an audit of the business records of any SVFH to ensure compliance with this section.
(Ord. 150 § 1, 2018)
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CHAPTER 5.16

CLOSING OUT AND RELOCATION SALES

§ 5.16.010. License required.

No person, firm or corporation shall, without first obtaining a license, advertise or conduct a sale of goods, wares or merchandise that is represented as a sale for the liquidation or closing out of a business or a portion thereof, or the relocation of a place of business, or as a fire, water or other casualty sale, or as an assignee's, adjuster's, trust ee's, receiver's, creditor's or bankrupt's sale, or any other sale which is by representation or adver tisement intended to lead the public to believe that upon the disposal of the goods to be placed on sale, the business, or the portion thereof at the advertised location, will cease and be discontinued or be relocated to a new place of business.

This chapter shall not apply to foreclosure, bankruptcy sales, or other similar sales conducted under the direction of or pursuant to the order of a court or a governmental agency, or to licensed auctioneers selling at auction.
(Ord. 18 § 2, 2008, RCC § 5.12.010)

§ 5.16.020. License application.

Application for a license shall be made to the Ch ief of Police, in such form as he or she may require and shall include the following informati on, which must be certified to under penalty of perjury:

A. The applicant's business and residence addresses, and the name and address of the legal owner of the stock to be sold;
B. A complete inventory of all stock on hand a nd of all goods not yet on hand which will be offered at the sale. Applicant shall submit pr oof that goods not on hand already belong to applicant, or that applicant is legally bo und to purchase or dispose of such goods. The inventory shall include the wholesale price of all items; C. The length of time that applicant has conduc ted the business or used the business name under which the proposed sale will occur, and the length of time at the present address; D. All other information required by the Chief of Police for a complete determination of facts necessary to issue a license.
(Ord. 18 § 2, 2008, RCC § 5.12.020)

§ 5.16.030. License fee.

The license shall be issued for a 30-day period, and the fee therefor shall be $50.00. In cases of hardship, not more than two 30-day extensions of time may be granted, and the fee for each 30-day extension or any portion thereof shall be $20.00. Not more than one license shall be issued to any applicant within a 12-month period, and any person who is the majority owner of the stock in a corporation shall be deemed to be an applicant for the purposes of this section. (Ord. 18 § 2, 2008, RCC § 5.12.030)

§ 5.16.040. Inventory list required.

It is unlawful to sell, offer or expose to sale at any sale for which a license is issued, any goods, wares or merchandise not listed in the inventory furnished the Chief of Police at the time of obtaining the license, or to make any replenishments or additions to such stock for the purpose 535
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of such sale, or to fail, neglect or refuse to keep accurate records of the items sold, which records shall be and remain available for inspection by the Chief of Police during and for one year after the conclusion of the sale.
(Ord. 18 § 2, 2008, RCC § 5.12.040)

§ 5.16.050. Violation—Penalty.

A. It is unlawful for any person, firm or corpora tion to violate any provision of this chapter.

Any person, firm or corporation violating an y provision of this chapter shall be deemed guilty of an infraction or misdemeanor as he reinafter specified. Such person, firm, or corporation shall be deemed guilty of a separ ate offense for each and every day or portion thereof during which any violation of any of th e provisions of this chapter is committed, continued or permitted.

B. Any person, firm or corporation so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecute d as a misdemeanor. Payment of any penalty herein shall not relieve any person, firm or corporation from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.12.050)
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CHAPTER 5.20

COMMERCIAL FILMING

§ 5.20.010. Purpose.

It is the policy of the City of Wildomar to encourage the production of motion pictures and television within its boundaries. This chapter provides the basis for the rules and regulations governing the issuance of permits for filming, videotaping or related activity within the City. This chapter is intended to ensure that filming/videot aping is done consistent with public health and safety and the protection of property.
(Ord. 18 § 2, 2008, RCC § 5.16.010)

§ 5.20.020. Definitions.

Unless otherwise specifically provided or require d by the context, certain terms or expressions used in this chapter shall have the meanings set forth below:
"Charitable institution" means a nonprofit orga nization, which qualifies under Section501(c)(3) of the Internal Revenue Code or Section 23701 of the California Revenue and Taxation Code as a charitable organization. Where an organizati on such as those above is involved in film making/videotaping, no person, directly or indi rectly, shall receive a profit from the marketing or production or showing of the films, tapes or photos. "Film permit rider" means a minor addition, change or deletion to the permit, as determined by the issuing authority.
"Issuing authority" means the Director of the Department of Economic and Community Development, designated by the City Council as its authorized representative to administer the provisions of this chapter.
"News" means regularly scheduled news program s (not including magazine or documentary programs) and special news programs which are not pre-planned and are broadcast within 24 hours after the event.
"Strike and preparation pays" means activities re quired to make superficial alterations as specified in the script prior to movie on-loca tion filming and following filming, to restore such location to its original condition. Such alterations may include placement of temporary architectural features, alterations in landscapi ng, changes in furniture or other decorative elements, placement of temporary lighting e quipment and similar activities. "Strike and preparation days" shall not include time peri ods when cameras and actors are present and/or filming is occurring, nor activities requiring more than 10 persons or two trucks having a rated capacity exceeding five tons.
(Ord. 18 § 2, 2008, RCC § 5.16.020)

§ 5.20.030. Permit requirement.

No person shall use any public or private propert y, facility or residence within the City of Wildomar for the purpose of taking commercial motion pictures or television pictures or commercial still photography without first applyi ng for and receiving a permit from the issuing authority.
(Ord. 18 § 2, 2008, RCC § 5.16.030)

§ 5.20.040. Exemptions/waivers.
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A. Films produced by charitable institutions as described in Section 5.20.020 and news media as described in Section 5.20.020 shall be exempt from any permit fees hereafter established.

B. A student who has submitted a letter written on school letterhead by a school administrator or instructor stating that the applicant is currently enrolled in a recognized United States institution and that the film is not a commerci al release, shall have permit fees waived as required by this chapter.

C. Permit fees shall be waived for public acce ss and local organization programs by cable television programs franchised within the City.
(Ord. 18 § 2, 2008, RCC § 5.16.040)

§ 5.20.050. Use of facilities.

The issuing authority may approve temporary usage of property owned by or held under the control of the City, by issuance of a filming permit, provided:

A. Such issuance will not result in a frequency of usage likely to create incompatibility between such temporary use and the surrounding area;
B. Such issuance does not interfere with perform ance of the intended governmental function of the site in question;
C. Movie on-location filming does not exceed 10 consecutive days. Computation of such time period shall strike and preparation time.
(Ord. 18 § 2, 2008, RCC § 5.16.050)

§ 5.20.060. Liability provisions.

As a condition of approval to issuance of a permit, a certificate of insurance will be required to include, but not limited to $1,000,000.00 naming th e City as a co-insured for protection against claims of third party personal injuries, wrongful deaths and property dama ge. Where aircraft is used in any production, either fixed wing or rotary, the limit shall be no less than $5,000,000.00 per occurrence. City officers, agents and employees shall be named as additional insureds and a certificate of insurance shall not be subject to cancellation or modification without 30 days' written notice to the City.

A. An applicant shall conform to all applicable federal and state requirements for Workers' Compensation Insurance as to all persons operating under a permit.

B. To ensure cleanup and restoration of the site, an applicant may be required to post a faithful performance bond as a condition to approval of an application. (Ord. 18 § 2, 2008, RCC § 5.16.060)

§ 5.20.070. Department of Economic and Community Development—Duties.

The department shall:

A. Coordinate with City departments and distri cts the approval and issuance of all facility usage permits required to film on City property;
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permits for on-location filming;
C. Coordinate the approval and collection of all fees with the necessary City departments and districts as required by City policy;
D. Reimburse the departments and districts involved for services provided, rental fees or other costs incurred by the departments or districts in connection with film permits; E. Investigate minor complaints and assist in the resolution of minor disputes between the film industry and City agencies concerning filming in the City of Wildomar; F. Develop and administer programs to promote the development of the filming industry in the City of Wildomar;
G. Cooperate with other governmental agencies seeking to promote the development of the film industry in the City of Wildomar to fully recover all City costs involved in the operations of the office;
H. Periodically review and recommend, if necessar y, changes in the schedule of application fees and use and service charges to fully recover all City costs involved in the operations of this function;
I. Provide technical assistance and resource mate rial to permit applicants and individuals or organizations desiring to conduct a motion pi cture, television company or photography business in the City of Wildomar;
J. Consult with and advise other City departments, districts and the City Council in all matters relating to filming, including, but not lim ited to, recommended charges and improvements in legislation, policies, procedures and methods;
K. Coordinate with City agencies the periodic re view of the City's filming permit processing system and make recommendations to the C ity Council regarding ways to increase the system's efficiency and effectiveness;
L. Review, approve and issue permits for on-location filming on private property in the City; M. Perform such other duties as may be prescribed by the City Council. (Ord. 18 § 2, 2008, RCC § 5.16.070)

§ 5.20.080. Rules, regulations and fees.

Under the guidelines of Government Code Section 14999.30 et seq. (Uniform Film Permit Act), the issuing authority is authorized and directed to promulgate rules and regulations, subject to approval by resolution of the City Council, governing issuance of City filming permits. Included within such rules and regulations will be a schedule of fees covering the actual permitting process, as well as charges for personnel and property usage.
(Ord. 18 § 2, 2008, RCC § 5.16.080)

§ 5.20.090. Violations of permit—Cancellation.

If an applicant violates any provision of this chapter or a permit issued pursuant thereto, the City may cancel the permit.
(Ord. 18 § 2, 2008, RCC § 5.16.090)
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CHAPTER 5.24

DANCE HALLS, DANCE CLUBS AND PUBLIC DANCES

§ 5.24.010. Permit required.

A. It is unlawful for any person, association of pe rsons or corporations to conduct or assist in conducting any public dance hall, dance club or any public dance in the City outside of municipal corporations unless under and by authority of a written permit obtained under the provisions of this chapter.

B. Such permit shall be posted in a conspic uous place on the premises where the dance for which such permit is issued is conducted a nd shall remain so posted during all the time dancing is taking place.
(Ord. 18 § 2, 2008, RCC § 5.20.010)

§ 5.24.020. Permit issuance.

A. Permits to conduct public dan ce halls, dancing clubs or public dances in the City of Wildomar may be issued by the Chief of Police upon the written application of any person for him or herself, or on behalf of any association or corporation. Every such written application for a permit shall set forth the following facts:

1. The name and residence of the applicant or applicants, and if any applicant be a firm, the names and residences of the partners ther eof; if any applicant be an association, the names and residences of the officers and directors thereof; and also the name of any manager or employee who will be in charge of the dance hall, dance club or public dance;

2. The place for which the permit is desired or in which any dance is to be, or dances are to be held;

3. The number and date of the dances to be held under the permit;

4. Other pertinent information that the Chief of Police may require.

B. The Chief of Police before issuing any permit shall first satisfy him or herself that the conduct of such dance hall, dancing club or public dance will comport with the public welfare, and for such purpose shall consider any facts or evidence bearing on the place where the proposed public dance hall, dancing club or public dance is to be located, the character, reputation and moral fitness of those who will be in charge of it, and any other facts or evidence tending to enlighten the Chief of Police in this respect. (Ord. 18 § 2, 2008, RCC § 5.20.020)

§ 5.24.030. License fee.

A. A license fee of three dollars shall be payable with the application for each public dance, or a license fee of $25.00 may be paid in adva nce for all public dances at the same location during any one calendar month.

B. If the Chief of Police determines that the a ttendance of one or more police officers is necessary, the applicant shall in addition pay a supervision fee for each dance, which shall be based on a minimum of four hours per dance, or, at the applicant's option, a maximum 540
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of five hours per dance, for each such officer, and computed as follows:

1. For each hour, an amount equal to one and one-half times the hourly rate of pay for the ninth step of the salary range applicable to the class of Deputy Chief B as set forth in the current City salary ordinance;

2. Overhead as established by the current determ ination of the City Auditor-Controller; and

3. Mileage charges at the current City mileag e rates for official travel by City-owned vehicle. Such charges shall be computed from the nearest Police Department office or substation to the place of dance.
(Ord. 18 § 2, 2008, RCC § 5.20.030)

§ 5.24.040. Permit denial—Appeal.

If the Chief of Police shall deny a permit, the applicant may appeal to the City Council by filing written notice thereof with the Council or its Clerk within 10 days after such denial. Thereafter a hearing shall be held in the manner provided in Section 5.24.050. (Ord. 18 § 2, 2008, RCC § 5.20.040)

§ 5.24.050. City Council—Responsibilities.

The City Council may make rules and regulations governing the public dance halls, public dances and dancing clubs; and the public dance halls, public dances and dancing clubs shall be conducted in accordance with such rules and regulations and all laws of the State of California, and in such manner as will comport with the public welfare. All permits issued under the terms of this chapter may be suspended or revoked by the City C ouncil for good cause, after hearing by the Council upon notice to show cause why the permit should not be revoked. Notice may be given by mailing a copy of the notice to show cause to the owner or holder of the permit at the place of residence or address given in the application for the permit, at least 10 days prior to the date of hearing. (Ord. 18 § 2, 2008, RCC § 5.20.050)

§ 5.24.060. Definitions.

As used in this chapter:
"Dancing club" is defined to be any club or association of persons which conducts dances, other than public dances, for its members or bona fide guests more often than once per month, and a "club dance" is defined to be any dance held by a dancing club. "Public dance" is defined to be a gathering of persons upon any premises, other than premises used primarily as a hotel, where dancing is partic ipated in either as the main purpose of such gathering or incidental to some other purpose, and to which premises the public is admitted. "Public dance hall" is defined as a place where danc ing is conducted, whet her for profit or not for profit, and to which the public is admitted either with or without charge or at which the public is allowed to participate in the dancing, either with or without charge. (Ord. 18 § 2, 2008, RCC § 5.20.060)
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§ 5.24.070. Exemptions.

The provisions of this chapter relating to a li cense fee shall not be construed as applying to any dance held or conducted for the purpose of raising funds for any established or recognized charitable organization, or by any church, Sunday school, student body of any school, established or recognized youth organization, bona fide frate rnal organization, labor organization, Parent Teachers' Association, bona fide veterans' organization, bona fide civic or community organization or group, the primary purpose of whic h is the betterment of the cultural, social, economic, welfare and environment of the community.
(Ord. 18 § 2, 2008, RCC § 5.20.070)

§ 5.24.080. Minors.

It is unlawful for any minor person under the age of 18 years to enter, be or dance in any public dance hall, public dance, or club dance unless th e minor is accompanied by his or her parent or legal guardian, or unless the minor is a member of a party which is chaperoned by the parent or legal guardian of at least one member of the part y. It is unlawful for th e proprietor or person in charge of any public dance, public dance hall or club dance to permit any such minor to enter, be or dance in any such dance hall, public dance or dance club, during the time that dancing is in progress, unless so accompanied or chaperoned. It shall not be unlawful for any minor person under the age of 18 years to be in a bona fide hotel, cafe, or other place where meals are regularly served, and where a public dance is being held, in the event that such minor does not participate in the dancing therein.
(Ord. 18 § 2, 2008, RCC § 5.20.080)

§ 5.24.090. Hours of dance restricted.

No dance shall be conducted on any day between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 18 § 2, 2008, RCC § 5.20.090)

§ 5.24.100. Illumination of dance hall.

All public dance halls or places where public or club dances are held must at all times when open for dancing therein, or when dancing is being held therein, be brightly lighted throughout and the volume of illumination must not vary during the tim e such dance hall or public dance is open to the public or such club is open to its members or guests. (Ord. 18 § 2, 2008, RCC § 5.20.100)

§ 5.24.110. Intoxicated persons not permitted.

It is unlawful for any person in charge or assisting in the conduct of any public dance hall or any public dance or club dance to permit any intoxicated, boisterous or disorderly person to enter, be or remain in, or to assist in any such public dance hall, public dance or club dance; and it is unlawful for any person in an intoxicated condition to enter or remain in any public dance hall, public dance or club dance, or for any person to conduct himself or herself in a boisterous or disorderly manner in a public dance hall, public dance or club dance. (Ord. 18 § 2, 2008, RCC § 5.20.110)

§ 5.24.120. Dance instructors—Restrictions.

A. It is unlawful for any person, firm or corporation conducting, maintaining or carrying on a 542
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public dance hall, public dance or club dance, or having charge or control thereof, to permit any instructor who is under the age of 21 years to give instructions in dancing to persons of the opposite sex in any private room or booth in such public dance hall, public dance or club dance.

B. For the purpose of this section the term "priva te room or booth" shall include any room, booth, alcove or enclosure, every part of which is not clearly visible at all times from the main dance floor located upon the same floor upon which such private room or booth is located.

C. Providing that nothing in this section containe d shall be deemed or construed as applying to any place wherein classic dancing is the principal subject taught. (Ord. 18 § 2, 2008, RCC § 5.20.120)

§ 5.24.130. Paid dancing partners unlawful.

It is unlawful conducting, maintaining or carrying on any public dance hall, public dance or club dance to employ male or female persons for a salary per diem, or on commission, or for anything of value directly or indirectly, to act as dancing partners of the patrons, visitors or guests of any such public dance hall, public dance or club dance.
(Ord. 18 § 2, 2008, RCC § 5.20.130)

§ 5.24.140. Promulgation of rules and regulations—Chief of Police authority.

Subject to review by the City Council, the Ch ief of Police may make reasonable rules and regulations governing the conduct and operation of any public dance. He or she may, if he or she deems it necessary, require that the licensee employ and have present at all times during the public dance an attendant.
(Ord. 18 § 2, 2008, RCC § 5.20.140)

§ 5.24.150. Security personnel.

The Chief of Police shall determine the necessity for the attendance of security personnel to preserve order at each public dance. If the Chief determines that such attendance is necessary, he or she shall assign one or more police officers to be in continuous attendance at such dance unless he or she determines that other security personnel can adequately preserve order at such dance.

If the Chief determines that other security personnel can adequately preserve order at such dance he or she shall require that one or more security personnel be in continuous attendance at such dance. The presence of one or more police officers or other security personnel at any public dance shall not relieve the licensee of any existing obligation to maintain order. (Ord. 18 § 2, 2008, RCC § 5.20.150)

§ 5.24.160. Chapter provisions optional when.

This chapter shall not apply to any dance conducted by the City, any public or private school, or any established or recognized youth organization under active adult sponsorship, permanently located within the City, as a part of its recreation program or for the exclusive participation of its duly registered pupils or members, including adult sponsors; however, any such organization may elect to apply for a permit and to have one or more police officers present, in which event it shall pay the fees prescribed by this chapter.
(Ord. 18 § 2, 2008, RCC § 5.20.160)
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§ 5.24.170. Violation—Penalty.

A. It is unlawful for any person to violate any prov ision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vi olation of any of the provisions of this chapter is committed, continued or permitted.

B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation. The third and any additional violations shall constitute a misdemeanor offe nse and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a mi sdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation. (Ord. 18 § 2, 2008, RCC § 5.20.170)
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CHAPTER 5.28

FORTUNETELLING AND SIMILAR ACTIVITIES

§ 5.28.010. Findings.

A. The City finds that the regulation of the pr actice of fortunetelling is a matter of public concern.

B. The City finds that the peace and safety of its citizens is served by regulating the practice of fortunetelling.

C. The adoption of the ordinance codified in this chapter is in consideration of the findings as are enumerated in subsections A and B of this section.
(Ord. 18 § 2, 2008, RCC § 5.24.010)

§ 5.28.020. Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section.
"Chief of Police" means the Police Chief of the City or his/her designated representative. "Establishment" means the premises, location or place advertised or used or proposed to be used for the practice of fortunetelling in exchange for payment. "Fortuneteller" means any pe rson who advertises by sign, ci rcular, handbill, newspaper, periodical, magazine or any other means whatso ever the practice of fortunetelling, or who engages in the practice of fortunetelling for payment and shall include any person who advertises or practices as a psychic or spiritual reader or spiritual counselor. "Fortunetelling" means the telling of fortunes and forecasting of futures by means of the occult, psychic power, faculty, force, clairvoyance, clairaudience, cartomancy, numerology, hypnosis, phrenology, spirits, tea leaves or other such r eading, mediumship, seership, augury, astrology, palmistry, necromancy, mindreading, telepathy, or other craft, art, science, cards, talisman, charm, potion, magnetism, magnetized article or substance, cunning or foresight, crystal gazing, mysteries or magic of any kind or nature, when such is performed in exchange for payment. "Payment" means a fee, reward, donation, gratuity, loan, compensation or the receipt of anything of value in exchange for the practice of fortunetelling. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.
(Ord. 18 § 2, 2008, RCC § 5.24.020)

§ 5.28.030. License requirement.

A. No person shall conduct, own, operate or advertise for an establishment in the City of Wildomar in which the practice of fortunetelling is carried out, if such person does not hold a valid license issued pursuant to this chapter.

B. No person shall engage in or hold himself or herself out as engaged in the practice of fortunetelling in the City if such person does not hold a valid license issued pursuant to this chapter.

C. No person shall employ in return for paym ent any person who practices fortunetelling or 545
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who offers to or solicits to perform fortunetelling or who holds himself or herself out to be a fortuneteller, if such person does not hold a valid license issued pursuant to this chapter.

D. Each and every person engaged or who proposes to engage in the practice of fortunetelling shall obtain a separate and individual applicati on for license pursuant to this chapter as set forth in this section and shall pay the separat e and individual application and renewal fees therefor. This shall include persons who enga ge in the practice of fortunetelling under one common establishment.

E. No license shall be issued pursuant to this chapter to any individual under the age of 18 years.

F. No license issued pursuant to this chapter, whether original or a renewal, shall be transferable to a person other than the person to whom issued.

G. All licenses and fees required by this chapter sha ll be in addition to any license, permit or fee required by any applicable provision of any statute, regulation, code or other ordinance. (Ord. 18 § 2, 2008, RCC § 5.24.030)

§ 5.28.040. Exemptions from license requirement.

This chapter shall not apply to:

A. Any person solely by reason of the fact that he or she is in the business of entertaining the public by demonstrations of mind reading, me ntal telepathy, thought conveyance, or the giving of horoscopic readings, at public places and in the presence of and within the hearing of other persons and at which no questions ar e answered, as part of such entertainment, except in a manner to permit all persons present at such public place to hear such answers, when not conducted in connection with the business of fortunetelling; B. Any person who conducts or participates in any religious ceremony or service when such person holds a certificate of ordination as a minister, missionary, medium, healer or clairvoyant from any bona fide church or re ligious association maintaining a church and holding regular services, and having a creed or set of religious principles that is recognized by all churches of like faith, provided that any and all fees, gratuities, donations, emoluments and profits thereof shall be regularly accounted for and paid solely to or for the benefit of the church or religious association.
(Ord. 18 § 2, 2008, RCC § 5.24.040)

§ 5.28.050. Land use and building and safety requirements.

Every person who engages in fortunetelling and who holds a license issued pursuant to this chapter shall maintain a fixed establishment for the practice, and shall conduct the practice only on the premises of such fixed establishment and su ch person and establishment shall comply in full with the applicable provisions of Title 17 of this Code as well as all other applicable land use, building, fire, health and safety statutes, regulati ons, codes and ordinances. Failure or refusal to so comply shall be grounds for the denial of an application for license under this chapter, or as appropriate, the suspension or revocation of a license issued pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.24.050)

§ 5.28.060. License application, fees and other requirements. 546
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A. An application for a license pursuant to this chapter shall be made to the Chief of Police on forms to be provided by the Chief. The li cense application, when completed by the applicant, shall contain the following information submitted under penalty of perjury:

1. The full name, present residence and business addresses and the present residence and business telephone numbers of the applicant;

2. Any and all maiden, fictitious or other names ever used by the applicant;

3. All residence and business addresses of the applicant for a five-year period prior to the date of application;

4. The birth date and place of birth of the applicant;

5. The Social Security number and Calif ornia Driver's License or California Identification Card number, or other government-issued identifying item deemed satisfactory for such purpose by the Chief of Police;

6. The applicant's height, weight, hair a nd eye color, and a description of all distinguishing marks, scars and tattoos borne by the applicant;

7. The business, occupation and employment history of the applicant for a period of five years prior to the date of application;

8. The name or names under which the applicant proposes to or does conduct the practice of for-tunetelling and the telephone number of th e premises where such activity is to be carried on;

9. The name or names, both true and fictiti ous, and addresses, of any and all persons holding any interest or having any invo lvement in the establishment wherein the applicant proposes to or does conduct the practice of fortunetelling;

10. A statement of any and all criminal convic tions, except minor traffic infractions, of the applicant, includ ing the nature of such convic tions, the date and place they occurred and the sentences therefor;

11. A listing of all fortunetelling and similar licenses or permits currently and previously held by the applicant and information as to whether any such license or permit has ever been suspended or revoked or an application for such license or permit denied, and the details of such suspension, revocation or denial, including but not limited to the date, place and reasons therefor;

12. The names and addresses of three persons w ho have known the applicant for at least three years and who will serve as character witnesses for the applicant;

13. Such other identification and information as the Chief of Police may, in his or her discretion, deem necessary to discover a nd establish the validity of the material hereinabove specified as required to be set forth in the application.

B. In addition to the completed application as spec ified in subsection A of this section, each applicant shall submit to the Chief of Poli ce, contemporaneously with the completed application, the following:

1. A California Driver's License or California Identification Card, or other valid 547
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documentary evidence satisfactory to the Chie f of Police, of the age and identity of the applicant. To be satisfactory, this do cumentary evidence of age and identity shall be of official issue of some governmental agency, be currently valid, and contain a photograph of the applicant, the applicant' s signature, and information respecting the applicant's weight, height, color of eyes and hair, sex, age and date of birth. Birth certificates shall not be considered satisfactory evidence of age or identity;

2. A nonrefundable application fee consisting of the sum of $130.00 plus such sum as is currently charged by the Department of Justice of the State of California for a fingerprint check of an individual.

C. At the time of the submission of the application and the other items as specified in subsections A and B of this section, each applicant shall submit to the following:

1. A photograph of the applicant, to be taken by the Chief of Police;

2. Fingerprints of the applicant, to be taken by the Chief of Police. (Ord. 18 § 2, 2008, RCC § 5.24.060)

§ 5.28.070. Investigation.

A. Upon compliance with all of the requirements of Sections 5.28.050 and 5.28.060, the Chief of Police shall conduct and complete an investigation of the moral character and reliability of the applicant and shall either grant or de ny the license within a period of 30 days after the submission of the completed applicati on and the other items required by Section

5.28.060.

B. Where the Chief of Police determines that good cause exists therefor, the Chief may extend the period of investigation for a period of time not to exceed 30 days; provided, that the applicant is notified, in writing, that the i nvestigation has not been completed and that the time has been extended and the duration of and reason for such extension. (Ord. 18 § 2, 2008, RCC § 5.24.070)

§ 5.28.080. Term of license and renewal.

A. Licenses issued pursuant to this chapter shall be valid for a period of one year from the date of issuance.

B. A valid license may be renewed for a period of one year upon written application to the Chief of Police made not later than 15 days after the date of expiration of the current license.

Said renewal application shall be accompan ied by a nonrefundable renewal fee in the amount of $100.00.
(Ord. 18 § 2, 2008, RCC § 5.24.080)

§ 5.28.090. Denial of license application.

A. The Chief of Police shall not grant any app lication nor issue any license or any renewal thereof pursuant to this chapter where any of the following occurs with respect to the particular application.

1. The applicant fails or refuses to furnish th e information or other items required by Section 5.28.060 or the applicant submits false or misleading information or items; 548
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2. The fortunetelling establishment does not comply with all of the applicable land use, building, fire, health and safety statutes, regulations, codes and ordinances;

3. Upon receipt by the Chief of Police of ev idence satisfactory to the Chief that the applicant has been convicted of or has entere d a plea of guilty or nolo contendere to any violation of any provision of this chapter or any other statute, regulation, code or ordinance relating to morals, theft, fraud or narcotics or other controlled substance, unless the Chief finds that the subject offen se occurred more than five years prior to the date of application.

B. Notice of denial of an application for a license pursuant to this chapter or a renewal thereof shall be given to the applicant, in writing, and shall specify the grounds for such denial.

Such notice shall be deemed to have been served upon personal delivery to the applicant, or five days from the date such notice is deposited in the United States mail with prepaid postage affixed thereon and addressed to the applicant at his or her last known address. (Ord. 18 § 2, 2008, RCC § 5.24.090)

§ 5.28.100. Suspension and revocation of license.

A. The Chief of Police shall revoke any license issued pursuant to this chapter upon any grounds for which he or she may have denied the application for the license or upon the conviction of or upon the entry of a plea of gu ilty or nolo contendere for any violation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with the peace, health, safety or general welfare of the public.

B. The Chief of Police may suspend any license for a period up to 90 days, upon any grounds for which he or she may have denied the a pplication for the license or upon the conviction of or upon the entry of a plea of guilty or nolo contendere for any violation of any provision of this chapter or where the operation of the establishment or the licensee's conduct of fortunetelling does not comport with peace, health, safety or general welfare of the public; provided, however, that the sole purpose of su ch suspension shall be to afford the licensee an opportunity to correct or remedy the groun ds upon which such suspension is based. In the event the grounds are not so remedied with in the time afforded by the suspension, or where the Chief of Police determines that such remediation cannot or will not occur in a timely manner, the Chief shall have discreti on to terminate the suspension forthwith and revoke the subject license.

C. To revoke or suspend a license issued pursuant to this chapter, the Chief of Police shall serve upon the licensee a notice, in writing, of such suspension or revocation, specifying the grounds for such suspension or revocation and in the case of suspension, the duration of such suspension. Such notice shall be deem ed to have been served upon personal delivery to the licensee, or five days from the date such notice is deposited in the United States mail with prepaid postage affixed thereon and addressed to the licensee at his or her last known address.

D. A revoked permit shall be surrendered to the Chief of Police not later than 10 days following receipt by the licensee of notice of revocation.

E. A licensee whose license has been revoked may not re-apply for a new license pursuant to this chapter for a period of one year from the date of revocation unless the City Council, 549
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upon the written request of the licensee and fo r good cause shown, shall determine that some shorter period shall apply. Such request shall be made in conjunction with and as part of an appeal pursuant to Section 5.28.110 and the procedural provisions of Section 5.28.110 shall be applicable thereto.
(Ord. 18 § 2, 2008, RCC § 5.24.100)

§ 5.28.110. Appeals from suspensions and revoc ations of licenses and denials of license applications.

Within 30 days of the service of notice of suspen sion or revocation of a license issued pursuant to this chapter or a notice of denial of an a pplication for a license pursuant to this chapter or renewal thereof, the licensee or applicant may a ppeal the suspension, revocation or denial by filing a notice of appeal, in writing, with the City Clerk. The notice of appeal shall set forth the reason or reasons the appellant believes the susp ension, revocation or denial is improper. The Clerk shall give written notice to the appellant of the time and place of the appeal hearing, said notice to be given in the manner specified in Sections 5.28.090 and 5.28.100 for the service of notices of suspension, revocation and denial. The appeal shall be heard by the City Council and such hearing shall be scheduled by the City Clerk for a time not later than 30 days from the receipt by the Clerk of the notice of appeal, except that upon a request made prior to the hearing, in writing, and directed to the Clerk, the hearing may be continued to a later date. The City Council may, after hearing the appeal, affirm, amend or reverse the suspension, revocation or denial, and may take such other action as it deems appropriate. In conducting the appeal hearing, the Council shall not be bound by the formal rules of evidence. To be admissible, evidence shall be of the type upon which responsible persons are accustomed to rely in the conduct of serious affairs. (Ord. 18 § 2, 2008, RCC § 5.24.110)

§ 5.28.120. Notification of changes.

A. Any person who holds a valid license issued pursu ant to this chapter or whose application for a license under this chapter is pending, shall report to the Chief of Police, in writing, of any change in the ownership of the establis hment owned or operated by such person or where such person is employed in an establishment, any change in the geographical location of such establishment, or any material change in any of the information contained in the license application or the application for renewa l thereof. Such report shall be made not later than 10 days after the licensee or applicant learns of such change.

B. Such change shall be approved by the Chief of Police upon his or her determination that the provisions of this chapter and all other applicable statutes, regulations, codes and ordinances have been fully met and upon the payment by the licensee or applicant of a non-refundable change fee in the amount of $50.00.

C. Failure to make such report as required by this section, shall be grounds for the suspension or revocation of a license issued pursuant to this chapter or the denial of an application for a license or the renewal thereof pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.24.120)

§ 5.28.130. Display of license.

A license issued pursuant to this chapter to a fortuneteller or to a person who owns, operates, conducts or maintains an establishment shall be prominently displayed at the establishment thus 550
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licensed and at such establishment where the person thus licensed engages or proposes to engage in fortunetelling.
(Ord. 18 § 2, 2008, RCC § 5.24.130)

§ 5.28.140. Hours permitted.

It is unlawful to keep open to the public a ny establishment or to conduct any fortunetelling activity on any day of the week between the hours of 12:00 midnight and 7:00 a.m. (Ord. 18 § 2, 2008, RCC § 5.24.140)

§ 5.28.150. Records.

Every person operating an establishment under a license issued pursuant to this chapter shall keep accurate business records. These records shall be maintained and open for inspection for a period of three years and shall be kept on the premises of the establishment. Failure or refusal to keep and maintain such records as provided herein sh all be grounds for the suspension or revocation of a license issued pursuant to this chapter.
(Ord. 18 § 2, 2008, RCC § 5.24.150)

§ 5.28.160. Inspections.

The Chief of Police shall have the right to en ter the establishment from time to time as deemed appropriate by the Chief and not less than once per year for the purpo se of conducting therein a reasonable inspection to insure that all of th e applicable provisions of law are being complied with therein. Such inspections shall be made during reasonable hours, and such inspections may, in the discretion of the Chief of Police, be made without prior notice to the owner or operator of the establishment. As a condition of the issuance of a license pursuant to this chapter, each owner and operator of an establishment shall agree to allow such entry and inspection and such agreement shall be made a part of the license app lication. Failure or refusal on the part of the owner or operator of an establishment to allow such inspection shall be grounds for denial of an application for a license pursuant to this chapter or for suspension or revocation of a license issued pursuant to this chapter.
(Ord. 18 § 2, 2008, RCC § 5.24.160)

§ 5.28.170. Adjustments of fees.

All of the fees set forth in this chapter shall be in effect until the City Council shall, by resolution, fix some other fees upon the basis of a cost-analysis as determined by the City Auditor-Controller. (Ord. 18 § 2, 2008, RCC § 5.24.170)

§ 5.28.180. Violations—Penalties.

Any person who violates any provision of this chapter shall be guilty of an infraction, except that where a person has been convicted of such violation three or more times within a 24-month period immediately preceding the commission of a violation of any provision of this chapter, such person may, at the option of the prosecuting authority, be guilty of a misdemeanor. If convicted of an infraction hereunder, the offense shall be punishable by: (1) a fine not exceeding $100.00 for the first violation; (2) a fine not exceeding $200.00 for the second violation within one year; (3) a fine not exceedi ng $300.00 for each additional vi olation within one year. If convicted of a misdemeanor hereunder, the offense shall be punishable by a fine not to ex ceed 551
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$1,000.00 or by imprisonment for a period of not more than six months, or by both such fine and imprisonment. Each day a violation is committe d or permitted to conti nue shall constitute a separate offense.
(Ord. 18 § 2, 2008, RCC § 5.24.180)

§ 5.28.190. Other remedies.

The provisions of Section 5.28.180 are to be cons trued as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (Ord. 18 § 2, 2008, RCC § 5.24.190)
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CHAPTER 5.32

GARAGE SALES

§ 5.32.010. Garage sale defined.

As used in this chapter "garage sale" means the sale, or offering for sale, of personal property in, at or upon any property used or occupied for residential purposes. Garage sales shall include, but not be limited to, any yard sale, home sale, patio sale, or any other sale similarly conducted on any property used or occupied for residential purposes. (Ord. 18 § 2, 2008, RCC § 5.28.010)

§ 5.32.020. Unauthorized sales prohibited.

No person, firm, association or co rporation shall sell, offer for sale, or assist in the sale of personal property to the general public at a garage sale except as permitted by this chapter. (Ord. 18 § 2, 2008, RCC § 5.28.020)

§ 5.32.030. Exemptions.

The provisions of this chapter shall not apply to the following:

A. Sales by charitable or religious organizations when the sale proceeds are used solely for charitable or religious purposes;
B. Sales conducted pursuant to process or order of any court; C. Sales where the sale is not to be conducted on a designated date or dates and the personal property offered for sale is not openly displayed to the public; D. Sales otherwise expressly permitted by law.
(Ord. 18 § 2, 2008, RCC § 5.28.030)

§ 5.32.040. Frequency and time of sales limited.

No person, firm, association or corporation shall conduct more than three garage sales during any period of 12 consecutive months, nor shall more th an three garage sales be conducted upon any lot or parcel of land during any period of 12 consecutive months. No garage sale shall be conducted between the hours of 8:00 p.m. to 8:00 a.m. or be conducted for longer than three consecutive days.
(Ord. 18 § 2, 2008, RCC § 5.28.040)

§ 5.32.050. Display.

All personal property offered for sale shall be arra nged so that fire, police, health and other officials may have access for inspection at all times during the sale. Personal property offered for sale shall not be displayed or stored on adjoining public sidewalks, streets, or rights-of-way. (Ord. 18 § 2, 2008, RCC § 5.28.050)

§ 5.32.060. Signs.

A. No sign advertising a garage sale shall be posted, erected or maintained except on the premises where such sale is to be held. No more than one unlighted sign advertising a 553
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garage sale may be posted, erected or mainta ined on the premises where such sale is to be held; provided, however, that no such sign may be posted, erected or maintained on the public right-of-way. Any such sign posted, erected or maintained on the public right-of-way may be immediately and without notice rem oved by the road commissioner. The road commissioner may thereafter bill the responsible party for the reasonable costs of such removal.

B. No sign posted, erected or maintained as provided for in this section shall exceed four square feet in area. No such sign shall be mainta ined for a period of more than five days immediately preceding the lawful commencement of the garage sale. Each such sign shall be removed at or before the close of the last day on which the garage sale may be lawfully conducted.
(Ord. 18 § 2, 2008, RCC § 5.28.060)

§ 5.32.070. Violation—Penalty.

Any person, firm, association, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon convictio n thereof shall be punishable by a fine not exceeding $1,000.00 or by impris onment for a term not exceeding six months, or by both such fine and imprisonment.
(Ord. 18 § 2, 2008, RCC § 5.28.070)
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CHAPTER 5.36

MASSAGE BUSINESSES

Note: Prior history: RCC §§ 5.32.050, 5.32.070 and 5.32.080.

§ 5.36.010. Definitions.

Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from th e context thereof that some other meaning is intended.
"CAMTC" means the California Massage Therapy Council.
"City Manager" means the City Manager of the City of Wildomar or designee. "Disqualifying conduct" means any of the following conduct:

1. Within five years of the date of filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. Any misdemeanor or felony offense which relates directly to the operation of a massage business; or
b. Any felony the commission of which occurred on the premises of a massage business.

2. Within five years of the date of the filing of an application for a license or, in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has had any massage business license, or a similar license or permit, issued by any state, county or city revoked.

3. Within five years of the date of the filing of the application for a license, or in the case of revocation or suspension proceedings, within five years of the date of notice of a revocation or suspension hearing, the person has pleaded guilty or no contest to, or been convicted in a court of competent jurisdiction of:
a. Any violation of Section 266(h), 266(i), 314, 315, 316, 318, or 647(a) or 647(b) of the California Penal Code;
b. Conspiracy or attempt to commit any such offense; or c. Any offense in a jurisdiction outside the State of California which is the equivalent of any of the aforementioned offenses and contains all of the same elements.

4. The person is required to register under Section 290 of the California Penal Code.

5. The person has been subjected to perman ent injunction against the conducting or maintaining of a nuisance under Sections 11225 through11235 of the California Penal Code or any similar provisions of law in a jurisdiction outside the State of California. "License" means the license to operate a massage business as required by this chapter. "Licensee" means a person who is issued a massage business license under this chapter. 555
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"Massage" means the scientific manipulation of th e soft tissues, including, without limitation, any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the human body by any physical or mechanical means, with or without such supplementary aids as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment or other simila r preparations. Where applicable, this definition of "massage" may include alternative modalities and techniques including, but not limited to, Reiki, reflexology, applied kinesiology, hypnotherapy, polarity therapy, positional release (strain counter strain), Alexander technique, Bowen ther apy, Feldenkrais Method, Hellerwork, energy balancing, Trager therapy, aromatherapy and essential oil therapy. "Massage business" means a fixed location wher e any person performs, or permits to be performed, massage for consideration.
"Massage technician" means any person who, for consideration, administers to another person a massage and who is certified by the CAMTC as a "massage therapist" or "massage practitioner," as those terms are defined in Business and Professions Code Section 4601. "Outcall massage business" means a massage business that does not operate from a fixed location. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.
"Practice of massage" means the performance of massage for compensation. (RCC § 5.32.010; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.020. License required to conduct massage business.

A. No person shall conduct a massage business in th e City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and possesses a valid massage business license.

B. No person shall conduct an outcall massage bus iness in the City unless such person is 18 years of age or older, has obtained a business registration pursuant to Chapter 5.68 of this Code, and is certified by the CAMTC as a massage therapist or massage practitioner. (RCC § 5.32.020; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.030. Exemptions.

The provisions of this chapter shall not apply to:

A. Any school approved by the CAMTC as meeting the minimum standards for training and curriculum in massage and related subjects, as defined in Business and Professions Code Section 4601(a).

B. Trainers for any amateur, semi-professional or professional athlete or athletic team or school athletic program.

C. Licensed hospitals and nursing homes.

D. Other licensed medical facilities in which mass age is performed as a prescribed treatment only on patients of the medical facility.

E. Barbershops, beauty shops and nail salons pr ovided that any massage services performed 556
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or provided are incidental or accessory to the hair and nail services offered and within the scope of any barber's, beautician's, or manicurist's California license. (RCC § 5.32.030; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.040. Massage business operating requirements.

A massage business shall meet the following minimum requirements:

A. Conduct, or otherwise operate, a massage business only between the hours of 7:00 a.m. and 10:00 p.m.;
B. Post a list of services available, described in readily understandable language, and the cost of such services in a conspicuous place on the premises in which the massage business is located;
C. Only persons certified as a massage practitioner or massage therapist by the CAMTC shall be permitted to engage in the practice of massage within a massage business; D. Display the massage business license, and a copy of the CAMTC certificate of each massage technician that engages in the practice of ma ssage therein, in a conspicuous place in the premises in which the massage business is located;
E. Maintain a record which includes the date and time of each massage, the name and address of the patron, the name of the person administ ering such massage and the type of massage given. Such records shall be made available, upon request, for inspection by the City Manager. The information contained in such records shall be confidential; F. Provide a minimum of one toilet and wash basin facility. Each wash basin shall be provided with soap or detergent and single service towels placed in permanently installed dispensers.

A trash receptacle shall be provided in each room where such facilities are located; G. Maintain lighting intensity of not less than 70-footcandle power at floor level in any public room, enclosure, or hallway and in each pr ivate room or enclosure where massages are administered;
H. Maintain walls, ceilings, floors, pools, showers, bathtubs, water basins, toilets, wet and dry heat rooms, steam or vapor rooms and cabinets and all other facilities in good repair and in a clean and sanitary condition. Showers, water basins, toilets, wet and dry heat rooms, steam or vapor rooms, and cabinets and compartmen ts shall be thoroughly cleaned at least once each day the massage business is in operation. Bathtubs shall be thoroughly cleaned after each use;
I. Provide clean and sanitary towels, sheets and linens for each patron. No common usage of towels, sheets and linens shall be permitted. Towels, sheets and linens shall be provided in sufficient quantity and shall not be used by more than one person unless such towels, sheets and linens have been relaundered. Heavy wh ite paper may be substituted for sheets; provided, however, that such paper is used only for one person and then discarded into a sanitary receptacle. Separate closed cabinets or containers shall be provided for the storage of clean and soiled towels, sheets and linens, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen";
J. Provide disinfecting agents and sterilizing eq uipment sufficient to assure the cleanliness and safe condition thereof for any instruments used in the performance of any massage and 557
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such instruments must be disinfected and sterilized after each use; K. Provide a massage table or chair in each room or enclosure where massage is performed.

All sides of the table or chair must be positi oned at least two feet from the nearest wall to allow access to the table on all sides. Foam pa ds at least two inches thick with a minimum width of two feet and a maximum width of four feet may be used on a massage table, provided that such pads are covered with dura ble, washable plastic or other waterproof material;
L. All exterior doors to the massage business shall remain unlocked during business hours, except that exterior doors may be locked if the massage business is owned by one person with one or no employees or independent contractors;
M. Massage technicians practicing massage within the massage business shall be clothed in a manner that is consistent with the requireme nts of Business and Professions Code Section 4609(a)(10) while engaged in the practice of massage or visible to clients of the massage business.
(RCC § 5.32.040; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.050. Application for massage business license and renewals.

A. Applications for a massage business license, or for a renewal of such license, shall be filed with the City Manager on forms prescribed by the City, and shall be signed under penalty of perjury. The City Council may establis h by resolution fees for initial and renewal applications to defray the cost of processing each such applications. The application shall include all of the following information:

1. The location, mailing address and all telephone numbers of the massage business.

2. A site plan depicting the building or un it proposed for the massage business and a dimensional interior floor plan depicting how the massage business will comply with all applicable requirements of this chapter.

3. A description of the type of ownership of the massage business. a. If the applicant is a corporation, the application must state the name of the corporation exactly as shown in its ar ticles of incorporation, the date of incorporation and the names and residence addresses of each of the officers and directors of such corporation and of each stockholder owning more than 10% of the stock of the corporation, and the address of the corporation itself, if different from the address of the massage business.
b. If the applicant is a partnership, the names and addresses of each of the partners including limited partners, and the address of the partnership itself, if different from the address of the massage business must be provided. c. An applicant corporation or partnership must designate one of its officers or partners to act as the responsible officer and such designated person must sign all application forms required of an individual applicant. Such responsible officer must at all times meet the requirem ents set forth in this chapter, or the license will be suspended until a new responsible officer who meets all such requirements is designated.
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4. The following personal information:
a. Name and residence address of each applicant.
b. The two previous residential addresses immediately prior to the present address of the applicant.
c. Proof that the applicant is at least 18 years of age. d. The applicant's height, weight, color of eyes and hair, and sex. e. Photo identification which may be eith er a driver's license, State issued identification card, or passport.
f. Upon submission of the initial license application: three portrait photographs of the applicant at least tw o inches by two inches and a complete set of the applicant's fingerprints. If the appli cant is a corporation, three portrait photographs at least two inches by two inches of all officers and managing agents of such corporation and a complete se t of the same officers' and agents' fingerprints. If the applicant is a partnership, three portrait photographs at least two inches by two inches in size of each pa rtner, including a limited partner in such partnership, and a complete set of each partner's or limited partner's fingerprints. All sets of fingerprints must be taken by the city's law enforcement agency.
g. Business, occupation, or employment of the applicant for the three years immediately preceding the date of application.
h. The massage or similar business license history of the applicant. Such information must include a statement as to whether or not such person, in operating a massage business under a permit or license, has had such permit or license revoked or suspended and the reasons for such revocation or suspension.

Such information must also include the business, activity or occupation the license applicant engaged in subsequent to such action of revocation or suspension.
i. All criminal convictions other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes and place convicted, and full statement of the disposition of all such actions.

5. The hours of operation and a detailed description of all services to be provided at the massage business. If the list of services requi red to be posted under this chapter will be in any language other than in English, such list must accompany the application for a license, and a translated copy of the list must also be submitted in English.

6. The name and address of any massage business owned or operated by any applicant.

7. A description of any other business to be operated on the same premises or on adjoining premises owned or controlled by the applicant.

8. Proof of consent to the operation of a massage business by the property owner or the owner's authorized agent. Continuing proof of such consent is also required at the time of license renewal.
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9. Authorization for the City and its agen ts to seek information and conduct an investigation into the truth of the statem ents set forth in the application and the qualifications of the applicant for the li cense and to inspect the premises of the proposed massage business.

10. Such other information as may reasonably be deemed necessary by the City Manager.

11. A dated statement signed by the applicant certifying under penalty of perjury that the information contained in the application is true and correct.

B. All licenses shall be valid for a period of one year following issuance. Applications for renewal thereof shall be filed no more than 60 days and no less than 30 days prior to the expiration of such period. No application for renewal shall be filed with, or accepted by, the City Manager after the expiration of such period.

C. Upon receipt of an application for a massage bus iness license or renewal thereof, the City Manager shall cause an inspection to be made of the premises within which a massage business is to be conducted within 20 days to ascertain if such premises are in compliance with the provisions of this chapter, other applicable ordinances of the City and the laws of the State of California. If such premises are not in compliance, the City Manager shall notify the applicant, in writing, of the deficienci es, and shall cause the re-inspection of such premises to be made upon written request by the applicant; provided, however, that such request for re-inspection is made within 30 days after notice of noncompliance has been given by the City Manager.

D. Upon receipt of an application for a massage bus iness license or renewal thereof, the City Manager shall investigate the truth of the matters set forth in the application and may cause an inspection of the premises to be conducte d. The City Manager may make inquiries to any office or City department and to any fede ral, state or local agency which the City Manager deems essential to carry out a proper investigation of the applicant. (RCC § 5.32.060; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.060. Grounds for denial, suspension or revocation of a license.

A. The City Manager may deny an application for any massage business license, or renewal thereof, if he or she finds:

1. That the applicant has knowingly made any false, misleading or fraudulent statement of a material fact in the application or any document in connection therewith;

2. That the applicant has engaged in disqualifying conduct;

3. That the massage business premises are not in compliance with the provisions of this chapter, other applicable ordinances of the City, and the laws of the State of California; or

4. That the applicant is less than 18 years of age.

B. The City Manager may suspend or revoke a massage business license if he or she finds:

1. That the licensee has violated any of the pr ovisions, or failed to comply with any of the requirements, of this chapter;
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2. That the licensee has engaged in disqualifying conduct;

3. The licensee has engaged in fraud, misrepr esentation or made a false statement in connection with the operation of the massage business;

4. The licensee has continued to operate the massage business after the license has been suspended;

5. A person has engaged in the practice of, or offered to engage in the practice of, massage at the licensee's massage business who does not have a valid massage practitioner or massage therapist certification from the CAMTC;

6. A person has engaged in disqualify conduct at the licensee's massage business. (RCC § 5.32.090; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.070. Appeal.

If, after an investigation, the City Manager proposes to suspend or revoke a license or deny an application for such license, he or she shall prepare a notice of such intention setting forth the reasons therefor, and such notice shall be served personally on the licensee or applicant, or sent by registered or certified mail, postage prepaid, return receipt requested, to the licensee's or applicant's address as provided in the application. The notice shall set a date, time and place for a hearing relative to such suspension, revocation or denial before the City Manager, which date shall be not less than 10 days after service of the notice. Unless the licensee or applicant requests to be heard at the time and place specified in such notice within seven days after service thereof, the proposed decision set forth in the notice shall be final as of the date set for hearing by such notice. If a hearing is requested and the City Ma nager decides to suspend or revoke the license, or deny the application, the licensee or applicant may appeal the decision by filing with the City Clerk, within 10 days after the date of such decision, a written notice of appeal briefly setting forth the reasons why such suspension, revocation or denial is not proper, otherwise such decision shall be final. The City Clerk shall give written notice of the time and place of the hearing to the appellant. Such appeal shall be heard by the City Council which may a ffirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the Council shall not be limited by the technical rules of evidence. (RCC § 5.32.100; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.080. Inspection.

The City Manager may, from time to time, cause an inspection to be made of the premises and facilities of each massage business lo cated within the City of Wildomar to ensure compliance with this chapter.
(RCC § 5.32.110; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.090. Licenses not transferable.

No license issued pursuant to th is chapter shall be transferable from one person to another.

A massage business license shall be issued for a specific location, and shall in no event be transferable from one location to another.
(RCC § 5.32.120; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016) 561
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§ 5.36.100. Violations—Penalties.

Any person or licensee violating any of the provi sions, or failing to comp ly with any of the requirements, of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed $1,000.00 or imprisonment for a period of not more than six months, or by both such fine and impris onment. Each day a violation is committed or permitted to continue shall constitute a separate offense. (RCC § 5.32.130; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016)

§ 5.36.110. Other remedies.

The provisions of Section 5.36.100 are to be cons trued as added remedies and not in conflict or derogation of any other actions or proceedings or remedies otherwise provided by law. (RCC § 5.32.140; Ord. 18 § 2, 2008; Ord. 110 § 1, 2016) 562
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CHAPTER 5.40

SEX-ORIENTED BUSINESSES

§ 5.40.010. Findings.

Prior to the adoption of the ordinance codified in this chapter, the City Council reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and properties immediately surrounding established sex-oriented businesses. The studies reviewed included those prepared by the cities of Austin, Texas; Taylor, Michigan; Detroit, Michigan; Indianapolis, Indiana; Garden Grove, California; Los Angeles, California; Phoenix, Arizona; and the Report of the Minnesota Attorney General's Working Group on the Regulation of Sexually Oriented Businesses. Based on its revi ew of such studies, the City Council believes the following statements to be true:

A. Sex-oriented businesses increase crime in general and sex-related crimes in particular; B. Crime rates are higher in residential ar eas surrounding sex-oriented businesses than in commercial or industrial areas surrounding sex-oriented businesses; C. Crime rates are higher in areas where sex-orie nted businesses are closely situated to one another than in areas where sex-oriented businesses are separated from one another; D. The presence of sex-oriented businesses in clo se proximity to residential areas has been shown to reduce property values in those areas;
E. The image of the City as a pleasant and attrac tive place to reside and to conduct business will be adversely affected by the presence of sex-oriented businesses in close proximity to residential uses, religious institutions, parks and schools; F. Sex-oriented businesses should be regulated to pr event deterioration and/or degradation of the vitality of the community, but such regulations should give persons desiring to patronize such businesses an opportunity to do so; and
G. Sex-oriented businesses should be regulated through zoning or other mechanisms that will separate such businesses from those land uses with which they are incompatible. (Ord. 18 § 2, 2008, RCC § 5.44.010)

§ 5.40.020. Intent.

A. It is the intent of this chapter to regulat e sex-oriented businesses, to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious eff ects of sex-oriented businesses from occurring within the City.

B. It is neither the intent nor the effect of this chapter to impose limitations or restrictions on the content of any communicative material. Simila rly, it is neither the intent nor the effect of this chapter to restrict or deny access by adults to sex-oriented materials or to deny access by the distributors or exhibitors of sex-oriented businesses to their intended market.

C. Nothing in this chapter is intended to aut horize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or any statute of the State of California regarding public nuisances, unlawful or indecent exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition 563
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or public display thereof.
(Ord. 18 § 2, 2008, RCC § 5.44.020)

§ 5.40.030. Definitions.

For purposes of this chapter, the following words and terms shall have the following meanings:
"Chief of Police" means the Police Chief of the City or his/her designated representative. "Individual viewing area" means a viewing area designed for occupancy by one person. "Owner" or "permittee" means:

1. The sole proprietor of a sex-oriented business;

2. Any general partner of a partnership which owns and operates a sex-oriented business; or

3. Any officer of, or person with a 10% or greater interest in, a corporation which owns or operates a sex-oriented business.
"Premises" means the building occupied by a sex-oriented business, or the space in a building occupied by a sex-oriented business if the business does not occupy the entire building. "Regular and substantial course of conduct" means:

1. Devoting more than 15% of total display area to the display of sex-oriented merchandise or sex-oriented material;

2. Presenting any type of live entertainment characterized by an emphasis on specified sexual activity or specified anatomical parts, or performers, models or employees appearing in public in lingerie on any four or more separate days within any 30-day period; or

3. Deriving at least 50% of gross receipts from the sale, trade, display or presentation of services, products, or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "School" means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in t hose courses of study required by the California Education Code and maintained pursuant to st andards set by the State Board of Education.

This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institu tion of education, but it does not include a vocational or professional institution of higher e ducation, including a community or junior college, college or university.
"Sex-oriented bookstore" means any establishm ent which as a regular and substantial course of conduct displays or distributes sex-oriente d merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, films, or other visual representations which are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex-oriented business" means any establishment which as a regular and substantial course of conduct performs or operates as a sex-oriented bo okstore, sex-oriented theater, sex-oriented motion picture arcade, sex-oriented cabaret, sex-oriented motel/hotel, or sells or distributes sex- oriented merchandise or sex-oriented material, or any other establishment which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment which are distinguished or char acterized by an emphasis on matter depicting, 564
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describing or relating to specified sexual activities or specified anatomical parts but not including those uses or activities, the regulation of which is preempted by state law. "Sex-oriented business" shall also mean any establishment which as a regular and substantial course of conduct provides or allows performers, models or employees to appear in any public place in lingerie. "Sex-oriented cabaret" means a nightclub, bar, restaurant or similar establishment which features any type of live entertainment which is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex oriented hotel/motel" means a hotel or motel which:

1. As a regular and substantial course of conduct provides to its patrons, through the provision of rooms equipped with closed-circuit televi sion, video recorders or players or other medium, material which is distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts; or

2. Rents, leases or lets any room for less than a six-hour period, or rents, leases or lets any single room more than twice in a 24-hour period.
"Sex-oriented material" means any sex-oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, videotape recording, or other visual representation which is distinguished or char acterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts. "Sex-oriented merchandise" means sex-oriented im plements or paraphernalia, such as, but not limited to: dildos, auto sucks, sex-oriented vibrat ors, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simu lated or battery operate d vaginas, and similar sex-oriented devices which are designed or market ed primarily for the stimulation of human genital organs or sadomasochistic activity.
"Sex-oriented motion picture arcade" means any establishment containing any manually operated, coin or slug operated, or electrically or electronically operated or controlled, still or motion picture or videotape machines, projectors, players or other image producing devices that are maintained to display images to five or fe wer persons per machine or per viewing room at any one time when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts. "Sex-oriented motion picture theater" means any business establishment which projects and presents motion pictures, videotape recordings, slide photographs, or other motion or still pictures which are distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts. "Sex-oriented theater" means a theater, concer t hall, dance hall, auditorium, or similar establishment which features live performances which are distinguished or characterized by an emphasis on matter depicting, describing or rela ting to specified sexual activities or specified anatomical parts.
"Specified anatomical parts" means:

1. Less than completely and opaquely covered human genitals, pubic hair, buttocks, natal cleft, perineum, anal region, pubic hair region, or female breast below a point immediately above the top of the areola; or

2. Human male genitals in a discernibly turgid state, even if completely and opaquely 565
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covered.
"Specified sexual activities" means:

1. Actual or simulated: sexual intercourse, or al copulation, anal intercourse, oral-anal copulation, bestiality, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual relationship; or any of the following depicted sexually oriented acts or conduct, whether actual or simulated: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, sapphism, ur ophilia, zooerastia, zoophilia;

2. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

3. Use of human or animal ejaculation;

4. Fondling or erotic or sexually oriented touching of human genitals, pubic region, buttocks, natal cleft, anal region or female breast;

5. Masochism; erotic or sexually oriented torture, beating or the infliction of pain;

6. Erotic or lewd touching, fondling, or other sexually oriented contact with an animal by a human being;

7. Human excretion, urination, menstruation, vaginal or anal irrigation; or

8. Striptease, or the removal of clothing, or the wearing of transparent or diaphanous clothing, including models appearing in lingerie, to th e point where specified anatomical parts are exposed.
(Ord. 18 § 2, 2008, RCC § 5.44.030)

§ 5.40.040. Permit prerequisite—Application process.

A. It is unlawful for any person or entity to opera te, engage in, conduct or carry on any sex- oriented business within the City unless th e owner of the business first obtains, and continues to maintain in full force and effect, a sex-oriented business permit.

B. The owner of the proposed sex-oriented business shall be the only person eligible to obtain a sex-oriented business permit.

C. The following information and items shall be submitted to the Chief of Police by the owner at the time of applying for a sex-oriented business permit:

1. A completed sex-oriented business permit app lication form signed by each of the following: the owner of the proposed sex-or iented business; the record owner of the property; and the sublessor, if the propo sed sex-oriented business is a sublessee; all such signatures shall be notarized;

2. A statement signed by the record owner of the property and the sublessor, if any, attesting under penalty of perjury that they were aware the proposed business was sex- oriented in nature during lease or sublease negotiations; all such signatures shall be notarized;

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and a dimensional interior floor plan depicting how the business will comply with all applicable requirements of this chapter;

4. The information specified in Section 5.40.070 if the sex-oriented business in question is a sex-oriented motion picture arcade;

5. Any additional information the Chief of Police deems necessary;

6. A statement signed by the owner of the proposed sex-oriented business attesting under penalty of perjury to the truth and accuracy of the application and the information submitted therewith;

7. The appropriate nonrefundable processing f ee which shall be one of the following amounts as determined by the Planning Di rector: $3,802.81 in the case of a new application whereby approval is sought to operate in a building not yet constructed or in an existing building that does not appear at the time of application to meet the policies, standards and regulations referenced in Section 5.40.060; $730.40 in the case of a new application whereby approval is sought to operate in an existing building that does appear at the time of application to m eet the policies, standards and regulations referenced in Section 5.40.060; and $250.00 in the case of a renewal application.

When a new application fee is paid , the Chief of Police shall retain $500.00 to cover its processing costs and shall forward the remainder to the Planning Department. When a renewal application fee is paid, the Chief of Police shall retain the entire amount.

D. Notwithstanding the above, no application for a sex-oriented business permit shall be accepted or processed for any business that has had a sex-oriented business permit revoked pursuant to Section 5.40.130 within the preceding three-year period. (Ord. 18 § 2, 2008, RCC § 5.44.040)

§ 5.40.050. Permit approval—Standards.

A. The Chief of Police shall, with in 45 business days of the f iling of a complete permit application, approve and issue the sex-or iented business permit if the standards and requirements of this chapter have been met; otherwise, the permit shall be denied. Notice of the approval or denial of the permit shall be given to the owner in writing by first class mail, postage prepaid, deposited in the course of transmission with the United States Postal Service within three days of the date of such decision. The times set forth in this subsection shall not be extended except upon the written con sent of the applicant. The decision of the Chief of Police shall be final.

B. The Chief of Police shall approve and issue a sex-oriented business permit if:

1. The sex-oriented business will be located in a zone permitting sex-oriented businesses as a use;

2. The sex-oriented business will not be located within 500 feet of any existing residence, whether such residence is within or outside the boundaries of the City;

3. The sex-oriented business will not be located within 500 feet of another sex-oriented business not located within the same pr emises and under the same ownership and control, whether such other business is within or outside the boundaries of the City; 567
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4. The sex-oriented business will not be located within 1,000 feet of any lot upon which there is located any religious institution, p ublic park or school, whether such use is within or outside the boundaries of the City;

5. For the purposes of this subsection all distan ces shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the premises where the sex-oriented busin ess is conducted to the nearest existing residence, to the nearest point of the premises of any other sex-oriented business or to the nearest property line of any lot upon which is located a religious institution, public park or school;

6. The sex-oriented business will not be located, in whole or in part, within any portable structure;

7. The sex-oriented business will comply with the development standards of the applicable zone and with all applicable tr ansportation, flood control, health, fire protection, grading, building, mechanical, plumbing and electrical policies, standards and regulations;

8. The sex-oriented business will not conduct or sponsor any special events, promotions, festivals, concerts or similar activities which would increase the demand for parking spaces beyond the approved number of spaces for the business;

9. The sex-oriented business will not c onduct any massage, acupuncture, figure modeling, tattooing, acupressure or escort services and will not allow such activities on the premises;

10. The owner, manager or any other empl oyee of the sex-oriented business has not, within the five-year period preceding the application date, been convicted of a felony or misdemeanor which is classified by the state as an offense involving a sexual crime against children, sexual abuse, rape, dist ribution of obscene material or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section 290, or any violation of Penal Code Secti ons 234.3, 261, 261.35, 264.1, 266, 266a through 266k, inclusive,267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315,316 or 647;

11. The owner or manager of the sex-oriented business is at least 18 years of age; and

12. The application and evidence submitted in support thereof are accurate and do not contain incorrect, false or misleading information.
(Ord. 18 § 2, 2008, RCC § 5.44.050)

§ 5.40.060. Permit requirements—Generally.

Any sex-oriented business which allows customers to remain on the premises while viewing any live, filmed or recorded entertainment, or to use or consume the products or services supplied on the premises, shall conform to the following requirements:

A. At least one security guard shall be on duty outside the premises, patrolling the grounds and parking areas, at all times while the business is open. If the occupancy limit of the premises is greater than 50 persons, an additional security guard shall be on duty inside the 568
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premises. The security guard(s) shall be charge d with preventing violations of law, with enforcing compliance by patrons with the require ments of this chapter, and with notifying the Chief of Police of any violations of law observed. Security guard(s) required by this subsection shall be uniformed in such a manner so as to be readily identifiable as a security guard by the public and shall be duly licensed as a security guard as required by applicable provisions of state or local law. No security guard required pursuant to this subsection shall act as a doorperson, ticket seller, ticket taker, or admittance person while acting as a security guard hereunder.

B. Landscaping shall conform to the standards established for the zone, except that, if the sex- oriented business is the sole use on a lot, no planting shall exceed 30 inches in height, except trees with foliage not less than six feet above the ground.

C. The entire exterior grounds, including the park ing lot, shall be lighted in accordance with standards promulgated by the Planning Director.

D. The premises within which the sex-oriented business is located shall provide sufficient sound-absorbing insulation so that noise generated inside the premises shall not be audible anywhere on any adjacent property or public right-of-way or within any other building or other separate space within the same building.

E. No exterior door or window on the premises shall be propped or kept open at any time while the business is open, and any exterior windows shall be covered with opaque covering at all times.

F. Permanent barriers shall be installed and mainta ined to screen the interior of the premises from public view for each door used as an entrance/exit to the business.

G. Signage shall conform to the standards establis hed for the zone except that such signage shall be limited to the business name, th e street address and the notice required by subsection K of this section.

H. All door areas of the sex-oriented business within which patrons are permitted, except rest rooms, shall be open to view at all times.

I. Except as specifically provided in this chapte r, oriented business shall comply with the parking, development and design standards est ablished for the zone in which the business is located.

J. No sex-oriented material or sex-oriented merc handise shall be displayed in such a manner as to be visible from any location other than within the premises occupied by the sex- oriented business.

K. No person under the age of 18 years and no person obviously intoxicated shall be permitted within the premises at any time. A sign giving notice of this provision shall be prominently posted at each entrance to the premises of the sex-oriented business.

L. The sex-oriented business shall not operate or be open between the hours of 2:00 a.m. and 9:00 a.m.

M. The sex-oriented business shall provide and maintain separate rest room facilities for male patrons and employees and female patrons a nd employees. Male patrons and employees shall be prohibited from using the rest room (s) for females, and female patrons and 569
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employees shall be prohibited from using the rest room(s) for males, except to carry out duties of repair, maintenance and cleaning of the rest room facilities. The rest rooms shall be free from all sex-oriented materials and sex-oriented merchandise. Rest rooms shall not contain television monitors or other motion picture or video projection, recording or reproduction equipment. The foregoing provisions of this subsection shall not be applicable to a sex-oriented business which deals exclusively with sale or rental of merchandise which is not used or consumed on the premises, such as a sex-oriented bookstore, and which does not provide rest room facilities to its patrons or the general public.

N. Except as otherwise required by law or provided in this chapter, all areas of the sex-oriented business accessible to patrons shall be illuminated at least to the extent of a 20 foot candle, minimally maintained and evenly distributed at ground level.

O. Individual viewing areas of the sex-oriented business shall be operated and maintained without any hole or other opening or means of direct communication or visual or physical access between the interior space of two or more individual viewing areas. (Ord. 18 § 2, 2008, RCC § 5.44.060)

§ 5.40.070. Permit requirements—Motion picture arcades.

Sex-oriented motion picture arcades which provide more than one viewing area shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:

A. Upon application for a sex-oriented business perm it, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations, specifying the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area with no dimension greater than eight feet. The diagram shall also designate the place at wh ich the sex-oriented business permit will be conspicuously posted. A professionally prepared di agram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale with marked dimensions sufficient to show the vari ous internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six inches. The Chief of Police shall waive the foregoing diagram for renewal appli cations if the owner adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

B. No alteration in the configuration of the di agram may be made without the prior approval of the Chief of Police.

C. It is the duty of the owner(s) to insure that at least one employee is on duty and situated at each manager's station at all times that any patron is present inside the premises.

D. The interior of the premises shall be confi gured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose excluding rest rooms. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding rest rooms, from at least one of the 570
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manager's stations. The view required in this subsection must be by direct line of sight from the manager's station.

E. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that th e view area specified in subsection D of this section remains unobstructed by any doors, walls, persons, merchandise, display racks or other materials at all times and to insure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to subsection A of this section.

F. No individual viewing area may be occupied by more than one person at any one time.

G. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted to access with an illumination of not less than a 10 foot candle as measured at the floor level.

H. It shall be the duty of the owner(s) and it shall also be the duty of all employees present on the premises to insure that the illumination d escribed above is maintained at all times that any patron is present on the premises.
(Ord. 18 § 2, 2008, RCC § 5.44.070)

§ 5.40.080. Permit requirements—Live entertainment.

Sex-oriented businesses providing live entertainm ent depicting specified anatomical parts or involving specified sexual activities shall conform to all the requirements previously set forth in this chapter and shall also conform to the following additional requirements:

A. No person shall perform live entertainment for patrons of a sex-oriented business except upon a stage at least 18 inches above the level of the floor which is separated by a distance of at least six feet from the nearest area occupied by patrons, and no patron shall be permitted within six feet of the stage while the stage is occupied by an entertainer.

B. The sex-oriented business sha ll provide separate dressing room facilities for entertainers which are exclusively dedicated to the entertainers' use.

C. The sex-oriented business shall provide an entr ance/exit to the premises for entertainers which is separate from the entrance/exit used by patrons.

D. The sex-oriented business shall provide access fo r entertainers between the stage and the dressing rooms which is completely separated from the patrons. If such separate access is not physically feasible, the sex-oriented business shall provide a minimum three-foot wide walk aisle for entertainers between the dressi ng room area and the stage, with a railing, fence or other barrier separating the patrons and the entertainers capable of (and which actually results in) preventing any physical contact between patrons and entertainers.

E. No entertainer shall have physical contact with any patron and no patron shall have physical contact with any entertainer while on the premises.

F. No waiter, waitress, entertainer or other person employed on the premises shall violate the provisions of Chapter 9.04 while on the premises.

G. Fixed rail(s) at least 30 inches in height sh all be maintained establishing the separations between entertainers and patrons.
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H. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access with an illumination of not less than a 20 foot candle as measured at the floor level.
(Ord. 18 § 2, 2008, RCC § 5.44.080)

§ 5.40.090. Permit requirements—Effect of noncompliance.

The requirements described in Sections 5.40.050 through 5.40.080 shall be deemed conditions of permit approval, and failure to comply with any such requirement shall be grounds for revocation of any sex-oriented business permit issued pursuant to this chapter. (Ord. 18 § 2, 2008, RCC § 5.44.090)

§ 5.40.100. Permit duration.

A sex-oriented business permit shall be valid for a period of one year from the date of permit approval.
(Ord. 18 § 2, 2008, RCC § 5.44.100)

§ 5.40.110. Permit renewal.

A sex-oriented business permit shall be renewed on a year-to-year basis; provided, that the permittee continues to meet all applicable requi rements. A request for permit renewal must be accompanied by a sex-oriented business permit application, completed in full detail with current information. If the application conforms to th e previously approved application and the sex- oriented business has not changed, the permit shall be renewed by the Chief of Police for another year. Notice of such renewal, or denial, shall be given, in writing, to the permittee within 20 business days following the date of receipt of the completed renewal application. Any change or alteration in the location, nature or operati on of the sex-oriented business will require a new application to be processed in the same manner as the original application. (Ord. 18 § 2, 2008, RCC § 5.44.110)

§ 5.40.120. Permit transferability.

No sex-oriented business permit shall be sold, tr ansferred or assigned by any permittee, or by operation of law, to any other person, group, partnership, corporation or entity, and any such sale, transfer or assignment, or attempted sale, transf er or assignment shall be deemed to constitute a voluntary surrender of such permit, and such permit shall thereafter be null and void. A sex- oriented business permit held by an individual in a corporation or partnership is subject to the same rules of transferability described above. Any change in the nature or composition of the sex-oriented business from one type of sex-oriented business use to another type of sex-oriented business use shall also render the permit null and void. A sex-oriented business permit shall be valid only for the exact location specified in the permit. (Ord. 18 § 2, 2008, RCC § 5.44.120)

§ 5.40.130. Permit revocation.

A. The permittee shall allow the Chief of Police to conduct unscheduled inspections of the premises of the sex-oriented business for the purpose of ensuring compliance with the law at any time the sex-oriented business is open for business or is occupied.

B. The Chief of Police shall revoke a sex-oriented business permit when:
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1. Any of the applicable requirements set forth herein ceases to be satisfied;

2. The application is discovered to contain incorrect, false or misleading information;

3. The permittee is convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-ori ented business is located, which offense is classified by the state as an offense invol ving a sexual crime against children, sexual abuse, rape, distribution of obscene mate rial or material harmful to minors, prostitution or pandering, including, but not necessarily limited to the violation of any crime requiring registration under California Penal Code Section290, or any violation of Penal Code Sections 234.3, 261, 261.35, 264.1,266, 266a through 266k, inclusive, 267, 286, 286.5, 288, 288a, 311 through 311.10, inclusive, 314, 315, 316 or 647;

4. An employee, agent or contractor of th e permittee is convicted on two or more occasions within a 12-month period of a fe lony or misdemeanor occurring upon, or relating to the premises or lot upon which the sex-oriented business is located, which offense is one of those listed in subsection (B)(3) of this section;

5. The permittee or an employee has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or

6. The sex-oriented business has been operated in violation of any of the requirements of this chapter, and:
a. If the violation is of a continuous nature , the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the owner, or b. If the violation is of a noncontiguous na ture, two or more additional violations of the same provision, or four or more violations of any other of the provisions, of this chapter occur (regardless of wh ether notice of each individual violation is given to the owner) within any 12-month period.
(Ord. 18 § 2, 2008, RCC § 5.44.130)

§ 5.40.140. Permit revocation procedure.

A. Upon determining that grounds for permit revocation exist, the Chief of Police shall furnish written notice of the proposed revocation to the permittee. Such notice shall summarize the principal reasons for the proposed revocation; shall state that the permittee may request a hearing within 15 calendar days of the postmarked date on the notice; and shall be delivered both by posting the notice at the location of the sex-oriented business and by sending the notice by certified mail, postage prepaid, addressed to the permittee as the name and address appear on the permit. Within 15 calendar days after the date of the mailing or posting of the notice, the permittee may file a written request for hearing with the Chief of Police.

B. Upon receipt of a hearing request, a hearing shall be conducted by a hearing officer. Such hearing shall be conducted within 45 calendar days of the hearing request filing date.

C. If no hearing is requested by the permittee or if the hearing officer determines that grounds for revocation exist, and the Chief of Police accepts such determination, the Chief shall revoke the sex-oriented business permit.
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(Ord. 18 § 2, 2008, RCC § 5.44.140)

§ 5.40.150. Existing sex-oriented businesses.

A. Any sex-oriented business lawfully operating on the effective date of the ordinance codified in this chapter in violation hereof shall be deemed a nonconforming use. A nonconforming use will be permitted to continue for a two- year period, unless sooner terminated for any reason or voluntarily discontinued for a peri od of 30 days or more. A nonconforming use shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sex-oriented businesses are within 500 feet of one another and otherwise in a permissible location, the sex-oriented business which was first established and continually operating at the particular lo cation shall be deemed to conform to the locational standards hereof and the la ter established business shall be deemed nonconforming to the locational requirements.

B. A sex-oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location of a residence or other sex-oriented business within 500 feet of the sex-oriented business or the location of a religious institution, public park or public or private school within 1,000 feet of the sex-oriented business. This provision does not apply to permit applications submitted after a permit has expired or has been revoked. (Ord. 18 § 2, 2008, RCC § 5.44.150)

§ 5.40.160. Violations—Misdemeanor/injunction.

In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation.
(Ord. 18 § 2, 2008, RCC § 5.44.160)
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CHAPTER 5.44

SURFACE MINING OPERATIONS

§ 5.44.010. Findings.

The City Council finds and declares that the extr action of minerals is essential to the continued economic well-being of the City and that it is the purpose and intent of this chapter to regulate all surface mining operations in the City as au thorized by the California Surface Mining and Reclamation Act of 1975 (Public Resources Code, Section 2710 et seq.) to ensure that:

A. The reclamation of mined lands will be carried out in such a way that the continued mining of minerals will be permitted;
B. The adverse effects of surface mining operations will be prevented or minimized and that mined lands will be reclaimed to a useable condition which is readily adaptable for alternative land use; and
C. The production and conservation of minerals will be encouraged while giving consideration to values relating to recreation, watershed, wildlife, range and forage, and aesthetic enjoyment, and the residual hazards to the public health and safety will be eliminated. (Ord. 18 § 2, 2008, RCC § 5.48.010)

§ 5.44.020. Exemptions.

The provisions of this chapter do not apply to:

A. Excavations or grading conducted for farming or on-site construction or for the purpose of restoring land following a flood or natural disaster;
B. Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden, in total amounts of less than 1,000 cubic yards in any one location of one acre or less;
C. Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose; D. Such other surface mining operations which the State Mining and Geology Board finds are exempt from the provisions of the California Surface Mining and Reclamation Act of 1975 because they are of an infrequent nature and involve only minor surface disturbances. (Ord. 18 § 2, 2008, RCC § 5.48.020)

§ 5.44.030. Permit required.

Unless exempted by the provisions of Section 5.44.020 or 5.44.120, no person, firm, corporation or private association shall conduct surface mining operations in the City without first obtaining a permit to do so.
(Ord. 18 § 2, 2008, RCC § 5.48.030)

§ 5.44.040. Permit application.

A. Prior to submitting an application for a permit, the person, firm, corporation or private association seeking to obtain such permit sha ll comply with the pre-application review 575
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procedure described in Chapter 15.68 to the extent that such procedure is applicable.

B. All applications for a permit shall include a mining plan, a reclamation plan and proposed financial assurances in draft form including an estimate of reclamation costs; shall be on forms provided by the Planning Department; shall be accompanied by the appropriate filing fee indicated in Chapter 3.44; and shall be filed with the Planning Department. The application shall provide all in formation and data required by Sections 2772 and 2773 of the Public Resources Code and such additional information as may be reasonably required by the Planning Director. No application sha ll be accepted as completed for filing and the time limitations for processing a permit shall not begin to run until all procedures under the California Environmental Quality Act and the City of Wildomar Rules to Implement CEQA have been completed.

C. The Planning Director shall notify the Director of the Department of Conservation of the filing of each application for a permit within the time period required by Section 2774(e) of the Public Resources Code and shall submit each proposed mining and reclamation plan and proposed financial assurances in draft form in cluding an estimate of reclamation costs or modification to an approved reclamation plan to the Director of the Department of Conservation for review and comment.

D. Upon completion of all procedures for review of an application, including but not limited to notification to the Director of the Depart ment of Conservation, a public hearing will be held before the Planning Commission as provided in this chapter. (Ord. 18 § 2, 2008, RCC § 5.48.040)

§ 5.44.050. Mining plan—Contents.

The mining plan shall, to the extent practicable, contain at least the following:

A. Indicate the progression of all operations of the facility indicating time frames for each phase and the estimated life of the operation;
B. Show the location of equipment, offices, stockpiles, settling ponds, interim drainage, machinery and waste dumps, parking, and areas to be mined; C. Indicate the progression of stripping and excavating through the use of cross sections, elevations and topographic maps;
D. Indicate the time lag between mining and recl amation and equipmen t siting and removal and/or relocation;
E. Discuss the method of handling simultaneous excavation and reclamation if applicable; F. Show the location of all streams, roads, railroads, sewage disposal systems, waterwells, and utility facilities within 500 feet of the site and the location of all proposed access roads to be constructed in conducting the surface mining operation; and G. Indicate the type of and amount of mineral commodities to be removed, the amount of mining waste to be retained on the site and th e amount of mining waste to be disposed off site including the method and location of disposal of the mining waste. (Ord. 18 § 2, 2008, RCC § 5.48.050)
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§ 5.44.060. Reclamation—Contents.

The reclamation plan shall, in addition to all other requirements:

A. Indicate the methods to be used to reclaim the land including a detailed schedule of the sequence and timing of all stages of the reclamation;
B. Describe the physical condition of the site upon the completion of all reclamation including the proposed uses or potential uses of the reclaimed site; C. Contain a map which will delineate through the use of cross sections and elevations the physical characteristics of the land upon the conclusion of reclamation. A topographic map shall also be provided with the location of the reclaimed land clearly indicated on the map; D. Describe the manner in which derelict machinery, mining waste and scraps will be removed from the reclaimed site and how contaminants will be controlled; E. Describe the methods to be used to ensure th at the site will contain stable waste piles and slopes;
F. Describe how reclamation of this site may affect the future use of the area for mining purposes;
G. Show that the proposed site in its final form shall be, to the extent reasonable and practical, revegetated for soil stabilization, free of drai nage and erosion proble ms, coordinated with present and anticipated future land use, and compatible with the topography and general environment of surrounding property.
(Ord. 18 § 2, 2008, RCC § 5.48.060)

§ 5.44.070. Public hearing—Decision—Appeals.

A public hearing to consider the granting suspen sion or revocation of a permit; an operator's financial capability of a performing reclamati on; or abandonment of a surface mining operation without commencing reclamation shall be in accordance with the following procedures:

A. Notice of the time, date and place of the public hearing, including a general description of the area and mining operation being considered, shall be given at least 10 days prior to the hearing by all of the following procedures:

1. Mailing to all owners of real property which is located within 600 feet of the exterior boundaries of the proposed project, as such owners are shown on the last equalized assessment roll;

2. Publication once in a newspaper of general circulation in the City;

3. The Planning Director may require a dditional notice be given by posting in conspicuous places close to the property a ffected and may require notification to property owners along proposed local transportation routes.

B. At the public hearing the Planning Commission shall hear relevant testimony from interested persons and, within a reasonable tim e after the close of the hearing, make its decision; provided, however, that an application for a permit shall not be granted unless that permit is expressly subject to such conditions as are necessary to protect the health, safety or general welfare of the community. The decision of the Planning Commission and 577
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the reasons for the decision shall be reduced to writing and shall be filed by the Planning Director with the City Clerk, together with a report of the proceedings, not more than 15 days after the decision. A copy of the notice of the decision shall be mailed to the applicant and to any person who has made a written request for a copy of the decision. If the Planning Commission is unable to make a decision, that fact shall be filed with the City Clerk in the same manner for reporting decisions and shall be considered as notice of denial of the application. The City Clerk shall place the noti ce of the decision on the next agenda of the City Council held five or more days after the Clerk receives the notice from the Planning Director.

C. The decision of the Planning Commission is considered final and no action by the City Council is required unless, within 10 days after the notice of decision appears on the Council's agenda, the applicant or an interested person files an appeal, accompanied by the appropriate filing fee indicated in Chapter 3. 44, with the City Clerk or unless the Council assumes jurisdiction by ordering the matter set for public hearing. If a timely appeal is filed or the Council assumes jurisdic tion, the City Clerk shall set the matter for public hearing before the Council not less than 13 nor more th an 60 days thereafter, and shall give notice of the time and place of the hearing in the same manner as notice was given of the hearing before the Planning Commission.

D. At the hearing before the City Council, the Council shall hear the matter de novo; however, the documents and the minutes of the hearing before the Planning Commission shall be a part of the Council's record at its hearing on the matter. The Council shall hear relevant testimony from interested persons and, within a reasonable time after the close of the hearing, make its decision sustaining, revers ing or modifying the decision of the Planning Commission.
(Ord. 18 § 2, 2008, RCC § 5.48.070)

§ 5.44.080. Permit conditions.

As a condition of each permit, annual inspecti ons and reports of mi ning and reclamation activities shall be required of the operator as follows:

A. Concurrently with submission of the operator's report submitted pursuant to Section2207 of the Public Resources Code, the Building Director shall cause an inspection to be conducted within six months of receipt of the operator's report to determine whether the surface mining operation is in compliance with the approved mining plan, the approved reclamation plan, the approved financial assurances, any permit cond itions of approval and in the case of an idle mine, the approved interim management plan. The inspection may be conducted under the supervision of a qualified, state-regist ered civil engineer, state-licensed landscape architect, state-registered geologist, or state -registered forester. All inspections shall be conducted using a form approved by the State Mining and Geology Board. After completion of the inspection, the Building Director sha ll notify the Director of the Department of Conservation that the inspection has been conducted in accordance with Section 2774(b) of the Public Resources Code. A copy of the notice and any supporting documentation shall also be provided to the operator.

B. Each operator shall apply for a special inspection permit from the Building Director at least once in each year; provided, however, that this subsection shall not be construed to require more than one inspection per year per permit. An application for a special inspection permit shall be submitted and the special inspection permit fee set forth in Chapter 3.44 shall be 578
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paid concurrently with the operator's repor t submitted pursuant to Section 2207 of the Public Resources Code by July 1st of each year.
(Ord. 18 § 2, 2008, RCC § 5.48.080)

§ 5.44.090. Financial assurances required.

As a condition of each permit, financial assuran ces to ensure reclamation is performed in accordance with the approved reclamation plan shall be required of the operator as follows:

A. Prior to the commencement of the surface mining operation, the operator shall post with the Building Director a financial assurance. Th e financial assurance shall be: (1) a bond or bonds by one or more duly authorized corporate securities; (2) an irrevocable letter of credit from one or more financial institutions subj ect to regulation by the state or federal government and pledging that the funds necess ary to carry out the approved reclamation plan are on deposit and guaranteed for paymen t; (3) a cash deposit to be deposited into a trust fund; or (4) any other financial assuran ce specified by the State Mining and Geology Board pursuant to Section 2773.1(e) of th e Public Resources Code. The amount of the financial assurance shall be adequate to perform reclamation in accordance with the surface mining operation's approved reclamation plan and shall be adjusted annually to account for new lands disturbed, inflation, and reclam ation of lands accomplished in accordance with the approved reclamation plan. The adjustment shall be based upon an independent estimate derived from a survey by a qualified professional pa id for by the operator. In addition, all financial assurances shall be made payable to the City and the Department of Conservation and shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed.

B. If the Planning Commission, following a public hearing in accordance with the procedures set forth in Section 5.44.070, determines that the permittee is financially incapable of performing reclamation in accordance with its approved reclamation plan or has abandoned its surface mining operation without commencing reclamation, the Building Director shall:

1. Notify the operator by personal service or certif ied mail that the City intends to take appropriate action to forfeit the financial assurance and specify the reasons for so doing;

2. Allow the operator 60 days after no tification to commence or cause the commencement of reclamation in accordance with its approved reclamation plan and require that reclamation be completed within the time limits specified in the approved reclamation plan or some other time mutua lly agreed upon by the Building Director and the operator;

3. Proceed to take appropriate action to require forfeiture of the financial assurance if the operator does not substantially comply with the provisions of subsection (B)(2) of this section;

4. Use the proceeds from the forfeited financ ial assurance to conduct and complete reclamation in accordance with the approved reclamation plan. The operator shall be responsible for the costs of conducting and completing reclamation in accordance with the approved reclamation plan which are in excess of the proceeds from the forfeited financial assurance.

C. Upon completion of reclamation in accordance with the approved reclamation plan, the 579
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financial assurance shall be released. Written notification of the release shall be provided to the operator and Director of the Department of Conservation. (Ord. 18 § 2, 2008, RCC § 5.48.090)

§ 5.44.100. Violation—Notification—Penalty.

A. If after, conducting the annual inspection requi red by Section 5.44.080 or otherwise confirmed by an inspection of the mining operation, the Building Director finds that the surface mining operation is not in compliance with the approved mining plan, the approved reclamation plan, any permit conditions imposed by the City, the provisions of this chapter, or the California Surface Mining and Reclamation Act of 1975, the Building Director may notify the operator and the owner of the subject property of that violation by personal service or certified mail. If the violation continues beyond 30 days after the date of issuance of the Building Director's notice of violation, the Building Director may notify the Planning Director of that fact. Thereupon, the Pla nning Director may issue an order by personal service or certified mail requiring compliance or, if the operator does not have an approved reclamation plan, to cease all further mining activities. The order shall specify which aspects of the surface mine's activities or operations are inconsistent with the approved mining plan, approved reclamation plan, pe rmit conditions, the provisions of this chapter, or the California Surface Mining and Reclamation Act of 1975; shall specify a time for compliance which the Planning Director determines is reasonable, given the seriousness of the violation and any good faith efforts to comply with applicable requirements; shall set a date for a public hearing before the Planning Commission no sooner than 30 days after the date of issuance of the order; and shall not take effect until the operator has been provided a public hearing concerning the violation.

B. At the hearing, the Planning Commission shall determine whether or not the operator is complying with the approved mining plan, the approved reclamation plan, the permit conditions or the provisions of this chapter and may affirm, modify or set aside the order issued by the Planning Director. The Planning Commission may also revoke or suspend the operator's permit in accordance with the pro cedures set forth in Section 5.44.070. The decision of the Planning Commission may be appealed to the City Council.

C. Any operator who fails to comply with an order issued by the Planning Director after the order's effective date, or who fails to submit a report to the Director of the Department of Conservation or City as required by Section 2207 of the Public R esources Code, shall be subject to an order by the Planning Director imposing an administrative penalty of not more than $5,000.00 per day, assessed from the original date of the Building Director's notice of violation or noncompliance with Section 2207. In determining the amount of the administrative penalty, the Planning Director shall take into consideration the nature, circumstances, extent and gravity of the vi olation or violations, any prior history of violations, the degree of culpability, economic sav ings, if any resulting from the violation, and any other matters justice may require. An order imposing an administrative penalty shall become effective upon issuance and payment shall be made to the City within 30 days, unless the operator petitions the City Council for review of the order. The order shall be served by personal service or by certified mail upon the operator.

D. If the operator petitions the City Council for review of the order imposing an administrative penalty, the operator shall be notified by personal service or certified mail as to whether the City Council will review the order and if so when the matter has been set for public hearing.

The City Council may affirm, modify or set aside, in whole or in part, by its own order, any 580
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order of the Planning Director imposing an ad ministrative penalty. Any order of the City Council shall become effective upon issuance thereof and shall be served by personal service or certified mail upon the operator. Payment of any administrative penalty specified in the City Council's order shall be made to the City within 30 days of service of the order. (Ord. 18 § 2, 2008, RCC § 5.48.100)

§ 5.44.110. Time limit.

Any permit that is granted shall be used within five years from the effective date thereof, or within the time limit that is set in the conditions of a pproval; otherwise, such permit shall be null and void. The term "use" means the beginning of a substantial surface mining operation that is authorized, which mining operation must thereafter be pursued diligently to completion. (Ord. 18 § 2, 2008, RCC § 5.48.110)

§ 5.44.120. Vested rights.

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues and no substantial change is made in that operation. A person shall be deemed to have such vested rights if, prior to January 1, 1976, he or she has, in good faith and in reliance upon a permit or other authorization, if such permit or other authorization was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuan ce of a permit shall not be deemed liabilities for work or materials. Any substantial change in the surface mining operation subsequent to January 1, 1976, shall require the granting of a permit pursuant to this chapter. A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall submit to the Planning Department for approval by the Planning Director, a reclamation plan for vested operations that are conducted after January 1, 1976, and shall apply for a special inspection permit from the Building Director in the same manner and with the same frequency as those mining operators required to obtain a permit pursuant to this chapter before commencing or expanding their operation. If a reclamation plan applicati on is not on file and approved by the Planning Director, the continuation of the surface mining operation shall be prohibited until a reclamation plan is submitted and approved. Nothing in this chapter shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to, but not after, January 1, 1976. All reclamation plans submitted to the Planning Department for vested operations that are conducted after January 1, 1976, shall be accompanied by the appropriate fee indicated in Chapter 3.44. (Ord. 18 § 2, 2008, RCC § 5.48.120)

§ 5.44.130. Modification to approved permit or plan.

A request for approval of a modification to an approved surface mining permit or reclamation plan shall be made in accordance with the provisi ons of this section. A modification under this section means a request for a revised permit or a determination of substantial conformance as further defined herein.

A. Applications. Applications for substantial conformance or a revised permit shall be filed in writing with the Planning Director and shall include the following:

1. All information required under this chapter for the filing of a new application for the 581
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permit or reclamation plan sought to be modified, unless the requirement is waived by the Planning Director;

2. A statement explaining the proposed modification and the reason the modification has been requested;

3. If the application requires a public hearing, a list of names and addresses of all owners of real property located within 600 feet of the exterior boundaries of the property to be considered and such additional names and addresses required in order to conform with the notification requirements for processing a new surface mining permit or reclamation plan, as shown on the last equalized assessment roll and any update issued by the County Assessor;

4. Such additional information as shall be required by the Planning Director.

B. "Substantial conformance" means a request for a nonsubstantial modification of an approved permit or reclamation plan which does not change the original approval or the effect of the approval on surrounding propert y. Substantial conformance may include, but is not limited to, modifications for upgrading facilities, modifications for compliance with the requirements of other public agencies, m odifications necessary to comply with final conditions of approval or m odifications to lighting, park ing, fencing or landscaping requirements, provided the modifications as determined by the Planning Director will have no adverse effect upon public health, safety or welfare.

C. "Revised permit" means a modification of a permit or reclamation plan which does not change the basic concept or use allowed by the original approval. A revised permit may include, but is not limited to, a significant increase in plant capacity, changes resulting in significant adverse effects, expansion in the permitted mining area, changes to the original conditions of approval including extensions to the overall life of the permitted use, and changes in the intensity of use as determined by the Planning Director.

D. Actions on applications for s ubstantial conformance or re vised permits shall be in accordance with the following procedures:

1. Substantial Conformance. The Planning Director shall approve, conditionally approve or disapprove an application for substantial conformance within 30 days after accepting a completed application and give notice by mail of the decision, including any additional conditions of approval, to the applicant and any other person who has filed a written request for notice. The Planning Director's determination shall be based upon the standards of this section and those sta ndards set forth in th is chapter for the approval of an original application. An a pplication for substantial conformance shall not require a public hearing.

2. Revised Permit. An application for a revised permit shall be approved, conditionally approved or disapproved in accordance with the procedures for processing an original permit or reclamation plan, including any requirements for public hearing, notice of hearing, and all rights of appeal. A revised permit shall be subject to the development standards applicable to a new surface mining permit or reclamation plan.

E. The approval of an application for substantial conformance or revised permit shall be valid until the expiration of the original permit, unless an extension of time has been granted by an approved revised permit.
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F. Notwithstanding any provision herein to the contrary, an application for substantial conformance may be approved only if the proposed modification is exempt from the provisions of the California Environmental Quality Act. (Ord. 18 § 2, 2008, RCC § 5.48.130)

§ 5.44.140. Idle mining operation—Interim management plan application requirements.

A. Within 90 days of a surface mining operation becoming idle, as defined in Section 2727.1 of the Public Resources Code, the operator shall file an application for an interim management plan with the Planning Director in accordance with the provisions of this chapter.

The application shall include:

1. All information required under this chapter for the filing of a new application for a permit, unless the requirement is waived by the Planning Director;

2. A statement explaining that the surface mining operation is idle as defined in Section 2727.1 of the Public Resources Code;

3. An interim management plan which includes measures the operator will implement to maintain the site in accordance with the approved mining plan, the approved reclamation plan and the permit conditions;

4. A filing fee for review of the interim ma nagement plan which shall be the same amount as the filing fees for a reclamati on plan submitted for vested operations conducted after January 1, 1976, as set forth in Chapter 3.44;

5. Such additional information as shall be required by the Planning Director.

B. Within 60 days of the receipt of a complete d application for an interim management plan, the Planning Director shall review and a pprove the application provided the interim management plan complies with the requirements specified in subsection A of this section and give notice by mail of the approval to th e operator and any other person who has filed a written request for notice. Otherwise, the Pl anning Director shall notify the operator in writing of any deficiencies in the plan. The ope rator shall have 30 days, or a longer period mutually agreed upon by the operator and the Planning Director, to submit a revised plan.

The Planning Director shall approve or deny approval of the revised interim management plan within 60 days of receipt. If the Pla nning Director denies approval of the revised interim management plan, the operator may app eal that action to the City Council, which shall schedule a public hearing within 45 days of the filing of the appeal, or any longer period mutually agreed upon by the operator and the City Council. An application for an interim management plan shall not require a public hearing.

C. The interim management plan may remain in effect for a period not to exceed five years, at which time the Planning Director shall do one of the following:

1. Renew approval of the interim management plan for another period not to exceed five years, if the Planning Director finds that the operator has fully complied with the provisions of the interim management plan;

2. Require the operator to commence reclam ation in accordance with its approved reclamation plan.
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The determination by the Planning Direct or to extend the term of the interim management plan or to require reclamation shall not require a public hearing. If the surface mining operation is still idle af ter expiration of its interim management plan, the surface mining operation shall commence reclamation in accordance with its approved reclamation plan.

D. Any financial assurances required in conjunction with approval of the permit shall remain in effect during the period the surface mini ng operation is idle and until such time as reclamation is completed.

E. Unless review of an interim management plan is pending before the Planning Director, or an appeal is pending before the City Council, a surface mining operation which remains idle for over one year after becoming idle as defined in Section 2727.1 of the Public Resources Code, without obtaining approval of an interi m management plan, shall be considered abandoned and the operator shall commence and complete reclamation in accordance with the approved reclamation plan.
(Ord. 18 § 2, 2008, RCC § 5.48.140)

§ 5.44.150. Transfer of ownership.

Whenever any surface mining operation or portion of an operation subject to this chapter is sold, assigned, conveyed, exchanged, or otherwise transferred, the successor in interest shall be bound by the provisions of this chapter and shall no tify the Planning Departme nt and Department of Building and Safety in writing of such transfer of ownership. Any existing financial assurances shall remain in force and shall not be released until new financial assurances are secured from the new successor in interest and approved in accordance with Section 2770 of the Public Resources Code and Section 5.44.090.
(Ord. 18 § 2, 2008, RCC § 5.48.150)

§ 5.44.160. Violation—Penalty.

The procedures, remedies and penalties for violati on of this chapter and for recovery of costs related to enforcement are provided for in Chapter 1.16. (Ord. 18 § 2, 2008, RCC § 5.48.160)
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CHAPTER 5.48

TAXICABS AND NONEMERGENCY MEDICAL VAN SERVICES

§ 5.48.010. Purpose.

This chapter is enacted pursuant to the aut hority of Government Code Section 53075.5 and Vehicle Code Section 21,100(b) to protect the public health, safety and welfare of the residents of the City of Wildomar when using taxicab service and to promote the orderly development and maintenance of safe and reliable privately operated taxicab transportation service in the City. (Ord. 18 § 2, 2008, RCC § 5.52.010)

§ 5.48.020. Definitions.

As used in this chapter, the following terms shall have the meanings as set forth below:
"Driver" means any person driving a taxicab, e ither as an owner or under the direction, employment, control or service of the "owner" as defined in this section. "Nonemergency medical van" means a vehicle that is used on a commercial enterprise basis to transport a person between his or her residen ce and a health care provider under nonemergency circumstances. A nonemergency medical van shall not include an ambulance which is subject to regulation in 13 California Code of Regulati ons Sections 1100, et seq. or under Chapter

8.08. A nonemergency medical van shall not include a vehicle that is used to transport patients between licensed health care fa cilities when the patient is accompanied in the vehicle by a licensed physician, registered nurse, licensed vo cational nurse, licensed paramedic, or licensed emergency medical technician.
"Owner" means every person having control, whether by outright ownership, lease, or otherwise of any taxicabs for hire.
"Person" includes both singular and plural, and shall mean and include any individual, firm, corporation, association, partnership or society, exclusive of public agencies. "Taxicab" means any vehicle which is used to pr ovide taxicab service as defined in this section.

A taxicab shall include a nonemergency medical van.
"Taxicab service" means any public passenger tr ansportation service, including nonemergency medical van service, available for hire, on call or demand over the public streets of the City where the service is not provided over a defined route but between such points and over such routes, as may be directed by the passenger(s) or person(s) hiring same, and irrespective of whether the operations extend beyond the areas of the City.
(Ord. 18 § 2, 2008, RCC § 5.52.020)

§ 5.48.030. Permit required for taxicab service.

It is unlawful for any person to engage in the business of operating, or causing to be operated, any taxicab or nonemergency medical van service w ithin the City without having a City permit to do so under the provisions of this chapter when the taxicab or nonemergency medical van service picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.030)

§ 5.48.040. Application fo r taxicab service permit.

Any person desiring to obtain a permit to opera te a taxicab service under this chapter shall 585
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submit a written application to the City Clerk. The application forms will be provided by the Clerk. Applications shall be signed under pena lty of perjury and shall contain the following information:

A. Name, residence address and telephone number of the applicant; B. Business name, address and telephone number of the applicant; C. Number of vehicles to be operated under the permit;
D. The make, type, year, manufacturer, license number and passenger seating of the vehicle(s) to be used by the applicant;
E. The proposed color scheme, insignia, or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;
F. Evidence of public liability insurance of not less than $750,000.00 for the payment of damages for personal bodily injuries (including death resulting therefrom) and for damage to or destruction of property from any one accident;
G. Legal and registered ownership of the vehicles to be used by the applicant; H. Prior experience of the applicant in the ta xicab business, including any prior denial, revocation, or suspension by any public agency of any taxicab service, or taxicab driving permit, license or certificate;
I. All criminal convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service.
(Ord. 18 § 2, 2008, RCC § 5.52.040)

§ 5.48.050. Vehicle inspection and certification by licensed mechanic.

The owner of a taxicab shall have the vehicle inspected by a licensed mechanic within 60 days of applying for an initial license or license renewal. No license or renewal thereof shall be granted unless the applicant presents a signed and dated statement from a licensed mechanic who inspected the vehicle certifying that the vehicle is in safe operating condition. (Ord. 18 § 2, 2008, RCC § 5.52.050)

§ 5.48.060. Vehicle service and maintenance records.

The owner of a taxicab shall maintain a legibl e, written record of all service maintenance and repairs performed on the vehicle, the dates the work was done, the mechanic doing the work, and the location of the facility where the work was done. Such records shall be retained by the owner and shall be made available for inspection by the Police Department, for a period of at least three years.
(Ord. 18 § 2, 2008, RCC § 5.52.060)

§ 5.48.070. Issuance of taxicab service permit.

Upon the furnishing of all the information re quired by Sections 5.48.040 and 5.48.050 and payment of the required fee as established in a resolution adopted by the City Council, the City Clerk shall issue the applicant a taxicab service pe rmit, if the applicant is in compliance with 586
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this chapter, is of good moral character and there are no ground(s) for denial of the permit under the provisions of this chapter. Any applicant denied a permit shall be given written notice of the ground(s) for denial.
(Ord. 18 § 2, 2008, RCC § 5.52.070)

§ 5.48.080. Grounds for denial or revocation of taxicab service permit.

Taxicab service permits shall be denied or revoked on the following grounds:

A. Failure to have or maintain insurance as required by this chapter; B. Failure to maintain vehicles in good and safe order and in compliance with all laws; C. False statements made on the application submitted under this chapter; D. Failure to pay any fees as required under this chapter or by the City; E. Repeated and persistent violations by the pe rmittee or the permit holder's drivers of the traffic laws of the City and the state;
F. Employing of a driver who does not have a valid taxicab driver's permit under the requirements of this chapter;
G. Violation of any of the provisions of this chapter by the permit holder; H. The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later. (Ord. 18 § 2, 2008, RCC § 5.52.080)

§ 5.48.090. Permit fees—Transferability.

A. Every person engaging in or carrying on the business of taxicab service shall pay an annual permit fee as established by resolution adopted by the City Council. Every person engaging in the activity of driving a taxicab shall pay an annual permit fee as established by resolution adopted by the City Council. All such required fees shall be paid at the time an application for a permit is submitted.

B. Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance, unless revoked prior to the termination. Any renewal of a permit issued under this chapter shall be pursuant to the sa me requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person. (Ord. 18 § 2, 2008, RCC § 5.52.090)

§ 5.48.100. Taxicab driver's permit.

It is unlawful for any person to drive a taxicab or non-emergency medical van in the City without having a taxicab driver's permit to do so under th e provisions of this chapter where the driver picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.100)
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§ 5.48.110. Application for a taxicab driver's permit.

A. Any person desiring to obtain a taxicab driver's permit shall submit a written application to the City Clerk. The applicant shall provide requested information on application forms supplied by the City Clerk regarding the following:

1. Pertinent personal data an d proof of possession of a valid Class 3 driver's license issued by the State of California;

2. Physical condition;

3. Traffic record for five years prior to application;

4. All criminal convictions of the applicant;

5. Experience in driving motor vehicles, taxis or other vehicles for hire;

6. The name and address of the taxicab service by whom the applicant will be employed.

B. Each applicant shall be fingerprinted and photographed by the Police Department and a criminal records check shall be conducted on th e applicant. The applicant will be required to pay the established fees for such services in addition to the taxicab driver's permit fee as established by resolution adopted by the City Council. A driver obtaining a permit renewal need not be fingerprinted and photographed if the Chief of Police determines that such is not necessary for proper administration of this chapter. (Ord. 18 § 2, 2008, RCC § 5.52.110)

§ 5.48.120. Grounds for denial or revocation of taxicab driver's permit.

Taxicab driver's permits shall be denied or revoked on the following grounds:

A. The person does not possess a valid Class 3 driver's license issued by the State of California; B. The person is less than 18 years of age;
C. The person is required to register pursuant to Section 290 of the California Penal Code; D. The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later; E. The person has been convicted within the preced ing five years for driving a vehicle while under the influence of liquor or drugs, or driving recklessly; F. Repeated and persistent violations of the traffic laws of the City and state; G. Driving any taxicab the driver knew, or should have known, was not in safe operating condition and/or in good repair;
H. False statement(s) made on any application submitted under this chapter; I. Operating a taxicab recklessly, unsafely, or while under the influence of alcoholic beverages, or drugs;
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J. Violation of any of the provisions of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.52.120)

§ 5.48.130. Issuance of taxicab driver's permit.

A. If the City Clerk finds that the applicant is duly qualified, of good moral character, in compliance with the provisions of this chapter and there are no grounds for denial, the City Clerk shall issue a taxicab driver's permit to the applicant upon payment of all required fees.

Any applicant denied permit shall be given wr itten notice of the reason(s) for the denial.

Permits shall remain the property of the City and are not transferable to any other person or driver. A permit shall be surrendered to the City Clerk by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. The permit shall bear a current photograph of the driver and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible in the passenger's compartment of the taxicab.

B. Upon payment of all required fees, submittal of the required application and completion of fingerprinting and photographing, the City Cler k shall issue a temporary taxicab driver's permit which shall be valid for up to 60 days, if the applicant has certified under penalty of perjury that there are no ground(s) for denying the applicant a permit under the provisions of Section 5.48.120. A temporary taxicab driv er's permit may be terminated by the City Clerk at any time by written notification of termination to the holder of a temporary driver's permit if a police investigation determines that grounds for denial of a permit exist under Section 5.48.120. Any temporary permit shall automatically terminate upon the issuance of a regular taxicab driver's permit to the applicant.
(Ord. 18 § 2, 2008, RCC § 5.52.130)

§ 5.48.140. Appeal procedures.

Any person denied a permit pursuant to this chap ter may appeal, in writing, to the City Council stating reason(s) why the permit should be gran ted. The City Council may grant or deny the permit. Any appeal must be made within 10 days of the mailing of notice of the denial of a permit.

The City Council may hear appeals directly, or in its sole discretion, may appoint a hearing officer to hear any appeal and make a recommendation to the City Council. The decision of the City Council on any appeal shall be final.
(Ord. 18 § 2, 2008, RCC § 5.52.140)

§ 5.48.150. Revocation of permit.

No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the City Council or in the Council's sole discretion, before a hearing officer appointed by the City Council, to hear the appeal and make a recommendation to the Council. Notice of such hearing shall be given, in writing, and served at least 10 days prior to the date of the hearing hereon. The notice shall state the ground(s) for the proposed revocation, and shall designate the time and place where such hearing will be held. The notice shall be serve d upon the permit holder by delivering the same personally, or by leaving such notice at the place of business or residence of the permit holder in the custody of a person over the age of 18 years. In the event the permit holder cannot be found, and the service of such notice cannot be otherwi se made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at 589
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his or her place of business or residence, at least 10 days prior to the date of such hearing. The decision of the City Council in a revocation appeal shall be final. (Ord. 18 § 2, 2008, RCC § 5.52.150)

§ 5.48.160. Enforcement by Chief of Police.

This chapter shall be enforced by the Police Chief of the City of Wildomar. (Ord. 18 § 2, 2008, RCC § 5.52.160)

§ 5.48.170. Exemptions.

This chapter shall not apply to public tran sportation service being performed pursuant to a contract with the City or any other public entity in this state. This chapter shall not apply within the boundaries of the SunLine Joint Powers Authority Transit Agency except that nonemergency medical van service and drivers thereof shall comp ly with this chapter. A taxicab service or nonemergency medical van service and/or driver th ereof shall be required to obtain a permit(s) under this chapter whenever the driver or taxicab or nonemergency medical van service picks up customers in the City.
(Ord. 18 § 2, 2008, RCC § 5.52.170)

§ 5.48.180. Time for compliance by existi ng taxicab services and taxicab drivers.

Any taxicab service or taxicab driver performing service on the effective date of the ordinance codified in this chapter shall have 60 days from the effective date of such ordinance to obtain all permits required under this chapter.
(Ord. 18 § 2, 2008, RCC § 5.52.180)

§ 5.48.190. Violation—Penalty.

A. It is unlawful for any person to violate any prov ision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vi olation of any of the provisions of this chapter is committed, continued or permitted.

B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second vi olation. The third and any additional violations shall constitute a misdemeanor offe nse and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

C. Notwithstanding the above, a first offe nse may be charged and prosecuted as a misdemeanor.

D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.52.190)
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CHAPTER 5.52

WEIGHING AND MEASURING DEVICES

Article I
Weights and Measures Registration

§ 5.52.010. Title.

This article shall be known as the "Weights and Measures Registration Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC § 5.56.010)

§ 5.52.020. Purpose and authority.

The purpose of this article is to establish a pr ocedure for registering weighing and measuring instruments and to recover the costs of inspec ting and testing such instruments pursuant to Section12210 of the California Business and Professi ons Code. The authority for this article is Division 5, Chapter 2, Article 2.1 (beginning with Section 12240) of the California Business and Professions Code. The ordinance codified in this ar ticle is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code. (Ord. 18 § 2, 2008, RCC § 5.56.020)

§ 5.52.030. Definitions.

Unless otherwise specifically provided or required by the next context, certain terms or expressions used in this article have meanings as set forth below:
"Commercial purposes" shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
"Person" shall have the meaning assigned to it by Section 12011 of the California Business and Professions Code.
"Sealer" means the sealer of weights and measures of the City and his or her duly authorized agents.
"Single business location" means as defined in Section 12240 of the California Business and Professions Code.
"Weighing and measuring instruments" mean s "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code.
"Weights and measures" means the weights and measures division of the City. (Ord. 18 § 2, 2008, RCC § 5.56.030)

§ 5.52.040. Registration certificate required.

No person shall use or operate any weighing or measuring instruments for commercial purposes without having a current registration certificate fo r such instrument. The certificate shall be in addition to any other certificate, license or permit which may be required by the City. (Ord. 18 § 2, 2008, RCC § 5.56.040)
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§ 5.52.050. Application and issuance of certificate.

An application for a registration certificate shall be submitted to the sealer in the form prescribed by the sealer. The sealer may waive the requirement of an application in those cases in which the sealer has the information and data required by the application. The sealer shall issue the registration certificate when the sealer has the required information and data, either by receipt of the application or by any other means, and upon payment of the application fee. (Ord. 18 § 2, 2008, RCC § 5.56.050)

§ 5.52.060. Term of certificate.

The term of each registration certificate shall be from January 1st through December 31st of each calendar year. Renewal of a registration certificat e shall be made in a manner similar to the issuance of the original registration certificate. Registration certificates not renewed by January 31st shall be considered expired until such time as the registration certificate fee and applicable penalty have been received by the City.
(Ord. 18 § 2, 2008, RCC § 5.56.060)

§ 5.52.070. Registration certificate fees.

The fees for the registration certificate and the annual renewal registration certificate fee shall be assessed at the maximum amount au thorized in Section 12240 of the California Business and Professions Code. If the registration or renewal pa yment is late, there shall also be assessed the late registration penalty fee set forth in Section 5.52.080 of this chapter. (Ord. 18 § 2, 2008, RCC § 5.56.070)

§ 5.52.080. Nonpayment of fees—Penalty.

To any registration certificate fee not submitted by January 31st of the year for which the fee is due, there shall be added a late fee as follows:

A. To any registration certificate fee paid late between January 31st and March 31st of the year for which the fee is due, there shall be added a penalty fee of $50.00.

B. If a registration certificate fee is not paid by March 31st of the year for which the fee is due, then the registration certificate shall become invalid and any devices still in use shall be labeled out of use by the City until the regi stration certificate has been reinstated. The registration certificate shall be reinstated onl y upon payment of the registration certificate fee and the penalty.
(Ord. 18 § 2, 2008, RCC § 5.56.080)

§ 5.52.090. Qualified certificate holders.

A registration certificate may be issued to a co rporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all of the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the California Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which a certificate is required may be conducted under any false or fictitious name. A registration certificate issued to a corporation shall designa te such corporation by the exact name which appears in the articles of incorporation of such corporation. 592
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(Ord. 18 § 2, 2008, RCC § 5.56.090)

§ 5.52.100. Lost certificate.

If a current registration certificate has been lost , the person to whom it was issued may obtain a replacement from the sealer upon payment of a replacement fee of $10.00. (Ord. 18 § 2, 2008, RCC § 5.56.100)

§ 5.52.110. Transferability of certificate.

A registration certificate is not transferable from one person to another. Instruments that are to be used on a mobile unit will be registered to one person and each vehicle shall constitute a location. (Ord. 18 § 2, 2008, RCC § 5.56.110)

§ 5.52.120. Violations—Penalties.

A. It is unlawful for any person to violate any provision of this article, or to violate the provisions of any registration certificate gran ted pursuant to this article. Any person violating any provision of this article or the provisions of any registration certificate granted pursuant to this article, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vi olation of any of the provisions of this article or the provisions of any registration certificate granted pursuant to this article, is committed, continued or permitted.

B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second vi olation. The third and any additional violations shall constitute a misdemeanor offe nse and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

C. Notwithstanding the above, a first offe nse may be charged and prosecuted as a misdemeanor.

D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.56.120)
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Article II
Inspection and Testing

§ 5.52.130. Title.

This article shall be known as the "Inspecti on and Testing of Nonc ommercial Weighing and Measuring Instruments Ordinance."
(Ord. 18 § 2, 2008, RCC § 5.56.130)

§ 5.52.140. Purpose and authority.

The purpose of the article is to establish a schedule of fees for inspecting and testing certain commercial and noncommercial weighing and measuring instruments wh en the testing can legally be performed by a registered repairperson. Article I of this chapter provides for owners of commercial weighing and measuring instruments to pay registration fees to partially defray the costs of inspecting and testing the instruments. The Business and Professions Code mandates the inspection and testing of these instruments. However, the City has no provision to recover costs for inspecting and testing inst ruments that are not mandated by the Business and Professions Code, such as noncommercial devices. The authority for this article is Division 5, Chapter 2, Article 2 (beginning with Section 12210) of the California Business and Professions Code. This article is adopted pursuant to Title 2, Division 2, Part 2, Chapter 1, Article 7 (beginning with Section 25120) of the Government Code.
(Ord. 18 § 2, 2008, RCC § 5.56.140)

§ 5.52.150. Definitions.

Unless otherwise specifically provided or require d by the context, certain terms or expressions used in this article have meanings as set forth below:
"Commercial purposes" shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
"Sealer" means the sealer of weights and measures of the Department of Agriculture and his or her duly authorized agents.
"Weighing and measuring instruments" mean s "weighing instruments" or "measuring instruments" as each are respectively defined by Section 12500 of the California Business and Professions Code, excepting therefrom any retail scale used primarily for the purpose of weighing feed and seed.
"Weights and Measures Division" means the Weig hts and Measures Division of the City of Wildomar.
(Ord. 18 § 2, 2008, RCC § 5.56.150)

§ 5.52.160. Fees.

All fees shall be based on the recommended sch edule of fees published by the Division of Measurement Standards, State Department of Food and Agriculture, as revised from time to time.

All fees collected shall be credited to the genera l fund and used only fo r the administration and enforcement of laws pertaining to the Weights and Measures Division. (Ord. 18 § 2, 2008, RCC § 5.56.160)
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§ 5.52.170. Fees for noncommercial devices.

A. The fees for the inspection and testing of noncommercial weighing and measuring devices shall be paid in accordance with the followi ng schedule. All charges to be on a portal-to- portal basis plus mileage charges as indicated . Standby time will be computed at the same hourly rate as indicated for the particular device:

Type of Device Price Per Hour
Small-Capacity Scales $ 85.00*
Large-Capacity Scales (all scales
exceeding 3,000 lbs. capacity)
100.00*; 130.00*
Retail Gasoline Dispensers 70.00
Wholesale Petroleum Meters 70.00
Liquefied Petroleum Gas Meters 70.00
All Other Devices 70.00

Notes:
* Mileage charge to be added for scale testing.

One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.

B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.

C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.

D. Whenever a device cannot be sealed after the firs t test, and if additional tests are required, a fee of like amount shall be collected for each additional test.

E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.

F. All requests for inspection will be made in writing. (Ord. 18 § 2, 2008, RCC § 5.56.170)

§ 5.52.180. Fees for commercial devi ces when requested by owner/user.

A. The fees for the inspection and testing of commercial weighing and measuring devices when requested by owner/user shall be paid in accordance with the following schedule. All charges to be on a portal-to-portal basis plus mil eage charges as indicated. Standby time will be computed at the same hourly rate as indicated for the particular device:
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Type of Device Price Per Hour
Small-Capacity Scales $ 85.00*
Large-Capacity Scales (all scales
exceeding 3,000 lbs. capacity)
100.00*; 130.00*
Retail Gasoline Dispensers 70.00
Wholesale Petroleum Meters 70.00
Liquefied Petroleum Gas Meters 70.00
All Other Devices 70.00

Notes:
* Mileage charge to be added for scale testing.

One dollar and fifty cents per mile for any vehicle up to 10,000 pounds GVW, plus $85.00 or $100.00 per hour. Two dollars per mile for vehicles 10,000 pounds to 40,000 pounds GVW, plus $100.00 per hour. Two dollars and fifty cents per mile for vehicles exceeding 40,000 pounds GVW, plus $130.00 per hour.

B. An additional fee of equal amount shall be collected when devices are tested after 5:00 p.m. on week-days, or on Saturdays, Sundays and holidays.

C. No devices will be tested between the hours of 8:00 p.m. and 8:00 a.m.

D. Whenever a device cannot be sealed after the first test, and if additional tests are required, a fee of like amount shall be collected for each additional test.

E. Whenever specialized equipment is rented to perform a requested test, the cost of the rented equipment will be prorated to the requesting agency.

F. All requests for inspection will be made in writing. (Ord. 18 § 2, 2008, RCC § 5.56.180)

§ 5.52.190. Payment of fees and penalties.

Fees for the inspection and testing of weighing and measuring devices shall be due and payable upon completion of the services. Fees not paid up on completion of the services shall be subject to a surcharge of 10% of the total fees together with a charge for costs of collection and attorney fees, if any.
(Ord. 18 § 2, 2008, RCC § 5.56.190)
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CHAPTER 5.56

ALCOHOLIC BEVERAGES

§ 5.56.010. Sale or furnishing of alcoholic beverages at clothing optional resorts, campgrounds and facilities.

As per the authority granted by Business and Professions Code Section 25750, a clothing optional resort, campground or other facility may furnish or offer for sale to its members and their guests beer, wine and other alcoholic beverages, for consumption on the premises only, provided the following conditions are met.

A. The resort, campground or facility was in existence prior to January 1, 1977; B. The resort, campground or facility is maintain ed and operated in full compliance with all land use regulations including proper zoning and all conditions specified in any conditional use permit that may be applicable;
C. The Chief of Police has certified in writing that based upon his or her investigation no police or law enforcement problem would be created at the facility or surrounding area by the serving of such alcoholic beverages;
D. The resort, campground or facility has obtained all licenses and clearances that are required from the State Alcohol Control Board and is ope rating in full compliance with all statutes, laws, regulations and policies relating to the sale of alcoholic beverages. (Ord. 18 § 2, 2008, RCC § 5.60.010)
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CHAPTER 5.60

CONSUMER PROTECTION BUSINESS PERMIT

§ 5.60.010. Title.

This chapter shall be known as the "Consumer Protection Business Permit Ordinance of the City of Wildomar."
(Ord. 18 § 2, 2008, RCC § 5.64.010)

§ 5.60.020. Purpose and authority.

The purpose of this chapter is to establish pe rmitting requirements to identify, monitor and impose penalties on: (1) those persons commercially engaged in the packaging of commodities in advance of sale; and (2) those persons u tilizing for commercial purposes automated systems for retail sale commodity pricing commonly referr ed to as "scanners." The authority for this chapter is: California Business and Professions Code Sections 12009, 12011, 12011.6, 12012.1, 12013, 12015, 12015.3,12015.5, 12024.2, 12024.6, 12028, 12103.5, 12211, 12609 and 12736; California Government Code Section 25132; and California Code of Regulations, Title 4, Section 4500 et seq.
(Ord. 18 § 2, 2008, RCC § 5.64.020)

§ 5.60.030. Definitions.

Unless otherwise specifically provided or required by the next context, certain terms or expressions used herein have meanings as set forth below:
"Advertise" means a notice to attract public attention. "Commercial purpose" means any sale of a commodity or thing by a person. "Commodity" means any article of commerce or anything that is bought or sold. "Department" means the Weights and Measures Division of the City of Wildomar. "Location" means any room, enclosure, building, vehicle, space or area at a single place. "Packer" means any person engaged in wrapping or packaging of a commodity within the City prior to and for the purpose of sale wherein the item wrapped or packaged is sold on the basis of weight, count, volume or area.
"Person" means any person, firm, corporation, business or association. "Point of sale station" means individual and sep arate equipment that is capable of recovering electrically stored price information used to charge consumers for the purchase of commodities. "Point of sale station" shall include, but is not limited to, equipment that uses Universal Product Code scanners, price look-up codes, or any ot her system that relies on the retrieval of electronically stored information to complete a transaction of commerce between a retailer and consumer.
"Sell" or "sale" includes barter, exchange, trade, keep for sale, offer for sale or expose for sale in any of their variant forms.
(Ord. 18 § 2, 2008, RCC § 5.64.030)

§ 5.60.040. Permit required.
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A. The following must obtain a permit in accordance with the provisions of this chapter prior to the sale of any commodity: (1) any packer, and (2) any person w ho uses a point of sale station.

B. Separate permits are required if a person is a packer and also uses a point of sale station. A separate permit is required for each location. Th e permit shall be in addition to any other certificate, license, or permit which may be required by the City or any other public entity.

C. Permits shall be issued upon written applicati on to the Department on a form furnished by the Department and payment of applicable fees.

D. The following shall be exempt from this pe rmit requirement: Packers of less than 10,000 packages per year and wholesale agricultural packers.
(Ord. 18 § 2, 2008, RCC § 5.64.040)

§ 5.60.050. Permit term.

The term of each permit shall be from July 1st through June 30th of the following year. Renewal of a permit shall be made in a manner similar to the issuance of the original permit. Permits not renewed by July 31st shall be considered expired until such time as the permit fee and applicable penalty have been received by the Department. Perm its shall be readily available to any official of the Department.
(Ord. 18 § 2, 2008, RCC § 5.64.050)

§ 5.60.060. Permit not transferable.

Permits shall not be transferable between pers ons or locations. Permits shall not be used by subcontractors or sublessees. Only permit holders (including their employees) shall be allowed to engage in activities regulated under the permit.
(Ord. 18 § 2, 2008, RCC § 5.64.060)

§ 5.60.070. Permit fees.

A. The fee for any packer or person using a point of sale station shall be as follows:

1. Packers.
a. Packers of less than 10,000 packages per year: Exempt. b. Packers of 10,000 or more packages per year: $300.00.

2. Point of Sale Stations.
a. One to three stations: $160.00.
b. Four to nine stations: $240.00.
c. More than nine stations: $300.00.

B. To any permit fee not submitted by July 31st of the year for which the fee is due, there shall be added a late fee as follows:

1. To any permit fee paid late between July 31st and September 30th of the year for which the fee is due, there shall be added a penalty fee of $50.00. 599
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2. If a permit fee is not paid by September 30th of the year for which the fee is due, then the permit shall become invalid and the permit shall be reinstated only upon payment of an amount which is double the amount of the permit fee due. (Ord. 18 § 2, 2008, RCC § 5.64.070)

§ 5.60.080. Lost permit.

If a current permit has been lost, the person to whom it was issued may obtain a replacement from the Department upon payment of a replacement fee of $10.00. (Ord. 18 § 2, 2008, RCC § 5.64.080)

§ 5.60.090. Violations—Penalties.

A. It shall be unlawful for any person to violate any provision of the ordinance codified in this chapter, or to violate the provisions of any permit granted pursuant to this chapter. Any person violating any provision of this chap ter or the provisions of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any vi olation of any of the provisions of this chapter or the provisions of any permit gran ted pursuant to this chapter, is committed, continued or permitted.

B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second vi olation. The third and any additional violations shall constitute a misdemeanor offe nse and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

C. Notwithstanding the above, a first offe nse may be charged and prosecuted as a misdemeanor.

D. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 18 § 2, 2008, RCC § 5.64.090)
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CHAPTER 5.64

LICENSURE OF TOBACCO RETAILERS

§ 5.64.010. Purpose and intent.

The City of Wildomar has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes and tobacco products to minors; and finally, a nd most importantly, in protecting children from being lured into illegal activity through the misconduct of adults. It is the intent of this chapter to encourage responsible tobacco retailing and to discourage violations of tobacco-related laws, especially those that prohibit or discourage the sale or distribution of tobacco products to minors, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalty provided therefor. (Ord. 18 § 2, 2008, RCC § 5.68.010)

§ 5.64.020. Definitions.

For the purposes of this chapter, the followi ng words and terms shall have the following meanings:
"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of the ordinance codified in this chapter is presumed not to be an arm's length transaction. "Department" means the City health officer or designee. "Hookah lounge" means any facility, building, st ructure, or location where customers smoke tobacco or other substances through one or mo re hookah pipes (also commonly referred to as a hookah or waterpipe).
"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Proprietor" means a person with an ownershi p or managerial interest in a business. An ownership interest shall be deemed to exist wh en a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share, ultimate control over the day-to-day operations of a business. "Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public w ithout the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display. "Smoking" means possessing a lighted tobacco product, tobacco paraphernalia, or any other weed or plant (including a lighted pipe, lighted cigar, or lighted cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia, or any othe r weed or plant (including a pipe, cigar, or cigarette of any kind).
"Tobacco paraphernalia" means any item designed or marketed for the consumption, use or preparation of tobacco products.
"Tobacco product" means any of the following:
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1. Any product containing, made from, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heat ed, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff.

2. Any electronic smoking or vape device.

3. Any component, part or accessory of a tobacco product, whether or not it is sold separately. "Tobacco retailing business" means any new retail business in which at least 15% of the floor or display area is devoted to tobacco products, tobacco paraphernalia or both. "Vapor lounge" means any facility, building, stru cture, or location where customers use one or more electronic smoking devices to deliver an inhaled dose of nicotine or other substance within the establishment.
(Ord. 18 § 2, 2008, RCC § 5.68.020; Ord. 172 §§ 5, 6, 2019)

§ 5.64.030. Tobacco license prerequisite—Application process.

A. It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pur suant to this chapte r for each location at which that activity is to occur. Tobacco reta iling without a valid tobacco retailer's license shall constitute a public nuisance.

B. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a revoked license:

1. Shall keep all tobacco products and to bacco paraphernalia from public view. The public display of tobacco products or tob acco paraphernalia in violation of this provision shall constitute an "offer for sale."

2. Shall not display any advertisement re lating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer's location or that would lead a r easonable consumer to believe that such products can be obtained at the tobacco retailer's location.

C. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right ot her than the right to act as a tobacco retailer at the location in the City identified on the face of the license. For example, nothing in this chapter shall be construed to render inapplicable , supersede, or apply in lieu of any other provision of applicable law, including, wit hout limitation, any condition or limitation on smoking in enclosed places of employment made applicable to business establishments by California Labor Code Section 6404.5.

D. Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct retail tobacco sales and sh all be signed by each proprietor or an authorized agent thereof. It is the responsib ility of each proprietor to be informed of the laws affecting the issuance of a tobacco retailer's license. A license that is issued in error or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to Section 5.64.090(D) of this chapter.

E. In addition to any other penalty under this chapter a person found to have engaged in tobacco retailing without a valid tobacco retailer's license shall be ineligible to apply for or 602
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be issued a tobacco retailing license according to the following:

1. After a first violation for a person with in any 60-month period, no new license may issue for the person as a proprietor until 30 days have passed from the date of last violation.

2. After a second violation for a person within any 60-month period, no new license may issue for the person as a proprietor until 90 days have passed from the date of last violation.

3. After three or more violations for a person within any 60-month period, no new license may issue for the person as a proprietor until five years have passed from the date of last violation.

4. Each day that a person engages in tobacco retailing without a valid tobacco retailer's license shall constitute a separate violation.

F. Tobacco products and tobacco paraphernalia o ffered for sale or exchange in violation of this chapter are subject to seizure and fo rfeiture. Forfeited tobacco products and tobacco paraphernalia shall be destroyed.

G. All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. The name, address, and telephone number of each proprietor.

2. The business name, address, and telephone nu mber of the single fixed location for which a tobacco retailer's license is sought.

3. The name and mailing address authorized by each proprietor to receive all license- related communications and notices (the "a uthorized address"). If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (G)(2) of this section.

4. Proof that the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.

5. Whether or not any proprietor is a person who has been determined to have violated the ordinance codified in this chapter or has been a proprietor at a location that has been determined to have violated the ordinance codified in this chapter and, if so, the dates and locations of all such violations.

6. Such other information as the Department deems necessary for the administration or enforcement of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.68.030)

§ 5.64.040. License issuance—Standards.

A. No license shall be issued by the City aut horizing a tobacco retailing business, including hookah lounges and vapor lounges, for any location other than a fixed location which shall be at least 600 feet away from any public/p rivate schools or public/private parks. In addition, tobacco retailing business, including hookah lounges and vapor lounges, by persons on foot or from vehicles are strictly prohibited. 603
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B. Upon the receipt of an application for a tob acco retailer's license and the license fee, the Department shall issue a license unless substan tial record evidence demonstrates that one of the following bases for denial exists:

1. The application is incomplete or inaccurate.

2. The application seeks authorization for t obacco retailing at a location for which a prohibition on issuing licenses is in effect pursuant to Section 5.64.090(B) of this chapter. However, this subsection shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction.

3. The application seeks authorization for tobacco retailing for a proprietor for which a prohibition on issuing licenses is in effect pursuant to Section 5.64.090(B) of this chapter.

4. The application seeks authorization for tobacco retailing that is prohibited pursuant to subsection A of this section, that is unlawful pursuant to any other ordinance, or that is unlawful pursuant to any other local, state, or federal law. (Ord. 18 § 2, 2008, RCC § 5.68.040; Ord. 172 § 7, 2019)

§ 5.64.050. Licenses nontransferable.

A. A tobacco retailer's license is nontransferable. If the information required in the license application pursuant to Section 5.64.030(G)(1) through (3) changes, a new tobacco retailer's license is required before the business may c ontinue to act as a tobacco retailer. For example, if a proprietor to whom a license h as been issued changes business location, that proprietor must apply for a new license prior to acting as a tobacco retailer at the new location. Or if the business is sold, the new owner must apply for a license for that location before acting as a tobacco retailer.

B. Notwithstanding any other provision of this chapter, violations accumulated against a location or business shall continue to be counted against the location or business unless the location or business has been transferred to a new proprietor and the new proprietor provides the City with documentation demonstrating by clear and convincing evidence that the new proprietor has acquired or is acquiring the location or business in an arm's length transaction. (Ord. 18 § 2, 2008, RCC § 5.68.050)

§ 5.64.060. Fees for license.

A tobacco retailer license is invalid unless the appr opriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or he r tobacco retailer's license no later than 30 days prior to expiration of the term.
(Ord. 18 § 2, 2008, RCC § 5.68.060)

§ 5.64.070. Other requirements and prohibitions.

A. Display of License. Each license shall be prom inently displayed in a publicly and readily visible location at the licensed location.
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B. Positive Identification Required. No person sha ll engage in tobacco retailing without first examining the identification of the purchaser, if the purchaser reasonably appears under the age of 27 years old, and confirming that the proposed sale is to a purchaser who is at least the minimum age in state law for being sold the tobacco product or tobacco paraphernalia.

C. Minimum Age for Persons Selling Tobacco. No person shall engage in tobacco retailing if the person is younger than the minimum age in state law for being sold or for possessing any tobacco product.

D. Self-Service Displays Prohibited. No person shall display tobacco products or tobacco paraphernalia by means of a self-service display or to engage in tobacco retailing by means of a self-service display. A tobacco retailer who chooses to display tobacco products or tobacco paraphernalia in a locked cabinet, ca se or similar structure must post a clear and conspicuous sign on or within five feet of the display stating that the cabinet, case or structure is locked at all times.

E. Tobacco retailing businesses, hookah lounges and vapor lounges are only permitted in the C-1/C-P and C-P-S zones provided they are at least 600 feet away from any public/private school or public/private park, and subject to the tobacco licensing requirements of Chapter

5.64 of this Code.
(Ord. 18 § 2, 2008, RCC § 5.68.070; Ord. 172 § 8, 2019)

§ 5.64.080. License violation.

A. Violation of Tobacco-Related Laws. It shall be a violation of a tobacco retailer's license for a licensee, including his or her agent or employee, to violate any of the following laws:

1. Any local, state, or federal tobacco-related law.

2. Local, state, or federal sign laws.

3. Local, state, or federal laws restricting the age of purchase for any product.

B. License Compliance Monitoring.

1. Compliance with this chapter shall be monitored by the Department. Any peace officer may enforce the penal provisions of this chapter.

2. The Department shall check the compliance of each tobacco retailer at least three times per 12-month period. The department may ch eck the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that the Department may check the compliance of tobacco retailers previously found in violation a greater number of times.

3. Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, th e compliance checks shall determine compliance with other tobacco-related laws.

4. The City shall not enforce any tobacco-related minimum-age law against a person who otherwise might be in violation of such la w because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
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a. The youth decoy is participating in a compliance check supe rvised by a peace officer or a code enforcement official; or
b. The youth decoy is participating in a co mpliance check funded in part, either directly or indirectly through sub-contr acting, by the Department of Health and Human Services or funded in part, either directly or indirectly through sub- contracting, by the California Department of Health Services.

C. No Contest Plea. A plea of "no contest" or its equivalent by a tobacco retailer for a violation of any law designated in subsection A above shall operate as an admission that this chapter has been violated for the purposes of license revocation. (Ord. 18 § 2, 2008, RCC § 5.68.080)

§ 5.64.090. Revocation of license.

A. Revocation of License for Violation.

1. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the hearing officer finds, after no tice to the licensee and opportunity to be heard, that the licensee, including his or her agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter (hereinafter "license violation").

2. No attorney may take part in the defense of a license revocation proceeding unless the attorney's participation meets any excepti on for attorneys appearing in small claims court under California Code of Civil Procedure Section 116.530. This prohibition shall not apply if the City elects to be represen ted by an attorney in the proceeding and notice of the election is include in the notice given pursuant to subsection (A)(1) of this section.

3. For a first or second alleged license violati on within any 60-month period, the City Attorney may engage in se ttlement negotiations and ma y enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the City Council. Settlements shall not be confidential and shall contain the following minimum terms:
a. After an alleged first license violation at a location within any 60-month period:
i. An agreement to stop acting as a tobacco retailer for at least one day; ii. A settlement payment to the City of at least $1,000.00; and iii. An admission that the violation occurred and a stipulation that the violation will be counted when considering wh at penalty will be assessed for any future violations.
b. After an alleged second license violation at a location within any 60-month period:
i. An agreement to stop acting as a tobacco retailer for at least 10 days; ii. A settlement payment to the City of at least $5,000.00; and iii. An admission that the violation occurred and a stipulation that the 606
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violation will be counted when considering what penalty will be assessed for any future violations.

B. New License after Revocation for Violation.

1. After a first license violation at a location within any 60-month period, no new license may issue for the location until 10 days have passed from the date of the last revocation or violation, which-ever is later.

2. After a second license violation at a location within any 60-month period, no new license may issue for the location until 30 days have passed from the date of the last revocation or violation, whichever is later.

3. After of a third license violation at a lo cation within any 60-month period, no new license may issue for the location until 90 days have passed from the date of the last revocation or violation, whichever is later.

4. After four or more license violations at a location within any 60-month period, no new license may issue for the location until five years have passed from the date of the last revocation or violation, whichever is later.

C. Expiration of License. A tobacco retailer's lic ense that is not timely renewed pursuant to Section 5.64.060 shall expire at the end of its term. To reinstate a license that has expired due to the failure to timely pay the renewal fee, the proprietor must:

1. Submit the renewal fee plus a reinstatement fee of 10% of the renewal fee.

2. Submit a signed affidavit affirming that the proprietor has not sold any tobacco product or tobacco paraphernalia during any period that the license was expired.

D. Revocation of License Issued in Error. A tob acco retailer's license shall be revoked if the Department finds, after notice and opportunity to be heard, that one or more of the bases for denial of a license under Section 5.64.040(B) existed at the time application was made or at any time before the license was issued. The re vocation shall be without prejudice to the filing of a new application for a license.
(Ord. 18 § 2, 2008, RCC § 5.68.090)

§ 5.64.100. Enforcement.

The remedies provided by this chapter are cu mulative and in addition to any other remedies available at law or in equity.

A. Whenever evidence of a violation of this chapter is obtained in part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.

B. Violations of this chapter are subject to a civil action brought by the City Attorney punishable by:

1. A fine not less than $250.00 and not exceeding $1,000.00 for a first violation in any 60-month period; or
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2. A fine not less than $1,500.00 and not exceeding $2,500.00 for a second violation in any 60-month period; or

3. A fine not less than $3,000.00 and not exceeding $10,000.00 for a third or subsequent violation in any 60-month period.

C. Violations of this chapter may, in the discr etion of the City Attorney, be prosecuted as infractions or misdemeanors.

D. Causing, permitting, aiding, abetting, or con cealing a violation of any provision of this chapter shall constitute a violation.

E. Violations of this chapter are declared to be public nuisances.

F. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (Ord. 18 § 2, 2008, RCC § 5.68.100)
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CHAPTER 5.68

BUSINESS REGISTRATION AND LICENSING PROGRAM

§ 5.68.010. Statement of purpose and intent.

The purpose of the provisions of this chapter is solely to provide for necessary regulation of lawful businesses being conducted within the City, in order to protect the public health, safety, and welfare of the people of the City of Wildomar. Business registrationlicense fees charged under the provisions of this chapter shall be revenue neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration and licensing program. No business registrationlicense fee charged under the provisions of this chapter shall be construed as a business registrationlicense tax. (Ord. 18 § 2, 2008, RCC § 5.72.010)

§ 5.68.020. Definitions.

As used in this chapter:
"Business" means and includes professions, trad es, vocations, enterprises, establishments, occupations, and all and every kind of calling, any of which are conducted, transacted or carried on for the purpose of earning in whole or in part a profit or livelihood, whether or not a profit or livelihood actually is earned thereby, whether paid in money, goods, labor, or otherwise. This definition shall apply to business establishments located within the City that are operated at a fixed physical location and those that are opera ted on a mobile basis by a mobile operator as defined in this section.
"City" means the City of Wildomar and its respective agencies and departments thereof. "Home occupation" means those uses that are cu stomarily conducted in a residence, provided that such uses must be incidental and secondary to the principal use of a dwelling as a residence.

The following criteria shall apply to any home occupation:

1. Except for large family day care homes which may require two assistants and small family day care homes which may require one assistant to be present in addition to the licensee or provider, no person other than a resident of the dwelling shall be employed on the premises in the conduct of a home occupation;

2. A home occupation shall be conducted entirely w ithin the dwelling and shall be incidental and secondary to the use of the dwelling as a residence;

3. A home occupation shall not be conducted in an accessory structure and there shall be no storage of equipment or supplies in an accessory structure or outside building;

4. The residential character of the exterior and interior of the dwelling shall not be changed;

5. No vehicles or trailers except those normally in cidental to residential use shall be kept on the site; and

6. No signs other than one unlighted identification sign, not more than two square feet in area, shall be erected on the premises.
"License Business registration inspector" means any employee, agent, representative or contractor designated by the City Manager, or designee,director of the transportation and land management agency of the City to carry out business registrationlicense inspections under the provisions of this chapter.
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"Local law enforcement or governmental entities" means any city, charter city, county, charter county, or city and county, or the respective agencies and departments thereof, in the State of California.
"Mobile operator" means and refers to those businesses that are operated on a mobile basis utilizing a motor vehicle to visit customer lo cations to carry out business-related services.

This term shall be expressly limited to tho se mobile-operated busin esses involving: mobile automobile or other motor vehicle washing; p est control services; mobile carpet, drape or furniture cleaning; concrete mixing or cutting; masonry; painting and coating; landscaping; pool and fountain cleaning; and Port-a-Potty or other portable toilet servicing. "Nuisance" shall have the same meaning as set forth in California Civil Code Section 3479. "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every ki nd, clubs, common-law trusts, societies, and individuals conducting, transacting or carrying on any lawful business within the City other than as an employee.
"Productive hourly rate" means and refers to the fully burdened hourly rates for each job classification required to provide a specified service. Hourly rates for services shall be established through the yearly budget process and adopted by the City Council as part of the City budget public hearings.
"Retail greenhouses" means and refers to all co mmercial greenhouses other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000.00 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to California Food and Ag ricultural Code Sections6701 et seq. and any applicable state regulations promulgated thereto.
"Retail nurseries" means and refers to all commercial nurseries other than those that are licensed by the State of California in the "producer" category to grow and sell nursery stock in the amount of $1,000.00 or more in one year and that are inspected by the County Agricultural Commissioner pursuant to California Food and Agricultural Code Sections 6701 et seq. and any applicable state regulations promulgated thereto.
"Sworn statement" means a written affidavit, d eclaration, or statement made under penalty of perjury under the laws of the State of California.
"TLMA" means and refers to the Transportation and Land Management Agency of the City and departments thereof.
(Ord. 18 § 2, 2008, RCC § 5.72.020)

§ 5.68.030. Business registration and license required.

Every person conducting or carrying on a business as defined in this chapter anywhere in the City shall register by obtaining a business registrationlicense. A separate business registrationlicense shall be obtained for each physical location (i ncluding branch establishments) or for each business operated on a mobile basis by a mob ile operator as defined in this chapter.

Notwithstanding anything in this code to the contrary, a vendor or other person conducting a discrete, temporary business activity pursuant to and within the scope of a duly approved Temporary Event Permit (TEP) or Temporary U se Permit (TUP) issued to a permittee/operator shall not be required to obtain a separate business registration solely for such activity. (Ord. 18 § 2, 2008, RCC § 5.72.030)

§ 5.68.040. Fee Exemption.

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and enforcement fees as provided in Sections 5.68.100 and 5.68.130 of this chapter, shall not be required for those businesses fa lling within any of the exempt categories described in this section so long as a timely claim of exemption is filed with the City. Any person claiming an exemption pursuant to the pr ovisions of this section shall, within 60 calendar days of being sent the initial written notification of the requirement to obtain a business registration, make a claim with the City and present all documentation substantiating the claim. If su ch evidence is presented in an untimely manner, such person shall be liable for the payment of the business registrationlicense fees imposed by this chapter, including inspection and enfor cement fees as provided in Sections

5.68.100 and 5.68.130 of this chapter.

A. Churches, Temples or Other Places of Worship. Churches, temples or other places of worship, to the extent of their use for worship, religious education or the social affairs of the religious group are exempt as provided in this section. This exemption shall not apply to other activities, which are not undertaken pr imarily for members of the religious group, including, but not limited to, day schools, soci al service programs or church-owned or operated business enterprises.

B. Agriculture. The following agri cultural activities are exempt as provided in this section:
agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incide ntal to the operation of a farm or ranch, consisting of the purchase and storage of substa nces, materials, supplies, animal feeds and produce, and the marketing of farm products; provided however, that a business registration shall be required in connection with any of the following:

1. Retail nurseries;

2. Retail greenhouses; and

3. Wholesaling, processing, storage or manuf acturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.

C. Federal or State Law. The provisions of this chapter shall not be deemed or construed to apply to any person transacting or carryi ng on any business exempt by virtue of the Constitution or applicable statutes of the United States or of the State of California from the payment of such regulatory business registrationlicense fees charged pursuant to this chapter, including but not limited to the following:

1. Alcoholic beverages: manufacture, sale, purchase, possession, and transportation (see California Constitution Art. XX, §22);

2. Bail bond agents (see Insurance Code Section 1800 et seq.);

3. Banks and financial corporations (see Revenue and Taxation Code Section23182);

4. Blind person operating a vending facility (see Welfare and Institutions Code Section 19633);

5. Café musicians (see Business and Professions Code Section 16000.5);

6. Insurance company that pays an in-lieu tax or premium (see California Constitution Art. XIII, Section 28);

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8. Laundry equipment (see Business and Professions Code Section 16002.2);

9. Public utility franchise (see Public Utilities Code Sections 1011, 6001);

10. Real estate auctioneer (see Business and Professions Code Section16002.1);

11. Veterans (see Business and Professions Code Sections 16000. 7, 16001,16001.5, 16001.7); and

12. Wholesaler/commercial traveler (see Business and Professions Code Section 16002).

D. Nonprofit Organizations. Any non profit organizations that are legally recognized as tax- exempt pursuant to the provisions of 26 U.S.C. Section 501(c)(3) are exempt as provided in this section.

E. Residential Facilities. Licensed residentia l care facilities exempt from local business registration requirements under Health and Sa fety Code Sections1523.1(b)(4), 1566.2, 1568.05(b)(2), 1569.185(b)(2), 1596.803(b)(2), or 1597.45(b) are exempt as provided in this section.
(Ord. 18 § 2, 2008, RCC § 5.72.040; Ord. 173 § 4, 2019)

§ 5.68.050. Evidence of doing business.

The following circumstances shall be considered prima facie evidence that a person is conducting business in the City: where any person, by use of any sign, circular, card, brochure, telephone book, magazine, newspaper, website, electronic media or other publication, shall advertise, hold out or by any other means represent that the person is in business in the City, or when any person holds an active license or permit issued by a governmental agency indicating that the person is in business in the City, and such person fails upon request of the CityTLMA to sign and provide to the City a sworn statement attesting that such person is not conducting or carrying on a business from the City. The CityTLMA shall provide a form for the purposes of the sworn statement required by this section.
(Ord. 18 § 2, 2008, RCC § 5.72.050)

§ 5.68.060. Application and issuance of business registrationlicense.

A. Application Contents. Any person required to obtain a business registrationlicense pursuant to this chapter shall apply therefor by submitting the information required by the CityTLMA on behalf of the City. Such information shall be a sworn statement, upon an approved form provided by the CityTLMA, that may includes the name of the applicant, the ownership of the business involved, and the any otherfollowing information necessary, as determined by the City, to enable it to issue a business registration for which the application is made.:

1. The name, location and exact nature or ki nd of business for which the license is requested. In the event that the business is not carried out at a permanent location, the names and places of residence of those owning the business shall also be required;

2. A copy of any current permit issued by the State of California Board of Equalization to a person who contracts, sells or delivers any goods, wares, or merchandise in the City for which sales or use tax is payable to the State of California;

3. In the event that application is made fo r the issuance of a license to a person doing business under a fictitious name, the application shall set forth the names and places of residence of those owning such business;
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4. In the event that application is made for the issuance of a license to a corporation or partners, the application shall set forth the names and place of residence of the officers or partners thereof;

5. The urban runoff and stormwater information form shall also be completed and signed;

6. Any further information which TLMA may re quire to enable it to issue a business license for which the application is made.

B. Issuance. A business registrationlicense shall be issued upon satisfactory completion of an application and payment of the fee prescribed in this chapter. Such registrationlicense shall remain in full force and effect for a period of one year unless one of the following events takes place: business changes address or name, business is discontinued or business ownership changes.

C. License Fee. A standard business license fee shall be charged by the City to cover the reasonable costs of providing the regulatory services included in the business registration and licensing program. The business registrationlicense holder shall also be subject to periodic supplemental charges by the Ci ty in the form of an additional license inspection and enforcement fee as provided in Sections 5.68.100 and 5.68.130 of this chapter. No business license fee charged under the provisions of th is chapter shall be construed as a business license tax.
(Ord. 18 § 2, 2008, RCC § 5.72.060)

§ 5.68.070. Renewal of business registrationlicense.

Any person who has obtained a business registrationlicense pursuant to this chapter shall apply for renewal on an annual basis prior to expiration of the then-current business registrationlicense term. Such renewal application sha ll be accompanied by payment of the business license fee prescribed by this chapter.
(Ord. 18 § 2, 2008, RCC § 5.72.070)

§ 5.68.080. Nontransferable—Change of location or ownership, name of business.

No business registrationlicense issued pursuant to this chapter shall be automatically transferable; provided however, that where a registrationlicense is issued indicating a person is conducting, transacting or carrying on a business at a particular place under a particular name, such registrationlicense holder, upon application therefor, and payment of a change fee may obtain a new registrationlicense showing some other location within the City and/or name of the business and/or business ownership change. A new business registration and license shall be required as provided in Section 5.68.030 of this chapter in the event that there are any other changes than described in this section that take place with regard to a business. (Ord. 18 § 2, 2008, RCC § 5.72.080)

§ 5.68.090. Duplicate Registrationlicense.

A duplicate registrationlicense may be issued to replace any registrationlicense issued hereunder which has been lost or destroyed where such registrationlicense holder submits a statement of such fact and provides payment of a duplicate registrationlicense fee prescribed by this chapter. (Ord. 18 § 2, 2008, RCC § 5.72.090)
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§ 5.68.100. Business registration fees.

The purpose of the provisions of this chapter is solely to provide for necessary regulation of lawful businesses being conducted within the City, in order to protect the public health, safety, and welfare of the people of the City. Business registration fees charged under the provisions of this chapter shall be revenue-neutral in that they may not exceed the reasonable costs of providing the regulatory services included in the business registration program. No business certificate fee charged under the provisions of this chapter sh all be construed as a business tax. The fees associated with the business registration program will be set by City Council resolution. (Ord. 18 § 2, 2008, RCC § 5.72.100; Ord. 173 § 1, 2019)

§ 5.68.110. Contents of business registrationlicense—Display required.

A. Every person who has submitted a satisfactory application and who has paid the required fee, as provided in this chapter, shall be issued a business registrationlicense, which contains the following information:

1. The name of the person to whom the registrationlicense is issued;

2. The name of the business licensed;

3. The physical location where such business is to be transacted and carried on;

4. The date of expiration of such registrationlicense; and

5. Such other information as may be necessary for the enforcement of the provisions of this chapter.

B. Any person conducting, transacting or carrying on a business at a fixed location in the City shall keep the business registrationlicense posted in a conspicuous place in plain public view upon the physical premises where such business is taking place.

C. Any person conducting, transacting or carryi ng on a business but not operating at a fixed location in the City shall always keep the business registrationlicense on his or her person at all times while conducting, transacting or carrying on the business for which it is issued.

Such person shall display the business registrationlicense to any license inspector, code enforcement officer, peace officer or any ot her authorized representative employed by the City upon request.
(Ord. 18 § 2, 2008, RCC § 5.72.110)

§ 5.68.120. LicenseBusiness inspectors.

BusinessLicense inspectors may enter free of charge, at any time, any place of business for which a business registrationlicense is required by this chapter and demand the display of any such registrationlicense by any person engaged or employed in th e transaction or carrying on of such business.
(Ord. 18 § 2, 2008, RCC § 5.72.120)

§ 5.68.130. Water quality inspectio ns and enforcement—Additional registrationlicense fees.

A businesslicense inspector, code enforcement officer or peace officer employed by the City may enter free of charge, at any time, any place of business for which a business registrationlicense is required by this chapter and in spect the premises, grounds, facilities and structures located therein for compliance with water quality requirements imposed by Title 15 and Chapter 13.12, California Wate r Code Sections 13000 et seq. (Porter- 614
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Cologne Water Quality Control Act), Title 33 U.S.C. Sections 1251 et seq. (Clean Water Act) and any applicable state or federal regul ations promulgated ther eto, and any related administrative orders or permits issued in connection therewith. Failure to maintain the business premises, grounds, facilities and struct ures located therein in compliance with water quality requirements is a violation of this chapter. The City may initiate enforcement actions against business registrationlicense holders whose business premises are found upon inspection to be in violation of water quality requirements. The business registratrionlicense holder shall be liable to the City for an additional license inspection and enforcement fee based on the hourly rates provided in Section 5.68.100 of this chapter. (Ord. 18 § 2, 2008, RCC § 5.72.130)

§ 5.68.140. False statements.

Every person who makes any false statement or representation in any application for a business registrationlicense commits a violation of this chapter. (Ord. 18 § 2, 2008, RCC § 5.72.140)

§ 5.68.150. Unlawful business.

No business registrationlicense issued pursuant to this chapter shall be construed as authorizing the conduct of or continuance of any occupation, use or activity of any kind which is prohibited by City ordinance, state or federal law or regulation.
(Ord. 18 § 2, 2008, RCC § 5.72.150)

§ 5.68.160. Violation—Penalty.

Any person in violation of this chapter is subj ect to the procedures and penalties set forth in Chapter 1.16.
(Ord. 18 § 2, 2008, RCC § 5.72.160)
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CHAPTER 5.72

ROADSIDE VENDING

§ 5.72.010. Purpose, intent, and findings.

A. The purpose and intent of this chapter is to protect the public safety and welfare against the problems created by the proliferation of Roadside Vending in the City. The increase in the number of unregulated roadside vendors has cr eated significant public safety and welfare concerns in the City.

B. The City Council finds that the regulation and prohibition of the Roadside Vending activities specified in this chapter are necessar y to prevent significant health and traffic hazards causing bodily harm to persons in the City. Further, the City Council finds that the Roadside Vending activities within the public road right-of-way may cause automobile accidents that could result in serious and fatal bodily harm to citizens traveling through and living within the City, and for those reasons, additional regulation of roadside vendors is needed.
(Ord. 18 § 2, 2008, RCC § 5.76.010; Ord. 176 § 2, 2020)

§ 5.72.020. Definitions.

Whenever, in this chapter, the following terms are used, they shall have the meaning ascribed to them in this section. If not otherwise defined in this section, all terms shall have their ordinary meaning.
"Department of Environmental Health" m eans the Riverside C ounty Department of Environmental Health.
"Enforcement officer" means all of the following:

1. The Riverside County Director of Environmental Health and duly authorized designees;

2. The Wildomar Chief of Police and duly authorized designees; and

3. The Wildomar Transportation and Land Management AgencyPublic Works Director and/or City Engineer and duly authorized designees; and.

3.4. The Wildomar Community Development Director and duly authorized designee. "Public road right-of-way" means 40 feet from the pavement edge of any road, public street, private street, intersection, County highway or alley up to, but not within, the boundaries of the adjacent private properties.
"Residential street" means any public or private street within a residence district as defined within California Vehicle Code Section 515.
"Roadside vending" means the offering or displaying for sale or selling of any food, merchandise, goods, or wares, from a vehicle.
"Street" means any road, public street, private st reet, intersection, County highway or alley. "Vehicle" means a motorized vehicle as defined in California Vehicle Code Section 670. "Vendor" means any person that engages in vending activities including from a lawfully parked vehicle.
(Ord. 18 § 2, 2008, RCC § 5.76.020; Ord. 176 § 2, 2020) 616
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§ 5.72.030. Prohibition.

No person shall offer or display for sale or sell any food, merchandise, goods, or wares within the public road right-of-way, road median, or street unless otherwise allowed under Section 5.72.040 of this chapter.
(Ord. 18 § 2, 2008, RCC § 5.76.030; Ord. 176 § 2, 2020)

§ 5.72.040. Roadside vending from lawfully parked vehicle on residential streets.

A person may engage in roadside vending from a lawfully parked vehicle on a residential street, provided the following restrictions are followed:

A. No person roadside vending from a lawfully parked vehicle shall operate any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet, unless in conjunction with a special event as set forth in Title 17.

B. No person shall engage in roadside vending fro m a lawfully parked vehicle at one fixed location longer than necessary to complete a sales transaction. Such sale shall not exceed five minutes.

C. No vendor shall leave any location without firs t picking up, removing and disposing of all trash or refuse remaining as the result of sales.
(Ord. 18 § 2, 2008, RCC § 5.76.040; Ord. 176 § 2, 2020)

§ 5.72.050. Compliance with other applicable law.

A. Any vendor who engages in roadside vending activities that fall within the specified exception in Section 5.72.040 of this chapter or beyond the public road right-of-way on private property shall comply with otherwise applicable laws, including business licensing, permitting and zoning requirements.

B. Any vendor engaged in the reta il sale of food shall obtain a food facility permit from the Department of Environmental Health.
(Ord. 18 § 2, 2008, RCC § 5.76.050; Ord. 176 § 2, 2020)

§ 5.72.060. Enforcement.

A. In addition to any criminal, civil, or admini strative action that may be taken pursuant to Chapter 1.16, an enforcement officer may seize any goods, wares, merchandise, perishable or nonperishable foods, and/or equipment, in cluding pushcarts, but not including vehicles, used in violation of this chapter pending an administrative hearing before the Director of Code Enforcement or authorized designee as set forth in subsection B of this section. At the time of seizure, the seller shall be served by the enforcement officer with an itemized receipt identifying the seized items, and a notice of h earing, which shall have the date, time, and place (address) of the hearing on the seized items. The said hearing must be held within 10 business days following the service of receipt and notice of hearing for the seized items. If the seller is unavailable or unknown, the receipt and notice of hearing may be posted at the location where the items were seized.