City Council

# CITY OF WILDOMAR

CITY COUNCIL SPECIAL MEETING MINUTES APRIL 19, 2021

## CALL TO ORDER – SPECIAL SESSION - 10:00 A.M.

The Special meeting of April 19, 2021 of the Wildomar City Council was conducted electronically pursuant to the provisions of Governor’s Executive Orders N-25-20 and N-29-20 and was called to order by Mayor Nigg at 10:00 a.m.

City Council Roll Call showed the following:

Members in attendance: Council Member Moore, Morabito, Swanson, Mayor Nigg

## Members absent: Mayor Pro Tem Benoit

Staff in attendance: City Manager Nordquist, Assistant City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Acting Administrative Services Director Howell, City Treasurer Riley, Economic Development Director Davidson, Intern II/Associate Engineer Luna and Parks, Community Services and Cemetery District Manager Torres.

The flag salute was led by Councilmember Morabito.

## PUBLIC COMMENTS

There were no public comments.

## APPROVAL OF THE AGENDA AS PRESENTED

There were no changes to the agenda as presented.

## 1.0 CONSENT CALENDAR

A MOTION was made by Councilmember Moore seconded by Councilmember Swanson to approve the Consent Calendar.

MOTION carried 4-0, by the following vote:

YEA: Moore, Morabito, Swanson, Mayor Nigg NAY: None ABSTAIN: None ABSENT: Mayor Pro Tem Benoit

* * *

## 1.1 Faith Bible Church - Murrieta (CUP No. 17-0111):

Grading Agreement, BMP Facilities Agreement (CFD Maintained BMPs) and BMP Facilities Agreement (Privately Maintained BMPs) Authorized the City Manager to execute the Grading Agreement, the BMP Facilities Agreement (CFD Maintained BMPs) and the BMP Facilities Agreement (Privately Maintained BMPs) with Faith Bible Church - Murrieta.

## 2.0 PUBLIC HEARINGS

There were no items scheduled.

## 3.0 GENERAL BUSINESS

There were no items scheduled.

## ADJOURN THE CITY COUNCIL MEETING

There being no further business, Mayor Nigg declared the meeting adjourned at 10:02 a.m.

Submitted by: Approved by:

Janet Morales City Clerk

Dustin Nigg Mayor

CITY OF WILDOMAR CITY COUNCIL AGENDA APRIL 19, 2021 10:00 A.M. – SPECIAL MEETING Pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20, the City Council Meeting will be conducted electronically via video and teleconferencing. Join Zoom Meeting: https://us02web.zoom.us/j/84801699357 OR Dial in: 1 (669) 900 6833 | Webinar ID: 848 0169 9357 Dustin Nigg, Mayor, District 2 Ben J. Benoit, Mayor Pro Tem, District 1 Bridgette Moore, Council Member, District 4 Joseph Morabito, Council Member, District 3 Marsha Swanson, Council Member, District 5 Gary Nordquist Thomas D. Jex City Manager City Attorney

City of Wildomar City Council Agenda April 19, 2021 2 The City Council Meeting will be conducted electronically via video and teleconferencing pursuant to the provisions of the Governor’s Executive Order N-29-20 The City of Wildomar encourages your participation in the meeting; however, in order to minimize the spread of the COVID-19 virus, this meeting is being conducted utilizing video and teleconferencing. The City Council Chambers will not be open to the public. The public may view the meeting on television and/or online and may participate via ZOOM Webinar Videoconferencing. You may view the Regular Session meeting live on the City of Wildomar’s website at http://www.cityofwildomar.org or on cable TV through Frontier Channel 36 or AT&T channel 99. To view from the website, select the live stream link on the top of the front page. Instructions for Electronic Participation If you would like to make a public comment and/or a comment on a specific agenda item, please follow the following instructions: 1. Before joining the call, please silence your other communication devices such as your cell or desk phone. This will prevent any feedback or interruptions during the meeting. 2. Log in or call into ZOOM via desktop/laptop, smartphone or telephone. You must download the ZOOM app to access the link from an Apple smartphone or IPAD. Please Note: During the meeting all participants video will be turned off during the entire meeting and you will be placed on Mute by the host. You will not be able to mute or unmute your lines manually. The host will unmute your line when you are called to speak. 3. During Public Comment not on the Agenda and after each Agenda Item, the Mayor will announce Public Comment. If you would like to speak, please raise your hand virtually to be placed in the queue. When your name or the last 3 digits of your phone number are called, the host will unmute you. Public Comments will be limited to 3 minutes or such other time as the Council may provide. Directions to virtually raise hand on a DESKTOP/LAPTOP: • At the bottom of the list, please click on the grey “Raise Hand” button.

City of Wildomar City Council Agenda April 19, 2021 3 Directions to virtually raise hand on a SMARTPHONE: • Look for the “Raise Hand” button on the screen and click the button. Directions to virtually raise hand on a TELEPHONE line only: • Dial *9 on your keypad to signal that you would like to comment. When the Host unmutes you, Dial *6 to unmute. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the City Clerk’s Office at 951-677-7751 x210. The City of Wildomar thanks you in advance for taking all precautions to prevent spreading the COVID 19 virus. NOTICE: City Council meetings may be live-streamed, photographed and/or videotaped. Participation at the meeting constitutes consent by members of the public to the City’s and any third party’s use in any media, without compensation or further notice, of audio, video, and/or pictures of meeting attendees.

City of Wildomar City Council Agenda April 19, 2021 4 CALL TO ORDER – SPECIAL SESSION - 10:00 A.M. ROLL CALL FLAG SALUTE PUBLIC COMMENTS This is the time when the Council receives general public comments regarding any items or matters within the jurisdiction that do not appear on the agenda. APPROVAL OF THE AGENDA AS PRESENTED The City Council to approve the agenda as it is herein presented, or, if it is the desire of the City Council, the agenda can be reordered, added to, or have items tabled at this time. 1.0 CONSENT CALENDAR All matters listed under the Consent Calendar are considered routine and will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the Council, the Public, or Staff request to have specific items removed from the Consent Calendar for separate discussion and/or action. 1.1 Faith Bible Church - Murrieta (CUP No. 17-0111): Grading Agreement, BMP Facilities Agreement (CFD Maintained BMPs) and BMP Facilities Agreement (Privately Maintained BMPs) RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute the Grading Agreement, the BMP Facilities Agreement (CFD Maintained BMPs) and the BMP Facilities Agreement (Privately Maintained BMPs) with Faith Bible Church - Murrieta. 2.0 PUBLIC HEARINGS There are no items scheduled. 3.0 GENERAL BUSINESS There are no items scheduled.

City of Wildomar City Council Agenda April 19, 2021 5 ADJOURN THE CITY COUNCIL MEETING REPORTS: All agenda items and reports are available for review at City Hall, 23873 Clinton Keith Road and on the City’s website at the following address: http://www.cityofwildomar.org/government/agendas___minutes. Any writings or documents provided to a majority of the City Council regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available by appointment for public inspection at City Hall during regular business hours. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans With Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person that requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting, may request such modification, accommodation, aid or service by contacting the City Clerk either in person or by phone at 951-677-7751. I, Janet Morales, Wildomar City Clerk, do certify that within 24 hours of the meeting, a true and correct copy of this agenda was posted at Wildomar City Hall, 23873 Clinton Keith Road; U.S. Post Office, 21392 Palomar Street; Wildomar Library, 34303 Mission Trail Blvd; and on the City’s website at www.cityofwildomar.org. ______________________________ Janet Morales City Clerk Dated: April 16, 2021

CITY OF WILDOMAR – CITY COUNCIL Agenda Item #1.1 CONSENT CALENDAR Special Meeting Date: April 19, 2021 ______________________________________________________________________ TO: Mayor and City Council Members FROM: Dan York, Assistant City Manager PREPARED: Emily Stadnik, Land Development Manager SUBJECT: Faith Bible Church - Murrieta (CUP No. 17-0111): Grading Agreement, BMP Facilities Agreement (CFD Maintained BMPs) and BMP Facilities Agreement (Privately Maintained BMPs) STAFF REPORT RECOMMENDATION: Staff recommends that the City Council authorize the City Manager to execute the Grading Agreement, the BMP Facilities Agreement (CFD Maintained BMPs) and the BMP Facilities Agreement (Privately Maintained BMPs) with Faith Bible Church - Murrieta. BACKGROUND: The Faith Bible Church - Murrieta Project (CUP No. 17-0111) (Project) is an approved Conditional Use Permit for commercial purposes located east of Interstate 15, northwest of Depasquale Road and north of Glazebrook Road within the City of Wildomar. The Project was approved by the City’s Planning Commission on July 10, 2019 to establish a 27,489 square-foot church (1,030 seats), that includes a 16,486 square-foot children’s ministry building, and an 18,024 square-foot gymnasium to be constructed over seven (7) phases, including on-site and off-site improvements. An aerial image of the project site and the surrounding area is provided in Attachment A and the project site plan is provided in Attachment B. The project developer is currently processing site grading and building plans with the City. The project also involves the development of a Water Quality Management Plan (WQMP) to mitigate impacts to water quality from the project site. The WQMP includes the construction of Best Management Practices (BMPs) to meet water quality requirements. DISCUSSION: Grading Agreement In order to complete on-site grading activities, the Developer is required to enter into a Grading Agreement (Attachment C) which identifies the Developer’s obligations to the City in performing and completing the grading construction. The agreement also provides the City with a bond to secure the grading activities. If the Developer fails to fulfill their obligations, the bond provides a mechanism for the City to ensure that the construction

site is brought to a safe and acceptable condition. The bond is based on the Developer’s engineer’s construction cost estimate and both items are included in Attachment C. BMP Agreement The Developer is also required to enter into a Stormwater Management/BMP Facilities Agreements for CFD maintained BMPs and privately maintained BMPs, Attachments D and E with the City. The BMP Agreements identify the maintenance responsibilities of the Developer to ensure that the WQMP BMPs that are constructed with this development continue to be maintained in the future. Staff is requesting that the City Council authorize the City Manager to execute the Grading Agreement, the BMP Facilities Agreement (CFD Maintained BMPs) and the BMP Facilities Agreement (Privately Maintained BMPs). FISCAL IMPACT: There are no fiscal impacts to the City at this time. All costs related to this process are covered by developer deposits. In compliance with the City’s NPDES/MS4 Permit, the City will be required to perform inspections of the BMPs for the project during the lifetime of the development and also receive and/or process verifications from the landowner indicating that the BMPs are being maintained. These inspections and processing activities are not paid for by the landowner and require that the City use its own funds from the ‘General Fund – Stormwater’ account. If the landowner(s) fails to maintain any BMPs that they are required to maintain and the City expends funds to maintain the BMPs to ensure the City’s MS4/Storm Drain System is protected, the BMP Agreement obligates the landowner to pay the City for all associated costs incurred. Submitted by: Approved by: Daniel A. York Gary Nordquist Assistant City Manager, City Manager Public Works Director/City Engineer ATTACHMENTS: A. Aerial Image of the Faith Bible Church Project B. Faith Bible Church Site Plan C. Grading Agreement, Bond, and Cost Estimate D. BMP Facilities Agreement (CFD Maintained BMPs) E. BMP Facilities Agreement (Privately Maintained BMPs)

ATTACHMENT A Aerial Image of Project Site (Project Site Highlighted in Yellow)

Not To Scale H:\PDATA\154408_Faith Bible Church TIA\Traffic\Exhibits Exhibit 2 Project Site Plan GLAZEBROOK RD.3ATTACHMENT B

ATTACHMENT C

RIV #4849-0958-0384 v2 AGREEMENT FOR GRADING PROJECTS This Agreement, made and entered into by and between the City of Wildomar, Riverside County, State of California, hereinafter called City, and FAITH BIBLE CHURCH – MURRIETA, a California nonprofit corporation, hereinafter called Landowner. WITNESSETH FIRST: Landowner, for and in consideration of the approval of a grading plan and the issuance of a grading permit on that certain land division known as APN 376-410-024 and APN 376-410-002, (the “Property”) agrees, at Landowner's own cost and expense, to furnish all labor, equipment, and material necessary to perform and complete in a good and workmanlike manner, within 12 months from the date this agreement is executed, said grading and all work incidental thereto (the “Work”) in accordance with the grading plans for the development of the Property which have been approved by the City Engineer, and are on file in the Office of the City of Wildomar, Public Works/Engineering Department, and the standards set forth in Wildomar Municipal Code Chapter 15, as it may be amended from time to time, which are expressly made a part of this agreement. Landowner further agrees to comply with any and all laws, regulations and permits pertaining to water quality applicable to the Work, including but not limited to the Clean Water Act, the Porter-Cologne Water Quality Control Act, and all permits and regulations issued pursuant thereto. All of the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approval of the Work is made by the City Engineer. The estimated cost of said Work is the sum of Two Hundred Ninety-Two Thousand Five-Hundred Dollars ($292,500.00 ), which covers [precise (fine) grading only.] SECOND: Landowner agrees to pay to the City the actual cost of such inspections of the Work as may be required by the City Engineer. Landowner further agrees that if suit is brought upon this agreement or any security guaranteeing the completion of the Work, all costs and reasonable expenses and fees incurred by the City in successfully enforcing such obligations shall be paid by Landowner, including reasonable attorney's fees, and that upon entry of judgment, such costs, expenses, and fees shall be taxed as costs and included in any judgment rendered. THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss or damage happening or occurring to the Work specified in this agreement prior to the completion and approval hereof, nor shall City or any officer or employee thereof be liable for any persons or property injured by reason of the acts or omissions of Landowner, his agents or employees in the performance of the Work, and all of said liabilities are assumed by Landowner. Landowner agrees to protect, defend and hold harmless City and the officers and employees thereof from all loss, liability or claim because of, or arising out of the acts or omissions of Landowner, his agents and employees, in the performance of this Agreement. Separately, and not as a limitation on the foregoing duty to protect, defend, and indemnify City, Landowner agrees, as required by Section 13.12.090 of the Wildomar Municipal Code, to protect, defend and indemnify City, or any officer or employee thereof, in any administrative or judicial enforcement action by the State Water Board, Regional Water Quality Control Board, or any other federal, state or local agency, as well as in any action brought against the City by a non-governmental organization relating to one or more alleged violations of the NPDES permit or other federal, state or local water quality requirements by Landowner, his agents or employees, including but not limited to any and all costs, attorneys’ fees, fines or penalties. FOURTH: The Landowner hereby grants to the City, and to any agent or employee of the City, the irrevocable permission to enter upon the Property for the purpose of inspecting or completing the Work. This permission shall terminate in the event that Landowner has completed the Work within the time specified or any extension thereof granted by the City Engineer.

RIV #4849-0958-0384 v2 FIFTH: Landowner agrees at all times, up to the completion and approval of the Work by the City Engineer, to give good and adequate warning to the traveling public of each and every dangerous condition caused by the Work, and to protect the traveling public from such defective or dangerous conditions. SIXTH: The Landowner, or his agents and employees shall give notice to the City Engineer at least 48 hours before beginning the Work and shall furnish the City Engineer all reasonable facilities for obtaining full information respecting the progress and manner of the Work. SEVENTH: If the Landowner, or his agents or employees, neglects, refuses, or fails to prosecute the Work with such diligence as to insure its completion within the specified time, or within such extensions of time as have been granted by the City Engineer, or if the Landowner violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications for the Work, the Landowner shall be in default of this agreement. The City Engineer shall have the power to terminate all rights of the Landowner because of such default. The determination of the City Engineer of the question as to whether any of the terms of this agreement or the plans and specifications for the Work have been violated or have not been performed satisfactorily shall be conclusive upon the Landowner, and any and all parties who may have any interest in the agreement or any portion thereof. The foregoing provisions of this section shall be in addition to all rights and remedies available to the City under law. EIGHTH: The Landowner agrees to file with City prior to the date this agreement is executed a good and sufficient security as provided in subsections (1), (2) and (3) of subdivision (a) of Section 66499 of the Government Code in any amount not less than the estimated cost of the Work for the faithful performance of the terms and conditions of this agreement, except that when the estimated cost of said Work is $2,500 or less, the security shall be a deposit of cash or its equivalent as determined acceptable by the City Engineer. Landowner further agrees that if in the opinion of the City Engineer the security becomes insufficient, Landowner agrees to renew each and every security with good and sufficient sureties or increase the amount of the security, within ten days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provision herein, if landowner fails to take such action as is necessary to comply with said notice, he shall be in default of this agreement unless the Work is completed within 90 days of the date on which the City Engineer notifies the Landowner of the insufficiency of the sureties or the amount of the bonds or both. NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds or the issuers of any instruments or letters or credit securing this agreement that, in the event it is deemed necessary to extend the time of completion of the Work, extensions of time may be granted from time to time by the City Engineer either at his own option or upon request of the Landowner, and such extensions shall in no way affect the validity of this agreement or release the surety or sureties on said bonds. Landowner further agrees to maintain the aforesaid bond or bonds or the issuance of any instruments or letters of credit in full force and effect during the terms of this agreement, including any extensions of time as may be granted thereon. TENTH: When the Work described in the first paragraph of this agreement consists of only rough or precise grading, upon the satisfactory completion and final approval of said Work by the City Engineer, the entire amount of the security applicable thereto shall be released or returned by City to the Landowner. ELEVENTH: This agreement shall be binding upon the Landowner and his heirs, executors, administrators, successors or assigns, all and each both jointly and severally. TWELFTH: It is understood and agreed by the parties hereto that if any part, term or provision of this agreement is determined by the courts to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid.

RIV #4849-0958-0384 v2 THIRTEENTH: The City's City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City's rights under this Agreement. FOURTEENTH: Any notice or notices required or permitted to be given pursuant to this agreement shall be served on the other party by mail, postage prepaid, at the following addresses: City Landowner City of Wildomar FAITH BIBLE CHURCH - MURRIETA Public Works/Engineering Department 23811 Washington Ave 23873 Clinton Keith Rd., Suite 201 Suite #C110-313 Wildomar, CA 92595 Murrieta, CA92562 (951) 677-7751 Phone Number: (951) 200-3173 (951) 698-1463 Fax Number: - FIFTEENTH: Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to sign this Agreement. [SIGNATURES ON THE FOLLOWING PAGE]

RIV #4849-0958-0384 v2 IN WITNESS WHEREOF LANDOWNER HAS AFFIXED HIS NAME, ADDRESS AND SEAL. ____________________________________ By __________________________________ __________________________________ Date ________________________________ By __________________________________ __________________________________ Date ________________________________ City of Wildomar By __________________________________ __________________________________ Date _________________________________ Approved as to Form: Thomas D. Jex, City Attorney By: ____________________________ (SIGNATURES OF LANDOWNER(S) MUST BE ACKNOWLEDGED BY A NOTARY AND EXECUTED IN DUPLICATE, WITH THE NOTARY ACKNOWLEDGMENT ATTACHED HERETO. ALL SIGNATURES TO BE INCLUDED ON THIS DOCUMENT OR IDENTIFY THIS DOCUMENT WHEN INCLUDING A SIGNATURE PAGE.)

City of Wildomar Grading Bond Estimate Worksheet Parcel Map/Tract Map No: For Faith Bible Church Date: 1/7/2021 PP, CU, PU, MS OR VL No: PP 17-0111 City Project No: 19-0179 Quantity Unit Unit Cost Amount 1 LS 25,000.00$ 25,000.00$ LS -$ 14 AC 1,785.00$ 24,543.75$ 75,335 CY 1.50$ 113,002.50$ - CY 2.80$ -$ 1,670 LF 4.00$ 6,680.00$ 4,650 LF 8.00$ 37,200.00$ 2 EA 1,800.00$ 3,600.00$ 6,905 LF 3.25$ 22,441.25$ 270 EA 4.00$ 1,080.00$ 97,582 SF 0.33$ 32,202.06$ 26,574.96$ 292,500.00$ 7-Jan-21 Signature Date Francisco Martinez Name (type or printed) 84640 3/31/2022 RCE No. Expiration Date Civil Engineer's Stamp 1. Quantities are to be taken from the Improvement Plans. 2. Show Performance Bond Amounts to the nearest $500.00. 3. For Construction items not covered by this worksheet, Design Engineer is to provide his opinion of construction cost and use that cost. Mobilization Item Erosion Control Rough Grading Demolition and Removal Contractor Mobilization Import and Export Material Mass Excavation Clearing and Grubbing Temporary Facilities and Utilities Place Gravel Bags to Protect Catch Basin Place Fiber Rolls to Prevent Scour Install Stabilized Construction Entrance & Tirewash Silt Fence Place Gravel Bags 2 Course High Soil Binders *** PLEASE READ INSTRUCTIONS BELOW *** Total 10% Contingency Faith Bible Church Wildomar - 19-0179

ATTACHMENT D

RIV #4839-5891-5168 v2 STORMWATER MANAGEMENT/BMP FACILITIES AGREEMENT THIS AGREEMENT, made and entered into this 14 day of April 2021, by and between FAITH BIBLE CHURCH – MURRIETA, a California nonprofit corporation (the "Landowner"), and the City of Wildomar, a municipal corporation (the "City"). RECITALS WHEREAS, the Landowner is the owner of certain real property described as APN 376- 410-024 and APN 376-410-002 as recorded by deed in the land records of Riverside County, Califor