City Council

# CITY OF WILDOMAR

CITY COUNCIL SPECIAL MEETING MINUTES MAY 26, 2021

## CALL TO ORDER – CLOSED SESSION - 4:00 P.M.

The Closed Session of May 26, 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 Pro Tem Benoit at 4:02 p.m.

City Council Roll Call showed the following:

Members in attendance: Council Member Moore, Morabito, Mayor Pro Tem Benoit, Mayor Nigg

## Members absent: Council Member Swanson

Staff in attendance: City Attorney Jex, City Clerk Morales, City Manager Nordquist, Assistant City Manager York, and Associate Engineer Luna.

## PUBLIC COMMENTS

There were no public comments.

## CLOSED SESSION

City Clerk Morales read the following:

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

The City Council convened into closed session at 4:03 p.m.

## RECONVENE INTO OPEN SESSION

The City Council reconvened into open session with all members present except for Council Member Swanson at 5:09 p.m.

## ANNOUNCEMENTS

City Attorney Jex stated that the City Council met in Closed Session, and there is no reportable action.

* * *

## ADJOURN CLOSED SESSION

There being no further business, Mayor Pro Tem Benoit adjourned the closed session at 5:09 p.m.

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

The Special meeting of May 26, 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 Pro Tem Benoit at 5:09 p.m.

City Council Roll Call showed the following:

Members in attendance: Council Member Moore, Morabito, Mayor Pro Tem Benoit, Mayor Nigg.

Members absent: Council Member Swanson

Staff in attendance: City Manager Nordquist, Assistant City Manager York, City Attorney Jex, City Clerk Morales, Planning Director Bassi, Acting Administrative Services Director Howell, Project Consultant Riley, Economic Development Director Davidson, Associate Engineer Luna, Parks, Community Services, and Cemetery District Manager Torres and Building Official Hadley.

Administrative Services Director Howell led the flag salute.

## PUBLIC COMMENTS

The following provided public comment on items not on the agenda: Resident Monty Goddard.

## APPROVAL OF THE AGENDA AS PRESENTED

There were no changes to the agenda.

## 1.0 CONSENT CALENDAR

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

MOTION carried 4-0, by the following vote:

* * *

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

1.1 Professional Services Agreement with National Demographics Corporation “NDC” for 2020 Census Redistricting RECOMMENDATION: Approved and authorized the City Manager to sign a Professional Services Agreement with National Demographics Corporation for 2020 Census Redistricting Services in an amount not to exceed $45,500.

## 1.2 Approval of a Professional Services Agreement with Infinity Technologies for Information Technology Services

1. Waived the Request for Proposal requirement, per Section 3.28.040 of the Municipal Code and deem the proposed Professional Services Agreement with Infinity Technologies as advantageous to the City.

CITY OF WILDOMAR CITY COUNCIL AGENDA MAY 26, 2021 4:00 P.M. – CLOSED SESSION 5:00 P.M. – SPECIAL MEETING Council Chambers 23873 Clinton Keith Road Ste 106 Wildomar, CA 92595 OR Join Zoom Meeting: https://us02web.zoom.us/j/84801699357 OR Dial in: 1 (669) 900 6833 | Webinar ID: 848 0169 9357 The City Council Meeting will be conducted in person and electronically via video teleconferencing pursuant to Governor Newsom’s Executive Orders N-25-20 and N-29-20. 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 May 26, 2021 2 The City of Wildomar encourages your participation in the meeting; however, to minimize the spread of the COVID-19 virus, this meeting is being conducted in person and via video and teleconferencing with the following options available for participating: 1. 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. 2. You may participate via the ZOOM Webinar Videoconferencing. 3. You may participate in person; however, masks are required, and seating may be limited in order to accommodate the 6-foot recommended social distancing seating procedure. 4. You may listen to the meeting on FM Radio Station 101.7 from your car in the Council Chambers Parking lot. Instructions for Electronic Participation Please Note: During the meeting all participants videos 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. 1. 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. 2. 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. 3. 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. Directions to virtually raise hand on a SMARTPHONE: • Look for the “Raise Hand” button on the screen and click the button.

City of Wildomar City Council Agenda May 26, 2021 3 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. Instructions for In Person Participation During Public Comment not on the Agenda and after each Agenda Item, the Mayor will announce Public Comment. If you would like to speak on that item, please line up on the marked spaces in the center of the Chambers. If you are listening to the meeting from your car, you may also line up in the Council Chambers to provide public comment in person. Mask and social distancing will be required. When it is your turn to speak, please state your name for the record. Public Comments are limited to 3 minutes or such other time as the Council may provide. 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 May 26, 2021 4 CALL TO ORDER – CLOSED SESSION - 4:00 P.M. ROLL CALL PUBLIC COMMENTS CLOSED SESSION 1. The City Council will meet in closed session pursuant to the provisions of Government Code Section 54956.9(d)(2) and (3) to confer with legal counsel with regard to one matter of potential exposure to litigation. RECONVENE INTO OPEN SESSION ANNOUNCEMENTS ADJOURN CLOSED SESSION

City of Wildomar City Council Agenda May 26, 2021 5 CALL TO ORDER – SPECIAL SESSION - 5:00 P.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 Professional Services Agreement with National Demographics Corporation “NDC” for 2020 Census Redistricting RECOMMENDATION: Staff recommends that the City Council Approve and authorize the City Manager to sign a Professional Services Agreement with National Demographics Corporation for 2020 Census Redistricting Services in an amount not to exceed $45,500. 1.2 Approval of a Professional Services Agreement with Infinity Technologies for Information Technology Services RECOMMENDATION: Staff recommends that the City Council: 1. Waive the Request for Proposal requirement, per Section 3.28.040 of the Municipal Code and deem the proposed Professional Services Agreement with Infinity Technologies as advantageous to the City. 2. Approve a Professional Services Agreement with Infinity Technologies

City of Wildomar City Council Agenda May 26, 2021 6 for a not to exceed amount of $96,000 annually for a period of three years commencing on June 1, 2021 with the option for two one-year extensions. 3. Authorize staff to provide notice to Interwest Consulting Group terminating Information Technology support services. 2.0 PUBLIC HEARINGS There are no items scheduled. 3.0 GENERAL BUSINESS 3.1 Suites 109/110 Front Counter Budget Increase RECOMMENDATION: Staff recommends that the City Council approve a capital budget increase of $70,000 for the Suites 109/110 Tenant Improvements to $100,000 for a new front counter/information center on the 1st floor of City Hall due to COVID-19 Impacts. 3.2 FY 2021-22 & 2022-23 Biennial Budget Workshop RECOMMENDATION: Staff recommends that the City Council review the preliminary Fiscal Year 2021-22 and 2022-23 Biennial Budget, discuss in a workshop format, and provide direction to staff to bring back with the Proposed Fiscal Year 2021-22 and 2022-23 Biennial Budget at the June 9, 2021 City Council meeting. 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.

City of Wildomar City Council Agenda May 26, 2021 7 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: May 25, 2021

CITY OF WILDOMAR – CITY COUNCIL Agenda Item #1.1 CONSENT CALENDAR Meeting Date: May 26, 2021 ______________________________________________________________________ TO: Mayor and City Council Members FROM: Gary Nordquist, City Manager SUBJECT: Professional Services Agreement with National Demographics Corporation “NDC” for 2020 Census Redistricting STAFF REPORT RECOMMENDATION: Staff recommends that the City Council Approve and authorize the City Manager to sign a Professional Services Agreement with National Demographics Corporation for 2020 Census Redistricting Services in an amount not to exceed $45,500. BACKGROUND/DISCUSSION: Per state law, the City Council must draw new district boundaries to reflect the updated census data which is issued every 10 years. The 2020 census data will be released this year and the new district boundaries must be completed before the November 2022 Election. Per section 3.28.020, for contracts under $50,000, the City Manager may contract without competitive bid and without notice of competitive bid. Therefore, staff is recommending that the City Council approve a Professional Services Agreement with NDC to assist with the redistricting project. FISCAL IMPACT: Amount not to exceed $45,500. Submitted & Approved By: Gary Nordquist City Manager ATTACHMENTS: 1. Agreement with NDC

AGREEMENT FOR SERVICES By and Between THE CITY OF WILDOMAR, a municipal corporation and National Demographics Corporation

- 1 - AGREEMENT FOR SERVICES BETWEEN THE CITY OF WILDOMAR, CALIFORNIA AND National Demographics Corporation This Agreement for Services (“Agreement”) is entered into as of this 26th day of May, 2021 by and between the City of Wildomar, a municipal corporation (“City”) and National Demographics Corporation, 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.” RECITALS A. City has sought by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement. B. Service Provider, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services. C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement. D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: SECTION 1. TERM OF AGREEMENT. Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one year commencing on the date first ascribed above. SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.

- 2 - (b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services. SECTION 3. ADDITIONAL SERVICES. Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services. SECTION 4. COMPENSATION AND METHOD OF PAYMENT. (a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty Five Thousand Five Hundred , unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. (c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause

- 3 - Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider. SECTION 5. INSPECTION AND FINAL ACCEPTANCE. City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.” SECTION 6. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents. All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.

- 4 - SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS. (a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives. SECTION 8. INDEPENDENT CONTRACTOR. (a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means,

- 5 - methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights. SECTION 9. STANDARD OF PERFORMANCE. Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES. Service Provider shall keep itself informed of and comply with a