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SA Agenda Packet 11-12-2013
CITY OF LAKE ELSINORE CITY COUNCIL AGENDA ROBERT MAGEE, MAYOR NATASHA JOHNSON, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER GRANT YATES, CITY MANAGER WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD) BOARDROOM 31315 CHANEY STREET LAKE ELSINORE, CA 92530 a f a a a a a a a a a a a a a a a a a a a a a a a a a a 0 a a a a a a a a a a a a a a a a. a a N R a a a a a a a. a N R .. N a .. 0. a a. a a a a a N N a. TUESDAY, NOVEMBER 12, 2013 CLOSED SESSION at 5:00 p.m. PUBLIC SESSION at 7:00 p.m. City Hall 130 S. Main St., Lake Elsinore EVMWD Boardroom 31315 Chaney St., Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4t" Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. Due to the seismic retrofit of the Cultural Center, the City Council has moved its regular meeting location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore. All parking for these meetings is free and is located along Treleven Avenue or at the gravel parking lot on the northwest corner of Treleven and Gedge Avenue. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Council meeting and are available on the City's website at www.lake-elsinore-or . Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124 Ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City Council Agenda Meeting of November 12, 2013 CALL TO ORDER 5:00 P.M_ PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENT CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Page 2 of 5 Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom. 31315 Charley St.. Lake Elsinore PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER P01 I CAI I CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS • Certificate of Recognition of James Riley PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) (2) Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of October 22, 2013. City Council Agenda Meeting of November 12, 2013 (3) Warrant List dated October 31, 2013 Page 3 of 5 Recommendation: Receive and file Warrant lists dated October 17 & 31, 2013. (4) Annual Adoption of Investment Policy Recommendation: It is recommended that the City Council approve the City's investment policy. (5) Purchase of One Crafco Super Shot 125 Diesel Melter Crack Sealer Machine Recommendation: It is recommended that the City Council authorize the City Manager to sign and issue a purchase order for the amount of $36,510.73 to Crafco for the purchase of a Super Shot 125 Diesel Melter Crack Sealer machine. (6) Notice of Completion — Summerhill Drive from Canyon Estates Drive to Via De La Valle Project No. SSP14 Recommendation: It is recommended that the City Council: A) Accept the improvements into the City Maintained System; B) Authorize staff to file the Notice of Completion with the County Recorder; C) Authorize staff to release the contract retention amount, 35 days after filing the Notice of Completion; and D) Authorize transfer of project fund balance to Main Street Overlay Project No. 4405. (7) Construction Contract Award -FY 2013-2014 SB 821 Sidewalk Pro'ec# Project No. 4406 Recommendation: It is recommended that the City Council: A) Award the construction contract for the FY 2013-2014 SB 821 Sidewalk Project to Southwest Construction Company, Inc., in the amount of $333,531.00 with a 10% contingency of $33,000 to be used for construction; B) Authorize the City Manager to execute the contract with Southwest Construction Company, Inc.; C) Award the construction survey contract to KDM Meridian in the amount of $26,965, and the construction geotechnical and materials testing services contract to MTG in the amount of $29,809; D) Authorize the City Manager to execute the contract with KDM Meridian and MTG; E) Authorize the use of $ 307,542.50 of unappropriated Gas Tax Fund 110; and F) Authorize the use of $18,756.50 from Public Improvement In Lieu Fees. (8) Amendment No. 2 to Agreement for the Fundinq of TUMF Regional Arterial Improvements with the City of Lake Elsinore for the Railroad Canyon Road at 1-15 Improvements Recommendation: It is recommended that the City Council: A) Approve the Amendment No. 2 to Agreement No. 10-72-016-00 for the funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements with the Riverside County Transportation Commission (RCTC) for the Railroad Canyon Road at 1-15 Improvements project; and B) Authorize the honorable Mayor to execute the Amendment Agreement in its final form. City Council Agenda Meeting of November 12, 2013 PUBLIC HEARING(S) None APPEAL(S) None BUSINESS ITEM(S) (9) Second Reading and Adoption of Ordinance No. 2013-1318 Page 4 of 5 Recommendation: It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2013-1318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.40, 15.42, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE, by roll -call vote. (10) 2014-2015 CDBG Allocation Recommendation: It is recommended that the City Council: A) Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2014-2015; and B) Approve submittal of the City's program to the County of Riverside. (11) Discussion Regarding Fire Station 60 Recommendation: It is recommended that the City Council provide direction to the City Manager to: A) Calculate direct and indirect costs, including overhead, on a sliding scale based on the time and resources committed to fire service calls in the City of Canyon Lake; and B) Invoice the City of Canyon Lake for fire service calls on a monthly basis. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor will call on you to speak.) CITY MANAGER COMMENTS 2013 Perpetual Calendar City Departmental Monthly Reports for October CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS City Council Agenda Meeting of November 12, 2013 ADJOURNMENT Page 5 of 5 The Lake Elsinore City Council has cancelled its regular meeting of November 26; therefore, will adjourn this meeting to the following regularly scheduled meeting of Tuesday, December 10, 2013. The regular Closed Session meeting will be held at 5:00 p.m. at City Hall and the regular Public meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia J. Bloom Virginia J. Bloom, City Clerk SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE AGENDA ROBERT MAGEE, CHAIR NATASHA JOHNSON, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD) BOARDROOM 31315 CHANEY STREET LAKE ELSINORE, CA 92530 ... • .. Y .......... .. . . . . .. . . 0 ....... a .. . a ■ ■ M . ■ k p .... ... a ......... M a .... a .... a .. ... . TUESDAY, NOVEMBER 12, 2013 CLOSED SESSION - None PUBLIC SESSION at 7:00 p.m. City Hall 130 S. Main St., Lake Elsinore EVMWD Boardroom 31315 Chaney St., Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. Due to the seismic retrofit of the Cultural Center, the Successor Agency has moved its regular meeting location to the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore. All parking for these meetings is free and is located along Treleven Avenue or at the gravel parking lot on the northwest corner of Treleven and Gedge Avenue. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at the City Clerk's Office on the Friday prior to the Successor Agency meeting and are available on the City's website at WWW.Lake- Elsinvre.Org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Successor Agency. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Office at (951) 674-3124 Ext. 262, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Successor Agency Agenda Meeting of November 12, 2013 CALL TO ORDER 5:00 P.M. - Cancelled ROLL CALL PUBLIC COMMENT SUCCESSOR AGENCY CLOSED SESSION None Page 2 of 3 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom 31315 Chaney St., Lake Elsinore ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and turn it into the Agency Clerk. The Chair will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless an Agency Member or any member of the public requests separate action on a specific item.) (SA1) Approval of Minutes Recommendation: It is recommended that the Successor Agency approve the Minutes of the Regular Successor Agency Meetings of October 22, 2013. (SA2) Warrant List dated October 31 2013 Recommendation: Receive and file Warrant list dated October 31, 2013, PUBLIC HEARING(S) None APPEAL(S) None BUSINESS ITEM(S) None Successor Agency Agenda Page 3 of 3 Meeting of November 12, 2013 PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Successor Agency form prior to the start of the meeting and turn it in to the Agency Clerk. The Chair will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore has cancelled the regular meeting of November 26, 2013, and will adjourn this meeting to the following regularly scheduled meeting of Tuesday, December 10, 2013. Said regular meeting will be held at 7:00 p.m. at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, Agency Clerk, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. �Virginia..L BCoom Virginia J. Bloom, Agency Clerk r i Nov 24-30 Nov 17-23 Nov 10-16 Nov 3-9 Oct 27 - Nov 2 ° O r N J m m d d 'a v X Cr O 3 o 3 3 ... 0 o A m A 0 o u > r C n O '< Z w c p,,o Ll Z n 30. r r. N N N N t0 YI O p O � V el O S 3 Zc m n 00 o O 3 3 3 3 m m 0 P a ITi S n 3 n� �z Z N FW+ O O n �a 3 < aim F3 O pio 023 Iq on D D P." T p N 0- wm 3 3 ,a � o J Z p n o 3 n n m n CT Z 0 3 ^ip = im pd ;3 tN •3 =d ;a n � n ti o p+ 1p N ;m rN IN w 0 '� ,Gl 2 ;O pN c ;n v n a • O i3 p m 3 x- 3 !n CITY OF LADE LSIHOKE DREAM EXTRtML `fN Nov 9-10 Grand Prix Nov 11 VETERANS' DAY — City Hall Closed Nov 12 Tuesday CITY CLERK'S DEPT. 2013-14 PERPETUAL CALENDAR (Subject to change) CITY COUNCIL (EVMWD Boardroom) 3:45 p.m. Oversight Board Meeting - Cancelled 5:00 p.m. Closed Session (Conf. Room A) 7:00 p.m. Regular Meeting Nov 13 Wednesday CITIZEN CORP COUNCIL - Cancelled PUBLIC SAFETY ADVISORY COMMISSION - Cancelled Nov 19 Tuesday PLANNING COMMISSION (Senior Center) 6:00 p.m. Nov 26 Tuesday CITY COUNCIL — Cancelled 3:45 p.m. Oversight Board Meeting — Cancelled Nov 28 THANKSGIVING DAY — City Hail Closed Nov 29 THANKSGIVING DAY AFTER — City Hall Closed Dec 3 Tuesday PLANNING COMMISSION (Senior Center) 6:00 p.m. RDR No. 2013-05 -104 homes by Pardee Homes in Canyon Hills RDR No. 2013-06 - 137 homes by Pardee Homes in Canyon Hills CUP No. 2013-04 - Indoor Fitness Center Dec 6 Winterfest Last Updated: November 7, 2013 1 Dec 10 Tuesday CITY COUNCIL (EVMWD Boardroom) 3:45 p.m. Oversight Board Meeting (Conf. Room A) 5:00 p.m. Closed Session (Conf. Room A) 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) Renewal of Lease Agreement at Alberhill Ranch Park (Consent) Main Street Award of Contract (Consent) Consistency Zoning Project Phase III and Gen. Plan Amendments (PH) Award of Contract for Gunnerson Design (Business) Final Map TR 36116-1, PA 32 Draft Proposal for model update and maintenance PSAC Ordinance (Business) Lake Use Fees (Business) Code Amendment for Garage Sales Permits (Business) City Council Reorganization (Business) City Departmental Reports Dec 11 Wednesday 5:00 p.m. CITIZEN CORP COUNCIL (Senior Center) 6:00 p.m. PUBLIC SAFETY ADVISORY COMMISSION - Cancelled Dec 16 Holiday Blue Light Ceremony — Sheriff's Dec 17 Tuesday PLANNING COMMISSION (Senior Center) 6:00 p.m. Dec 24 Tuesday CITY COUNCIL — Cancelled 3:45 p.m. Oversight Board Meeting — Cancelled Dec 25 CHRISTMAS DAY — City Hall Closed Jan 1 NEW YEAR'S DAY — City Hall Closed Jan All City meetings anticipated to return to regular meeting locations Jan 7 Tuesday PLANNING COMMISSION 6:00 p.m. Jan 14 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session — City Clerk Evaluation 7:00 p.m. Presentation — Recognition of Mayor Magee Minutes (Consent) Investment Report (Consent) Towing Ordinance Amendment (Business) Harris & Associates Fee Study Proposals CIP Budget Workshop Last Updated: November 7, 2013 2 Jan 20 MARTIN LUTHER KING DAY — City Hall Closed Jan 21 Tuesday PLANNING COMMISSION 6:00 P.M. Jan 28 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Feb 4 Tuesday PLANNING COMMISSION 6:00 p.m. Feb 11 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session — City Manager Evaluation 7:00 p,m. Presentations Minutes (Consent) CFD 2005-2 (Alberhill Ranch) to alter rate Feb 17 PRESIDENTS' DAY — City Hall Closed Feb 18 Tuesday PLANNING COMMISSION 6:00 p.m. Feb 25 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Mar 4 Tuesday PLANNING COMMISSION 6:00 p.m. Mar 11 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session -- City Attorney Evaluation 7:00 p.m. Presentations Minutes (Consent) Last Updated: November 7, 2013 3 Mar 18 Tuesday PLANNING COMMISSION 6:00 p.m. Mar 25 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Apr 1 Tuesday PLANNING COMMISSION 6:00 p.m. Apr 8 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Apr 9 City's 126th Birthday Apr 15 Tuesday PLANNING COMMISSION 6:00 p.m. Apr 22 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports May 6 Tuesday PLANNING COMMISSION 6:00 p.m. May 13 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: November 7, 2013 4 May 20 Tuesday PLANNING COMMISSION 6:00 p.m. May 26 MEMORIAL DAY — City Hall Closed May 27 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Jun 3 Tuesday PLANNING COMMISSION 6:00 P.M. Jun 10 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Resolutions (3) Calling General Election Jun 17 Tuesday PLANNING COMMISSION 6:00 p.m. Jun 24 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Jul1 Tuesday PLANNING COMMISSION 6:00 p.m. Jul 4 INDEPENDENCE DAY — City Hail Closed Ju18 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: November 7, 2013 5 JU115 Tuesday PLANNING COMMISSION 6:00 p.m. Ju122 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Aug 5 Tuesday PLANNING COMMISSION 6:00 p.m. Aug 12 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session — City Manager Evaluation 7:00 p.m. Presentations Minutes (Consent) Aug 19 Tuesday PLANNING COMMISSION 6:00 p.m. Aug 26 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Sep 1 LABOR DAY — City Hall Closed Sep 2 Tuesday PLANNING COMMISSION 6:00 p.m. Sep 9 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Last Updated: November 7, 2013 6 Sep 16 Tuesday PLANNING COMMISSION 6:00 p.m. Sep 23 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Oct 7 Tuesday PLANNING COMMISSION 6:00 p.m. Oct 13 COLUMBUS DAY — City Hall Closed Oct 14 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Oct 21 Tuesday PLANNING COMMISSION 6:00 p.m. Oct 28 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Nov 4 ELECTION DAY Nov 4 Tuesday PLANNING COMMISSION 6:00 p.m. Nov 11 VETERANS' DAY — City Hall Closed Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Last Updated: November 7, 2013 7 Nov 18 Tuesday PLANNING COMMISSION 6:00 p.m. Nov 25 Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m, Closed Session 7:00 p.m. Presentations Nov 27 THANKSGIVING DAY — City Hall Closed Nov 28 THANKSGIVING DAY AFTER — City Hall Closed Dec 2 Tuesday PLANNING COMMISSION 6:00 p.m. Dec 9 Tuesday CITY COUNCIL 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Minutes (Consent) Investment Report (Consent) City Departmental Reports Dec 16 Tuesday PLANNING COMMISSION 6:00 p.m. Dec 23 Tuesday CITY COUNCIL (Possibly cancelled) 3:45 p.m. Oversight Board Meeting 5:00 p.m. Closed Session 7:00 p.m. Presentations Dec 25 CHRISTMAS DAY — City Hall Closed Jan 1 NEW YEAR'S DAY — City Hall Closed Last Updated: November 7, 2013 8 LAKE, PARKS & RECREATION DEPARTMENT AGENDA REPORT TO: City Manager FROM: Pat Kilroy, Director of Lake, Parks & Recreation DATE: November 4, 2013 SUBJECT: Lake, Parks & Recreation Monthly Report PREPARED BY: Mary Santa Cruz, Office Specialist RECOMMENDATION: Receive and file. BACKGROUND: The following provides a summary of the Lake, Parks & Recreation Department's programs, activities and events for October 2013: Administration Bid was awarded for the Installation of Light Standards Project at Machado Park. Installation will begin in approximately 30 days. Department Director and Manager attended DBAW's Aquatic Center Director's meeting regarding Grant Process and Aquatic Recreation Programming. Recreation Special Events in October 10/4 -10/06 — OktoberFest — Diamond Stadium • 10/5 — Rugged Maniac 5K - L.E. Motorsports Park • 10/5 — Annual Walk for Life — Machado Park • 10/11 & 10/12 — Lucas Oil Regional Race - L.E. Motorsports Park 0 10/19 — Al Fresco Music & Art in City Park — City Park 10/25 -10/27 — Lucas Oil National Event — L.E. Motorsports Park 10/26 — Color Smacked — Levee System Special Events for November 11/1 — Day of the Dead • 11/9 & 11/10— L.E. Grand Prix— Levee ■ 11/15 & 11/16 —Art Show— Community Center Upcoming Special Events for December • 12/6 — Winterfest — Historic Main Street • 12/7 — Palomar Audubon, Bird Walk — Levee System • 12/14 — Breakfast with Santa — Senior Center • 12/12 & 29 — Wild Wild West BBQ Championship — La Laguna Resort Senior Center • Attendance: The Cool Center was activated a total of 28 days this season. This represented 216 hours of service and we were credited with providing over $8,500 of in-kind services for the program. • Publications: The November Issue of the Senior News is available at the Center and on-line highlighting the programs and services provided in November. • Trips: The Center took a trip to the Temeku Theater in Temecula as an afternoon get away. The Walkers took two local walks, one to the Outlet Center and the other to Canyon Hills Park. In November we will travel to Canterbury Gardens (in Escondido), Temecula Museum and Harrah's Rincon Casino. Nutrition & Events: Our allocation for lunches in October was 506 meals and we served 524, exceeding our allotment by 18 at a cost of $94.86. We catered our Halloween Party for 48 patrons. We will not be subsidizing meals on a daily basis in November & December, but we will cover the cost for any overages for our Thanksgiving and Christmas Meals. • Programs: The Halloween party was full with a catered lunch, costume contest, games & door prizes. Thanks to a generous donation by our local pumpkin patch, we were able to send a pumpkin home with each of the seniors. This month featured Healthcare Information as we approach Open Enrollment for Medicare. We had a HICAP (Health Insurance Counseling & Advocacy Program) information program, counseling sessions and enrollment clinics provided for the patrons. We also had ten companies that serve the area make presentations about their products. In addition, we also had an Asthma & lung capacity screening, C -Tap Presentation, Asthma Information Program, Crazy Karaoke Day and Hypnosis Information Program. Fundraisers: Rae Ann Provided Haircuts to 15, for a net of $105. We also collected $224 toward the Halloween Program expenses and $85 for computer classes. CITY OF LITE LSIMOKE DREAM EXTREME CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: MONTHLY INFORMATION MEMORANDUM OCTOBER/NOVEMBER 2013 Public Works Ke Indicators Numbers Numbers Street Maintenance Oct November Pot Hole Repairs Graffiti Removal Graffiti removed from city property Graffiti removed from private property Graffiti Via Web Site Graffiti Via Hotline Graffiti Via Direct to Front Office Storm Drains Cleaned Illegal Dumping Clean-ups Signs Installed Sign Repairs Reflective Pavement Markers Installed Carsonite Markers Installed Cut Back Trees from Blocking Signs Sidewalk repairs (square feet) Curb & Gutter.Repairs (square feet) Remove Weeds Removed Illegal Signs Area Sprayed With Herbicide (in Acres) Bobcat Sweeper (various areas) Picked up Shopping Carts Red Curb LF Trimmed Trees Various Locations Cleaned basins with debris 84 104 339 200 272 134 67 66 3 3 7 6 9 11 3 24 69 86 0 26 4 21 2 1 0 0 3 1 6 0 6 0 5 5 202 152 1.25 5.25 3 0 34 10 35 0 34 21 0 0 Street Maintenance 19 17 Sandbag areas Drain Inspections Grade Road Hazards Trash Removal from Road Shoulder Removal of Road Hazards Dirt Transported (Cubic Yards) Installed Guard Rail Remove Stickers from Signs Crack Seal in Linear Feet Install X Walk (Various Locations) Heatwurx Repair Event Misc. (Work with Camp Crew) Repaint Stop Bar and Legends (New Install) Sidewalk Inspections locations/areas complete Installed New City Logos Graffiti Work Orders Complete (24 hrs) Graffiti Work Orders Complete (48 hrs) Graffiti Work Orders Complete (72 hrs) Pothole Work Orders Complete (24 hrs) Pothole Work Orders Complete (48 hrs) Pothole Work Orders Complete (72 hrs) Graffiti Completed ( Work Orders) Graffiti Complete (Line of Site) Potholes Repaired (Work Orders) Potholes Repaired (Line of Site) Illegal Dumping (Staff Observed) Illegal Dumping Work Order 200 0 654 27 1 0 0 1 0 1 17 5 0 132 0 0 18 8 881 751 0 0 77 43 2 0 12 6 0 0 0 0 0 0 3 8 1 1 3 2 1 1 1 0 2 0 7 11 332 189 4 103 80 1 67 80 2 6 The crew helped to create a firebreak on a parcel in the City that was overgrown. The crew spent one week cutting trees and weeds to clear the property to the 1265' elevation point. The City had West Coast Arborists trim trees along the 115 freeway in order to create more visibility to the newly installed billboard. Vehicle Maintenance Vehicle Repairs Vehicle Service Alignments Tire Installation & Repairs Small Equipment Repairs Service Calls Mufflers & Tailpipes Body Shop Repairs Trailers Repaired Batteries & Jump Starts Boat Repairs Heavy Equipment Repairs Vehicle Maintenance Pro ram Fleet 2000 19 17 9 13 0 0 27 22 10 7 17 20 2 1 0 3 10 13 12 19 14 3 150 12 20 25 Weed Abatement Lots Cleaned City Lots Cleaned Trees Trimmed City removed dead trees/stumps in right of way or from WA lots either dead or less than 3 inches in diameter Loads of Trash & Debris (Green Waste) Illegal Dumping Clean-ups Work Orders Completed Property owner complaints about billing WCA removed stumps and trees Helped property owner locate their lots & questions Worked on claims for City clerk's office or for Finance Helped Streets Clean Up Alley Ways or Drains Cleaned Weed Abatement Equipment Painted Backflow to Help Prevent Theft Assisted Code Enforcement in Cleaning up Homeless Camps for Public Safety Replaced irrigation clocks Replaced Sprinkler Heads, Wiper Seals or Parts Assisted Lakes with Fish kill cleanup Crew Cleaned up Main St Sidewalks & Landscape As Part of Budget Savings Shopping Carts Picked Up Checked all Landscaped areas for Major Issues Removed Illegal Signs Replaced benches on Main St. with finished ones Helped Streets clean up Cal Trans ROW ENGINEERING DIVISION PUBLIC COUNTER Research Request Plan Check Final Map Grading Street Improvement Development Review Flood Plain Determination Bond Release Request Oversize Transportation Permits Encroachments Permit Applications Encroachment Permit Traffic Issues 35 2 83 0 0 0 0 4 1 0 1 54 7 1 0 66 0 0 0 CIP UPDATE Project Project Design Construction Project Changes Location Completion % Survey Monument Country Club 60% Heights Temescal Canyon Temescal Conceptu Bridge Design Canyon Rd al Design 100% Seismic Retrofit City Lake Elsinore 100% Hall/Cultural Center Sidewalk Heald Avenue, Improvements Sumner 100% SB -821 Avenue, Mill Street Award of contract scheduled for City Council on 11/12/13; anticipate construction to commence within 30 days of award. GROUND MOUNTED: Plans prepared for transmittal to Caltrans; anticipate 30 day review. Nichols & Ground re-establish centerline Franklin Mounted: Overcrossings 90% Lake Elsinore and various completed; 3'`1 party review of Monument Signs entry Overcros CITY HALL intersections sing: 90% throughout the 75% City. CULTURAL CENTER Award of contract scheduled for City Council on 11/12/13; anticipate construction to commence within 30 days of award. GROUND MOUNTED: Plans prepared for transmittal to Caltrans; anticipate 30 day review. This is a multi-year project to re-establish centerline monuments. I Independent audit of selected design firm, AEI -(;ASC completed; 3'`1 party review of audit results to start 11/28/13 CITY HALL CITY HALL — Sprinkler installation started 90% 10/28/13. Complete CULTURAL CENTER CULTURAL Stairwell removed. Storage CENTER— room construction completed. 87% Historical Society area Complete reconstruction completed.. Award of contract scheduled for City Council on 11/12/13; anticipate construction to commence within 30 days of award. GROUND MOUNTED: Plans prepared for transmittal to Caltrans; anticipate 30 day review. Project I Project Location Traffic Signal Riverside Drive Installation — (HWY 74) @ Riverside Drive and Grand Ave and Grand & Traffic Riverside Dr. Signal Modification — (HWY 74) @ Riverside Drive & Lakeside H.S. Lakeside H.S. Lake Elsinore Traffic Calming Project Various School (Speed locations within Reader/Feedback the City Signs) Design 'Construction Completion % 85% Project Changes Contract design firm, DCM revising plans to incorporate adjacent new development improvements. Construction Contract awarded to Select Electric on 100% 10/22/13; anticipate construction to commence within 30 days of award. Traffic Signal Throughout the Coordination/Manage City n/a -ment Elm Street PavementI Elm Street Rehabilitation Paving Main Street Main Street Rehabilitation Project Annual Roadway Drainage Repair/Maintenance Citywide 100% 99% N Received RFP's for "On Call n/a Traffic Services; under review. Construction started 10/23/13; construction scheduled to be 0% completed within 30 working days. Modification of plans continues; additional items to include slurry & cape seal of 0% adjacent side streets. Anticipate publishing Bid Documents by November 7, 2013. Compiling list of locations in the City subject to flooding 0 during rain events for asphalt berm consideration Design Construction Project Project Project Changes Location Completion % Summerhill Drive Summerhill Notice of Completion Slurry Seal Drive 100% 100% scheduled for City Council approval on 11/12/13. TRAFFIC SIGNAL IMPROVEMENTS New equipment was installed at each of the five signals along the Railroad Canyon Road/Diamond Drive corridor, including two Caltrans traffic signals, to provide Ethernet communication between the City and State systems. A radio link between these traffic signals and City Hall will be established in October, This, along with the new computer server and software installed at City Hall, will provide remote access to the signals along this corridor to improve intersection operation. A revised signal timing coordination plan is also being developed that will allow for a more efficient flow of traffic along this corridor during peak travel times. City landscape architect Collier Median Island Collier Avenue 60% 0% reviewing. Waiting for art work Modification design concepts from Studio 395. Lake, Park & Rec. Dept. authorized Engineering Div. to Lakepoint Park° Lakepoint Park 5% work on design 10/21/13; Parking Lot Paving preliminary parking layout is 1-15 @ Railroad now being finalized. RCTC to move forward with 1-15/Railroad Canyon Road Interchange Improvements Canyon Interchange environmental. (PAED / PS&E) City Council awarded Traffic Signal and construction contract on Signal Controller 1-15 @ Railroad 10/22/13. Anticipate Upgrades Diamond Canyon 100% construction to commence Drive @Railroad Interchange within 30 working days. Canyon TRAFFIC SIGNAL IMPROVEMENTS New equipment was installed at each of the five signals along the Railroad Canyon Road/Diamond Drive corridor, including two Caltrans traffic signals, to provide Ethernet communication between the City and State systems. 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N LL Z Q N o C� u ucm N G N p -O u CO W u S Ul C r L Z 0 m O H O- S O- O O Ln M N M In ft,01 -I ^ Ln Ln) a-� O 2 � � U " p Z > O O V1 E w v Lu 2 2- L V E ~ o o� o p U M O M ry Ln '-1 N � K Up T v Z m o a 0 -20 u c. v C OC c; c6. co, V C Op O Q CC C Y: >� C \ C) D- U p wr fn C) In c rq 00 Ln 01 N LM ,x a T p C CV. 7 N W J N au O n 0 M rl rl N Z Z AON LZ IDO 6 £ AON 91 - OT AON £Z - LT AON 0£ - bZ AON AGENDA COVER SHEET MEETING OF I d 2 City Council Redevelopment Agency F1 Other DEPARTMENT: l� CONSENT: t tvi A—. � � S 1-1 APPEAL BUSINESS: F1 RESOLUTION: F-1 ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk ■■■■■■■■•■■■■■■■■■■■■■a■■■■■agrarrrra•a[a■a■a•■a■e■■■■■■■a■a■■■■■■a■....a� FOLLOW UP I)IRECTION: J as aafaaa■■■■ a a a a a a■aaaaaaa0aaaa■■■■aa a as as a■■ a a a a a a a a■■ a a a a a a a a E a s aa■■i Submitted by: LL4 L)P5YV- Date: � t � '� �(3 Approved by: VE Department Head: U / ' Date: Finance Director: Date: City Manager: Date: //X/ LAIQE Cj),LS1110E D17EAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: NOVEMBER 12, 2013 SUBJECT: APPROVAL OF MINUTES Recommendation It is recommended that the City Council approve the Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular City Council meeting of October 22, 2013 Prepared by: Diana Gutierrez Deputy City Clerk UU Approved and Submitted by: Virginia J. Bloom City Clerk 6b Approved by: Grant Yates City Manager AGENDA ITEM NO. 2 Page 1 of 13 Page 2 of 13 MINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 22, 2013 ................................................................................................................. CALL TO ORDER 5:00 P.M. Mayor Magee called the meeting to order at 5:02 p.m. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tem Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Attorney Leibold, City Manager Yates, City Clerk Bloom, and Dennis Fransway, representative for Enviromine. PUBLIC COMMENT None CITY COUNCIL CLOSED SESSION (1a) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov't Code Section 54956.9 (1 potential case) City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item No. (1 a). The City Council recessed to Closed Session at 5:01 p.m. CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee reconvened the meeting to order at 7:03 p.m. PLEDGE OF ALLEGIANCE Penelope and Julie led the Pledge of Allegiance. Page 3 of 13 Regular City Council Minutes Page 2 of 11 Meeting of October 22, 2013 ROLL CALL PRESENT: Mayor Magee Mayor Pro Tem Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Riley, Community Development Director Taylor, Lake, Parks, and Recreation Director Kilroy, Interim Public Works Director Eskandari, Police Chief Kennedy - Smith, Fire Chief Barr, Fire Marshal Bloom, Traffic Engineer Beardsley, Building Official Belvin and Deputy City Clerk Gutierrez. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item No. (1 a) and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE Glenn Copple announced the upcoming "Christmas Tree Lane" event. He stated that the funds raised from the event will be used for local children that participate in the Boys and Girls Club, Student of the Year Scholarships, Leadership Training Camp, Boy Scouts, and other local charities. Grace Sandlin introduced members of the Ballet Folklorico Team and announced the "Dia de los Muertos" event set for Friday, November 1, 2013 at Graham Avenue and Main Street. Ms. Sandlin thanked the City Council and Chamber of Commerce for their assistance with the event. Susie Rupnow thanked Ms. Lorena, dance instructor and Isela and Erazmo Salgado for organizing the music and entertainment for the "Dia de los Muertos" event. John Larsen reported that the "Shake Out Expo" was a great success and recognized all the participants, vendors and sponsors. CONSENT CALENDAR Council Member Tisdale requested Agenda Item No. 6 be pulled from the Consent Calendar. Council Member Hickman requested Consent Item No. 7 be pulled from the Consent Calendar. Page 4 of 13 Regular City Council Minutes Meeting of October 22, 2013 (2) Approval of Minutes Page 3 of 11 Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of October 8, 2013. (3) Investment Report for the month of September Recommendation: It is recommended that the City Council receive and file the report. (4) Notice of Cessation of Special Tax CFD No. 90-2 (Tuscany Hills) Recommendation: It is recommended that City Council direct the City Clerk to execute and record a Notice of Cessation of Special Tax for 52 Villa Milano related to CFD No. 90-2 (Tuscany Hills) (hereinafter the "CFD"). (5) Consideration for the Extension of Surface Mine Inspection and Consulting Services, Enviromine, Inc. Recommendation: It is recommended that the City Council: A) Approve the extension of surface mining inspection funding, performed by Enviromine, Inc., to January 2014 to coincide with terms of current professional service contract in the amount of $20,000; and B) Authorize staff to process a change order in the amount of $20,000. (8) Commercial Design Review No. 2013-06 - A Request for a 4,500 Square Foot Professional / Office Center and On -Site Improvements on a 0.42 Acre Vacant Lot on Diamond Drive (APN: 363-162-027) Recommendation: It is recommended that the City Council adopt Resolution No. 2013-062 Resolution of the City Council Approving Commercial Design Review No. 2013-06 for a 4,500 square foot Professional/Office Center and on-site improvements on a 0.42 -acre vacant lot on Diamond Drive (APN 363-162-027). (9) Commercial Design Review No. 2013-07 - A Request for the Installation of a 1,920 Square Foot Portable Youth Gathering Building to be Placed Adiacent to the Existing Amphitheater for Lamb's Fellowship facility located at 21901 Railroad Canyon Road (APN: 363-180-031) Recommendation: It is recommended that the City Council adopt Resolution No. 2013-063 A Resolution of the City Council approving Commercial Design Review No. 2013-07 for the Installation of a 1,920 square foot portable youth gathering building to be placed adjacent to the existing amphitheater for Lamb's Fellowship facility located at 21901 Railroad Canyon Road. Motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to approve the Consent Calendar, less Agenda Item Nos. 6 and 7, passed by unanimous vote. Page 5 of 13 Regular City Council Minutes Meeting of October 22, 2013 CONSENT ITEMS PULLED Page 4 of 11 (6) Construction Contract Award — Solar Powered Speed Reader/Feedback Signs at Various Locations Prosect No. 4375 Recommendation: It is recommended that the City Council: A) Award the construction of the solar powered speed reader/feedback signs at various locations to Steiny and Company, Inc., in the amount of $338,108 with a 10% contingency of $33,000 to be used for construction; B) Authorize the City Manager to execute the contract with Steiny and Company, Inc.; and C) Approve additional funding of $25,720 from Fund 110 Gas Tax. Council Member Tisdale expressed that he was happy to see this project moving forward and asked when the signs will be installed. City Manager Yates responded there is a total of 18 signs to be installed by the first part of next year. Council Member Tisdale clarified that the 18 signs are to be placed around the seven (7) schools. Motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to award the construction of the solar powered speed reader/feedback signs at various locations to Steiny and Company, Inc., in the amount of $338,108 with a 10% contingency of $33,000 to be used for construction; authorize the City Manager to execute the contract with Steiny and Company, Inc.; and approve additional funding of $25,720 from Fund 110 Gas Tax, passed by unanimous vote. (7) Construction Contract Award — Signal Radio Communication Upgrade along Diamond Drive / Railroad Canyon Corridor as part of Project No. 4386 Recommendation: It is recommended that the City Council: A) Award the construction of the signal communication upgrade along Diamond Drive / Railroad Canyon Corridor to Select Electric, Inc., in the amount of $23,776 with a 15% contingency of $3,500 to be used for construction; and B) Authorize the City Manager to execute the contract with Select Electric, Inc. Traffic Engineer Beardsley provided an overview to City Council. He explained the potential of the special controls and installation of the equipment. Engineer Beardsley also explained the phases of the project and the importance of the implementation of the signal timing. Council Member Manos asked if there was an ongoing cost or licensing fee. Engineer Beardsley answered that there are no ongoing costs or fees associated with the project. Council Member Hickman stated that he was under the impression that traffic could be monitored from City Hall. Engineer Beardsley responded that traffic could be monitored if cameras are installed on the streets. Council Member Hickman stated that the next step should be to install cameras to monitor and facilitate traffic. Council Member Tisdale asked if the City will be able to control all light signals and how it would impact the signals that are controlled by Caltrans. Engineer Beardsley responded that the signal timing coordination with Caltrans is included in the scope of the service provided by Page 6 of 13 Regular City Council Minutes Meeting of October 22, 2013 Page 5 of 11 the contractor. He explained that it is important to ensure that all light signals are on the same coordinated timing plan. Council Member Tisdale asked if Caltrans is working with the City. Engineer Beardsley responded in the affirmative. Motion by Council Member Manos, seconded by Council Member Hickman, to award the construction of the signal communication upgrade along Diamond Drive / Railroad Canyon Corridor to Select Electric, Inc., in the amount of $23,776 with a 15% contingency of $3,500 to be used for construction and authorize the City Manager to execute the contract with Select Electric, Inc., passed by unanimous vote. PUBLIC HEARING(S) (10) Introduction of an Ordinance Adopting by Reference Various Construction Codes with Amendments and Appendices Recommendation: It is recommended that the City Council: A) Adopt Resolution No. 2013-064 A Resolution of the City Council of the City of Lake Elsinore, California, setting forth findings with respect to local conditions within the City of Lake Elsinore which make certain modifications and changes to the California Building Code, California Residential Code, California Reference Standards Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and the California Existing Building Code as amended by the State of California reasonably necessary for housing occupancies; and B) Waive further reading and introduce by title only Ordinance No. 2013-1318 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.40, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE repealing and reenacting chapters 15.02, 15.04, 15.20, 15.24, 15.38, 15.56 and enacting chapters 15.06, 15.32, and 15.42 of the Municipal Code, adopting by reference the 2013 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T-24), incorporating the International Building Code 2012 Edition, the International Residential Code 2012 Edition, the Uniform Mechanical Code 2012 Edition, the Uniform Plumbing Code 2012 Edition, the California Energy Code 2012 Edition, the National Electrical Code 2011 Edition, the California Green Building Standards Code 2013 Edition, and the International Fire Code 2012 Edition. Mayor Magee opened the public meeting at 7:24 p.m. Building Official Belvin provided an overview to Council. No public comments were received. Mayor Magee closed the public hearing at 7:25 p.m. Motion by Council Member Hickman, seconded by Council Member Manos, to adopt Resolution No. 2013-064 a Resolution of the City Council of the City of Lake Elsinore, California, setting forth findings with respect to local conditions within the City of Lake Elsinore which make certain modifications and changes to the California Building Code, California Residential Code, California Reference Standards Code, the California Plumbing Code, the California Mechanical Code, the California Electrical Code and the California Existing Building Code as amended by the State of California reasonably necessary for housing occupancies, passed by unanimous vote. Page 7 of 13 Regular City Council Minutes Page 6 of 11 Meeting of October 22, 2013 Council Member Manos moved, seconded by Mayor Pro Tem Johnson, to waive further reading and introduce by title only Ordinance No. 2013-1318. City Clerk Bloom read ORDINANCE 2013-1318; ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.40, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE; upon a roll -call vote, the motion passed unanimously. APPEAL(S) None BUSINESS ITEM(S) (11) Public Safety Advisory Commission Options Recommendation: It is recommended that the City Council consider and choose one of the following four options in regards to the future of the Public Safety Advisory Commission: A.) Disband the Commission; or B.) Introduce by title only and adopt by roll call vote Ordinance No. 2013- 1317, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION and proceed with recruitment to fill existing vacancies on the Commission; or C.) Redefine the Commission to an ad hoc committee to assess the need and future of the Public Safety Advisory Commission. The committee would be made up of three citizens and two City Council Members that meets bi- monthly or on a quarterly basis, as needed. The committee would maintain an active community forum for citizens, while also evaluating the need for a formal commission as part of next year's budget planning cycle. If chosen, staff would move forward with launching the committee by January 2014 for a term of no more than two years; or D.) Establish an ad hoc committee, similar to the Historical Committee, with a member appointed by each City Council Member. The recommended term for the committee would be two years. City Manager Yates provided Council with an overview of the four options relating to the future of the Public Safety Advisory Commission. Public Safety Commissioner Stewart asked the Council to support the continuance of the Commission. He stated that the meetings provided the public with a place to express their Page 8 of 13 Regular City Council Minutes Page 7 of 11 Meeting of October 22, 2013 safety issues and concerns. Commissioner Stewart stated that he felt that the public's concerns were expedited when reported to the Commission instead of filing a complaint at City Hall. He also spoke about the Commission's various responsibilities and programs that were implemented. Commissioner Stewart thanked Council for the opportunity to serve the City and that he enjoyed his term as a commissioner. Tim Flemming, resident, stated that public safety is the Council's primary goal and expressed his concerns that the Commission may be disbanded. Mr. Flemming stated that the Commission's accomplishments and contributions to the community were invaluable. He expressed that he was in favor of continuing the Public Safety Advisory Commission. Council Member Manos expressed that he liked the Commission's outreach to the public and the casual ambiance of the meetings. He stated that he would not consider disbanding the Commission. Motion by Council Member Manos, seconded by Council Member Hickman, to introduce by title only Ordinance No. 2013-1317; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION and proceed with recruitment to fill existing vacancies on the Commission. Mayor Pro Tem Johnson provided highlights of the Commission's background. She stated that taking away a forum where the public is able to express their concerns is not the thing to do. Mayor Pro Tem Johnson offered that the Commission needed to be redefined and provided with clear direction and expectations. Mayor Pro Tem Johnson suggested a fifth option to redefining the Commission and to set new direction and expectations for the Commission. Substitute motion by Council Member Tisdale, seconded by Mayor Pro Tem Johnson, to redefine the Commission made up of three citizens and two Council Members that meet bi- monthly or on a quarterly basis, to redefine the role of the Commission. Council Member Manos asked City Manager Yates if there were any active applicants. City Manager Yates responded that 11 applications were on file with the City Clerk's Office. Council Member Manos expressed that he is in favor of the proposed Ordinance. Council Member Hickman stated that the object of the Commission is so that the public has a forum to speak openly without Council Members. He offered that he would like to continue with the Commission as it is currently established, however is not opposed to changing the objectives. Council Member Tisdale clarified his motion in that he did not intend to place Council Members on the Commission permanently. The motion is to have a Committee that will redefine the Commission, with a deadline of January 2014, and have clear guidance to operate within the City limits. Page 9 of 13 Regular City Council Minutes Page 8 of 11 Meeting of October 22, 2013 Council Member Hickman asked for clarification between a Commission and Committee. City Manager Yates explained that a Commission is in the municipal code; a Committee is a lesser body in the area of law with a limited term. Council Member Hickman expressed his concern for safety within the City and would like the Commission to continue. Council Member Tisdale explained that he would like to establish a Committee that would redefine the scope of work for the Commission. Mayor Pro Tem Johnson then clarified that her goal is to get the Commission up and running to work independently. Mayor Magee clarified that the substitute motion included a Committee with three citizens and two Council Members. If that motion passes then that Committee would provide the structure and guidelines for the Commission. If the motion failed, then Option Four was available to establish an ad hoc Committee. Council Member Manos expressed that he was in favor of the Ordinance as proposed and did not see the purpose of establishing a Committee. Council Member Hickman expressed that he was not in favor of a Committee. He would like the Commission to continue without any Council Members. Council Member Hickman stated that he is in favor of Option Two. Mayor Magee provided the history of the Public Safety Advisory Commission which was established in 1984 in response to law enforcement issues within the City. The Commission was disbanded in July 2010 and reinstated in July 2011. He stated that the public would still have a venue to vent and reach out to Council Members. A Committee would still allow that same participation. Mayor Magee said that the Commission should go to a Committee with five (5) members; one member appointed by each Council Member. The Committee will hold regular meetings where the public can participate. Mayor Magee stated that he does not want to limit the public's access to their elected officials. Mayor Pro Tem Johnson stated that she did not want to see the Commission disbanded. However, if there is a need to start with a Committee perhaps Council Members Manos and Hickman can serve on the committee to move forward with the Commission. Council Member Tisdale stated that the Budget Subcommittee has made public safety a priority. He added that only he and Mayor Magee attended the Town Hall meeting held last year with Lakeland Village residents regarding the proposed boat dock standards and that the Commission was not in attendance to address any of those citizen concerns. He withdrew his substitute motion and seconded Mayor Magee's motion. Council Member Manos commended both Council Member Tisdale and Mayor Magee for doing the right thing regarding the boat dock standards matter. He added that the Commission did not have direction and offered that the proposed ordinance has redefined the role of the Commission. Motion by Mayor Magee, seconded by Council Member Tisdale, to create a Committee with members appointed by each City Council Member with a term of two years, failed by a 2-3 vote with Council Members Manos, Hickman and Johnson all voting no. Page 10 of 13 Regular City Council Minutes Page 9 of 11 Meeting of October 22, 2013 Motion by Council Member Manos, seconded by Council Member Hickman, to introduce by title only Ordinance No. 2013-1317 and proceed with the recruitment to fill the existing vacancies on the Commission, failed by a vote of 2-2-1 with Mayor Pro Tem Johnson and Mayor Magee voting no, and abstention by Council Member Tisdale. Mayor Magee recommended that each Council Member provide the City Manager with their respective comments and for him to bring back this item for further consideration. Mayor Pro Tem Johnson responded that Council should come to a decision on this item at this meeting. Motion by Mayor Pro Tem Johnson to continue the Public Safety Advisory Commission, redefine direction to the Commission, and rewrite the ordinance. Council Member Manos asked if Council could provide staff with specific changes to the ordinance. Mayor Pro Tem Johnson replied in the negative and clarified that the Council would still continue with the Commission, redefine the ordinance, and start reviewing the applications for consideration of appointment to the Commission. Council Member Manos asked if there will be a subcommittee. Mayor Pro Tem Johnson stated that she would not be opposed to a subcommittee. Council Member Tisdale asked City Attorney Leibold if each Council Member could appoint a Commissioner. City Attorney Leibold responded that the existing policy for a Commission is that the appointments are made by the Mayor and that the subcommittee will interview the applicants and make a recommendation, already exists. The Mayor appoints the Commissioners and the Council confirms the Mayor's appointments. Mayor Magee explained that the application selection process exists so that all the power didn't vest with the Mayor. A subcommittee of two (2) Council Members would go through the interview process and make a recommendation as the subcommittee to the Council to vote upon. Motion by Council Member Manos to table this item to the Council meeting of November 12th in order to establish a subcommittee and work with staff to make recommendations. Mayor Magee stated that there is going to be a heavy agenda for the Council meeting of November 12th because there will only be one meeting in November. Council Member Hickman supported Mayor Pro Tem Johnson's motion to continue with the Commission. Council Member Tisdale modified Council Member Manos' motion to move this item to the meeting in December and that the subcommittee to consist of staff, two (2) Council Members and Commissioner Stewart to work on the revisions to the ordinance. Mayor Magee clarified the motion to form a subcommittee of two Council Members and Commissioner Stewart and to table the item. In the meantime, issues can be worked out and presented at the first meeting in December. Page 11 of 13 Regular City Council Minutes Page 10 of 11 Meeting of October 22, 2013 Council Member Manos agreed with the modified motion. Council Member Tisdale seconded the motion and stated that he would serve on the subcommittee with Council Member Manos. Mayor Magee restated the motion to table this item to the first meeting in December, create a subcommittee consisting of Council Members Manos and Tisdale, Commissioner Stewart, and staff to move the Commission forward. The motion passed by 4-1 with Council Member Hickman abstaining. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES Reml- CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Manos wished his brother, Angelo, a happy birthday. He then wished his wife a happy 14th wedding anniversary. Council Member Hickman announced the Lucas Oil Nationals on October 25 — 27; the "Take Back Your Drugs" event being conducted by the City Police Department; 5/10K race on October 26th; he announced that the Community Garden is seeking volunteers; the Grand Prix Race to be held on November 10th; and the "Day of the Dead" event to be held on November 1St. Council Member Hickman thanked John Larsen and staff for their work on the Shake -Out Expo. Council Member Tisdale thanked staff for all their hard work Mayor Pro Tem Johnson noted that residents have reached out to her regarding the garage sale permit process; she then provided direction to staff to research the permit process and present a recommendation to the Council at an upcoming meeting. Mayor Pro Tem Johnson stated that there is a concern with residents holding yard sales on a regular basis. She thanked staff and stated that the matter of the Public Safety Advisory Commission will be resolved. Mayor Magee reminded the public of the Veterans' Day observance ceremony to be held on Saturday, November gth at the Grand Pix Races. The ceremony will be hosted by the Lake Elsinore Citizens Committee. Page 12 of 13 Regular City Council Minutes Meeting of October 22, 2013 ADJOURNMENT Page 11 of 11 Mayor Magee adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting to be held on Tuesday, November 12, 2013, at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, California. Robert E. Magee, Mayor Virginia J. Bloom, City Clerk Page 13 of 13 AGENDA COVER SHEET MEETING OF L)Q,I`1 City Council F-1 Redevelopment Agency Other DEPARTMENT: A u X1 j ti'j CONSENT: F] APPEAL _ BUSINESS: RESOLUTION: F-1 ORDINANCES F—] PUBLIC HEARING ,rr 1 ..c i i . _ ! , ._ . ATTACHMENTS: Report emailed to Clerk ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ f ■ a ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ a ■ a ■ ■ ■ ■ a ■ ■ l ■ f ■ a ■ ■ a a ■ a ■ ■ ■ a ■ ■ ■ ■ a ■ ■ ■ ■ ■ a ■ ■ a ■ ■ ■ ■ ■ ■ 1 FOLLOW UP DIRECTION: ■ ■ ■ a ■ a ■ a a ■ • ■ ■ ■ a a a a a a a ■ a a a • ■ a a ■ a a a a ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ a ■ ■ ■ a ■ ■ a ■ a ■ a ■ a ■ ■ a ■ ■ ■ ■ a ■ a ■ ■ ■ 1 Submitted by: Date: I - L A I Approved by: Department HE ' Finance Direct+ City Manager: Date: Date: Date: i' C I^I'Y OF^�\ LADE LSIH0KE DREAM EXTREME TN REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: WARRANT LIST DATED OCTOBER 17 & 31, 2013 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated October 17 & 31, 2013 niccuccinn The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez Account Specialist 11 Reviewed By: James R. Riley zv Director of Admi i rative Services Approved By: Grant Yates City Manager Attachments: Warrant List 10-17 & 10-31, 2013 AGENDA ITEM NO. 3 Page l of 10 OCTOBER 1'7, 2013 Cl'7f'lY OF ILAIKIE ]E]LSllNORIE WARRANT SUMMARY FUNIN FUND D9SC A "T10N FOTAL 100 GENERAL FUND $ 701,165.99 104 TRAFFIC OFFENDER FUND 1 515.86 105 MISC. GENERAL PROJECT FUND _ 5,681 52 108 MISC. GRANT GUND 4,883 07 110 STATE GAS TAX FUND 47,223.59 111 TUMF CAPITAL PROJECT FUND 143.32 112 TRANSPORTATION/MEASURE A FUND 51,722.74 113 SB821 PEDESTRIAN SIDEWALK FUND 486.11 114 SB1186 CAS EDUCATION FUND 159.90 115 TRAFFIC SAFETY FUND 2,070 47 116 CITY HALL/PUBLIC WORKS DIF FUND 6,513 42 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 93,307 51 135L.L.M.D. NO. 1 FUND 3,982.80 150 _ C.D.B.G. FUND _ _ 5,975.34 155 CSA 152 - N.P.D.E.S. FUND __ 2,167.01 160 PEG GRANT RESTRICTED FUND 600.00 204 SIGNAL C.I.P. FUND _ 1,642.71 205 TRAFFIC IMPACT FEE FUND _ _ _ 944.00 221 PARK C.I.P. DIF FUND _ _ 6,956 28 232 CITY FIRE PROTECTION FUND _ 3,115.00 605 PUBLIC IMPROVEMENT IN -LIEU FUND 886.49 606 AB2766 AIR POLUTION REDUCTION FUND 90.00 608 TRUST DEPOSIT & PREPAID EXPENSE FUND 1,000.00 610 KANGAROO RAT TRUST FUND 7,035.00 620 COST RECOVERY SYSTEM FUND 35 447.93 GRAND TOTAL $ 984,716.06 10/22/2013 Warrant 10 17 13 1 of 1 Page 2 of 10 OCTOBER 17, 2.013 Ci ]ICK# CITY OF ]LAKE ELSINORE WARRAra 1 ;LIS VENDOR NAME AMOUNT 115946 VOID -WESTERN RIVERSIDE COUNCIL OF GOVTS $ (25.uu 116071-116072 A & A JANITORIAL SERVICE 4,272.75 116073 AMERICAN EXPRESS (41003) _ 227.56 116074 AMERICAN EXPRESS (71001) 2,687.74 116075 AMERICAN EXPRESS (71002) _ _ _ 2,153 00 116076 BARCLAYS CAPITAL, INC. _ _ 3,926.56 116077 GARY BOLAND DBA: VIDEO EDGE PRODUCTION _ 1,300 00 116078 BUCKNAM&ASSOCIATES, INC _ _ 1,32720 116079 COLONIAL LIFE 758.98 116080 CUTTING EDGE STAFFING INC _ 432.00 116081 DISH NETWORK 97.27 116082 DOWNS COMMERCIAL FUELING, INC. 230.75 116083 ELSINORE VALLEY RENTALS 87.50 116084 CARRIE HANES 270.39 116085 HELIX ENVIRONMENTAL PLANNING _ 5,918 12 116086 HOGLE-IRELAND, INC. _ _ 1,010 56 116087 LEGAL SHIELD _ 171.35 116088 M & M AIR CONDITIONING, INC 233.20 116089 NEXTEL COMMUNICATIONS 442.59 116090 ON DEMAND 429.00 116091 PARK WEST LANDSCAPE MANAGEMENT _ _ 106.45 116092 THE PRESS ENTERPRISE 97.90 116093 STANDARD INSURANCE COMPANY _ 1,726.89 116094 STANDARD INSURANCE COMPANY __ 13 907.72 116095 SUSTAINABLE CIVIL ENGINEERING SOLUTIONS INC. 8,100.00 116096 TIME WARNER CABLE 63.06 116097 VISION SERVICE PLAN _ 1,150.16 116098 WAL-MART COMMUNITY _ _ 183.92 116099 WEST COAST ARBORISTS INC. _ 282.90 116100 XYLEM WATER SOLUTIONS USA, INC _ _ 2,695.14 116101-116102 A &A JANITORIAL SERVICE _ 4,272.75 116103 ACCOUNTEMPS 4,623.20 116104 ACTION GAS & WELDING SUPPLY __ __ 57.42 116105 APPLE ONE 3,667 30 116106-116107 BANK OF AMERICA (8464) ___ 2,607.31 116108 BARCLAYS CAPITAL INC 3,926.56 116109 CA BUILDING STANDARDS COMMISSION _ 1,349.00 116110 CALIFORNIA STATE DIVISION OF THE STATE ARCHITECT 159.90 116111 CNH CAPITAL AMERICA, LLC 1,648.00 116112 CSUCI BOATING CENTER _ 150.00 116113-116114 CTAI PACIFIC GREENSCAPE _ 16,391 00 116115 CUTTING EDGE STAFFING INC. _ 3,357 75 116116 DAPEER, ROSENBILT & LITVAK, LLP _ 89.16 116117 DATA QUICK INFORMATION SYSTEMS INC 130.50 116118 RITA DAVIS 1,470 00 116119 DEPARTMENT OF CONSERVATION 3,084.90 116120 DOWNS COMMERCIAL_ FUELING, INC. 7,313,50 116121-116123 E. V. M. W. D. 35,534 91 116124 E.S.BABCOCK & SONS, INC 825.00 116125 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 780.00 116126 FEDERAL EXPRESS CORPORATION _ _ 294.34 116127-116129 FRANCISCO & ASSOCIATES INC 3 835.80 116130 GREAT AMERICA FINANCIAL SERVICES 864.19 116131 ARLINE GULBRANSEN __ _ 205.46 116132 CARRIE HANES 45.89 116133 DARYL HICKMAN 168.21 10/22/2013 Warrant 10 17 13 1 OF Page 3 of 10 OCTOBER 1 , 2013 Cl[ TC'Y OF ILMI E ELSINORE WA I RAN LST CHECK# VENDOR NAME AMOUNT 116134 I.C.M.A. RETIREMENT TRUST 1,365.00 1,16135 INDEPENDENT ELECTRIC SUPPLY, INC 6,956 28 116136 THE L.I.U. OF N.A. 2,952 00 116137 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 209.25 116138 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 4,333.00 116139 NANCY LASSEY 49.95 116140 LIUNA LOCAL 777 _ 1,194.00 116141 MUNISERVICES, LLC 950.00 116142 ON DEMAND _ _ 199.80 116143 ORANGE COUNTY STRIPING, INC. _ 46,702.42 116144 PACIFIC PRODUCTS & SERVICES, INC. _ 1,142 53 116145 PARK WEST LANDSCAPE MANAGEMENT 4,700.00 116146 THE PRESS ENTERPRISE 223.30 116147 PRODUCTION VIDEO, INC. 2,425.00 116148 RESOURCE STRATEGIES, INC _ _ t080.00 116149 RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 7,035 00 116150 RIVERSIDE COUNTY OF TRANSPORTATION AND LAND MANAGEMENT 745.72 116151 KATHLEEN R. SMITH _ 333.75 116152-116157 SOUTHERN CALIFORNIA EDISON CO. _ _ 22,508 40 116158 SOUTHERN CALIFORNIA GAS CO. 183.88 116159 SUNGARD PUBLIC SECTOR, INC. 50,465.27 116160 SUPERCO SPECIALTY PRODUCTS 394.76 116161 SUSTAINABLE CIVIL ENGINEERING SOLUTIONS INC. 7,590 00 116162 UNITED PARCEL SERVICE _ _ 29.06 116163-116165 VERIZON CALIFORNIA _ 4 394.80 116166-116168 WALLACE & ASSOCIATES CONSULTING 34 528.00 116169 A BETTER PARTY 331.46 116170 ACCOUNTEMPS _ _ __ __ 2,311 60 116171 ALL -PRO ENGINE & MOWER SUPPLY _ _ _ 15.34 116172 ALLEGRA MARKETING PRINT MAIL 459.00 116173 ALLIED TRAFFIC EQUIPMENT RENTAL 380.16 116174 AMBER AIR CONDITIONING INC. 3,800.00 116175 AMERICAN MATERIAL CO _ Z256.12 12 116176 CYNTHIA A. ANGEVINE _ _ 967.50 116177 APPLE ONE _ _ 5,543 62 116178 BANK OF AMERICA, FIRE _ __ 1,415 82 116179 BANK OF AMERICA, FIRE _ _ _ 1,641 32 116180 BANK OF AMERICA, CITY _ _ 899.94 116181 BANK OF AMERICA, FIRE 373.34 116182 BANK OF AMERICA, POLICE _ 739.81 116183 BANK OF AMERICA, CITY _ 1,035.68 116184 BANK OF AMERICA, CITY 635.34 116185 BANK OF AMERICA, FIRE 92.74 116186 BATTERY SYSTEMS, INC. 1,069.20 116187 BIO-TOX LABORATORIES _ 2,320.10 116188 BROTHERS TOWING 225.00 116189 MATTHEW BROWN _ 3,000.00 116190 BURROW BLASTERS USA _ 400.00 116191 CALENDARS _ _ 74.68 116192 CALIFORNIA STATE DEPARTMENT OF JUSTICE _ 280.00 116193 CANON FINANCIAL SERVICES, INC _ 999.57 116194 CANYON TIRE SALES, INC. _ _ 331.00 116195 COW GOVERNMENT, INC. 1,359 37 116196 CENTURY LINK 692.76 116197 DIANNE CHAVARRIA 250.00 10/22/2013 Warrant 10 17 13 2 OF 4 Page 4 of 10 OCTOBER 1-J, 2013 CITY OF ;L> IKE 1C L511NOR E WARRANTLIST Cl1FCK# VENDOR NAME AMOUNT 116198 CM WASH EQUIPMENT 1,904.02 116199 CMS COMMUNICATIONS, INC. 295.96 116200 CORNERSTONE RECORDS MANAGEMENT 119.06 116201 KIRT COURY 5,925.00 116202 CYNETTE PUBLIC FINANCIAL CONSULTANT 3,600.00 116203 D & S ELECTRIC 3,043 00 116204 DAVID CLARK & SUSAN ROWAN 1,000.00 116205 DAVID EVANS & ASSOCIATES, INC. 46.90 116206 DELTA SERVICES 120.85 116207 DIAMOND ENVIRONMENTAL SERVICES339.20 _ 116208 DIRECTV 94.99 116209 CAROLE DONAHOE A.I.C.P. 4,650 00 116210 MARGARET ANN DRAKE 198.00 116211-116212 E. V. M. W. D. 20,910 91 116213 ELSINORE PIONEER LUMBER CO. 29.94 116214 EWING _ _ 475.34 116215-116217 EXCEL LANDSCAPE, INC. _ _ _ 25,915 00 116218 FRANKLIN HAYNES MARIONETTES 400 00 116219 GLS PLUMBING, LLC _ __ 1,823.57 116220 GRANICUS, INC. 911.20 116221 GREAT AMERICA FINANCIAL SERVICES 316.35 116222 HAM RADIO OUTLET, INC. _ _ 934.62 116223 HELIX ENVIRONMENTAL PLANNING 3,288.77 116224 IMPACT PROMOTIONAL PRODUCTS _ 302.40 116225 INLAND EMPIRE LOCK & KEY 97.94 116226 INNOVATIVE DOCUMENT SOLUTIONS 2,046 07 116227 JOBS AVAILABLE, INC. 332.50 116228 JOHN CARLSON, AKA: DESERT ROSE 200.00 116229 JOHNSON EQUIPMENT CO. 421.85 116230 JOHNSON MACHINERY CO. 1,609,49 116231 STEVE KARVELOT _ _ _ 71.25 116232 LAKE CHEVROLET _ __ 882.36 116233 LAKESHORE HOMES & DEVELOPMENT, INC. 125.00 116234 LINKLINE COMMUNICATIONS, INC. _ _ 49.95 116235 MAXIMUM SIGN CO. _ _ 71.00 116236 MIKE WILSON 300.00 116237 MORROW PLUMBING, INC. 227.44 116238 MORROW PLUMBING, INC. _ _ _ _ _ 371.95 116239 MURRIETA LOCK & SAFE, INC. 373.91 116240 NEXTEL COMMUNICATIONS 203.56 116241 OFFICE MAX INCORPORATED 500.42 116242 PARDEE HOMES _ 200.00 116243-116244 PETTY CASH 689.44 116245 PITNEY BOWES PURCHASE POWER 17T53 116246 PITNEY BOWES, INC. 263.54 116247 GUSTAVO POLETTI _ _ _ 94.13 116248 PORT SUPPLY _ 1,284 77 116249 PREMIUM PALOMAR MT, SPRING WATER _ 178.50 116250 THE PRESS ENTERPRISE 709.50 116251 PRO PET DISTRIBUTORS 1 559,00 116252-116253 PRUDENTIAL OVERALL SUPPLY 273.54 116254 PVP COMMUNICATIONS, INC. 648.68 116255 RBI TRAFFIC _ __ 4,365.00 10/22/2013 Warrant 10 17 13 3 OF 4 Page 5 of 10 OCTOBER 17, 2013 (CITY OF LAKE ]E]LSJINORE WARRANTLIST CI ECK4h VENDOR NAME AMOUNT 116256 RIGHTWAY SITE SERVICES, INC. 1,515.17 116257 NATHAN RIVERA 225.00 116258 RIVERSIDE TRANSIT AGENCY 600.00 116259-116260 ROBBINS PEST MANAGEMENT, INC. 860.00 116261 ROBERT ADAMS, AKA: STEAL DAWN 350.00 116262 SCOTT MORRISON & ASSOCIATES 620.00 116263 SHRED -IT 127.60 116264 SIGNS BY TOMORROW 236.40 116265 JESSE ANDRA SMITH _ 100.00 116266 SNAP ON TOOLS - OMAR MUNOZ 327.35 _ 116267 SONSRAY MACHINERY, LLC 1,231.81 116268 SOUTHERN CALIFORNIA EDISON CO. _ _ 86.22 116269 STAPLES ADVANTAGE 5.79 116270 STAUFFER'S LAWN EQUIPMENT 122.90 116271 STEVEN ENTERPRISES, INC. 519.34 116272-116273 SUSTAINABLE CIVIL ENG SOLUTIONS,INC _ 30,866.77 116274 TEAM AUTOAID, INC 64.63 116275 TEMECULA MOTORCYCLE SALES & SERVICE 140.35 116276 TEMECULA MOTORSPORTS _ 523.27 116277 TIME WARNER CABLE 237.31 116278 TKE ENGINEERING _ 13 550.00 116279 UNITED PARCEL SERVICE 50.29 116280 VERIZON - INTERNET 445.99 116281 VERIZON CALIFORNIA _ 144.74 116282 VERIZON WIRELESS (#4) 28.75 116283 VILLAGE EQUIPMENT RENTALS, INC _ _ 341.00 116284 VISION INTERNET PROVIDERS, INC 235.00 116285 VULCAN MATERIALS COMPANY_ 301 32 116286 DENNIS WAITE 56.36 116287 AUSTIN WALKER 596.25 116288 WAXIE SANITARY SUPPLY 2,213 73 116289 WEST COAST ARBORISTS, INC. 33,867 20 116290 WEST COAST SERVICES 450 00 116291 WESTERN RIVERSIDE COUNCIL OF GOVT'S 6,958.35 116292 X -FACTOR MARINE & SPEED 325.00 WARRANT TOTAL 581 016.64 PAY DATE 10/01/13 CALIFORNIA P E.R S _ _ _ 46,679.98 10/01/13 CALIFORNIA P.E R S. 116,335.00 10/09/13 CALIFORNIA P.E R S. 45.853.52 10/10/13 PAYROLL CASH 125,334 64 10/10/13 PAYROLL TAXES _ 47,472.22 10/01/13 WIRE TRANSFER -BANK OF AMERICA 4,278.06 10/09/13 WIRE TRANSFER -WESTERN RIVERSIDE COUNCIL OF GOVT'S 17746.00 GRAND TOTAL 984,716.06 10/22/2013 Warrant 10 17 13 4 OF Page 6 of 10 OCTOBER 31.2013 CITY OF FAKE IEiLSl] ORIE WARRANT SUMMARY FUND# FUND DESa✓RIPFION TOTAL 100 GENERAL FUND $ 821,926.83 101 SUPLMNT. LAW ENF. SVC. FUND 4,162.57 104 TRAFFIC OFFENDER FUND 18 945.14 105 MISC. GENERAL PROJECT FUND 19 601.38 106 AFFORDABLE HOUSING IN LIEU FUND 478.11 108 MISC. GRANT FUND 52598.10 110 STATE GAS TAX FUND 46,927.41 111 TUMF CAPITAL PROJECT FUND 290.12 112 TRANSPORTATION/MEASURE A FUND 45,679 65 113 SB821 PEDESTRIAN SIDEWALK FUND 379.28 115 TRAFFIC SAFETY FUND 44,185.56 116 CITY HALL/PUBLIC WORKS DIF FUND 25 804.74 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 78,117.04 150 C.D.B.G. FUND _ 8,494.79 155 CSA 152 — N.P.D.E.S. FUND 3,153.89 160 PEG GRANT RESTRICTED FUND 23,585 00 204 SIGNAL C.I.P. FUND 832.43 205 TRAFFIC IMPACT FEE FUND 177.00 232 FIRE PROTECTION DIF FUND _ 1,298.00 356 AD 90-1A DEBT SERVICE FUND 10.50 374 C.F.D. 2005-4 LAKE VIEW VILLAS DEBT SERVICE FUND 500.00 375 C.F.D. 2006-4 TR#30698/32129 DEBT SERVICE FUND 500.00 376 C.F.D. 2006-3 LA STRADA DEBT SERVICE FUND 500.00 377 C.F.D. 2006-6 TESSARA DEBT SERVICE FUND 500.00 378 C.F.D. 2006-8 RUNNING DEER DEBT SERVICE FUND 500.00 382 C.F.D. 2006-9 TRIESTE DEBT SERVICE FUND 500.00 386 C.F.D. 2007-4 MAKENNA COURT DEBT SERVICE FUND 500.00 387 C.F.D. 2007-5 RED KITE DEBT SERVICE FUND 500.00 605 PUBLIC IMPROVEMENT IN—LIEU FUND 242.88 606 AB2766 AIR POLUTION REDUCTION FUND 10,523.88 608 TRUST DEPOSITS & PREPAID EXPENSE FUND 1,000.00 620 COST RECOVERY SYSTEM FUND 14,609.59 650 C.F.D. 2003-1 LAW & FIRE SERVICE DEBT SERVICE FUND 113 147.90 651 C.F.D. 2006-5 PARK, OPEN SPACE, STORM DRAINS DEBT SERVICE FUND 500.00 653 C.F.D. 2009-1 PARKS & LIGHTING FUND 500.00_ GRAND TOTAL $ 1,341,171.79 11/6/2013 Warrant 10 31 13 1 of 1 Page 7 of 10 OCTOBER OBER 31, 2013 CITY OF ILA IK E ]E LSINOR E WARRANT LIS c3-IICKYV VENDOR NAME AMOUNT' 11691 VOID -WESTERN RIVERSIDE COUNCIL OF GOVT'S $ (6,958.35) 116293 A PLUS HEATING & AIR CONDITIONING _ 114.03 116294 ACCOUNTEMPS 4,623 20 116295 ALLEGRA MARKETING PRINT MAIL _ 158.76 116296 AMERICAN FORENSIC NURSES _ 328.64 116297 AMERICAN MATERIAL CO. _ 183.69 116298 APPLE ONE 1,601.60 116299 BMW MOTORCYCLES OF RIVERSIDE _ 830.40 116300 CALIFORNIA CONSTRUCTION 99.00 116301 COSTAR REALTY INFORMATION, INC. _ _ _ 386.00 116302 CREATIVE BUS SALES, INC. 402.35 116303 RITA DAVIS 1,335 00 116304 DOWNS COMMERCIAL FUELING, INC. 250.08 116305 ELSINORE VALLEY MUNICIPAL WATER DISTRICT _ 17,464 41 116306 EWING _ 93660 116307 FEDERAL EXPRESS CORPORATION 23.77 116308 GLS PLUMBING, LLC 277.41 116309 LEIBOLD, MCCLENDON & MANN 26,210 38 116310 LEIGHTON CONSULTING, INC. 14,369 20 116311-116314 LOWE'S HOME CENTERS, INC. 1,795 75 116315 MCCAIN TRAFFIC SUPPLY 10,433.88 116316 MUNISERVICES, LLC 375.00 116317 NETCOMP TECHNOLOGIES, INC. _ 9,000.00 116318 ON DEMAND _ 227.77 116319 ORKIN, INC 89.02 116320 PARDEE HOMES __ 200.00 116321 PERLMUTTER PURCHASING POWER _ _ 37.57 116322 POSITIVE PROMOTIONS 604.16 116323 THE PRESS ENTERPRISE _ 161.70 116324 PRUDENTIAL OVERALL SUPPLY 22.83 116325 RISHA ENGINEERING GROUP INC _ 3,457.75 116326 RIVERSIDE COUNTY SHERIFF _ 587,768 35 116327 RIVERSIDE COUNTY TRANSPORTATION AND LAND MANAGEMENT 3,903.67 116328 ROBBINS PEST MANAGEMENT, INC 510.00 116329 SCOTT FAZEKAS & ASSOCIATES INC 1,143 17 116330 SEA PAC ENGINEERING, INC. _ _ _ 65 419.14 116331 STAPLES ADVANTAGE _ 425.37 116332 STAPLES CREDIT PLAN 457.31 116333 STK ARCHITECTURE, INC 1,777.25 116334 SUN PAC CONTAINERS _ 160.00 116335 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. 22,825 00 116336 TEMECULA MOTORSPORTS _ 1,525 57 116337 THOMAS CATERING 438.50 116338 TIME WARNER CABLE _ 76.44 116339 UNITED PARCEL SERVICE _ 70.42 116340 VERIZON WIRELESS (#1) 578.40 116341 VERIZON WIRELESS (#2) 62.23 116342 VERIZON WIRELESS _ _ __ 9645 116343 VERIZON WIRELESS (#5) _ _ _ 41.32 116344 WAL-MART COMMUNITY 5 13 116345-116346 WALLACE &ASSOCIATES CONSULTING 11,800 00 116347 WESTERN RIVERSIDE COUNCIL OF GOVT'S 6,933.35 116348 XYLEM WATER SOLUTIONS USA, INC _ 184.68 116349 A BETTER PARTY 1,034.31 116350 ALBERT WEBB & ASSOCIATES 51.50 116351 ALL -PRO ENGINE& MOWER SUPPLY 43.40 11/6/2013 Warrant 10 31 13 1 OF Page 8 of 10 OCTO;I EA 31, 2013 CITY OF iLAIKIC ]ELSIINOR vvARRAvl 1AS CI 3'ECK4t VENDOR NAME AMOUNT 116352 ALLEGRA MARKETING PRINT MAIL 75.60 116353 AMERICAN BATTERY SUPPLY 400.68 116354 AMERICAN EXPRESS (41003) 406.71 116355 AMERICAN EXPRESS (71001) _ 1,814.50 116356 AMERICAN EXPRESS (71002) 2,359 04 116357 ANIMAL FRIENDS OF THE VALLEY 14,341 00 116358 APPLE ONE 4,857.62 116359 DOUG BLOOM 63.28 116360 MATTHEW BROWN _ _ 3000.00 116361 BURKE, WILLIAMS & SORENSEN, LLP _ 10 50 116362 SCOTT BURNS _ 83.72 116363 CDW GOVERNMENT, INC. _ 74.39 116364 CITYBY APP, LLC _ _ 1,287 00 116365 _ CORELOGIC SOLUTIONS, LLC _ _ 475.00 116366 KIRT COURY _ 3,900.00 116367 CUTTING EDGE STAFFING, INC. _ 6,996 00 116368 CYNETTE PUBLIC FINANCIAL CONSULTANT _ 4,025.00 116369 D & S ELECTRIC 6,388.00 116370 RAMIRO DELGADO 150.00 116371 MARIA JAZMINE DELONE _ 3,039 37 116372 FRANCISCO DIAZ _ 150.00 116373 DISH NETWORK _ 90.27 116374 CAROLE DONAHOE A.I.C.P. _ 3,262.50 116375 DOWNS COMMERCIAL FUELING, INC. _ 6,175.90 116376-116381 E. V. M. W. D. _ 61,762.04 116382 FEDERAL EXPRESS CORPORATION _ _ 21.54 116383 GLS PLUMBING, LLC 426.49 116384 GOLDEN OFFICE TRAILERS INC, 162.00 116385 GRANICUS, INC _ _ 23,585.00 116386 GREAT AMERICA FINANCIAL SERVICES 755.15 116387 HARRIS & ASSOCIATES INC _ 5,647.90 116388 DALE HEGLUND _ 91.88 116389 HELIX ENVIRONMENTAL PLANNING _ _ 5,162.86 116390 HI -WAY SAFETY, INC. 1,921.31 116391 I.C.M.A. RETIREMENT TRUST _ 3,207.81 116392 IMPACT PROMOTIONAL PRODUCTS 1,744.03 116393 INLAND EMPIRE LOCK & KEY _ _ 301.06 116394 JOHNSON MACHINERY CO. 194.40 116395 KPA, LLC 550.00 116396 LAKE CHEVROLET _ _ __ 345.54 116397 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 202.50 116398 LAWRENCE DOORS _ _ _ _ _ 2,345 00 116399 LIEBERT CASSIDY WHITMORE _ 865.00 116400 LINKLINE COMMUNICATIONS, INC. 49.95 116401 MARK V PRODUCTS __ 367 74 116402 MAXIMUM SIGN CO. 5,335.00 116403 CORDIE MILLER 69.82 116404 MSA INLAND EMPIRE/DESERT CHAPTER 195.00 116405 MV CHENG & ASSOCIATES _ 2,000.00 116406 NEXTEL COMMUNICATIONS 442.60 116407 ORANGE COUNTY STRIPING, INC. 41,017.71 116408 PARK WEST LANDSCAPE MANAGEMENT 213.33 116409 GUSTAVO POLETTI 139.50 116410 GENARO & MABEE PRATS _ _ 2,000.00 116411 PREMIUM PALOMAR MT. SPRING WATER 225.75 11/6/2013 Warrant 10 31 13 2 OF Page 9 of 10 OCTOBER 31, 2013 CITY OF ;LAIK E ]EILSINORE WNRRA1Nr LAST CI-jECK# VENDOR NAME AMOUNT' 116412-116413 PRUDENTIAL OVERALL SUPPLY 409.73 116414 RANCHO REPROGRAPHICS, INC. 138.56 116415 RBI TRAFFIC 3,870.00 116416 RIGHTWAY SITE SERVICES, INC. 66.60 116417 RIVERSIDE TRANSIT AGENCY 1,984.55 116418 RIVERSIDE COUNTY EXECUTIVE OFFICE 17,884.34 116419 RUGGED RACES, LLC _ 1,000.00 116420 SONIA SALAZAR83 72 116421 SHRED -IT 80.00 116422 SNAP ON TOOLS - OMAR MUNO_Z 484 92 116423 SOS STORAGE CENTERS 540.00 116424-116431 SOUTHERN CALIFORNIA EDISON CO. 55,74T66 66 116432 STAUFFER'S LAWN EQUIPMENT 975.07 116433 STUDIO 395 60.00 116434 SUAREZ'S AUTO UPHOLSTERY 900.00 116435 TEAM AUTOAID, INC. 268.02 116436 JOYCE TEYLER _ _ 75.12 116437 TIME WARNER CABLE 237.31 116438 TRAFFIC CONTROL SUPERVISORS ASSOCIATION 50.00 116439 UNITED PARCEL SERVICE 91.77 116440 VENUS PRINTING _ _ 518.40 116441-116443 VERIZON CALIFORNIA 5,042,06 116444 VILLAGE EQUIPMENT RENTALS, INC. 165.00 116445 VISION INTERNET PROVIDERS, INC. 235.00 116446 WEST COAST ARBORISTS, INC. 7,339 00 116447 Z BEST BODY & PAINT SHOPS, INC. 1,997.22 7_\7Z\ 10/24/13 CALIFORNIA P.E R.S 44 735.97 10/24/13 PAYROLL CASH 124,117.22 10/24/13 PAYROLL TAXES _ _ 50,928.00 GRAND TOTAL 1,341,171.79 11/6/2013 Warrant 10 31 13 3 OF Page 10 of 10 City Council YEPARTMENT: AGENDA COVER SHEET MEETING OF 11- j )--�nf wRedevelopment Agency CONSENT: =/1 v e 14,",e r'i+ � APPEAL BUSINESS: Other 4VAvq1AeAl )� ,, Ui--,Co RESOLUTION: ORDINANCES = PUBLIC HEARING ATTACHMENTS: ye Report emailed to Cleric E a. E 0 0 0. 0 0 a 0 0 0 0 a e 0 0 0 E a■■ a a a a a a.■ a 0 0. 0 0 .. a a a■■ a a a a a a a a a a a a a a a a a■■ a a■■ a a a FOLLOW UP DIRECTION: a a a a a a a a a a a a a a a a a a a a a a a a a a 0 0 . a .. a 0. 0 0 0 .. ■ a a. a a a a a a a a a a a. f a a 0 a a .. a.. .. . Submitted by: Date: S� /--3 Approved by: Department Head: Date: Finance Director: Date: City Manager: Date: 1 ��� CITY OF Aw-�— L AKE LSI�.0KE `. DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: ANNUAL ADOPTION OF INVESTMENT POLICY Recommendation Approve the City's investment policy. Background Under Government Code Section 53646(a), the City's Investment Policy should be reviewed and adopted by City Council annually. Discussion The investment policy is reviewed annually by the City's investment advisor, PFM Asset Management LLC (PFM) and the City Treasurer. The recommendations made by PFM have been incorporated in this year's investment policy. A copy of the memorandum from PFM noting their evaluation and recommendations is included with this report. The City Treasurer has reviewed and finds no objection to the revised Investment Policy that conforms well within that allowed by the California Government Code. Also, this is an Investment Policy, before revision, that has been reviewed and found in conformance with California Government Code by the City's independent auditor. The policy also has all required elements as outlined in the Model Investment Policy of the Municipal Treasurers' Association of the United States & Canada. Fiscal Impact No fiscal impact, Prepared by: James R. Riley (2& - Director of Admin rative Services Approved by: Grant M. Yates )y City Manager AGENDA ITEM NO. 4 Page 1 of 23 Annual Adoption of Investment Policy November 12, 2013 Attachments: PFM Asset Management LLC (PFM) Review of Investment Policy 2. City of Lake Elsinore Investment Policy November 2013 Page 2 of 23 -9 r :'l�« =T The PFM Group Public Financial Management, Inc. PFM Asset Management, LLC PFM Advisors Memorandum To: James Riley, CPA, Director of Administrative Services Allen Baldwin, City Treasurer Ci4y of Lake Elsinore From: Sarah Meacham, Director Sam Dreyfuss, Analyst PFM Arre6 Management LLC Re: Review of Investment Policy 601 South Figueroa Street 213-489-2075 Suite 4500 Fax 213-489-2085 Los Angeles, CA www.pf n'oom 90017 October 15, 2013 We have completed our annual review of the City's Investment Policy (the "Policy"). The City's Policy is comprehensive and remains in compliance with all applicable California Government Code (the "Code") statutes regulating the investment of public funds. I-Iowever, we have some recommendations to improve the clarity and consistency of the Policy, and to better align the Policy with the Code. Section 1—Introduction The Policy currently states that the document's purpose is to outline policies and procedures that enhance opportunities for a prudent and systematic investment policy. The Policy provides guidance for the prudent: management of the City's investment program; we changed "systematic investment policy" to "systematic investment program." Section 4—Prudence The Policy references the correct standard of prudence, the Prudent Investor Standard, but the description of the standard needed to be updated. We have replaced the language in the Policy with the language now used in California Government Code. Section 13—Authorized Financial Dealers and Institutions The National Association of Dealers has been replaced by the Financial Industry Regulatory Authority. We updated the Policy to reflect this change. Proof of romal Assoeiat n-ef Securiey-Dealers Financial Industry Regulatory Authority (NASD FINRA) certification (not applicable to Certificate of Deposit counter parries) Section 14—Authorized Investments The Policy currently references reverse repurchase agreements, but they are not listed as an authorized investment within the Policy so we removed the reference. Attachment 1 Page 3 of 23 a®ec October 15, 2013 PFNI Pap 2 Commercial Paper The Policy limits investment with the commercial paper sector to no more than 15% of the City's portfolio, but the City is permitted to invest an additional 10% of its portfolio in eligible commercial paper provided the dollar -weighted average of the investments does not exceed 31 days. This language is a version of what used to be in the Code. California Government Code now allows 25% of commercial paper in portfolios with a maximum maturity of 270 days. We revised the Policy to reflect this change to the Code. G) The City may invest no more than 15%25% of its portfolio in eligible commercial paper with a maximum maturity of 270 days The- City- may--invest-art additional average -of the aggregate investment in-commercial--paper-does-not- exceed--31--days: I'doi�vifi33sfiat�dingaiiything-herein..-ee-the-eotrttaty-the-C-ity-trtay-invest no-more-thatr 25',4O of-its-portfolio-it-ekgible--eornmercial•-paper, and the City may purchase no more than 10% of the outstanding commercial paper of any single issuer. Negotiable Certificates of Deposit We added the word "federally" in the Authorized Investments section of the Policy for negotiable CDs. Senate Bill 194, which took effect January 1, 2012, amended California Government Code �53601(i) to permit public agencies to purchase negotiable CDs issued by "a federally licensed branch of a foreign bank." This revision was viewed as a correction of an oversight (omission of authorization to invest in negotiable certificates of deposit issued by federally licensed banks) when the California legislature authorized certificates of deposit issued by state -licensed banks. California Government Code §53601(i) has allowed local governments to invest in negotiable CDs issued by a nationally or state -chartered bank, a savings association or a federal association, a state or federal credit union, or by a state -licensed branch of a foreign bank. Glossary To improve the clarity of the Policy, we removed all definitions in the Glossary for words that are not mentioned in the Policy because the Glossary is meant to be a tool to help the reader understand the Policy. Please let us know if you have any questions about our recommendations. Attachment 1 Page 4 of 23 November 2013 CITY OF LAKE ELSINORE INVESTMENT POLICY 1) INTRODUCTION The purpose of this document is to set out the policies and procedures that enhance opportunities for a prudent and systematic investment program and to organize and formalize investment -related activities. The investment policies and practices of the City of Lake Elsinore (the "City") are, in every case, subject to and limited by applicable provisions of state law and to prudent money management principles. All funds will be invested in accordance with the City's Investment Policy, and applicable provisions of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (Section 53600 et seq.). 2) SCOPE The investment policy applies to all financial assets, except bond proceeds and retirement funds, accounted for in the City of Lake Elsinore Comprehensive Annual Financial Report (CAFR) and any new fund created by the City Council, unless specifically exempted. The investment of bond proceeds will be governed by the provisions of relevant bond documents. 3) OBJECTIVES The primary objectives, in priority order, of the City's investment activities shall be: A) Safety of Principal Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The City shall seek to preserve principal by mitigating two types of risk: credit risk and interest rate risk. Credit Risk: The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer, by: Attachment 2 Page 5 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY • Limiting investments to the types of securities listed in the Authorized Investments section of this Investment Policy. Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. 2. Interest Rate Risk: The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: Structuring the investment portfolio with marketable securities so that securities can be liquidated to meet cash flow needs or structuring the portfolio to mature to meet cash requirements for ongoing operations. B) Liquidity Historical cash flow trends are compared to current cash flow requirements on an ongoing basis in an effort to ensure that the City's investment portfolio will remain sufficiently liquid to enable the City to meet all reasonably anticipated operating requirements. C) Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. 4)PRUDENCE In managing its investment program, the City will observe the "Prudent Investor" standard as stated in Government Code Section 53600.3, applied in the context of managing an overall portfolio. Investments will be made with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 2 Page 6 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY 5) PERFORMANCE EVALUATION Investment performance is to be continually monitored and evaluated by the Director of Administrative Services. The City's primary portfolio performance will be measured against a total return index with securities with similar attributes and similar average maturity, e.g., the Merrill Lynch 1-5 Year U.S. Treasury Index. 6) DELEGATION OF AUTHORITY In accordance with the City Council Policy of the City of Lake Elsinore and under authority granted by the City Council, the City Treasurer's function and responsibility for investing the unexpended cash in the City Treasury has been designated to the City Manager. The responsibility for conducting the City's investment program has been delegated to the Director of Administrative Services, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for all investment activities. No person may engage in an investment transaction except as provided under the terms of the policy and the procedures established by the Director of Administrative Services. Portfolio management and transactions may be delegated to an independent investment advisor registered with the SEC. 7) INVESTMENT PROCEDURES The Director of Administrative Services shall establish written investment procedures and a system of controls to regulate the operation of the investment program and the activities of subordinate officials consistent with this policy. The procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of the policy and the procedures established by the Director of Administrative Services. 3 Page 7 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY 8) ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper executions of the investment program, or impairs their ability to make impartial investment decisions. Additionally, the City Officials are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). 9) SAFEKEEPING AND CUSTODY To protect against fraud or embezzlement of losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank / trust department. All security transactions entered into by the City of Lake Elsinore shall be conducted on delivery -versus -payment (DVP) basis. All securities purchased or acquired shall be delivered to the City of Lake Elsinore by book entry, physical delivery, or by third part custodial agreement as required by CGC 53601. Securities held custody of the City shall be independently audited on an annual basis to verify investment holdings. All exceptions to this safekeeping policy must be approved by the City Manager in written form and included in monthly reporting to the City Council. 10) DIVERSIFICATION The City of Lake Elsinore will diversify its investments by security type and institution. It is the policy of the City of Lake Elsinore to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. Diversification strategies shall be determined and revised periodically. In establishing specific diversification strategies, the following general policies and constraints shall apply: (a) Maturities selected shall provide for stability of income and liquidity. (b) Disbursement and payroll dates shall be covered through maturity investments and marketable securities. 11) INTERNAL CONTROL The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by the Finance Staff on a monthly basis. 0 Page 8 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY An independent analysis by an external auditor shall be conducted annually to review internal control, account activity, and compliance with policies and procedures and reported to City Council. 12) REPORTING Each month the Director of Administrative Services shall submit to City Council, the City Manager, and the City Treasurer a monthly report of investment transactions. The report shall also include a detailed security report. If all funds are placed in LAIF, FDIC - insured accounts, and/or in a county investment pool, the foregoing report elements may be replaced by copies of the latest statements from such institutions. The Director of Administrative Services shall maintain a complete and timely record of all investment transactions. Additionally, every quarter the Director of Administrative Services shall render to the City Manager, City Council and the City Treasurer a quarterly investment report, which shall include, at a minimum, the following information for each individual investment: • Type of investment instrument (i.e., Treasury Bill, medium term note); • Issuer name (i.e., General Electric Credit Corporation); • Purchase date (trade and settlement date); • Maturity date; Par value; Purchase price; Current market value and the source of the valuation; Overall portfolio yield based on cost. The quarterly report also shall (a) state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance; (b) include a description of any of the City's funds, investments, or programs that are under the management of contracted parties, including lending programs; and (c) include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. 5 Page 9 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY 13) AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Director of Administrative Services will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. The Director of Administrative Services will review the financial condition and registrations of qualified bidders annually. All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: • Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines to be submitted annually • Proof of Financial Industry Regulatory Authority (FINRA) certification (not applicable to Certificate of Deposit counterparties) Proof of state registration Complete broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties) Certification of having read and understood and agreeing to comply with the City's Investment Policy prior to commencing trading Evidence of adequate insurance coverage An annual review of the financial condition and registrations of qualified bidders will be, conducted by the Director of Administrative Services. The City may also use broker/dealers approved and evaluated by an SEC registered investment advisor acting in a fiduciary capacity for the City. The City is required to obtain at least 3 competing bids from different broker/dealers for every purchase or sale of a security. 14) AUTHORIZED INVESTMENTS Investment of City funds is governed by the California Government Code sections 53601 et seq. Unless otherwise specified in this section, no investment shall be made in any security, other than a security underlying a repurchase agreement as authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years. The Director of Administrative Services, or designee, is authorized to purchase the following investment instruments: A. U.S. Treasury, notes, bonds, bills, or other certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest. R Page 10 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY B. Federal agency or United States government-sponsored enterprise obligations, participation, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises including debt guaranteed under the FDIC's Temporary Liquidity Guarantee Program, which is backed by the full faith and credit of the U.S. Government. No more than 40% of the City's portfolio may be invested in any one federal agency. C. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the State or any local agency or by a department, board, agency or authority of the state or any local agency, provided that such obligations are rated in one of the top three rating categories by a NRSRO and are general obligation bonds or essential service bonds secured with revenue from a water, sewer, power, or electric system. D. Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California, provided that such obligations are rated in one of the top three rating categories by a NRSRO and are general obligation bonds or essential service bonds secured with revenue from a water, sewer, power, or electric system. E. Repurchase Agreements. Repurchase agreements are to be used solely as short-term investments not to exceed 30 days. The City may enter into repurchase agreements with primary government securities dealers rated "A" or better by two nationally recognized rating services. Counterparties should also have (i) a short-term credit rating in the highest category by a nationally recognized statistical rating organization (NRSRO); (ii) minimum assets and capital size of $25 billion in assets and $350 million in capital; (iii) five years of acceptable audited financial results; and (iv) a strong reputation among market participants. The following collateral restrictions will be observed: Only U.S. Treasury securities or Federal Agency securities will be acceptable collateral. All securities underlying repurchase agreements must be delivered to the City's custodian bank versus payment or be handled under a properly executed tri -party repurchase agreement. The total market value of all collateral for each repurchase agreement must equal or exceed 102% of the total dollar value of the money invested by the City for the term of the investment. For any repurchase agreement with a term of more than one day, the value of the underlying securities must be reviewed on an on- going basis according 'The details of the FDIC guarantee are Provided in the FDIC's regulations, 12 CFR Part 370, and at the FDIC's website littl)://www.fdic.gov/rcgtilations/resources/TLGP. 7 Page 11 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY to market conditions. Market value must also be calculated each time there is a substitution of collateral. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to repurchase agreement. The City shall have properly executed a Master Repurchase Agreement with each counter party with which it enters into repurchase agreements. F. Bills of exchange or time drafts drawn on and accepted by a commercial bank and brokered to investors in the secondary market, otherwise known as bankers' acceptances. Purchases of bankers' acceptances may not exceed 180 days' maturity, or 40% of the City's surplus money that may be invested. However, no more than 30% of the City's surplus funds may be invested in the bankers' acceptances of any one commercial bank. Eligible bankers' acceptances are restricted to issuing financial institutions with short-term paper rated in the highest category by one NRSRO. G. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2) below: 1. The entity meets the following criteria: (A) is organized and operating in the United States as a general corporation. (B) has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated "A" or higher by a NRSRO. 2. The entity meets the following criteria: (a) is organized within the United States as a special purpose corporation, trust, or limited liability company. (b) Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. (c) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. 1.1 Page 12 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY Notwithstanding anything herein to the contrary the City may invest no more than 25% of its portfolio in eligible commercial paper, and the City may purchase no more than 10% of the outstanding commercial paper of any single issuer. H. Medium term notes with a maximum remaining maturity of five years or less issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subsection must be rated in one of the top three rating categories by a NRSRO and shall not be on credit watch for a potential downgrade by a NRSRO. Purchases of medium term notes may not exceed 30% of the City's portfolio. FDIC -insured or fully collateralized time certificates of deposit in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. Any amounts invested in excess of the FDIC insured deposit limit must be collateralized in accordance with California Government Code Section 53561. J. Negotiable certificates of deposit issued by a nationally or state -chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state -licensed branch of a foreign bank. Securities eligible for investment under this subdivision shall be rated with the highest letter and number rating by a NRSRO for short-term ratings and in the second highest category for longer-term ratings. Purchases of negotiable certificates of deposit may not exceed 30% of the City's portfolio. K. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed $50 million. 1. The LAIF portfolio should be reviewed periodically. L. California Asset Management Program (CAMP). M. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). The purchase price of shares shall not exceed 20 percent of the investment portfolio of the City. To be eligible for investment pursuant to this subdivision these companies shall either: 1. Attain the highest ranking letter or numerical rating provided by not R Page 13 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY less than two of the three largest NRSRO or 2. Have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. N. Insured savings account or money market account. To be eligible to receive local agency deposits, a financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities in its most recent evaluation. Credit criteria and sectors and issuers percentages for investments listed in this section will be determined at the time the security is purchased. A decline in the overall investment balances that causes the percent to any investment above its maximum policy limit will not be considered out of compliance. The City may from time to time be invested in a security whose rating is downgraded. In the event a rating drops below the minimum allowed rating category for that given investment type, the Director of Administrative Services shall notify the City Manager, the City Treasurer, and City Council and recommend a plan of action. Notwithstanding anything herein to the contrary, with the exception of the U.S. Treasury, federal agency institutions, and government sponsored enterprises no more than 5% of the City's portfolio may be invested in securities issued by any one corporate, financial, or municipal issuer. 15) PROHIBITED INVESTMENTS Any security type or structure not specifically approved by this policy is hereby specifically prohibited. Security types which are thereby prohibited include, but are not limited to, inverse floaters, derivatives, range notes, interest only strips that are derived from a pool of mortgages, or in any investment that could result in zero interest accrual if held to maturity. 16) LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations will be deemed to be incorporated into the City of Lake Elsinore's investment policy and will supersede any and all applicable language. 10 Page 14 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY 17) INTEREST EARNINGS All moneys earned and collected from investments authorized in this policy shall be allocated quarterly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio. 18) POLICY REVIEW The City of Lake Elsinore's investment policy shall be adopted by the City Council on an annual basis. This investment policy shall be reviewed at least annually to insure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Any amendments to the policy shall be forwarded to the City Council for approval. 11 Page 15 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY Glossary Bankers Acceptance: A draft or bill or introductory material, and a detailed exchange accepted by a bank or trust Statistical Section. company. The accepting institution, as well as the issuer, guarantees payment of Dealer: Someone who acts as a principal the bill. in all transactions, including buying and selling from his/her own account. Bond Proceeds: The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker: Someone who brings buyers and sellers together and is compensated for his/her service. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Lake Elsinore. It includes five combine statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive 12 Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Derivative: Securities that are based on, or derived from, some underlying asset, reference date, or index. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Deposit Insurance Corporation (FDIC): Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $250,000) per account. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Interest Rate: The annual yield earned on an investment, expressed as a percentage. Issuer: Any corporation, government unit or financial institution which borrows money through the sale of securities. Page 16 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY Liquidity: Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF): A special fund in the State Treasury which local agencies may use to deposit funds for investment. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Market Risk: Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short- term speculation mitigates market risk. Market Value: The price at which a security is trading and could presumably be purchased or sold. Maturity: The date the principal or stated value of an investment becomes due and payable. Medium -Term Notes: Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States 13 or any state and operating within the United States. Member: Refers to a governmental entity which is a signatory to the Joint Powers Agreement establishing the California Joint Powers Insurance Authority. Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. Negotiable: Term used to designate a security, the title to which is transferable by delivery. I Portfolio: Collection of securities held by an investor. Principal: Describes the original cost of a security. It represents the amount of capital or money which the investor pays for the investment. Purchase Date: The date in which a security is purchased for settlement on that or a later date. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. Repurchase Agreement (Repo): Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. Safekeeping: A service to customers Page 17 of 23 CITY OF LAKE ELSINORE INVESTMENT POLICY rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Treasury Bills: United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only, T-bills are sold on a discount basis. Treasury Notes: Medium-term coupon - bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years. United States Government Agencies: Instruments issued by various United States Government Agencies most of which are secured only by the credit worthiness of the particular agency. Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 14 Page 18 of 23 CITY OF LAKE ELSINORE INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES OBJECTIVES OF INTERNAL CONTROL Internal control is the plan of organization and all the related systems established by the management's objective of ensuring, as far as practicable: • The orderly and efficient conduct of its business, including adherence to management policies. • The safeguarding of assets. • The prevention or detection of errors and fraud. • The accuracy and completeness of the accounting records. • The timely preparation of reliable financial information. LIMITATIONS OF INTERNAL CONTROL No internal control system, however elaborate, can by itself guarantee the achievement of management's objectives. Internal control can provide only reasonable assurance that the objectives are met, because of its inherent limitations, including: • Management's usual requirement that a control be cost-effective. • The direction of most controls at recurring, rather than unusual, types of transactions. • Human error due to misunderstanding, carelessness, fatigue, or distraction. • Potential for collusion that circumvents controls dependent on the segregation of functions. • Potential for a person responsible for exercising control abusing that responsibility; a responsible staff member could be in a position to override controls which management has set up. 15 Page 19 of 23 CITY OF LAKE ELSINORE INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES (Continued) ELEMENTS OF INTERNAL CONTROL Elements of a system of internal control are the means by which an organization can satisfy the objectives of internal control. These elements are: ORGANIZATION Specific responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and understood. PERSONNEL Personnel should have capabilities commensurate with their responsibilities. Personnel selection and training policies together with the quality and quantity of supervision are thus important. 3. SEGREGATION OF FUNCTIONS Segregation of incompatible functions reduces the risk that a person is in a position both to perpetrate and conceal errors or fraud in the normal course of duty. If two parts of a transaction are handled by different people, collusion is necessary to conceal errors or fraud. In particular, the functions that should be considered when evaluating segregation of functions are authorization, execution, recording, custody of assets, and performing reconciliations. 4. AUTHORIZATION All transactions should be authorized by an appropriate responsible individual. The responsibilities and limits of authorization should be clearly delineated. The individual or group authorizing a specific transaction or granting general authority for transactions should be in a position commensurate with the nature and significance of the transactions. Delegation of authority to authorize transactions should be handled very carefully. 5. CONTROLS OVER AN ACCOUNTING SYSTEM Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and properly recorded. 16 Page 20 of 23 CITY OF LAKE ELSINORE CASH CONTROLS PROCEDURES PERFORMED BY EXTERNAL AUDITORS WITH RESPECT TO CASH RECEIPTS A. City procedures and controls are reviewed. Some of the system strengths are: 1. Receipts are controlled upon receipt by proper registration devices. 2. Receipts are reconciled on a daily basis. 3. Amounts are deposited intact. 4. Bank reconciliations are reviewed. 5. Prompt posting of cash receipt entries in books. 6. Proper approval required for write-offs of customer accounts. 7. Checks are restrictively endorsed upon receipt or when run through cash register. 8. Adequate physical security over cash. 19 Individuals that handle cash do not post to customer account records or process billing statements. 10. Adequate supervision of Finance Department operations. B. Significant revenues are confirmed directly with payer and compared with City books to make sure amounts are recorded properly. C. Cash balances are substantiated by confirming all account balances recorded in books. Bank reconciliations are reviewed for propriety and recalculated by the auditor. All significant reconciling items on bank reconciliations are verified as valid reconciling items by proving to subsequent bank statements. 17 Page 21 of 23 CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS Function Formal Investment Policy should be: * Prepared By: * Approved By: 2. Develop Investment Strategy Investment Strategy should be approved by 4. Execution of investment transactions 5. Timely recording of investment transactions: Recording of investment transactions in the City's records Recording of investment transactions in the accounting records 6. Verification of investment, i.e., match broker confirma- tion to City's records Safeguarding of Assets and Records: Reconciliation of City's records to the accounting records Reconciliation of City's records to bank statements and safekeeping records M Responsibility Director of Administrative Services City Council Registered Investment Advisor Director of Administrative Services Registered Investment Advisor Finance Manager or Senior Accountant (but reviewed by Director) Finance Manager or Senior Accountant (but reviewed by Director) Account Specialist Director of Administrative Services Finance Manager or Senior Accountant Finance Manager or Senior Accountant (but reviewed by Director) Page 22 of 23 CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS (Continued) Function 8. Safeguarding of Assets and Records (continued): Annual review of (a) financial institution's financial condition, (b) safety, liquidity, and potential yields of investment instruments. 9. No less than an annual review of investment portfolio as prepared by Director of Administrative Services `IN Responsibility Director of Administrative Services Independent Auditors Page 23 of 23 CC 5' AGENDA COVER SHEET � pq ee MEETING OF O V" 2, j ElCity Council � Redevelopment Agency F-1 Other DEPARTMENT: 21b� CONSENT: APPEAL BUSINESS"�6LSe Lc�,p C RESOLUTION: 1:1 ORDINANCES PUBLIC HEARING ATTACHMENTS: LfloTs Report emailed to Clerk ■ a a a a a■■�■ s■ a s■■ a a a a a a a a a a a a a a a a s■ a a a a a s a a■ t a a a■■■ a■ a■ a a a a a s a a a a a s a a a a w r FOLLOW UP DIRECTION: a a■ a r r a■■ z a a a a a a a a a a a a a a a a a a a a a a a w a a a a■■■■ a a a a a a a a a a a a a a a a a a a a a a a a■■■ a■_ Submitted by: �Iapate: I Approved by: n ( } Department Hf Finance Directs City Manager: Date: //—(c — C Date: Date: 1 CITY OF LADELSINOP, DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: PURCHASE OF ONE CRAFCO SUPER SHOT 125 DIESEL MELTER CRACK SEALER MACHINE Recommendation Staff recommends that the City Council authorize the City Manager to sign and issue a purchase order for the amount of $36,510.73 to Crafco for the purchase of a Super Shot 125 Diesel Melter Crack Sealer. Background The city hired an outside contractor approximately 8 years ago for crack sealing. Cracks in the streets are caused either by thermal stresses or by fatigue from repeated traffic loading. Most potholes and pavement failures are caused by water damage entering the base and sub -grade, through cracks that have not been sealed with asphalt or similar material. This can cause potholes to develop rapidly and lead to more severe pavement failures if left unsealed. Discussion As part of an overall pavement management system this machine will be used to establish an annual preventative maintenance program for crack sealing of City streets. Crack sealing can be done faster and at a lower cost per square foot than other types of pavement treatments. City staff will be able to work on more streets per year using this approach. By shifting to crack -sealing work, the City will have less costly street repairs. Therefore, staff solicited quotes from: Crafco, Seal Master and Cimline. AGENDA ITEM NO. 5 Page I of 8 Purchase of Crack Seal Machine November 12, 2013 Page 2 of 2 Bid Total Cost Crafco Super Shot Diesel Melter Crack Sealer $36,510.73 Crafco Super Shot Diesel Melter Crack Sealer $36,737.28 3 Cimline Magma 150 gallon DH $46,882.00 Fiscal Impact Funding in the amount of $36,510.73 is available in the FY13-14 CIP for the purchase of this equipment under GEN -0082, utilizing Gas Tax Fund 110. Prepared by: Rick De Santiago Public Works Superintendent Approved by: Ati Eskandari 4 Interim Director of Public orks Approved by: Grant Yates City Manager Attachment: Exhibit A — Quotes from Crafco, Seal Master and Cimline Page 2 of 8 14142 Whittram Ave. Fontana, CA 92335 (909) 822-6822 (800) 762-3748 FAX: (909) 822-2762 Quote To: City Of Lake Elsinore Julian Perez 521 N. Langstaff Elsinore, 92503 Phone: (951)674-5170 Fax: (951)471-1251 Email: jperez@lake-elsinore.org Project Title: Equipment Bid Date: Bid Number: Project Start Date: Ship Before: 11/29/2013 Q 10/17/2013 TO 11/29/2013 Quoted By: Quote Effective Dates: Region Code: Estimated Time to Ship After Receipt of Order: quoted at time of order QUOTE # CZRNQ1393-02 Date Quoted 10/17/2013 EXPIRATION DATE: 11/29/2013 Ship To: City Of Lake Elsinore 521 N. Langstaff Elsinore, 92503 Julian Perez (951)674-5170 jperez@lake-elsinore.org Terms: NET 30 F.O.B.: ORIGIN/PREPAID/CHARGED BACK Ship Via: Truck/Common Carrier Candace Carlson W R4 Customer: City Of Lake Elsinore Quote Number CZRNQ1393-02 Project Title: Equipment Date 10-17-13 Part # Description Unit Qty. Quote Price Ext. Price 43600 SS125 DIESEL MELTER REV.3EA 1 $33,497.0000 $33,497.0000 20014 3" PINTLE HITCH REV.D EA 1 $121.3800 $121.3800 24007 & TRUNK CONN.(5-WAY FLAT) EA 1 $10.2000 $10.2000 REV.0 26119 3/8 HOOK W/SAFETY LATCH EA 2 $55.2500 $110.5000 REV.A 27120-4 DISK -3" SWIVEL EA 1 $67.1500 COMMENTS: Equipment FOB Chandler AZ. Training provided at time of delivery at NC. One year warranty. Revision #2: Update duration, options and pricing. 10/17/13 .16:41:30 We value your business. Shipping Charges Sub Total Sales Tax Total $67.1500 $0.00 $33,806.23 $2,704.50 $36,510.73 Page 3 of 8 Paye 1 of 2 NOTE: Quantities may be limited at Crafco's discretion. Pricing and availability are subject to change without notice. Pricing does not include applicable taxes. Tax exemption forms must be on file prior to Invoicing. Unpaid sales tax wlll be reported to State and Local tax authorities. Extension is net after terms. Pricing and availability are subject to change without ounce. FOB DEFINITIONS: O/PPD/NC Origin/Prepaid/No Charge - Crafco will pay all shipping charges. 0/COL Origin/Collect - Freight charges will be collectd by the freight carrier at the delivery point. O/PPD/CB Origin/Prepaid/Charge Back - Grant, will pay the shipping charges and charge it to the customer including drop charges and other charges that apply. O/PPD/Fixed/CB Origin/Prepaid/Charge Back - Crafco has quoted a fixed freight cost that will be added to the invoice plus drop charges that apply. THIRD PARTY Freight charges are billed drou by the freight company to an account set up by the customer. Customer responsible for unloading all deliveries. Minimum 4 pallet orders of HP patching material, cold pour loop sealant and any hot pour sealants or adhesives are delivered free of charge, Less than 4 pallet orders Incur a $200 delivery charge. Delivery is to one location within Los Angeles, San Diego, Orange, and Imperial, western Riverside, and western San Bernardino Counties. Locations in Eastern Riverside and San Bernardino Counties beyond the radius of Palm Desert, Twenty-nine Palms and Barstow will Incur an additional $200 delivery charge on all orders, i.e. if customer has 4 pallet minimum order. the freight charge would be $200, if customer has less than 4 pallet minimum order the freight charge would be $400. Other Counties will be quoted a delivery rate for each order. For Delivery to one location within Ventura and Santa Barbara Counties Minimum 5 pallet orders of HP patching material, cold pour loop sealant and any hot pour sealants or adhesives are delivered free of charge. Less than 5 pallet orders incur a $200 delivery charge.. Minimum 6 pallet orders of SCBDO or Perma Repair cold patch materials are delivered free of charge. Less than 6 pallet orders incur a $200 delivery, charge. Delivery Is to one location within Los Angeles, San Diego, Orange, Imperial, Riverside, Ventura and Santa Barbara Counties. Other Counties will be quoted a delivery rate for each order. Minimum 3 drums (150 gal.) or thirty 5 -gallon palls (150 gal.) orders of silicone sealant delivered free of charge. Less than 150 gallon orders incur a $200 delivery charge. Delivery Is to one location within Los Angeles, San Diego, Orange, Imperial, Riverside and San Bernardino Counties. Other Counties will be quoted a delivery rate for each order. Pavement Preservation Products Restocking Policy Crafco will only accept the return of products that have been authorized In writing In advance. To obtain authorization contact your customer service representative. A written authorization will be faxed or emalled to you. A copy or the RETURN AUTHORIZATION must accompany the material being returned. Not all products are returnable. Products that have a shelf life or are considered made to order or special order may not be returned. No used parts may be returned. All returns are subject to restocking charges. All products returned must be in the original packaging and be in good and salable condition. Crafco reserves the right to charge repackaging charges in addition to restacktng charges. Restocking Charges PARTS (*) 15% EQUIPMENT Non Returnable SEALANT (*) 25% SILICONE Non Returnable GEOCOMPOSITES Non Returnable MASTIC(*) 25% POLYPATCH (*) 25% TECHCRETE (-) 25% OTHER STANDARD INVENTORIED ITEMS (') 25% CUSTOMER IS RESPONSIBLE FOR ALL SHIPPING COSTS ON RETURNED MATERIALS. (') Not all purchases are returnable. Any part or product that is non-standard or obsolete Is not returnable. Request information on the acceptability for returns for any specific product when ordering. 10/:1711.3 1.6:41:30 We value your business. Page 4 of 8 Paye 2 of 2 SealMaster of Southern California 690 Rancheros Drive San Marcos, CA 92069 (760)744-7320 http://www.Scalmastersocal.com Ship Date 07/31/2013 '..06/13/2013 1 • E2745HH- TR 125 D. CrackPro Heated Hose Machine 42,520.00 42,520.00T I • P17582AO22-Heated Hose 22' O.00T I • P469AO02 Sealing Disc O.00T • FOB. Lake Elsinore CA ---ETD 30 - 45 days ARO Warranty Service Location: San Marcos CA. Other options available at 20% discount Please contact Robert Shutt for questions at 619-929-9578 or robert@sealmastersocal.com Accepted By Accepted Date SubTotal $42,520.00 Discount (20%) $ -8,504.00 Tax (8%) $2,721.28 Total', $36,737.28 SealMaster Locations: Baldwin Park: (877)33 1-7325 San Marcos. (760)744-7320 San Diego: (619)287 7325 Orange(714)771-7325Sun Valley: (818)394-9876 Page 5 of 8 Page 6 of 8 Julian Perez From: Van Thomas[vanthomassuperiorsupply@cox.net] Sent: Tuesday, July 09, 2013 2:09 PM To: Julian Perez Subject: Fwd: Price Quote for Cimline Melter Thank you, Van Thomas Superior Supply 4006 S.23rd St, Suite # 15 Phx, AZ 85040 602-268-9599 - office 602-268-9590- fax 602-568-8600- cell vanthomassu periorsu pply(a-)-cox. net Begin forwarded message: From: Van Thomas <vanthomassuperiorsupp_.(x@cox.net> Subject: Price Quote for Cimline Melter Date: June 28, 2013 2:53:40 PM MST To: jperez Lake Elsinore. oM Julian, Ed Shockley from Cimline asked me to send you a quote for the following melter applicator. Cimline Magma 150 gallon DH .................. $46,882.00 This price includes engine cover and freight charges. Standard options : 1) Automatic or manual operation. 2) Lowest loading height of all melters 3) Heat up time 1 hr or less. 4) Electrically heated hose. Options: Arrow board, Strobe light ( single or dual ), 70 CRM compressor with hose reel. Note: San Diego County just purchased two of the Cimline 230 gal.melter applicators with heated hoses and compressor units. Thank you for the opportunity to demonstrate this equipment in the near future. Thank you, Van Thomas Superior Supply 4006 S.23rd St, Suite # 15 Phx, AZ 85040 602-268-9599 - office 602 -268 -9590 -fax Page 7 of 8 ENAMODERICRACKSEALING TECIMMOLOG Add A Compressor To This Model - Click Here The Magma Compressor Series combines exclusive Cimline performance features with the convenience of an integrated air compressor for crackcleaning. DOWNLOAD C1MLlNE Literature DESCARGAR el folleto CIMLlNE MAGMA Magma 150 Gallon MelterlApplicator -All the features of larger models with a single axle for easy towing. This is the melter that fits most municipal applications. Enough capacity for larger cracksealing jobs and versatile enough for smaller parking lot and driveway projects. • Standard Features • Magma Advantages • Build Your Own Magma • Safety First Material Tank (US gallons) 150 Engine (HP) 25 Diesel Burner Fuel Diesel Burner Size (BTUs) 250,000 GVWR 5,200 GAWR 7,000 Axles 1 Brake Type Electric Loading Height (inches) 51 Loading Doors Single Curbside Diesel Fuel Capacity (US gallons) 33 Hydraulic Oil Capacity (US gallons) 33 Hydraulic Cooler Optional Heat Transfer Oil (US gallons) 20 Dimensions (L x W x H) 170" x 84" x 92" Shipping Weight (lbs) 4,120 AGENDA COVER SHEET 4 MEETING OF `% City Council EA Redevelopment Agency a Other DEPARTMENT: YT7�ONSENT: ICT d' El APPEAL El BUSINESS: } E] RESOLUTION: a ORDINANCES PUBLIC HEARING ATTACHMENTS: `( ! V ElReport emailed to Cleric a a a a a a a a a a a a a a a a a a a a a a 1 a a a a a a a a a a a a a a a t a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a FOLLOW UP DIRECTION: N a a a a a a a a a a a a a a a a a a a g a a a a a a a a a t o a a a a a a a a f a a a a a a a a a a a a a a a a a a or a a a a a a a a a a a a Submitted by: Approved by: Department H Finance Direct City Manager: Date: ead: Date:—.(e or: Date: ( - �7 3 Date: 1114 Vc CITY OF ice. LADE � LSINORI `—N— DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: NOTICE OF COMPLETION - SUMMERHILL DRIVE FROM CANYON ESTATES DRIVE TO VIA DE LA VALLE, PROJECT NO. SSP14 Recommendations 1. Accept the improvements into the City Maintained System 2. Authorize staff to file the Notice of Completion with the County Recorder 3. Authorize staff to release the contract retention amount, 35 days after filing the Notice of Completion 4. Authorize transfer of project fund balance to Main Street Overlay Project No. 4405 Background Summerhill Drive from Canyon Estates Drive to Via De La Valle had varying degrees of pavement distress, ranging from minor block cracking, to isolated areas of settlement. City Council appropriated funding in the amount of $388,410.00 for the rehabilitation in the FY 2013/2014 Capital Improvement Program budget. In June of 2013, the City advertised the bid for construction services for the Annual Slurry Seal - Summerhill Drive Project No. SSP14. Bids were opened on July 18, 2013; City Council awarded the contract for construction services in the sum of $213,932.00 (plus 10% contingency) on August 13, 2013 to the low bidder, Pavement Coating Company. The rehabilitation included removal and replacement of pavement, subgrade re -compaction, slurry seal, cape seal, and thermoplastic traffic striping and pavement markings. AGENDA ITEM NO. 6 Page 1 of 4 Annual Slurry Seal - Summerhill Drive November 12, 2013 Page 2 of 2 Discussion Pavement Coating Company satisfactorily completed the rehabilitation on October 17, 2013 in accordance with the approved plans and specification. The low construction bid and oversight by inspection staff has provided for project savings of approximately $138,284.00. It is requested that these funds be re -appropriated to the Main Street Overlay Project. The project is identified as an active, underfunded project in the FY 2013/2013 Capital Improvement Program; it is currently in design with construction anticipated to commence in January 2014. As an underfunded improvement project, re - appropriation and use of unappropriated Gas Tax and/or Measure A funds will be the primary sources of funding. Fiscal impact Project Budget Gas Tax $ 88,410.00 Measure A $300,000.00 $388,410.00 Expenditures Construction $222,427.90 Design & Inspection $ 15,698.00 Project Management & Administration $ 12,000.00 est. $250,125.90 R Remaining Balance is approximately $138.284.10 Prepared by: Peter Ramey?' Project Engineer Rita Thompson Senior Engineering Technician Approved by: Ati Eskandari Interim Director of Public Works Approved by: James Riley a/ Director of Admi istrative Services Approved by: Grant M. Yates,` City Manager J� Attachments: Vicinity Map Notice of completion Page 2 of 4 VICINITY MAP ANNUAL SLURRY SEAL - SUMMERHILL DRIVE PROJECT NO. SSP14 Page 3 of 4 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Name City of Lake Elsinore Street 130 S. Main Street Address City& state Lake Elsinore CA 92530 M S U PAGE SIZE DA PCOR NOCOR SMP MISC. A R L COPY LONG REFUND NCHG EXAM NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Lake Elsinore 1 The full address of the owner is130 S Main Street 4. The nature of the interest or estate of the owner is in (If .111.1 than fee, strike'in Pee' and insert, for example, 'purchaser under centrad of mrcni or'lesseet 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on October 17. 2013 . The work done was: Pavement Rehabilitation 7. The name of the contractor, if any, for such work of improvement was Pavement C oRting Company 8. The property on which said work of improvement was completed is in the city of Lake Elsinore County of Riverside , State of California, and is described as follows: removal and replacement of pavement, subgrade re compaction slurry seal cape seal and thermoplastic traffic striping and pavement markings 9. The street address of said property is none III no street address ties been officially assigned, insen'none') Dated: VERIFICATION Signature of owner of corporate officer of owner named in paragraph 2 or his agent City Clerk City of Lake Elsinore I, the undersigned, say: I am the Interim Director of Public Works / City Engineer the declarant of the foregoing (`President Of "Manager Of partner ol, 'Owner of; etc.) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on (Date of signature) 20 at Lake Flsinor . California. (city where signed) (Personal signature of tine individual who is swearing that the contents of N. notice of completion are tme) Page 4 of 4 CC AGENDA COVER SHEET MEETING OF 3 City Council El Redevelopment Agency F-1 Other DEPARTMENT: El CONSENT: APPEAL BUSINESS: RESOLUTION: ATTACHMENTS: E71 ORDINANCES a PUBLIC HEARING Report emailed to Clerk 0 a a a a a a a a a a a a a a a a a a a z a a a a a a a w a a a a a a s a a a a a a a a a a a a a a a a a a a a a a s a a a w w w w w a a a FOLLOW UP DIRECTION: ■ a a a a a a a a a a a a a a a a a a a a w w a w a a a w a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a w a a a a a a a a l Submitted by: Date: Approved by: Department Head/ Date: // —�Q —13 Finance Director:[ ��j L Date: City Manager: Date: /j 9 CITY OP�/`��_ LADE LSMOIJE �M DREAM EXTREME - REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: CONSTRUCTION CONTRACT AWARD - FY 2013-2014 SB 821 SIDEWALK PROJECT; PROJECT NO. 4406 Recommendations 1. Award the construction contract for the FY 2013-2014 SB 821 Sidewalk Project to Southwest Construction Company, Inc., in the amount of $333,531.00 with a 10% contingency of $33,000 to be used for construction. 2. Authorize the City Manager to execute the contract with Southwest Construction Company, Inc.. 3. Award the construction survey contract to KDM Meridian in the amount of $26,965.00; and the construction geotechnical and materials testing services contract to MTG in the amount of $29,809.00 4. Authorize the City Manager to execute the contract with KDM Meridian and MTG. 5. Authorize the use of $ 307,542.50 of unappropriated Gas Tax Fund 110 6. Authorize the use of $18,756.50 from Public Improvement In Lieu Fees. Background Throughout the City of Lake Elsinore there are locations without sidewalks for students and residents to use when walking to school or other local destinations. The proposed SB -821 Project sidewalk improvements are located near Elsinore AGENDA ITEM NO. 7 Page I of 56 Award Construction Contract November 12, 2013 Page 2 of 3 Elementary, Elsinore Middle, and Railroad Canyon Elementary Schools on Heald Avenue from Lewis Street to Lowell Street, Lowell Street from Heald Avenue to Sumner Avenue and Mill Street from Avenue 7 to Avenue 9. Staff applied for and received $87,908.00 from the SB -821 Bicycle and Pedestrian Facilities Program through the Riverside County Transportation Commission; the funding covers a portion of the cost of sidewalk construction only, requiring local funds be used for remaining project cost along with ancillary related street improvements such as curb and gutter and minor paving. Additional funding in the sum of $18,756.50 from the Public Improvement In Lieu fees is also to be used. The fee was paid as a condition of construction of a single family home on Mill Street at APN 373-094-003, with the intent that it be used to construct the improvements as part of a City project. Discussion Project design was completed in July of 2013 at a cost of $48,031.26. The construction bid documents were published on September 10, 2013; bids were opened publically on October 10, 2013 at 2:00 p.m. The City received 12 qualified bids and rejected one (1) bid for not acknowledging and including the addendum bid sheet. The qualified bids are as follows: 1. Southwest Construction Company, Inc. Fallbrook $333,531.00 2. Mamco, Inc. Riverside $363,900.00 3. Avi-Con, Inc. Riverside $390,000.00 4. Hillcrest Contracting Corona $391,922.50 5. Hardy & Harper, Inc. Santa Ana $432,000.00 6. Alpha 1 Construction Santa Fe Springs $437,686.50 7. Roadway Engineering Mira Loma $445,016.25 8 Lee & Stires, Inc. Montclair $459,650.00 9 Super Technical, Inc. Anaheim $474,945.00 10 Red Hawk Services Perris $483,526.46 11 PTM General Engineering Services, Inc. Riverside $498,417.50 12 JDC Rancho Cucamonga $541,487.50 Requests for Proposals for Geotechnical Construction Services and Construction Survey Services for construction support were sent to selected consultants on September 23, 2013 with a due date of October 10, 2013. Staff received and reviewed proposals for geotechnical services from five firms and proposals for survey services from three firms. Staff selected MTG for geotechnical at a cost of $29,809 and KDM Meridian at a cost of $26,965 for survey, deeming their proposals consistent with the requirements of the Request for Proposal. Page 2 of 56 Award Construction Contract November 12, 2013 Page 3 of 3 Fiscal Impact The SB 821 sidewalk projected construction cost is $433,305.00 to be funded as follows: Fund 113 SB821 $ 87,908.00 Fund 910 Gas Tax (available budget): $ 19,098.00 Appropriate Gas Tax (unappropriated): $307,542.50 Appropriate Public Impvt. In Lieu Fees: $ 18,756.50 Total: $433,305.00 Prepared by: Peter Ramey Qil. - Project Manager Rita Thompson t�v Senior Engineering Technician Approved by James Riley/ Director of AdnVistrative Services Department Approved by Ati Eskandari Interim Director of Public Works/City Engineer Approved by: Grant -Yates, City Manager 4 -- Attachments: Exhibit A - Vicinity Map Agreement for Construction Services: Southwest construction co MTGL KDM Meridian Page 3 of 56 Page 4 of 56 EXHIBIT A Page 5 of 56 EXHIBIT A VICINITY MAP HEALD AVENUE BETWEEN LEWIS STREET AND LOWELL STREET ROJECT SITE NFA, SB -821 BICYLCE AND PEDESTRIAN PROGRAM FOR FISCAL YEAR 2013-2014 Page 6 of 56 iWA0110,11111 VICINITY MAP PROPOSED CONSTRUCTION OF SIDEWALK LOWELL STREET BETWEEN HEALD AVENUE AND SUMNER AVENUE SB -821 BICYLCE AND PEDESTRIAN PROGRAM FOR FISCAL YEAR 2013-2014 Page 7 of 56 EXHIBIT A VICINITY MAP PROPOSED CONSTRUCTION OF SIDEWALK MILL STREET BETWEEN AVENUE 7 AND AVENUE 9 G SB -821 BICYLCE AND PEDESTRIAN PROGRAM FOR FISCAL YEAR 2013-2014 Page 8 of 56 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the _ day of , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City') and KDM Meridian ("Consultant"), RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one (1) year or the completion of the project. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $26,965.00 without additionaR authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. Page 9 of'56 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in'a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. Cityshall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 2 Page 10 of 56 8. Consultant's Books and Records a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits,,which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) Page 1 I of 56 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation. against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply Is Page 12 of 56 separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best rating of no less than A: VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any ,. insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this canceled, or reduced in coverage or in notice has been received by the City. Policy shall not be suspended, voided, limits except after thirty (30) days written C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. Page 13 of 56 d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: KDM Meridian 22541 Aspan Street C Lake Forest, CA 92630 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 6 Page 14 of 56 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other *,consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. (Signatures on following page) 7 Page 15 of 56 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: ATTEST: Virginia A. Bloom, City Clerk APPROVED AS TO FORM: City Attorney 0 Page 16 of 56 EXHIBIT "A" SCOPE OF SERVICES Page 17 of 56 I Lk -1 KDM MERIDIAN SURVEYING, MAPPING, AND LAND SERVICES October 8, 2013 Mr. Peter Ramey, P.E. Project Engineer City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Subject: Professional Construction Survey Services SB 821 Sidewalk Improvements Various Locations Project No. 4406 City of Lake Elsinore Dear Peter: KDMM P1309 -11v1 KDM Meridian is pleased to provide the City of Lake Elsinore with this proposal for Construction Staking Services. This work encompasses portions of three streets: Heald Avenue, from east of Lewis Street to Lowell Street, and continuing north on Lowell to south of Summer Avenue and Mill Street, from Avenue 7 to Avenue 9. We propose to provide construction staking and related office calculations and support on a Time and Material Basis, with all work to be tracked and organized for invoicing based upon written request for staking forms. Our scope and not -to -exceed fee are as follows: Scope of Services: 1) Horizontal and Vertical control a) Establish/re-establish horizontal and vertical control within project site areas 2) Construction Staking (Maximum of once only for construction, unless otherwise noted) a) Set stakes for limits of work & removal limits/dig-outs b) Slope staking as follows: Heald Ave. — 528 If; Lowell St. — 254 If; Mill St. —1,050 If; (Total 1,832 If) c) Staking for ADA Ramps (7) d) Set stakes for Curb & Gutter @25' intervals for 1,600 LF e) Set stakes for C/L of residential driveways (13) f) Set stakes for C/L of alleyway driveways (2) g) Set stakes for Spandrel (1) h) Staking calculations field survey management, scheduling, meetings and project coordination I) Monumentation Perpetuation — tie out and re -set survey monuments, and submit pre & post - construction corner records with the County Surveyors office j) Re -staking (3 move -ins @ 2 hours each) We will work closely with the City Inspector to review all construction staking requests, and communicate with him for scheduling of staking, tracking requests, and all work related issues. 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone: 949-768-0731 Facsimile: 949-768-3731 KDMMeridian.com Page 18 ��... Mr. Peter Ramey, P.E. Page 2 of 3 SB 821 Sidewalk Improvements Various Locations Project No. 4406 — City of Lake Elsinore 10/8/2013 KDMM has reviewed the construction plans for this project. We believe that our field crews can provide sufficient staking for the Contractor to build these improvements. Should the Contractor require a different level of effort to facilitate completion of work, we anticipate that this will be considered by City Staff, and, if required, we are prepared to provide this staking, should it be deemed necessary and requested by City Staff. All extra work (i.e.: re -staking, plan revisions, site revisions, including any or all items not covered in scope) will be identified as extra or additional work on invoices. All work done by survey field crews will be invoiced with accompanied certified payroll. KDMM understands that this work will be calculated and staked from electronic files. All grades to be provided will be straight grade unless elevations are provided within design plans. KDMM will utilize pre- existing monumentation for all staking based upon information provided within electronic and project survey files. KDMM ask that a basis of bearings, project survey control files and notes, and electronic CAD files be provided for our survey control work and construction staking calculations. KDMM will comply with prevailing wage rates requirements and submit certified payroll as requested. Our current prevailing wage fee schedule as presented with our proposal will be honored for the duration of this project. It is understood that all work for this project will be under the direction of City Staff and that the Contractor will need to supply the City with a detailed written request for construction staking 48 hours prior to the start of work (Does not pertain to weekends). The Contractor must also acknowledge that the City is providing staking for construction of work items on an as -needed basis, and that any additional staking and re -staking must be approved by the City before work is performed. There is a potential reach along Mill Street that may require monumentation perpetuation fgr approximately eleven (11) 1" iron pipe monuments set for parcels 1, 2, 3, & 4 of Parcel Map No. 7553, PMB 24, Page 61 of Riverside County (enclosed). We will offer these services as a separate unit cost item. There may be set monuments along Heald Avenue within the grading area that may be affected by these improvements; we will notify your office immediately if we discover any monuments in this area during the work of our control establishment prior to construction staking. KDMM Not -To -Exceed Fees: Construction Staking $17,995 C/L Tie/Mon. Perp. (1 @$600 EA.) $ 600 Property Mon. Perp. (11 @$600 EA.) $ 6,600 Re -Staking (3 move -ins@ $590 Each) $ 1,770 ,;< KDM MERIDIAN I ..Wage TOW 5 6 Mr. Peter Ramey, P.E. Page 3 of 3 S8 821 Sidewalk Improvements Various Locations Project No. 4406 — City of Lake Elsinore 10/8/2013 Thank you for this opportunity to provide surveying services to the City of Lake Elsinore. If you have any questions with any portion of this proposal please do not hesitate to call. Sincerely, Richard C. Maher President P.\2013 Propos4;mba -September\P13b§'11{R1309-11v}.doc KDM MERIDIAN " Page 26 of 56 EXHIBIT "B" SCHEDULE OF CHARGES EXHIBIT "C" Page 21 of 56 I KDM MERIDIAN I Prevailing Wage Fee Schedule Valid Through October 1, 2013 PROFESSIONAL SERVICES: HOURLY RATE: Principal $185.00 QA/QC Manager $165.00 Project Manager $165.00 Project Surveyor $145.00 Survey Technician $120.00 AutoCAD Drafter/Designer $105.00 Clerical/Administration $ 75.00 Technical Aide $ 75.00 Expert Witness (4 hour minimum) $350.00 Survey Crew (1 man w/truck) $185.00 Survey Crew (2 persons) $235.00 Survey Crew GPS (3 persons) $310.00 Survey Crew GPS (4 persons) $388.00 REIMBURSABLE& RATE: Additional Survey Vehicle $ 80/day Supplies, Reproduction, Rental of Special Equipment Cost + 15% Subconsultants Cost + 15% REMOTE SITES: RATE: Fuel, lodging, Airfare Cost + 15% Meal Expense $ 50/day/person Mileage $ 0.55/mile Note: Government Agencies and/or private landowner fees, map filings, research materials, etc. are extra to contract costs. These rates are dependant on prevailing wage rates as determined by the Director of the Department of Industrial Relations. Interim changes will negate these rates and an adjusted fee schedule will be issued, and shall apply should this occur. Overtime pay will be charged at a rate of 150% as shown above. Double time pay will be charged at a rate of 200% as shown above. 22541 Aspan Street, Suite C, Lake Forest, California 92630 Telephone: 949-768-0731 Facsimile: 949-768-3731 KDMMeridian.com Page 22 of 56 EXHIBIT "C' INSURANCE REQUIREMENTS 11 Page 23 of 56 CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. oU Executed on this day of I ()UGuA y -e, , 2013 at Z t A w California. 6�j2 /✓otir�C S, �hwe �� "�G ✓./�I >�er•=d%,.�, C�'p C, Consultant (If you are required by law to provide workers' compensation insurance coverage for your employees, STRIKE -THROUGH and NOTE NOT APPLICABLE (N/A) over the Certificate. See sample below.) CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the''fectpl any person in any manner so as to becom Executed on this day of SB821 FY 13-14 the work for which this Agreement Is entered Into, I shall not employ o the -Workers' Compensation Laws of the State of California. California. 17 RFP CONSTRUCTION SURVEY Page 24 of 56 EXHIBIT "D" ASSIGNMENT AND SUBCONTRACTING Not applicable. No subcontracting as part of this contract. 12 Page 25 of 56 LIST OF SUBCONSULTANTS PROJECT NAME: PROJECT NO: CONSULTANT NAME: Duplicate this form as necessary to report all subconsultant(s) information. Page 26 of 56 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of the _ day of , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and MTGL ("Consultant"). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional Consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a periodof one (1) year or the completion of the project. ,. .. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $29,809.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services. Page 27 of 56 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 28 of 56 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and L possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).) Page 29 of 56 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. Page 30 of 56 ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an AM Best rating of no less than A: VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured's with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. V. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. Page 31 of 56 vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: MTGL 14467 Meridian Parkway, Building 2A Riverside, CA 92518 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. Page 32 of 56 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. .. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. Page 33 of 56 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: ATTEST: Virginia A. Bloom, City Clerk APPROVED AS TO FORM: City Attorney Page 34 of 56 EXHIBIT "A" SCOPE OF SERVICES Page 35 of 56 "Providing Value in Quality Control" Geotechnical Engineering Construction Inspection Materials Testing Environmental P-13-700 Central Dispatch Oct 3, 2013 (800) 491-2990 RE: PROPOSAL FOR GEOTECHNICAL & MATERIALS TESTING SERVICES Branch office City of Lake Elsinore — Project No. 4406 Intend Empire SB 821 Various Sidewalk Improvements — Lake Elsinore, CA 14467 Meridian Enclosed please find our Fee Schedule dated January 1, 2013. The rates set forth in the attached Pkwy., Bldg 2A Riverside, CA 92518 schedule have been discounted as detailed within this proposal. TO: 951-653-4999 To furnish a budget we have assumed the following laboratory testing and staffing requirements fax: 951-653-4666 per Greenbook Specifications: Branch Office • 1 inspector/technician will be needed on site daily for approximately 80% of the 50 day Locations schedule (320 Hours) at $74.00/bour ($23,680.00) o Nuclear Density Gauge usage approximately 40 days at $70.00/day ($2,800.00) • Sun Diego/ Inperial County • 1 asphalt batch plant inspector/technician will be required during asphalt production for approximately 2 days (16 Hours) at $74.00/hour (1,184.00) • Indio • Laboratory Materials Testing Services • Los Angeles/ o 2 Maximum Density Characteristics (ASTM D1557) of Bedding/Subgrade at Ventura County $150.00/each ($300.00) o 2 Sieve Analysis (ASTM D422) of Bedding/Subgrade at $60.00/each ($120.00) Corporate Office o 2 Maximum Density Characteristics (ASTM D1.557) of Aggregate Base at Orange County $150.00/each ($300.00) 0 2 Sieve Analysis (ASTM D422) of Aggregate Base at $60.00/each ($120.00) Certifying Agencieso 2 Compacted Maximum Depsity with Stability of Asphalt Concrete — HVEEM at State of California $200.00/set of three ($400.00) D.s.A o 1 Theoretical Maximum Density of Asphalt Concrete (ASTM D2041) at bsDPn American Assns or .each ($75. $7500/ ($75.00) $tatellighways o 2 Gradations of Extracted Samples of Asphalt Concrete (ASTM D136/C117) at Cal Trans $50.00/each ($100.00) CCRL Cement & Concrete o 2 Sand Equivalent of Asphalt Concrete at $65.00/set ($130.00) Reference Laboratory o 1 Binder Content of Asphalt Content at $100.00/each ($100.00) Los Angeles • Engineering Review/Project Management/Final Affidavit at $500.00/each ($500.00) LA County LA City Total Estimated Fee: $29,809.00 MTA orange Connty, MTGL services will be provided on an "As -Needed" basis with site visits coordinated by the Orange Cot aq, superintendent. Fees for our services will be invoiced on a "Time & Materials" basis in Environmental accordance with the "Basis of Charges" outlined in the attached fee schedule. Management Agency Our estimated fee has been based on the provided plans the projected project duration and 81111 Diego San Diego City experience with similar projects. We have not been provided with a detailed construction schedule Sail Diego Comity at the time this estimate was created. Should a detailed construction schedule be made available, SD Water authority we would gladly review it if requested. fuland Empire City or Riverside County of Riverside �-.�— �-�- -,._ _..,-..,---,......,.-...r._.-.....-..,... These prices will remain in effect for 90 days from the date of this proposal. The opportunity of submitting this proposal is sincerely appreciated. If it meets with your approval, please indicate your acceptance by signing and returning the attached cony. We look forward to working with you on this project. Sincerely, MTGL, Inc. CLIENT: M. TITLE: Atkinson DATE: ss Development Steven Koch Senior Vice President Encl.: Schedule of Fees dated January 1, 2013 SBE/DBE Certifications CalTrans Certifications Pagc 3'7 oi'S6 4 { 14 `'M1i e31d I t 3 t�`I October 16, 2012 Los Angeles County One Gateway Plaza 213.922.200o Tel Metropolitan Transportation Authority Los Angeles, CA 9oo1m-2952 metro.net Metro Fife # 1199 Marianne Sierra MTOL Inc. 2992 E. La Palma Ave. Suite A Anaheim, CA 92806 Re: Small Business Enterprise Certification Dear Ms. Sierra: We are pleased to advise you that after careful review of your application and supporting documentation, the Los Angeles County Metropolitan Transportation Authority (Metro) has determined that your firm meets the eligibility standards to be certified as a Small Business Enterprise (SBE) as required under the Metro SBE Program. Your firm will be listed In the Metro SBE database of certified SBEs under the following specific areas of expertise: NAICS (2007) Description Size Standard 541380 Testing Laboratories $14 million 541620 Environmental Consulting Services $14 million Your SBE certification is good for five years from the date of this letter and applies only for the above NAICS 2007 codes. Requests for additional or revised NAICS 2007 codes must be made in writing to Metro. After the five-year certification period, your entire file will be reviewed in order to ascertain continued SBE certification status. You will be notified of the pending SBE status review and any documentation updates necessary prior to the expiration date. Should any changes occur that could affect your certificatlon`'status, such as changes in your firm's name, business/mailing address, ownership, management or control, or failure to meet the applicable business size standards or personal net worth standard, please notify Metro immediately. SBE certification is subject to review at any time. Metro reserves the right to withdraw this certification if at any time it is determined that certification was knowingly obtained by false, misleading, or incorrect information. Metro also reserves the right to request additional information and/or conduct on-site visits at any time during the certification period. The firm thereby consents to the examination of its books, records, and documents by the Metro. Congratulations, and thank you for your interest in Metro's SBE Program. I wish you every business success and should you have any questions, please contact us at 213-922-2600. For information on Metro contracting opportunities, please visit our website at www.metro.net. SincerelM, rley Wong Certification Representative Diversity & Economic Opportunity Department C1WceUW.WAplc',CE0.l1flCAnOMCml WatCbO.6lii,IryWm6M1 Fw Lffic06E.6z Small Ouslnest CedMaNao Unit One Gateway piara, Mail Stop 99-3.4, Los An6eler, G 90012.2952 4!213-922-2600 F=213-922-0660 Page 38 of 56 16.412 State of California Department of Transportation LABORATORY QUALIFIED LABORATORY INSPECTION REPORT Form TL -0113 (12 U, 02-06) Expiration Date: October 1, 2014 Inspected by: Ashley R. Shaw IA No.: 68 Phone: (949)279-8730 File: Materials Category 500 Laboratory: MTGL Inc. Riverside Lab RSP # 587 Address: 14467 Meridian Parkway, Bldg. 2A City: Riverside State: CA Zip: 92518 Lab QC Mgr: Ben Lo e-mail: bio(@mtaline.com Telephone: (951) 653-4999 Fax: (951) 653-4666 A certified Independent Assurance (IA) visited this laboratory on (Date) _ October 1, 2012 Only the equipment to be used on Caltrans Construction projects and/or local construction projects on the National highway System was checked for qualification. At the time of Caltrans Qualification, this laboratory had all necessary equipment to perform the tests methods indicated below. Testing personnel shall be Caltrans Qualified and possess a current Caltrans Certificate of Proficiency Form TL -0111 prior to performing any sampling or testing. 105 106 213 216 308 504 543 556 125 201 217 226 . 518 521 557 202 206 207 227 229 231 533 539 540 A visual check was performed and documents provided as necessary for the following items: X Facility Safety Manual X Laboratory Procedures Manual X Laboratory Quality Control Manual X Proper test equipment X Copies of current applicable test procedures X Calibration and service documentation X Calibration stickers affixed to equipment (dated within the 12 months) On! October 1. 2012 this laboratory was Caltrans Qualified by Ashley R. Shaw (Date) (Printed name of IA person) I& VV' A-L„zY Signature of IA person) r— --_— age.. o STATE OF CALIFORNIA • BUSINESS, TRANSPORTATION AND HOUSING AGENCY Edmund G, Brown Jr., Governor DEPARTMENT OF TRANSPORTATION District 08 — Materials Engineering 464 W. Fourth Street, 6� Floor San Bernardino, CA 92401-1400 CALTRANS QUALIFIED LABORATORY INSPECTION REPORT Form TL -0113 (soun,em IA, 01-06) Expiration date: June 06, 2014 Inspection by: AsWey R. Shaw IA No.: 68 Phone: (909) 350-9096 Pile: Materials Category 500 Laboratory: MTGL Inc. RSP#66 Address: 2992 E. La Palma Ave., Suite A City: Anaheim State: CA Zip: 92806 Lab Manager: Reid E. Briley e-mail: rbrileypmtglinc.com Phone #: (714) 623-2999 x2111 Fax #: (714) 632-2974 A certified Independent Assurance (IA) Sampler and Tester visited this laboratory on June 6,2013. Only equipment to be used on Caltrans construction projects and/or local construction projects on the National Highway System projects was checked for qualification. At the time of Caltrans Quahfication, this laboratory had all necessary equipment to perform the tests methods indicated below. Testing personnel shall be Caltrans Qualified and possess a current Caltrans Certificate of Proficiency Form TL -0I I I prior to performing any sampling or testing. CT 105 CT 106 CT 125 CT 201 CT 202 CT 205 CT 206 CT 207 CT 213 CT 216 CT 217 CT 226 CT 227 CT 229 CT 231 CT 234 CT 301 CT 304 CT 308 CT 309 CT 366 CT 367 CT 370 CT 382 CT 504 CT 518 CT 521 CT 523 CT 533 CT 539 CT 540 CT 543 CT 556 CT 557 A visual check was performed and documents provided as necessary for the following items: Facility Safety Manual © Laboratory Procedures Manual ® Laboratory Quality Control Manual ❑X Proper Test Equipment ® Copies of current applicable test procedures ® Calibration and Service Documentation © Calibration/Service stickers affixed to test equipment Laboratory Qualification is valid for one year Jul •J„R On June 6, 2013 this laboratory was qualified by: Agl- ey R. Shaw District 12, Independent Assurance Page 40 of 56 EXHIBIT "B" SCHEDULE OF CHARGES Mil Page 41 of 56 Orange County 2992 E. La Pelma Ave., Suite A, Anaheim, CA 92806 Tel: (714) 632-2999 / Fax: (714) 632-2974 Branch Offices: San Diego / 6295 Ferris Square Suite C Imperial San Diego, CA 92121 Tel: (858) 537.3999 / Fax: (858) 537-3990 Inland Empire 14667 Meridian Pkwy., Bldg. 2A, Riverside, CA 92518 Tel: (951) 653.4999 / Fax: (951) 653-4666 Indio 44-917 Golf Center Parkway, Suite 1, Indio, CA 92201 Tel: (760) 342-4677 / Fax: (760) 342.4525 SCHEDULE OF FEES EFFECTIVE JANUARY 1, 2013 MTGL, Inc. is a woman -owned, minority -business -enterprise. Our facilities have been structured and professionally staffed to provide our clients with comprehensive services in the field of Construction Inspection and Testing, Geotechnical Engineering, Engineering Geology, and Environmental Services. GEOTECHNICAL ENGINEERING Planning and feasibility studies, preliminary and final design, grading and foundation plan reviews, observation, testing, verification and engineering consultation during construction. CONSTRUCTION INSPECTION Field inspection by registered deputy inspectors. ROOFING INSPECTION Field inspection by qualified technicians. ENGINEERING INVESTIGATIONS Evaluation of existing and damaged structures. PAVEMENT MANAGEMENT Design, failure investigations, remedial measures. CONSTRUCTION ENGINEERING Materials, specifications, quality assurance, expert testimony. PHYSICAL TESTING Construction materials, structural systems. NON-DESTRUCTIVE EXAMINATION Ultrasonic, magnetic particle, dye penetrant. RESEARCH Product and process development, reliability testing. ENVIRONMENTAL I INDUSTRIAL HYGIENE Asbestos & lead -paint based consultation, project design, monitoring & management, remediation planning environmental site assessments, thermographic imaging, indoor air quality testing, mold screening & consultation, water intrusion & investigation. . _____1age42of5 CONSTRUCTION SERVICES PROFESSIONAL SERVICES Principal Engineer/ Geologist ............................ $ 150.00 Per Hour Registered Civil Engineer / Geologist ................ $ 120.00 Per Hour Staff Engineer/ Geologist .................................. $ 90.00 Per Hour Inspection / Laboratory Supervisor .................... $ 90.00 Per Hour Project Manager ................................................ $ 90.00 Per Hour Draftsperson...................................................... $ 70.00 Per Hour Word Processing ............................................... $ 50.00 Per Hour Review of files for processing affidavits Including Trim ...........................$ and certifications required by various C496 Splitting Tensile ............................$ Governmental Agencies ................................ $ 90.00 Per Hour Legal Consultation, Expert Witness and Compression Test 5 8" x 8" x 16"$ 100.00 Each Court Appearances (Minimum 4 Hours)......... $ 250.00 Per Hour ENVIRONMENTAL SERVICES Compression Test> 8" x 8" x 16" Handling Charge, Cylinders Certified Asbestos Consultant, .... __ ............ ...... $ 05.00 Per Hour Certified Asbestos Inspector .............................. $ 65.00 Per Hour Certified Asbestos Project Manager ................... $ 75.00 Per Hour Certified Asbestos Project Designer .................. $ 75.00 Per Hour Certified Site Surveillance Technician ................ $ 65.00 Per Hour On -Site 582 Certified Microscopist .................... $ 65.00 Per Hour Certified Lead Inspector/ Assessor ................... $ 65.00 Per Hour Certified Lead Project Monitor ........................... $ 65.00 Per Hour Certified Industrial Hygienist .............................. $ 180.00 Per Hour Environmental Site Assessment (Phase I)......... $ 95.00 Per Hour Environmental Site Assessment (Phase II)........ $ 95.00 Per Hour Industrial Hygienist ............................................ $ 100.00 Per Hour (Prices based on 2 Hour Minimum & Test Samples Additional) PROJECT SERVICES 350.00 Each Pile Driving / Deep Foundation Inspection......... $ 90.00 Per Hour Special Inspection ............................................. $ 74.00 Per Hour Multi -Certified Inspector ..................................... $ 74.00 Per Hour Roofing Technician ............................................ $ 84.00 Per Hour Batch Plant (Concrete or Asphalt) ..................... $ 74.00 Per Hour Technician - Laboratory and Field ..................... $ 74.00 Per Hour Soils/Asphalt Technician .................................... $ 74.00 Per Hour Uttrasonic, Dye Penetrant, or Magnetic Particle & Fabrication Inspection......... $ 85.00 Per Hour Pull -Out Test on Embedded Botts/ Anchors and Dowels ...................................... $ 74.00 Per Hour Out of State Fabrication Inspection $ 85.00 Per Hour Concrete, Masonry, Asphalt Coring or Sawing... $ 130.00 Per Hour Floor Flatness / Levelness (Inc. Equipment)..... $ g0.12 Per sq If Emissivity .......................................................... $ 85.00 Per Hour Ground Rod Test ............................................... $ 85.00 Per Hour EQUIPMENT Pick -Up and Delivery - Miscellaneous ................ $ 40.00 Per Hour Skidmore -Wilhelm Bolt Cell ............................... $ 40.00 Per Day Torque Wrench .................................................. $ 15.00 Per Day Air Meter............................................................ $ 20.00 Per Day Pachometer....................................................... $ 50.00 Per Day Schmidt Hammer., ............................................. $ 30.00 Per Day Ultrasonic Equipment ........................................ $ 40.00 Per Day Magnetic Particle Equipment ............................. $ 50.00 Per Day Dye Penetrant Equipment.............................. .... $ 30.00 Per Day ,lacking Assembly .............................................. $ 25.00 Per Day Nuclear Density Gauge ..................................... $ 70.00 Per Day Mobile Soils Laboratory ..................................... $ 40.00 Per Day Coring Equipment .............................................. $ 50.00 Per Day Emissivity Test Kit ............................................. $ 40.00 Each Ground Rod Equipment ..................................... $ 40.00 Per Day TESTING MACHINES Testing Machine with Operator in Laboratory 0 - 60,000 Pound Machine (Universal)........... $ 125.00 Per Hour 800,000 Pound Machine (Universal) .............. $ 200.00 Per Hour CONCRETE STRENGTH CHARACTERISTICS A.S.T.M. 039 Concrete Cylinders (6" x 12") 20.00 Each Weight Concrete .......................$ 40.00 Each C684 W/ Mold ....................................$ C39 20.00 Each C495 Lightweight Fill Concrete (3" x 6").$ 45.00 Each 25.00 Each 039 Concrete or Gunite Cores, C140 Block Compression (CMA Method) ..........................$ 6" Maximum Diameter, < 8., x 8" x 16" ...............................$ 35.00 Each C140 Including Trim ...........................$ 35.00 Each C496 Splitting Tensile ............................$ E447 50.00 Each C78 6" x 6" Beams, Modulus Compression Test 5 8" x 8" x 16"$ 100.00 Each E447 of Rupture ................................$ 35.00 Each 50.00 Each Compression Test> 8" x 8" x 16" Handling Charge, Cylinders 65.00 Each Handling Charge, Grouted Prisms Not Broken/Hold.......................$ Not Broken/Hold.......................$ 10.00 Each Handling Charge, Beams Not Broken/Hold.......................$ 40.00 Each C469 Modulus of Elasticity .....................$ 75.00 Each MIX DESIGN A.S.T.M, 0192 Laboratory Trial Batch with Slump, and 6 Cylinders/Prisms Unit Weight, Air, (Sampling Extra) .......................$ 350.00 Each Mix Design, Determination of Proportions ...............................$ 150.00 Each Review of Existing Mix Design ...... $ 125.00 Each MISCELLANEOUS TESTING C567 Unit Weight of Hardened Light 20.00 Each Weight Concrete .......................$ 40.00 Each C684 Rapid Cure Concrete Cylinders C39 (Boit Method) ............................$ 30.00 Each C157 Drying Shrinkage (3 Bars - Four 45.00 Each Readings, up to 90 Days) .............$ 200.00 Set C495 Lightweight Fill Concrete Density..$ 30.00 Each MASONRY STRENGTH CHARACTERISTICS C780 Mortar Cylinders (2" x 4") w/ mold.$ 20.00 Each C109 Mortar Cubes (2" x 2") w/ mold ..... $ 20.00 Each C39 Grout Prisms (3'x 6'1 w/ mold ...... $ s. 20.00 Each Masonry Efflorescence .................$ Handling Charge, Mortar or 45.00 Each C426 Prisms Not Broken/Hold ...........$ 10.00 Each C140 Block Compression (CMA Method) ..........................$ < 8., x 8" x 16" ...............................$ 35.00 Each C140 Block Compression > 8" x 8'x 16" ...............................$ 45.00 Each E447 Grouted Masonry Prism Bond Strength ..............................$ Compression Test 5 8" x 8" x 16"$ 100.00 Each E447 Grouted Masonry Prism 35.00 Each Compression Test> 8" x 8" x 16" Quotation 65.00 Each Handling Charge, Grouted Prisms Not Broken/Hold.......................$ 75.00 Each BLOCK A.S.T.M C140 Moisture Content and Absorption .$ 45.00 Each C140 Measurements .............................$ 25.00 Each C67 Masonry Efflorescence .................$ 45.00 Each C426 Linear Shrinkage (CMA Method) ..........................$ 95.00 Each Rapid Linear Shrinkage (British Modified Method) .......... $ 75.00 Each C952. Bond Strength ..............................$ 50.00 Each C$9 Masonry Core - Compression ....... $ 35.00 Each Masonry Core - Shear ..................$ 65.00 Each -Thage - o . BRICK A.S.T.M. SOIL AND AGGREGATE C67 Compression ............................... $ 35.00 Each CLASSIFICATION C67 Modulus of Rupture .................... $ 35.00 Each A.S.T.M. C67 Absorption, Soak ........................ $ 25.00 Each C136 Sieve Analysis (> #4 Sieve) ......... $ 40.00 Each C67 Absorption, Boil .......................... $ 25.00 Each C136 Sieve Analysis (<#4 Sieve) .......... $ 40.00 Each C67 Absorption, Saturation Coefficient $ 35.00 Each D422 Sieve Analysis (< #4 Sieve, C67 Initial Rate of Absorption .............. $ 35.00 Each Washed) ................................... $ 50.00 Each C67 Efflorescence .............................. $ 45.00 Each D1140 #200 Wash ................................... $ 30.00 Each C67 Efflorescence with Mortar............ $ 55.00 Each D422 Sieve Analysis - Combined ........... $ 60.00 Each D422 Hydrometer with Sieve STEEL Analysis ....................................$ 125.00 Each REINFORCEMENT D4318 Liquid and Plastic Limit .................$ 90.00 Each A.S.T.M. D2419 A615 No. 11 Bar and Smaller $ 35.00 Each CAL TM 217 Sand Equivalent (Set of Three) ... ,.$ 65.00 Set ................ No. 14, No. 18 ............................. Quotation CAL TM 217 Cleanness Value ...................... ....$ 230.00 Each A615 Bend Test No. t i Bar and PHYSICAL CHARACTERISTICS Smaller .................................... $ 30.00 Each A.S.T.M. Processing Mill Certificates 0127 Specific Gravity and Absorption (Per Size and Heat) ................. $ 20.00 Each (> #4 Sieve) ............................... $ 75.00 Each STRUCTURAL STEEL C128/D854 Specific Gravity and Absorption A.S.T.M. - (< #4 Sleve)...............................$ 65.00 Each A370 Tensile Strength C127 Specific Gravity (> 44 Sieve) .........$ 60.00 Each Up to 100,000 lbs ........................ $ 45.00 Each C128/D854 Specific Gravity (<#4 Sieve) .........$ 50.00 Each 100,000 to 200,000 lbs ................ $ 55.00 Each 02216 Moisture Content ............................ $ 15.00 Each Bend Test $ 35.00 Each D3080 Direct Shear Quick Undisturbed .....$ 100.00 Each .................................... Pipe Flattening Test ..................... $ 30.00 Each Direct Shear Slow Undisturbed......... Quotation Bolt Tensile Test .......................... $ 35.00 Each D3080 Direct Shear Quick Remolded ........$ 160.00 Each Bolt Proof Test :... $ 25.00 Each Direct Shear Slow Remolded............ Quotation .................. ....... Nut Proof Test $ 20.00 Each D2166 Unconfined Compression ...............$ 60.00 Each ............................. Nelson Stud Tensile Test $ 35.00 Each D2435 Consolidation - Time Rate ... ...... .....$ 275.00 Each ............. Machining and Preparation D2435 Consolidation -Without Time Rate.$ 175.00 Each of Samples .........arat.......""' ... $ 35.00 Each UBC 18-2 Expansion Index .............................$ 90.00 Each Brinell & Rockwell Hardness D2434 Permeability - Undisturbed .............$ 270.00 Each Test .........................................$ 35.00 Each D2434 Permeablllty - Remolded ................$ 425.00 Each Processing Mill Certificates SUBGRADE SUPPORT QUALITY (Per Size and Heat) ................. $ 25.00 Each A.S.T.M. D1883 D2844 Bearing Ratio w/o M. D. Curve - Chemical Analysis ....................... $ 75.00 Each Per Point 80.00 Each PRESTRESS 02844 ....................................$ A.S.T.M. A416 Prestress Cable, 7 Wire CAL TM 301 R -Value (3 Points) ..........................$ 190.00 Each A416 (Yield / Tensile) ........................ Prestress Wire (Yield / Tensile).... $ $ 150.00 Each 140.00 Each Lime, Cement or Bituminous Treatment available upon request. Sample Preparation ..................... $ 45.00 Per Hour DENSITY CHARACTERISTICS WELD PROCEDURE AND WELDER QUALIFICATIONS A.S.T.M. D2937 Moisture / Density (Ring) 25.00 Each Welder Certification (AWS).......... $ 75.00 Per Hour D1557-A,B ................$ Maximum Density ...........................$ 150.00 Each STRUCTURAL STEEL COUPON D1557 -C Maximum Density ........................... $ 150.00 Each Weld Tensile Test ........................ Weld Bend Test $ 40.00 Each 30.00 Each D698-A,B Maximum Density ....................... .... $ 150.00 Each ........................... Etch $ 50.00 Each D698 -C Maximum Density ........................... $ 150.00 Each Weld -Macro ......................... $ Check Point (Maximum Density).....$ 70.00 Each Machining and Preparation C29 Unit Weight - Loose ..................... ...$ 35.00 Each of Samples .............................. $ 35.00 Each C29 Unit Weight - Rodded .....................$ 40.00 Each CAL TM 216 Maximum Density ...........................$ 150.00 Each FIREPROOFING CHEMICAL PROPERTIES UBC 7-6 Unit Weight .................................. $ 35.00 Each CAL TMs ASTM -736 Adhesion/Cohesion...................... $ 15.00 Each 532/643 Resistivity ....................................... $ 75.00 Each 532/643 pH ..................................................$ 45.00 Each CAL TM 417 Sulphate .........................................$ 55.00 Each ROOFING CAL TM 422 Chloride ..........................................$ 55.00 Each Unit Weight .................................. $ 55.00 Each Corrosivity Series ........................... $ 165.00 Each UBC 15-5 Tile (Breaking Strength/ Chemical Analysis ..........................$ 75.00 Each Absorption) .............................. $ 60.00 Each Mineral Shake - Flexural .............. $ 35.00 Each Mineral Shake - Absorption.......... $ 25.00 Each AGGREGATE PROPERTIES BASIS OF CHARGES A•S.T.M. 1. A two hour minimum show -up charge will be incurred for 0131 LA Abrasion ................................... C535 LA Abrasion ................................... $ 140.00 Each $ 150.00 Each all scheduled field services not canceled before 4:00 p.m. C88 Soundness .................................... $ 275.00 Each of the preceding day. A minimum four hour charge will be C40 Organic Impurities .......................... $ 40.00 Each incurred for special deputy inspection and field technician 0142 Clay Lumps / Friable Particles....... $ 90.00 Each services. Additional hours, if required, will be billed at the C235 Soft Particles ................................. $ 75.00 Each corresponding hourly rate. C123 Coal & Lignite.., ............................. $ 100.00 Each CRD 119 Percent Elongation / Plats .............. $ 145.00 Each 2An overtime premium of time and one-half will be charged . CAL TM 205 Percent Crushed ............................$ CAL TM 229 Durability ....................................... 100.00 Each $ 150.00 Each for an personnel services in excess of eight hours per Y P P day, up to and including twelve hours per day, and p Saturday. Double time will be charged for over twelve ASPHALT CONCRETE hours in any one day, Sunday and Holidays. Holidays are GENERAL TESTING New Years Day, Memorial Day, July 4'h, Labor Day, A.S.T. M. 02172 Bitumen Content .......................... $ 100,00 Each Veteran's Day, Thanksgiving Day and the Friday after D136, C117 Gradation of Extracted Sample.... $ 50.00 Each Thanksgiving Day, and Christmas Day. High priority 01188 Unit Weight- Molded Specimen laboratory testing at the Client's request which requires or Cores.. ...... .......................... $ 50.00 Each unscheduled overtime is subject to a 50% increase from D2041 Theoretical Maximum Density...... $ 75.00 Each the standard rates. D1561, CAL TM 3134 Compacted Maximum Density- 3. Swing (2n°) and graveyard (3r°) shift will be charged at HVEEM... ................................. $ 120.00 Each regular rates plus 15% and 20% respectively. D1559 Compacted Maximum Density - MARSHALL ............................. $ 130.00 Each 4. Engineering review time of all field reports is estimated to D1664 Stripping ...................................... $ 65.00 Each be 2 hours per week. The charge for weekly report MIX DESIGN/ CONTROL distribution is 1 hour per week. A.S.T.M. D1560 CAL TM 336 Mix Design - HVEEM including 5. There will be no charge for travel time and mile for Aggregate Tests- Per Design..$1,000.00Each deputy inspection or field technician services. D1159 Mix Design - MARSHALL Including Combination of services will be billed at the applicable Aggregate Tests - Per Design.. $1,200.001higher hourly rate for the day. 01560 CAL TM 336 HVEEM & Stability 6. Reimbursable expenses such as parking, car rental, food Per Set of &_ $ 200.00 Set and lodging will be charged at cost plus 10%, unless D1559 Field Mix- MARSHALL -Stability provided. Subsistence on remote jobs by quotation, Per Point .................................. $ 160.00 Each unless provided. MISCELLANEOUS 7. Outside services performed by others and direct costs Specimen Pick -Up expended on the Client's behalf are charged at cost plus Concrete /Mortar / Grout Compression. ....... $ No Charge 10%, unless otherwise,00ted. Flexural Beams ($70.00 MlnimL1 )................ $ 40.00 Hour Masonry Prism up to 8" x 8" x 16" B. Certified Payrolls will be supplied upon request. ($70.00 Minimum) ...................................... $ 35.00 Each Masonry Prism, Larger than 8" x 8' x 16"....... Quotation 9. There- Will --be-a-minimUm-prefast-set-Up--fsa-ef-$2�for Gentle and Shotcrete Test Panels qlataining gpeGifiGaans,Fdistribufi0n ($70.00 Minimum) ...................................... $ 35.00 Each plans, 's Fireproofing Samples ......................... ........... $ 35.00 Per Tri p iaf i i pedermed-en-a FRoRthly-basis:--Padue 0 PeF month 10. Prices for tests not quoted or discounts for volume work will be given upon request. Prices are based on current prevailing wage rates at the date of this submittal. Should there be a mandatory increase in prevailing wage, MTGL's fees will increase equivalent to the volume of change. EXHIBIT "C INSURANCE REQUIREMENTS 11 Page 46 of 56 CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE I her certify that in the performance of the work for which this Agreement is entered into, 1 shall not em any person in any manner so as to become subject to the Workers' Compensation Laws oft ate of California. Executed on this day or'� California. / �/ MTN_ Consultant 2013 at (If you are required by law to provide workers' compensation insurance coverage for your employees, STRIKE -THROUGH and NOTE NOT APPLICABLE (N/A) over the Certificate. See sample below.) CERTIFICATE OF EXEMPTION FROM WORKERS COMPENSATION INSURANCE I hereby certify that in the ance of the work for which this Agreement is entered Into, I shall not employ any person in any manner so as to become ,,M�o^�4he-workers' Compensation Laws of the State of California. Executed on this day of .� IV/ A^t 244Lat California. ' Consultant SB821 FY13-14 17 RFP Construction Geotechnical Page 47 of 56 EXHIBIT "D" ASSIGNMENT AND SUBCONTRACTING Not applicable. No subcontracting as part of this contract. 12 Page 48 of 56 LIST OF SUBCONSULTANTS PROJECT NAME: PROJECT NO: CONSULTANT NAME: Duplicate this form as necessary to report all subconsultant(s) information. Page 49 of 56 Page 50 oi' 56 AGREEMENT PROJECT NO. 4406 CITY OF LAKE ELSINORE SB 821 SIDEWALK PROJECT FY 2013-2014 THIS Contract Agreement, made and entered into as of the date signed by the Mayor, by and between the City of Lake Elsinore, a municipal corporation, County of Riverside, State of California, hereinafter called the "City" and Southwest Construction Company, Inc. hereinafter called the "Contractor." That the City and the Contractor for the consideration hereinafter named, agree as follows: 1. The complete Contract includes all of the Contract documents as if set forth in full herein, to wit, the Contract Agreement, any and all Contract Change Orders issued after the execution of the Contract Agreement, Addenda No(s) _2_ issued prior to the opening of the Bids, the Bound Bid Documents, the Special Provisions (which includes the General Provisions and Technical Provisions), the Project Plans, the Standard Plans, the Standard Specification, reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -Collusion Affidavit, the Faithful Performance Bond, the Labor and Materials Payment Bond and insurance, all of which are essential parts of this Contract and made a part of this Contract Agreement. In the event of any conflict in the provisions thereof, the terms of said Contract documents as set forth above shall control, each over the other, in the order provided. 2. The Contractor shall furnish all matQrials, tools, equipment and labor, except as otherwise provided in the Plans or Special Provisions, and will perform all the work which is necessary to complete in a good, workmanlike and substantial manner the above said project in accordance with the Contract documents for this project, the Contract documents which are hereby specifically referred to and by such reference made a part hereof. 3. The City will pay the Contractor and the Contractor agrees to receive and accept the prices set forth in the Bid Schedule as full compensation for the work required under the bid items awarded by the City, to wit, the Bid Item(s) in the sum total amount of $333,351.00, subject to additions or reductions of the quantities of the various bid items at the unit prices bid, for furnishing all materials and for doing all the work contemplated and embraced under this Contract Agreement; for all loss or damages arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work, until the work is accepted by the City Council; for all expenses incurred by or in consequence of the suspension or discontinuance of work; and for well and faithfully completing the work, the whole thereof, in the manner and in accordance with the Contract documents therefore and the requirements of the Engineer under them. 4. The Contractor hereby agrees to order materials pursuant to this Contract within 7 calendar days after the date of authorization specified in the "Notice to Proceed with Order of Materials." The Contractor hereby agrees to commence work pursuant to this Contract within fourteen (14) calendar days after the date of authorization specified in the Notice to Proceed with Page 51 of 56 Construction. The Contractor agrees to diligently prosecute the contracted work, including corrective items of work, day to day thereafter, to completion, within Fifty (40) working days after said date in the "Notice to Proceed with Construction," except as adjusted by subsequent Contract Change Order(s). 5. The City and Contractor hereby agree that in case all ordering of materials and construction called for under the Contract is not completed within the time hereinabove specified, including City caused delays or extensions, damages will be sustained bythe City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $250.00 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, said amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Contract Agreement within the time hereinabove specified and as adjusted by Contract Change Order(s). The Contractor will not be assessed liquidated damages for delay(s) occasioned by the failure of the City or of the owner of a utility to provide for the removal or relocation of utility facilities. 6. The Contractor shall name as additional insured, the City of Lake Elsinore, and shall furnish the City with a certificate of insurance evidencing liability insurance policy or policies which shall provide coverage for owned and non -owned automobiles; manufacturers and Contractor's liability; broad form property damage in any case where the Contractor has any property belonging to the City in his care, custody or control; owners and Contractor's protective liability; blanket contractual liability; products and completed operations coverage; coverage for collapse, explosion, and where any excavation, digging or trenching is done with power equipment; and shall bear an endorsement containing the following Provisions: Solely as respect to work done by or on behalf of the named insured for the City of Lake Elsinore, it is agreed thdt the City of Lake Elsinore, its officers, employees and agents, are added as additional insured under this policy and the coverage provided hereunder shall be primary insurance and not contributing with any other insurance available to the City of Lake Elsinore, its officers, employees and agents; under any third party liability policy. It is further agreed that the other insurance provision(s) of the policy are amended to conform therewith. The endorsements shall be signed by a person authorized by the insurer to bind coverage on its behalf. Insurance companies providing insurance here under shall be rated (A minus: VII - Admitted) or better in Best's Insurance Rating Guide and shall be legally licensed and qualified to conduct insurance business in the State of California. The terms of the insurance policy or policies issued to provide the below insurance coverage(s) shall not be amended or canceled by the carrier without thirty (30) days prior written notice by certified or registered mail of amendments or cancellation to the City, except that cancellation for non-payment of premium shall require (10) days prior written notice by certified or registered mail. In the eventthe said insurance is canceled, the Contractor shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the amounts established. Page 52 of 56 All liability insurance policies shall bear an endorsement or shall have an attached rider which provides that the City of Lake Elsinore will be notified by certified or registered mail at least 30 days prior to the effective date of cancellation, non -renewal, or material alteration of such policy. All liability insurance shall cover comprehensive general liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits: A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub -contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become Page 53 of 56 Each Person Each Occurrence Aggregate Bodily Injury $500,000.00 $1,000,000.00 $2,000,000.00 Property Damage $1,000,000.00 $2,000,000.00 A combined single limit for Bodily Injury Liability and Property Damage Liability of $2,000,000.00 for each occurrence will be considered equivalent to the above minimum limits for Comprehensive General Liability. Property Damage Insurance shall cover full replacement value for damages to any property caused directly or indirectly by or from acts or activities of the Contractor or its sub -contractors or any person acting for the Contractor or under its control or direction. The Contractor shall procure and maintain, at its sole expense, and throughout the term of this Contract Agreement and any extension thereof, Public Liability and Property Damage Insurance coverage for owned and non -owned automotive equipment operated. Such coverage limits shall not be less than $1,000,000 combined single limit. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration, and defense expenses. The Contractor shall also furnish the City with a certificate evidencing Worker's Compensation Insurance with limits as established by the State of California. The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 7. The Contractor hereby agrees to provide and maintain in effect two (2) good and sufficient Surety Bonds for one hundred percent (100%) each of the contract price. The bonds shall be a "Faithful Performance Bond" which shall guarantee the faithful performance of all work and a "Labor and Materials Payment Bond" which shall secure the payment of the claims of labor, mechanics, or materialmen for all work under the Contract pursuant to Section 3247 of the Civil Code. 8. The Contractor, the Contractor's heirs, executors, administrators, successors, or assigns guarantee that all work performed under this Contract fully meets the requirements thereof as to quality of workmanship and materials furnished. If any defects in materials or workmanship become Page 53 of 56 evident within a period of one year from the date of the acceptance of the work by the City Council, the Contractor shall, at his or her own expense, make any repair(s) or replacement(s) necessary to restore the work to full compliance with the Plans and Specifications. 9. The Contractor and any agents or subcontractors of the Contractor shall pay the prevailing rates of per diem wages established by the California Department of Industrial Relations. The Contractor and any agents or subcontractors of the Contractor shall also adhere to the California Labor Code, Division 2, Part 7, "Public Works and Public Agencies," and the California Administrative Code, Title 8, Group 3, "Payment of Prevailing Wages upon Public Works," all of which are made a part of the Contract documents. 10. The Contractor agrees that he or she and its subcontractors shall maintain and keep books, payrolls, invoices of materials, records on a current basis, and recording all transactions pertaining to this Agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City of Lake Elsinore, the State of California, and the Federal Government and to any authorized representative thereof for purposes of audit and inspection at all reasonable times and places. All such books, payrolls, invoices of materials, and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter period of retention, all books, records, and supporting detail shall be retained for a period of at least three years after expiration of the term of this Agreement. 11. Pursuant to California Public Contract Code Section 22300, the Contractor will be permitted the substitution of securities for any monies withheld by the City of Lake Elsinore to ensure performance under Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City of Lake Elsinore, or with a state or federally chartered bank as the escrow agent, who shall pay such monies to the Contractor. Securities eligible for substitution under this section shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, and standby letters of credit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any dividends or interest thereon. The Contractor shall give the City written notice within thirty (30) days afterthe Contract is awarded that it desires to substitute securities for money that would ordinarily be withheld. If the substituted securities are deposited into an escrow, the escrow shall be governed by a written escrow Contract Agreement in a form which is substantially similar to the Contract Agreement set forth in Section 22300, of the Public Contract Code. 12. The Contractor agrees to indemnify, defend, and save the City of Lake Elsinore, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), its officers, agents, employees, representatives and consultants harmless from any and all liability, claims, damages or injuries to any person, including injury to the Contractor's employees and all claims which arise from or are connected with the negligent performance of or failure to perform the work or other obligations of this Agreement, or are caused or claimed to be caused by the negligent acts of the Contractor its officers, agents, employees, sub -contractors or suppliers, and all expenses of investigating and defending against the same; provided, however, that this indemnification and hold harmless shall not include any claims arising from the sole negligence or willful misconduct of the City of Lake Elsinore, the County of Riverside, the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA), its officers, agents, or employees. 4 Page 54 of 56 The obligation to indemnify, defend and hold harmless set forth herein shall include, without limitation, any and all attorney's fees incurred by the party to be indemnified, defended, or held harmless, whether in a judicial or administrative action or in arbitration, and whether the issue is between the parties or involves one or more third parties. 13. The parties do for themselves, their heirs, executors, administrators, successors and assigns agree to the full performance of all of the provisions herein contained. The Contractor may not, either voluntarily or by action of law, assign any obligation assumed by the Contractor hereunder without prior written consent of the City. In addition to the foregoing award of attorney's fees, the prevailing party shall be entitled to its attorneys' fees incurred in any postjudgment proceedings to enforce any judgments in connection with this Contract Agreement. The Provision is separate and several and shall survive the merge of this Provision into any judgment. 14. By my signature hereunder, as Contractor. I certify that I am aware of the Provisions of Section 3700, of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the Provisions of that code, and I will comply with such Provisions before commencing the performance of the work of this Contract. 15. The effective date of this Contract Agreement shall be the date of the Award of Contract by the City of Lake Elsinore. 16. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. Any questions concerning a Contractor may be referred to the Registrar, Contractors' State License Board, 3132 Bradshaw Road, Sacramento, CA 95826. Mailing address: P.O. Box 26000, Sacramento, CA 95826. 4, 9, (SIGNATURE PAGE FOLLOWS) 5 Page 55 of 56 CITY OF LAKE ELSINORE, Municipal Corporation M Financial Administrative Services Director/ City Manager/Mayor (Select only one please) DATE: INTERNAL USE ONLY ATTEST: City Clerk (only needed if Mayor signs) APPROVED AS TO LEGAL FORM: City Attorney Date RECOMMENDED FOR APPROVAL: Department Head (if contract exceeds $15,000) Date SIGNING INSTRUCTION TO THE CONTRACTOR: (Southwest Construction Co. Inc.) License No./ Classification: 465118 / A B Expiration Date: 11/30/14 Federal I.D. No.: 33-0055480 Contractor: Southwest Construction Co. Inc. Address: 2909 Rainbow Valley Blvd Fallbrook, CA 92028 PRINT NAME: SIGNATURE:_ TITLE: DATE: PRINT NAME: SIGNATURE: TITLE: DATE: Date Date All signatures on the Contract Agreement on behalf of the Contractor must be acknowledged before a notary public. General Partners must sign on behalf of the partnership. In the event that the contracting firm is a corporation, two (2) corporate officer's having authority from the corporation MUST sign (two (2) signatures total). If the corporation has a corporate resolution stating that one person is authorized to sign on behalf of all officers, attach corporate resolution immediately following the notary certificates. Corporate Seal may be affixed hereto. Page 56 of 56 E���City Council DEPARTMENT: CONSENT: APPEAL _ [:��IBUSINESS: AGENDA COVER SHEET MEETING OF �a� lafr3 Redevelopment Agency cc � Other RESOLUTION: = ORDINANCES a PUBLIC HEARING ATTACHMENTS: MjEjAmi SG 14""44 b Report emailed to Clerk we �-J--- a■■aa■■■■■■■■ww w 0 a 4101050a■a0000■■■0■e■00000a0a■e■r w■a■■■■ F F F a a a a a a s a■■ s a a1 FOLLOW UP DIRECTION: a a a a a a a a w a 05 a a a w a a a a a a a a a a a a a a s a a a a a a a a a a a a w w a w a w w a a w F a a a a a a a a a a a a a a it a a a i Submitted by: Date: Approved by: Department Head:f Date: Finance Director: Date: City Manager: Date: CITY OF LADE jOLSINORX --,M DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: AMENDMENT NO.2 TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD CANYON ROAD AT 1-15 IMPROVEMENTS Recommendation 1. Approve the Amendment No. 2 to Agreement No. 10-72-016-00 for the funding of Transportation Uniform Mitigation Fee (TUMF) Regional Arterial Improvements with the Riverside County Transportation Commission (RCTC) for the Railroad Canyon Road at 1-15 Improvements project, and 2. Authorize the honorable Mayor to execute the Amendment Agreement in its final form. Background The Project Study Report examining potential alternatives to improve the Railroad Canyon Road at 1-15 was initiated by the City in 2000. In February 2010, the City entered into Agreement No. 10-72-016-00 with RCTC to provide $1 million of TUMF Regional Arterial program funds for the project's PA&ED phase. Subsequently, in January 2011, the City Council approved a resolution requesting RCTC to administer the PA&ED phase of the Railroad Canyon Road Improvement project which includes the re -alignment of the Railroad Canyon Road interchange, signal relocation and an additional interchange at Franklin Street. In an effort to improve project delivery timeline, in June 2011, the City and RCTC executed Amendment Agreement No. 10-72-016-01, to increase the TUMF Regional Arterial program funds by $206,000 and for RCTC to manage the completion of the PA&ED phase of the project. However, since majority of the technical studies that were performed for the PA&ED phase of the project were dated back to 2010, thirteen out of thirty-three approved AGENDA ITEM NO. 8 Page 1 of 7 Maintenance Agreement November 12, 2013 Page 2 technical reports have to be updated in order to comply with the new FHWA, Caltrans, and resources agency requirements to complete the PA&ED phase of the project. Discussion The recommended action would amend the TUMF agreement with RCTC to increase the TUMF funding by $399,000 and would utilize the unexpended TUMF balance estimated at $211,382 to update the technical studies and complete the PA&ED phase of the project. The additional TUMF funding request will be presented to the WRCOG Finance Committee for approval. The TUMF funds will have to be reprogrammed from a future phase. RCTC and Caltrans project team estimates that this phase can be completed in about 18 months. Upon completion of the PA&ED phase, project team can then proceed with pursuing funding opportunity for Railroad Canyon Road Interchange Improvements which is estimated at $ 43 million. Fiscal lm act The additional fund will be allocated from the TUMF from future phases supported by the Technical Advisory Committee. No additional matching requirement to complete the PA&ED. Prepared by: Jonathan Wu Sw (��. Principal Engineer Ati Eskandari Interim Director of Public Works Approved by: Grant M. Yates City Manager Attached: Amendment Agreement 10-72-010-02 with RCTC Project Delivery Schedule -- Presented on PowerPoint Page 2of7 Agreement No. 10-72-016-02 AMENDMENT NO. 2 TO AGREEMENT FOR THE FUNDING OF TUMF REGIONAL ARTERIAL IMPROVEMENTS WITH THE CITY OF LAKE ELSINORE FOR THE RAILROAD CANYON ROAD AT 1-15 IMPROVEMENTS PARTIES AND DATE This Amendment No. 2 is made and entered into as of this day of 2013, by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("Commission") and CITY OF LAKE ELSINORE ("City"). 2. RECITALS 2.1 The Commission and the City have entered into an agreement entitled "Agreement for the Funding of TUMF Regional Arterial Improvements with the City of Lake Elsinore" dated February 4, 2010 (the "Master Agreement"). The Master Agreement provides the terms and conditions, scope of work, schedule and funding amount for the Project Approval and Environmental Document ("PA&ED") Phase related to the Railroad Canyon Road at the 1-15 Improvements Project (hereinafter the "Project"). The Project is more specifically described in Exhibit "B" of the Master Agreement. 2.2 The Commission and the City have entered into an Amendment No. 1 to the Master Agreement, dated June 6, 2011, ("Amendment No. 1") for the purpose of increasing the Funding Amount and assuming the City's existing professional services agreement with SC Engineering for the PA&ED services for the Project. 2.3 The parties now desire to amend the Master Agreement in order to provide additional TUMF funding for the completion of the PA&ED Phase of the Project. 3. TERMS 3.1 The Funding Amount, as set forth in Section 3.2 of the Master Agreement, as amended by Amendment No. 1, shall be increased from One Million Two Hundred Six Thousand Dollars ($1,206,000) to One Million Six Hundred Five Thousand Dollars ($1,605,000). 1 17336.01200A8381048.2 Page 3 of 7 3.2 The funding allocations identified in Exhibit "A" of the Master Agreement shall be replaced by the funding allocations identified in Exhibit "A" attached to this Amendment and incorporated herein by reference. The Funding Amount shall be utilized as specified in the attached Exhibit "A" and in accordance with the terms of the Master Agreement. 3.3 Except as amended by this Amendment, all provisions of the Master Agreement, as amended by Amendment No. 1, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the parties under this Amendment. [Signatures on following page] 17336.01200\8381048.2 Page 4 of 7 SIGNATURE PAGE TO AGREEMENT NO. 10-72-016-02 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Karen S. Spiegel, Chair APPROVED AS TO FORM: By: Best Best & Krieger LLP Counsel to the Riverside County Transportation Commission 1733 6,0120M3 9104 8.2 3 CITY OF LAKE ELSINORE 0 Robert E. Magee, Mayor APPROVED AS TO FORM: Barbara Liebold City Attorney Page 5 of 7 EXHIBIT "A" FUNDING FUNDING: PHASE TUMF LOCAL TOTAL PA&ED $1,605,000 $0 $1,605,000 TOTAL $1,605,000 N/A $1,605,000 17336.01200\8381048.2 EXHIBIT "A" Page 6 of 7 Page 7 of 7 City Council DEPARTMENT: CONSENT: APPEAL R 71 BUSYNESS: AGENDA COVER SHEET MEETING OF E Y" Redevelopment Agency 0 RESOLUTION: FK1 ORDINANCES F7 ATTACHMENTS: F] Report emailed to Clerk GCS Other PUBLIC HEARING ■raaraaaaaaaaaaaraaaaar■raa■araaraaaaaraaaaaaaaaaaaaaaaaaaaaaaaaaaaaaar a� FOLLOW UP DIRECTION: E a a a a a a/ a a a a a a a a l a a a a a r a a a a a a R r r r a a s a a a a a a a a f a i r 0 r a a a a r a a a a a a a a r a r a a a a l } �j Submitted by: Date: Approved by: Department Head: Date: P — Finance Director: Date: j City Manager: _ Date: CITY OF LAKL E � LSNORE r DREAM ERCTHSME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: VIRGINIA J. BLOOM, CITY CLERK DATE: NOVEMBER 12, 2013 SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2013-1318 Recommendation It is recommended that the City Council waive further reading and adopt by title only ORDINANCE NO. 2013-1318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.40, 15.42, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE, by roll -call vote. niQn, mc%inn The above -referenced Ordinance was introduced at the regular Council meeting of October 22, 2013, relating to the Building, Safety and Fire Code updates. It is now being presented for second reading and adoption by title only. Prepared by: Virginia J. Bloom, City Clerk Approved by: Grant Yates, City Manager Attachment: Ordinance No. 2013-1318 AGENDA ITEM NO. 9 Page 1 of 25 Page 2 of 25 ORDINANCE NO. 2013-1318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTERS 15.02, 15.04, 15.06, 15.20, 15.24, 15.32, 15.38, 15.40, 15.42, 15.48 AND 15.56 TO LAKE ELSINORE MUNICIPAL CODE ADOPTING THE 2013 CALIFORNIA BUILDING STANDARDS CODE THE CITY COUNCIL OF THE CITY OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15.02.010 of Chapter 15.02, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirely as follows: 15.02.010 California Building Standards Code. For the purpose of prescribing regulations for erecting, construction, enlargement, alteration, repair, improving, removal, conversion, demolition, occupancy, equipment use, height, and area of buildings and structures, the 2013 Edition of the California Building Standards Code (California Code of Regulations, Title 24) are hereby adopted subject to the modifications as set forth in Title 15 of the LEMC. The provisions of the California Building Standards Code as amended pursuant to Title 15 of the LEMC and the chapters set forth therein shall constitute the Building Regulations of the City of Lake Elsinore. SECTION 2. Section 15.04.010 of Chapter 15.04, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.04.010 Building Code —Established. Except as provided in this chapter, the California Building Code, 2013 Edition based on the 2012 International Building Code as published by the International Code Council shall be and become the Building Code of the City, regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, use, height, area maintenance of all structures and certain equipment therein. The California Building Code is on file for public examination in the office of the Building Official. SECTION 3. Section 15.04.020 of Chapter 15.04, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.04.020 Local Amendments. The 2013 Edition of the California Building Code is hereby amended as follows: Section 109.2 Fees, is hereby amended to include the following wording as the second and third sentences in the paragraph: Page 3 of 25 Ordinance No. 2013-1318 Page 2 of 23 The fees for Plan Check and Permit shall be as set pursuant to Chapter 3.40 of the Lake Elsinore Municipal Code and as adopted in Ordinance 1087. Said plan check fee shall be 75 percent of the building permit fee as set pursuant to Chapter 3.40 LEMC. Section 113.3 Appeals, is hereby amended as follows: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. Section 114.4 Violation Penalties; is hereby amended as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake Elsinore shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. Section 403 is hereby amended as follows: High-rise buildings having occupied floors located more than 55 feet above the lowest level of Fire Department vehicle access and group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of Fire Department access. Section 403. 1, the first paragraph, is hereby amended as follows: New high-rise buildings having occupied floors located more than 55 feet above the lowest level of fire department vehicle access and new Group 1-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access shall comply with Sections 403.2 through 403.6. Section 403.1.1, definition No. 2 is hereby amended as follows: High-rise structure" means every building of any type of construction or occupancy having floor used for human occupancy located above 55 feet above the lowest floor level having building access (see Section 403.1.2), except Page 4 of 25 Ordinance No. 2013-1318 Page 3 of 23 buildings used as hospitals as defined by the Health and Safety Code Section 1250. Section 403.4.7.2 is hereby amended as follows: The following are classified as standby power loads: 1. Power and lighting for the fire command center required by Section 403.4.5; and 2. Standby power shall be provided for elevators in accordance with Sections 1007.4, 3003, 3007, and 3008. Section 403.4.8.1 is hereby amended as follows: The following are classified as emergency power loads: 1. Exit signs and means of egress illumination required by Chapter 10; 2. Elevator car lighting; 3. Emergency voice/alarm communications systems; 4. Automatic fire detection systems; 5. Fire alarm systems; 6. Electrically powered fire pumps; and 7. Ventilation and automatic fire detection equipment for smoke proof enclosures. Section 910.3.2.2 is hereby amended as follows: Where installed in buildings provided with an approved automatic sprinkler system, smoke and heat vents shall be designed to operate automatically by actuation of a heat -responsive device rated at least 100° F above the operating temperature of the sprinkler, unless otherwise approved. Section 1505.1 is amended by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:_ TABLE 1505.1a MINIMUM ROOF COVERING CLASSIFICATIONS TYPES OF CONSTRUCTION For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 mZ. a. Unless otherwise required in accordance with Chapter 7A. Page 5 of 25 Ordinance No. 2013-1318 Page 4 of 23 Section 1505.1.3 is amended as follows: The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire - retardant roof covering that is at least Class B. Section 1505.5 is amended, by the deletion of the entire section. Section 1505.7 is amended, by the deletion of the entire section. Appendix J is amended by the addition of a new section thereto, as follows Section J110.3 Temporary Erosion Control. A. Separate plans for temporary drainage and erosion control measures to be used during the rainy season shall be submitted prior to October 1. The control devices shown on said plans shall be installed no later than October 15, and maintained in operable condition until April 15. These plans shall provide the following: 1. Temporary soil stabilization measures shall be installed on graded slopes exceeding a three to one ratio and/or ten feet in height. 2. Desilting facility shall be provided at all drainage outlets from the graded site, designed for the twenty-five year, six hour storm intensity. They must be detailed on the plans. Design and specific recommendations shall be submitted for the following: Desilting basin volume based on gradient and nature of soils The extent of all graded areas and identification of any temporary soil stabilization measures Size of desilting basin outlet pipe and over flow Dike requirements. Minimum wall width, slope of walls, percent of compaction, etc. 3. The following notes shall be placed on the plans: In case of emergency, call at (responsible person) (24 hour number) The undersigned civil engineer will supervise erosion control and certify that work is in accordance with the approved plans. (signature, reg. *, expiration date) (name - printed) (dated) Page 6 of 25 Ordinance No. 2013-1318 Page 5 of 23 4. Indicate on the plan, which streets will be paved and which drainage devices will be completed by October 15. 5. Placement of devices to reduce erosion damage within the tract is left to the discretion of the Engineer. These devices, if any, must be shown on the plan because their presence will affect the required capacity of the desilting basin. 6. Outlet conditions from the desilting basin shall not exceed downstream limitations, with the exception of overflow, which is to be designed to provide capacity of 1.5 times the maximum design flow. B. Temporary Erosion Control Measures 1. The permittee shall keep a standby crew for emergency work, available at all times during the rainy season. Necessary materials shall be available onsite and stockpiled at convenient locations to facilitate rapid construction of temporary devices or to repair any damaged erosion control measures when rain is imminent. 2. Devices shall not be moved or modified without the approval of the Building Official or, in an emergency by the person responsible for grading operations. 3. All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty percent. Forecasts shall be received from broadcasts provided by the United States Weather Service. 4. After a rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. Any graded slope surface protection measures damaged during a rainstorm shall also be immediately repaired. Failure to provide effective maintenance may result in penalties as provide per Section 205. 5. Fill slopes at the tract perimeter must drain away from the top of the slope at the conclusion of each working day. 6. At least one guard shall be posted on the site whenever the depth of water in any device exceeds eighteen inches. Additional guards may be required as deemed necessary by the Building Official. 7. After a rainstorm, all silt and debris shall be removed from public drains and pipes, and from drains and pipes of adjacent properties. Page 7 of 25 Ordinance No. 2013-1318 Page 6 of 23 C. Subsequent Rainy Seasons 1. For projects extending into subsequent rainy seasons, for temporary drainage and erosion control plans shall be submitted. These plans shall comply with all requirements in Section J110.3 (A) and (B). D. Pool Barrier Rules Apply to Private Pools The following definition is added to section 3109.4.4.1 1. "Private Pool' is any constructed pool, permanent or portable, and over 18 inches deep which is intended for non- commercial use as swimming pool by not more than three owner families and there guest. 2. The first paragraph of section 3109.4.4.2 is revised to provide: 3109.4.4.2 Construction permit; safety features required. Commencing January 1 1998, except as provided in section 3109.4.4.5 whenever a construction permit is issued for construction of a new private pool at a residence, it shall have an enclosure complying with 3109.4.4.3 and it shall be equipped with at least one of the following features: SECTION 4. Section 15.06.010 of Chapter 15.06, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.06.010 Residential Code -- Established. Except as provided in this chapter, the California Residential Code, 2013 Edition based on the 2012 International Building Code as published by the International Code Conference, shall be and become the Residential Code of the City, regulating and controlling the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one -and -two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress, and structures accessory thereto throughout the State of California. The California Residential Code is on file for public examination in the office of the Building Official. SECTION 5. Section 15.06.020 of Chapter 15.06, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.06.020 Amendments. The 2013 edition of the California Residential Code is hereby amended as follows: Section R108.2 Fees, is hereby amended to include the following wording as the second and third sentences in the paragraph as follows: Page 8 of 25 Ordinance No. 2013-1318 Page 7 of 23 The fees for Plan Check and Permit shall be as set pursuant to Chapter 3.40 of the Lake Elsinore Municipal Code and as adopted in Ordinance 1087. Said plan check fee shall be 75 percent of the building permit fee as set pursuant to Chapter 3.40 LEMC. Section R112.3 Appeals, is hereby amended as follows: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. Section R113.4 Violation Penalties, is hereby amended as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake Elsinore shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. Table R301.2(1) is amended as follows: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUNDEN. IND DESIGN SEISMIC SUBJECT TO DAMAGE FROM INTER ICE BARRIER IR MEAN Frost SNOW speedhic DESIGN line DESIGN UNDERLAYMENT FLOOD FREEZING ANNUAL LOAD m h CATEGORY` eatherin 'De th" Termite TEMP' REQUIRED HAZARDS°INDEX' TEMPI Very See Zero 5 D or E Neli ible 12-24" HeavV 43 No Exhibit B 0 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)l. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. Page 9 of 25 Ordinance No. 2013-1318 Page 8 of 23 d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2( 4)].Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4. e. The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 -percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100 -year return period air freezing index (BF - days) from Figure R403.3(2) or from the 100 -year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 320)" at www.ncdc.noaa.gov/fpsf.htrni. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.html. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. Section R403.1.3 is modified by deleting the exception for masonry stem walls: In Seismic Design Categories Do, Di and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted. MY - ee• - -e Section R405.1 is amended as follows: .....at least one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches of the same material. Section R902.1 is amended by revising it to allow only class A or B roofs as follows: R902.1 Roofing covering materials. Roofs shall be covered with materials as set forth in Sections R904 and R905. A minimum Class A or B roofing shall be Page 10 of 25 Ordinance No. 2013-1318 Page 9 of 23 installed in areas designated by this section. Classes A or B roofing required by this section to be listed shall be tested in accordance with UL 790 or ASTM E 108. Exceptions: 1. Class A roof assemblies include those with coverings of brick, masonry and exposed concrete roof deck. 2. Class A roof assemblies also include ferrous or copper shingles or sheets, metal sheets and shingles, clay or concrete roof tile, or slate installed on noncombustible decks. Section R902.1.3 is amended by revising it to require a minimum Class B roof as follows: R902.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire -retardant roof covering that is at least Class B. Section R902.2, first paragraph is amended by revising it to allow only Class A or B treated wood roofs as follows: R902.2 Fire -retardant -treated shingles and shakes. Fire -retardant -treated wood shakes and shingles are wood shakes and shingles complying with UBC Standard 15-3 or 15-4 which are impregnated by the full -cell vacuum -pressure process with fire -retardant chemicals, and which have been qualified by UBC Standard 15-2 for use on Class A or B roofs. SECTION 6. Section 15.20.010 of Chapter 15.20, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.20.010 Mechanical Code -Established. Except as provided in this chapter, the California Mechanical Code, 2013 Edition, based on the 2012 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials, shall be and become the Mechanical Code of the City, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, and refrigeration systems; incinerators; and other miscellaneous heat - producing appliances within this jurisdiction. The California Mechanical Code is on file for public examination in the office of the Building Official. SECTION 7. Section 15.20.020 of Chapter 15.20, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: Page l l of 25 Ordinance No. 2013-1318 Page 10 of 23 Section 15.20.020 Amendments. The 2013 edition of the California Mechanical Code is hereby amended as follows: Section 110.1 General, is hereby amended as follows: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. Section 115.1 General, is hereby amended as follows: The fees for each Permit shall be as set pursuant to Chapter 3.40 of the Lake Elsinore Municipal Code. Section 115.2 is hereby deleted in its entirety. SECTION 8. Section 15.24.010 of Chapter 15.24, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirely as follows: 15.24.010 Plumbing Code - Established. Except as provided in this chapter, the California Plumbing Code, 2013 Edition, based on the 2012 Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, shall be and become the Plumbing Code of the City, regulating the erection, installation, alteration, repair, relocation, replacement, addition, to, use, or maintenance of plumbing systems within this jurisdiction. The California Plumbing Code will be on file for public examination in the office of the Building Official. SECTION 9. Section 15.24.020 of Chapter 15.24, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirely as follows: 15.24.020 Amendments. The 2013 Edition of the California Plumbing Code is hereby amended as follows: Section 1.11.2.5 Appeals, is hereby amended in its entirety and replaced with the following paragraph: "The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Page 12 of 25 Ordinance No. 2013-1318 Page 11 of 23 Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board". Section 102.3.2, Penalties, is hereby amended by revising the following text to read as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake Elsinore shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. Section 103.4.1, Fees, is hereby amended to read as follows: The fees for each Permit shall be as set pursuant to Chapter 3.40 of the Lake Elsinore Municipal Code. SECTION 10. Section 15.32.010 of Chapter 15.32, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.32.010 Energy Code - Established. Except as provided in this chapter, the California Energy Code 2013 Edition as published by the International Code Council, shall be and become the Energy Code of the City, regulating all buildings in the City with respect to State energy requirements. The California Energy Code will be on file for public examination in the office of the Building Official. SECTION 11. Section 15.38.010 of Chapter 15.38, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.38.010 Electrical Code - Established. Except as provided in this chapter, the California Electrical Code, 2013 Edition, based on the 2011 National Electrical Code as published by the National Fire Protection Association, shall be and become the Electrical Code of the City, regulating all installation, arrangement, alteration, repair, use and other operation of electrical wiring, connections, fixtures and other electrical appliances on premises within the City. The California Electrical Code will be on file for public examination in the office of the Building Official. SECTION 12. Section 15.38.020 of Chapter 15.38, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: Page 13 of 25 Ordinance No. 2013-1318 Page 12 of 23 15.38.020 Amendments. The 2013 Edition of the California Electrical Code is hereby amended as follows: Section 89.108.4.2 Fees, is hereby amended to include the following wording as the second sentence in the paragraph: The fees for each Permit shall be as set pursuant to Chapter 3.40 of the Lake Elsinore Municipal Code. Section 89.108.8.2 Definitions, the definition of Housing Appeals Board and Local Appeals Board shall be amended it its entirety. The following language shall be used for the purposes of defining these terms as hereby amended by the following paragraph: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board". Article 310.2(b) is hereby amended, by the addition of a second paragraph to read as follows: Copper wire shall be used for wiring No. six (6) and smaller in all installations. Consideration for use of aluminum wiring can be made by the Building Official for feeder lines only on an individual basis were adequate safety measures can be ensured. Article 310 is amended, by addition of a new Article 310.106, to read as follows: 310.16 Continuous inspection of aluminum wiring. Aluminum conductors of No. six (6) or smaller used for branch circuits shall require continuous inspection by an independent testing agency approved by the Building Official for proper torquing of connections at their termination point. SECTION 13. Section 15.40.010 of Chapter 15.40, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.40.010 Existing Building Code - Established. Except as provided in this chapter, the 2013 California Existing Building Code Appendix A-1 based on the 2012 International Existing Building Code as published by the International Code Council, shall become the Existing Building Code of the City, for regulating existing buildings in the City. The California Existing Building Code will be on file for public examination in the office of the Building Official. Page 14 of 25 Ordinance No. 2013-1318 Page 13 of 23 SECTION 14. Section 15.42.010 of Chapter 15.42, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.42.010 Green Building Standards Code - Established. Except as provided in this chapter, the California Green Building Standards Code as published by the California Building Standards Commission, shall become the Green Building Standards Code of the City, for planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise in this code, throughout the City of Lake Elsinore, The California Green Building Standards Code will be on file for public examination in the office of the Building Official. SECTION 15. Section 15.42.020 of Chapter 15.42, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: Section 15.42.020 Amendments. The 2013 Edition of the California Green Building Standards Code is hereby amended as follows: Section 5.106.8 Light Pollution Reduction, is amended by adding exceptions #3 and #4 to read as follows: Comply with lighting power requirements in the California Energy Code, CCR, Part 6, and design interior and exterior lighting such that zero direct -beam illumination leaves the building site. Meet or exceed exterior light levels and uniformity ratios for lighting zones 1-4 as defined in Chapter 10 of the California Administrative Code, CCR, Part 1, using the following strategies. 1. Shield all luminaries or provide cutoff luminaries per Section 132 (b) of the California Energy Code. 2. Contain interior lighting within each source. 3. Allow no more than .01 horizontal lumen foot-candles to escape 15 feet beyond the site boundary. 4. Automatically control exterior lighting dusk to dawn to turn off or lower light Levels during incentive periods. Exceptions: i. Part 2, Chapter 12, Section 1205.6 for campus lighting requirements for parking facilities and walkways. ii. Emergency lighting and lighting required for night time security. Page 15 of 25 Ordinance No. 2013-1318 Page 14 of 23 iii. Existing facilities which include athletic playing areas, theatrical facilities, theme parks, theme park resorts and similar facilities which have Zoning designations as such, and which have lighting level criteria established by Ordinance. iv. New athletic playing areas, theatrical facilities, theme parks, theme park resorts and similar facilities which have Zoning designations as such and which have lighting level criteria adopted by ordinance may be designated as LZ4 in Table 10-114-A in the California Administrative Regulations. SECTION 16. Section 15.48.010 of Chapter 15.48, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.48.010 Historical Building Code - Established. Except as provided in this chapter, the California Historical Building Code, 2013 Edition, shall be and become the Historical Building Code of the City, regulating historical buildings The California Historical Building Code is on file for public examination in the office of the Building Official. SECTION 17. Section 15.48.020 of Chapter 15.48, Title 15, of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.48.020 Amendments. The 2013 edition of the California Historical Building Code is hereby amended as follows: Section 8-104 Appeals, is hereby amended as follows: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. SECTION 18. Section 15.56.010 of Chapter 15.56 of Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.56.010 Fire Code - Established. Except as provided in this chapter, the California Fire Code, based on the 2012 International Fire Code as published by the International Code Council, shall become the Fire Code of the City, for regulating new structures, alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the California Building Code and located within the City. The California Fire Code will be on file for public examination in the office of the Building Official. Page 16 of 25 Ordinance No. 2013-1318 Page 15 of 23 SECTION 19. Section 15.56.020 of Chapter 15.56, Title 15 of the City of Lake Elsinore Municipal Code is hereby amended and restated in its entirety as follows: 15.56.020 Amendments. The 2013 edition of the California Mechanical Code is hereby amended as follows: Section 202 of the California Fire Code is amended to add the following definitions: CITY COUNCIL. The City Council of the City of Lake Elsinore. BUILDING OFFICIAL. The Director of the City of Lake Elsinore Department of Building and Safety or the Director's designee(s). CALIFORNIA FIRE CODE. The 2013 Fire Code part of the California Building Standard Code, also known as California Code of Regulations, Title 24, Part 9. CALIFORNIA RESIDENTIAL CODE. California Code of Regulations, Title 24, Part 2.5. FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee. FIRE PROTECTION ENGINEER. A professional engineer with the education and experience to understand the engineering problems related to safeguarding life and property from fire and fire -related hazards, to identify, evaluate, correct or prevent present or potential fire and fire related panic hazards in buildings, groups of buildings, or communities, and to recommend the arrangement and use of fire resistant building materials and fire detection and extinguishing systems, devices, and apparatus in order to protect life and property. HAZARDOUS FIRE AREA. Private or public land not designated as state or local fire hazard severity zone (FHSZ) which is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief. SKY LANTERN. An unmanned device that incorporates an open flame in order to make the device airborne. Section 103.4.2 is added to Section 103.4 of the California Fire Code to read as follows: 103.4.2 Cost Recovery. Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Page 17 of 25 Ordinance No. 2013-1318 Page 16 of 23 Safety Code Sections 13009 and 13009.1, as amended. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as amended. Any expense incurred by the City of Lake Elsinore for securing such emergency shall constitute a debt of such person and shall be collectable by the City of Lake Elsinore in the same manner as in the case of an obligation under contract, express or implied." Section 104.2.1 is added to Section 104.2 of the California Fire Code to read as follows: 104.2.1 Fees. Fees for services and permits shall be as set forth in Chapter 3.40 of the Lake Elsinore Municipal Code. Section 104.3.2 is added to Section 104.3 of the California Fire Code to read as follows: 104.3.2. Authority of the Fire Chief and Fire Department. 1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council. 2. The Fire Chief is authorized to administer, interpret and enforce this ordinance. Under the Fire Chief's direction, the Riverside County Fire Department is authorized to enforce ordinances of the City of Lake Elsinore pertaining to the following: a. The prevention of fires. b. The suppression or extinguishment of dangerous or hazardous fires. C. The storage, use and handling of hazardous materials. d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment. e. The maintenance and regulation of fire escapes. f. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction. g. The maintenance of means of egress. Page 18 of 25 Ordinance No. 2013-1318 Page 17 of 23 h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law: a. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection. b. The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department. C. The Riverside County Sheriff and any deputy sheriff. d. The Police Chief and any Police Officer of any city served by the Riverside County Fire Department. e. Officers of the California Highway Patrol. f. Building Official and Building Official's Public Officers of the City of Lake Elsinore. g. Code Officers of the City of Lake Code Enforcement Department. h. Peace Officers of the California Department of Parks and Recreation. The law enforcement officer of the Federal Bureau of Land Management. Section 104.12 is added to Section 104 of the California Fire Code to read as follows: 104.12 Authority of the Fire Chief. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the City Council within fifteen (15) calendar days of the Fire Chief's original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. Page 19 of 25 Ordinance No. 2013-1318 Page 18 of 23 Section 104.6.5 of the California Fire Code is hereby added to read as follows: Requests for copies of public and legal documents, photographs, etc., relating to department activities are available as authorized by law through the City Clerk All document requests shall be in writing. Section 108.1 Board of Appeals Established, is hereby amended as follows: The Board of Appeals when referenced in any of the Building Standards Codes shall mean the Planning Commission of the City of Lake Elsinore. The Board of Appeals is hereby established for each of the Building Standards Codes. The Fire Code Official shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the Appeals Board. Section 109.4 of the California Fire Code is amended as follows: Any person, firm, or corporation violating any of the provisions or failing to comply with any of the mandatory requirements of the Ordinances of Lake Elsinore shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the Ordinances of Lake Elsinore shall be punished by a fine of not more than one thousand dollars, or by imprisonment not to exceed one hundred eighty days, or both such fine and imprisonment. Such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the Ordinances of Lake Elsinore is committed, continued, or permitted by any such person, and shall be punished accordingly. Section 308.1.6 of the California Fire Code is amended to add the following new section: Section 308.1.6.3 Sky Lanterns. No person shall release or cause to be released an untethered sky lantern. Section 404.2 of the California Fire Code is amended to add the following: 16. Windowless buildings having an occupant load of fifty (50) or more. Section 503 of the California Fire Code is adopted in its entirety with the following amendments: 1. Section 503.2.2 of the California Fire Code is hereby amended to read as follows: 503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads, fire lanes and modify the minimum widths where they are inadequate for fire or rescue operations. Page 20 of 25 Ordinance No. 2013-1318 Page 19 of 23 2. Section 503.3 of the California Fire Code is deleted in its entirety and replaced with the following: 503.3 Marking. Fire apparatus access roads, where required, shall be identified by curbs painted red on both the top and face along the entire length of the fire apparatus access road. Where no curbs exists or a rolled curb is installed, a six (6) inch wide red strip shall be applied the full length of the fire apparatus access road or approved posted signs shall be installed in accordance with the City of Lake Elsinore, Fire Department Standards. Exception: On school grounds this requirement shall be implemented as approved by the fire code official. Section 503.7 is added to Section 503 of the California Fire Code to read as follows: 503.7 Loading areas and passenger drop-off areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road. Section 504.1 of the California Fire Code is amended to add the following language to the end of the first paragraph: Where ground ladder access is the only means to reach the highest point on the building, the finished grade on all exterior sides of buildings shall be flat and free of any obstructions that would interfere with ground ladder placement. This distance from the building to finished grade shall be determined by the Fire Chief. Section 507.5.5 of the California Fire Code is amended to add the following language: 507.5.5 Clear Space Around Hydrants. A 3 -foot (914 mm) clear space shall be maintained around the circumference of fire hydrants, Fire Department connections, exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved. Section 507.5.7 is added to the California Fire Code to read as follows: 507.5.7 Fire hydrant size and outlets. Fire hydrant size and outlets shall be required as determined by the fire code official. 1. Residential Standard—one (1) four (4) inch outlet, and one (1) two and one half (2 '/2) inch outlet. 2. Super Hydrant Standard—one (1) four (4) inch outlet, and two (2) two Page 21 of 25 Ordinance No. 2013-1318 Page 20 of 23 and one half (2'/2) inch outlet. 3. Super Hydrant Enhanced—two (2) four (4) inch outlet, and one (1) two and one half (2'/2) inch outlet. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Std. 06-11. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer, or person responsible for the removal or damage. Section 606.10.1.2 of the California Fire Code is amended to read as follows: 606.10.1.2 Manual operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box or equivalent and marked as Emergency Controls. Section 609.2 of the California Fire Code is hereby amended to add the following: Exception: Fire Stations where the use of the commercial appliance is by station personnel and not for the intention of a commercial cooking facility as defined by the California Mechanical Code. Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following: 903.2 Where required. In all new buildings and structures which are 5,000 square feet or greater an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where the California Fire Code is requiring more restrictive requirements in Sections 903.2.1, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.4, 903.2.5, 903.2.5.2, 903.2.6, 903.2.7, 903.2.8, 903.2.9, 903.2.10, 903.2.11.6, 903.2.16, 903.2.18, the more restrictive requirement shall take precedence. The following exceptions in the California Fire Code shall not be allowed: a. Exception in Section 903.2.3 b. Exception in Section 903.2.6.2 C. Exception in Section 903.2.8 d. Exception in Section 903.2.11 e. Exception in Section 903.2.11.3 f. Exception in Section 903.2.17.1 Page 22 of 25 Ordinance No. 2013-1318 Page 21 of 23 One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations. Section 903.3.5.3 of the California Fire Code is amended as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity. Section 904.3.5 of the California Fire Code is amended as follows: Section 904.3.5 Monitoring. Where a building fire alarm system or sprinkler monitoring is installed, automatic fire -extinguishing systems shall be monitored by the building fire alarm or sprinkler monitoring system in accordance with NFPA 72. Section 904.3.5 Exception 1 of the California Fire Code is added as follows: 904.3.5 Exception: Where an existing sprinkler monitoring panel is in operable condition, but not capable of the additional zone, the fire code official may waive this requirement. Chapter 11: Adopt only those Sections and Subsections listed below: 1103.7 1103.7.3 1103.7.3.1 1103.7.8 — 1103.7.8.2 1103.7.9 — 1103.7.9.10 1103.8 — 1103.8.5.3 1106 Section is added to Section 3204.2 of the California Fire Code to read as follows: 3204.2.1 Minimum requirements for client leased or occupant owned warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information Page 23 of 25 Ordinance No. 2013-1318 Page 22 of 23 related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets. If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review. Section is added to Section 4904 of the California Fire Code to read as follows: 4904.3 High Fire Hazard Severity Zone Maps. In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated April 8, 2010 and retained on file at the office of the Fire Chief and supersedes other maps previously adopted by Riverside County designating high fire hazard areas. Chapter 80 shall include all fire department standards developed or approved by the fire code official of the City of Lake Elsinore APPENDICES TO CALIFORNIA FIRE CODE. The appendices to the California Fire Code are adopted in their entirety except as to the following: A. Appendix A. B. Appendix B. Exception 1 of Section B105.2 is amended to read as follows: Exception 1: A reduction in required fire -flow of up to 50 percent, as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. The resulting fire -flow shall not be less than 1,500 gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1. C. Appendix C. Section C102.1 Fire hydrant locations is amended to read as follows: Fire hydrants shall be provided at street intersections and along required fire apparatus access roads and adjacent public streets. D. Appendix D. Appendix D shall not be adopted. Page 24 of 25 Ordinance No. 2013-1318 Page 23 of 23 E. Appendix I. Appendix I shall not be adopted F. Appendix J. Appendix J shall not be adopted. G. Appendix K. Appendix K shall not be adopted. SECTION 20. The City Council of the City of Lake Elsinore hereby expressly finds that amendments to the building regulations of the City of Lake Elsinore adopted by this ordinance are necessary for the protection of the public health, safety and welfare, due to local climatic, geologic or topographical condition(s), each of which is specifically addressed in the attached Resolution of Findings. SECTION 21. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 22. This Ordinance shall take effect on the later of: (i) thirty (30) days after the date of its final passage, or (ii) January 1, 2014. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office of the City Clerk five days prior to the date of adoption of this Ordinance; and, within fifteen days after adoption, the City Clerk shall cause to be published, and aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk. PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 22nd day of October, 2013, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 12 day of November, 2013. Robert E. Magee, Mayor ATTEST: Virginia J. Bloom, City Clerk APPROVED AS TO FORM: Barbara Z. Leibold, City Attorney Page 25 of 25 (7 /b AGENDA COVER SHEET Al MEETING OF IZ, 1 / City Council Redevelopment Agency Other DEPARTMENT: CONSENT: APPEAL BUSINESS: �� e S C 7;-�G- / RESOLUTION: F-1 ORDINANCES E:] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk a a s a a a a w a a a a a w a w w w a a a w w w a w a a a a a a a w w a a a a w w a a a a a a a w a a a a a a a w w a w w a a a It a a a a a a w FOLLOW UP DIRECTION: a00a9aaa■■aawaawwa9awaawa6a6aaaaaaawaaaaawwaaaawaaawaaaaawaawaawaaaaaw0aI Submitted by: Date: Approved by: Department Head: Date.- Finance ate: Finance Director: Date: City Manager: Date: 1 �/b CITYOF LADE LSMORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: 2014-2015 CDBG ALLOCATION Recommendations 1. Adopt the Community Development Block Grant (CDBG) Program for Fiscal Year 2014-2015. 2. Approve submittal of the City's program to the County of Riverside Background Each year the City of Lake Elsinore receives an allocation of Community Development Block Grant (CDBG) funds. These allocations are based on population and are designed for assistance to low and moderate income residents and areas. On July 12, 2011 the City Council entered into a Joint -Recipient Cooperation Agreement (Metropolitan Cities Agreement) with the County of Riverside. Participation in the Joint -Recipient Cooperation Agreement allows the City of Lake Elsinore to receive the portion of funds allocated by HUD, minus a twelve percent (12%) administration fee by the County of Riverside. In other words, the EDA conducts the same tasks as when Lake Elsinore was a Cooperating City, except now we have Entitlement Status and receive our full allocation to be spent in the City of Lake Elsinore. The 2014-2015 Fiscal Year is the final year covered by the existing Metropolitan Cities Agreement; although the Agreement will be automatically renewed for the next three-year period, unless the County or the City provides written notice to the other Party that it elects not to participate in the next three-year program. To qualify for funding, eligible projects must largely benefit low and moderate income persons, prevent or eliminate slums and blight, or meet a need having a particular urgency. EDA has stated that in order to ensure "effective, efficient, and appropriate allocation and use of CDBG funds"; the County may reject any proposed CDBG activity AGENDA ITEM NO. 10 Page I of 9 2014-2015 CDBG Allocation November 12, 2013 Page 2 of 5 in an amount less than $5,000. The only exceptions to this policy include: traditionally county -wide activities (city/county, multiple city, etc.) or a project or activity serving a very remote location. On October 2, 2013, staff held a "mandatory" public meeting at the Senior Center for prospective organizations requesting CDBG funds. Notice of the public meeting was e- mailed to previously funded organizations and other interested persons on September 18, 2013 (with a reminder on October 2, 2013), and was published in the Press - Enterprise on September 23, 2013. It should be noted that only organizations represented by persons attending the public meeting were the Assistance League of Temecula Valley, H.O.P.E, Studio 395, Boys and Girls Club, Cops for Kids, and the Elsinore Valley Municipal Water District. Discussion For the Fiscal Year 2014-2015 funding program, the City hopes to receive approximately $385,000 as identified by HUD by their 2014-2015 Entitlement Status estimate. Based on the allocation of $385,000 and CDBG requirements, twelve percent (12%) or $46,200 would be required by the County of Riverside for administrative costs. Additionally, the City would be able to earmark a maximum of eight percent (8%) or $30,800 towards CDBG program administration costs and fifteen percent (15%) or approximately $57,750 towards public service programs. However, in order to maximize the amount of CDBG funds available for the City projects, Staff is proposing to use only $10,000 of the CDBG funds for administrative costs. This will allow a balance of $271,050 for funding of Sidewalk Improvements at Various Locations and Code Enforcement Division's Nuisance Abatement program. It should be noted that the $385,000 identified by HUD is an estimate and the actual amount of CDBG funds received by the City could fluctuate depending on how the United States Congress approves the national budget As of the filing deadline of October 28, 2013, the City received five (5) outside public service agency applications for a total requested allotment of $106,000. The agencies requesting funds are as follows 1. Helping Our People in Elsinore, Inc. (H.O.P.E) ($50,000). Located in Lake Elsinore, the organization is requesting funds for its Pantry Program that distributes a balanced menu of groceries to low income families and seniors in Lake Elsinore and the surrounding communities. 2. Assistance League of Temecula Valley ($25,000). The agency is located in Temecula and the organization's Operation School Bell provides clothing and shoes to disadvantaged children in the Murrieta, Lake Elsinore, Menifee and Temecula School Districts. Page 2 of 9 2014-2015 CDBG Allocation November 12, 2013 Page 3 of 5 3. Boys and Girls Club of Southwest Riverside County ($10,000). Located in Lake Elsinore, the organization is requesting funds to support the Before/After School Academic Enrichment and Transportation Program provided at the Boys and Girls Club's Alberhill Ranch Clubhouse located at 3711 Nichols Road in the City of Lake Elsinore. 4. Studio 395 ($11,000). Studio 395 proposes to provide a Business of Arts Education Program that will educate/enhance new and existing home/family- based businesses. The goal of the program is to increase the opportunities for low to moderate income families that have a handcrafted product to reach the appropriate market. 5. Cops for Kids, Inc. ($10,000). This organization is located in Lake Elsinore is requesting funds for its Student Attendance Emergency Assistance where Cops for Kids funds emergency housing (one to three days) for parents and their children, assists with emergency food and clothing when absolutely necessary and with a select number of RTA bus passes for students to get to high school. Funding recommendations for the above requests are reflected in the "Public Service Programs" table below. City department/projects requesting funds are: 1. Sidewalk Improvements — Various Locations ($171,050). The project consists of construction of sidewalks to provide connectivity and achieve walkability on Lindsay St. from Heald Ave to Sumner Ave, Silver St. from Heald Ave to Sumner Ave; and Campus Way from Heald Ave to Sumner Ave. The selected areas are within walking distance of Elsinore Elementary and Elsinore Middle Schools and the downtown district. 2. Nuisance Abatement ($100,000). CDBG funds will supplement costs to continue program of identifying Code Violations throughout the City and working with owners to bring their properties into compliance (Community Development Department). Furthermore, CDBG funds will also be applied toward a portion of the personnel costs associated with the program. A breakdown of CDBG funding requests and proposed allocations for all three (3) categories (public facilities, code enforcement, and public service programs) are reflected in the following tables. Page 3 ol'9 2014-2015 CDBG Allocation November 12, 2013 Page 4 of 5 PUBLIC FACILITY PROJECT Facility/Type Requested 2014-2015 Proposed Amount Allocation Sidewalk Improvements — Various Locations $171,050 $171,050 Subtotal $171,050 $171,050 CODE ENFORCEMENT Program Requested 2014-2015 Proposed Amount Allocation Code Enforcement - Nuisance Abatement $100,000 $100,000 Subtotal $100,000 $100,000 CITY OF LAKE ELSINORE ADMINISTRATION COSTS Facility/Type Requested 2014-2015 Proposed Amount Allocation CDBG Program Administration Costs $10,000 $10,000 Subtotal $10,000 $10,000 PUBLIC SERVICE PROGRAMS Agency Requested Amount 2014-2015 Proposed Allocation Helping Our People in Elsinore, Inc. H.O.P.E $50,000 $27,500 Assistance League of Temecula Valley $25,000 $12,500 Boys and Girls Club of Southwest Riverside Count $10,000 $7,500 Studio 395 $11,000 $5,000 Cops for Kids, Inc. $10,000 $5,250 Subtotal $106,000 $57,750 GRAND TOTAL: $338,800 It should be noted that the grand total of $338,800 does not include the required twelve - percent (or $46,200) that the County of Riverside is requiring for administrative costs as outlined in the City Council approved Joint -Recipient Cooperation Agreement. Couple Page 4 of 9 2014-2015 CDBG Allocation November 12, 2013 Page 5 of 5 the grand total of $338,800 identified above and the $46,200 County administration cost, the overall total will be the $385,000 as identified at the beginning of this report. Fiscal Im act As indicated above, the City of Lake Elsinore's CDBG allocation is anticipated to be $385,000 for the 2014-2015 Fiscal Year. These funds will be available July 1, 2014. Staff recommends that any additional public facility funds available be allocated to the Sidewalk Improvements — Various Locations program. There is no fiscal impact to the general fund resulting from the allocation of CDBG funds. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager y Reviewed by: Grant Taylor,XI-1 Director of Community Development Approved by: Grant Yates City Manager Attachments: 1. Summary Matrix of Public Service Requests with Past Awards 2. Map of Proposed Locations of Proposed Sidewalk Improvements Page 5 of 9 Page 6 of 9 8 N IIS $ E ; w N N _ =w <o ` c E E 3 - m o z � Z � Z n o � E N a z z I I 8 8 N IIS $ — a N _ =w <o a z z $ i � N _ IN z � Z � Z n a z z N a z z I I 8 oe v \ o O a c E C I o n a v E a o m Et E 8 =s a, Page 7 of 9 Page 8 oi' 9 Page 9 of 9 O cu m U O J tf7 n Q O = 0- C%4 N >, C) N O U LL E U U' J 0 > a) U fl E w 00- no 0 d 3 a� cn Page 9 of 9 Community Development Block Grant (CDBG) 2014-2015 Program Year Past Grants Recommended 2013-2014 2012-2013 2011-2012 2010-2011 2009-2010 2008-2009 2007-2008 2006-2007 2005-2006 2004-2005 Amount Total = Use of CDBG Funds Allocation Allocation Allocation Allocation Allocation Allocation Allocation Allocation Allocation Allocation Applicant Requested Amount $57,750 Helping Our People in $50,000 Elsinore, Inc. (HOPE) Assistance League $25,000 (Operation School Bell) Pantry Program that distributes a balanced menu of $27,500 groceries to low income families and seniors in Lake Elsinore and the surrounding communities. Purchase of new clothing for disadvantaged (low-income) $12,500 school children (K-12, ages 5-17) within Lake Elsinore Unified School District (USD), Menifee Union School District, Murrieta Valley USD and Temecula USD. $28,500 $29,990 $17,483 $17,483 $17,483 $18,606 $15,000 $12,455 $6,000 $6,000 $13,300 $5,000 $0 $0 $0 $0 $0 $4,982 $4,000 $5,000 Studio 395 proposes to provide a Business of Arts Education Program that will educate/enhance new and Studio 395 $11,000 $5,000 existing home/family-based businesses. The goal of the $4,750 N/A N/A N/A N/A N/A N/A N/A N/A N/A program is to increase the opportunities for low to moderate income families that have a handcrafted product to reach the appropriate market. Emergency housing (1 to 3 days) for parents and their Cops for Kids $10,000 $5,250 children, assists with emergency food and clothing when $4,750 N/A N/A N/A N/A N/A N/A N/A N/A N/A absolutely necessary and with a select number of RTA bus passes for students to get to high school. Requested funds to support the Before/After School Academic Enrichment and Transportation Program Boys &Girls Club $10,000 $7,500 provided at the Boys and Girls Club's Alberhill Ranch $0 $16,660 $12,661 $12,661 $12,661 $13,605 $10,000 $6,228 $0 $0 (The Learning Connection) Clubhouse located at 3711 Nichols Road in the City of Lake Elsinore. TOTALS $106,000 $57,750 $51,300 $51,650 $30,144 $30,144 $30,144 $32,211 $25,000 $23,665 $10,000 $11,000 CITY Olt LA_ ISE DLSIf10RE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES, CITY MANAGER DATE: NOVEMBER 12, 2013 SUBJECT: DISCUSSION REGARDING FIRE STATION 60 Recommendation Provide direction to the City Manager to: 1. Calculate direct and indirect costs, including overhead, on a sliding scale based on the time and resources committed to fire service calls in the City of Canyon Lake 2. Invoice the City of Canyon Lake for fire service calls on a monthly basis Background On Tuesday, November 5, the City of Canyon Lake's fire protection tax, Measure D, was defeated. With its defeat, Fire Station 60 is projected to close as of December 5, 2013. This date is based on a letter written by the City of Canyon Lake to Cal Fire in August 2013 requesting that staffing be suspended at Fire Station 60 within 120 days. With the closure or a reduction in service at Fire Station 60, the City of Canyon Lake will not have the resources available to provide mutual aid to other surrounding communities, which in effect removes them from the regional fire protection system. In the City of Lake Elsinore, public safety is the number one priority. Many residents pay up to $450 a year to have the highest levels of service possible. Therefore, it is essential that residents are not subsidizing services for another community and that they continue to receive the highest levels of service. The City of Lake Elsinore can use standard fire service cost recovery methodology, specifically Assistance by Hire (ABH), to bill the City of Canyon Lake for all direct and indirect costs for fire services. This is a standard practice in the industry and staff recommends this approach if Station 60 closes or if there is a reduction in services provided by the station. AGENDA ITEM NO. 11 Page 1 ol'2 Canyon Lake Fire Station 60 November 12, 2013 Page 2 of 2 Discussion Based on the actions by the City of Canyon Lake, staff recommends that the City of Lake Elsinore invoices the City of Canyon Lake for each fire and/or emergency services call based upon ABH. With the possible elimination of staffing or reduction of service at Fire Station 60 on December 5, the City of Lake Elsinore has the authority under ABH and support from the Riverside County Fire Department to invoice Canyon Lake for services rendered. The City of Lake Elsinore will create monthly invoices in coordination with the Riverside County Fire Department, who will generate a monthly list of actual calls for service in the City of Canyon Lake using their Computer Aided Dispatch System. City staff will then utilize this list to determine all direct and indirect costs based on the resources allocated and the type of incident to create monthly invoices for the services rendered in the City of Canyon Lake. Fiscal Impact Staff recommends a sliding scale be applied based on the calls for service generated. For example, a simple medical aid call will be billed differently than a structure fire call, which would require more resources. In addition to the direct costs for personnel, there are many indirect costs that are related to the total cost of service. Some of these indirect costs include dispatch, equipment, supplies, medic support, hazardous material incident management, fleet support, communication and IT support, and Battalion Chief oversight. In addition, there are also indirect costs related to operating a fire station such as utilities, facility support costs, maintenance, and administrative overhead. Based on the information above, the estimated hourly cost for one hour of service will be approximately $1,000. This cost will increase based on the complexity and number of resources allocated to each call for service. Prepared by: Nicole Dailey Management Analyst Approved by: Grant Yates City Manager 0111 Page 2 of 2 AGENDA COVER SHEET MEETING OF I { 112-- F-1 1Z City Council 10 Redevelopment Agency Other DEPARTMENT: CONSENT: I 1 G APPEAL BUSINESS: F7 RESOLUTION: ORDINANCES F—] PUBLIC HEARING ATTACHMENTS: Report emailed to Clerk r w 0 a a r■■ a a 0 E a■■■ 0 0.0■•■■ a■■ a a a 0 a a a 0 a a■■■■ z a a 0 0 0 0■0■0■ a■■ x 0 a 1 FOLLOW UP DIRECTION: C%-1,�- -�r 0 a 0 0 0 0 0 0 0 0 0 Y % a 0 ...... •■ a a. a 0 a■. 0. 0. 0 0 0 0 a a 0 0 0 a 0 0. 0 0 0 0 0. 0 0 0 r 0 s 0 0 0 0 0 0 a 0 .. O F Submitted by:Dater :J Approved by: DeP artment Head: Date: VU Finance Director: Date: City Manager: Date: �' CITY OF r LA ILE LSI C E 5V DREAM EXTREME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: VIRGINIA J. BLOOM AGENCY CLERK DATE: NOVEMBER 12, 2013 SUBJECT: APPROVAL OF MINUTES Discussion It is recommended that the Successor Agency approve Minutes as submitted. nicr,icrtinn The following minutes are submitted for approval: a. Regular Successor Agency meeting of October 22, 2013 Prepared by: Diana Gutierrez Deputy Agency Clerk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director AGENDA ITEM NO. SA1 Page 1 of 5 Page 2 of 5 MINUTES SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 22, 2013 CALL TO ORDER 5:00 P.M. Chairman Magee called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: Chairman Magee Vice -Chair Johnson Agency Member Hickman Agency Member Manos Agency Member Tisdale Also present: Agency Counsel Leibold, Executive Director Yates, and Agency Clerk Bloom. 4 PUBLIC COMMENT None SUCCESSOR AGENCY CLOSED SESSION (SA1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code Section 54956.8) Property: APN #373-210-030, 371-100-014, 371-100-015, 371-100-004 Agency negotiator: Executive Director Yates and Agency Counsel Leibold Negotiating parties: Successor Agency and Civic Partners Elsinore LLC Under negotiation: Price and terms of payment Agency Counsel Leibold announced that the Successor Agency would be meeting in Closed Session to discuss Agenda Item No. (SA1). The Successor Agency recessed to Closed Session at 5:01 p.m. CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Chairman Magee reconvened the meeting at 8:17 p.m. Page 3 of 5 Successor Agency Minutes Regular Meeting of October 22, 2013 Page 2 of 3 ROLL CALL PRESENT: Chairman Magee Vice -Chair Johnson Agency Member Hickman Agency Member Manos Agency Member Tisdale Also present: Executive Director Yates, Agency Council Leibold, Agency Clerk Bloom, Administrative Services Director Riley, Community Development Director Taylor, Lake, Parks, and Recreation Director Kilroy, Interim Public Works Director Eskandari, Police Chief Kennedy -Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez. CLOSED SESSION REPORT Agency Counsel Leibold announced that the Successor Agency met in Closed Session to discuss Agenda Item No. (SA1) and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS – NON-AGENDIZED ITEMS – 1 MINUTE CONSENT CALENDAR (SA2) Approval of Minutes Recommendation: It is recommended that the Successor Agency approve the Minutes of the Special Study Session and Regular Successor Agency Meetings of October 8, 2013. (SA3) Investment Report for the month of September Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the report. Motion by Agency Member Hickman, seconded by Agency Member Manos, to approve the Consent Calendar, passed by unanimous vote. PUBLIC HEARING(S) None Page 4 of 5 Successor Agency Minutes Regular Meeting of October 22, 2013 Page 3 of 3 APPEAL(S) None BUSINESS ITEM(S) (SA4) Long Range Property Management Plan Recommendation: It is recommended that the Successor Agency adopt Resolution SA 2013-05, A Resolution of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Approving A Long Range Property Management Plan for Successor Agency Properties. Agency Counsel Leibold provided an overview of the report to the Agency. She explained the process of adopting a Long Range Property Management Plan that addresses the proposed disposition of real properties owned by the former Redevelopment Agency and now owned by the Successor Agency. Motion by Agency Member Manos, seconded by Agency Member Tisdale, to adopt Resolution SA 2013-05, a Resolution of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore Approving a Long Range Property Management Plan for Successor Agency Properties, passed by unanimous vote. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES None EXECUTIVE DIRECTOR COMMENTS None LEGAL COUNSEL COMMENTS None AGENCY MEMBER COMMENTS None ADJOURNMENT Chairman Magee adjourned this meeting at 8:20 p.m, to the next regularly scheduled meeting to be held on Tuesday, November 12, 2013, at the Elsinore Valley Municipal Water District (EVMWD) Boardroom located at 31315 Chaney Street, Lake Elsinore, California. Robert E. Magee, Chairman Virginia J. Bloom, Agency Clerk Page 5 of 5 J[�- 2 --- AGENDA COVER SHEET MEETING OF t , City Council Redevelopment Agency F-1 Other DEPARTMENT: CAM n Lt CONSENT: APPEAL BUSINESS: RESOLUTION: F-1 ORDINANCES F—] PUBLIC HEARING r ATTACHMENTS: Report emailed to Clerk .. 0 ............... 0 a 0 0 0■■ 0 0■.■. 0 a a. a. 0 a■.■ a a a a■. 0 FOLLOW UP DIRECTION: 6a.a0.0..aaa69a8.a00.a2.a0aaa■a0a5a5a6aAzM00a00a0Ea...a.a■a.■00a0.00a...I 1 r 1 Submitted by: ,�, Date: i_ i � L - L Approved by: Department Head: Finance Director: City Manager: Date: Date: Date: 1��� CITY OFt LADE LS I I` ORT �Tw DREAM EXTREME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: NOVEMBER 12, 2013 SUBJECT: WARRANT LIST DATED OCTOBER 31, 2013 Recommendation It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated October 31, 2013 Discussion The warrant list is a listing of all general checks issued by the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore since the prior Warrant List. Prepared By: Frances Ramirez Account Specialist II Reviewed By: James R. Riley Director of Admin rative Services Approved By: Grant Yates City Manager Attachments: Warrant List 10-31-2013 AGENDA ITEM NO. SA2 Page 1 of 3 OCTOBER 31, 2013 WARRANT' SUMMARY SUCCESSOR AGENCY OF THE : EID EV EILC> f M ENT AGiENCY OF ']FiHI E CITY OF ILA IK E ]E,LSJI1' OR E F'UNID# FUND it)FSCR9PTION '101 AL 510 SUCCESSOR TO RDA AREA 1 $ 2,286.97 520 SUCCESSOR TO RDA AREA 2 2,804.11 530 SUCCESSOR TO RDA AREA 3 2,804,12 540 SUCCESSOR STADIUM CAPITAL 47,500 00 GRAND TOTAL $ 55,395.20 11/6/2013 Warrant 10 31 13 1 of 1 Page 2 of 3 OCTOBER 3,t, 2013 1NA;ItRAN'T SUCCESSOR AGENCY OF Tl I� RIEDEVIE L,OP �[]E]'j1'lf AGENCY OF THE C]I"7 Y OF ]LAKE 1E]LSINOR E FUND# F'UN'D DESCRIPTION TOTAL 510 SUCCESSOR TO RDA AREA 1 $ 2,286.97 520 SUCCESSOR TO RDA AREA 2 2,804 11 530 SUCCESSOR TO RDA AREA 3 2,804.12 540 SUCCESSOR STADIUM CAPITAL 47 500.00 GRAND TOTAL _ $ 55,395.20 11/6/2013 Warrant 10 31 13 1 of 1 Page 3 of 3 601 South Figueroa Street 213-489-2075 Suite 4500 Fax 213-489-2085 Los Angeles, CA w .pfm.com 90017 == The PFM Group Public Financial Management, Inc. PFM Asset Management, LLC PFM Advisors October 15, 2013 Memorandum To: James Riley, CPA, Director of Administrative Services Allen Baldwin, City Treasurer GO ofLake EItTnore From: Sarah Meacham, Director Sam Dreyfuss, Analyst PFMAsset Manage�nernt LLC Re: Review of Investment Policy We have completed our annual review of the City's Investment Policy (the "Policy"). The City's Policy is comprehensive and remains in compliance with all applicable California Government Code (the "Code") statutes regulating the investment of public funds. However, we have some recommendations to improve the clarity and consistency of the Policy, and to better align the Policy with the Code. Section 1—Introduction The Policy currently states that the document's purpose is to outline policies and procedures that enhance opportunities for a prudent and systematic investment policy. The Policy provides guidance for the prudent management of the City's investment program; we changed "systematic investment policy" to "systematic investment program." Section 4—Prudence The Policy references the correct standard of prudence, the Prudent Investor Standard, but the description of the standard needed to be updated. We have replaced the language in the Policy with the language now used in California Government Code. Section 13—Authorized Financial Dealers and Institutions The National Association of Dealers has been replaced by the Financial Industry Regulatory Authority. We updated the Policy to reflect this change. Proof of Nationat-A--eaoeiation--of Security --Dealers Financial Industry Regulatory Authority (NASD FINRA) certification (not applicable to Certificate of Deposit counter parties) Section 14—Authorized Investments The Policy currently references reverse repurchase agreements, but they are not listed as an authorized investment within the Policy so we removed the reference. Attachment 1 October 15, 2013 Page 2 Commercial Paper The Policy limits investment with the commercial paper sector to no more than 15% of the City's portfolio, but the City is permitted to invest: an additional 10% of its portfolio in eligible commercial paper provided the dollar -weighted average of the investments does not exceed 31 days. This language is a version of what used to be in the Code. California Government Code now allows 25% of commercial paper in portfolios with a maximum maturity of 270 days. We revised the Policy to reflect this change to the Code. G) The City may invest no more than 45%25% of its portfolio in eligible commercial paper with a maximum maturity of 270 days. The duty may invest anadditional 10°,i>--of its -portfolio in-- eligible -commerciai--- paper- -provided the -dollar -weighted average of -the -aggregate -investment in commercial -paper -does not exceed 31 days. 259la-of -its--pori€olio n- eligible-eommereial--paper, and the City may purchase no more than 10% of the outstanding commercial paper of any single issuer. Negotiable Certificates of Deposit We added the word "federally" in the Authorized Investments section of the Policy for negotiable CDs. Senate Bill 194, which tools effect January 1, 2012, amended California Government Code �53601(i) to permit public agencies to purchase negotiable CDs issued by "a federally licensed branch of a foreign batik." This revision was viewed as a correction of an oversight (omission of authorization to invest in negotiable certificates of deposit issued by federally licensed banks) when the California legislature authorized certificates of deposit issued by state -licensed banks. California Government Code �53601(i) has allowed local governments to invest in negotiable CDs issued by a nationally or state -chartered bank, a savings association or a federal association, a state or federal credit union, or by a state -licensed branch of a foreign bank. Glossary To improve the clarity of the Policy, we removed all definitions in the Glossary for words that are not mentioned in the Policy because the Glossary is meant to be a tool to help the reader understand the Policy. Please let us know if you have any questions about our recommendations. Attachment 1 November 2013 CITY OF LAKE ELSINORE INVESTMENT POLICY 1) INTRODUCTION The purpose of this document is to set out the policies and procedures that enhance opportunities for a prudent and systematic investment program and to organize and formalize investment -related activities. The investment policies and practices of the City of Lake Elsinore (the "City") are, in every case, subject to and limited by applicable provisions of state law and to prudent money management principles. All funds will be invested in accordance with the City's Investment Policy, and applicable provisions of Chapter 4 of Part 1 of Division 2 of Title 5 of the California Government Code (Section 53600 et seq.). 2) SCOPE The investment policy applies to all financial assets, except bond proceeds and retirement funds, accounted for in the City of Lake Elsinore Comprehensive Annual Financial Report (CAFR) and any new fund created by the City Council, unless specifically exempted. The investment of bond proceeds will be governed by the provisions of relevant bond documents. 3) OBJECTIVES The primary objectives, in priority order, of the City's investment activities shall be: A) Safety of Principal Safety of principal is the foremost objective of the City. Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The City shall seek to preserve principal by mitigating two types of risk: credit risk and interest rate risk. Credit Risk: The City will minimize credit risk, which is the risk of loss due to the failure of the security issuer or backer, by: Attachment 2 CITY OF LAKE ELSINORE INVESTMENT POLICY • Limiting investments to the types of securities listed in the Authorized Investments section of this Investment Policy. • Diversifying the investment portfolio so that the impact of potential losses from any one type of security or from any one individual issuer will be minimized. 2. Interest Rate Risk: The City will minimize interest rate risk, which is the risk that the market value of securities in the portfolio will fall due to changes in market interest rates, by: • Structuring the investment portfolio with marketable securities so that securities can be liquidated to meet cash flow needs or structuring the portfolio to mature to meet cash requirements for ongoing operations. B) Liquidity Historical cash flow trends are compared to current cash flow requirements on an ongoing basis in an effort to ensure that the City's investment portfolio will remain sufficiently liquid to enable the City to meet all reasonably anticipated operating requirements. C) Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. 4)PRUDENCE In managing its investment program, the City will observe the "Prudent Investor" standard as stated in Government Code Section 53600.3, applied in the context of managing an overall portfolio. Investments will be made with care, skill, prudence and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the City, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the City. Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law This standard of prudence shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. 2 CITY OF LAKE ELSINORE INVESTMENT POLICY 5) PERFORMANCE EVALUATION Investment performance is to be continually monitored and evaluated by the Director of Administrative Services. The City's primary portfolio performance will be measured against a total return index with securities with similar attributes and similar average maturity, e.g., the Merrill Lynch 1-5 Year U.S. Treasury Index. 6) DELEGATION OF AUTHORITY In accordance with the City Council Policy of the City of Lake Elsinore and under authority granted by the City Council, the City Treasurer's function and responsibility for investing the unexpended cash in the City Treasury has been designated to the City Manager. The responsibility for conducting the City's investment program has been delegated to the Director of Administrative Services, who shall establish written procedures for the operation of the investment program consistent with this investment policy. Such procedures shall include explicit delegation of authority to persons responsible for all investment activities. No person may engage in an investment transaction except as provided under the terms of the policy and the procedures established by the Director of Administrative Services. Portfolio management and transactions may be delegated to an independent investment advisor registered with the SEC. 7) INVESTMENT PROCEDURES The Director of Administrative Services shall establish written investment procedures and a system of controls to regulate the operation of the investment program and the activities of subordinate officials consistent with this policy. The procedures should include reference to: safekeeping, repurchase agreements, wire transfer agreements, banking service contracts and collateral/depository agreements. Such procedures shall include explicit delegation of authority to persons responsible for investment transactions. No person may engage in an investment transaction except as provided under the terms of the policy and the procedures established by the Director of Administrative Services. t CITY OF LAKE ELSINORE INVESTMENT POLICY 8) ETHICS AND CONFLICTS OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper executions of the investment program, or impairs their ability to make impartial investment decisions. Additionally, the City Officials are required to annually file applicable financial disclosures as required by the Fair Political Practices Commission (FPPC). 9) SAFEKEEPING AND CUSTODY To protect against fraud or embezzlement of losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank / trust department. All security transactions entered into by the City of Lake Elsinore shall be conducted on delivery -versus -payment (DVP) basis. All securities purchased or acquired shall be delivered to the City of Lake Elsinore by book entry, physical delivery, or by third part custodial agreement as required by CGC 53601. Securities held custody of the City shall be independently audited on an annual basis to verify investment holdings. All exceptions to this safekeeping policy must be approved by the City Manager in written form and included in monthly reporting to the City Council. 10) DIVERSIFICATION The City of Lake Elsinore will diversify its investments by security type and institution. It is the policy of the City of Lake Elsinore to diversify its investment portfolio. Assets shall be diversified to eliminate the risk of loss resulting from over concentration of assets in a specific maturity, a specific issuer, or a specific class of securities. Diversification strategies shall be determined and revised periodically. In establishing specific diversification strategies, the following general policies and constraints shall apply: (a) Maturities selected shall provide for stability of income and liquidity. (b) Disbursement and payroll dates shall be covered through maturity investments and marketable securities. 11) INTERNAL CONTROL The investment portfolio and all related transactions are reviewed and balanced to appropriate general ledger accounts by the Finance Staff on a monthly basis. IS CITY OF LAKE ELSINORE INVESTMENT POLICY An independent analysis by an external auditor shall be conducted annually to review internal control, account activity, and compliance with policies and procedures and reported to City Council. 12) REPORTING Each month the Director of Administrative Services shall submit to City Council, the City Manager, and the City Treasurer a monthly report of investment transactions. The report shall also include a detailed security report. If all funds are placed in LAIF, FDIC - insured accounts, and/or in a county investment pool, the foregoing report elements may be replaced by copies of the latest statements from such institutions. The Director of Administrative Services shall maintain a complete and timely record of all investment transactions. Additionally, every quarter the Director of Administrative Services shall render to the City Manager, City Council and the City Treasurer a quarterly investment report, which shall include, at a minimum, the following information for each individual investment: • Type of investment instrument (i.e., Treasury Bill, medium term note); • Issuer name (i.e., General Electric Credit Corporation); • Purchase date (trade and settlement date); • Maturity date; • Par value; • Purchase price; • Current market value and the source of the valuation; Overall portfolio yield based on cost. The quarterly report also shall (a) state compliance of the portfolio to the statement of investment policy, or manner in which the portfolio is not in compliance; (b) include a description of any of the City's funds, investments, or programs that are under the management of contracted parties, including lending programs; and (c) include a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. 5 CITY OF LAKE ELSINORE INVESTMENT POLICY 13) AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS The Director of Administrative Services will maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness with at least five years of operation. The Director of Administrative Services will review the financial condition and registrations of qualified bidders annually. All financial institutions and broker/dealers who desire to become qualified for investment transactions must supply the following as appropriate: • Audited financial statements demonstrating compliance with state and federal capital adequacy guidelines to be submitted annually • Proof of Financial Industry Regulatory Authority (FINRA) certification (not applicable to Certificate of Deposit counterparties) Proof of state registration • Complete broker/dealer questionnaire (not applicable to Certificate of Deposit counterparties) • Certification of having read and understood and agreeing to comply with the City's Investment Policy prior to commencing trading • Evidence of adequate insurance coverage An annual review of the financial condition and registrations of qualified bidders will be conducted by the Director of Administrative Services. The City may also use broker/dealers approved and evaluated by an SEC registered investment advisor acting in a fiduciary capacity for the City. The City is required to obtain at least 3 competing bids from different broker/dealers for every purchase or sale of a security. 14) AUTHORIZED INVESTMENTS Investment of City funds is governed by the California Government Code sections 53601 et seq. Unless otherwise specified in this section, no investment shall be made in any security, other than a security underlying a repurchase agreement as authorized by this section, that at the time of the investment has a term remaining to maturity in excess of five years. The Director of Administrative Services, or designee, is authorized to purchase the following investment instruments: A. U.S. Treasury, notes, bonds, bills, or other certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for the payment of principal and interest. A CITY OF LAKE ELSINORE INVESTMENT POLICY B. Federal agency or United States government-sponsored enterprise obligations, participation, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises including debt guaranteed under the FDIC's Temporary Liquidity Guarantee Program, which is backed by the full faith and credit of the U.S. Government. No more than 40% of the City's portfolio may be invested in any one federal agency. C. Obligations of the State of California or any local agency within the state, including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state or any local agency or by a department, board, agency or authority of the state or any local agency, provided that such obligations are rated in one of the top three rating categories by a NRSRO and are general obligation bonds or essential service bonds secured with revenue from a water, sewer, power, or electric system. D. Registered treasury notes or bonds of any of the other 49 United States in addition to California, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 United States, in addition to California, provided that such obligations are rated in one of the top three rating categories by a NRSRO and are general obligation bonds or essential service bonds secured with revenue from a water, sewer, power, or electric system. E. Repurchase Agreements. Repurchase agreements are to be used solely as short-term investments not to exceed 30 days. The City may enter into repurchase agreements with primary government securities dealers rated "A" or better by two nationally recognized rating services. Counterparties should also have (i) a short-term credit rating in the highest category by a nationally recognized statistical rating organization (NRSRO); (ii) minimum assets and capital size of $25 billion in assets and $350 million in capital; (iii) five years of acceptable audited financial results; and (iv) a strong reputation among market participants. The following collateral restrictions will be observed: Only U.S. Treasury securities or Federal Agency securities will be acceptable collateral. All securities underlying repurchase agreements must be delivered to the City's custodian bank versus payment or be handled under a properly executed tri -party repurchase agreement. The total market value of all collateral for each repurchase agreement must equal or exceed 102% of the total dollar value of the money invested by the City for the term of the investment. For any repurchase agreement with a term of more than one day, the value of the underlying securities must be reviewed on an on- going basis according ''Fire details of the FDIC guarantee are Provided in the FDIC's regulations, 12 CFR Part 370, and at the FDIC's website http://www. fd ic. gov/regv tat ions/resources/TLC P. 7 CITY OF LAKE ELSINORE INVESTMENT POLICY to market conditions. Market value must also be calculated each time there is a substitution of collateral. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to repurchase agreement. The City shall have properly executed a Master Repurchase Agreement with each counter party with which it enters into repurchase agreements. F. Bills of exchange or time drafts drawn on and accepted by a commercial bank and brokered to investors in the secondary market, otherwise known as bankers' acceptances. Purchases of bankers' acceptances may not exceed 180 days' maturity, or 40% of the City's surplus money that may be invested. However, no more than 30% of the City's surplus funds may be invested in the bankers' acceptances of any one commercial bank. Eligible bankers' acceptances are restricted to issuing financial institutions with short-term paper rated in the highest category by one NRSRO. G. Commercial paper of "prime" quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2) below: 1. The entity meets the following criteria: (A) is organized and operating in the United States as a general corporation. (B) has total assets in excess of five hundred million dollars ($500,000,000). (C) Has debt other than commercial paper, if any, that is rated "A" or higher by a NRSRO. 2. The entity meets the following criteria: (a) is organized within the United States as a special purpose corporation, trust, or limited liability company. (b) Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. (c) Has commercial paper that is rated "A-1" or higher, or the equivalent, by a NRSRO. A CITY OF LAKE ELSINORE INVESTMENT POLICY Notwithstanding anything herein to the contrary the City may invest no more than 25% of its portfolio in eligible commercial paper, and the City may purchase no more than 10% of the outstanding commercial paper of any single issuer. H. Medium term notes with a maximum remaining maturity of five years or less issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States. Notes eligible for investment under this subsection must be rated in one of the top three rating categories by a NRSRO and shall not be on credit watch for a potential downgrade by a NRSRO. Purchases of medium term notes may not exceed 30% of the City's portfolio. I. FDIC -insured or fully collateralized time certificates of deposit in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. Any amounts invested in excess of the FDIC insured deposit limit must be collateralized in accordance with California Government Code Section 53561. J. Negotiable certificates of deposit issued by a nationally or state -chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a federally- or state -licensed branch of a foreign bank. Securities eligible for investment under this subdivision shall be rated with the highest letter and number rating by a NRSRO for short-term ratings and in the second highest category for longer-term ratings. Purchases of negotiable certificates of deposit may not exceed 30% of the City's portfolio. K. State of California's Local Agency Investment Fund (LAIF). Investment in LAIF may not exceed $50 million. 1. The LAIF portfolio should be reviewed periodically. L. California Asset Management Program (CAMP). M. Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1, et seq.). The purchase price of shares shall not exceed 20 percent of the investment portfolio of the City. To be eligible for investment pursuant to this subdivision these companies shall either: 1. Attain the highest ranking letter or numerical rating provided by not N CITY OF LAKE ELSINORE INVESTMENT POLICY less than two of the three largest NRSRO or 2. Have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. N. Insured savings account or money market account. To be eligible to receive local agency deposits, a financial institution must have received a minimum overall satisfactory rating for meeting the credit needs of California Communities in its most recent evaluation. Credit criteria and sectors and issuers percentages for investments listed in this section will be determined at the time the security is purchased. A decline in the overall investment balances that causes the percent to any investment above its maximum policy limit will not be considered out of compliance. The City may from time to time be invested in a security whose rating is downgraded. In the event a rating drops below the minimum allowed rating category for that given investment type, the Director of Administrative Services shall notify the City Manager, the City Treasurer, and City Council and recommend a plan of action. Notwithstanding anything herein to the contrary, with the exception of the U.S. Treasury, federal agency institutions, and government sponsored enterprises no more than 5% of the City's portfolio may be invested in securities issued by any one corporate, financial, or municipal issuer. 15) PROHIBITED INVESTMENTS Any security type or structure not specifically approved by this policy is hereby specifically prohibited. Security types which are thereby prohibited include, but are not limited to, inverse floaters, derivatives, range notes, interest only strips that are derived from a pool of mortgages, or in any investment that could result in zero interest accrual if held to maturity. 16) LEGISLATIVE CHANGES Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations will be deemed to be incorporated into the City of Lake Elsinore's investment policy and will supersede any and all applicable language. 10 CITY OF LAKE ELSINORE INVESTMENT POLICY 17) INTEREST EARNINGS All moneys earned and collected from investments authorized in this policy shall be allocated quarterly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio. 18) POLICY REVIEW The City of Lake Elsinore's investment policy shall be adopted by the City Council on an annual basis. This investment policy shall be reviewed at least annually to insure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Any amendments to the policy shall be forwarded to the City Council for approval. 11 CITY OF LAKE ELSINORE INVESTMENT POLICY Bankers Acceptance: A draft or bill or exchange accepted by a bank or trust company. The accepting institution, as well as the issuer, guarantees payment of the bill. Bond Proceeds: The money paid to the issuer by the purchaser or underwriter of a new issue of municipal securities. These monies are used to finance the project or purpose for which the securities were issued and to pay certain costs of issuance as may be provided in the bond contract. Broker: Someone who brings buyers and sellers together and is compensated for his/her service. Certificate of Deposit (CD): A time deposit with a specific maturity evidenced by a certificate. Large- denomination CD's are typically negotiable. Collateralization: Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Commercial Paper: An unsecured short-term promissory note issued by corporations, with maturities ranging from 2 to 270 days. Comprehensive Annual Financial Report (CAFR): The official annual report for the City of Lake Elsinore. It includes five combine statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to demonstrate compliance with finance -related legal and contractual provisions, extensive Glossary 12 introductory material, and a detailed Statistical Section. Dealer: Someone who acts as a principal in all transactions, including buying and selling from his/her own account. Delivery versus Payment: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Derivative: Securities that are based on, or derived from, some underlying asset, reference date, or index. Diversification: Dividing investment funds among a variety of securities offering independent returns. Federal Deposit Insurance Corporation (FDIC): Insurance provided to customers of a subscribing bank that guarantees deposits to a set limit (currently $250,000) per account. Federal Funds Rate: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Interest Rate: The annual yield earned on an investment, expressed as a percentage. Issuer: Any corporation, government unit or financial institution which borrows money through the sale of securities. CITY OF LAKE ELSINORE INVESTMENT POLICY Liquidity: Refers to the ability to rapidly convert an investment into cash. Local Agency Investment Fund (LAIF): A special fund in the State Treasury which local agencies may use to deposit funds for investment. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit to the LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one per cent of the earnings. Local Government Investment Pool (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. Market Risk: Defined as market value fluctuations due to overall changes in the general level of interest rates. Adverse fluctuation possibilities shall be mitigated by limiting the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, and eliminating the need to sell securities for the sole purpose of short- term speculation mitigates market risk. Market Value: The price at which a security is trading and could presumably be purchased or sold. Maturity: The date the principal or stated value of an investment becomes due and payable. Medium -Term Notes: Instruments issued by corporations organized and operating within the United States or by depository institutions licensed by the United States 13 or any state and operating within the United States. Member: Refers to a governmental entity which is a signatory to the Joint Powers Agreement establishing the California Joint Powers Insurance Authority. Money Market: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. Negotiable: Term used to designate a security, the title to which is transferable by delivery. i Portfolio: Collection of securities held by an investor. Principal: Describes the original cost of a security. It represents the amount of capital or money which the investor pays for the investment. Purchase Date: The date in which a security is purchased for settlement on that or a later date. Rate of Return: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. Repurchase Agreement (Repo): Contractual arrangements between a financial institution or dealer and an investor. The investor puts up their funds for a certain number of days at a stated yield. In return, they take title to a given block of securities as collateral. At maturity, the securities are repurchased and the funds are repaid with interest. Safekeeping: A service to customers CITY OF LAKE ELSINORE INVESTMENT POLICY rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. Secondary Market: A market made for the purchase and sale of outstanding issues following the initial distribution. Treasury Bills: United States Treasury Bills which are short term, direct obligations of the United States Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only, T-bills are sold on a discount basis. Treasury Notes: Medium-term coupon - bearing U.S. Treasury securities issued as direct obligations of the U.S. Government and having initial maturities from two to ten years. United States Government Agencies: Instruments issued by various United States Government Agencies most of which are secured only by the credit worthiness of the particular agency. Yield: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 14 CITY OF LAKE ELSINORE INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES OBJECTIVES OF INTERNAL CONTROL Internal control is the plan of organization and all the related systems established by the management's objective of ensuring, as far as practicable: The orderly and efficient conduct of its business, including adherence to management policies. • The safeguarding of assets. • The prevention or detection of errors and fraud. • The accuracy and completeness of the accounting records. • The timely preparation of reliable financial information. LIMITATIONS OF INTERNAL CONTROL No internal control system, however elaborate, can by itself guarantee the achievement of management's objectives. Internal control can provide only reasonable assurance that the objectives are met, because of its inherent limitations, including: Management's usual requirement that a control be cost-effective. • The direction of most controls at recurring, rather than unusual, types of transactions. • Human error due to misunderstanding, carelessness, fatigue, or distraction. Potential for collusion that circumvents controls dependent on the segregation of functions. • Potential for a person responsible for exercising control abusing that responsibility; a responsible staff member could be in a position to override controls which management has set up. 15 CITY OF LAKE ELSINORE INVESTMENT PROCEDURES INTERNAL CONTROL - GUIDELINES (Continued) ELEMENTS OF INTERNAL CONTROL Elements of a system of internal control are the means by which an organization can satisfy the objectives of internal control. These elements are: 1. ORGANIZATION Specific responsibility for the performance of duties should be assigned and lines of authority and reporting clearly identified and understood. 2. PERSONNEL Personnel should have capabilities commensurate with their responsibilities. Personnel selection and training policies together with the quality and quantity of supervision are thus important. 3. SEGREGATION OF FUNCTIONS Segregation of incompatible functions reduces the risk that a person is in a position both to perpetrate and conceal errors or fraud in the normal course of duty. If two parts of a transaction are handled by different people, collusion is necessary to conceal errors or fraud. In particular, the functions that should be considered when evaluating segregation of functions are authorization, execution, recording, custody of assets, and performing reconciliations. 4. AUTHORIZATION All transactions should be authorized by an appropriate responsible individual. The responsibilities and limits of authorization should be clearly delineated. The individual or group authorizing a specific transaction or granting general authority for transactions should be in a position commensurate with the nature and significance of the transactions. Delegation of authority to authorize transactions should be handled very carefully. 5. CONTROLS OVER AN ACCOUNTING SYSTEM Controls over an accounting system include the procedures, both manual and computerized, carried out independently to ascertain that transactions are complete, valid, authorized, and properly recorded. 16 CITY OF LAKE ELSINORE CASH CONTROLS PROCEDURES PERFORMED BY EXTERNAL AUDITORS WITH RESPECT TO CASH RECEIPTS A. City procedures and controls are reviewed. Some of the system strengths are: 1. Receipts are controlled upon receipt by proper registration devices. 2. Receipts are reconciled on a daily basis. 3. Amounts are deposited intact. 4. Bank reconciliations are reviewed. 5. Prompt posting of cash receipt entries in books. 6. Proper approval required for write-offs of customer accounts. 7. Checks are restrictively endorsed upon receipt or when run through cash register. 8. Adequate physical security over cash. 19 Individuals that handle cash do not post to customer account records or process billing statements. 10. Adequate supervision of Finance Department operations. B. Significant revenues are confirmed directly with payer and compared with City books to make sure amounts are recorded properly. C. Cash balances are substantiated by confirming all account balances recorded in books. Bank reconciliations are reviewed for propriety and recalculated by the auditor. All significant reconciling items on bank reconciliations are verified as valid reconciling items by proving to subsequent bank statements. 17 CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS Function Responsibility Formal Investment Policy should be: Prepared By: Approved By: Develop Investment Strategy Investment Strategy should be approved by 4. Execution of investment transactions 5. Timely recording of investment transactions: Recording of investment transactions in the City's records Recording of investment transactions in the accounting records 6. Verification of investment, i.e., match broker confirma- tion to City's records Safeguarding of Assets and Records: Reconciliation of City's records to the accounting records Reconciliation of City's records to bank statements and safekeeping records 1H Director of Administrative Services City Council Registered Investment Advisor Director of Administrative Services Registered Investment Advisor Finance Manager or Senior Accountant (but reviewed by Director) Finance Manager or Senior Accountant (but reviewed by Director) Account Specialist Director of Administrative Services Finance Manager or Senior Accountant Finance Manager or Senior Accountant (but reviewed by Director) CITY OF LAKE ELSINORE SEGREGATION OF RESPONSIBILITIES OF THE TREASURY FUNCTIONS (Continued) Function 8. Safeguarding of Assets and Records (continued): Annual review of (a) financial institution's financial condition, (b) safety, liquidity, and potential yields of investment instruments. 9. No less than an annual review of investment portfolio as prepared by Director of Administrative Services 19 Responsibility Director of Administrative Services Independent Auditors Present this flyer to receive a free ticket to win a tree worth $1,000 s Presented by: The Original Christmas Tree Lane Committee & Friends A $ 1 ticket for an opportunity to win you a beautiful holiday tree with $ 1,000.00 in gifts. Over a dozen trees to win! wu Outlets OPEN ALL 10 DAYS Friday, Nov. 29th to Sunday, Dec. 8th - 9:00 am -8:00 p.m. Room 6160 At the Lake Elsinore Outlet Proceeds from this event to benefit: The Boys & Girls Clubs of Southwest County, Student of the Month Schol- arships, Boy Scouts, Wildomar Rotary Club student training program and other local youth charities Winners picked at 4:00 p.m. Sunday, December 8h. You do not have to be present to win! - M1 DWS & GMLS CLITAS OF SOUTHWE£T COUN-Y Exhibicibn de Arboles de Navidad Originales del 2013 Pi eser ado per: El Comite de Exhibici6a de Arboles de Navidad Originates y sus Amigos Presenta este foliate y recibe on boleto gratuito para participar an la rifa de un arbol con valor de $1,000 Compre un boleto de $ 1 para tener la oportunidad de ganar no maravilloso kbol de Navidad Ilene de regales con on valor de $ 1,000.00. iTenemos mus de una docena de arboles para rifar! I.k�dJw� Ou"'flets ABRIMOS DURANTE LOS 10 DIAS Viernes 29 de noviembre al domingo 8 de diciembre 9:00 a.m.— 8:00 p.m. Cuarto G 160 EI iiinero recaudado durante el evento se utilizara en beneficio de: Los Boys & Girls Clubs of Southwest County, las Betas del Estudiante del Mes, los Boy Scouts, el programa de entrenamiento para estudiantes del Wildomar Rotary Club y otras instituciones locales en beneficio de los j6venes La rifa comienza a las 4.00p.m. del domingo 8 de diciembre, iNo as necesario ester presente para ganar! / psll�/ BOYS & GIRLS CWBS OF SOUTHWEST COUNTY /. O(�»r & 4..o N. STUDIO 395, Lal<e Elsinore's Artist Cooperative Artfully EnticesYou to Join us for an Amazing Aftemoon Created for a Special Audience... YOU! u:;t f/ccs ,rclEur� Experience breathtaking vistas of Lake Elsinore from the terraced gardens and historic home of renowned Lake Elsinore artist, Robin Golden. Your experience continues as we have assembled an extraordinary group of artisans who have created a collection of unique fine art, jewelry, ceramics, wood crafts and holiday ornaments which will be available for individual purchase or bid for in our Silent Auction. Add to this, the delicious sounds of live musical entertainment provided by our surprise special guest.. Finally, wrapped around the afternoon will be a sumptuous palette of delectable dishes and of course, thirst quenching libations. Your ART -A -TINT Admission Includes Food, Two Beverages & Our Utmost Appreciation for Your Support Of The STUDIO 395 Foundation Community Arts Organization In Lake Elsinore! Purchase Tickets Day Of The Event At The Door: $25 per person or $40 per couple 17271 Lakeview Avenue, Lake Elsinore 92530-301 I or Anytime Securely On -Line At: www.studio395.org For More Information Cormet: Grace S, ndhre 951-506-3606 • Grace@studio395.org THE "ORIGINAL CHRISTMAS TREE LANE TREE'S" at the Lake Elsinore Outlet You have been selected with members of the media and other dignitaries to judge approximately 12 trees on display. Please complete your ballot with your results of each tree and submit it to Glenn or Betty Copple. If Betty or Glenn are not present, then give them a call on their Cell phones 951 217 0621. or 217 6291 The Tree with the highest total scores from all of the ballots will win the "Take A Bow" award. We thank you for your cooperation and hope that you enjoy this year's "Original Christmas Tree Lane". The trees will be located in room G160 in the middle of the Lake Elsinore Outlet. You may judge them any time from Nov 29`h to Dee.51' . The room will be open starting at 9:00 AM to 8:00 PM each day during all 1.0 days. The criteria for you to use in judging the trees are the following. Please use a scale of 1 to 10, with 10 being the best. Please score each category on each tree. To aid you with this judging assignment, we suggest you look over all the trees first before you enter your scores on the ballot. Then start over and score each tree with this ballot. We can total your score of each tree We wish to thank you for you taking the time out of your busy schedule to participate in this event. Please see Glenn or Betty Copple after completing the ballot, for your free tickets, which is our way of thanking you for your time. We hope you enjoyed this exercise. The OCTL committee. I# I ORIGINALITY I CREATIVITY I DESIRABILITY I TOTAL I 0 0 0 M M M 1E Ci1'1 O L EL.S III I E DKLAM EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) k Name: Please Print Organization Represented: Address Phone ► I wish to address Agenda Item No. 1 1 / . (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date Signature' The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Y n., f � s Name: i Please Print Organization Represented: ► 1 wish to address Agenda Item No. ?�:fi (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY O% �. LA S 2 LS 1110 E lJ DR -FAM t-XTREME REQUEST TO ADDRESS THE CITY COUNCIL (please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: Address Phoner ► I wish to address Agenda Item No. — (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) f Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY N Name: MrAM. EXTRE REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Organization Represented: U (oA; Address i?� /0 int Z r "7 66 Phone ► I wish to address Agenda Item No. 1 . (Comments limited to 3 minutes) jar f l ,:,rte ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF DFUAM FXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: I," It AA —'Z!J u Please Print Organization Represented: 4V Al C 0 Address / /11 / /1 s Syr✓� �' L`'. �� �' ��', �� Phone ► I wish to address Agenda Item No. — (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) 1'2 111 Date Sig ature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY 0L L.K.xr. REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) C Name: Please Print organization Represented: D Address Phone ► I wish to address Agenda Item No. — (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) %_Z> Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OF� -. LAKE`_ 17 . DRL•"AM FXTRE da TM REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please -Print Organization Represented: Address Phone ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date U Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY QF L A KJE �2 LS11J RE DREAM FXTREMi rM Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Cleric prior to meeting) Address ► I wish to address Agenda Item No Y Please Print Phone (Comments limited to 3 minutes) ► I wish to comment on the following non -ate gendized"item at the beginning of the meeting: (Comments limited to 1 minute) (Comments limited to 3 minutes) Date 'Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items' and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated!