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HomeMy WebLinkAboutCity Council Regular Agenda Packet 10-28-2014iI ry c>I -tea I?!U;'i v. it ✓rIU*1r City of Lake Elsinore Regular Agenda City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITYMANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, October 28, 2014 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM Cultural Center 183 N. Main St., Lake Elsinore PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main 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. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. 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 City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.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 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 Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 1012312014 City Council CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION Regular Agenda October 28, 2014 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Property: APNs 371-040-019, 371-030-041; 371-030-038 City Negotiators: City Manager Yates and City Attorney Leibold Negotiating parties: City of Lake Elsinore and E3 Advisors Under negotiation: Price and terms of payment PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS Western Riverside Council of Governments Update by Rick Bishop, Executive Director Business of the Quarter - Thermal Electronics, Inc. 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 or City Clerk 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.) 1) ID# 14-320 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: CC Minute Report 10-28-2014 CC Minutes 10-14-2014 City of Lake Elsinore Page 2 Printed on 1012312014 City Council Regular Agenda October 28, 2014 2) 3) 4) 5) 6) ID# 14-321 Warrant List Dated October 16, 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated October 16, 2014. Attachments: City Staff Report 10-28-14 Warrant Summary City 10 16 14 Warrant List City 10 16 14 ID# 14-322 Acceptance of the Emergency Management Performance Grant for FY 2014 / 2015 (EMPG14) Recommendation: Accept the Emergency Management Performance Grant #2014-0070 (EMPG14) from the California Office of Emergency Services (Cal-OES) for FY 2014/2015; and Authorize revenue appropriation of $16,721 to Emergency Services Grant Revenue (100-0000-336-02-00 <te1:100-0000-336-02-00>) to offset the EMPG14 expense. Attachments: EMPG 14 Staff Report Exhibit A EMPG14 Funding Approval Letter Exhibit B EMPG14 Grant Certifications and Assurances ID# 14-323 Professional Services Agreement with GHD, Inc., for Development of a Building Facilities Maintenance and Replacement Master Plan, ProiectZ30000 Recommendation: Award contract for the Facilities Master Plan project to GHD, Inc., in the amount not to exceed $70,544; Establish a project program budget of $81,126 (includes a 15% contingency); and Authorize the City Manager to execute the contract and any project change orders with GHD, Inc., up to the limits of the established program budget. Attachments: GHD - FMP Final 102014 Professional Services Agmt Facilities MP ID# 14-324 Professional Services Agreement with GHD, Inc., for Development of a City Park Facilities Maintenance and Replacement Master Plan, Project 4106 Recommendation, Award contract for the Parks Master Plan Update project to GHD, Inc., in the amount not to exceed $81,352; Establish a program budget of $93,555 (includes a 15% contingency); and Authorize the City Manager to execute the contract and project change orders with GHD, Inc., up to the limits of the established program budget. Attachments: GHD - Parks MP Final 102014 Form Professional Services Agmt Parks MP ID# 14-325 Approval of an Appropriation Increase of $15,000 to Project No. Z40000 Dog Park Fencing (McVicker Park) Recommendation: Approve an increase of $15,000 to the project contingency appropriation and authorize the City Manager to approve all change orders up to the total project budget of $41,000 Attachments: McVickers Dog Park CO City of Lake Elsinore Page 3 Printed on 1012312014 City Council Regular Agenda October 28, 2014 7) ID# 14-326 Proposed Road Closures for the Lake Elsinore Grand Prix Recommendation: Authorize the closures of streets listed herein. Attachments: CC Rpt LE Grand Prix Road Closurel Final 102014 Attachment A - Grand PrixCourseMap2014wStreets 8) ID# 14-327 Grant of Easement to Suthern California Edison Rule 20A Underground Project, APN 375-350-056 <tel:375-350-056> Recommendation: Authorize the City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison (SCE) for recordation. Attachments: Grant of Easement SCE Final 102014 Vicinity Map Easement Exhibit 9) ID# 14-328 Approval of an Appropriation Increase of $75,000 to Project No. 4423 Traffic Signal Improvements at Summerhill Drive / Via Scenica Recommendation: Approve an increase of $75,000 to the project contingency appropriation and authorize the City Manager to approve all change orders up to the total project budget of $290,116. Attachments: Summer -Hill Traffic Signal Staff Report CO Request Final PUBLIC HEARING(S) 10) ID# 14-329 General Street Vacation for Street Right -of -Way and Portions of Public Utility Easements Adjacent to Lot'H" (Obaria Way) and Lot 'R' (Hermosa Drive) within Tract 36115-1 Recommendation: Conduct the Public Hearing to vacate portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1 that was opened at the October 14, 2014 City Council meeting and continued to this October 28, 2014 meeting; and Adopt Resolution No. 2014-073 A Resolution of the City Council of the City of Lake Elsinore, California, Vacating Street Right -Of -Way and Portions of Public Utility Easements Adjacent to Lot "H" and Lot "R" within Tract 36115-1. Attachments: TR 36115-1 Street Vacation - CC Staff Report - 10-28-14 Legal Description Vicinity Map Plat Map TR 36115-1 Street Vacation - PC Resolution - 9-2-14 TR 36115-1 Street Vacation - cc Resolution to Vacate APPEALS) - None BUSINESS ITEM(S) - None City of Lake Elsinore Page 4 Printed on 1012312014 City Council Regular Agenda October 28, 2014 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 or City Clerk will call on you to speak.) CITY MANAGER COMMENTS 11) ID# 14-330 City Departmental Monthly Reports Attachments: City Dept Monthly Reports CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The next regularly scheduled City Council meeting of Tuesday, November 11, 2014, has been cancelled. The Lake Elsinore City Council will adjourn this meeting to a Special meeting scheduled for Wednesday, November 12, 2014. The Closed Session meeting will be held at 5:00 p.m. at the Cultural Center and the Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main 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 forggoing agenda was posted at City Hall 72 hours in advance of this meeting. Virgin(a)l. Vlopm, City Clerk City of Lake Elsinore Page 5 Printed on 1012312014 LADE LSINOP�E DREAM I;` I Rt:h4F: REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Virginia J. Bloom, City Clerk DATE: October 28, 2014 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 14, 2014 Prepared by: Diana Giron Deputy City Clerk Approved and Submitted by: Approved by: Virginia J. Bloom City Clerk Grant Yates City Manager CH > Ltli`L LSII`OKE -I)k LA[Brr oMF City of Lake Elsinore Meeting Minutes City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITYMANAGER LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSNORE, CA 92530 Tuesday, October 14, 2014 7:00 PM Cultural Center CALL TO ORDER 5:00 P.M. Mayor Johnson called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson Also Present: City Manager Yates, City Attorney Leibold, and City Clerk Bloom. CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Gov't Code § 54956.9) Castle & Cooke Lake Elsinore West, Inc. v. City of Lake Elsinore Superior Court Case No. MCC 1301756 City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss the item identified on City Council Closed Session. The City Council recessed to Closed Session at 5:01 p.m. PUBLIC COMMENTS - None CALL TO ORDER - 7:00 P.M. Mayor Johnson reconvened the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Eagle Scout Jakob Simons. City of Lake Elsinore Page 1 City Council Meeting Minutes October 14, 2014 Chris Hyland, resident announced a town hall forum on Saturday, October 18th at 9:00 a.m. at the Boston Building in Menifee with guest speaker is Rebecca Spencer with the Riverside County Registrar of Voters, who will provide a presentation on the ballot process. CONSENT CALENDAR 1) ID# 14-307 Approval of Minutes Attachments, CC Minutes Report 10-14-2014 CC Minutes 8-26-2014 CC Minutes 9-9-2014 CC Minutes 9-23-2014 2) ID# 14-308 Warrant List dated September 25, 2014 Attachments: City Staff Report 10 14 14 Warrant Summary City 09 25 14 Warrant List City 09 25 14 3) ID# 14-309 Approval of an Agreement with Willdan Financial Services for a Development Impact Fee Study Attachments: Willdan DIF PSA 2014 DIF. Study_Staff Reoort_2 4) ID# 14-310 Day of the Dead Celebration Approval for Street Closure and Municipal Code Waiver Attachments: Staff Report - Day of the Dead Street Closures October 14 2014 DU of the Dead Traffic Control Plan October 14 2014 Day of the Dead Flier 5) ID# 14-311 Amendment No. 1 to Professional Services Agreement with Wallace and Associates for Inspection Service Attachments: Wallace and Associates Council Report Wallace Amendment #1 Exhibit A=Scope of Work Exhibit B - 2014-15 Fee Schedule Siqned Copy of Wallace Associates Agmt 2013 City of Lake Elsinore Page 3 City Council Meeting Minutes October 14, 2014 ROLL CALL PRESENT: Council Member Hickman, Council Member Magee, Council Member Tisdale, Mayor Pro Tem Manos and Mayor Johnson Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Police Chief Hollingsworth, Fire Chief Barr, and Deputy City Clerk Giron. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session regarding Existing Litigation pursuant to subdivision (d) of Government Code 54956.9, Castle & Cooke Lake Elsinore West, Inc. v. City of Lake Elsinore and that no reportable action was taken. PRESENTATIONS / CEREMONIALS The Great Shake -Out by CERT John Larson, Citizen Corp Volunteer, provided a presentation on preparedness in a natural disaster and announced the Great Shake -Out Expo on Saturday, October 18, 2014 at 10:00 a.m. to 3:00 p.m. at the Diamond Stadium. Legislative Update by Assembly Member Melendez Assemblywomen Melendez provided a legislative update regarding plastic bag ban effective January 2015; SB69; the Water Bond and a Rainy -day Fund; Ground Water Bill, and reported that the public school can select of have defibrillators on campus and can acquire free defibrillators. Recognition of Eagle Scouts Jakob Simons, Austin Hughes and Alofatunoa "Junior" Morris Mayor Johnson presented a certificate of recognition to Eagle Scouts Jakob Simons and Austin Hughes. Proclamation declaring October 11, 2014 Relay for Life in Lake Elsinore Proclamation declaring October 19 - 25, 2014 Freedom from Workplace Bullies Week PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE Grace Sandlin, resident announced the Day of the Dead celebration event to be held on Saturday, November 1st, from 1:00 p.m. to 6:00 p.m. on Main Street. City of Lake Elsinore Page 2 City Council Meeting Minutes October 14, 2014 6) ID# 14-312 Approval of CDBG Supplemental Agreement for 2014-2015 Program Year Attachments: CC Staff Report -Approval of CDBG Supplemental Agreement for 2014-2015 Program Year 10-14-14 SupOemental Agreement for the Use of 2014-2015 CDBG Funds Mayor Johnson announced that an Exhibit for Agenda Item No. 7 has been distributed to City Council; posted on the City's website; and a hard copy is available for public review. City Clerk Bloom announced a public comment on Agenda Item No. 7 which was then pulled for discussion. Motion by Council Member Magee, seconded by Mayor Pro Tem Manos, to approve the Consent Calendar less Agenda Item No. 7, passed by unanimous vote as follows: AYES Council Member Magee, Mayor Pro Tem Manos, Council Member Hickman, Council Member Tisdale, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None 7) ID# 14-313 Professional Services Agreement with VCS Environmental, Inc. for the Preparation of Planning and CEQA Compliance Documents for the East Lake Specific Plan Attachments: Staff Report -VCS ELSP ELSP Vicinity Maw VCS Environmental—Proposal-Revised It is recommended that the City Council Approve and authorize the City Manager to execute a Professional Services Agreement with VCS Environmental, Inc. in an amount not to exceed $233,440 to prepare planning and CEQA compliance documents for the East Lake Specific Plan. Albia Miller, resident of Lake Elsinore, spoke regarding negative environmental impacts caused by future development in the City. Motion by Council Member Tisdale, seconded by Council Member Magee, to approve Consent Calendar Item No. 7, passed by unanimous vote as follow: AYES Council Member Tisdale, Council Member Magee, Council Member Hickman, Mayor Pro Tem Manos, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 4 City Council Meeting Minutes October 14, 2014 PUBLIC HEARING(S) 8) ID# 14-314 General Street Vacation for Street Right -of -Way and Portions of Public Utility Easements Adjacent to Lot'H' (Obaria Way) and Lot 'R' (Hermosa Drive) within Tract 36115-1 Attachments: TR 36115-1 Street Vacation - CC Staff Report - 10-14-14 Final 2014-070 Intention to Vacate Portion of Lot H Lot R & Easement Adjacent... Legal Description Plat Map Vicinity Map It is recommended that the City Council Open the Public Hearing to vacate portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115; and Continue the Public Hearing until the October 28, 2014, regular City Council meeting to allow for public noticing of the proposed vacation or portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1. Mayor Johnson opened the Public Hearing at 7:32 p.m. Director Damasse provided an overview of staffs recommendation to open the Public Hearing and requested Council to continue the Public Hearing to [lie regular City Council meeting of Ocotober 28, 2014. Mayor Johnson called for public comments. No public comments were received. Motion by Council Member Hickman, seconded by Mayor Pro Tem Manos, to continue the Public Hearing until the Ocotober 28, 2014 regular City Council meeting to allow for public noticing of proposed vacation or portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1, passed by unanimous vote as follow: AYES Council Member Hickman, Mayor Pro Tem Manos, Council Member Magee, Council Member Tisdale, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None 9) ID# 14-315 Tentative Parcel Map No. 36632 - Application to Divide Approximately 227 Acres Located Northerly of Interstate 15 at Main Street Into Six (6) Parcels for the Purposes of Finance and Conveyance Only City of Lake Elsinore Page 5 City Council Meeting Minutes October 14, 2014 BUSINESS ITEM(S) 10) ID# 14-316 Second Reading and Adoption of Ordinance No. 2014-1329 Attachments: Second readinq ofOrd 2014-1329 ZCA Ordinance No. 2014-1329 ZCA Waive further reading and adopt by title only Ordinance No. 2014-1329 by roll call vote ORDINANCE NO. 2014-1329 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014.04, KNOWN AS THE CONSISTENCY ZONING PROJECT - PHASE IV, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE RIVERVIEW AND COUNTRY CLUB HEIGHTS DISTRICTS OF THE CITY TO ZONES CONSISTENT WITH THE GENERAL PLAN DESIGNATIONS THEREIN. City Clerk Bloom presented the Ordinance for second reading and adoption. Motion by Council Member Magee, seconded by Council Member Hickman to waive further reading and adopt Ordinance No. 2014-1329, passed by unanimous roll -call vote. City Clerk Bloom read the full title into the record. AYES Council Member Magee, Council Member Hickman, Council Member Tisdale, Mayor Pro Tem Manos, and Mayor Johnson. NOES None ABSENT: None ABSTAIN: None 11) ID# 14-317 Update on Parks Maintenance Program Attachments: Update on Parks Maintenance Program This report is an update of staff's efforts on the City's preventative maintenance program for the City's existing 18 parks. Staff has begun the assessment of the City's Parks as part of the initial phase of the Parks Master Plan Update which is currently out to bid. Staff has prepared a short presentation to update the City Council. It is recommended that the City Council receive and file this report. Public Works Director Damasse provided an overview of the the 2014-15 Parks Assessment, the parks maintenace progress; the repairs in progress and the development of the Park Facilities Master Plan. Mayor Johnson announced the Update on Parks Maintenance Program report was to receive and file. City of Lake Elsinore Page 7 City Council Meeting Minutes October 14, 2014 Attachments: TPM 36632 - CC Staff Reoort Erik Lunde 10-14-14 TPM 36632 - CC Vicinity Map -Eric Lunde 10-3-14 TPM 36632 - CC Aerial - Eric Lunde 9-2-14 TPM 36632 - CC Resolution Eric Lunde 10-14-14 TPM 36632 - CC Conditions of Approval -Eric Lunde 10-14-14 TPM 36632 - Tentative Parcel Map 36632 9-2-14 TPM 36632 - PC Staff Report 9-2-14 It is recommended that the City Council Adopt Resolution No. 2014-072 Resolution of the City Council of the City of Lake Elsinore, California, Approving Tentative Parcel Map No. 36632 for Finance and Conveyance Purposes Only, Located Northerly of the Spyglass Specific Plan, Southerly of Rosetta Canyon and Easterly of Camino Del Norte and 1.15 Freeway. Mayor Johnson opened the Public Hearing at 7:35 p.m . Planning Manager MacHott provided an overview of the staff report and recommendation to Council. Albia Miller, resident of Lake Elsinore, spoke in opposition of the subdivision of the subject property. Ms. Miller stated that property owners should not be allowed to sell their properties to developers and be required to sell only to people who would leave the properties to habitat conservancies. No other public comments were received. Mayor Johnson closed the Public Hearing at 7:40 p.m. Motion by Mayor Pro Tem Manos, seconded by Council Member Magee, to adopt Resolution No. 2014-072 Resolution of the City Council of the City of Lake Elsinore, California, Approving Tentative Parcel Map No. 36632 for Finance and Conveyance Purposes Only, Located Northerly of the Spyglass Specific Plan, Southerly of Rosetta Canyon and Easterly of Camino Del Norte and 1-15 Freeway. Council Member Hickman asked when the construction would begin. Planning Manager MacHott responded winthin the next few years. Council Member Hickman asked if there is going to be any road construction? Planning Manager MacHott responed in the negative and explained that City staff is discussing various options to finance an extension of La Strada Avenue. Council Member Hickman asked if the Spyglass project would bring in a new road. Planning Manager MacHott responded in the negative and stated these projects required the extension of Elsinore Hills Road from Ramsgate Specific Plan to Camino Del Norte. The motion passed by unanimous vote as follow: AYES Mayor Pro Tem Manos, Council Member Magee, Council Member Hickman Council Member Tisdale, and Mayor Johnson NOES None ABSENT: None ABSTAIN: None APPEAL(S) - None City of Lake Elsinore Page 6 City Council Meeting Minutes October 14, 2014 PUBLIC COMMENTS Rebecca Esquibel, Lake Elsinore resident and business owner, thanked Council for approval of the Day of the Dead event. She thanked the Chamber of Commerce for their assistance and local businesses for their support. Ms. Esquibel explained the Day of the Dead celebration and invited the public and Council to attend the event on November 1 st. Chris Hyland, Lake Elsinore resident, reminded everyone to practice political ethics during the up coming election. She stated that everyone one is entitled to express their opinion. Albia Miller, Lake Elsinore resident, spoke regarding traffic issues in the City and expressed her opposition to future development in the City. Ms. Miller also spoke about the upcoming Election. Jerry Harmatz, Lake Elsinore resident, regeusted a new branch of local government to be chaired by a Council Member that is appointed by the Mayor and staffed by volunteers. He stated that funds could be raised by volunteers and used for the restoration of "The Princess", a side paddle wheel boat that could be used on the lake for tourism. Shelly Rumbaugh, Wildomar resident, announced a Pet Adoption event, on Saturday, October 18th at Animal Friends of the Valleys; the 14th Annual Pet Parade at the Promenade in Temecula; and invited Council Members to visit Animal Friends of the Valleys facility. The following individuals spoke in favor of Animal Friends of the Valleys: Willa Bagwell, Menifee resident; Monique Middleton, Temecula resident; Kathy McIntire, Lake Elsinore resident; Dallas Hartney, Lake Elsinore resident; Shelly Rohrbach, Lake Elsinore resident; and Kristine Anderson, Wildomar resident and President of Animal Friends of the Valleys. Council Member Tisdale explained that as Chair of the JPA, he forwarded complaints he had received relating to Animal Friends of the Valleys to Christopher Hahn, JPA Executive Administrator, and the five cities that make up the JPA. The JPA agreed that an audit was needed. Council Member Tisdale stated that the draft audit report is incomplete and should not have been released. CITY MANAGER COMMENTS City Manager Yates introduced Management Analyst Mia Beltran and Senior Planner Justin Kirk. CITY ATTORNEY COMMENTS - None City of Lake Elsinore Page 8 City Council Meeting Minutes October 14, 2014 CITY COUNCIL COMMENTS Council Member Hickman congratulated Mayor Johnson on the upcoming State of the City to be held on Friday, October 17th. Council Member Hickman announced the Fall Clean -Up on Saturday, October 18th at Diamond Stadium, Parking Lot C and the Shake Out Expo at the Daimond Stadium from 10:00 a.m. to 3:00 p.m. He announced the Veteran's Memorial Brick applications fee is $30 and are due by Friday, October 17th and the Slime Run on Saturday, October 25th at Diamond Stadium. Council Member Magee announced that construction on the the Veteran's Memorial has begun and applications can be obtained by contacting the American Legion Post No. 200 or City Hall and that Studio 395 is accepting donations for the Elsinore Grand Prix mural on Graham Avenue. Council Member Magee recognized four vacant restaurant locations on Main Street and asked that the Economic Subcommittee work towards finding funds at mid -year for an incentive program for the Downtown Business Improvement. He thanked Lucas Oil and MAV TV for the racing event held in the City and announced that Tanner Foust from Top Gear Cast and Battle of the Super Car brought in his equipment to test. Council Member Magee recognized Animal Friends of the Valleys for their good work during after hours to rescue a tortoise. He also noted that he hoped that the release of the draft report would put to rest accusations and ill feeling towards Animal Friends of the Valleys. Council Member Tisdale thanked staff for their hard work. Council Member Tisdale stated that he received complaints from residents regarding water use discrepancies between the HOAs (Home Owner's Associations) and EVMWD. City Manager Yates advised that EVMWD will reach out to the HOAs. He addressed the Animal Friends of the Valleys issue and stated that 325 pages of emails were released regarding this matter. He stated that he is not against Animal Friends of the Valleys and that he is the one who reached out to Animal Friends to start a marketing campaign to bring down the euthanasia rates. Mayor Pro Tem Manos reminded residents of the slurry seal projects on Chaney Steet, Lakeshore Drive, Graham Avenue, and Main Street. He thanked the public for their participation and Jerry Harmatz for his suggestions. Mayor Johnson welcomed the following new businesses to the City: Elsinore Taekwondo, Inland Ink Spot, Silver Auto Collision, and Dr. James E. O'Brien M.D., and thanked them for investing in the City. Mayor Johnson thanked everyone for participating in Public Comments. She announced the State of the City to be held on Friday, October 17th and thanked the Chamber of Commerce and City Staff for their assistance. This year's theme is community engagement and she was overwhelmed with the community's participation. Mayor Johnson announced that the State of the City will be rebroadcasted on November 5th on Verizon Channel 29 and Time Warner Channel 31 and aired everyday at 10:00 a.m. and 7:00 p.m. after November 5th. City of Lake Elsinore Page 9 City Council Meeting Minutes October 14, 2014 ADJOURNMENT Mayor Johnson adjourned this meeting at 8:38 p.m. to the next regularly scheduled meeting to be held on Tuesday, October 28, 2014, at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Natasha Johnson, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 10 Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ll 14-321 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 10/23/2014 CITY OF LAIJE LSMORE DREAM EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: WARRANT LIST DATED OCTOBER 16, 2014 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated October 16, 2014 Discussion The warrant list is a listing of all general checks issued since the prior warrant list. Prepared By: Frances Ramirez Account Specialist II Reviewed By: Jason Simpson Administrative Services Director Approved By: Grant Yates City Manager Attachments: Warrant List 10-16-2014 OCTOBER i6, 201,1 carry OF ]LAIKE ELSlINORE WARRANT SUMMARY F'UNT)N YUMD DFSCMPTJ0N T01AL 100 GENERAL FUND $ 1,526,633.37 104 TRAFFIC OFFENDER FUND 125.00 106 AFFORDABLE HOUSING IN -LIEU FUND 5 599.41 108 _ MISC. GRANT FUND 13,331M 110 _ STATE GAS TAX FUND 15 217-.22 114 SB1186 CAS EDUCATION FUND 159.00 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 86,240.39 135 L L.M.D. NO. 1 FUND 3,203.54 155 CSA 152 - N.P.D.E.S. 529.06 160 PEG GRRANT RESTRICTED FUND 3,498 76 384 C.F.D. 2003-2 IA -B CANYON HILLS DEBT SERVICE FUND 3,275 00 385 C.F.D 2004 3 SRS 2006A DEBT SERVICE FUND 3,435.00 500 _ PITAL _CAIMPROVEMENT PLAN 30,499.81 620 COST RECOVERY SYSTEM FUND _ _ F aon 19 GRAND TOTAL $ 1,698437.66 10/21/2014 Warrant 10 16 14 City 1 of 1 O ;TOB,T"R 16, 2014 Cl L ECCit 119923-1' 119928 119929 119930 119933 119934 119935 119936 119939 119940 119941 119945 119946 119947 119948 119949 119950_ 119951 119952 119953 119954 119955 119956 119962 119963 119964 119967 119968 119969 119970 119973 119974 1.19975 119976 119977 1199_79 119980 119981 119982 119983 119984 119985 CITY OF LAU ELSINOIRIC VENDOR NAME A & A JANITORIAL SERVICE ACTION GAS & WELDING SUPPLY RAULALATORRE AMBER AIR CONDITIONING, INC. AMERICAN BATTERY SUPPLY AMERICAN EXPRESS (42001) BATTERY SYSTEMS,. INC. CITYBYAPP, INC. CROP PRODUCTION SER CUTTING EDGE PROPELL D & S ELECTRIC EAGLE ROAD SERVICE & TIRE ECOLINE INDUSTRIAL SUPPLY, INC. ELSINORE PIONEER LUMBER CO GEMPLER'S GLS PLUMBING, LLC GMS ELEVATOR SERVICES, INC. GREAT AMERICA FINANCIAL SERVICES HAZZARD BACKFLOW CO I.C.M.A. RETIREMENT TRUST IMPACT PROMOTIONAL PRODUCTS INLAND EMPIRE LOCK & KEY JOHN DEERE LANDSCAPES JOHNSON MACHINERY CO. LAKE CHEVROLET LAKE ELSINORE TIRE & AUTO, INC. LESLIE'S SWIMMING POOL SUPPLIES LOWE'S HOME CENTERS, INC. MAXIMUM_SIGN CO. MORROW PLUMBING INC MORROW PLUMBING, INC. NAVA'S PAINTING ORKIN, INC PLAYTOPIA, INC. POWERPLAN CORP PROTECTIVE BUNKERS INC. PROTEKTON INC. PRUDENTIAL OVERALL SUPPLY ROBBINS PEST MANAGEMENT, INC. SEE CLICK FIX SOUTHWEST ICE MACHINES STAPLES ADVANTAGE STAUFFER'S LAWN EQUIPMENT SUN PAC CONTAINERS SUNRIDERS CONSTRUCTION MANAGEMENT CORP. SUSTAINABLE CIVIL ENG SOLUTIONS, INC. TARCO INDUSTRIES, INC. TEAM AUTOAID, INC. 10/21/2014 Warrant 10 16 14 City 1 OF 4 WARRANTLIST AMOUNT 7,008.75 850.72 159.50 125.00 414.80 1,182.46 457.60 311.13 869.00 123.06 1,473.90 _ 474.20 34.76 87.50 286.65 150.00 8,064.59 216.00 811.30 53.78 529.06 634.65 3.381.78 2,711.93 1,650.00 91.69 1,195.00 2,000.00 584.64 1,660.00 5,000.00 85.20 232.50 939.85 112.00 262.50 F1r..Is7 OCTOBER 116, 2014 CITY OF LAKE ELSIINORE clIECK# VLNOOR VAMP. 119986 TIME WARNER CABLE 119987 -------- TULIPS TROPHIES- &TREASURES -- 11 9988 . - - _-_- ULTIMATE SIGNS &GRAPHICS 119989 _ UNION BANK OF CALIFORNIA_ 119990 UNITED PARCEL SERVICE 119991 _ VENUS PRINTING 119992 _ VERIZON WIRELESS ,(#11) _- 119993 VERIZON WIRELESS (#2) -- 119994 VERIZON WIRELESS(k3) 119995 VERIZON WIRELESS_(#9) 119996 VIEVU LLC 119997 _ WAXIE SANITARY SUPPLY 119998 Z BEST BODY & PAINT SHOPS. INC. 119999 _ ZEE MEDIC.AL 120000 AMERICAN EXP 120001 APPLE ONE 120002 BUCKNAM & AS 120006_ CIVIL SOURCE INC. 120007 COLONIAL LIFE 120008 COMMUNITY WORKS DESIGNGROUP 120009 DEPARTMENT OF CONSERVATION 120010-DIRECTV SOUTHERN CALIFORNIA GAS CO. 120011 _ DISH NETWORK 120012 DOWNS COMMERCIAL FUELING, INC. 120013 E.S. BABCOCK & $ONS INC 120014__- MAUREENFOSTER-DAVIS 120015 _ GREAT AMERICA FINANCIAL SERVICE 120016 _ -_HARTZOG_& CRABILL, INC 120017 THE L.I.U. OF N.A. 120018 LEGAL SHIELD -- 120019 LIUNA LOCAL 777 120020 LOR GEOTECHNICAL GROUP 120021 MANPOWER TEMP SERVICES 120022 PLATINUMCONSULTING GROUP 120023 THE PRESS ENTERPRISE 120024 RBITRAFFIC,INC. 120025 RIVERSIDE COUNTY HABITAT 120026 RIVERSIDE COUNTY SHERIFF AL HEAL 120028 SILVER & WRIGHT, LLP 120029 SKYLINE SAFETY AND SUPPLY 120030 SNAP ON TOOLS - OMAR MUNOZ 120031-120037 SOUTHERN CALIFORNIA EDISON C 120038 SOUTHERN CALIFORNIA GAS CO. 120039 STANDARD INSURANCE COMPANY 120042 UNITED WAY - INLAND 120043 URBAN CROSSROADS 120044-1.20046 VERIZONCALIFORNIA 120047 VERIZON WIRELESS(# 120048 VILLA ROOT BARRIER 120049 VISION SERVICE PLAN 10/21/2014 Warrant 10 16 14 City 2 OF 4 WARRANTI,1ST AMOUNT 747.23 950.50 208.02 105.98 380.48 488.75 724.12 155.40 161.00 000.00 73 27, 551.62 2,788.76 7,18_4.98 510.03 1.373.85 C'1;C'TOB R 16, 2014 CITY Off' ,'LA KIE ELSINORE WARRANT LIST Cl IEC:'K41 VENDOR NAME AMOUN"I' 120050_ WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS _ 159,714.00_ 120051 A & A JANITORIAL SERVICE 327.50 120052 ALL -PRO ENGINE & MOWER SUPPLY 256.71 120053 ALLEGRA MARKETING PRINT MAIL 274.32 120054 AMERICAN FORENSIC NURSES_ 480.00 120055 AMERICAN MATERIAL CO 78.34 120056 AMERICAS - TEMECULA 491.70 120057 APPLE ONE 457.60 120058 BANK OF AMERICA, CITY 1,387.24 120059 BANK OF AMERICA, FIRE 230.59 120062-_ BANKOFAMERICA,FIRE 1,661.49 120063 BANK OF AMERICA, CITY _ - 733.00 120064 BANK OF AMERICA, FIRE 370.75 120065 BANK OF AMERICA, FIRE 926.38 120067 BANK OF AMERICA, CITY 800.33 120068 BANK OF AMERICA, CITY 8.34 120069BIO-TOX LABORATORIES 1,537.24 120070 BOATSWAIN'S LOCKER- INC. 2.663.60 120071 CALIFORNIA STATE FIRE 120072_ _ CALIFORNIA STATE DEPARTMENT OF JUSTICE _ 1,050.00 120073 CANON FINANCIAL SERVICES, INC 908.70 120074 EDWARD CASTELLANOS JR 291.50 120075 CDW GOVERNMENT. INC 3,437.19 120077 E.S. BABCOCK 120079 120081 AL SCIENCE ASSOCIATES KY & WATT. LLP 120088 GUS PAPAGOLOS CONSULTING 2,775.00 120089 CARRIE HANES _ _ 349.63 120090 HEMET FENCE COMPANY 1,393.00 120091 C M.A. RETIREMENT TRUST 4,646.63 120092 INNOVATIVE DOCUMENT SOLUTIONS _ 1,420.00 120093 INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS 290.00 120094 IRON .60 120096 LEIBOLD. M 565.64 120098 120100 120101 P F PETTIBONE & COMPANY 391.95 120102 PREMIUM PALOMAR MT SPRING WATER 241.75 120103 THE PRESS ENTERPRISE 91.20 120104 RANCHO READY MIX PRODUCTS, -LP 709._56 120105 RANCHO REPROGRAPHICS, INC. 39.14 120106 RHCONSULTING 10,143.81 120107-120108 RIGHTWAY SITE SERVICES, INC 2,235.62 120109 RIVERSIDE COUNTY RECORDER 23.00 120110 ALISHA ROSE 60.00 120111 ROW TRAFFIC SAFETY INC 614.52 10/21/2014 Warrant 10 16 14 City 3 OF 4 OCTOBER M,20114 CITY OF ILAIKIE ELSiINOIRT WARRANT LIST VENDOR NAM): AMOUNT I Zul loe SKYLINE_ SAFE I Y AND SUPPLY 591.64 120113 STAUFFER'S LAWN EQUIPMENT 18.34 120114 SUN PAC CONTAINERS 85.00 120115 _ SUSTAINABLE CIVIL ENG SOLUTIONS INC - _ 520.00 120116 TIME WARNER CABLE - 119.95 120117 _ UNITED PARCEL SERVICE 123.01 120118 VERIZON -INTERNET 134.99 120119 VISION TECHNOLOGY SOLUTION LLC 200.00 120120 VULCAN MATERIALS COMPANY _ 819.65 120121 , _ KATHI WEATHERS 257.44 120122_ --- WEST COAST ARBORISTS INC. - — --_--- 6,047.84 120123 Z BEST BODY &PAINT SHOPS. INC a 9a9 711 CALIFORNIA P.E.R.S. CALIFORNIA P E.R.S. 1.293.641.70 118,760.11 47,678.59 10/10/14 _ CALIFORNIA P E R S. _ _ _ _ -- 47,477.85 10/09/14 PAYROLL CASH - __ _ _ _ 137,519.57 10/09/14 PAYROLL TAXES 53,359.84 GRAND TOTAL $ 1,698,437.66 10/21/2014 Warrant 10 16 14 City 4 OF 4 ! 7'' 110 SI -- Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 14-322 Version: 1 130 South Main Street Lake Elsinore, CA 92530 wwad.lake-elsoore org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 10123/2014 CITY OF LADELSIROP, ` DREAM EXTREME. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: ACCEPTANCE OF THE EMERGENCY MANAGEMENT PERFORMANCE GRANT FOR FY 2014 / 2015 (EMPG14) Recommendations 1. Accept the Emergency Management Performance Grant #2014-0070 (EMPG14) from the California Office of Emergency Services (Cal-OES) for FY 2014/2015. Authorize revenue appropriation of $16,721 to Emergency Services Grant Revenue (100-0000-336-02-00) to offset the EMPG14 expense. Background The purpose of the Emergency Management Performance Grant (EMPG) Program is to support comprehensive emergency management for the City to encourage the improvement of Mitigation, Preparedness, Response and Recovery capabilities for all hazards. Funding from this grant is available to the City through the Riverside Operation Area. The FY 2014 Emergency Management Performance Grant (EMPG) Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation Response, and Recovery mission areas. All matching funds are the responsibility of the City. The Public Works Department recently applied for the FY2014/2015 Emergency Management Performance Grant (EMPG14) in the amount of $16,721, which is a dollar -for -dollar match with the City's contribution of $16,721, for a total amount of $33,442. Staff received notification of the grant award informing the City that the California Office of Emergency Services (Cal-OES) has approved the Riverside County's EMPG14 application and has authorized the commencement of reimbursement requests when they become available. PAGE 2 ACCEPTANCE OF EMPG14 GRANT OCTOBER 28, 2014 Discussion The Public Works Department will use this grant to offset a portion of the salary for one of its existing employees, Dan Chadd. Mr. Chadd is a full time employee in the Weed Abatement Division and is the Equipment Operator. Mr. Chadd has taken on the additional task of assisting with Emergency Services and also serves as the Emergency Services Assistant Coordinator for the City. He currently coordinates and teaches all the C.E.R.T. Training Classes for staff and the community as well as oversees the Lake Elsinore Citizen Corps Volunteer Advisory Board. Fiscal Impact The Emergency Management Performance Grant Program for FY 2014/2015 (EMPG14) provides cost reimbursement up to 50% with a minimum 50% local match ($16,721), for which the City will use the Public Works Emergency Services Fund. Prepared by: Rick DeSantiago Public Works Superintendent Approved by: Vince Damasse, P.E., Director of Public Works Approved by: Grant M. Yates City Manager Attachments: Exhibit A — Funding Approval Letter Exhibit B — FY 14/15 EMPG Agreement Articles, Assurances, Certifications, Terms, and Conditions PAGE 3 ACCEPTANCE OF EMPG14 GRANT OCTOBER 28, 2014 EXHIBIT A - FUNDING APPROVAL LETTER PAGE 4 ACCEPTANCE OF EMPG14 GRANT OCTOBER 28, 2014 EXHIBIT B - FY14/15 EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT ARTICLES ASSURANCES CERTIFICATIONS TERMS AND CONDITIONS PAGE 5 ACCEPTANCE OF EMPG14 GRANT OCTOBER 28, 2014 PROUDLY SERVING THE UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CITIES OF: BANNING BEAUMONT CAUMESA CANYON LAKE COACHELIA DESERT HOT SPRINGS EASTVALE INDIAN WFLLS INDIO JURUPA VALLEY I_AKF ELSINORF LA QUINTA MENIFFE MORENO VALLEY PALM DESERT PI, RRIS RANCHO MIRAGE RUBIDOUX CSD SAN JACINTO TEMECUTA WIL..DOMAR BOARD OF SUPERVISORS: BOB BusiLR DISTRICT 1 JOHN TAVAGLIONE DIST RICT 2 JEFF ST ONE DIsrmc"r 3 JOHN BENon DISIRic T/ MARION ABHI. EY DISTRICT L, RIVOMIDe COUNW FIRE DEPARTMENT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION John R. Hawkins - Fire Chief 210 West San Jacinto Avenue - Perris, CA 92570 (951)940-6900-www,rvcfire.org September 11, 2014 City of Lake Elsinore Rick DeSantiago, Mary Zilliox Lake Elsinore, CA RE: FY14 Emergency Management Performance Grant Program (EMPG) Award - $16,721 Grant #2014-0070 CFDA#: 97.042 The California Office of Emergency Services (CaIOES) has approved Riverside County's FY14 Emergency Management Performance Grant Program (EMPG) application and has authorized the commencement of reimbursement requests. The performance period of this grant is July 1, 2014 (for personnel) 9/11/14 (for equipment) - April 30, 2015. All final reimbursement requests are due no later than May 10, 2015. Please remember that changes to your grant will require the approval of the OA prior to incurring any costs. All modifications, EHP's, sole source procurement, EOC and construction requests require additional approvals from CalOES through the OA prior to incurring any costs. Some of your projects may require these additional approvals. It is your Agency's responsibility to obtain all additional approvals prior to expending the funds. Your Agency will also be responsible for providing all necessary documentation for reimbursements. If you are purchasing maintenance agreements, upgrades, service fees, etc. for your equipment or continuation of a service it is your responsibility to provide proof that these costs follow the guidelines of the grant. Your Agency's Financial Workbook is being provided to you via email along with a copy of this letter. If you have not already done so, please have the Grant Assurances read, signed and dated by your authorized agent in blue ink and return to me. Reimbursements will not be processed without these. Keep in mind that this grant has a dollar -for -dollar match requirement. By accepting this award it will be understood that you are agreeing to conform to the requirements of the grant as put forth in the FY14 EMPG Grant Assurances, the State Supplemental Guidance, the Federal Guidance, the Federal Single Audit Act of 1984 and amendment of 1996, and the Robert T. Stafford Disaster Relief and Emergency Assistance Act as amended. As always, please feel free to contact me with any questions you may have. I look forward to working with you and appreciate your cooperation and support. Regards, Kim Dana Administrative Services Analyst II Riverside County Fire/OES FY14 Emergency Management Performance Grant Agreement Articles, Assurances, Certifications, Ternts, and Conditions FEDERAL AGREEMENT ARTICLES Article I - Administrative Requirements The administrative requirements that apply to most DHS award recipients through a grant or cooperative agreement arise from two sources: 1) Office of Management and Budget (OMB) Circular A-102, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments (also known as the "A-102 Common Rule"), found under DHS regulations at Title 44, Code of Federal Regulations (CFR) Pail 13, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 2) OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations, relocated to 2 GFR Part 215. The requirements for allowable costs/cost principles are contained in the A-102 Common Rule, OMB Circular A- 110 (2 CFR § 215.27), DHS program legislation, Federal awarding agency regulations, and the terns and conditions of the award. The four costs principles that apply to DHS award recipients through a grant or cooperative agreement originate from the following sources: - OMB Circular A-21, Cost Principles for Educational Institutions, relocated to 2 CFR Part 220. - OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, relocated to 2 CPR Part 225. - OMB Circular A-] 22, Cost Principles for Non -Profit Organizations, relocated to 2 CPR Part 230. - OMB Circular A-]33, Audits of States, Local Governments and Non -Profit Organizations; origination of audit requirements for State, Local and Tribal recipients of DHS awards. Article II - DHS Specific Acknowledeements and Assurances All recipients of financial assistance must acknowledge and agree -and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree -to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS. 2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS awarding office and the DHS Office of Civil Rights and Civil Liberties. 6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color, national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS Component and/or awarding office. The United States has the right to seek,judicial enforcement of these obligations. Initials Article III - Lobbying Prohibitions None of the funds provided under an award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal of any Federal contract, grant, loan, or cooperative agreement. These lobbying prohibitions can be found at 31 U.S.C. § 1352. Article IV - Acknowledgement of Federal Funding from DHS All recipients of financial assistance must comply with requirements to acknowledge Federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with Federal funds. Article V - Copyright All recipients of financial assistance will comply with requirements that publications or other exercise of copyright for any work first produced under Federal financial assistance awards hereto related unless the work includes any information that is otherwise controlled by the Government (e.g., classified information or other information subject to national security or export control laws or regulations). For any scientific, technical, or other copyright work based on or containing data first produced under this award, including those works published in academic, technical or professional journals, symposia proceedings, or similar works, the recipient grants the Government a royalty -free, nonexclusive and irrevocable license to reproduce, display, distribute copies, perform, disseminate, or prepare derivative works, and to authorize others to do so, for Government purposes in all such copyrighted works. The recipient must affix the applicable copyright notices of 17 U.S.C. § 401 or 402 and au acknowledgement of Government sponsorship (including award number) to any work first produced under an award. Article VI - Use of DRS Seal, Logo and Flags All recipients of financial assistance must obtain DI-IS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article VH - Activities Conducted Abroad All recipients of financial assistance will comply with the requirements, and must ensure, that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article VIII - Fly America Act of 1974 All recipients of financial assistance must comply with the requirements of the Preference for U.S. Flag Air Carriers: Travel supported by U.S. Government funds requirement, which states preference for the use of U.S. flag air carriers (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B 13 8942. Article IX - GPD - Drug -Free Workplace Regulations All recipients of financial assistance must comply with the requirements of the Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et seq.), which requires that all organizations receiving grants from any Federal agency agree to maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for debarment. These regulations are codified at 2 CFR 3001. Initials Article X - GPD - Tn affickine Victims Protection Act of 2000 All recipients of financial assistance must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. § 7104), located at 2 CFR Part 175. ']'his is implemented in accordance with OMB Interim Final Guidance, Federal Register, Volume 72, No. 218, November 13, 2007. In accordance with the statutory requirement, each agency award under which funding is provided to a private entity, Section 106(g) of the TVPA, as amended, requires the agency to include a condition that authorizes the agency to terminate the award, without penalty, if the recipient or a subrecipient - (a) Engages in severe forms of trafficking in persons during the period of time that the award is in effect; (b) Procures a commercial sex act during the period of time that the award is in effect; or (c) Uses forced labor in the performance of the award or sub -awards under the award. Full text of the award term is provided at 2 CFR §175.15. Article X1— Title VI of the Civil Rights Act of 1964 All recipients of financial assistance must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), codified at 6 CFR Part 21 and 44 CFR Part 7, which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance. Article XII - Civil Richt Act of 1968 All recipients of financial assistance must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. §3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features (see 24 CPR §100.201). Article XIII - Americans with Disabilities Act of 1990 All recipients of financial assistance must comply with the requirements of Titles 1, 11, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12101-12213). Article XIV - Aee Discrimination Act of 1975 All recipients of financial assistance must comply with the requirements of the Age Discrimination Act of 1975 (42 U.S.C. §6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. Article XV - Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) All recipients of financial assistance must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.), which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. These regulations are codified at 6 GFR Part 17 and 44 CFR Part 19. Article XVI - Rehabilitation Act of 1973 Initials All recipients of financial assistance must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded front participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. These requirements pertain to the provision of benefits or services as well as to employment. Article XVII - Limited En dish Proficiency (Civil Rights Act of 1964, Title VI All recipients most comply with the Civil Right Act of 1964 (Title VI), prohibition against discrimination on the basis of national origin, which requires that recipients of Federal financial assistance must take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. In order to facilitate compliance with Title VI, recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding'Fitle VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April l8, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services; selecting language services; and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance https://www.diis.gov/gLridance-published-Help- department-supported-organizations-provide=meaningful-access=peo})le-limited and additional resources on httn://www.let).eov. Article XVIII - Animal Welfare Act of 1966 All recipients of financial assistance will comply with the requirements of the Animal Welfare Act, as amended (7 U.S.C. §2131 et seq.), which requires that minimum standards of care and treatment be provided for vertebrate animals bred for commercial sale, used in research, transported commercially, or exhibited to the public. Recipients must establish appropriate policies and procedures for the humane care and use of animals based on the Guide for the Care and Use of Laboratory Animals and comply with the Public Health Service Policy and Government Principles Regarding the Care and Use of Animals. Article XIX - Clean Air Act of 1970 and Clean Water Act of 1977 All recipients of financial assistance will comply with the requirements of 42 U.S.C. §7401 et seq. and Executive Order 11738, which provides for the protection and enhancement of the quality of the nation's air resources to promote public health and welfare and for restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. Article XX - Protection of Human Subjects All recipients of financial assistance will comply with the requirements of the Federal regulations at 45 CFR Part 46, which requires that recipients comply with applicable provisions/law for the protection of human subjects for purposes of research. Recipients must also comply with the requirements in DHS Management Directive 026-04, Protection of Ihuman Subjects, prior to implementing any work with human subjects. For purposes of 45 CFR Part; 46, research means a systematic investigation, including research, development, testing, and evaluation, designed to develop or contribute to general knowledge. Activities that meet this definition constitute research for purposes of this policy, whether or not they are conducted or supported under a program that is considered research for other purposes. The regulations specify additional protections for research involving human fetuses, pregnant women, and neonates (Subpart B); prisoners (Subpart C); and children (Subpart D). The use of autopsy materials is governed by applicable State and local law and is not directly regulated by 45 CFR Part 46. Initials Article XXI - National Environmental Policy Act (NEPA) of 1969 All recipients of financial assistance will comply with the requirements of the National Environmental Policy Act (NEPA), as amended, 42 U.S.C. §4331 et seq., which establishes national policy goals and procedures to protect and enhance the environment, including protection against natural disasters. To comply with NEPA for its grant - supported activities, DHS requires the environmental aspects of construction grants (and certain non -construction projects as specified by the component and awarding office) to be reviewed and evaluated before final action on the application. Article XXII - National Flood Insurance Act of 1968 All recipients of financial assistance will comply with the requirements of Section 1306(c) of the National Flood Insurance Act, as amended, which provides for benefit payments under the Standard Flood Insurance Policy for demolition or relocation of a structure insured under the Act that is located along the shore of a lake or other body of water and that is certified by an appropriate State or local land use authority to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels. These regulations are codified at 44 CFR Part 63, Article XXIII - Flood Disaster Protection Act of 1973 All recipients of financial assistance will comply with the requirements of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. § 4001 et seq.), which provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. The flood insurance purchase requirement applies to both public and private applicants for DHS support. Lists of flood -prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Article XXIV - Coastal Wetlands Plannine, Protection, and Restoration Act of 1990 All recipients of financial assistance will comply with the requirements of Executive Order 11990, which provides that federally funded construction and improvements minimize the destruction, loss, or degradation of wetlands. The Executive Order provides that, in furtherance of Section 101(b)(3) of NEPA (42 U.S.C. §4331(b)(3)), Federal agencies, to the extent permitted by law, must avoid undertaking or assisting with new construction located in wetlands unless the head of the agency finds that there is no practicable alternative to such construction, and that the proposed action includes all practicable measures to minimize harm to wetlands that may result front such use. In making this funding, the head of the agency may take into account economic, environmental, and other pertinent factors. The public disclosure requirement described above also pertains to early public review of any plans or proposals for new construction in wetlands. This is codified at 44 CFR Part 9. Article XXV - USA Patriot Act of 2001 All recipients of financial assistance must comply with the requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§175-175c. Among other things, it prescribes criminal penalties for possession of any biological agent, toxin, or delivery system of a type or in a quantity that is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose. The act also establishes restrictions on access to specified materials. 'Restricted persons," as defined by the act, may not possess, ship, transport, or receive any biological agent or toxin that is listed as a select agent. Article XXVI — Best Practices for Collection and Use of Personally Identifiable Information (PII) All recipients of financial assistance who collect PH are required to have a publically-available privacy policy that describes what I'll they collect, how they use the PH, whether they share PH with third parties, and how individuals may have their Pit corrected where appropriate. Useful resources are the DHS Privacy Impact Initials Assessments: http://www.dhs.gov_/xlibrary/assets/pr ivacy/privacy_pia (uidanee june2010.pdf, and http://www.dhs.aov/xlibrary/assets/privacy/urivacypia template.�df. Article XXVII — Duplication of Benefits State, Local, and Tribal Recipients must comply with 2 CFR Part §225, Appendix A, paragraph (C)(3)(c), which provides that any cost allocable to a particular Federal award or cost objective under the principles provided for in this authority may not be charged to other Federal awards to overcome fund deficiencies. Article XXVIII — False Claims Act and Program Fraud Civil Remedies All recipients of financial assistance must comply with the requirements of 31 U.S.0 §3729 which set forth that no recipient of Federal payments shall submit a false claim for payment. See also 38 U.S.0 §3801-3812 which details the administrative remedies for false claims and statements made. Article XXIX — Federal Debt Status All recipients of financial assistance are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. See OMB Circular A-129 and form SF -42413, item number 17 for additional information and guidance. Article XXX — Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. §2225(a), all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, 15 U.S.C. §2225. Article XXXI —Non -supplanting Requirement All recipients who receive awards made under programs that prohibit supplanting by law must ensure that Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -Federal sources. Where Federal statues for a particular program prohibits supplanting, applicants or award recipients may be required to demonstrate and document that a reduction in non -Federal resources occurred for reasons other than the receipt of expected receipt of Federal funds. Article XXXII — Debarment and Suspension All recipients must comply with Executive Orders 12549 and 12689, which provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Article XXXIII — Environmental Planning and Historic Preservation (EHP) Compliance All recipients of financial assistance proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. The EHP review process must be completed before funds are released to carry out the proposed project. El IP Policy Guidance can be found in FP 108-023-01, Environmental Planning and Historic Preservation Policy Guidance, atImo_//www.fen?a.gov/media-library/assets/document/85376. Article XXXIV — SAFECOM Initials All recipients who receive awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable Coln nunications. All recipients investing in broadband -related investments should review Information Bulletin (IB) 386: Clarification on Use of DHS/FEMA Public Safety Grant Funds for Broadband -Related Expenditures and Investments before developing applications. The SAFECOM Guidance on Emergency Communication Grants can be found at: FY 2014 SAFECOM Guidance on Emergency Communications Grants. ASSURANCES The applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements. See Article I above. The applicant also specifically assures and certifies that it: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial, and financial capability (including funds sufficient to pay the non -Federal share of project costs) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance or award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. See Article Il above. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of Office of Personnel Management's (OPM) Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin: (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex-, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps, (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title V111 of the Civil Right Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the Initials requirements of any other nondiscrimination statute(s) which may apply to the application. See Articles XI, XII, XIII, XIV, XV, XVI, and XVII. 7. Will comply, or has already complied, with the requirements of Titles II and 111 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and/or federally - assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333), regarding labor standards for federally -assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more; and the National Flood Insurance Act of 1968. See Articles XXII and XXIII. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under National Environmental Protection Act (NEPA) of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 1 1738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation flood hazards in floodplains in accordance with EO 1 1988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources ofdrinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). See Articles XIX, XXI, and XXIV. 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Ilistoric Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). All proposed construction and renovation activities must undergo an Environmental Planning and Historic Preservation (EHP) review, including approval of the review from FEMA, prior to undertaking any action related to the project. Any applicant that is proposing a construction project should pay special attention to the EHP requirements. See Article XXXIII 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. See Article XX. Initials 15. Will comply with the Laboratory Animal welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. See Article XV111. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1996 or OMB Circular No. A-133, "Audits of States, Local Governments, and Non -Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. This includes all requirements, restrictions and regulations identified in the California Governor's Office of Emergency Services (Cal OES) Fiscal Year 2014 Emergency Management Performance Grants (EMPG) Program - California Supplement to the Federal Program Funding Opportunity Announcement; or, The State Guidance. 19. Will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. See Article X. 20. Will comply with Homeland Security Presidential Directive (HSPD)-5, Management of Domestic Incidents. The adoption of the NIMS is a requirement to receive Federal preparedness assistance, through grants, contracts, and other activities. The NIMS provides a consistent nationwide template to enable all levels of government, tribal nations, nongovernmental organizations, and private sector partners to work together to prevent, protect against, respond to, recover from, and mitigate the effects of incidents, regardless of cause, size, location, or complexity. 21. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 22. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 23. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or State. 24. Will comply with Public Law (PL) 109-282 (Federal Funding Accountability and Transparency Act of 2006), as amended by Section 6202(a) of the Government Funding "Transparency Act of 2008 (PL 110-252), which is outlined in FEMA GPD Information Bulletin NO. 350. If the subgrantee in the preceding year did not get 80% or more of its annual gross revenues from Federal Awards, and $25M or more in annual gross revenues from Federal Awards, and the public does have access to information about the compensation of the senior executives of the entity, then the subgrantee is not subject to the FFATA Financial Disclosure requirements. Initials 25. Will comply with the following: (a) All recipients of financial assistance must acknowledge and agree and require any subrecipients, contractors, successors, transferees, and assignees acknowledge and agree—to comply with applicable provisions governing Cal OES access to records, accounts, documents, information, facilities, and staff; (b) Recipients must cooperate with any site visit, compliance/monitoring review or complaint investigation conducted by Cal OES; (c) Recipients must give Cal OES access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by Cal OES regulations and other applicable laws or program guidance; (d) Recipients must submit timely, complete, and accurate reports to the appropriate Cal OES officials and maintain appropriate backup documentation to support the reports; and (e) Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in the program guidance. 26. Will comply with the EMPG-Funded Personnel Training and Exercise Requirement. All recipients of financial assistance must acknowledge and agree—and require any subrecipients, to acknowledge and agree to comply with the EMPG-funded personnel training and exercise requirement, as detailed in both the Federal and State program guidance. Failure to comply with this requirement, by individuals whose salary is funded in part or whole with EMPG, may result in the incurred salary costs associated with the non- compliant EMPG-funded personnel from being eligible for reimbursement and/or result in the recipient's repayment of already disbursed grant funding associated with the non-compliant EMPG-funded personnel's salary -related costs. CERTIFICATIONS 1. CERTIFICATION FOR CONTRACTS GRANTS LOANS AND COOPERATIVE AGREEMENTS: The undersigned certifies, to the best of his or her knowledge and belief, that: (I) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal giant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. See Article 111. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and subunit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: Initials If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission ofthis statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty ofnot less than $10,000 and not more than $100,000 for each such failure. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT)• As required by Executive Orders 12549 and 12589. Debarment and Suspension, and implemented at 44 CPR, Part 17 (See Article XXXII): A. The applicant certifies that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a Stats or Federal court, or voluntarily excluded fi-om covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and (4) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or Local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. CERTIFICATIONS REGARDING DRUG-FREE WORKPLACE REQUIREMENTS: This certification commits the applicant to compliance with the certification requirements under 44 CFR, Part 17 Governmew- made Reguirernenis for Drug -Free Workplace (Grants). See Article IX. A. The grantee certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, Possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about— (1) bout (1) The dangers of drug abuse in the workplace: (2) The grantee's policy of maintaining a drug-fi-ee workplace; Initials (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency in writing, within tell calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 4. SWEATFREE CODE OF CONDUCT: a. All applicants contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the subgrant have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured Tabor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The applicant further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.iov, and Public Contract Code Section 6108. b. The applicant agrees to cooperate fully in providing reasonable access to the applicant's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of.lustice to determine the contractor's compliance with the requirements under paragraph (a). Initials 5. DOMESTIC PARTNERS: For subgrants executed or amended after July I, 2004, the applicant may elect to offer domestic partner benefits to the applicant's employees in accordance with Public Contract Code section 10295.3. However, the applicant cannot require an employee to cover the costs of providing any benefits which have otherwise been provided to all employees regardless of marital or domestic partner status. TERMS AND CONDITIONS The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Applicant needs to be aware of the following provisions regarding current or former state employees. If subgrantee has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (Public Contract Code §10410).- 1) 10410):1) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Public Contraet Code §10411).- 1 ) 10411):1) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2) For the twelve-month period from the date Ire or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If applicant violates any provisions of above paragraphs, such action by applicant shall render this Agreement void. (Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION: Applicant needs to be aware of the provisions which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions, and applicant affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITI I DISABILITIES ACT: Applicant assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) Initials 4. APPLICANT NAME CHANGE: An amendment is required to change the applicant's nannc as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 6. AIR OR WATER POL,L,UTION VIOLATION: Under the State laws, the applicant shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIVERSAL IDENTIFIER REQUIREMENTS: A. Requirement for System for Award Management (SAM) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the SAM until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that applicants and recipients review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. B. Requirement for Data Universal Numbering System (DUNS) Numbers If recipients are authorized to make subawards under this award, they: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. C. Definitions For purposes of this award term: 1. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at http://www.sam. ov). 2. Data Universal Numbering System (DUNS) number means the nine digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained fi•om D&B by telephone (currently 866-705-5711) or the Internet (currently at http://fedgov.dnb.com/webfornn). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR §25.320, subpart C: a. A Governmental organization, which is a State, Local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for-profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. 4. Subaward, as defined in 2 CPR §170.325: a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. Initials b. The term does not include your procurement of property and services needed to cavy out the project or program (for fiurther explanation, see Sec. 210 of the attachment to OMB Circular A-133, " Audits of States, Local Government, and Non -Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient, as defined in 2 CFR §25.360, means an entity that: a. Receives a subaward from you under this award; and b. is accountable to you for the use of the Federal funds provided by the subaward. 8. FINANCIAL GUIDELINES: The recipient and any subrecipient shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (OMB Circular A -I 10) 3, 44 CFR part 10, Environmental Considerations B. Cost Principles I. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A- 87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Non -Profit Organizations (OMB Circular A-122) 4. 48 CPR 31.2, Federal Acquisition Regulations (FAR), Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations 9. PROHIBITION ON USING FEDERAL FUNDS: The recipient understands and agrees that it cannot use any Federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. 10. COMPLIANCE WITH PROGRAM GUIDANCE: The recipient agrees that all allocations and use of funds under this grant will be in accordance with the Program guidance and application kit. 11. CLASSIFIED SECURITY CONDITION: A. Classified national security information, as defined in Executive Order (EO) 12958, as amended, means information that has been determined pursuant to EO 12958 or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. B. No funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information if the award recipient has not been approved for and has access to such information. C. Where an award recipient has been approved for and has access to classified national security information, no funding under this award shall be used to support a contract, subaward, or other agreement for goods or services that will include access to classified national security information by the contractor, subawardee, or other entity without prior written approval from the DHS Office of Security, Industrial Security Program Branch (ISPB), or an appropriate official within the Federal department or agency with whom the classified effort will be performed. D. Such contracts, subawards, or other agreements shall be processed and administered in accordance with the DHS "Standard Operating Procedures, Classified Contracting by States and Local Entities," dated July 7, Initials 2008; EOs 12829, 12958, 12968, as amended; the National hidustrial Security Program Operating Manual (NISPOM); and/or other applicable implementing directives or instructions. All security requirement documents are located at: http://www.dhs.gov/xopnbiz/fzrants/index.slitm E. Immediately upon determination by the award recipient that funding under this award will be used to support such a contract, subaward, or other agreement, and prior to execution of any actions to facilitate the acquisition of such a contract, subaward, or other agreement, the award recipient shall contact ISPB, or the applicable Federal department or agency, for approval and processing instructions. DHS Office of Security ISPB contact information: Telephone: 202-447-5346 Email: DD254AdnrinistrativeSecurityLi�dhs.>ov Mail: Department of Homeland Security Off -ice of the Chief Security Officer ATTN: ASD/Industrial Security Program Branch Washington, D.C. 20528 12. REPORTING SUBAWARD AND EXECUTIVE COMPENSATION: A. Reporting of first-tier subawards. I. Applicability. Unless you are exempt as provided in paragraph D. of this award term, you must report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds (as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph E. of this award term). 2. Where and when to report. a.You must report each obligating action described in paragraph A.I. of this award term to hap_//www.fsrs. ov. b.For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2012, the obligation must be reported by no later than December 31, 2012.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.Qov specify. B. Reporting Total Compensation of Recipient Executives. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if- a.The total Federal funding authorized to date under this award is $25,000 or more; b.in the preceding fiscal year, you received - i. 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and c.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http_//www. sec.gov/an swers/exeecomp. Initials 2. Where and when to report. You must report executive total compensation described in paragraph B.1. of this award term: a.As part of your registration profile at http://www.sam.aov. b.By the end of the month following the month in which this award is made, and annually thereafter. C. Reporting of Total Compensation of Subrecipient Executives. 1. Applicability and what to report. Unless you are exempt as provided in paragraph D. of this award term, for each first-tier Subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year if- a.in the subrecipient's preceding fiscal year, the subrecipient received - i. 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and ii. $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CPR 170.320 (and subawards); and b.The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at littp://www.sec,LQv//answers/execorr p lthn.) 2. Where and when to report. You must report Subrecipient executive total compensation described in paragraph C.1. of the award term: a.To the recipient. b.By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October I and 31), you must report any required compensation information of the Subrecipient by November 30 of that year. D. Exemptions. 1. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: a.Subaward, and b.The total compensation of the five most highly compensated executives of any Subrecipient. E. Definitions. For purposes of the award terms: Entity means all of the following, as defined in CFR §25.320: a.A Governmental organization, which is a State, Local government, or Indian Ttribe; b.A foreign public entity; c.A domestic or foreign nonprofit organization; d.A domestic or foreign for-profit organization; e.A Federal agency, but only as a Subrecipient under an award or subaward to a non -Federal entity 2. Executive means officers, managing partners, or any other employees in management positions, as defined in2 CPR § 170.315. 3. Subaward, as defined in 2 CRF § 170.325: Initials a.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b.The term docs not include your procurement of property and services needed to carry out the project or program (for further explanation , see Sec.___ 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations"). c. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract. 4. Subrecipient, as defined in 2 CFR §25.360 means an entity that: a.Receives a subaward from you (the recipient) under this award; b.Is accountable to you for the use of the Federal funds provided by the subaward. 5. Total compensation, as defined in 2 CPR §170.330 means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): a. Salary or bonus. b.Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. c. Earnings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. d. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. e. Above -market earnings on deferred compensation which is not tax -qualified. f. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and applicant may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the applicant has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 1, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective jurisdiction to the assurances and certifications listed above, I. lur Iscliction (Printed) �I? ._... _.- ups �.�-.-. ,.e,. _, �73y (Author r cd Signature) IE is ;Printed Nome and Title gfPerson Signing Initials itiiE' � SlI1 )7�C Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 14-323 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-ennore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 1012312014 CITY OF LAKE52 LSINOKE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH GHD, INC., FOR DEVELOPMENT OF A BUILDING FACILITIES MAINTENANCE AND REPLACEMENT MASTER PLAN, PROJECT Z30000 Recommendations Award contract for the Facilities Master Plan project to GHD, Inc., in the amount not to exceed $70,544. Establish a project program budget of $81,126 (includes a 15% contingency). 2. Authorize the City Manager to execute the contract and any project change orders with GHD, Inc., up to the limits of the established program budget. Background The City of Lake Elsinore desires to inventory and assess the physical and safety conditions of its current public building facilities and amenities in order to develop a Building Facilities Maintenance and Replacement Master Plan (FMP). The FMP will identify short and long-term maintenance and replacement needs and will guide the City in identifying, prioritizing, and optimizing capital maintenance and replacement expenditures, understanding the risks of failure of the various facility elements, systems, and amenities, and to preserve and sustain the City's public building assets for existing and future users. Discussion The FMP project will include: assessment of fifteen (15) public buildings and facilities, assessment of the Lake's axial pump flow destratification system, evaluation of the condition and operational preparedness of all Life -Safety systems, map development of City building facilities as a Geographic Information System (GIS) layer, and an ADA Transition Plan. Professional Services Agreement with GHD, Inc., for Project Z30000 October 28, 2014 Page 2 The City invited proposals from qualified consulting firms on September 5, 2014 and received two proposals in response to its "Request for Proposal' for asset management services: Consultant City Bid Amount GHD, Inc. Irvine $ 70,544 Civil Source Irvine $199,655 All proposals were carefully reviewed and ranked based on project understanding and approach. As a result, GHD, Inc., was selected as the most qualified to perform the required scope of work. Fiscal Impact This project is included in the Fiscal Year 2014/2015 Capital Improvement Plan Budget, Project No. Z30000 using multiple funding sources; the current available budget is $150,000 and comprises of the following funding sources: Prepared by: Mia Beltran Management Analyst Approved by: Vince Damasse, P.E. Director of Public Works Approved by: Grant M. Yates City Manager Attachments: Agreement for Professional Services (PSA) AGREEMENT FOR PROFESSIONAL SERVICES GHD, Inc. Proposal for Development of a City Building Facilities Maintenance and Replacement Master Plan This Agreement for Professional Services (the "Agreement") is made and entered into as of October 28, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and GHD, Inc., a Consulting firm ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: inventory and assessment of the physical and safety conditions of its current building facilities and amenities in order to develop a Building Facilities Maintenance and Replacement Master Plan. B. Consultant has submitted to City a proposal, dated October 9, 2014, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Professional Services Agmt Facilities MP Page 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed Seventy Thousand Five Hundred Forty Four Dollars ($70,544) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. 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. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor'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 Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. Reserved. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 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 Page 2 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. 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. Page 3 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. 10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. 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).) 12. 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 Page 4 standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 13. 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. 14. 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. Consultant shall maintain a City of Lake Elsinore business license. 15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, 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 Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with Page 5 the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. 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. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. 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. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto'). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. 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 a Best's 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 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. Page 6 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 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: 17. 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 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: GHD, Inc. Attn: Colin Chung 16451 Scientific Way Irvine, CA 92618 18. 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. 19. 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. Page 7 20. 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 B. 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 B 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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 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. 26. 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. 27. 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. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services, and/or (d) suspend or terminate the Agreement. 28. 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 therefrom. 29. 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. 30. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. 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. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal GHD, Inc., a Consultant corporation Grant Yates, City Manager By: Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal Exhibit B — List of Subcontractors Page 10 MAM11,011 CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A E \!00 0 \ - �� \\\ E \!00 0 \\\ \\} os o \\ E G » _ 0 28 �\ JE07 Section 4 Scope of Work Project Approach GHD will work in collaboration with City stakeholders to develop a Park Facilities Maintenance and Replacement Master Plan for 18 individual Parks including energy and water use audit and an ADA transition sub -plans. The electronic data collected during the course of the project will serve two key purposes: firstly it will be organized to allow for inclusion into the City's existing systems. Secondarily it will serve as the foundation to drive an executive level business intelligence dashboard designed to guide prioritization and funding decisions required for effective master planning. Our goal is not to simply provide a document representing a snapshot in time but rather a system that allows the City to evaluate asset condition and priorities at any time during the current and future fiscal cycles. By building the required information into the City's existing information systems, City staff can incorporate asset management into their daily activities. While this approach is effective for Parks, the same concept can be applied to City owned buildings or any other municipal asset class. Our flexible framework will allow for the incorporation of additional assets as business needs arise. By keeping data integrated and current, the City will have taken several steps towards a city-wide framework for asset management and master planning. A successful and sustainable asset management program must be balanced across core asset management elements. Because no two organizations are exactly alike, our approach will not replicate our past projects, but rather leverage our previous experience to develop an appropriate asset management program for the City. As illustrated in the figure below, a comprehensive asset management program needs to balance the levels of service expected, the cost to provide those services, and the mitigate the risks associated with providing those services. In addressing the City's request, our project approach is proposes two phases illustrated in the figure below. The first phase focuses on information gathering by identifying the assets owned and managed, quantifying levels of service and associated risks. Drawing upon the first phase, the second phase projects the future needs and management strategies to meet the required levels of service. The major tasks of each phase are detailed and explained below. 9entification and Ounntificatir I The focus of Phase 1 is to establish a foundation to facilitate an organized, logical, and data -driven approach to decision-making. This phase will raise the awareness of core concepts of asset management allowing for incorporation into the City's processes. This will be accomplished through workshop, meetings, the creation of an asset register, the establishment of levels of service, and the development of tools and methodologies to consistently and transparently analyze the asset failure modes, residual lives, replacement costs and risks. The Phase 1 tasks include the following: • Task 1 - Kick-off Meeting • Task 2 - Key Concepts Workshop • Task 3 -Asset Register Development • Task 4 - Asset Inventory / Condition Assessment • Task 5 - Master Plan Analysis o Identify Failure Modes o Determine Residual Lives o Determine Levels of Service o Assess Risk o Development Management Strategies o Asset Management System Recommendation The focus of Phase 2 is to apply the data -driven approach to decision-making based on information gathered during Phase 1. The analysis will evaluate, forecast, and prioritize activities for the assets in the respective asset management systems. Guided by the forecasts generated and through interactive scenario building, GHD will produce the asset management plan to document and describe the City's asset management requirements. The Phase 2 tasks include the following: Task 6 - Develop Master Plan: o CIP Recommendations o Energy and Water Use Recommendations o ADA Transition Plan o Photos, Data and Maps Task 7 - City Council Presentation GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 112 Key elements of our approach are continuous improvement and knowledge transfer, which we plan to accomplish through interviews and workshops throughout the course of the project. GHD's recommended approach is to provide a key concepts workshop at the inception of the project and to continue to provide City staff advice during the development of methodologies and outputs. This process reinforces the core concepts of asset management throughout the project. Proposed Scope of Services The following tasks are proposed to meet the City's Park Master Plan needs. These tasks are developed in alignment with the City's request as well as international asset management best practices. These tasks will be conducted in a repeatable fashion for each asset class to provide a consistent result (i.e. Grounds and Structures). Task 0 — Project Management This task is dedicated for project management duties, which include regular communication, project updates with the City, internal project coordination, workshop and presentation scheduling, and budget tracking and invoicing. All invoices will include: Project name; Period for which invoice is submitted; Invoice amount, total invoiced to -date, and remaining budget balance; Invoice number; Task name; Percent completed; and, Each employee's name, hours of work, rate, and total charge. Task 1 - Kickoff Meeting In order to initiate the project, GHD will hold a kickoff meeting with the core members of the City's asset management team. The purpose of the meeting is to introduce the key project team members, review scope of work and schedule, discuss expectations, and list the information and data needed from the City for the project. In addition, GHD discuss the asset management training session. GHD would like to gain information on participants (e.g., who, how many, when, where).This information will help us develop a Master Plan that best meets the needs of the City. Task 2 — Key Concepts Workshop GHD proposes providing a half day asset management key concepts workshop. The goal of which is to ratify specific expectations while conveying core asset management concepts and methodologies. Though the course of delivering numerous projects, GHD has found that people differ on their level of understanding of asset management. These workshops are designed to get stakeholder'speaking the same language' while establishing a common vision for the City. Our workshops were developed in conjunction with the US EPA -Advanced Asset Management. It will briefly cover the introductory asset management materials and quickly focus on the core concepts and methodologies of asset management. Among others, the materials covered in this training will include: • Asset register development • Remaining life calculation • Level of service establishment • Risk assessment • Management strategy development • Project validation and prioritization GHD will develop sample case studies and work with the participants to solve them. This interactive process will help reinforce the key concepts through direct engagement. The workshop will also serve as a mechanism to assist in the identification of any relevant information sources. Although the RFP mentions that data availability may be limited arranging follow-up interviews with stakeholders often yields important local knowledge helpful in developing management strategies. Participation by key City staff is highly recommended. GHD would also encourage the participation of any City staff interested in learning about asset management. Task 3 - Asset Register Development Determination of the current state of Park assets requires knowledge of all assets classes therein owned and managed by the City. This step begins with the consolidation of the assets classes into a centralized database, an asset register. An asset register provides a framework to records and documents all of the City's assets in an intuitive manner. It also informs the core strategy for data relationship between asset -related information systems and enables the assessment of the assets as individual components, composite assets, or asset group. An asset register will be developed for the Parks system encompassing all related asset classes but will allow for the incorporation of other assets systems such as buildings. Once an asset register is developed for each system, at the City's request, it can be consolidated in to a single citywide asset register with each asset management system differentiated in the asset hierarchy. Developing an asset register includes the following assets and associated attributes: Park Grounds o Site Furnishings, such as benches, waste and recycling receptacles, tables and picnic tables. o Parking Lots, including ADA -accessible spaces and paths, circulation, and signage and striping. o Playgrounds, including playground equipment, associated surface improvements such as fall - protection surfaces, pathways to playground and equipment. o Ball fields and bleachers. o Passive and active recreation and play areas. o Turf, vegetation, plantings, and irrigation systems. o Sidewalks, trails, and other paths which connect facilities within the park and to the public right-of-way. GHD 1 City Park Facilities Maintenance and Replacement Master Plan 1 City of Lake Elsinore 113 Park Structures o Open Structures (such as gazebos, shade structures, picnic shelters, etc.), including architectural, structural, flooring, and roofing systems and architectural finishes (e.g., paint, cladding). o Storage Structures, including architectural, structural, ventilation, heating and cooling, wall, flooring, and roofing systems, as well as architectural finishes (e.g., paint cladding, siding, stucco). o Restroom facilities, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). D Concession facilities, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling systems, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). Announcement and storekeeping booths, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). La Laguna Campgrounds: U Lighting o Potable and non -potable water facilities o Restrooms and all sanitary facilities o Pavement condition Health and condition of existing trees, including an assessment of trimming needs, safety concerns Internal ADA accessibility and to nearby public facilities Asset Consolidation. For the Parks asset management system, GHD will consolidate asset information into a central asset register. Given the comprehensive field mapping and condition assessment GHD anticipates being about to accomplish the Master Plan without supplemental data however a best effort will be made to leverage any relevant existing data. Sources of data may be the City's existing information systems (e.g., GIS, maintenance management systems) and/or other data sources (e.g., spreadsheets, documents). For each asset management system, data gaps (missing assets and attributes) will be identified and discussed with the City. Based on the findings, GHD will recommend a strategy to best close the data gaps. The following steps will be taken to organize the data into a intuitive browsable hierarchy. Asset Definition. What is an asset? What is a component? It is critical for the City to have a consistent definition of an asset for all asset management systems. For each asset management system, GHD will review the City's current asset definition with respect to asset management best practices. If the City does not have a formal asset definition, GHD will work with the City to establish one. Defining an asset will allow the City to filter assets that should be managed in the maintenance management systems versus assets that should be tracked in the inventory database. Asset Hierarchy. An asset hierarchy provides a structured framework for organizing assets in the asset register. A hierarchy will enable the City to easily locate an asset and obtain data (e.g., valuation, risk, remaining life, budget) required to support asset management decisions. The hierarchy must have a structured relationship (Parent -Child) that allows consistent roll -up and drill -down of cost data. For each asset management system, GHD will review the City's current asset hierarchy with respect to asset management best practices. Where appropriate, GHD will work with the City to develop/refine the asset hierarchy to align with asset management best practices. With the asset hierarchy of each asset management system complete, GHD will develop a citywide hierarchy that incorporates all asset management systems. This citywide level will allow the decision makers to understand the need at the citywide and asset management system level. Asset Classes. For each asset management system, there will be thousands of assets listed in the asset register. For efficiency, these assets will be grouped into asset classes. An asset class can be defined as a group of assets with similar type, function, useful life, and pricing attributes (e.g., size, material, power). GHD will utilize the unique characteristics of asset classes to model each asset's lifecycle cost. GHD will review the City's current list of asset classes with respect to effectiveness, duplication, consistency, and attributes. Where appropriate, GHD will provide recommendations for improvement or will work with City staff to develop the appropriate asset classes required to support the asset management plan. Asset Naming and Numbering Convention. For each asset management system, GHD will review the City's current asset naming and numbering convention with respect to asset management best practices and, where appropriate, recommend improvements. Asset naming/numbering must be unique, and numbering schemes should be aligned with the developed asset hierarchy. The asset naming/numbering convention must be consistent and transparent and will be documented as part of our Knowledge Transfer practices. Asset Management Data Standards. For each asset management system, GHD will identify data attributes required to support asset management decisions. Data standards identify data attributes required to support asset management decisions. There are common attributes (e.g., year of install, replacement cost, asset naming/numbering) and specific attributes (e.g., type, power, size, material) for each asset class. Data standards provide a consistent approach toward the GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 114 understanding, collection, and management of asset data. GHD will work closely with City staff during the development of the asset register and will focus on the values of Collaboration and Knowledge Transfer. At the end of this task, GHD will provide the City with the asset register in the format compatible with the City's existing systems. Task 4 — Asset Inventory 1 Condition Assessment During the asset register development phase, it is anticipated that it will be difficult to complete the asset register for some asset management systems due to availability of asset data. GHD will perform the asset inventory and condition assessment for each asset class in order to acquire the current and accurate data required for sound analysis. The inventory process will either require physical site visit and/or examinations of the City's GIS and/or other orthophotos (e.g., USGS, Google Maps). Physical inventory will be limited to accessible assets. Underground assets (e.g., pipes, catch basins, manholes) will not be included in the physical inventory process When performing site visits, GHD will take photos, collect data attributes, record GIS coordinates, note any immediate maintenance and/or capital needs, and perform visual condition assessment to help determine the remaining life of the asset. Condition assessment will be performed by GHD engineers. Assets identified as in poor condition will be shared with the City. For all assets in the asset register, a condition score will be assigned. These condition scores may be from visual field inspection, existing condition data, workshops and interviews with field and engineering staff, and/or estimation based on age. The condition score will drive the remaining life estimation and the probability of failure. Energy and Water Use Audits The energy and water use audits will start by evaluating the historical use based on energy and water bills provided by the City. The current energy and water use will be compared (benchmark) to other facilities with similar size and function. During the site visit, a GHD inspector will identify and document any saving opportunities such as fixture retrofits, irrigation system upgrade, and solar power generation. ADA Assessment During the site visit, a GHD inspector will also identify and document any physical obstacles that limit the accessibility of an individual with disabilities. Among others, the evaluation will focus on accessible approach and entrance, access to goods and services, access to public toilet rooms, and access to other items such as drinking fountains and public telephones. For each of the obstacles identified, a method to fix the problem will be provided. Task 5 — Master Plan Analysis Once the field data collection activities are complete, data analysis begins. GHD follows the ISO 55000 industry standard approach to ensure consistency and accuracy of results. Task 5.1 - Identify Failure Modes An important component of asset management is to identify and manage the imminent failure mode of any asset. From an asset management perspective, assets can fail in one of four ways: o Mortality- occurs when an asset is no longer useful due to physical failure (e.g., pipe wall collapse). Condition is a primary indicator for mortality failure. o Capacity - occurs when an asset, regardless of its physical condition, fails to meet the capacity required by the demands of customers, processes, or systems. o Level of service - occurs when an asset fails to meet the service level established for that asset. o Financial efficiency- occurs when there is a lower cost alternative replacement option to operating and maintaining an asset (i.e., high life cycle cost). Understanding the failure mode of an asset will allow the City to apply the right treatment option to maximize benefit. Each failure mode, where appropriate, will have a timing associated with it. For example, an asset could have 20 years remaining before mortality failure, 50 years before level of service failure, and 60 years before financial failure, but 2 years remaining before capacity failure. In this scenario, the remaining useful life of the asset will be 2 years, and the correct treatment will be to increase the capacity of the asset through redesign. For each asset in the respective asset management system, GHD will identify the driving failure mode and its respective remaining life. Task 5.2 — Determine Residual Lives As indicated in Task 5, the imminent failure mode drives the remaining or residual life of an asset. The residual lives for each failure mode (mortality, capacity, level of service, and financial efficiency) will be calculated, and the shortest residual life will be used to drive the management decisions (e.g., rehabilitate, replace). Where historical condition assessment data is available, GHD will use statistical analyses to determine the deterioration pattern and the associated asset residual life. For all assets in the asset register, GHD will calculate the residual live to identify the timing of the management decision and its associated cost. GHD 1 City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 116 50 `g a% lox zo% 30% 0% 60% so% lox Sox sox 1M3 Percent of Life Consumed Task 5.3 — Determine Replacement Costs Working together with the City's staff, GHD will consolidate and review historical replacement cost data and use it to determine the current replacement cost for each asset in the asset register. Where replacement cost data against an asset is not available, GHD will provide an estimated replacement cost by using our own cost database. Various valuation strategies (unit cost, cost curves) may be developed for efficiency. GHD will review the replacement costs with the key members of the City staff to ensure reasonableness. For each asset management system, GHD will assign a replacement cost to every asset in the asset register. Replacement cost can be rolled up through the asset hierarchy to establish the estimated valuation of an asset management system. In addition to conducting valuation of existing assets, GHD will also providing cost estimate for proposed upgrade towards meeting ADA compliance and achieving efficient energy and water use. �x Task 5.4 — Document Level of Service Levels of Service (LOS) are defined as the standard and quality of services to be provided. Defining and documenting the LOS enables the City to establish the relationship and balance between the LOS and the cost of service. The key objective of asset management is to balance LOS, cost of service, and risk. Once the cost of service is better understood, the City can improve efficiency through better processes and risk mitigation. GHD will work with the City to develop a LOS framework on two levels: strategic and tactical. The strategic LOS aim to capture the overarching expectation of the City's services (e.g., meeting regulatory requirements, maintain customer satisfaction, financial sustainability). The tactical LOS focus on developing measurable performance indicators necessary to achieve the strategic levels of service (e.g., pavement condition, facility down time, emergency response time). The LOS will be established considering the triple bottom line factors (economic, environment, and social) of sustainability. Once the LOS is established, the current performance will be assessed and future performance target will be defined. For each asset management system, GHD will help establish appropriate levels of service and develop a mechanism to track performance. Task 5.5 — Assess Risk Business Risk Exposure (BRE) is a measurement used to estimate an asset's risk to the City. BRE will be used to help prioritize asset management decisions. A BRE methodology is composed of three major elements. BRE = PoF x CoF x Redundancy PoF (Probability of Failure) measures the asset's likelihood of failure with respect to the imminent failure mode. CoF (Consequence of Failure) evaluates the direct and indirect impacts of a failure against the triple bottom line factors. Redundancy adjusts the probability of failure based on available redundancy in the system. Through workshops, GHD will work with the City to determine the methodology and BRE score for each asset in the asset register. Every asset will have a PoF, CoF, and BRE score. These values will help determine the timing and criticality of the asset's need. The BRE values will be used to help consistently prioritize the work and budget. For all assets, BRE assessment results will be recorded in the asset register. Where appropriate, risk maps, in the form of GIS layers, will be developed to provide a visual display of the PoF, CoF, and BRE results. For facilities, risk summary graphs will be developed to help highlight those facilities in need. GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 116 ProbabilLLy Failuro LOW Conaequancoa of Failure High Task 5.6 — Develop Management Strategies & Future R&R Projection Management strategies are logics developed to model the life cycle behavior and needs of an asset. Depending on the asset or the asset class, a management strategy will identify how long the asset is expected to last, how it will deteriorate, what kinds of refurbishments are required, how much risk the City is willing to accept, etc. It sets the triggers for a computer model to understand when an action needed and how much investment is required. A key outcome of an asset management plan is to help the City move away from reactive maintenance and replacement & rehabilitation (R&R) activities and instead move toward a proactive method of managing assets. The main part of being proactive is to understand the work and budget required to maintain the system at a reliable level of performance and customer service expectations. Once the future need is known and understood, the City can better prepare and prioritize based on the risk assessment results. GHD will use our asset management tool to model the future R&R projection. This tool is capable of incorporating the developed asset register and management strategies to calculate the life cycle cost of ownership for each asset in the asset register. For each asset management system, GHD will model the City's capital budget requirements to sustain the delivery of the City's infrastructure. For the analyses, the City can select any planning horizons (e.g., 10 -year, 25 -year, 50 -year, 100 -year). Refer to Figure 1 below. It is recommended that the planning horizon be long enough to capture a full life cycle of all assets. Structure assets typically have long useful lives. As such, a longer planner horizon (i,e., 100 years) will ensure that the City's assets will have a projected R&R before the end of the planning horizon. As an output, the tool will identify the following for each year: o Assets requiring action (R&R decision) o Type of action required o Estimated cost of each action o Risk assessment score for prioritization o Estimated total budget required for the year The long-range R&R needs projection will be available at different levels within the asset hierarchy (e.g., citywide, facility and individual asset level). Refer to Figure 2 below. The long-range investment needs projection establishes the future financial requirements necessary to provide a sustainable service. Task 6 — Develop Master Plan Using the outcomes from the tasks above, GHD will develop a sub plan for each of the City's parks. The sub plan will include 5 -year CIP recommendations, results and recommendations of energy and water use audits, ADA transition plan, and GIS map. Additionally, a complete master plan will be developed to summarize the findings for all parks and campground included in the study. Task 6.1 5 -Year CIP Recommendation The 5 -year CIP recommendation will be developed based on the output of GHD asset management tool. The tool is capable of generating future outlook of Replacement & Rehabilitation needs at any period within the planning horizon (e.g., 5 -year, 10 -year, 20 -year). The CIP list will developed for each facility and prioritized by BRE scores of the assets. Task 6.2 Sub -Plans with Energy and Water Use Recommendation The Sub -Plans will summarize the findings during site visit/facility inspection, asset valuation, management strategy, risk assessment, long-range investment, and 5 - year CIP. Additionally, results and recommendation of energy and water use audits and ADA evaluation will also be included. Task 6.3 ADA Transition Plan With input from the City, ADA evaluation notes recorded during site visits will be summarized into an ADA transition plan. The plan includes the summary of compliance and non-compliance items, upgrade methods to meet ADA requirements, improvement prioritization, and cost estimate of the proposed improvement. The ADA transition plan will be included as an appendix to the Master Plan. Task 6.4 Mapping/GIS Data Preparation Coordinates of assets recorded during field asset inventory will be converted into GIS layers and will be provided to the City. Individual facility map will be included in facility sub -plan. Final results will be mapped thematically according to risk score (green/low, yellow/medium, red/high) and provided in a format suitable for incorporation into the City's ESRI platform as well as Google's Earth's KML format. Refer to Figure 3 below. Task 7 — Presentation of the Asset Management Program If requested by the City, GHD will collaborate in presenting the asset management progress and findings to the City Council and Commissions. GHD will work closely with the key members of the City management staff to develop the presentation materials. GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 117 Figure 1 ,, - =-7- EF: - .« m City of Sunshine s�m��arvoras,.�mro,�,aim� 1 i i negacew�vaenawrwue. aonm Figure 2 1x -�: , . . � i a <a �e (2 s GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 118 suw � i a <a �e GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 118 Proposed Project Schedule GHD's proposed schedule is presented below. GHD assumed the project will take about 8 months to complete, starling in November 2014 and completing in July 2015. 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Teo4/26/15 Toc 5/19/15 7,19 P,,nnoiaa Took 6.50evelop Marler I,." Wed S/20/15 Tue 6/9/35 18.19,20 Plan 22 Task).O41y Counol Master Ida, 1e]/]1/I$ Tue)/21/15 2I1Sr29days PlanPmnnlale- n�a-ai.kaivily 1 wm .— 'not, dead'. .,.,,. k ITaW ne V 5u mary IS ry P�o3reaa • E Mi le—eal 1—one py�yy�y 5 k a' o —� GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 120 L 3 Y N p O O l0 O N N p O N O O N O N N � m NI C m c g U .. 0 N m m EXHIBIT B LIST OF SUBCONTRACTORS N/A W019M 7 Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 14-324 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 7 Printed on 10/23/2014 CITY OP .int LADE LSIfA0R JE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH GHD, INC., FOR DEVELOPMENT OF A CITY PARK FACILITIES MAINTENANCE AND REPLACEMENT MASTER PLAN, PROJECT 4106 Recommendations Award contract for the Parks Master Plan Update project to GHD, Inc., in the amount not to exceed $81,352. Establish a program budget of $93,555 (includes a 15% contingency). 2. Authorize the City Manager to execute the contract and project change orders with GHD, Inc., up to the limits of the established program budget. Background The City of Lake Elsinore desires to inventory and assess the physical and safety conditions of its current public park facilities and amenities in order to develop a City Park Facilities Maintenance and Replacement Master Plan (PFMP). The PFMP will identify short and long-term maintenance and replacement needs and will guide the City in identifying, prioritizing, and optimizing capital maintenance and replacement expenditures, understanding the risks of failure of the various facility elements, systems, and amenities, and to preserve and sustain the City's public building assets for existing and future users. Discussion The PFMP project will include: inventory and assessment of eighteen (18) public parks, assessment of the La Laguna campgrounds, evaluation of the condition and operational preparedness of all Life -Safety systems, map development of City park facilities as a Geographic Information System (GIS) layer, and an ADA Transition Plan. Professional Services Agreement with GHD, Inc., for Project Z30000 October 28, 2014 Page 2 The City invited proposals from qualified consulting firms on September 9, 2014 and received three proposals in response to its "Request for Proposal' for asset management services: Consultant City Bid Amount GHD, Inc. Irvine $81,352 Civil Source Irvine $93,566 Berger/ABAM Lake Elsinore $551,304 All proposals were carefully reviewed and ranked based on project understanding and approach. As a result, GHD, Inc., was selected as the most qualified to perform the required scope of work. Fiscal Impact Sufficient funds were approved in the adopted CIP budget for FY 14/15 for project number Z3000. Prepared by: Mia Beltran Management Analyst Approved by: Vince Damasse, P.E. Director of Public Works Approved by: Grant M.Yates City Manager Attachments: Agreement for Professional Services (PSA) AGREEMENT FOR PROFESSIONAL SERVICES GHD, Inc. Proposal for Development of a City Park Facilities Maintenance and Replacement Master Plan This Agreement for Professional Services (the "Agreement") is made and entered into as of October 28, 2014, by and between the City of Lake Elsinore, a municipal corporation ("City") and GHD, Inc., a Consulting firm ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: inventory and assessment of the physical and safety conditions of its current park facilities and amenities in order to develop a Park Facilities Maintenance and Replacement Master Plan. B. Consultant has submitted to City a proposal, dated October 9, 2014, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Form Professional Services Agmt Parks MP Page 1 C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant's Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed Eighty One Thousand Three Hundred Fifty Two dollars ($81,352) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. 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. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor'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 Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. 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. Page 2 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. 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 Page 3 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. 8. 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. 9. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 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).) 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. Page 4 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. Consultant shall maintain a City of Lake Elsinore business license. 14. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, 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 Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. Page 5 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. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. 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. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. 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 a Best's 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 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. Page 6 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 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 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: GHD, Inc. Attn: Colin Chung 16451 Scientific Way Irvine, CA 92618 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 B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all Page 7 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 B 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. 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 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. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change, (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 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 therefrom. 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. 29. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ('Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 30. 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. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" "CONSULTANT" CITY OF LAKE ELSINORE, a municipal GHD, Inc., a Consultant corporation Grant Yates, City Manager By. Its: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Attachments: Exhibit A — Consultant's Proposal Exhibit B — List of Subcontractors Page 10 EXHIBIT A CONSULTANT'S PROPOSAL [ATTACHED] EXHIBIT A \ cu �2 : E a \\ }\6 . �\ , \� ) })\) \75 / q N N i i I '' iii m c U U m @ice E I E C C ¢ W W O U m l m m E m 'n N 'c 2¢ �\ C E E v w o m �i v w m LL E ¢ N N a G o T a C v L a T Oi ,L d E .c10 a U m N Section 4 Scope of Work Project Approach GHD will work in collaboration with City stakeholders to develop a Park Facilities Maintenance and Replacement Master Plan for 18 individual Parks including energy and water use audit and an ADA transition sub -plans. The electronic data collected during the course of the project will serve two key purposes: firstly it will be organized to allow for inclusion into the City's existing systems. Secondarily it will serve as the foundation to drive an executive level business intelligence dashboard designed to guide prioritization and funding decisions required for effective master planning. Our goal is not to simply provide a document representing a snapshot in time but rather a system that allows the City to evaluate asset condition and priorities at any time during the current and future fiscal cycles. By building the required information into the City's existing information systems, City staff can incorporate asset management into their daily activities. While this approach is effective for Parks, the same concept can be applied to City owned buildings or any other municipal asset class. Our flexible framework will allow for the incorporation of additional assets as business needs arise. By keeping data integrated and current, the City will have taken several steps towards a city-wide framework for asset management and master planning. A successful and sustainable asset management program must be balanced across core asset management elements. Because no two organizations are exactly alike, our approach will not replicate our past projects, but rather leverage our previous experience to develop an appropriate asset management program for the City. As illustrated in the figure below, a comprehensive asset management program needs to balance the levels of service expected, the cost to provide those services, and the mitigate the risks associated with providing those services. In addressing the City's request, our project approach is proposes two phases illustrated in the figure below. The first phase focuses on information gathering by identifying the assets owned and managed, quantifying levels of service and associated risks. Drawing upon the first phase, the second phase projects the future needs and management strategies to meet the required levels of service. The major tasks of each phase are detailed and explained below. � phase IF d Identlficatlon& Phase 1: Identificatif. on o Quantltlwtlon � 1 H CPhase 2: G Documen[atlon O u .w The focus of Phase 1 is to establish a foundation to facilitate an organized, logical, and data -driven approach to decision-making. This phase will raise the awareness of core concepts of asset management allowing for incorporation into the City's processes. This will be accomplished through workshop, meetings, the creation of an asset register, the establishment of levels of service, and the development of tools and methodologies to consistently and transparently analyze the asset failure modes, residual lives, replacement costs and risks. The Phase 1 tasks include the following: • Task 1 - Kick-off Meeting • Task 2 - Key Concepts Workshop • Task 3 -Asset Register Development • Task 4 - Asset Inventory / Condition Assessment • Task 5 - Master Plan Analysis o Identify Failure Modes o Determine Residual Lives o Determine Levels of Service o Assess Risk o Development Management Strategies o Asset Management System Recommendation The focus of Phase 2 is to apply the data -driven approach to decision-making based on information gathered during Phase 1. The analysis will evaluate, forecast, and prioritize activities for the assets in the respective asset management systems. Guided by the forecasts generated and through interactive scenario building, GHD will produce the asset management plan to document and describe the City's asset management requirements. The Phase 2 tasks include the following: Task 6 - Develop Master Plan: o CIP Recommendations o Energy and Water Use Recommendations o ADA Transition Plan o Photos, Data and Maps Task 7 - City Council Presentation GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 112 Key elements of our approach are continuous improvement and knowledge transfer, which we plan to accomplish through interviews and workshops throughout the course of the project. GHD's recommended approach is to provide a key concepts workshop at the inception of the project and to continue to provide City staff advice during the development of methodologies and outputs. This process reinforces the core concepts of asset management throughout the project. Proposed Scope of Services The following tasks are proposed to meet the City's Park Master Plan needs. These tasks are developed in alignment with the City's request as well as international asset management best practices. These tasks will be conducted in a repeatable fashion for each asset class to provide a consistent result (i.e. Grounds and Structures). Task 0 — Project Management This task is dedicated for project management duties, which include regular communication, project updates with the City, internal project coordination, workshop and presentation scheduling, and budget tracking and invoicing. All invoices will include: Project name; Period for which invoice is submitted; Invoice amount, total invoiced to -date, and remaining budget balance; Invoice number; Task name; Percent completed; and, Each employee's name, hours of work, rate, and total charge. Task 1 - Kickoff Meeting In order to initiate the project, GHD will hold a kickoff meeting with the core members of the City's asset management team. The purpose of the meeting is to introduce the key project team members, review scope of work and schedule, discuss expectations, and list the information and data needed from the City for the project. In addition, GHD discuss the asset management training session. GHD would like to gain information on participants (e.g., who, how many, when, where).This information will help us develop a Master Plan that best meets the needs of the City. Task 2 — Key Concepts Workshop GHD proposes providing a half day asset management key concepts workshop. The goal of which is to ratify specific expectations while conveying core asset management concepts and methodologies. Though the course of delivering numerous projects, GHD has found that people differ on their level of understanding of asset management. These workshops are designed to get stakeholder'speaking the same language' while establishing a common vision for the City. Our workshops were developed in conjunction with the US EPA -Advanced Asset Management. It will briefly cover the introductory asset management materials and quickly focus on the core concepts and methodologies of asset management. Among others, the materials covered in this training will include: • Asset register development • Remaining life calculation • Level of service establishment • Risk assessment • Management strategy development • Project validation and prioritization GHD will develop sample case studies and work with the participants to solve them. This interactive process will help reinforce the key concepts through direct engagement. The workshop will also serve as a mechanism to assist in the identification of any relevant information sources. Although the RFP mentions that data availability may be limited arranging follow-up interviews with stakeholders often yields important local knowledge helpful in developing management strategies. Participation by key City staff is highly recommended. GHD would also encourage the participation of any City staff interested in learning about asset management. Task 3 - Asset Register Development Determination of the current state of Park assets requires knowledge of all assets classes therein owned and managed by the City. This step begins with the consolidation of the assets classes into a centralized database, an asset register. An asset register provides a framework to records and documents all of the City's assets in an intuitive manner. It also informs the core strategy for data relationship between asset -related information systems and enables the assessment of the assets as individual components, composite assets, or asset group. An asset register will be developed for the Parks system encompassing all related asset classes but will allow for the incorporation of other assets systems such as buildings. Once an asset register is developed for each system, at the City's request, it can be consolidated in to a single citywide asset register with each asset management system differentiated in the asset hierarchy. Developing an asset register includes the following assets and associated attributes: Park Grounds o Site Furnishings, such as benches, waste and recycling receptacles, tables and picnic tables. o Parking Lots, including ADA -accessible spaces and paths, circulation, and signage and striping. o Playgrounds, including playground equipment, associated surface improvements such as fall - protection surfaces, pathways to playground and equipment. o Ball fields and bleachers. o Passive and active recreation and play areas. o Turf, vegetation, plantings, and irrigation systems. o Sidewalks, trails, and other paths which connect facilities within the park and to the public right-of-way. GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 113 Park Structures o Open Structures (such as gazebos, shade structures, picnic shelters, etc.), including architectural, structural, flooring, and roofing systems and architectural finishes (e.g., paint, cladding). o Storage Structures, including architectural, structural, ventilation, heating and cooling, wall, flooring, and roofing systems, as well as architectural finishes (e.g., paint cladding, siding, stucco). o Restroom facilities, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). o Concession facilities, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling systems, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). o Announcement and scorekeeping booths, including architectural, electrical, mechanical, plumbing, ventilation, heating and cooling, wall, flooring, and roofing systems and architectural finishes (e.g., paint, cladding, siding, stucco). La Laguna Campgrounds., o Lighting o Potable and non -potable water facilities o Restrooms and all sanitary facilities c Pavement condition Health and condition of existing trees, including an assessment of trimming needs, safety concerns Internal ADA accessibility and to nearby public facilities Asset Consolidation. For the Parks asset management system, GHD will consolidate asset information into a central asset register. Given the comprehensive field mapping and condition assessment GHD anticipates being about to accomplish the Master Plan without supplemental data however a best effort will be made to leverage any relevant existing data. Sources of data may be the City's existing information systems (e.g., GIS, maintenance management systems) and/or other data sources (e.g., spreadsheets, documents). For each asset management system, data gaps (missing assets and attributes) will be identified and discussed with the City. Based on the findings, GHD will recommend a strategy to best close the data gaps. The following steps will be taken to organize the data into a intuitive browsable hierarchy. Asset Definition. What is an asset? What is a component? It is critical for the City to have a consistent definition of an asset for all asset management systems. For each asset management system, GHD will review the City's current asset definition with respect to asset management best practices. If the City does not have a formal asset definition, GHD will work with the City to establish one. Defining an asset will allow the City to filter assets that should be managed in the maintenance management systems versus assets that should be tracked in the inventory database. Asset Hierarchy. An asset hierarchy provides a structured framework for organizing assets in the asset register. A hierarchy will enable the City to easily locate an asset and obtain data (e.g., valuation, risk, remaining life, budget) required to support asset management decisions. The hierarchy must have a structured relationship (Parent -Child) that allows consistent roll -up and drill -down of cost data. For each asset management system, GHD will review the City's current asset hierarchy with respect to asset management best practices. Where appropriate, GHD will work with the City to develop/refine the asset hierarchy to align with asset management best practices. With the asset hierarchy of each asset management system complete, GHD will develop a citywide hierarchy that incorporates all asset management systems. This citywide level will allow the decision makers to understand the need at the citywide and asset management system level. Asset Classes. For each asset management system, there will be thousands of assets listed in the asset register. For efficiency, these assets will be grouped into asset classes. An asset class can be defined as a group of assets with similar type, function, useful life, and pricing attributes (e.g., size, material, power). GHD will utilize the unique characteristics of asset classes to model each asset's lifecycle cost. GHD will review the City's current list of asset classes with respect to effectiveness, duplication, consistency, and attributes. Where appropriate, GHD will provide recommendations for improvement or will work with City staff to develop the appropriate asset classes required to support the asset management plan. Asset Naming and Numbering Convention. For each asset management system, GHD will review the City's current asset naming and numbering convention with respect to asset management best practices and, where appropriate, recommend improvements. Asset naming/numbering must be unique, and numbering schemes should be aligned with the developed asset hierarchy. The asset naming/numbering convention must be consistent and transparent and will be documented as part of our Knowledge Transfer practices. Asset Management Data Standards. For each asset management system, GHD will identify data attributes required to support asset management decisions. Data standards identify data attributes required to support asset management decisions. There are common attributes (e.g., year of install, replacement cost, asset naming/numbering) and specific attributes (e.g,, type, power, size, material) for each asset class. Data standards provide a consistent approach toward the GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 114 understanding, collection, and management of asset data. GHD will work closely with City staff during the development of the asset register and will focus on the values of Collaboration and Knowledge Transfer. At the end of this task, GHD will provide the City with the asset register in the format compatible with the City's existing systems. Task 4 — Asset Inventory i Condition Assessment During the asset register development phase, it is anticipated that it will be difficult to complete the asset register for some asset management systems due to availability of asset data. GHD will perform the asset inventory and condition assessment for each asset class in order to acquire the current and accurate data required for sound analysis. The inventory process will either require physical site visit and/or examinations of the City's GIS and/or other orthophotos (e.g., USGS, Google Maps). Physical inventory will be limited to accessible assets. Underground assets (e.g., pipes, catch basins, manholes) will not be included in the physical inventory process When performing site visits, GHD will take photos, collect data attributes, record GIS coordinates, note any immediate maintenance and/or capital needs, and perform visual condition assessment to help determine the remaining life of the asset. Condition assessment will be performed by GHD engineers. Assets identified as in poor condition will be shared with the City. For all assets in the asset register, a condition score will be assigned. These condition scores may be from visual field inspection, existing condition data, workshops and interviews with field and engineering staff, and/or estimation based on age. The condition score will drive the remaining life estimation and the probability of failure. Energy and Water Use Audits The energy and water use audits will start by evaluating the historical use based on energy and water bills provided by the City. The current energy and water use will be compared (benchmark) to other facilities with similar size and function. During the site visit, a GHD inspector will identify and document any saving opportunities such as fixture retrofits, irrigation system upgrade, and solar power generation. ADA Assessment During the site visit, a GHD inspector will also identify and document any physical obstacles that limit the accessibility of an individual with disabilities. Among others, the evaluation will focus on accessible approach and entrance, access to goods and services, access to public toilet rooms, and access to other items such as drinking fountains and public telephones. For each of the obstacles identified, a method to fix the problem will be provided. Task 5 — Master Plan Analysis Once the field data collection activities are complete, data analysis begins. GHD follows the ISO 55000 industry standard approach to ensure consistency and accuracy of results. Task 5.1 - Identify Failure Modes An important component of asset management is to identify and manage the imminent failure mode of any asset. From an asset management perspective, assets can fail in one of four ways: o Mortality- occurs when an asset is no longer useful due to physical failure (e.g.. pipe wall collapse). Condition is a primary indicator for mortality failure. o Capacity- occurs when an asset, regardless of its physical condition, fails to meet the capacity required by the demands of customers, processes, or systems. o Level of service - occurs when an asset falls to meet the service level established for that asset. o Financial efficiency - occurs when there is a lower cost alternative replacement option to operating and maintaining an asset (i.e., high life cycle cost). Understanding the failure mode of an asset will allow the City to apply the right treatment option to maximize benefit. Each failure mode, where appropriate, will have a timing associated with it. For example, an asset could have 20 years remaining before mortality failure, 50 years before level of service failure, and 60 years before financial failure, but 2 years remaining before capacity failure. In this scenario, the remaining useful life of the asset will be 2 years, and the correct treatment will be to increase the capacity of the asset through redesign. For each asset in the respective asset management system. GHD will identify the driving failure mode and its respective remaining life. Task 5.2 — Determine Residual Lives As indicated in Task 5, the imminent failure mode drives the remaining or residual life of an asset. The residual lives for each failure mode (mortality, capacity, level of service, and financial efficiency) will be calculated, and the shortest residual life will be used to drive the management decisions (e.g., rehabilitate, replace). Where historical condition assessment data is available, GHD will use statistical analyses to determine the deterioration pattern and the associated asset residual life. For all assets in the asset register, GHD will calculate the residual live to identify the timing of the management decision and its associated cost. GHD 1 City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 115 6 0% 10% 20% 30i 46% 56% 66% 76% % 90% 1009 Percent of Life Consumed Task 5.3 — Determine Replacement Costs Working together with the City's staff, GHD will consolidate and review historical replacement cost data and use it to determine the current replacement cost for each asset in the asset register. Where replacement cost data against an asset is not available, GHD will provide an estimated replacement cost by using our own cost database. Various valuation strategies (unit cost, cost curves) may be developed for efficiency. GHD will review the replacement costs with the key members of the City staff to ensure reasonableness. For each asset management system, GHD will assign a replacement cost to every asset in the asset register. Replacement cost can be rolled up through the asset hierarchy to establish the estimated valuation of an asset management system. In addition to conducting valuation of existing assets, GHD will also providing cost estimate for proposed upgrade towards meeting ADA compliance and achieving efficient energy and water use. 9o23,n Task 5.4 — Document Level of Service Levels of Service (LOS) are defined as the standard and quality of services to be provided. Defining and documenting the LOS enables the City to establish the relationship and balance between the LOS and the cost of service. The key objective of asset management is to balance LOS, cost of service, and risk. Once the cost of service is better understood, the City can improve efficiency through better processes and risk mitigation. GHD will work with the City to develop a LOS framework on two levels: strategic and tactical. The strategic LOS aim to capture the overarching expectation of the City's services (e.g., meeting regulatory requirements, maintain customer satisfaction, financial sustainability). The tactical LOS focus on developing measurable performance indicators necessary to achieve the strategic levels of service (e.g., pavement condition, facility down time, emergency response time). The LOS will be established considering the triple bottom line factors (economic, environment, and social) of sustainability. Once the LOS is established, the current performance will be assessed and future performance target will be defined. For each asset management system, GHD will help establish appropriate levels of service and develop a mechanism to track performance. Task 5.5 — Assess Risk Business Risk Exposure (BRE) is a measurement used to estimate an asset's risk to the City. BRE will be used to help prioritize asset management decisions. A BRE methodology is composed of three major elements. BRE = PoF x CoF x Redundancy o PoF (Probability of Failure) measures the asset's likelihood of failure with respect to the imminent failure mode. o CoF (Consequence of Failure) evaluates the direct and indirect impacts of a failure against the triple bottom line factors. o Redundancy adjusts the probability of failure based on available redundancy in the system. Through workshops, GHD will work with the City to determine the methodology and BRE score for each asset in the asset register. Every asset will have a PoF, CoF, and BRE score. These values will help determine the timing and criticality of the asset's need. The BRE values will be used to help consistently prioritize the work and budget. For all assets, BRE assessment results will be recorded in the asset register. Where appropriate, risk maps, in the form of GIS layers, will be developed to provide a visual display of the PoF, CoF, and BRE results. For facilities, risk summary graphs will be developed to help highlight those facilities in need. GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 116 Probablgty Faliure Low C .... quancaa of Failure High Task 5.6 — Develop Management Strategies & Future R&R Projection Management strategies are logics developed to model the life cycle behavior and needs of an asset. Depending on the asset or the asset class, a management strategy will identify how long the asset is expected to last, how it will deteriorate, what kinds of refurbishments are required, how much risk the City is willing to accept, etc. It sets the triggers for a computer model to understand when an action needed and how much investment is required. A key outcome of an asset management plan is to help the City move away from reactive maintenance and replacement & rehabilitation (R&R) activities and instead move toward a proactive method of managing assets. The main part of being proactive is to understand the work and budget required to maintain the system at a reliable level of performance and customer service expectations. Once the future need is known and understood, the City can better prepare and prioritize based on the risk assessment results. GHD will use our asset management tool to model the future R&R projection. This tool is capable of incorporating the developed asset register and management strategies to calculate the life cycle cost of ownership for each asset in the asset register. For each asset management system, GHD will model the City's capital budget requirements to sustain the delivery of the City's infrastructure. For the analyses, the City can select any planning horizons (a'g., 10 -year, 25 -year, 50 -year, 100 -year). Refer to Figure 1 below. It is recommended that the planning horizon be long enough to capture a full life cycle of all assets. Structure assets typically have long useful lives. As such, a longer planner horizon (i.e., 100 years) will ensure that the City's assets will have a projected R&R before the end of the planning horizon. As an output, the tool will identify the following for each year: facility and individual asset level). Refer to Figure 2 below. The long-range investment needs projection establishes the future financial requirements necessary to provide a sustainable service. Task 6 — Develop Master Plan Using the outcomes from the tasks above, GHD will develop a sub plan for each of the City's parks. The sub plan will include 5 -year CIP recommendations, results and recommendations of energy and water use audits, ADA transition plan, and GIS map. Additionally, a complete master plan will be developed to summarize the findings for all parks and campground included in the study. Task 6.1 5 -Year CIP Recommendation The 5 -year CIP recommendation will be developed based on the output of GHD asset management tool. The tool is capable of generating future outlook of Replacement & Rehabilitation needs at any period within the planning horizon (e.g., 5 -year, 10 -year, 20 -year). The CIP list will developed for each facility and prioritized by BRE scores of the assets. Task 6.2 Sub -Plans with Energy and Water Use Recommendation The Sub -Plans will summarize the findings during site visit/facility inspection, asset valuation, management strategy, risk assessment, long-range investment, and 5 - year CIP. Additionally, results and recommendation of energy and water use audits and ADA evaluation will also be included. Task 6.3 ADA Transition Plan With input from the City, ADA evaluation notes recorded during site visits will be summarized into an ADA transition plan. The plan includes the summary of compliance and non-compliance items, upgrade methods to meet ADA requirements, improvement prioritization, and cost estimate of the proposed improvement. The ADA transition plan will be included as an appendix to the Master Plan. Task 6.4 Mapping/GIS Data Preparation Coordinates of assets recorded during field asset inventory W ill be converted into GIS layers and will be provided to the City. Individual facility map will be included in facility sub -plan. Final results will be mapped thematically according to risk score (green/low, yellow/medium, red/high) and provided in a format suitable for incorporation into the City's ESRI platform as well as Google's Earth's KML format. Refer to Figure 3 below. o Assets requiring action (R&R decision) Task 7 — Presentation of the Asset Management o Type of action required Program o Estimated cost of each action If requested by the City, GHD will collaborate in presenting o Risk assessment score for prioritization the asset management progress and findings to the City o Estimated total budget required for the year Council and Commissions. GHD will work closely with the key members of the City management staff to develop the The long-range R&R needs projection will be available at presentation materials. different levels within the asset hierarchy (e.g., citywide, GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 117 Figure 1 ;� I. pub ^ Yf fG 5$ ❑Olve�<n.n�<w x'....p City of Sunshine Sumnlary vfksetlnf'I 1 1 i e tUpo� t,lmn�, l�D.mDDm v W xuo-µa v tuva.uuyxv v vnr�ovugf`+b u r..5um v pwvupwm.n v wvwm Owmwu v wean n.v t x�uvc Gxrr Figure 2 Ine®mn. vm..,rcn peb i�.. x per. 0 _ �sg_ .. .... 1, a Mp+tusr (rawwv )m0 i. wm� 5n<«gtle �BWn&tl(wn pYpvu j u nryiapmnm V0.eLaLlntaUOn ptOUle S Wopw YO ix.moap Ya wtow fvs,wpwp cvO WO WO I Oo' m ➢ y �i� e�i�. i. -.Y��. e il.LOip� i M __ C .__ �KA. ....._ __ TN Figure 2 Ine®mn. vm..,rcn peb i�.. x per. 0 _ �sg_ .. .... 1, a Mp+tusr (rawwv )m0 i. wm� 5n<«gtle �BWn&tl(wn pYpvu j u vsue I Oo' �b lip II TN IN ' o'xne itmmvm� WnNr j 5�1 NiID W� txN (v✓D I C YD.t -FdW(u�p 0 j(d4.x SC li ry Ji-C4'��I.5 �rv:YM 3 :iav a pom mxa x >nN )alv la+ np )ov lus vvp xWv v lala pmp l +w Ex wJv .......... ...... I'll ... _................ GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 118 Proposed Project Schedule GHDrs proposed schedule is presented below. GHD assumed the project will take about 8 months to complete, starting in November 2014 and completing in July 2015. However, GHD is flexible and willing to adjust the schedule to meet the City's needs. 1. ,eraname .11.11 an still Na. lanae— Nwem.Mrl - -rye . M y'Itl Mry3 1 Talk Dyi FFMA.Mavgyme., itall an Mon),cl io/)6 1)/13 W21 ell, all, Ve _ /D 5/l0 ss11yi 2 Notlrelo VlwreM Ida,) Mon 11/10/14 Mon lVlp/14 ♦'lurk 3 PMAcAllafnroki" F -days Tuelull/W Mon)/)0/15 2 T ptokans repm¢elcl 4 Talk F."llko((Meeting Iaiy) Tuel VsUril Tue 11/1Laa I h1a iv Toth.., G1cepleaddnop3mY wed ll/u/ta Wed ll/Wt44 ♦-va 6 Talk] OAttetln,ay! I'd.. 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F wmman aiiississassassat m,ame ua Dradonann-----.�� Tlm$anly I GHD I City Park Facilities Maintenance and Replacement Master Plan I City of Lake Elsinore 120 EXHIBIT B LIST OF SUBCONTRACTORS N/A EXHIBIT B Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 14-325 Version: 1 130 South Main Street Lake Elsinore, CA 92530 wwvd.lake-el si nore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page l Printed on 1012312014 CITY OF int LADE LSI110IZE M llRGAM EXTREME.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: APPROVAL OF AN APPROPRIATION INCREASE OF $15,000 TO PROJECT NO. Z40000 DOG PARK FENCING (MCVICKER PARK) Recommendation Approve an increase of $15,000 to the project contingency appropriation and authorize the City Manager to approve all change orders up to the total project budget of $41,000. Background On September 12, 2014 the City of Lake Elsinore entered into a construction contract with Valley Cities/Gonzales Fence in the amount of $24,204 with a construction contingency of $2,420 for chain link fence construction at the existing Dog Park located at McVicker Park within the City limits. Discussion During the course of construction, the City received public comments and requests regarding the upsizing of the Dog Park proposed perimeter fencing. In response to the community feedback, staff has identified additional funds that can be used to enlarge the size of the Dog Park perimeter fencing. Requested additional funds will enable construction of an additional two hundred fifty six (256) linear feet of fencing, thereby increasing the originally proposed dog park fenced area by an approximately three thousand seven hundred forty nine (3,749) square feet. It is currently estimated that the additional labor and materials will result in change orders in the range of $12,000 to $15,000. The additional contingency is recommended to ensure the timely completion of the project. Approval of an Appropriation Increase to Project No. Z40000 Dog Park Fencing (McVicker Park) 10/28/2014 Page 2 Fiscal Impact This project is included in the Fiscal Year 2014/2015 Capital Improvement Plan Budget and will be financed by Parks DIF (Fund 221). Prepared by: Mia Beltran Management Analyst Approved by: Vince Damasse Public Works Director Approved by: Grant M. Yates City Manager lidi�i',( tS�l1�}I�i Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 14-326 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 1012312014 CITY OF LADE , LSINORE � M DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: PROPOSED ROAD CLOSURES FOR THE LAKE ELSINORE GRAND PRIX Recommendation Staff recommends that the City Council: 1. Authorize the closures of streets listed herein. Background The 2014 running of the historic Lake Elsinore Grand Prix will be held on November 8t" and 9t". Storm Events organizes and runs the event with support from the City in the form of promotion, signage, traffic control, police and fire services. The race course has been set, running through portions of the City both on and off paved roadways. Discussion Josh Ferguson of Storm Events met with City Park and Recreation, Fire, Police, Planning, Building and Public Works staff to coordinate this year's Grand Prix event. Attached is a copy of the planned race course as provided by the event applicant, Storm Events (Attachment "A"). As a matter of public safety, the layout of this course will require the closure of the streets listed below: Malaga Road — Diamond Drive to end Pete Lehr — Diamond Drive to end Lake Elsinore Grand Prix Road Closure October 28, 2014 Page 2 Lakeshore Drive approximately 700 -ft south of Main Street Lakeshore Drive at Center Street Chestnut Street adjacent to the access road (Hampton Circle) E. Lake Street at Country Club Boulevard Acacia Street at Country Club Boulevard Mill Street at Country Club Boulevard Crescent Drive at Mill Street Avenue 6 at Franklin Street Avenue 6 north of the last residence Avenue 7 at Roger Street Avenue 7 at Franklin Street Specific terms of the street closures are as follows: 1. Per the discussions with the event committee, public safety personnel shall have access to all streets in the event of an emergency. 2. A race official shall be posted at Lakeshore Drive. In the event safety personnel need to use Lakeshore Drive in the closure area, the race will be stopped. 3. Notice of the event and road closures shall be sent to the property owners within the area bordered on the south by Diamond Drive, east by Auto Center Drive, north by Line/Main Street and west, Marjorie Street/Inflow Channel. 4. Lakeshore Drive will be open to residents and spectators between the bridge and Center Street (South of the closure on Lakeshore Drive). 5. Ingress and egress for the Lake Elsinore Village residential development and Budget Tire and Wheel shall be provided. 6. The road closures will be in effect from 6:30 AM to 6:00 PM each day of the race. Road closure barricades will be placed and removed by City Staff at these times. 7. The City shall provide barricades, signage and manpower for road closures. 8. The applicant shall arrange for a changeable message sign one week in advance of the event noticing road closures on Lakeshore Drive across from Elm Street; the City shall provide a changeable message sign on Main Street at Lakeshore Drive. 9. Liability insurance in the sum of $1,000,000.00 naming the City as additional insurance will be obtained by the applicant. Fiscal Impact As budgeted, the City's estimated cost is between $3,000 to $5,000 in materials and staff time. Lake Elsinore Grand Prix Road Closure October 28, 2014 Page 3 Prepared by: Rita Thompson Senior Engineering Technician Walter Allison City Engineer Vince Damasse Public Works Director Approved by: Grant M. Yates City Manager Attachment: Attachment "A" — Planned Race Course, 2014 Lake Elsinore Grand Prix I rrn SI IVolU Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 14-327 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 10/23/2014 CITY OF LADELLSIIAORE -- -WDauAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON RULE 20A UNDERGROUND PROJECT, APN 375-350-056 Recommendation Authorize the City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison (SCE) for recordation. Background Southern California Edison Company (SCE) is the utility responsible for installation and maintenance of electrical facilities. SCE is asking the City for a 4 foot wide permanent utility easement in the vicinity of the Lakeshore Drive and Chaney Street intersection. Discussion The City, in partnership with SCE has been diligently pursuing a Rule 20A Underground Utility project along Lakeshore Drive between Mohr Street and Chaney Street. SCE's design portion of the project is complete. The design of the switch to underground services requires new facilities in a parcel that belongs to the City. The parcel is vacant at this time. The easement will be used for location and maintenance of the support system for the connecting overhead service. Fiscal Impact There are no fiscal impacts to the City. All costs related to this easement shall be the responsibility of Southern California Edison. Grant of Easement to SCE October 28, 2014 Page 2 Prepared by: Dina Purvis Senior Engineering Technician Approved by: Vince Damasse Director of Public Works Grant M. Yates City Manager Attachment: Vicinity Map Easement Exhibit VICINITY MAP N 59'02' BLK 12 LAKE SHORE DRIVE ADDITION MB 9/65-67 z Li No. C-18619 fm * Exp d'\F F� C A Dated 2014 Glenn M. Bakke R.C.E./ 18619 Exp. 6-30-15 SCALE: 1 "=20' LAKE SHORE DRIVE ffff"n \ \ S19°55'10"W \ `\ 22.00' 2 N 56°02'40" W 3 EXHIBIT "A" LEGEND r--1 DENOTES SCE EASEMENT L__1 POC = POINT OF COMMENCEMENT TPOB = TRUE POINT OF BEGINNING I SCE EASEMENT I I TD# 760689 1 SLS/SM 1 05/05/14 1 Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 14-328 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .rake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 10/23/2014 CITY OF LADE LSMOKE '�`u DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: APPROVAL OF AN APPROPRIATION INCREASE OF $75,000 TO PROJECT NO. 4423 TRAFFIC SIGNAL IMPROVEMENTS AT SUMMERHILL DRIVE / VIA SCENICA Recommendation Approve an increase of $75,000 to the project contingency appropriation and authorize the City Manager to approve all change orders up to the total project budget of $290,116. Background On May 27, 2014 City Council awarded a construction contract to Select Electric, Inc. in the amount of $201,481 with a construction contingency of $13,635 for the construction of the Traffic Signal Improvements at Summerhill Drive / Via Scenica. Discussion During the course of constructing the traffic signal improvements, the contractor encountered unforeseen conditions in the form of bedrock under the ground. This bedrock will require special drilling equipment be brought in to address this condition and additional work will be required to clean up and prepare the site for final traffic signal installation. It is currently estimated that the bedrock removal will result in change orders in the range of $60,000 to $75,000. The additional contingency is recommended to ensure the timely completion of the project. Approval of an Appropriation Increase of $75,000 to Project No. 4423 Traffic Signal Improvements at Summerhill Drive / Via Scenica 10/28/2014 Page 2 Fiscal Impact Funding is available in the Traffic Impact Fee (TIF) reserves to cover the proposed increase of $75,000. Prepared by: Mia Beltran Management Analyst Approved by: Vince Damasse Director of Public Works Grant M. Yates City Manager Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 14-329 Version: 1 130 South Main Street Lake Elsinore, CA 92530 e .lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 10/2312014 CITY ( LAKE CLSMOIIE �� DREAM EXT RLME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 28, 2014 SUBJECT: GENERAL STREET VACATION FOR STREET RIGHT-OF-WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT 'H' (OBARIA WAY) AND LOT `R' (HERMOSA DRIVE) WITHIN TRACT 36115-1 Recommendations Conduct the Public Hearing to vacate portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements within Tract 36115-1 that was opened at the October 14, 2014 City Council meeting and continued to this October 28, 2014 meeting. Adopt Resolution of Vacation No. 2014- ; A Resolution of the City Council of the City of Lake Elsinore, California, Vacating Street Right -Of -Way and Portions of Public Utility Easements Adjacent to Lot "H" and Lot "R" within Tract 36115-1. Background Pardee Homes is requesting a vacation of portions of street rights of way and public utility easement in conjunction with extension and re -alignment of Obaria Way and Hermosa Drive. These streets are being re -aligned to provide access to the property east of Tract 36115-1. The general vacation of right-of-way and public utility easements consists of portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive). Lot Line Adjustments have been submitted to re -align the lots lines adjacent to Obaria Way and Hermosa Drive in the affected areas. On September 2, 2014, the Planning Commission adopted Resolution 2014-239 finding that the proposed vacation conforms to the City's General Plan Circulation Element. A resolution of the City Council declaring its intent to vacate portions of Lot H (Obaria Way) and Lot R (Hermosa Drive) and portions of public utility easements adjacent to Lot 'H' and Lot 'R' within Tract Map No. 36115-1 was adopted as Resolution No. 2014-070 on September 23, 2014. General Street Vacation for Lot 'H' and Lot 'R' within Tract Map No. 36115-1 October 28, 2014 Page 2 On October 14, 2014, council opened the public hearing, but continued the public hearing until October 28, 2014 to allow sufficient time for public noticing of the proposed vacation. Discussion Pardee Homes is requesting to re -align and extend Obaria Way and Hermosa Drive to provide access to the property east of Tract 36115-1. This action will provide improved access to this property east of Tract 36115-1, thus improving circulation. The general vacation segments are excess right-of-way once the future street dedication is accepted. Staff is in agreement with this request. Fiscal Impact On July 7, 2014, Pardee Homes paid a $1,200 fee for processing the vacation documents Prepared by: Walter Allison City Engineer Approved by: Vince Damasse Director of Public Works Approved by: Grant M. Yates City Manager Attachments: 1. City Council Resolution 2014-070 2. Legal Description 3. Vicinity Map 4. Plat Map 5. Planning Commission Resolution 2014-239 approved September 2, 2014 6. City Council Resolution No. 2014- EXHIBIT "All SHEET 1 OF 2 LEGAL DESCRIPTION VACATION OF STREET RIGHT OF WAY PORTIONS OF LOT 'H' AND LOT `R', OF TRACT NO. 36115-1, M.B. 439 13-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. PARCEL A.- Being : Being a portion of Lot'R', of Tract Map 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Beginning at the southwest corner of Lot 44 of said Tract No. 36115-1; Thence, along the westerly line of said Lot 44, North 8002'38" West 25.44 feet to the beginning of a tangent curve concave northeasterly having a radius of 105.00 feet; thence northerly 27.62 feet, along said curve and said westerly line, through a central angle of 15°04'09" to the beginning of a curve in the westerly line of said lot 44, concave easterly having a radius of 275.00 feet; thence southerly, on the southerly prolongation of said curve 26.24 feet, along said curve, through a central angle of 5°28'04'; thence tangent from said curve South 1033'26" West 31.93 feet; thence South 43043'35" East 12.55 feet to a point in the westerly line of Lot 45 of said Tract No. 36115-1, said point also being the most northerly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC # 2014-0233815, of Official Records of said County ; thence. Along the westerly line of said Lot 45, North 8002'38" West I Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit 'B'. Contains 201 Sq. Ft. or 0.005 acres, more or less. PARCEL B: Being a portion of Lot'H', of Tract Map 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Commencing at the northwest corner of Lot 49 of said Tract No. 36115-1; thence along the northerly line of said Lot 49 South 89000'36" East 45.75 feet to the True point of Beginning; thence, continuing along the easterly prolongation of the northerly line of said Lot 49, South 89°00'36" East 105.24 feet to a point in the northerly line of Lot 47 of said Tract No. 36115-1, said point being on a non -tangent curve concave northerly having a radius of 65.00 feet, a radial line to said point bears South 31 °12'51" East, said point also being the most southwesterly corner of the land described in a Grant Deed, recorded 6/25/2014 as DOC # 2014-0233815, of Official Records of said County; thence westerly 48.15 feet along said curve through a central angle of 42°26'28'; thence tangent from PA08-0194-21 TTM 36115 A Ph 7- Pardee Homes\Calc\Legal Descriptions\MALD-342 R -W VACATION\RW-PUE VACATION tMALD 342] SM nl der SHEET 2 OF 2 said curve North 78046'23" West 41.04 feet to a tangent curve concave southerly having a radius of 105.00 feet; thence westerly 18.76 feet along said curve through a central angle of 10°14'13" to the True Point of Beginning. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhibit 'B'. Contains 571 Sq. Ft. or 0.013 acres, more or less. PARCEL C: Being a portion of Lot'H', of Tract No. 36115-1, in the City of Lake Elsinore, filed in Map Book 439, Pages 3 through 12, of Maps, inclusive, Records of Riverside County, California, described as follows: Beginning at the most southeasterly corner along the southerly line of Lot 70 of said Tract 36115-1; Thence, along the southeasterly line of said Lot 70 North 46°16'25" East 49.39 feet to the easterly line of said Lot 70; Thence, along the southerly prolongation of the easterly line of said Lot 70, South 133'26" West 9.90 feet; Thence 46016'25" West 35.32 feet to the easterly prolongation of the southerly line of said Lot 70; thence, along said prolongation of the southerly line, South North 89°00'36" West 9.90 feet to the Point of Beginning. Reserving therefrom an easement, 5.00 feet wide for public utility and water purposes as shown on Exhlbit'B'. Contains 295 Sq. Ft. or 0.007 acres, more or less. All of the above as shown on Exhibit'B" attached hereto and by this reference made a part hereof. EV. 09130/iS �Na-.4410 oP CAO GERALD R. ANDERSON, L.S. 4400 Date LICENSE EXPIRES: SEPTEMBER 30, 2015 [MALD-3421 SITE PLAN - VICINITY MAP VACATION OF RIGHT OF WAY _ OBARIA WAY & HERMOSA DRIE OWNERS EXISTING PARCELS PROPOSED PARCELS ASSESSOR'S PARCEL NO. REFERENCE NUMBER PARDEE HOMES LOT'70', TR. NO. 36115-1, MB 439 / 3 -12 PARCEL 1 358-601-00 PARDEE HOMES LOT 47, TR. NO. 36115_1,_MB 439 / 3 - 12 PARCEL 2 35$-600-011 PARDEE HOMES LOT 48; TR. NO. 36115-1, MB 439 / 3 - 12 PARCEL 3 358-600-012 PARDEE HOMES -LOT 49, TR. NO. 36115-1, MB 439 / 3 - 12 PARCEL 4 358-600-013 PARDEE HOMES LOT 44, TR. NO. 36115-1 MB 439 /.3 -12 PARCEL 5 358-600-008 74 iu SITE CDD LOCATION CANYON 15 HILLS RD NEWPORT RD N CANYON � 215 N1LLS RD �O IiILLSIOE R. yC �O RD SCOTT RD BUNDY CYN. COTTONWOOD CYN. RD CLINTON KEITH RD N VICINITY MAP NOT TO SCALE AREA OF RIGHT OF WAY �o.5' 4I > o 1 r� r • r,r, VACATIONS ° -u PORTIONS LOTS'R' &'H' PARCEL1 RIGHT OF WAY VACATION PARCEL5_ . ORARIALWAYW RIGHT OF WAY DOC#2014- O.R. RIGHTIF WON 02338\, '36 3s PARCEL4 PARCELPARCEL2 \ VICINITY MAP NOTTOSCALE CORSON AVENUE LOT i�°g o * MALLA-045 EXHIBIT "B"' SHEET 1 OF 4 VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTIONS OF LOTHAND LOT 'R', TRACT NO. 36115-1, M.B. 439 / 3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. Dl �-QPb: 00�ego �00=OBJ rc b]LRVATION OF P.U.E & W T. ES, a o S 8D°(ID'3fi" E OBARiA WAY LOT VACATION OF ��P.U.E. & WATER N RESERVATIONOF `ni°��Pyo / 389,00,35,E EASEMENT P.U.E & WT. ES. 15 N89'00'36" W __ VACATION -OF -- -VACA1 P.U.E. &WATER \ EASEMENT 5' P.U.E. DEDICATION PER APR 1906-000-11T APA w ' 0 000-�92II i BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, AS PER TRACT 36115-1-1, M.B. 439/2-13, N 89-52-04"W, PARCEL B SEE SHEET 3 AP[unk 356 -6w -la 0�0asola 921 LEGEND: P.O.B. = TRUE POINT OF BEGINNING 7 VACATION AREA 19 Spectrum Pointe Drive •.Suite 609 Lake Forest, CA 92630 ' (949) 599-0870 (949) 599-0880 Fax XERS & ASSOCIATES C1V11 EXIgIIfe(III1, 1I1G. GERALDR.ANDERSON,L.S.4400 PLANNING • ENGINEERING r SURVEYING MYLICENSE EXPIRES SEPT. 30, 2095 [MALD-3421 �� ORNAIFR Exp. 09/30/2015 No. 4400 0U�0p� D 5' P.U.E. DEDICATION C? PER M.B. 439 / 3-12'- 25' 25' �A DEDICATION FOR STREET AND PUBLIC UTILITY 0 Oy PURPOSES& d F w © DEDICATION FOR PUBLIC V) 0 w � � UTILITIES AND WATER > W PURPOSES LU LU Q DOC#2014-0233815, O.R. OPER N x r c6 VACATION OF RIGHT OF WAY o & RESERVATION OF P.U.E. m PARCEL C ui SEE SHEET 4 -.�--� � \\\ d a 770 h AFA 306-809=009 / Dl �-QPb: 00�ego �00=OBJ rc b]LRVATION OF P.U.E & W T. ES, a o S 8D°(ID'3fi" E OBARiA WAY LOT VACATION OF ��P.U.E. & WATER N RESERVATIONOF `ni°��Pyo / 389,00,35,E EASEMENT P.U.E & WT. ES. 15 N89'00'36" W __ VACATION -OF -- -VACA1 P.U.E. &WATER \ EASEMENT 5' P.U.E. DEDICATION PER APR 1906-000-11T APA w ' 0 000-�92II i BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, AS PER TRACT 36115-1-1, M.B. 439/2-13, N 89-52-04"W, PARCEL B SEE SHEET 3 AP[unk 356 -6w -la 0�0asola 921 LEGEND: P.O.B. = TRUE POINT OF BEGINNING 7 VACATION AREA 19 Spectrum Pointe Drive •.Suite 609 Lake Forest, CA 92630 ' (949) 599-0870 (949) 599-0880 Fax XERS & ASSOCIATES C1V11 EXIgIIfe(III1, 1I1G. GERALDR.ANDERSON,L.S.4400 PLANNING • ENGINEERING r SURVEYING MYLICENSE EXPIRES SEPT. 30, 2095 [MALD-3421 �� ORNAIFR Exp. 09/30/2015 No. 4400 0U�0p� 4f . �C0 - I 5' P.U.E. DEDICATION 25' 25' r t, PER M.B. 439/3-12 0 Oy d F w VACATION OF RIGHT OF WAY V) 0 w � � I PARCEL A > W SEE SHEET 2 LU LU Q y� a s I n I I x r A 0. i APR�3��0000 n06 Dl �-QPb: 00�ego �00=OBJ rc b]LRVATION OF P.U.E & W T. ES, a o S 8D°(ID'3fi" E OBARiA WAY LOT VACATION OF ��P.U.E. & WATER N RESERVATIONOF `ni°��Pyo / 389,00,35,E EASEMENT P.U.E & WT. ES. 15 N89'00'36" W __ VACATION -OF -- -VACA1 P.U.E. &WATER \ EASEMENT 5' P.U.E. DEDICATION PER APR 1906-000-11T APA w ' 0 000-�92II i BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 7, AS PER TRACT 36115-1-1, M.B. 439/2-13, N 89-52-04"W, PARCEL B SEE SHEET 3 AP[unk 356 -6w -la 0�0asola 921 LEGEND: P.O.B. = TRUE POINT OF BEGINNING 7 VACATION AREA 19 Spectrum Pointe Drive •.Suite 609 Lake Forest, CA 92630 ' (949) 599-0870 (949) 599-0880 Fax XERS & ASSOCIATES C1V11 EXIgIIfe(III1, 1I1G. GERALDR.ANDERSON,L.S.4400 PLANNING • ENGINEERING r SURVEYING MYLICENSE EXPIRES SEPT. 30, 2095 [MALD-3421 �� ORNAIFR Exp. 09/30/2015 No. 4400 EXHIBIT VwBww SHEET 2OF4 VACATION OF STREET RIGHT OF WAY PORTION OF LOT'R', TRACT NO. 36115-1, M.B. 439 / 3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. 8, T. 6 S., R. 3 W., S.B.M. I fi' I 25' N Cz LU X LOT 'W N M 0 co S 4304335" E 12.55' N 08°02'38" W 1.04' VACATION OF P.U.E. & WATER EASEMENT 3 113.74' 113.80' VACATION OF P.U.E. & WATER 45 EASEMENT APR 366-60"@ a? wa. t%9 �� DEDICATION PER DOC# 2014-0233815, O.R.--� OBARIA WAY 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949) 599-0870 (949) 599-0880 Fax s = : YERS & ASSOCIATES Civil Engineering, Inc. PLANNING - ENGINEERING - SURVEYING LEGEND: P.O.B. = POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD342] 5' P,U.E, DEDICATION PER M.B. 43913-12 J/ A=1°42'18" V�O. Son (43 ash ^�h S 89055'59" W o m N 4 {RqD 6=1031'44" J ( L=7.34' Q o 1 `N82°58'36X'W PARCEL A o vi`, ii !f 1 x=15°04'09" z `j 1 R=105.00' I L=27.62' > 3 44 ww W� O w a N I ; 6^ pm; 950-800-006 P.O.B. 5 N 8905959" E N 8905659" E S 4304335" E 12.55' N 08°02'38" W 1.04' VACATION OF P.U.E. & WATER EASEMENT 3 113.74' 113.80' VACATION OF P.U.E. & WATER 45 EASEMENT APR 366-60"@ a? wa. t%9 �� DEDICATION PER DOC# 2014-0233815, O.R.--� OBARIA WAY 19 Spectrum Pointe Drive - Suite 609 Lake Forest, CA 92630 (949) 599-0870 (949) 599-0880 Fax s = : YERS & ASSOCIATES Civil Engineering, Inc. PLANNING - ENGINEERING - SURVEYING LEGEND: P.O.B. = POINT OF BEGINNING VACATION OF RIGHT OF WAY AREA [MALD342] APRS1g(3x=600�9� G^�pG9. �3�3�60000=9� G^PHne wo-wo-99 A N 89055'59"E N 89°55'59" E N 89°55'59" E 60.01' 65.73' - - - 118.86' CORSON AVENUE LEGEND: 19 Spectrum Pointe Drive • Suite 609 P.O.C. =POINT OF COMMENCMENT Lake Forest, CA 92630 (949) 599-0870 T.P.O.B. = TRUE POINT OF BEGINNING (949) 599-0880 Fax YERS & ASSOCIATES ❑ VACATION OF RIGHT OF WAY AREA Civil Engineering, Inc. PLANNING • ENGINEERING " SURVEYING [MALD-342] EXHIBIT nBwv SHEET 3OF4 VACATION OF STREET RIGHT OF WAY PORTION OF LOT'H', TRACT NO. 36115-1, M.B. 43913-12 In the City of Lake Elsinore, County of Riverside, State of California — SEC. 8, T. 6 S., R. 3 W., S.B.M. ------- ---- i�� _RESERVATION OF Mn© X99 �9 PARCEL B P.U.E & WT. ES, � N o ;, OBARIA WAY I�po V 9�B 4Y �� P.O.C. N 00°59'24" E 0.97' 14.25' N 02°0003 W 159.92'' 89°00'36" E ' T.P,0.6. DEDICATION PER s.92' ��r'`;'s� � S 89°00'36" E 45.75' DOC#2014-0233815,O.R. S 89°00'36" E 105.24' N 89°00'36" W 155.27' - ___--__ A=7°48'04" _ 59. ' _ 31.77 _ S78°46'23'"E 4_1.04' - — - - — — -- — — — L=14.30' /` A=2°26'09" --- - - A=29°1248' z L=4.46' �v L=33.14' a " O N A=4 '28' VACATION v A=10°14'13" A=13°13'40" R=65.00' OF w R=105.00' w/ =48.15' P.U.E. &WATER s L=15.01' p L=48 -15- o'i EASEMENT CQ �? aj L L=1876' N ' �s W �^o s a o z t LU 0o N s Z w oW W o z �0 49 4L$1 �9/ APRS1g(3x=600�9� G^�pG9. �3�3�60000=9� G^PHne wo-wo-99 A N 89055'59"E N 89°55'59" E N 89°55'59" E 60.01' 65.73' - - - 118.86' CORSON AVENUE LEGEND: 19 Spectrum Pointe Drive • Suite 609 P.O.C. =POINT OF COMMENCMENT Lake Forest, CA 92630 (949) 599-0870 T.P.O.B. = TRUE POINT OF BEGINNING (949) 599-0880 Fax YERS & ASSOCIATES ❑ VACATION OF RIGHT OF WAY AREA Civil Engineering, Inc. PLANNING • ENGINEERING " SURVEYING [MALD-342] EXHIBIT ..Bvw SHEET 4OF4 VACATION OF STREET RIGHT OF WAY AND P.U.E. PORTION OF LOT'H', TRACT NO. 36115-1, M.B. 439/3-12 In the City of Lake Elsinore, County of Riverside, State of California SEC. S, T. 6 S., R. 3 W., S.B.M. 90032 M X14 n C2 0 I 904 I 5' P.U.E. DEDICATIONI PER M.B. 43913-12 S 89`0038" E 83.57' N N 09°36'14"E k o _ 6.29' v o ,7O " N , acv /wm '466-a09=09 I 3 VACATION OF RIGHT OF WAY s PARCEL C,eyj M N ' 3.07 89° W —43.07' — 52.97' N 89°00'36" W RESERVATION LU 5' >L�� ° �n10° ��q�zs'EDICATION FOR STREET QAND PUBLIC UTILITY (nPURPOSES 0^R DOC # 2014.0233815, O.R. EDICATION FOR PUBLIC /UTILITIES AND WATER PURPOSES �'R DOC # 2014.0233815, O.ft. a 44T22E1.04AD) NOB°02'38_ _ _ 1 a o ti 5 89°00'36" E 109.24' OBARIA WAYS89°o�'38_E 131'97159.92, LOT if _ _ °• ; N 89°00'36" W �, --� �5 P.U.E. DEDICATION PER M.B. 439 / 3-12 4� \ 14@ 133p ip ' 19 Spectrum Pointe Drive - Suite 609 ` Lake Forest, CA 92630 (949)599-0870 (949) 599-0880 Fax YERS & ASSOCIATES Civil Engineering, Inc. PLANNING - FrNGINHERING - SURV1iYING 40 i LEGEND: P.O.B. = POINT OFBEGINNING VACATION OF RIGHT OF WAY AREA [MALD-342] N O w RESOLUTION NO. 2014-039 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT THE GENERAL VACATION FOR STREET RIGHT-OF-WAY AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOT "H" AND LOT "R" WITHIN TRACT 36115-1 CONFORMS TO THE CITY'S GENERAL PLAN CIRCULATION ELEMENT WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting the vacation of street right-of-way and portions of Public Utility Easements adjacent to the right-of-way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115-1, reserving an easement 5.00 feet wide for public utility and water purposes; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding whether a street vacation conforms to the City's General Plan Circulation Element; and WHEREAS, on September 2, 2014 at a duly noticed public meeting, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission hereby finds and determines that the portion of public utility easements adjacent to the right-of-way for a portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) of Tract 36115-1 referenced above is excess right-of-way and the vacation of that portion of the public street conforms to the City's General Plan Circulation Element. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines") pursuant to the CEQA Guidelines Section 15301 (Class 1 — Existing Facilities) exemption for existing facilities because the Project involves the vacation of a portion of a street which involves negligible or no expansion of use. SECTION 3. Based upon all of the evidence presented and the findings above, the Planning Commission hereby recommends that the City Council find that the vacation of that portion of street right-of-way and portions of Public Utility Easements adjacent to the right-of-way portion of Lot "H" (Obaria Way) and Lot "R" (Hermosa Drive) PLANNING COMMISSION RESOLUTION NO. 2014-039 PAGE 2 OF 3 of Tract 36115-1 referenced above is consistent with the City's General Plan Circulation Element. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED on the second day of September, 2014. John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014-039 PAGE 3 OF 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014-_ was adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore on the second day of September, 2014, by the following roll call vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA VACATING PORTIONS OF LOT 'H' (OBARIA WAY) AND LOT 'R' (HERMOSA DRIVE) AND PORTIONS OF PUBLIC UTILITY EASEMENTS ADJACENT TO LOTH' AND LOT'R' WITHIN TRACT MAP NO. 36115-1 LOCATION: LYING IN THE EASTERN CITY LIMITS AREA, JUST SOUTH OF CANYON HILLS DRIVE, NORTH OF CORSON AVENUE, AND WEST OF ANNA LANE. WHEREAS, the City council of the City of Lake Elsinore on September 23, 2014 did adopt Resolution of Intention No. 2014-070 declaring their intention to vacate portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot'R' (Hermosa Drive) of Tract 36115-1, reserving an easement 5.00 feet wide for public utility and water purposes, and WHEREAS, the City Council did find in said Resolution that the proposed vacation was in accordance with the Growth Management Policies and is consistent with the General Plan of the City, and WHEREAS, all publication and posting of notices regarding the proposed vacation of portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115-1, pursuant to said Resolution have been given as required by law, and WHEREAS, the area to be vacated would not be useful as a non -motorized transportation facility, and WHEREAS, the vacation of this right-of-way would result in approximately 1,067 square feet of land being returned to the tax rolls, and WHEREAS, the City Council did hear the evidence offered by all persons interested in said proposed vacation and does not find from all the evidence submitted that the portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot'R' (Hermosa Drive) of Tract 36115-1 proposed to be vacated is unnecessary for present or prospective street purposes. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, California as follows: That the above recitations are true and correct. 2. That pursuant to Division 9, Part 3, Chapter 3 of the California Streets and Highways Code the portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115-1, reserving an easement 5.00 feet wide for public utility and water purposes as described in Exhibit A and shown for the sake of clarity on Exhibit B is hereby vacated, closed up and abandoned for public street purposes. 3. That easements and rights necessary to maintain, operate, replace, remove or renew in-place public facilities are reserved and excepted from the vacation. 4. That the vacation of said portions of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) street right of way and portions of public utility easements adjacent to the right of way portion of Lot 'H' (Obaria Way) and Lot 'R' (Hermosa Drive) of Tract 36115-1, reserving an easement 5.00 feet wide for public utility and water purposes is conditioned upon the applicant agreeing to install and post the appropriate securities for the improvement plans they are currently processing. 5. The City Clerk is instructed NOT TO RECORD this Resolution of Vacation until the terms of the above stated Condition has been complied with. 6. From the date the resolution is recorded in the County Recorder's Office, the area vacated no longer constitutes a street. APPROVED, ADOPTED, AND EFFECTIVE on the 28th day of October, 2014. ATTEST: Mayor: City Clerk APPROVED AS TO CONTENT: City Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE: SS CITY OF LAKE ELSINORE : I, , City Clerk of the City of Lake Elsinore, California, DO HEREBY CERTIFY that Resolution was duly and regularly adopted by the City Council of the City Lake Elsinore, California, at a meeting thereof held on the day of , 2003 by the following vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Lake Elsinore, California, this day of , 2014. City Clerk (Seal) _.. uRE SH u1 �'r, Agenda Date: 10/28/2014 In Control: City Council Agenda Number: 11) City of Lake Elsinore Text File File Number: ID# 14-330 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 1012312014 CI1Y (ll 11E — - nnr,nn. iXria nn .. CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: October 23, 2014 SUBJECT: MONTHLY PUBLIC WORKS SUMMARY OCTOBER 2014 Public Works ----------- — Street Maintenance September October Pot Hole Repairs 133 Graffiti Removal 184 Storm Drains Cleaned 48 Illegal Dumping Clean-ups 47 Signs Installed 0 Sign Repairs 15 Removed Illegal Signs 86 Area Sprayed With Herbicide (in acres) 0 Shopping Carts Pick -Ups 25 Triinmed Trees Various Locations 2 Drain Inspections 48 Removal of Road Hazards 6 Heatwurx Repair Units 0 Vehicle Maintenance Vehicle Repairs 15 18 Vehicle Service 6 5 _ Alignments 0 0 Tire Installation & Repairs 26 22 Small Equipment Repairs 2 4 Service Calls _ 11 14 Mufflers & Tailpipes 0 0 Body Shop Repairs _ 0 0 _ Trailers Repaired 8 _ 9 Batteries & Jump Starts 6 4 Vehicle Maintenance Boat Repairs 12 10 _ Heavy Equipment Repairs 9 14 Vehicle Maintenance Program (Fleet 2000) 15 15 Weed Abatement Lots Cleaned 47 52 City Lots Cleaned 2_ 0 Trees Trimmed 99 25 Illegal Dumping Clean-ups 14 18 Replaced irrigation clocks 5 0 Shopping Carts Picked Up 2 0 Checked all Landscaped areas for Major Issues 2 Das 0 Removed Illegal Signs 7 0 ENGINEERING`DIVISIOIN PUBLIC COUNTER Research Requests 5 11 Plan Checks 9 1 Final Maps 2 0 Grading 2 6 Street Improvement 3 4 Development Review 3 2 Flood Plain Determination 2 2 Bond Release Requests 4 3 Oversize Transportation Permits 4 14 Encroachments Permit Applications 15 8 Encroachment Permit Traffic Issues 6 5 CIP UPDATE Project Project Design Construction Project Status Location Senior Center Sidewalk Senior Center 50% design Tree Trimming at the Improvements completed; Senior Center by M & O Project No. 4424 95% plans -week of 9/8/14. Nicole completed, and Cathy to order currently benches for the senior. under Concrete work review completed on 9/10/14. Tree trimming completed. McVicker Dog Park McVicker Park 100% Scheduled for stat M&O completed Fence Improvements Complete September/October removing existing dead Project No. Z40000 2014 trees along the sidewalk on McVicker Park. Staff to work on getting dog equipment. Staff working on getting required Dog signs and other Dogipot Dispenser. Selected Valley Fencing as the ----— -- fencing contractor. ------ Lakepoint Park Lakepoint Park — Designed Scheduled for Field review condition of Electrical Panel in-house October/November the electrical cabinets Project No.4414 2014 9/9/2014. Contacted RSE-Sierra to get quote on panel replacement. Also contacted local electric company, James Torres Electric, for the second quote for replacing the panels. Serenity Park- Skate Serenity Park Concept Design/Build Agreement Zone Design & RFP is being Project No. 4419 initiated. prepared by David Anticipated Mann. Consultant for mid prepared draft SOO October (Issued 9-24-14). Skate 2014 Park community completion meeting was very helpful. CIP UPDATE Project ProjectLocation Design Construction Project Status Whisker's Beach Whisker's 35% Site topographic survey Improvements Beach completed; under progress (9/2/14). Project No. 4369 50% design BergerARAM submitted in progress conceptual parking lot anticipated for review & comment end of on 9/12/14. September 2014 Facilities Master Plan Citywide PSA to be awarded to Project No. Z30000 GHD at the October 28, 2014 Council Meeting. Work to begin rnid- November and completed by March 2015 for CIP portion. Final completion by July 2015. City Master Drainage Citywide City wide existing Plan Update drainage facility Project No. 120 inventory and update MDP and fee schedule. User Fee Study-------­City ._.. _ 'wide - - - Response to Request Project No. Z30002 for Proposals received 9/12/14. Award at Oct 14, 2014 CC. Anticipated completion 3/2015. Development Impact Citywide Response to Request Fee Study for Proposals received Project No. Z30003 9/12/14. Award at Oct 14, 2014 CC. Anticipated completion 3/2015. CIP UPDATE Project Project Design Construction Project Status Location Gunnerson Street Gunnerson 65% design 65% Plan review Rehabilitation between completed; completed. Submitted Project No. 4350 Lakeshore 95% in City comments to G&A Drive and SR- progress Surveying on 9/1/14. 74 G&A directed to start working on 95% Plans. Plan check review with Mike Galbi on 9/11/2014. Avenue 7 Sidewalk and Avenue 7 / Field walk completed. Street Improvements Mills Street Lin to prepare design Project No. Z10013 RFP for the street design work. Obtained SCE package for PP relocation. City Monument E4gns Lake Elsinore 90% design Awaiting UG Utilities Project No. 4396 review and Construction completed Support quote from CWDG. Awaiting corrected drawings from CWDG. Lin working with CT with encroachment permit requirements. Traffic Signal Summerhill/Via 100% 40% completed Received quotes for Installation Scenica Directional Boring Summerhill / Via (Option 1), Rockwheel Scenica Installation (Option 2) Project No. 4423 and Foundation boring. Select to submit revised estimate for Rock- Wheel and Foundation drilling by 9/10/14. Select Electric emailed revised estimate on 9/19/14. CIP UPDATE Project Project Location Design Construction Project Status Traffic Signal Sage at 100% 95% LED street name signs Installation Canyon Hills to be installed October Canyon Hills/Sage 2014. Road Project No. 4368 Traffic Signal Riverside 85% Official Traffic Signal Installation Grand Drive (HWY turn on 8/14/14. Minor Avenue at Riverside 74) @ Grand outstanding work will Project # 4392 Ave and progress without any Riverside Dr. interruption to the traffic. (HWY 74) @ LED Street Names Lakeside H.S. signs installation by 9/19/2014. Slurry Seal Project Various streets 100% Construction start Pre -Con meeting Project No. Z10014 citywide 9/22/14 conducted; Submittals in review; Construction start: 9/22/14. Construction end 10/30/14 (paving portion); Substantial completion in November 2014, 1-15/Railroad Canyon 1-15 @ Roundabout Road Interchange Railroad presentation to CC on Improvements (PAED) Canyon Sept. 9, 2014 with Project No. Z10016 Interchange status update. PAED in progress. Railroad Canyon/1-15 1-15 @ 95% Caltrans approval of Southbound Off Ramp Railroad complete final plans and specs Deceleration Lane Canyon awaiting pending in September Project No. 4432 Interchange Caltrans 2014; CM/Resident RFP approval to be solicited in September 2014 with proposals due in October 2014. PS&Es at 95% as prepared by SC Engineering. Submitted to Being added to the TUMF Network, being placed on the upcoming Main Street CIP to perform PSR, Interchange Needs to be improved Project No. Z10017 by 2024. Waiting for City budget approval to start project. L E E a 06 N a — d o (nM� CD L N L y M � m 'Q c m E Z M E E D N w R � a — a) o Envo J r U r N co Z O E z U O J z W 4-; o c� E m z0 V O Q Ev O m Q� N m � W W W W m n p F QF- W Z U F- d LLI W a. U) M O(n Z O U- F- V a0 U C J W� v m °a�LC v <n wW w N oo pd 23 U O m m Q F K z o L E Q� W } d �""co ami I coin oa N X, O� Z m O Z J �= O a ,N C. d �:�w4� N to O N oa o� Z O z "_' Z a F- �2 F- Z N Kam c_ "- Cf) O m z. 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O fV O 'O O, N: • 31.x. .i l ��` SY' N +1> >* t l?l ' 4�i sly L2 12 m N 0 N Q Uf LU M LL J a U C v E mC CL N L LL C 7 O U Tv1 V ^Ll W E w r R v v 0 0 O 0 m m N 0 N I I §: 4j: \ Itg « { \ \ } I r r ©� d � � 9 \ / 3 \£/ 0\})\2E 2 f E LU a 0 � a c v � D > 'o LL> T C V C IL O � 9 a o ~ d N c O 0 � m m .Q U N C > E o E a` o 0 E m d N 0 u A M m A N T W r M N m a I N a o '�"r° Yt��2 y jit aY,A j`'3 u N �'^ o0 L F O � U '- n i` T .� 9 •+ 3 = N � v v ,u - � G a 'Z to 0 „y a' N G 'A O Q � r L O � O u m �iM 9 O r � , = `m M�,M 1Y Q �i O W N O 7 Z' � O O (J a w ',-. r 0 v m of m a M N U O N a �_ u _N N 'C O h .� W a c v v "u c H O N m N 0. 4� :,Qt V� �? 5 �I ,- r m ui ili til ii: n: �!��' �, t� h �; Ui O Ili — f) IL a - O 1 N `3 O (11 II. ;1� .11. N LT 41 n -. �. ..',f .. � N h U N N N N C w V �U C H U C Gl m N E LU i I C E 0 0 O 0 u w M 0 M W v m a a m I C O n sP, vim^• Q �S .O - y LL O O N Y C j v a V C o A = o 0 H F _ u a' w z m O LL o vjo i i i m' 1LL Q r. N I 0 1� 0 Iz L a C 4 o '> v 'p IL � C Y w a L R N O � � U h y a O O L O D V1 A N c 0 u D � o E E a u 1� 0 Iz 90 rJ O.2 N1��1- Q C v O E r LL :l 0— O Y v O M O N M (D r. I N C Y V_ .L n C C Y N C .m Y !.: m T Y C v �.1 C M M W m N U. N O 9 LLIOO�-- g a Nl�i� a' c cl,-Ioo 0 m Qltio!v LL I q ©©R\ M.- am ±+ HIM" ƒ� %3� {d/\ � ƒ \ i\ A, �. \ k ;w \ 1 _ \ _ £«\ /\{}2//3k/ N F I LP N F I COMMUNITY SERVICES DEPARTMENT AGENDA REPORT TO: Grant Yates, City Manager FROM: Johnathan O. Skinner, Community Services Director DATE: October 16, 2014 SUBJECT: Community Services Monthly Report PREPARED BY: Vicky Saavedra, Community Services Office Specialist RECOMMENDATION: Receive and file. BACKGROUND: The following provides a summary of the Community Services Department's programs, activities and events for September 2014. VOLUNTEERS We have a total of 30 volunteers for our upcoming Howl -O -Ween Spooktacular event held on October 24 at the Lake Community Center. We currently are recruiting clerical volunteers for City Hall and the Senior Center. The current total of volunteer applications submitted for the 2014 year is 71. COMMUNITY CENTER The Brown Bag Food Distribution Event was held on Thursday, September 11 & 25. SENIOR ACTIVITY CENTER A total of 13 patrons went on the trip to the Aquarium of the Pacific on Friday, September 5 and had an excellent time. The Senior Center was used as a Cool Center September 15- 17 due to temperatures exceeding over 100 degrees. 13 seniors went on the shopping trip to Victoria Gardens on September 18. The monthly Blood Pressure Clinic, Successful Aging Presentation, Health Insurance Counseling and Advocacy Program and notary services were all a success. The 7 -Week Healthier Living Program began and will continue through October 30, on Thursdays frorn 12:00-2:30pm. Karaoke and Movie Monday went well as usually. Dr. Javier Rios had a great turn out for his "Sex after 65" presentation. He had 35 seniors present. Following the presentation the Senior Center offered free blood pressure and glucose screening. On September 26, AmeriHealth Hospice and Hospice of the Valley provided the Senior Center with cake fortheir monthly birthday celebration. The Mobile Fresh Program that brings produce to sell to the seniors, agreed to continue coming to the Senior Center every other Monday. We have 16 seniors enrolls in the computer classes. SPECIAL EVENT Survivor Mud Run was held at the Diamond Stadium in Parking Lot B on September 20. With over 1,000 in attendance, participants were able to enjoy a course with many different types of obstacles, beer and wine garden, music and MUD! SKATE PARK The total attendance at the skate park for the month of September was 513. We had 1 rental and 27 new waivers filled out. Skate 123 Scooter 223 BMX 167 Cai\ ?11100. L/ll.L I -111 RL Tuesday, October 28, 2014 City of Lake Elsinore Regular Agenda Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCYMEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM CLOSED SESSION - None Cultural Center 183 N. Main St., Lake Elsinore PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., Lake Elsinore LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Cultural Center 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. If you are attending this Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. 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 City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.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 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 Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 1012312014 Successor Agency Regular Agenda October 28, 2014 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the meeting and turn it into the Clerk The Chair or Clerk 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.) 1) ID# 14-331 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval SA Minutes 10-14-2014 2) ID# 14-332 Warrant List Dated October 16, 2014 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 16, 2014, Attachments: SA RDA Staff Report 10-28-14 SA RDA summary 10 16 14 SA RDA Warrant List 10 16 14 3) ID# 14-333 Approve Successor Agency Resolution Authorizing Participation in Program to Fund Property Tax Delinquencies and Approving Amendments to Fiscal Agent Agreements and Execution of Other Agreements as Necessary for Such Purposes Recommendation: Adopt Successor Agency RESOLUTION NO. SA 2014-005 authorizing participation in program to fund property tax delinquencies and approving amendments to fiscal agent agreements and execution of other agreements as necessary for such purposes. Attachments: SA Delinquent Tax Aqenda Report revised (3) Lake Elsinore SA Resolution CFD 90-2 City of Lake Elsinore Page 2 Printed on 1012312014 Successor Agency Regular Agenda October 28, 2014 PUBLIC HEARING(S) - None APPEALS) - None BUSINESS ITEM(S) - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Agency form prior to the start of the Meeting and turn It in to the Clerk. The Chair or Clerk will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The next regularly scheduled of Tuesday, November 11, 2014, has been cancelled. The Lake Elsinore Successor Agency will adjourn this meeting to a Special meeting scheduled for Wednesday, November 12, 2014. The Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, Agency Clerk of the Successor Agency for 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. 01 _ , - �a_�PU �Wm - VirginiaU. Bloo ency Clerk City of Lake Elsinore Page 3 Printed on 10/23/2014 C[7r CIF �,.. >_t)KE, r_si Tuesday, October 14, 2014 CALL TO ORDER City of Lake Elsinore Meeting Minutes Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Chairperson Johnson called the meeting to order at 7:52 p.m. ROLL CALL LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Agency Member Hickman, Agency Member Magee, Agency Member Tisdale, Vice -Chair Manos, and Chairperson Johnson Also present: Executive Director Yates, Legal Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Police Chief Hollingsworth, Fire Chief Barr, and Deputy City Clerk Giron. PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-318 Approval of Minutes Attachments: SA Minutes Report 10-14-2014 Cultural Center SA Minutes 8-26-2014 SA Minutes 9-9-2014 SA Minutes 9-23-2014 It is recommended that the Successor Agency approve the Minutes as submitted. City o/ Lake Elsinore Page 1 ------------- L KE "'AISMORE DRl3ANA L,XI`R11Mt ,u REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Virginia J. Bloom, Agency Clerk DATE: October 28, 2014 SUBJECT: Approval of Minutes Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of October 14, 2014 Prepared by: Diana Giron, Deputy City Clerk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director Successor Agency Meeting Minutes October 14, 2014 2) ID# 14-319 Warrant List dated September 25, 2014 Attachments, SA RDA Staff Report 10 14 14 SA RDA summary 09 25 14 SA RDA Warrant List 09 25 14 It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated September 25, 2014. Motion by Agency Member Tisdale, seconded by Vice -Chair Manos to approve all items identified on the Consent Calendar, the motion passed by unanimous vote as follows: AYES Agency Member Tisdale, Vice -Chair Manos, Agency Member Hickman, Agency Member Magee, and Chairperson Johnson NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None EXECUTIVE DIRECTOR COMMENTS - None AGENCY LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Johnson adjourned this meeting at 7:53 p.m. to the next regularly scheduled meeting to be held on Tuesday, October 28, 2014, at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Natasha Johnson, Chair Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 2 Agenda Date: 10/28/2014 In Control: Successor Agency Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 14-332 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City o/ Lake Elsinore Page 1 Printed on 1012312014 REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Virginia J. Bloom, Agency Clerk DATE: October 28, 2014 SUBJECT: Approval of Minutes Recommendation It is recommended that the Successor Agency approve Minutes as submitted. Discussion The following minutes are submitted for approval: a. Regular Successor Agency meeting of October 14, 2014 Prepared by: Diana Giron, Deputy City Clerk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director Lt11�3 ��L56I`It)1ZL: ��" lrlitr •j Tuesday, October 14, 2014 CALL TO ORDER City of Lake Elsinore Meeting Minutes Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TI SDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Chairperson Johnson called the meeting to order at 7:52 p.m. ROLL CALL LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Agency Member Hickman, Agency Member Magee, Agency Member Tisdale, Vice -Chair Manos, and Chairperson Johnson Also present: Executive Director Yates, Legal Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Police Chief Hollingsworth, Fire Chief Barr, and Deputy City Clerk Giron. PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-318 Approval of Minutes Attachments: SA Minutes Report 10-14-2014 SA Minutes 8-26-2014 SA Minutes 9-9-2014 Cultural Center SA Minutes 9-23-2014 It is recommended that the Successor Agency approve the Minutes as submitted. City of Lake Elsinore Page 1 Successor Agency Meeting Minutes October 14, 2014 2) ID# 14-319 Warrant List dated September 25, 2014 Attachments: SA RDA Staff Report 10 14 14 SA RDA summary 09 25 14 SA RDA Warrant List 09 25 14 It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated September 25, 2014. Motion by Agency Member Tisdale, seconded by Vice -Chair Manos to approve all items identified on the Consent Calendar, the motion passed by unanimous vote as follows: AYES Agency Member Tisdale, Vice -Chair Manos, Agency Member Hickman, Agency Member Magee, and Chairperson Johnson NOES None ABSENT: None ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None EXECUTIVE DIRECTOR COMMENTS - None AGENCY LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Johnson adjourned this meeting at 7:53 p.m. to the next regularly scheduled meeting to be held on Tuesday, October 28, 2014, at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, California. Natasha Johnson, Chair Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 2 CITE' OF LTE SIti0RX DR[AM EXTRF,MF 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: OCTOBER 28, 2014 SUBJECT: WARRANT LIST DATED OCTOBER 16, 2014 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 16, 2014 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, Jason Simpson Administrative Services Director Approved By: Grant Yates City Manager Attachments: Warrant List 10-16-2014 OCTOBER 16,20M WARRANT SUMMARY SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OFTHE CITY OF LAKE IE]LSINORE FUND4 FUND DESCRIPTION TOTAL 510 SUCCESSOR TO RDA AREA 1 $ 2,463.65 520 SUCCESSOR TO RDA AREA 2 1,317.86 530 SUCCESSOR TO RDA AREA 3 1,317.86 540 SUCCESSOR DIAMOND STADIUM 65,070.01 GRAND TOTAL $ 70,169.38 10/21/2014 Warrant 10 16 14 SA RDA 1 of 1 OCTOBER 16, 2014 WARRANT LIST SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CMECK# VENDOR NAME AMOUNT Slat 7234 LEIBOLD. MCCLENDON & iG�cI7 GRAND TOTAL $ 70,169.38 10/21/2014 Warrant 10 16 14 SA RDA 1 of 1 Agenda Date: 10/28/2014 In Control: Successor Agency Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 14-333 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 1012312014 4 I�t�i��t`a E�I�I�rnat: REPORT TO SUCESSOR AGENCY TO: HONORABLE CHAIR AND MEMBERS OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: OCTOBER 28, 2014 SUBJECT: RESOLUTION AUTHORIZING PARTICIPATION IN PROGRAM TO FUND PROPERTY TAX DELINQUENCIES AND APPROVING AMENDMENTS TO FISCAL AGENT AGREEMENTS AND EXECUTION OF OTHER AGREEMENTS AS NECESSARY FOR SUCH PURPOSES Recommendation It is recommended that the Successor Agency approve and adopt: Resolution No. 2014- _ A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING ASSIGNMENT OF DELINQUENT TAX RECEIVABLES TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PRIOR FISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS Background On May 27, 2014, the City Council of the City of Lake Elsinore adopted Resolution No. 2014-028 approving assignment of delinquent tax receivables from the City's Community Facilities Districts and Assessment District No. 93-1 to the California Statewide Communities Development Authority (CSCDA) for prior fiscal years, and authorizing execution and delivery off related documents and actions. The CSCDA is a statewide joint powers authority sponsored by the League of California Cities and the California State Association of Counties, under which the total amount of money due for qualified tax delinquencies will be advanced in full by the CSCDA, along with a 10% premium, in exchange for an assignment or sale of the rights to the payments made by the owners of tax -delinquent properties, if and when such payments are made, along Resolution — Participation in Delinquent Property Tax Program through CSCDA October 28, 2014 Page 2 with the penalties and interest that are due thereon. This program is designed like a "Teeter Plan" for agencies that do not participate in a Teeter Plan or for agencies that levy some taxes that are not eligible for inclusion in the County's Teeter Plan. The former Redevelopment Agency of the City of Lake Elsinore established Community Facilities District No. 90-2 and issued special tax bonds captioned 17,340,000 Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) Special Tax Parity Bonds, 2007 Series A" (the "CFD Bonds"). The Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, as successor to the former Redevelopment Agency of the City of Lake Elsinore, acts as legislative body for CFD No. 90-2 and Successor Agency approval is necessary to include the special tax delinquencies from CFD No. 90-2 in the CSCDA tax delinquency program. Debt service on the bonds is secured solely by special taxes levied on certain property within the CFD (the "Special Taxes") and is not part of the Successor Agency's recognized obligations relying on Real Property Tax Trust Funds. The CSCDA program is financed pooling the tax delinquencies of different local agencies, and selling Certificates of Participation for the amount of all of the accumulated delinquencies to CSCDA's selected underwriter, Tower Capital Management (Tower). In the first year of an agency's participation, CSCDA will purchase delinquencies that are up to 5 years old, meaning CSCDA will pay the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore 100% of the qualified taxes remaining delinquent from any time during the last 5 years. CSCDA requires a three-year commitment from participating agencies that wish to sell their delinquencies. If the attached Resolution is approved, Tower will conduct due diligence to determine which delinquencies qualify for the program, and on what terms. Thereafter, the results will be reviewed with qualified officers of the Successor Agency. A schedule will then be set to proceed to closing, at which time the Successor Agency will receive its money on a non-recourse basis for all delinquencies that are sold. After the first year, and each year thereafter, CSCDA will request that the Successor Agency extend the agreement for one additional year. This will ensure that a 2 to 3 year "evergreen" term always exists. If the Successor Agency wants to exit the program, it need only decline to extend the term and wait to exit the program when the existing term is completed. Discussion The CSCDA program offers a number of benefits to the Successor Agency in connection with CFD No. 90-2. a. The traditional remedy of foreclosing on constituent property owners to pay bondholders, is essentially replaced with a funding of the delinquencies until the County Tax Collector is prepared to foreclose on Resolution — Participation in Delinquent Property Tax Program through CSCDA October 28, 2014 Page 3 all of the taxes together. Under State law, the Tax Collector is not allowed to foreclose until 5 years after the first delinquency. In many CFD bond indentures, the legislative body may be required to foreclose well in advance of that 5 -year date, depending on the level of delinquencies and the particular foreclosure covenant that is in the applicable Bond Indenture. This program has the effect of "truing up" these redemption periods so that delinquent special taxes and assessments have the same redemption period as 1% ad valorem tax delinquencies. b. The Successor Agency saves the staff time and money required to send notices to property owners, strip delinquent taxes from the tax roll and file, pursue, monitor and complete judicial foreclosure proceedings. C. Bondholders receive an additional layer of security by knowing that participation by the Successor Agency in this program effectively means that there will be no delinquencies and that they will be paid in full. d. Taxpayers receive the benefit of no foreclosures in advance of the 5 - year redemption period, not being threatened with foreclosure, and not having to pay Successor Agency costs and attorney fees related to a foreclosure which can sometimes dwarf the delinquent taxes due. f. Property owners who pay their special taxes on time will be assured that the amounts levied against their properties will not be increased, to cover the delinquencies of other property owners. For these reasons, staff recommends that the Successor Agency participate in this funding program. Staff has caused the attached Resolution to be prepared, authorizing the Executive Director and the Director of Administrative Services to execute amendments as necessary to each of the Fiscal Agent Agreements (or other agreements) governing the bonds issued on behalf of CFD No. 90-2 to approve a purchase and sale agreement between the Successor Agency and CSCDA for the sale of the CFD No. 90-2 delinquent tax receivables and authorizing staff to execute such an agreement and any other documents, and to perform such acts as are necessary or appropriate, to consummate the sale and assignment of qualified delinquencies to CSCDA for the 2012-13 fiscal year (including all prior year delinquencies for the prior 4 years on the tax roll) outstanding as of the cut-off date (being the date of last distribution of taxes from the County and granting CSCDA the right to purchase future delinquencies of levies made for fiscal years 2013-14 and 2014-15. Resolution — Participation in Delinquent Property Tax Program through CSCDA October 28, 2014 Page 4 Each of the amendments will be reviewed by Bond Counsel to the Authority (Jones Hall, San Francisco) with the understanding that the consummation of the purchase and sale transaction is contingent upon the agreement of the bond trustees or fiscal agents (and their counsel) if appropriate under existing agreements and the Successor Agency's receipt of an opinion from Bond Counsel to the effect that the amendments being made in the attached resolution comply with the requirements of each respective Bond Indenture or Fiscal Agent Agreement, as applicable. Fiscal Impact The primary benefit this program offers a simple process which will serve as a reduction in costs to the delinquent property tax owner and a significant reduction in the administrative burden to staff and outside attorney's attempting to obtain payment on delinquencies as required by the bond documents. It is estimated that the Successor Agency's participation in the program will generate additional revenues of approximately $35,000 prior to or during FY 2014-15. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates Executive Director Attachments: Successor Agency Resolution No. SA 2014-00 RESOLUTION NO. SA -2014- A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING ASSIGNMENT OF DELINQUENT TAX RECEIVABLES TO THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FOR PRIOR FISCAL YEARS, AND AUTHORIZING EXECUTION AND DELIVERY OF RELATED DOCUMENTS AND ACTIONS WHEREAS, under Section 6516.6 of the Government Code of the State of California (the "Law"), a local agency is authorized to sell and assign to a joint powers authority any or all of its right, title, and interest in and to the enforcement and collection of delinquent and uncollected ad valorem property taxes, special taxes and assessments, and property -related fees and charges that have been levied by or on behalf of such agency for collection on the secured, unsecured, or supplemental property tax rolls in accordance with such terms and conditions as are set forth in an agreement with the joint powers authority; and WHEREAS, the California Statewide Communities Development Authority (the "Authority") is an existing joint powers authority and, as such, is authorized under the Law to issue its bonds, notes, certificates of participation or other obligations for the purpose of providing funds to purchase delinquent taxes and assessments in accordance with the Law upon terms and conditions which are acceptable to the local agency from whom such delinquent taxes and assessments are acquired; and WHEREAS, the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore (the "Successor Agency'), as successor to the former Redevelopment Agency of the City of Lake Elsinore (the "Former Agency"), acts as legislative body for an existing community facilities district known as Redevelopment Agency of the City of Lake Elsinore CFD No. 90-2 (the "CFD"); and WHEREAS, the Former Agency previously issued is special tax bonds captioned "$7,340,000 Redevelopment Agency of the City of Lake Elsinore Community Facilities District No. 90-2 (Tuscany Hills Public Improvements) Special Tax Parity Bonds, 2007 Series A" (the "CFD Bonds"), debt service on which is secured solely by special taxes levied on certain property within the CFD (the "Special Taxes"); and WHEREAS, the Special Taxes may only be used to pay debt service on the CFD Bonds and administrative costs directly related to the CFD, and for no other purpose; and WHEREAS, certain Special Taxes are currently delinquent (the "Delinquent Special Taxes"); and WHEREAS, the Authority has requested the Successor Agency to authorize the sale of its Delinquent Special Taxes to the Authority for the fiscal years ending June 30 in each of the years 2009 through 2016 (the "Covered Fiscal Years") at a purchase SUCCESSOR AGENCY RESOLUTION NO. SA 2014-00 Page 2 price equal to 110% of the principal amount of Delinquent Special Taxes which are eligible for sale and assignment; and WHEREAS, the Authority has made arrangements to issue and sell one or more series of certificates of participation representing a participation interest in all of the Delinquent Special Taxes received from the Successor Agency and delinquent taxes and assessments from other participating local agencies, which will be sold to a designee of Tower Capital Management, LLC, a Delaware limited liability company ("Tower Capital'); and WHEREAS, the Board of the Successor Agency wishes at this time to approve the foregoing financing plan and authorize the execution and delivery of all related documents and actions; NOW, THEREFORE, THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Authorization of Sale of Delinquent Special Taxes. The Successor Agency hereby approves and authorizes the sale of Delinquent Special Taxes, in whole or in part, for any one or more of the Covered Fiscal Years, to the Authority for a minimum purchase price of 110% of the amount thereof. Section 2. Authorization to Execute Financing Documents. In order to implement the financing plan approved under Section 1, the Successor Agency hereby authorizes the Executive Director or the Director of Administrative Services (each, an "Authorized Officer"), to execute and deliver one or more agreements between the Authority and the Successor Agency whereby the Successor Agency sells Delinquent Special Taxes to the Authority upon terms and conditions which are acceptable to an Authorized Officer. An Authorized Officer is hereby authorized and directed to execute such agreements in the name and on behalf of the Successor Agency. The material terms of each such agreement shall include the following: (a) the Delinquent Special Taxes shall be sold to the Authority for a purchase price at least equal to 110% of their par amount, which shall be paid to the Successor Agency upon the closing of the transaction in funds that are immediately available to the Successor Agency; (b) as a result of such sale, the Authority shall be entitled to receive all amounts collected in respect of such Delinquent Special Taxes, including applicable interest and penalties, provided that all such collections shall continue to be made in the manner prescribed by law; (c) such sale of Delinquent Special Taxes shall be without recourse to the Successor Agency, and the Successor Agency shall not incur any -2- SUCCESSOR AGENCY RESOLUTION NO. SA 2014-00_ Page 3 liability or assume any responsibility to the Authority for the collection of the Delinquent Special Taxes; (d) all costs of financing the purchase of Delinquent Special Taxes by the Authority shall be the sole responsibility of the Authority, and the Successor Agency shall not have any liability for payment of such costs; and (e) in order to provide funds for the financing of the Delinquent Special Taxes, the Authority shall be authorized to sell one or more series of certificates of participation to Tower Capital. Section 3. Official Actions. The Chairperson, the Executive Director, the Director of Administrative Services, the Secretary, and all other officers of the Successor Agency are hereby authorized and directed, for and in the name and on behalf of the Successor Agency, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, amendments to existing bond indentures or similar instruments, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the sale of Delinquent Special Taxes to the Authority for the Covered Fiscal Years. Whenever in this Resolution any officer of the Successor Agency is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer is absent or unavailable. Section 4. Effective Date. This Resolution shall take effect from and after the date of approval and adoption thereof. PASSED, APPROVED AND ADOPTED at a regular meeting of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore, held this 28th day of October, 2014 by the following vote: APPROVED AS TO FORM: Barbara Leibold, Successor Agency Counsel ATTEST: Virginia J. Bloom, Secretary -3- Natasha Johnson, Chairperson Printed at: 11:21 amn i 1825 Chicago Ave, Suite 100 on: Tuesday, Oct 7, 2014 THE PRESS -ENTERPRISE Riverside, CA 92507 (951) 684-1200 Ad #' 0009976639 Classified Advertising (800) 514-7253 Order Taker: mbirajero Proof (951) 368-9018 Fax Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will held appublic hearing on October 28, 2014, at the Lake Elsinore Cultur- al Center, 183 North Main Street, Lake Elsinore, California at 7 00 p.m. to consider the following item, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, li GLARING ITS INTENTION TO VACATE PUBLIC STREETS IN ALBERHILL RAMON AREA ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written intormatien, express opinions or otherwise present evidence in the above matter. It you wish to legally challenge any action taken by the Cit yy on the above matter, you may be limit- ed to raising onry those issues you or someone else at the pubAc hearing described in this notice, or in written correspondence delivered to the Chy prior to or at the public hearing. FURTHER INFORMATION on this item may be ob- tained by contacting Nicole McCalmont in the Engineer- ing Division at (951) 674-3124, ext. 245. All agenda materi- als are available for review at City Hail. Virginia J. Bloom City Clerk Posted at City Hall on October 5, 2014 Published in the Press Enterprise on October 10, 2014 Page 1 of 1 Account Information Phone #: 951-674-3124 Name: LAKE ELSINORE, CITY OF Address: 130 S MAIN ST , LAKE ELSINORE, CA 92530 USA Account# 1100141330 Client: Placed By: Virginia Bloom Fax #: Ad Information Placement: Legal Liner PE li Riverside P2W Publication: PE Riverside, PF.com Start Date: 1011012014 Stop Date: 1 0/1 012 01 4 Insertions: 1 print 11 online Rate code: City Ad Lgl-PE-LGL PE City Legal Ad type: C Legal Size: 2.0 X 34 Li Bill Size: 68.00 Amount Due: $81.60 Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will held appublic hearing on October 28, 2014, at the Lake Elsinore Cultur- al Center, 183 North Main Street, Lake Elsinore, California at 7 00 p.m. to consider the following item, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, li GLARING ITS INTENTION TO VACATE PUBLIC STREETS IN ALBERHILL RAMON AREA ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written intormatien, express opinions or otherwise present evidence in the above matter. It you wish to legally challenge any action taken by the Cit yy on the above matter, you may be limit- ed to raising onry those issues you or someone else at the pubAc hearing described in this notice, or in written correspondence delivered to the Chy prior to or at the public hearing. FURTHER INFORMATION on this item may be ob- tained by contacting Nicole McCalmont in the Engineer- ing Division at (951) 674-3124, ext. 245. All agenda materi- als are available for review at City Hail. Virginia J. Bloom City Clerk Posted at City Hall on October 5, 2014 Published in the Press Enterprise on October 10, 2014 Page 1 of 1 CITY OF LADE ri-II) LSIAORT DREAM EXTREME. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on October 28, 2014, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California at 7:00 p.m. to consider the following item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PUBLIC STREETS IN ALBERHILL RANCH AREA ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City prior to or at the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Nicole McCalmont in the Engineering Division at (951) 674-3124, ext. 245. All agenda materials are available for review at City Hall. Virginia. City Clerk Posted at City Hall on October 6, 2014 Published in the Press Enterprise on October 10, 2014 of m o �qr+P.y O m 000 J P'L w u 9 r m m•• e ♦ "a „ m A -w LJ u y o rm o 0 O k n ➢ � v g O s � m w O a e e w m ,Zi an. m Z �• IJ m O Ria vv A O �, O a O a f. u v v a C iota. � 3AR10 v ioi F/SOW?J3N e R ec♦°OP l�l� O o eO PPO PO IO A N JO of m o label size 1" x 2 5/8" compatible with Avery' -'5160/8160 biquefte de format 25 mm x 67 min compatible avec Avery e'5160/8160 6914/0gt5",uan511n131rfiledwo(III i/gxILIIII ew.gI;II)p!oIIf 091 /09LS /1101'V ufurk ,Imtt>dutoa u8'4 G I. aii, iagrl 358 130 020 358 130 030 358 130 037 Christensen Clyde Solis Rodolfo Solis Rudy 14797 Sunrise Hill Rd 31390 Melvin St Po Box 150 Riverside, CA 92508 Menifee, CA 92584 Sun City, CA 92586 358 130 050 358 130 051 358 130 067 Solis Rodolfo Solis Rudolfo Pardee Homes 31390 Melvin St 31390 Melvin St 10880 Wilshire Blvd #1900 Menifee, CA 92584 Menifee, CA 92584 Los Angeles, CA 90024 358 600 001 358 600 002 358 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358 601019 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601020 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601021 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601022 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601023 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601024 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601025 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601026 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601027 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601028 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601029 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601030 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601031 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601032 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601033 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601034 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 358 601035 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 359 600 003 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 600004 Pardee Homes 10880 Wilshire Blvd #1900 Los 361 600 005 Pardee Homes 10880 Wilshire Blvd #1900 Los An, 600006 Pardee Homes 600007 Pardee Homes 600010 Pardee Homes 600 014 Pardee Homes 600 015 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles 10880 Wilshire Blvd #1900 Los Angeles 10880 Wilshire Blvd 41900 Los Angeles 10880 Wilshire Blvd #1900 Los Angeles 10880 Wilshire Blvd #1900 Los Angeles CA 90024 CA 90024 CA 90024 CA 90024 CA 90024 CA 90024 CA 90024 367 600 016 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 368 600 017 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 368 600 018 Pardee Homes 10880 Wilshire Blvd #1900 Los Angeles CA 90024 CITY OF LADELSIIYORE � DREAM EXTREME - NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on October 28, 2014, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California at 7:00 p.m. to consider the following item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO VACATE PUBLIC STREETS IN ALBERHILL RANCH AREA ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City prior to or at the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Nicole McCalmont in the Engineering Division at (951) 674-3124, ext. 245. All agenda materials are available for review at City Hall. Virgini&A. City Clerk Posted at City Hall on October 6, 2014 Published in the Press Enterprise on October 10, 2014 FeaS€� to 0 Q R€n � I r v e H a h c a � a _ A 2 O� s � w • a u v: a o 0 R __--e _ u •+.,N tAt me.. F v sae e_ p 0 f, O1 u F o F •- m O e b^ C O W V e 3AIlIO a iol VSO"NFIH � _ oo ll ., e N 4•^.. �L OO iO 4PO e® qO. aO O�y �� FeaS€� to 0 CITY OF LADE LSII`IOKE :v DREAM EXTREME. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on Tuesday, October 14, 2014, at the Lake Elsinore Cultural Center, 183 N. Main Street, Lake Elsinore, California, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following items: TENTATIVE PARCEL MAP 36632 — AN APPLICATION BY SAM- ELSINORE, LLC TO DIVIDE APPROXIMATELY 227.13 ACRES LOCATED NORTH OF INTERSTATE 15 AT MAIN STREET INTO SIX (6) PARCELS FOR THE PURPOSES OF FINANCING AND CONVEYANCE ONLY. NO DEVELOPMENT WILL BE ALLOWED WITH APPROVAL OF TENTATIVE PARCEL MAP 36632. FURTHER INFORMATION on this item may be obtained by contacting Linda Miller, Planning Consultant at (951) 674-3124, ext. 274, or by e-mail at Imiller(a),lake- elsinore.org, Agenda materials are available for review at City Hall, and on the City's website at www.fake-elsinore.org. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City prior to or at the public hearing. U" 16�� Virginia . Blo , City Clerk Posted at City Hall on Tuesday, September 30, 2014 Published in the Press Enterprise on Saturday, October 4, 2014 VICINITY MAP TENTATIVE PARCEL MAP NO. 36632 CITY OF LOKELS]IYOIZE October 28, 2014 To: Lake Elsinore City Council FROM: Frank Taylor Community Safety Consulting Group (CSCG) SUBJECT: Request for Study Session or Presentation item Unmanned Aerial Systems (UAS) "Conceptual' Program CONTACT INFORMATION: Frank Taylor - Retired Sheriffs Captain CSCG -Community Safety Consulting Group info(aj)cscg4u•con� 760-250-8358 INFORMATION: Good evening honorable Mayor, members of the City Council, and Mr. City Manager. My name is Frank Taylor and I reside in Palm Desert. This is a request for a Study Session, or presentation at a future date regarding a "conceptual' program which many in the past have called "drones," but what we promote as small Unmanned Aerial Systems. No funding is being requested and I have provided a copy of this request to the City Clerk with contact information. I retired as a Captain with the Sheriffs Department in 2012 after almost 29 years of service to local communities in Riverside County. I run a local company, Community Safety Consulting Group (CSCG), which includes pilots, retired public safety members and several consultants within the Unmanned Aerial Systems community. Our group is currently working and volunteering our time locally to help public agencies look at the viability of Unmanned Aerial System (UAS) programs within their communities. We have been taking a new approach to educate the public, the media and stakeholders first. Local agencies have become interested in Unmanned Aerial System technology to supplement their operations and potentially reduce some costs. As an example, it is anticipated these systems will not replace any current aerial services, but may be able to accomplish 30% of current search and aerial operations, at about 2% of the current cost. This would still leave 70% of the operations conducted by conventional means, but may show significant savings in the future, while helping save lives. Several public agencies have given their support of the "conceptual' program and we have given presentations in front of almost every City Council in the Coachella Valley. We have now begun reaching out to the rest of the cities in Riverside County, showing how the concept focuses upon four specific areas: Virginia Bloom From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Natasha, Are you ok with calendaring this? Grant Yates City Manager City of Lake Elsinore PH:(951) 674-3124 Ext. 361 Grant Yates Thursday, August 21, 2014 3:22 PM Natasha Johnson Virginia Bloom FW: "WRCOG Update" Presentation to your Councils / Boards Flag for follow up Flagged From: Bishop, Rick [mailto:Bishop@wrcog.cog.ca.us] Sent: Thursday, August 21, 2014 2:37 PM To: Adams, Aaron; Anstine, Randy; Barber, Scott; Belmudez, Richard; Bishop, Rick; Breskin, Ketih; Croy, Homer; Dawson, Michelle; DeBaun, Steve; Dudley, Rick; Haddad, Lana; Hill, Wally; Hults, Tim; Irvine, Greg; Jacobs, Carol; Johnson, Robert; Johnson, Tom; Jones, Paul; Leonard, Janis; Manis, Bill; Milhiser, Michael; Motlach, Habib; Nordquist, Gary; Okoro, Andy; Orr, Jay; Robbins, Brad; Rossi, John; Stone, Lori; Taylor -Berger, Ruthanne; Thompson, Gary; Grant Yates Subject: "WRCOG Update" Presentation to your Councils / Boards 0 As I mentioned at the conclusion of the TAC meeting today, each year I like to provide a brief presentation to your council/board (7-10 minutes) on WRCOG activities. if you find that you have a slot for me during the next several months, please let me know. Thanks! Rick Bishop Executive Director Western Riverside Council of Governments 4080 Lemon Street 3rd Floor, MS 1032 Riverside, CA 92501-3609 Phone: (951) 955-8303 Mobile: (951) 258-5047 Fax: (951) 787-7991 "Respect Local Control... Provide Regional Perspective" Diana Giron From: Virginia Bloom Sent: Thursday, August 28, 2014 8:36 AM To: Leonard, Janis Cc: Diana Giron Subject: RE: "WRCOG Update" Presentation to your Councils / Boards Great. Thanks, Janis. Our deadline for that Agenda is October 20th. We look forward to hearing back from you then. Please do not hesitate to ask should Mr. Bishop need any equipment for his presentation. Thankyou. Virginia Bloom City Clerk City of Lake Elsinore PH:(951) 674-3124 Ext. 262 From: Leonard, Janis[mailto:Leonard@wrcog.cog.ca.us] Sent: Thursday, August 28, 2014 8:36 AM To: Virginia Bloom Cc: Diana Gir6n Subject: RE: "WRCOG Update" Presentation to your Councils / Boards Good morning Virginia, October 281" works for Rick's calendar. His presentation is approximately 7 to 10 minutes in length, and he uses a PowerPoint. I can transmit it to you prior to the meeting, let me know if you have a deadline. Thank you, Janis L. Leonard Executive Assistant to Rick Bishop Western Riverside Council of Governments 4080 Lemon Street 3rd Floor, MS 1032 Riverside, CA 92501-3609 Phone: (951) 955-8320 Fax: (951)787-7991 "Respect Local Control... Provide Regional Perspective" From: Virginia Bloom [mailto:vbloom@Lake-Elsinore.orgj Sent: Monday, August 25, 2014 12:51 PM To: Leonard, Janis Cc: Diana Gir6n Subject: FW: "WRCOG Update" Presentation to your Councils / Boards Virginia Bloom From: Grant Yates Sent: Tuesday, October 28, 2014 1:56 PM To: City Council Cc: Barbara Liebold; Virginia Bloom Subject: Tonight's Meeting Rick Bishop from WRCOG asked to reschedule his presentation until he comes back so there will not be a WRCOG presentation tonight. Also we found a defect in the Public Hearing Notice and to be on the safe side we will be re -noticing the hearing for Nov. 12th. We were also informed that there will be speakers on the Dog Park item and I will forward to you a summary of Johnathan's conversation with the resident on this issue. Sent from my iPad CITY OfiI� u LSI P DREAM X'rREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization � / i ,, vv Represented: V� �1� 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) h to comment on the following non agendized item at end of meeting: iments limited to 3 minutes) Dat Stglrature 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! CIT Y GI r LPi-K,E LS 1 4. RE ''-4 DREAM EXTREME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Organization "� Represented: i CITY OF ,;i�N. 1(E LAKE S1 ` J. 4 V.. kEAM F TK � 9 N --------REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: I W a. P a IY? -1 Please Print Organization Represented: Phone � Address ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) ► € wish to comment on the following non-igendized item at the beginning of the meetln . (Comments limited to 1 minute) ► I wish to comment on the following non -a endized item at end of meetin : (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! Name: DREAM EXTREME _____REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Print Organization Represented: ► I wish to address Agenda Item No.t1_3 (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) 6_ d 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 C4,--LS1A0RE DREAM EXTRIME REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: e4pLtLA4 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 -a endized item at end of meetin : (Comments limited to 3 minutes) Date rj 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!