Loading...
HomeMy WebLinkAboutCC & SA Regular Agenda Packet 03-10-2015NOTICE OF POSTPONEMENT OF REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE NOTICE IS HEREBY GIVEN that the Closed Session Regular Meeting of the City Council of the City of Lake Elsinore scheduled for 5:00 p.m. on Tuesday, March 10, 2015, is postponed to 6:30 p.m. on Tuesday, March 10, 2015, at the Lake Elsinore Cultural Center, 183 Main Street, Lake Elsinore, California. Date: March 5, 2015 ///o14 Virga J. Bb6m, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS AFFIDAVIT OF POSTING CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, declare as follows: That I am the City Clerk of the City of Lake Elsinore and that I caused to be posted this Notice of Postponement in a conspicuous place at City Hall, 130 S. Main Street, Lake Elsinore, CA, within 72 hours of said postponement. I declare under penalty of perjury that the foregoing is true and correct. Dated: March 5, 2015 Vir 'hia J. BJo m, City Clerk LSI NOTICE OF POSTPONEMENT OF REGULAR CLOSED SESSION MEETING OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE NOTICE IS HEREBY GIVEN that the Closed Session Regular Meeting of the City Council of the City of Lake Elsinore scheduled for 5:00 p.m. on Tuesday, March 10, 2015, is postponed to 6:30 p.m. on Tuesday, March 10, 2015, at the Lake Elsinore Cultural Center, 183 Main Street, Lake Elsinore, California. Date: March 5, 2015 ///o14 Virga J. Bb6m, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS AFFIDAVIT OF POSTING CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, declare as follows: That I am the City Clerk of the City of Lake Elsinore and that I caused to be posted this Notice of Postponement in a conspicuous place at City Hall, 130 S. Main Street, Lake Elsinore, CA, within 72 hours of said postponement. I declare under penalty of perjury that the foregoing is true and correct. Dated: March 5, 2015 Vir 'hia J. BJo m, City Clerk LI,I,ELSIIIC�IIE ��t� DU.LAa^, tXnU: A+C City of Lake Elsinore Regular Agenda City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER LAKE-ELSINOREORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, March 10, 2015 7:00 PM Cultural Center CLOSED SESSION - Postponed to 6:30 PM 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 or Lake Elsinore Page I Printed on 31512015 City Council Regular Agenda March 10, 2015 2) 3) 4) 5) ID# 14-477 Warrant List dated February 26, 2015 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on February 26, 2015. Attachments: City Staff Report 3-10-15 Warrant Summary City 02 26 15 Warrant List City 02 26 15 ID# 14-478 Notice of Completion - McVicker Doq Park Fencinq Project No Z40000 Recommendation: 1.) Accept the improvements into the City maintained system; 2.) Direct staff to file the Notice of Completion with the County Recorder's Office; and 3.) Direct staff to release any remaining retention funds 35 days after filing of the Notice of Completion. Attachments: McVicker Doq Park Staff Report Notice of Completion NOC ID# 14-479 Notice of Completion of Traffic Siqnal Improvements at Canyon Hills Road / Sage Lane Project No. 4368 Recommendation: 1.) Accept the improvements into the City Maintained System; 2.) Authorize staff to file the Notice of Completion with the County Recorder; and 3.) Authorize staff to release contract retention monies 35 days after filing the Notice of Completion. Attachments: Notice of Com letion Traffic Si nal at Can on Hills Rd - Sa e Lane Signed Copy_ NOC Traffic Signal ID# 14-480 Award Agreement for Public Works Construction for Electric Vehicle Charging Stations, Project No. Z20001 Recommendation: 1.) Award the Agreement for Public Works Construction for the Electric Vehicle Charging Stations Project to Clean Fuel Connection, Inc., in the amount of $123,901; Approve a total construction budget of $142,486, which includes an approximate 15% construction contingency of $18,585; Authorize the City Manager to execute contract amendments not to exceed the construction contingency of $18,585; 2.) City Council approve the Agreement for Public Works Construction in substantially the form and authorize the City Manager to execute the Agreement in such final form as approved by the City Attorney; and 3.) Authorize the Public Works Director to record the Notice of Completion once he determines the work is complete, accepts the improvements into the City's maintained system, and releases the retention to Clean Fuel Connection, Inc., if no claims are filed against the project. Attachments: Notice to Award Electric Vehicle Charging Stations MB DB VD Clean Fuel Connection Construction Services Agmt CFC Proposal City of Lake Elsinore Page 3 Printed on 31512095 City Council Regular Agenda Attachments: CC Staff Report re Resolution of Necessity 031015-1 Map Rose of Necessity 031015 Legal Description APPEAL(S) - None BUSINESS ITEMS) 9) ID# 14484 La Laguna Resort and Boat Launch License Agreement March 10, 2015 Recommendation: City Council to authorize staff to begin cancellation procedures of the License Agreement with Pyramid Enterprise (Licensee) for Operation of the Campground, Day Use and Boat Launch Concession at the Lake Elsinore Recreation Areas described in the 2013 Agreement of Operations with Pyramid Enterprises, Section 17. Attachments: Staff Report - LA LAGUNA RESORT AND BOAT LAUNCH AGREEMENT MAR 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 CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, March 24, 2015. The regular Closed Session meeting will be held at 5:00 p.m. and the regular 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 foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 5 Printed on 31512015 C; l't"Y 01 - sem: LADE rail LS I I` ORF ----- REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Virginia J. Bloom, City Clerk DATE: March 10, 2015 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 February 24, 2015 Prepared by: Diana Giron Deputy City Clerk Approved and Submitted by: Virginia J. Bloom City Clerk Approved by: Grant Yates City Manager Attachment: Draft Minutes of February 24, 2015 City Council Meeting Minutes February 24, 2015 CONSENT CALENDAR 1) ID# 14455 Approval of Minutes Attachments: CC Minute Report CC Minutes 2-10-2015 It is recommended that the City Council approve the Minutes as submitted. 2) ID# 14-456 Warrant List dated February 12, 2015 Attachments: City Staff Report 2-24-15 Warrant Summary City 02 12 15 Warrant List Citv 02 12 15 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on February 12, 2015. 3) ID# 14-457 City Investment Report for January 2015 Attachments: City Investment Staff Report 2015-01.pdf Investment Report 2015-01 CITY.pdf Staff recommends that the City Council receive and file the City's Investment Report for January 2015. 4) ID# 14-458 Award of Agreement for Citywide Janitorial Services Contract Attachments: Staff Report - Janitorial Service Contract Janitorial Services Agreement Award the Agreement for Contractor Services to Semilla Landscape Corporation in the amount of $56,100; and City Council approve the Agreement for Contractor Services in substantially the form attached and authorize the City Manager to execute the Agreement for Contractor Services in such final form as approved by the City Attorney. 5) ID# 14-459 Award of Agreement for Public Works Construction to Ben's Asphalt Inc. for Annual Crack Seal & Pothole Repair Program 2015, CIP Project No. Z10002 Attachments: Staff Report - Contract Agreement to Ben's Asphalt Bens Asphalt Agreement MB Award the Agreement for Public Works Construction to Ben's Asphalt, Inc. for asphalt maintenance services for the Annual Crack Seal & Pothole Repair Program 2015, in the not -to -exceed amount of $100,000; and City Council approve the Agreement for Public Works Construction in substantially the form attached and authorize the City Manager to execute the contract in such final form as approved by the City Attorney. City of Lake Elsinore Page 2 City Council Meeting Minutes February 24, 2015 Motion by Council Member Magee, second by Mayor Pro Tem Tisdale, to waive further reading and adopt by title only Ordinance No. 2015-1333. City Clerk Bloom read the title of ORDINANCE NO. 2015-1333 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE TO PROVIDE MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES, and conducted the the roll -call vote; motion passed by unanimous roll -call vote as follows: AYES Council Member Magee, Mayor Pro Tem Tisdale, Council Member Johnson, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None 8) ID# 14462 Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvement Project Approval and Environmental Documentation (PA&ED) Progress Update Attachments: Staff Report for Railroad Canyon Interchange - VDCE City Council receive and file City Consultant's presentation on the progress of the Project Approval and Environmental Documentation (PA&ED) phase for Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvements. Consultant Project Manager Ati Eskandari provided the history and process of the interchange improvement project located at Railroad Canyon Road and Franklin Street at Interstate 15. Ms. Eskandari also explained the four (4) design alternatives and respective phases and costs. Scott Ritchie, Sub -Consultant, provided an overview of Alternative No. 4 and explained the viability for this alternative. He reviewed the design goals to minimize right of way impacts and keep the costs low; keep businesses intact; maximize the operation of the roundabouts with safety and lane configuration; and make the roundabouts function for large freight trucks, so that they can stay in one lane. The focus is on maximum capacity, safety, and minimal impacts. He also explained the design of the roundabouts to function with businesses and enough capacity for off ramp traffic. He stated that most of the business owners' accesses will remain. The City's website will host links with animation of the four (4) roundabout alternatives. Consultant Eskandari explained that a lot of detail goes into the preliminary engineering phase. Consultant Eskandari provided an overview of the project status and an alternative cost comparison of the project, cost for each phase, and temporary traffic impacts for Alternatives Nos. 2, 3, and 4. She also reviewed the level of service for all the roundabout alternatives. Consultant Eskandari stated that the approvals of the air quality and noise quality are critical to stay on project schedule. City o/ Lake Elsinore Page 4 City Council Meeting Minutes February 24, 2015 Consultant Project Manager Ati Eskandari provided status of the Central Avenue at Interstate 15 interchange improvement to Council. Consultant Eskandari stated that a project study was conducted in 2005 in an effort to improve traffic congestion at the interchange. As a result, interim improvements to widen the Central Avenue underpass were completed in 2010. She reviewed Interchange Alternatives Nos. 2 and 3 and stated the City's General Plan shows Central Avenue as an eight (8) lane arterial which serves the community as a built out and provides service to the county and is used to get to Highway 74. After several discussions with Caltrans, the PA & ED phase was put on hold because there were fatal flaws with both alternatives because the design could not meet the Caltrans design requirements. To reinitiate the PA & ED phase the City needs to ask WRCOG to set aside a certain amount of funding that will be available by the end of Fiscal Year 2015/2016 at a cost of approximately $1 million and the current budget allocates $133,000. Consultant Eskandari advised that the City needs to reevaluate the PA & ED alternatives and update the traffic study, because traffic volumes have changed. City Manager Yates thanked Council Member Magee for requesting that this item come forward. It is time to focus on this project because of the leadership positions that Council Members have and the City's relationship with regional partners. City Manager Yates also thanked Consultant. Eskandari and her team for all their work. 10) ID# 14-464 Appointments to the Planning Commission Attachments: Staff report PC Appointments The Council sub -committee will make its short list recommendation to the Mayor and Council for consideration of two (2) short-term appointments to the City's Planning Commission. A vote will be called for each nomination, and the applicant receiving the highest number of affirmative votes from the majority of the Council present shall be appointed to serve on the City's Planning Commission for a term commencing on March 1, 2015 and ending on June 30, 2016. City Clerk Bloom provided on overview of the staff report and the Council Sub -Committee recommendations for appointments to fill two short-term positions on the Planning Commission. Council Member Magee explained the interview process and the importance of a position on the Planning Commission. He and Council Member Hickman recommended two (2) names to be appointed for two (2) short-term positions on the Planning Commission, two (2) names to place on reserve; and recommendations that a couple of the applicants be considered for the Public Safety Advisory Commission recruitment in June 2015. Council Member Magee provided qualifications and brief backgrounds for nominees, Tim Fleming and Lance Ray. Council Member Magee nominated Tim Fleming and Lance Ray. City Of Lake Elsinore Page 6 City Council Meeting Minutes February 24, 2015 Mayor Pro Tem Tisdale congratulated the newly appointed Planning Commissioners and the Sub -Committee for interviewing all the candidates. He also thanked Finance Department, City Attorney Leibold, and staff for all their work on the ROPS. Mayor Pro Tem Tisdale stated that he and Council Member Magee had the opportunity to attend Little League opening day and that the fields needed maintenance work. He stated the traffic at Railroad Canyon is a difficult situation that needs to be resolved as the City's population continues to grow. He asked residents for their patience as the City moves forward with the roundabout process. Mayor Manos thanked Council Member Johnson for attending the National Endowment of Arts event; and Mayor Pro Tem Tisdale and Council Member Magee for attending the Little League opening day. Mayor Manos stated that he attended the League of California Cities meeting where attendees discussed issues regarding strategic goals and expanding economic development tools; reducing regulations, implement reform to help reduce unfound liabilities, modernized financing and infrastructure maintenance of construction for roadways; the Governor's budget; and the proposition for legalization of cannabis. Mayor Manos recognized Council Member Magee on his appointment as Chairman of the RCTC (Riverside County Transportation Commission.) Mayor Manos thanked the public for their attendance and decorum at the meeting. ADJOURNMENT Mayor Manos adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting to be held on Tuesday, March 10, 2015, at 7:00 p.m. Steve Manos, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 L.AXjE &-ji,,LSINOI E DREAM E,)'I'Rt.Mt REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: MARCH 10, 2015 SUBJECT: WARRANT LIST DATED FEBRUARY 26, 2015 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on February 26, 2015. 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 2-26-15 FITI VARY 26, 2015 01111 Y OF 1LAIKE JFLS11N RIF. WARRAN i ,tip ;r CTITCKIf VTNT)OR NAME, AMOUNT 120707 VOID -A BETTER PARTY _ $ (1,107.82) 12 0820 VOID -CROP PRODUCTION SERVICES, INC. _ _ _ _ _ (72.38) 121252 AMERICAN MATERIAL CO. 98.68 121253 APPLE ONE 3,194.80 121254 CDW GOVERNMENT, INC. 1,069.20 121255 DIANA CERVANTES 516.14 121256 CORELOGIC SOLUTIONS, LLC 475.00 121257 DEROEST 6 PACK, INC. 480.71 121258 DISCOUNT HAULING& CLEANUP SERVICE 350.00 121259-121260 EXCEL LANDSCAPE, INC. 14,850.00 121261 HDLCORENI_&_CONIE 2,035.00 121262 IRON MOUNTAIN INC. 157.73 _ 121263 ROBIN JACKSON 406.00 121264 JIVE COMMUNICATIONS, INC. 1,973.17 121265 KJ SERVICES ENVIRONMENTAL CONSULTING 576.50 121266 KPA, LLC 563.00 121267 LAKE CHEVROLET 847.94 121268 MUNISERVICES, LLC 7,331.87 121269 GUSTAVO POLETTI 39.00 121270 POWERLAND EQUIPMENT, INC. 2,050.00 121271 THE PRESS ENTERPRISE 153.60 121272 _ RH CONSULTING 422.50 121273 _ _ _ RIGHTWAY SITE SERVICES, INC. 36.26 121274 ROW TRAFFIC SAFETY, INC. 84.24 121275 SELECT ELECTRIC INC 116,249.94 121276-121279 SO CAL LAND MAINTENANCE, INC. 41,785.00 121280 STAPLES ADVANTAGE 665.71 121281 STAPLES CREDIT PLAN 836.41 121282 SUN PAC CONTAINERS 85.00 121283 TYLER TECHNOLOGIES, INC. 1,156.25 121284 VENUS PRINTING 430.92 121285 VERIZON CALIFORNIA 156.06 121286 VERIZON WIRELESS (#4) 302.86 121287 VERIZON WIRELESS (#5) 200.11 121288 A BETTER PARTY 1,288.01 121289 ACTION GAS & WELDING SUPPLY 72.27 121290 ALBERT WEBB & ASSOCIATES 3,512.75 121291 ALLEGRA MARKETING PRINT MAIL 1,447.20 121292 AMERICAN FORENSIC NORS_ES _ _ 280.00 121293 AMERICAN MATERIAL CO. _ 1,879.20 121294 APPLE ONE 4,521.58 121295 _ BURKE, WILLIAMS & SORENSEN LLP 11,630.95 _ _ 12 1296 -CALIFORNIA STATE DEPARTMENT OF JUSTICE 245.00 121297 CAMBERN & CENTRAL INVESTORS, LLC 218,862.75 121298 CLEAN HARBORS ENVIRONMENTAL SERVICES 1,713.00 121299 DATA QUICK INFORMATION SYSTEMS, INC. 130.50 121300 _DELLMARKEJTNJGj LP 3,573.33 121301 DEROEST 6 PACK, INC. 62.52 121302 DIAMOND STAR ASSOCIATES, INC. 121303 CAROLE DONAHOE A C P 121304 DOWNS COMMERCIAL FUELING, IN 121305-121308 E V. M. W. D. 3/2/2015 Warrant 02 26 15 City I OF 3 16 L'I FEBRUARY 2r, 2015 C,lll"Y OF LAKE E LSINNR>< 1.1.-1ECK4 VT:NI)O;R NAMI 121369 WAL-MART COMMUNITY 121370 WALLACE & ASSOCIATES CONSULTING 121371 WAXIE SANITARY SUPPLY 121372 WEST COAST SERVICES NIA P.E.R.S ('.Al IMPNIA P 02/26/15 _PAYROLL CASH 02/26/15 PAYROLL TAXES 02/19/15 WIRE TRANSFER -UNION BANK OF CALIFORNIA WARRANT LIST A1,40UNT 47 130.00 537.87 GRAND TOTAL $ 6,455,654.90 3/2/2015 Warrant 02 26 15 City 3 OF 3 CITY OF ^ LAKE, ��r�u DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: MARCH 10, 2015 SUBJECT: NOTICE OF COMPLETION McVICKER DOG PARK FENCING PROJECT NO. Z40000 Recommendations 1. Accept the improvements into the City maintained system. 2. Direct staff to file the Notice of Completion with the County Recorder's Office. 3. Direct staff to release any remaining retention funds 35 days after filing of the Notice of Completion. Background In August of 2014, City Staff solicited for informal bids to complete the McVicker Dog Park Fencing Construction Project. City Staff reviewed the informal bids and selected Valley Cities/Gonzales Fence Corporation. 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. Discussion Construction of the dog park began September 24, 2014. During the course of construction the City received public comments and requests regarding the size of the Dog Park. In response to the community feedback, staff identified additional funds that could be used to increase the total square footage of the Dog Park. City Council approved the request for additional funds on October 28, 2014, which enabled the construction of an additional two hundred fifty six (256) linear feet of fencing, thereby increasing the original dog park fenced area by approximately three thousand seven hundred forty nine (3,749) square feet. The McVicker Dog Park also included the RECORDING REQUESTED 61' AND WHEN RECORDED MAIL TO: Name City of Lake Elsinore Street Address 130 S. Main Street City a Lake Elsinore, CA 92530 State Notice is hereby given that: S R I U I PAGE I SIZE I DA I MISC I LONG RFD COPY M A L 465 426 PCOR NCOR SMF NCHG EMM T: CTY UNI NOTICE OF COMPLETION 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Lake Elsinore 3. The full address of the owner is 130 S. Main Street Lake Elsinore CA 92530 4. The at re of the interest or estate of the owner Is in fee. McClcker Doq Park FencIno Project aromar man mo. .snroobnJ inwq rat owannm.'purolucr wtlerm.bac+MpurMaso; orIn..c 5. the full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in commoners: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on . The work done was Installation of fenojpg, remove turf and install DG installation of dog laayPte. uipment 7. The name of the contractor, if any, for such work of improvement was Valley Cities/Gonzales Fence prnownnoaw fo.1, onmpro.o oma owha!a, maan'nmo, loam Fe ..) 8. The property on which said work of improvement was completed is in the city of City of Lake Elsinore County of Riv .rsidf , State of California, and is described as follows: McVicker Dog Park Fencing 9. The street address of said properly is 29355 Grand Avenue, I ake Elsinore, A 92530 oma suom rid.... has noon orrdaiiy —in .insen•nme Dated: 02/26/2015 VERIFICATION siona oor eon rormpa,am ortrwrorowaor neinoa inpenyraph [a M1ia agmr I, the undersigned, say: ) am the Director of Public Works the declarant of the foregoing (hesmenr ol,"Mana9oro+; '/, paiomr Nj'o,vnor or,`aiy notice of completion; I have read said notice of completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 26 20 15 at Lake_Elsinore CA__.. California. (Dare arargnnwro) E_ whoros pnotl) raorsonai sisamnra or o inaivmnai woo is swmnan +hm wo samaar. or ma nol1,:Tor' con,nimmn oro vuol CITY OF LAKE LSII`�OE EXTREMLn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: MARCH 10, 2015 SUBJECT: NOTICE OF COMPLETION OF TRAFFIC SIGNAL IMPROVEMENTS AT CANYON HILLS ROAD / SAGE LANE PROJECT NO. 4368 Recommendations Accept the improvements into the City Maintained System. 2. Authorize staff to file the Notice of Completion with the County Recorder. 3. Authorize staff to release contract retention funds 35 days atter filing the Notice of Completion. Background On May 27, 2014, City Council awarded the construction contract to Select Electric, Inc. for the installation of a new traffic signal with ancillary improvements that included thermoplastic striping and the installation of new traffic signs. Construction of the project was completed on August 14, 2014, Discussion The intersection of Canyon Hills Road and Sage Lane serves as a main access point from the Canyon Lakes Middle School. Both the City and the Unified School District collaborated on the new signal at this intersection in order to improve safety and circulation for vehicles and pedestrians. The School District contributed $65,000 towards this project. The City acted as the lead agency in managing the project. On May 15, 2014, at 2:00 PM, the City received eight bids from qualified contractors to construct the Traffic Signal Improvements, Select Electric, Inc. was the apparent low bidder. City Council awarded the construction contract to Select Electric Inc. on May 27, 2014 for $187,280 with a construction contingency of $18,000. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Name City of Lake Elsinore Street Addross 130 S. Main Street Street City a State Lake Elsinore, CA 92530 Notice is hereby given that: S TR FU� PAGE SIZE DA MISC I LONG I RPD I COPY M A L 465 426 PCOR NCOR SMF NCHG EMM T: CTY UM NOTICE OF COMPLETION 7. The undersigned is owner or corporate officer of the owner of the interest or estate staled below in the property hereinafter described. 2. The full name of the owner is City of Lake Elsinore 3. The full address of the owner is 130 S Main Street Lake Elsinore CA 92530 4. The natur of the interest or estate of the owner is in fee. Trafficignal Improvements at Canvon Hills Road /Sage Lane (it th.,Non!m,artiko Sn F.- 'I oxainp!o,'pararasor unae, com,ntln!nvaays^: �"� =auk 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed a) 08/14/2014 . The work done was Installation of new traffic signal _at ia6yon Hills Road / Sage Lane 7. The name of the contractor, if any, for such work of improvement was Select Electric Inc 11250 Firestone Blvd Norwalk Ca 90650 II!nownrtaaru!a•waeonn'n�o�amama.awnam, InseR•nono� (oam orcono-or� 8. The property on which said work of improvement was completed is in the city of City of Lake Elsinore , County of Riverside , State of California, and is described as follows: Traffic,S ggnal Improvements at Canyon Hills Road / Sage Lane 9. The street address of said properly is39DaLaflyon Mlls Road, Lake Elsinore CA 92532 pfn.moo!aeeroaa eas Baan a fadniryastiAne.n. insert mono') Dated: SignvWre vlcwna, vlmpma o olAm, aro-maf namvJ In pa,agmph 20, Ills vAom VERIFICATION I, the undersigned, say: I am the Director of PUbllc Works the declarant of the foregoing ('Rocianmof,''Ws gm of.- 'A pallor W'Umlor o!; om) notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on Mand1„10 _ 20 _15 at City of Lake Elsinore , California. tomo o! ayaam,o) (shy wlma riAaod) (rolso�ol aiv�soro of noal wins mat ma ooaaoa� o! ma oouoo m wmpimlon am uml :11 c e LA�C�JLS11 0K � DRcnnn GjCTRGML,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: MARCH 10, 2015 SUBJECT: AWARD AGREEMENT FOR PUBLIC WORKS CONSTRUCTION FOR ELECTRIC VEHICLE CHARGING STATIONS, PROJECT NO. Z20001 Recommendations 1. Award the Agreement for Public Works Construction for the Electric Vehicle Charging Stations Project to Clean Fuel Connection, Inc., in the amount of $123,901. Approve a total construction budget of $142,486, which includes an approximate 15% construction contingency of $18,585. Authorize the City Manager to execute contract amendments not to exceed the construction contingency of $18,585. 2. City Council approve the Agreement for Public Works Construction in substantially the form attached and authorize the City Manager to execute the Agreement in such final form as approved by the City Attorney. 3. Authorize the Public Works Director to record the Notice of Completion once he determines the work is complete, accepts the improvements into the City's maintained system, and releases the retention to Clean Fuel Connection, Inc., if no claims are filed against the project. Background In October 2013, the Public Works Department applied for Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC) to pay for the installation of EV Charging Stations at selected locations within City limits. The South Coast Air Quality Management District (SCAQMD) approved funding on December 6, 2013 from the MSRC in the amount of $56,700, which are Award Agreement for Public Works Construction Electric Vehicle Charging Stations March 10, 2015 Page 3 vehicle charging stations on the 1-15 corridor. The estimated cost of installation will be approximately $102,500 for the Outlet Mail. Fiscal Impact Sufficient funds for this project have been allocated under the City's CIP adopted budget for the Fiscal Year 2014/2015. Prepared by: Deepak Solanki Consultant Project Manager Approved by: Vince Damasse, P.E. Director of Public Works Approved by Jason Simpson Director Administrative Services Department Approved by: Grant Yates City Manager Attachments: Agreement for Public Works Construction fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. 3. Completion of Work a. Contractor shall perform and complete all work within Eighty (80) working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project. C. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the Director of Public Works, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of Two Hundred Fifty dollars ($250) per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damages claims against the Contractor. Page 2 execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor 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, Contractor 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 Contractor for City. In the event that Contractor 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, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) pei uuuurreice 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. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor 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. V. Builder's Risk Coverage. Prior to the commencement of any construction of the Project, Contractor shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder's risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood). Page 4 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 Contractor: Clean Fuel Connection, Inc. Attn: Enid Joffe 11800 Clark Street Arcadia, CA 91006 11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 13. Assiqnment and Subcontracting. Contractor 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 Contractor under this Agreement will be permitted only with the express consent of the City. 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. 14. 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. 15. 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. 16. 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. 17. 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. Page 6 C. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions. Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810. 23. 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] EXHIBIT A CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A CITY OF LADE �LSINOPTE �M Dar.Ann E�TaEME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: March 10, 2015 SUBJECT: Approval of a Cooperative Agreement with the County of Riverside for the Grand Avenue Resurfacing Improvements, CIP Project, No. Z10018 Recommendation 1. Approve the Cooperative Agreement with the County of Riverside (County) as to form. 2. Authorize TRIPP fund expenditures in an amount not to exceed $130,000 for the City portion of the Grand Avenue Resurfacing Improvements, per the terms of the Cooperative Agreement. Background The County is proposing to resurface approximately 4.7 miles of Grand Avenue in the Lakeland Village area of Riverside County. The limits are Corydon Road, northwesterly to Bonnie Lea Drive. The resurfacing project (Project) will cold plane three inches of the existing asphalt pavement and place three inches of new Hot Mix Asphalt (HMA) back on the road. The work will include removal and reconstruction of broken or cracked curb and gutter, sidewalk, cross gutter and spandrels. The existing access ramps at the intersections will be replaced or upgraded to comply with ADA standards and FHWA requirements for resurfacing. Discussion Two segments of the Project are located within the jurisdictional boundaries of the City. Segment 1 is on the southeasterly side of Grand Avenue from Scales Way to Ontario Way and is 660 feet in length. Segment 2 is on the northwesterly side of Grand Avenue from 140 feet southerly of Windward Way to 161 feet northerly of Shoreline Drive and is Grand Avenue Resurfacing Improvements 1 COOPERATIVE AGREEMENT BY AND BETWEEN 2 COUNTY OF RIVERSIDE 3 AND 4 CITY OF LAKE ELSINORE 5 FOR 6 GRAND AVENUE RESURFACING IMPROVEMENTS 7 8 This Agreement is entered into this day of , 2015, by and between the County of 9 Riverside, (hereinafter "COUNTY"), and the City of Lake Elsinore, (hereinafter "CITY") for the construction of 10 Grand Avenue Resurfacing Improvements located within the jurisdictional boundaries of CITY. The COUNTY and 11 CITY are sometimes hereinafter referred to individually as the "PARTY" and collectively as the "PARTIES". 12 RECITALS 13 A. COUNTY is proposing to resurface approximately 4.7 miles of Grand Avenue in the Lakeland Village area 14 of Riverside County. The limits are Corydon Road, northwesterly to Bonnie Lea Drive. The resurfacing 15 project will cold plane 0.25' of the existing asphalt and place 0.25' of new Hot Mix Asphalt (HMA) back on 16 the road. 17 B. At several locations along Grand Avenue, the road will be widened from 2' to 14' to provide room for cars 18 to safely slow for right turns. 19 C. In addition to the resurfacing and widening, a new 0.17' layer of Asphalt Rubber Hot Mix (ARHM) will be 20 placed over the entire road width. 21 D. The work will include removal and reconstruction of broken or cracked concrete curb & gutter, sidewalk, 22 cross gutter and spandrels. The existing access ramps at the intersections will be replaced or upgraded 23 to comply with current ADA standards and FHWA requirements for resurfacing. Portions of the existing 24 concrete "dip -sections" will be reconstructed and one new dip -section will be constructed Lorimer St. 25 E. Grand Avenue is striped with one 12' wide through lane in each direction and a 12' wide two-way left turn 26 lane. After the paving is complete, new striping -- matching the existing striping layout, pavement 27 markings, and other work as may zbe required will be provided. New, larger, street name signs will be 28 placed at the corner of all public side streets. 29 F. The Grand Avenue improvements described above are sometimes hereinafter referred to collectively as City of Lake Elsinore Service Agreement 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 27 28 29 i Grand Avenue Resurfacing improvements within the CITY. 4. COUNTY to identify on the plans existing surface utility facilities within the limits of the PROJECT as part of its PROJECT design. If any existing public and/or private utility facilities conflict with PROJECT' construction, COUNTY shall make the necessary arrangements with the owners of such facilities for their protection, relocation, or removal. The existing surface utility facilities have been identified on the PROJECT plans and specifications, and conflicting utilities have been noted. COUNTY shall require the utility owner and/or its contractors performing work within CITY right of way to obtain a CITY encroachment permit prior to the performance of said work. CITY and COUNTY shall coordinate and cooperate in the effort to establish prior rights related to utility encroachments in CITY jurisdictional right- of-way, In the case that any utility companies are determined to have prior rights, the cost of relocating utilities shall be borne by the CITY. 5. To direct contractor to make written application to CITY for an encroachment permit authorizing entry into CITY right of way for the purposes of constructing PROJECT. 6. To advertise, award and administer a public works contract for the construction of the PROJECT in accordance with all applicable federal, state or local statutes, ordinances, orders, governmental requirements, laws or regulations, including but not limited to the local agency public construction codes, California Labor Code, and California Public Contract Code, and in accordance with the encroachment permits issued by CITY. 7. To furnish a representative to perform the function of Resident Engineer during construction of PROJECT. 8. To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and compaction tests, measurement and computation of quantities, testing of construction materials, checking submittals, preparation of estimates and reports, preparation of as -built drawings, and other inspection and staff services necessary to assure that the construction is performed in accordance with the PS&E documents. 9. To construct the PROJECT in accordance with approved PS&E documents. 10. To submit any contract change order that causes the construction contract to exceed 10% of the contract bid amount for PROJECT improvements to CITY for review and approval prior to final authorization by COUNTY. City of Lake Elsinore Service Agreement M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Grand Avenue Resurfacing Improvements SECTION 3 • IT IS MUTUALLY AGREED AS FOLLOWS: 1. COUNTY and CITY acknowledge and agree that any funding shortfall for the completion of the PROJECT within CITY will be the sole responsibility of CITY. Nothing in this Agreement is intended to commit the COUNTY to funding any portion of the CITY portion of PROJECT, or shall be construed as obligating the COUNTY to provide replacement funding for any anticipated funding or to continue with the PROJECT, if funds are no longer available. In the event that adequate funds are not available to move forward or to complete PROJECT, PARTIES agree to meet and confer and collectively work to identify adequate funding for PROJECT. 2. The total cost to CITY to complete construction, including construction survey, inspection and materials testing is estimated to be $130,000 as detailed in Exhibit "C". 3. COUNTY shall not be obligated to commence the CITY portions of the PROJECT until after receipt of CITY's deposit as required in Section 2. 4. Construction by COUNTY of improvements within CITY portions of the PROJECT shall not be commenced until an Encroachment Permit to COUNTY, or COUNTY's contractor, authorizing such work has been issued by CITY. 5. COUNTY shall cause COUNTY's contractor to maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Commercial Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability, in the amount of $2,000,000 minimum single limit coverage, and a policy of Automobile Liability Insurance in the amount of $1,000,000 minimum. Endorsements to each policy shall be required which name CITY, its officers, agents and employees, as additionally insured. COUNTY shall also require COUNTY's contractor to maintain Worker's Compensation Insurance. COUNTY shall cause COUNTY's contractor to provide Certificates of Insurance and Additional Insured Endorsements which meet the requirements of this section to CITY prior to the start of construction. 6. Ownership and title to all materials, equipment, and appurtenances installed as part of this Agreement will be automatically vested with the jurisdiction in which the improvements reside and no further agreement will be necessary to transfer ownership. 7. CITY shall be responsible for the maintenance of the improvements provided by PROJECT except as specified in this Agreement or future agreements. City of Lake Elsinore Service Agreement ''i`�" 'i 1 2. 3 E111 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Grand Avenue Resurfacing Improvements 13. All notices, demands, invoices, and other communications required or permitted hereunder shall be in writing and delivered to the following addresses or such other address as the PARTIES may designate: COUNTY: CITY: Riverside County Transportation Department City of Lake Elsinore Attn: Patty Rome, Attn: Vince Damasse, Assistant Director of Transportation Public Works Director 4080 Lemon Street, 8th Floor 130 South Main Street Riverside, CA 92501 Lake Elsinore, CA 92530 Phone: (951) 955-6740 Phone: (951) 674-3124 City of Lake Elsinore Service Agreement Grand Avenue Resurfacing Improvements 1 EXHIBIT A 2 VICINITY/PROJECT MAP 3 SEGMENT1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Cooperative Agreement I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 ESTIMATED COSTS: 1 EXHIBIT C PROJECT BUDGET Grand Avenue Resurfacing Improvements 9 TASK SEGMENTS SEGMENT2 TOTAL 7 Construction $45,000 $63,000 $108,000 Construction contingency (5%) i $2,000 $3,500 $5,500 Construction Engineering & Inspection (11%) $5,000 $7,000 $12,000 Construction Survey (4%) $2,000 $2,500 $4,500 TOTAL COST $54,000 $76,000 $130,000 25 26 27 28 29 Cooperative Agreement L 8 9 10 i 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ESTIMATED COSTS: EXHIBIT C PROJECT BUDGET Grand Avenue Resurfacing lmpromnents TASK SEGMENT1 SEGMENT2 TOTAL Construction $45,000 $63,000 $108,000 Construction contingency (5%) $2,000 $3,500 $5,500 Construction Engineering & Inspection (11%) $5,000 $7,000 $12,000 Construction Survey (4%) $2,000 $2,500 $4,500 TOTAL COST $54,000 $76,000 $130,000 26 27 28 29 Cooperative Agreement m City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 ....� wwv✓.lake-elsinore.org Text File File Number: ID# 14-482 Agenda Date: 3/10/2015 Version: 1 Status: Consent Agenda In Control: City Council File Type: Report Agenda Number: 7) City or Lake Elsinore Page 1 Printed on 3/5/2015 Agreement for Public Works Construction for ADA Sidewalk Senior Center CIP Project No. 4424 March 10, 2015 Page 2 Lake Elsinore to receive the portion of funds allocated by HUD. On September 9, 2012 staff prepared and submitted a Community Development Block Grant (CDBG) Program Application to the County of Riverside Economic Development Agency for the ADA Sidewalk Senior Center Sidewalk Project. Consequently, the grant application was approved by the Economic Development Agency for construction. Currently, the Riverside Transit Authority's public transportation bus stop located at the Senior Center on Lakeshore Drive serves the seniors visiting the Senior Center. The existing bus stop is situated at much higher elevations than the Senior Center and as a result, the existing sidewalk pathway has an average running slope of 12% and poses some challenges to the seniors. Construction of an American Disabilities Act (ADA) sidewalk ramp from the existing RTA bus stop to the Senior Center area would benefit many seniors and citizens. The project includes but is not limited to site clearing/grubbing, site grading, installation of storm drain pipes and appurtenances, construction of a new ADA accessible pathway ramp with hand rails, concrete sidewalk, erosion control measures to protect the surrounding areas, and other related improvements. Staff determined that the proposed project is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQX) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Paragraph F of Section 15301 (Class 1 - Existing Facilities) of the CEQA Guidelines because the construction of ADA Improvements at the Senior Center consists of the addition of safety or health protection devices for use with existing structures and facilities at the Senior Center. On January 31, 2015, Contractor bids were solicited and received on March 3, 2015. Discussion Contractor bids were opened publicly on March 3, 2015 at 2:00 p.m. The City received nine (9) bids from qualified contractors. The bid results of four (4) low bidders are summarized below: Contractor (Bidder) Location Bid Amount 1. Southwest Construction Co. Inc Fallbrook, CA $111,420 2. Act 1 Construction, Inc. Norco, CA $116,000 3. Northstar Development & Construction Rancho Cucamonga $135,300 4. IVL Contractors, Inc. Rialto, CA $136,784 AGREEMENT FOR PUBLIC WORKS CONSTRUCTION Southwest Construction Co. Inc. ADA Senior Center Sidewalk, Project No. 4424 This Agreement for Public Works Construction ("Agreement") is made and entered into as of March 10, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Southwest Construction Co. Inc., a corporation ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Project and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: ADA Senior Center Sidewalk Project CIP Project No. 4424 (the "Project"). The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by City, are identified as: ADA Senior Center Sidewalk The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder's Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above -listed documents are made a part of this Agreement as though fully set forth herein. 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being One Hundred Eleven Thousand Four Hundred Twenty dollars ($111,420). b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents. C. Contractor agrees to receive and accept the prices set forth in the Bidder's Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, Page 1 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The Director of Public Works is authorized to sign any change order provided that sufficient contingency funds are available in the City's approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one -hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney. 6. Non -Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City. 7. Licenses. Contractor represents and warrants to City that it holds the contractor's license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor 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 Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 8. Indemnity. Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor 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, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Page 3 omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor 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 commercial 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 Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this 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, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor 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. Page 5 party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 18. 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. 19. Authority to Enter Agreement and Administration. Contractor 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. The Director of Public Works shall act as the Project administrator on behalf of the City. 20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. 21. Equal Opportunity Employment. Contractor 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. 22. Prevailing Wages. a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Page 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: "CONTRACTOR" Southwest Construction Co. Inc., a Contractor By: Its: City Clerk By: APPROVED AS TO FORM: Its: City Attorney Page 9 BIDDER'S PROPOSAL PROJECT NO. 4424 BIDDER'S PROPOSAL PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT TO THE HONORABLE MAYOR AND CITY COUNCIL of the City of Lake Elsinore, California This Proposal has been submitted to the: Location: City Clerk, Mailing Location: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Time: 2:00 p.m. Date: March 3, 2014 City Clerk, City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 2. Accompanying this Bidder's Proposal is cash, a cashier's check, certified check, or Bidder's Bond, as the case may be, payable to the City of Lake Elsinore in the amount of ($ 10% ), (figures) which is equal to at least ten percent (10%) of the total amount of bid, pursuant to the Provisions of Section 20171 of the Public Contract Code. 3. In compliance with the Notice Inviting Bids, the undersigned as Bidder hereby proposes to furnish all materials, equipment and all other labor and methods and do all things necessary for the proper construction and completion of the work, in strict and complete accord with the Agreement, Special Provisions (which includes the General Provisions and Technical Provisions), Plans, Specifications, and other Contract Documents now on file in the Public Works Department of the City of Lake Elsinore at the prices set forth in the Bid Schedule herein for the work generally described for the said project. 4. The undersigned as Bidder, hereby declares that he or she has carefully examined the location of the proposed work generally described above and is familiar with the Special Provisions, Plans, Specifications and local conditions at the place the work is to be done and also understands that all labor, materials and equipment to be furnished, shall be for the prices bid, and that the undersigned has also checked figures set forth hereinafter in the Bid Schedule and understands that neither the City of Lake Elsinore, nor any officer or employee therefore will be responsible for any misunderstandings, errors or omissions on the part of the undersigned in submitting this Proposal 5. The complete Contract includes all of the Contract Documents as if set forth in full herein, to wit, the Agreement, any and all Contract Change Orders issued after the execution of the Agreement, any and all addenda issued prior to the opening of the Bids, the Special Provisions, the Project Plans, the Standard Plans, the Standard Specifications, Reference Specifications, the Bidder's Proposal, the Notice Inviting Bids, the Non -Collusion Affidavit, Certification Regarding Debarment and Suspension, Certification of Non -segregated Facilities, Contractor's Certification of Federal Contract Requirements, Work Force Profile, Certification of Equal Employment Opportunity, Federal provisions and requirements, Prevailing Wage Rates, any other Federal Certifications, documentation and reports as required, the Faithful Performance Bond, the Labor and Material Payment Bond and insurance, all of which are essential parts of this Contract. NI134 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 14. The Bidder shall also set forth in clearly legible figures the 'Total Bid Amount" in the spaces provided at the bottom of the Bid Schedule. 15. In case of discrepancy between the calculated sum of the "Total Cost" column and the number representing the cumulative total of the bid items, the calculated sum of the "Total Cost" column shall prevail over the number representing the cumulative total of the bid items. 16. The City reserves the right to reject any and all Bids and to waive any irregularity or informality in any Bid to the extent permitted by law. 17. In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, the Bidder shall guarantee that all work performed under this Contract fully meets the requirements there of, as to quality of workmanship and materials furnished, for a period of one year from the date of acceptance of the work by the City Council. 18. In submitting the Bid, the Bidder offers and agrees that if the Bid is accepted, notwithstanding any state or local laws and regulations, all Federal laws and regulations shall be adhered to. In case of conflict between Federal, state, or local laws or regulations, the strictest shall be adhered to. 19. `in submitting the bid, the bidder is aware that this is a public works project requiring payments of prevailing wage rates Federal or State whichever is the higher prevailing wage rate. Certified Payrolls are required to be submitted weekly by the Contractor, subcontractor(s), and owner operator. Contract payments will be withheld for delinquent or inadequate Certified Payrolls (LC 1771.5). 20. The proposed Contractor and the subcontractor(s) shall complete and execute the "Certification Regarding Debarment and Suspension, (Title 49, Code of Federal Regulations, Part 29) HUD -2992 and submit with the Bid. 21. The Bidder shall complete, execute, and submit the "Disclosure of Lobbying Activities, Form LLL," with the Bid. 22. Along with the Bid, the Contractor shall submit the "Contractors Certification on Federal Contract Requirements" to certify complete understanding of the diversified Federal requirements imposed on the Contractor(s) of HUD -funded construction projects. 23. RECEIPT OF ADDENDA NO(S)* {e F'126 19 p40l� IS HEREBY ACKNOWLEDGED. PROPOSAL MAY BE REJECTED IF ANY ISSUED ADDENDA IS NOT ACKNOWLEDGED. 24. The is a or If a corporation, incorporated under the laws of the State of_ (!:�L-1 C-06W`PN If an individual, state individual's name. If a partnership, state names of all individuals, co-partners, composing the firm. If a corporation, state names of president, secretary, treasurer and chief executive officer thereof. If the Bidder fails to provide the requested information, the bidwill be considered non- responsive and will be rejected. NIB -6 UXITIBIT A BIDDER'S PROPOSAL PROJECT NO, 44.24 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT BIDDER:50LIVWEaT f �L1C'�{06i (Contractor Name) BID ITEMS AS FOLLOWS: NIB -8 EXHIBIT A ITEM CODE NO. DESCRIPTION OF ITEMS ESTIMATED QUANTITY UNIT PRICE (FIGURES) TOTAL COST (FIGURES) 1 Project Signs CDBG and City, One 2 EA iCSGs%3.00 Jf �. OC) (1) Each 2 F Mobilization % LS -7 '7,2- "]21�.Oo 3 Erosion Control and Sediment Control BMP's % LS a 00 .4iGl6®•00 4 F Traffic Control % LS tt9o.00 00 5 Construction Surveying and Utility % LS Co32 , 54 G326, Sp Verification Site Preparation, Clearing and 6 F Grubbing, also include City owned % LS 1316.00 57S.00 borrow site 7 PCC Sawcut 50 LF -3,75 2 1 SI - So 8 Remove PCC Sidewalk 240 SF 5.00 '77,0.00 9 Remove PCC Curb and Gutter 28 LF 2q. 00 Sm. 00 10 Remove AC Pavement 42 SF 4,,50 ( IDS. ®p Excavate & transport fill material 11 F from City owned lot (8 miles round 100 Cy f! 9;5 . OQ i `irJco- 0 tri 12 Construct Earthen Drainage Swale 80 LF 17.so 14 -co. O® 13 Install 2-2" Diameter PVC Sleeves 56 LF 12.. , oo (a7Z . O0 14 Construct Rip -Rap Energy 3 EA -L68, OC) g0+. o0 Dissipator Install 2-3" Diameter Curb Outlet 2 EA 500 ( 000.00 H1615 1 Install 3" Diameter PVC Sch-40 42 LF (,. y0 -Z7 � , 00 Storm Drain 17 Construct 4' Long Channel Drain 2 EA 3 r0. 00 G 2.2.. 00 Construct 5" Thick PCC Hardscape 18 Ramp with Rebars and Deepened 1,220 SF @ IT. 01) I -Sri go. 10C Edge NIB -8 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 CITY OF LAKE ELSINORE BIDDER'S PROPOSAL - BID SCHEDULE PROJECT NO. 4424 ADA SIDEWALK SENIOR CENTER SIDEWALK PROJECT BIDDER: LX M.VJGr8T CON gig LOW (Contractor Name) NOTE: 1. The lowest responsible Bidder will be determined by comparing the total of all Bid Items (PCC 20103.8 b). 2. Estimated quantities are for the purpose of comparison only, and payments will be made on a basis of actual measurement of work completed except for Lump Sum (LS) and final pay quantities (F). The bid shall include, but not be limited to, sales tax and all other applicable taxes and fees. Codes: (D) Deduct (F) Final Pay Quantities (S) Specialty Item Units of Measurement: EA Each LS Lump Sum M meter(s) mz square meter(s) Total bid amount in NUMBERS for Bid Items (Based in Estimated Quantities of Items 1 through 29): NIB -10 EXIIIBI7' A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of ;. 3 2t,) On A2ALJ .__ before me, Date Name and Title of the Officer Names) of Signer(s) personally appeared CARLA COVARRUBIAS Commission M 208815 Z Notary Public - California s San Diego County �M Comm.Aires Nov 13.2018 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under. PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my,¢iand 0nd o icial seal. Place Notary Seat Above Signature: /UI (%/IXO�Z_ ojn( _r Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D11o��c.u'�m�eppn�tt (� n I's `' Title or Type of Document:��Cx_.�+�� Pc9�_Document Date: � e _�_ Number of Pages: _9 Signer(s) Other Than Named Above: Capacity(ies) Ctl�aimed by Signer(s) Signer's Name: w�\0\ L�CYY,Y� lupi orporate Officer — Title(s): CX)_ s[ Pir- — ❑ Partner — ❑ Limited ❑ General Ll Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: Qauu M, /_) AY _1Gf _ 4AZorporate Officer — Title(s)..05L* CsCC_.(__ FI Partner — n Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On _ J 1(before me,l L�S� Date Name and Title of the Officer personally appeared Name(s) of Signer(s) ACARLLAQ ARRUBIAS Commission N 2088159 Z < =.i Notary Public - California z. San Diego County s Comm. Mires 13 2018+ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. Place Notary Seat Above Signature: 131WIL)fix' Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document `, 1 Title or Type of Document:_Ul�__. Document Date: Number of Pages: Signer(s) Other Than Named Above: _ Capacity(les) Claimed by Signer(s) Signer's Name:�ur 4 -Corporate Officer — Title(s): _ - F1 Partner — FJ Limited ❑ General ❑ Individual J Attorney in Fact U Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: — O Corporate Officer — Title(s): ❑ Partner — ❑ Limited O General Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer Is Representing: 2013 National Notaiy Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 HXHI131T A BIDDER'S PROPOSAL PROJECT NO. 4424 Certification B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Certification (B) 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. Theprospectivelower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person which is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, Ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph (5) of these instruction, if a participant in a tower covered transaction knowingly enters into a tower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available 55- `/— 1,5 Signature of Authorized C "g official Title NIB• 14 EXHIBIT A BIDDER'S PROPOSAL PROJECT NO. 4424 INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to Title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity 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 a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee if the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in Item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in Item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in. Item 4 to influenced the covered Federal action. (b) Enter the full names of the individual(s) performing services and include full address if different from 10(a). Enter Last Name, First Name and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection information unless it displays a valid OMB Control Number. The valid OMB control number for this informal collection is OMB NO. 0348-0046. Public reporting burden for this collection of information is estimated average 30 minutes per response, including time for reviewing instruction, searching existing data source gathering and maintaining the data needed, and completing and reviewing the collection of information. Se comments regarding the burden estimate or any other aspect of this collection of information, includi suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Proji NIB -16 EXIlII3IT A BIDDER% BOND PROJECT NO. 4424 BOND No, BBSU BIDDER'S BOND PROJECT NO. 4424 .. ADA SIDEWALK. SENIOR CENTER SIDEWALK PROJECT kNOW ALL MEN OR WOMENRYTHFSE PRESENTS: That m Southwest Construction Co., Inc. as PRINCIPAL, exceed ftiamount.of_Ten Tercent.ofthe total amount of the bid (10%Z T�.kiE compMaN OF Tiip obLIGAMON.1s.-SUCH; (q,the City'd Lake Elsinore as SIGNATURES ON FOLLOWING PAGE EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On 2 2b ( l5 before me,Sonia Vizcarrondo, Notary Public Date Here Insert Name and Title of the Officer personally appeared Margareta T. Thorsen Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. mao" so_ ON IA VIZCARRONDo Commission # 2079616 Signature_ i '� Notary Public - California z "�e otary Public Los Angeles County IM comm. Ex fres Sep 24,.2016+ Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Date: Other Than Named Above: Capacity(les) Claimed by Signers) Signer's Name: Margaretaa T. Thorsen • Corporate Officer — Title(s): O Partner — ❑ Limited ❑ General ❑ Individual IN Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing:Surety Company Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C7 Other: _ Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California g County of On � �� _ _. before me, , ( _&k l l.J JQCC CIY� j Date Name and Title of the Officer D � C personally appeared ``k.J�\� 1.., Names) of Signer(s) ------------------ CARLA COVARRURIAS Commission k 2088159 = -� Notary Public - California z Sad Diego County ' My Comm. Ex 11ros Noy 18 2018 r who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official eal. Place Notary Seat Above Signature: Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document 1 Title or Type of Document: �__x'�D'a Document Date:Iat, �S Number of Pages: -, i Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's Name: GGA\ `11 �orporate Officer — Title(s) _Q�_ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner— ❑ Limited [I General I-1 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator O Other: Signer Is Representing: © 2013 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A EXHIBIT B-4 PROJECT NO. 4424 CERTIFICATION OF BIDDER REGARDING NONSEGREGATED FACILITIES Project Name: ADA stixwwx 4 44-2-4" Name of Bidder: SC>UTP Uies C' CONST MW The above named Bidder hereby certifies that: I do not maintain or provide for my employees any segregated facilities at any of my establishments, and that t do not permit my employees to perform their services at any location, under my control, where segregated facilities are maintained. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms, wash rooms, restaurants and other eating areas, time clocks, locker rooms or other dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, national origin, or because of habits, local customs, or otherwise. I further agree to obtain identical certifications from all proposed subcontractors prior to the award of subcontracts exceeding $10,000. Signature: L� _ Name (Print): DA'J 1® S (AA Q j� Title: C) I - Date: 3- 13 -is NIB -21 EXHIBIT A EXHIBIT B-6 PROJECT NO. 4424 Page 2 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE I understand and agree that for any and all subcontracting opportunities that may result from this CDBG- funded project, I will request and review the County of Riverside Section 3 Subcontractor Database prior to selecting any subcontractor for my bid submittal. G Lutial Here I understand and agree that any and all sub -contracts and sub -tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance, and therefore, as the General/Prime Contractor, 1 am responsible to ensure compliance from all subcontractors. Complete your Subcontracting Plan for this project below: hritial Here TRADE ( AMOUNT OF SUBCONTRACT($) C2 q 56 -OD IS THE SUBCONTRACTOR SECTION 3 ELIGIBLE? YES OR NO t.4 ® IF SUBCONTRACTOR IS SECTION 3, INDICATE ELIGIBLE STATUS. 51%OWNER I 30%EMPLOYEE Bidder (Company) Name: �!MQ>T COK35 P, C -T(" -,j co AMC Authorized Representative (Type Name): p��flDtO�aN Signature: Date: NIB -23 EXHIBIT A EXHIBIT B-6 SUB PROJECT NO. 4424 Page 2 of 2 SUBCONTRACTOR CERTIFICATION FOR SECTION 3 COMPLIANCE Bidder(Compony) Nmo- Authorized sentaWe (Type NaM^- -K date: EXHIBITA EXHIBIT B-5 COUNTY OF RIVERSIDE AFFIRMATIVE ACTION PROGRAM ECONOMIC OPPORTUNITIES FOR SECTION 3 RESIDENTS AND SECTION 3 BUSINESS CONCERNS The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD Assistance for housing. AFFIRMATIVE ACTION POLICY STATEMENT The County of Riverside, as the Community Development Block Grant Administrator, shall take Affirmative Action to insure to the greatest extent feasible that: Contracts for work (involving both construction and non -construction projects) funded from Community Development moneys be awarded to business located in and/or owned in substantial part by persons residing within the Section 3 covered project area. 2. Lower income residents of said project area are to be provided, to the greatest extent feasible, employment and training opportunities emanating from such contracts. It will be established policy to: Enlist the support of community agencies, schools and unions in the recruitment, hiring and training of low income persons residing within Section 3 project areas. Insure that project area business are afforded a maximum feasible opportunity to bid on contracts. 3. Insure that contractors understand and comply with their obligations under the Act (24 CFR Part 135), Eel ="A EXHIBIT A contractor shall incorporate, or cause to be incorporated, in all contracts for work in connection with Section 3 covered project, the following clause (referred to as a Section 3 Clause): The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development, and is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities fortraining and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 570, and all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. The contractor will send to each labor organization, or representative or workers, with which he has collective bargaining agreement or other contract, or understanding, if any, a notice advising the said labor organization or workers; representative of his commitments under this Section 3 Clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment or training. The contractor will include this Section 3 Clause in every sub -tier contract for work in connection with the project and will, at the direction of the applicant for, or recipient of, the Federal financial assistance, take appropriate action pursuant to the sub -tier contract upon finding that the subcontractor is in violation of the regulations issued by the Secretary of Housing, and Urban Development, 24 CFR 570. The contractorwill not enter into any sub-fier contractwith any subcontractor where it has notice or knowledge thatthe latter has been found in violation of regulations under 24 CFR 570 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 570, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project binding upon the applicant or recipientfor such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified bythe grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. All contractors and their subcontractors shall include as part of their bid proposal a copy of their Section 3 Affirmative Action Plan. The Plan should include the following: A preliminary statement of workforce needs (skilled, semi -skilled, unskilled labor and trainees by category). 2. Goals (in percentage) relative to utilization of lower income persons in project area. GP -109 EXHIBIT A from the expenditure of Section 3 covered assistance with a recipient or contractor, or by a representative who is not a section 3 resident but who represents one or more Section 3 residents; 2. Any Section 3 business concern on behalf of itself, or as a representative of other section 3 business concerns similarly situated, seeking contract opportunities generated from the expenditure of Section 3 covered assistance from a recipient or contractor, or by an individual representative of Section 3 business concerns. Where to file a complaint? A complaint must be filed with the: Assistant Secretary for Fair Housing and Equal Opportunity Department of Housing and Urban Development Washington, DC, 20410. Questions regarding Section 3 compliance, procedures for filing a complaint, or the County of Riverside's Affirmative Action Program, should be addressed to: Economic Development Agency CDBG Program Administrator- Section 3 Program 3403 10th Street, Suite 500 Riverside, CA 92501 (951) 955-8916 GP. -111 EXIIJBIT A EXHIBIT B-6 PROJECT NO. 4424 Page 2 of 2 BIDDER CERTIFICATION FOR SECTION 3 COMPLIANCE I understand and agree that for any and all subcontracting opportunities that may result from this CDBG- funded project, I will request and review the County of Riverside Section 3 Subcontractor Database prior to selecting any subcontractor for Iny bid submittal. Initial Here I understand and agree that any and all sub -contracts and sub -tier agreements resulting from this CDBG-funded project are also subject to Section 3 compliance, and therefore, as the General/Prime Contractor, I am responsible to ensure compliance from all subcontractors. Complete your Subcontracting Plan for this project below: rD�_ Initial Here TRADE AMOUNT OF SUBCONTRACT($) IS THE SUBCONTRACTOR SECTION 3 ELIGIBLE? YES OR NO IF SUBCONTRACTOR IS SECTION 3, INDICATE ELIGIBLE STATUS. 51%OWNER I 30%EMPLOYEE Bidder (Company) Name: CO Authorized Representative (Type Name): PkV lD Signature: Zia —' Date:J NIB -23 EXHIBIT A EMBIT 8-6 SUB PROJECT NO. 4424 Page 2 of 2 SUBCONTRACTOR CERTIFICATION FOR SECT16N 3 COMPLIANCE Bidder (Company) Namo. In -Li C-0 ASilbqrized Repr.esentative (Type N NIB -25 EXHIBIT A EXHIBIT B-8 PROJECT NO. 4424 QUESTIONNAIRE REGARDING BIDDERS Bidder has been engaged in the contracting business under the present name of 11C,l-(,)N 00. CNIS _,since (Q °7 C(Date). a Present business address is: 2M �{.(i�61 W ALON %VP ;9i( � � RZ02S Federal Tax ID: �?'5-005.3'5b Amount of Bid $ (� m 2� . p0 State of California Contractor's License No.: 460,91 Expiration Date: a ( - ✓o -( Because this project is Federally -funded, it is necessary to obtain information concerning minority and other group participation for statistical purposes. The U.S. Department of Housing and Urban Development (HUD) uses this information to determine the degree to which its programs are being utilized by minority business enterprises and targeted group contractors. A minority enterprise is defined by the Federal Government as a business that is fifty-one percent (51%) or more "minority-owned". Please check applicable box concerning the ownership of your business: ❑ American Indian or Native Alaskan ❑ Asian or Pacific Islander/Native Hawaiian ❑ Black/African American ❑ Hispanic K White ❑ Hasidic Jews ❑ Other A woman -owned enterprise is defined by the Federal Government as a business that is fifty - percent (50%) or more woman -owned. Please check applicable box concerning the ownership of your business: ❑ Woman/Female owned 6 Male owned A.Section 3 Contractor or Subcontractor is a business concern that is more than fifty-one percent (51%) owned by a low or very low-income person, or a business concern that provides economic opportunities to low and very low-income residents. Please check applicable box concerning the ownership of your business: V Section 3 Business concern ❑ Non -Section 3 Business concern The United States Department of Housing andel Urban Development (HUD). is authorized to solicit the information requested in this form by virtue of Title 12, United States Code, Section 1701 et seq., and other regulations. it will not be disclosed or released outside of HUD without your consent, except as required. or permitted by law. NIB -27 EXHIBIT A EXHIBIT A Agenda Date: 3/10/2015 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 14-483 Version: 1 130 South Main Street Lake Elsinore, CA 02530 w .lake-elsinoie org Status: Public Hearing File Type: Report City of Lake Elsinore Page 1 Printed orr 3/512015 Approval of Resolution of Necessity March 10, 2015 Page 2 of the proposed acquisition. Because the City has been unable to acquire the Serenity Park Expansion Site by negotiated purchase, acquisition by eminent domain is recommended. Discussion The City may exercise its power of eminent domain to acquire property necessary to carry out any of its powers or functions. The initiation of the eminent domain process is accomplished by the City Council's adoption of a Resolution of Necessity by a two- thirds majority vote, which Resolution may only be adopted after the City Council has given the property owners a reasonable opportunity to appear and be heard on the following matters: (1) the public interest and necessity require the proposed project; (2) the proposed project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) the real property to be acquired is necessary for the project; and (4) the offer required by Government Code Section 7267.2 has been made to the owners of record. Staff recommends the following: Finding No. 1: Public Interest and Necessity Require the Prolect. The proposed Serenity Park expansion project is necessary to serve the recreational needs of the community consistent with the standards established in the City's General Plan and the Parks and Recreation Master Plan Master Plan. The City's park needs are calculated based upon a ratio of developed park facilities of approximately 2.6 acres per 1,000 population requiring an additional 114 acres of developed park facilities citywide to serve the existing City population. The City's CIP Budget includes constructing a Skate Zone at Serenity Park and the expansion project provides sufficient land to accommodate necessary restrooms, on-site parking and enhanced recreational opportunities. The expansion of Serenity Park is in the public interest, promotes community health and safety, and is necessary to maximize the park's potential as a recreational destination to serve the community as a whole and the underserved neighborhoods in the vicinity of Serenity Park, in particular. Finding No 2 The Project is Planned and Located in the Manner That Will Be Most Compatible With the Greatest Pubic Good and the Least Private Injury. The Serenity Park Expansion Property is currently unimproved and has specific development constraints that limit its development capability. Given its location and topography, the best use of the Property is for the proposed expansion of Serenity Park. No other properties are impacted and no new services will be required to complete the project. The provision of on-site parking will alleviate the safety concern and accessibility limitations presented by the current street parking conditions. The overall project and the property acquisition are exempt from the California Environmental Quality Act Approval of Resolution of Necessity March 10, 2015 Page 4 Prepared by: Barbara Leibold, City Attorney Approved by: Grant Yates, City Manager Attachments: Site Map Resolution No. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE Legal Description RESOLUTION NO. 2015 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING AND DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF LAKE ELSINORE WHEREAS, Serenity Park is a neighborhood park located at 19685 Palomar Road in the City of Lake Elsinore featuring two (2) 1/2 court basketball courts, a tennis court, open turf field, children's playground and picnic tables; WHEREAS, the City proposes to construct a Skate Zone an expand Serenity Park to include necessary restrooms and on-site parking and increase the recreational opportunities serving the adjacent neighborhoods and the community as a whole; WHEREAS, the City is authorized to acquire property for park and recreation purposes by statutes including, without limitation, Government Code Section 37350.5; WHEREAS, the parcel identified in Exhibit "A" (the "Property") is adjacent to Serenity Park and is necessary to complete the Serenity Park Expansion Project, WHEREAS, the location, purpose, and extent of the proposed acquisition of the Property conforms with the City's General Plan and the Parks and Recreation Master Plan; WHEREAS, all persons whose names and addresses appear on the last equalized assessment roll for the Property were given notice of the intention of the City Council to adopt a Resolution of Necessity and to direct the institution of eminent domain proceedings, and informing them of their right to be heard on this matter pursuant to Code of Civil Procedure Section 1245.235; and WHEREAS, a public hearing was held by the City Council on March 10, 2015, at which the matters set forth above and in Code of Civil Procedure Section 1240.030 were discussed, including the following matters: (a) whether the public interest and necessity require the acquisition of the Property; (b) whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury, (c) whether the Property is necessary for the Project; and (d) whether an offer of just compensation pursuant to Government Code Section 7267.2 has been made to the owners of record. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The above Recitals are true and correct and are incorporated herein. CITY COUNCIL RESOLUTION NO. 2015 - PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 10`h day of March, 2015. Steve Manos, Mayor City of Lake Elsinore ATTEST: Virginia Bloom, City Clerk City of Lake Elsinore APPROVED AS TO FORM: Barbara Leibold, City Attorney City of Lake Elsinore ii.Kl YIIIORI. Agenda Date: 3/10/2015 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 14-484 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Business File Type: Report City of Lake Elsinore Page 1 Printed on 3/5/2015 LA LAGUNA RESORT AND BOAT LAUNCH LICENSE AGREEMENT March 10, 2015 Page 2 DISCUSSION During the month of October 2014, Joe Moore of Moore Campground Consulting performed an extensive evaluation of the operations of La Laguna Resort and Boat Launch which included: understanding the history of the park's origin of ownership coming to the City; various iterations of operations at the facility; in depth interviews with staff, Council members, residents and campground guests; discussions with existing campground staff and regional comparisons of campgrounds and amenities. From this information, the Consultant developed a SWOT Analysis (Strengths, Weaknesses, Opportunities and Threats) and recommend a highest and best use for the campground and Boat Launch which would necessitate a transfer of operations to the City of Lake Elsinore and a significant investment into the infrastructure, staffing, marketing, and branding of the facility. Lake Elsinore (and La Laguna) is in the "magic 50" (50 miles from Los Angeles County and 50 miles from San Diego County) making it a destination location for recreation and specifically the campground community. Based on the campground evaluation and recommendation by Moore Campground Consulting, the Campground, Day Use area, and Boat Launch has an opportunity to reach the "Dream Extreme" for a destination recreational amenity for the City of Lake Elsinore. To this end, the City is recommending to dissolve the current agreement with Pyramid Enterprises and take on operations of the facility. The process will be long term and will take an investment by the City to bring the Campground and Day use area up to the level of the Boat Launch which has increased since re -opening in 2012. Under direct City management, the Campground will undergo a transformation to better meet City Council directive of creating a "destination location" and utilizing two of our largest assets: the Lake and La Laguna Resort and Campground. The implementation steps going forward will take place over the next 18 — 24 months and will place the facility in an optimum position to capitalize on the resources. Below are the various steps that need to be accomplished. City staff will continue to seek direction and approval from the City Council as the City approaches the milestones related to temporary and long-term operations set forth below. Cancellation of Current Agreement Per 2013 Agreement of Operations with Pyramid Enterprises, section 17 CANCELLATION, staff is recommending cancellation of the existing Agreement (set to terminate in January 31, 2016) and begin the process of transitioning management of the facilities to City of Lake Elsinore. This will include: • Define equipment (City/Pyramid Enterprises) assets • Obtain advance registrations (if any) past the 60 day cancellation • Notification of vendors/utilities etc. for change of service • Negotiate current contracts/agreements for services (septic, electricity, etc.) • City Manager to send notice of termination LA LAGUNA RESORT AND BOAT LAUNCH LICENSE AGREEMENT March 10, 2015 Page 2 alterations to staffing, marketing, and maintenance and will be included as part of the FY2015-16 budget for Community Services Department. Prepared by: Johnathan O. Skinner Director of Community Services Approved by: Grant Yates City Manager C Cit ofaLAKE-REO �-��^ ,--_„ City Lake Elsinore (951) 6774-3124-312 4 PHONE LIi.J\E j-"+LSIPW)PE CULTURAL CENTER ------- -� �-- - 183 N. MAIN STREET I?n [,I_vI I/[ 9lcaC LAKE E92300RE, CA Regular Agenda Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERT MAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, March 10, 2015 7:00 PM Cultural Center CLOSED SESSION - None 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 Elsino,e Page I Printed ort 3/5/2015 City of Lake Elsinore 130 South M a l n Street Lake Elsinore, CA 92530 www.lake-elanore org Text File File Number: ID# 14-474 Agenda Date: 3/10/2015 Version: 1 Status: Consent Agenda In Control: Successor Agency File Type: Report Agenda Number: 1) City of Lake Elsinore Page 1 Printed on 315/2015 CALL TO ORDER - 7:00 P.M. Chair Manos called the meeting to order at 8:17 p.m. ROLL CALL PRESENT: Ageny Member Johnson, Agency Member Magee, Vice Chair Tisdale, and Chair Manes ABSENT: Agency Member Hickman Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Lt. Lelevier, Fire Cheif Barr, and Deputy City Clerk Giron. PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-466 Approval of Minutes Attachments: SA Staff Rpt Minutes for Anproyal.odf SA Minutes 2-10-2015 It is recommended that the Ardency approve the Minutes as submitted. City of Lake Elsinore Page 1 City of Lake Elsinore LORG (951) 674-3124PHONE LAItL I S� I iC�I`L CULTURAL CENTER -_ 163 N. MAIN STREET <4;-F[o.r All [,Xrn r.»r Meeting Minutes LAKE ELSINORE, CA 92530 Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE-CHAIR NATASHA JOHNSON, AGENCYMEMBER DARYL HICKMAN, AGENCYMEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, February 24, 2015 7:00 PM Cultural Center CALL TO ORDER - 7:00 P.M. Chair Manos called the meeting to order at 8:17 p.m. ROLL CALL PRESENT: Ageny Member Johnson, Agency Member Magee, Vice Chair Tisdale, and Chair Manes ABSENT: Agency Member Hickman Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Lt. Lelevier, Fire Cheif Barr, and Deputy City Clerk Giron. PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14-466 Approval of Minutes Attachments: SA Staff Rpt Minutes for Anproyal.odf SA Minutes 2-10-2015 It is recommended that the Ardency approve the Minutes as submitted. City of Lake Elsinore Page 1 Successor Agency Meeting Minutes February 24, 2015 Administrative Services Director Simpson provided an overview of staffs report and recommendation to the Agency. Director Simpson stated the ROPS is required under the Dissolution Act for Redevelopment Agencies. He reported that the Oversight Board approved the ROBS for the period of July 1, 2.015 through December 31, 2015 and is due to the State Department of Finance no later than March 3, 2015. The POPS covers all of the City's debt service of all the tax allocation bonds, City obligations under certain development disposition agreements, and other City obligations. The Successor Agency is expected to receive approximately $6.3 Million to assist in paying those obligations. Motion by Vice Chair Tisdale, second by Agency Member Magee, to adopt Resolution No. 2015-001 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-16A) FOR JULY 1, 2015 THROUGH DECEMBER 31, 2015, passed by unanimous vote as follows: AYES Vice Chair Tisdale, Agency Member Magee, Agency Member Johnson, and Chair Manos NOES None ABSENT: Agency Member Hickman ABSTAIN; None PUBLIC COMMENTS — None EXECUTIVE DIRECTOR COMMENTS - None LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Manos adjourned this meeting at 8:21 p.m. to the next regularly scheduled meeting to be held on Tuesday, March 10, 2015, at 7:00 p.m. Steve Manos, Chair Virginia J. Bloom, Agency Clerk City of Lakc Elsinore Pe9c 3 LAI, E�.Sr�O�: 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: MARCH 10, 2015 SUBJECT: WARRANT LIST DATED FEBRUARY 26, 2015 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 February 26, 2015. 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 2-26-15 FEBRUARY 26,20B TNARRANT ,IASSY SUCCESSOR AGILNCY O�� ";L➢IIIL I�1LD,'[,VIFILCIF'IMFN'll' nC'FNCY C)II''ll'11-11',, CITY FII: 1L/\KF IFILSIINORIF VENDOR NAME AMOUNT 7252 LAKE ELSINORE STORM, LP 51,711.00 7253 LEIBOLD, MCCLENDON & MANN 5,260.91 WARRANT TOTAL 59,006.91 GRAND TOTAL $ 59,006.91 3/2/2015 Warrant 02 26 15 SA P13A 1 of 1 Lt1KE 1->LS1H0RE —� City of Lake Elsinore Meeting Minutes City Council STEVE MANOS, MAYOR BRIAN TISDALE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER Tuesday, February 24, 2015 7:00 PM CALL TO ORDER - 7:00 P.M. Mayor Manos called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Wayne Coleman. ROLL CALL LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 PRESENT: Council Member Johnson, Council Member Magee, Mayor Pro Tem Tisdale, and Mayor Manos ABSENT: Council Member Hickman Cultural Center 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, Lt. Lelevier, Fire Cheif Barr, and Deputy City Clerk Giron. PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE Megan Locke, representative from Senator Jeff Stone's office, announced that the office is open for business and located at 25186 Hancock Avenue, Suite 320, Murrieta; the telephone number is (951) 894-3530. The grand opening will be held on March 12, 2015. City of Lake Elsinore Page 1 City Council Meeting Minutes February 24, 2015 CONSENT CALENDAR 1) ID# 14-455 Approval of Minutes Attachments: CC Minute Report CC Minutes 2-10-2015 It is recommended that the City Council approve the Minutes as submitted. 2) ID# 14456 Warrant List dated February 12, 2015 Attachments: City Staff Report 2-24-15 Warrant Summary City 02 12 15 Warrant List City 02 12 15 It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated on February 12, 2015. 3) ID# 14-457 City Investment Report for January 2015 Attachments: City Investment Staff Report 2015-01.pdf Investment Report 2015-01 CITY.pdf Staff recommends that the City Council receive and file the City's Investment Report for January 2015. 4) ID# 14-458 Award of Agreement for Citywide Janitorial Services Contract Attachments: Staff Report - Janitorial Service Contract Janitorial Services Agreement Award the Agreement for Contractor Services to Semilla Landscape Corporation in the amount of $56,100; and City Council approve the Agreement for Contractor Services in substantially the form attached and authorize the City Manager to execute the Agreement for Contractor Services in such final form as approved by the City Attorney. 5) ID# 14459 Award of Agreement for Public Works Construction to Ben's Asphalt, Inc. for Annual Crack Seal & Pothole Repair Program 2015, CIP Proiect No. Z10002 Attachments: Staff Report -Contract Agreement to Ben's Asphalt Bens Asphalt Agreement MB Award the Agreement for Public Works Construction to Ben's Asphalt, Inc. for asphalt maintenance services for the Annual Crack Seal & Pothole Repair Program 2015, in the not -to -exceed amount of $100,000; and City Council approve the Agreement for Public Works Construction in substantially the form attached and authorize the City Manager to execute the contract in such final form as approved by the City Attorney. City of Lake Elsinore Page 2 City Council Meeting Minutes February 24, 2015 6) ID# 14.460 Tax Defaulted Real Property Sales, County of Riverside Attachments: CC Report Tax Default Properties 2-24-15 attornevrevised CC Attachments - Tax Defaulted Properties 2-24-15 (2) It is recommended that the City Council consider the list of available tax defaulted real properties and provide direction to staff to pursue purchase of all fifteen (15) parcels or identify specific parcels for purchase. In addition, authorize signature of support for the Elsinore Valley Municipal Water District (EVMWD) to purchase multiple tax defaulted properties. Motion by Mayor Pro Tem Tisdale, second by Council Member Johnson, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Mayor Pro Tem Tisdale, Council Member Johnson, Council Member Magee, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None 7) ID# 14-461 Second Reading and Adoption of Ordinance No. 2015-1333 Attachments: Ordinance No. 2015-1333 Second reading of Ord 2015-1333 Code Enforcement Amendments It is recommended that City Council waive further reading and adopt by title only ORDINANCE NO. 2015-1333 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE TO PROVIDE MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES, by roll -call vote. City Clerk Bloom provided staffs recommendation to Council. City of Lake Elsinore Page 3 City Council Meeting Minutes February 24, 2015 Motion by Council Member Magee, second by Mayor Pro Tem Tisdale, to waive further reading and adopt by title only Ordinance No. 2015-1333. City Clerk Bloom read the title of ORDINANCE NO. 2015-1333 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE LAKE ELSINORE MUNICIPAL CODE TO PROVIDE MORE EFFECTIVE CODE ENFORCEMENT AND COST RECOVERY PROCEDURES, and conducted the the roll -call vote; motion passed by unanimous roll -call vote as follows: AYES Council Member Magee, Mayor Pro Tem Tisdale, Council Member Johnson, and Mayor Manos NOES None ABSENT: Council Member Hickman ABSTAIN: None 8) ID# 14-462 Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvement Project Approval and Environmental Documentation (PA&ED) Progress Update Attachments, Staff Report for Railroad Canyon Interchange - VDCE City Council receive and file City Consultant's presentation on the progress of the Project Approval and Environmental Documentation (PA&ED) phase for Railroad Canyon Road and Franklin Street at Interstate 15 Interchange Improvements. Consultant Project Manager Ati Eskandari provided the history and process of the interchange improvement project located at Railroad Canyon Road and Franklin Street at Interstate 15. Ms. Eskandari also explained the four (4) design alternatives and respective phases and costs. Scott Ritchie, Sub -Consultant, provided an overview of Alternative No. 4 and explained the viability for this alternative. He reviewed the design goals to minimize right of way impacts and keep the costs low; keep businesses intact; maximize the operation of the roundabouts with safety and lane configuration; and make the roundabouts function for large freight trucks, so that they can stay in one lane. The focus is on maximum capacity, safety, and minimal impacts. He also explained the design of the roundabouts to function with businesses and enough capacity for off ramp traffic. He stated that most of the business owners' accesses will remain. The City's website will host links with animation of the four (4) roundabout alternatives. Consultant Eskandari explained that a lot of detail goes into the preliminary engineering phase. Consultant Eskandari provided an overview of the project status and an alternative cost comparison of the project, cost for each phase, and temporary traffic impacts for Alternatives Nos. 2, 3, and 4. She also reviewed the level of service for all the roundabout alternatives. Consultant Eskandari stated that the approvals of the air quality and noise quality are critical to stay on project schedule. City of Lake Elsinore Page 4 City Council Meeting Minutes February 24, 2015 Council Member Johnson asked regarding accessibility to businesses during the construction phases. Consultant Eskandari responded that all businesses will remain open with access and signage. Council Member Johnson asked regarding the acquisition of property at In -N -Out in Alternative No.4. Consultant Eskandari responded that all the alternatives include partial take with minimal acquisition and explained that the same amount of property that is acquired is replaced. Mayor Pro Tem Tisdale stated that he was concerned with the traffic impacts from baseball games. Consultant Eskandari explained that the project is funded through the PA & ED phase and that the City needs to secure funding for the right-of-way and design phases, so that there is no lapse of time in those phases. Consultant Eskandari stated they would work out all the timelines for the baseball events and phase the construction to minimize the traffic impact. Mayor Manos asked if the City actually only has two alternatives in terms of attaining the funding and get this done in a one-year term. Consultant Eskandari answered that roundabouts rank high to be federally funded immediately. Mayor Manos stated that because the way this project is funded, it would leave the City with power to move forward with Phase No. 2. Consultant Eskandari responded that it gives the City more flexibility to have Phase No. 2 built sooner. Mayor Manos stated that he has received comments with concerns that drivers would not be able to operate roundabouts. Consultant Eskandari responded that signage and lane assignment are a key component to a good design, so that drivers are not confused. Mayor Manos stated that he also received comments regarding the interchanges in Temecula. Mr. Ritchie responded that older roundabout designs are different than newer roundabouts designs. The newer roundabouts have the capability to handle trucks in the same lane and the shapes are unique to intersections so that they operate more efficiently and safer. 9) ID# 14-463 Central Avenue at Interstate 15 Interchange Ultimate Improvement Status Attachments: Staff Report - Central Interchange Proiect Status EXHIBIT A Cover Sheet Exhibit A - Interchange Alternative 2 Exhibit A - Interchange Alternative 3 EXHIBIT B Cover Sheet Exh B Revised Lake Elsinore GP Network 7 24 2014 EXHIBIT C - Cover Sheet Exhibit C - City Property Acquisition City Council receive and file City Consultant's presentation on the status of Central Avenue at Interstate 15 Ultimate Interchange improvements. City of Lake Elsinore Page 5 City Council Meeting Minutes February 24, 2015 Consultant Project Manager Ati Eskandari provided status of the Central Avenue at Interstate 15 interchange improvement to Council. Consultant Eskandari stated that a project study was conducted in 2005 in an effort to improve traffic congestion at the interchange. As a result, interim improvements to widen the Central Avenue underpass were completed in 2010. She reviewed Interchange Alternatives Nos. 2 and 3 and stated the City's General Plan shows Central Avenue as an eight (8) lane arterial which serves the community as a built out and provides service to the county and is used to get to Highway 74. After several discussions with Caltrans, the PA & ED phase was put on hold because there were fatal flaws with both alternatives because the design could not meet the Caltrans design requirements. To reinitiate the PA & ED phase the City needs to ask WRCOG to set aside a certain amount of funding that will be available by the end of Fiscal Year 2015/2016 at a cost of approximately $1 million and the current budget allocates $133,000. Consultant Eskandari advised that the City needs to reevaluate the PA & ED alternatives and update the traffic study, because traffic volumes have changed. City Manager Yates thanked Council Member Magee for requesting that this item come forward. It is time to focus on this project because of the leadership positions that Council Members have and the City's relationship with regional partners. City Manager Yates also thanked Consultant Eskandari and her team for all their work. 10) ID# 14-464 Appointments to the Planning Commission Attachments: Staff report PC Appointments The Council sub -committee will make its short list recommendation to the Mayor and Council for consideration of two (2) short-term appointments to the City's Planning Commission. A vote will be called for each nomination, and the applicant receiving the highest number of affirmative votes from the majority of the Council present shall be appointed to serve on the City's Planning Commission for a term commencing on March 1, 2015 and ending on June 30, 2016. City Clerk Bloom provided on overview of the staff report and the Council Sub -Committee recommendations for appointments to fill two short-term positions on the Planning Commission. Council Member Magee explained the interview process and the importance of a position on the Planning Commission. He and Council Member Hickman recommended two (2) names to be appointed for two (2) short-term positions on the Planning Commission; two (2) names to place on reserve; and recommendations that a couple of the applicants be considered for the Public Safety Advisory Commission recruitment in June 2015. Council Member Magee provided qualifications and brief backgrounds for nominees, Tim Fleming and Lance Ray. Council Member Magee nominated Tim Fleming and Lance Ray. City of Lake Elsinore Page 6 City Council Meeting Minutes February 24, 2015 The motion to appoint Tim Fleming to a short-term position on the City Planning Commission, passed by unanimous vote as follows: AYES Council Member Magee, Council Member Johnson, Mayor Pro Tem Tisdale and Mayor Maros NOES None ABSENT: Council Member Hickman ABSTAIN: None The motion to appoint Lance Ray to a short-term position to the City Planning Commission, passed by unanimous vote as follows: AYES Council Member Magee, Council Member Johnson, Mayor Pro Tem Tisdale and Mayor Maros NOES None ABSENT: Council Member Hickman ABSTAIN: None Planning Commissioner Fleming thanked Council for the opportunity to serve on the Planning Commission. He stated that he will keep this community's development direction consistent with the General Plan. Planning Commissioner Ray stated that he has been part of this community since 2008 and thanked City Council for the opportunity to serve on the Planning Commission. PUBLIC COMMENTS — None CITY MANAGER COMMENTS - None CITY ATTORNEY COMMENTS City Attorney Leibold congratulated Planning Commissioners Fleming and Ray on their appointments. CITY COUNCIL COMMENTS Council Member Johnson thanked all 11 Planning Commission applicants for their interest in the position. She stated that Chair Jane Chu of the National Endowment for the Arts visited the City on February 20th and toured the Cultural Center and Historical Museum. The theory behind the tour is to use business arts as an economic stimulus for the community and support the arts. Council Member Johnson thanked Studio 395 for the opportunity to host National Endowment Chair Jane Chu. City of Lake Elsinore Page 7 City Council Meeting Minutes February 24, 2015 Mayor Pro Tem Tisdale congratulated the newly appointed Planning Commissioners and the Sub -Committee for interviewing all the candidates. He also thanked Finance Department, City Attorney Leibold, and staff for all their work on the ROPS. Mayor Pro Tem Tisdale stated that he and Council Member Magee had the opportunity to attend Little League opening day and that the fields needed maintenance work. He stated the traffic at Railroad Canyon is a difficult situation that needs to be resolved as the City's population continues to grow. He asked residents for their patience as the City moves forward with the roundabout process. Mayor Manos thanked Council Member Johnson for attending the National Endowment of Arts event; and Mayor Pro Tem Tisdale and Council Member Magee for attending the Little League opening day. Mayor Manos stated that he attended the League of California Cities meeting where attendees discussed issues regarding strategic goals and expanding economic development tools; reducing regulations, implement reform to help reduce unfound liabilities, modernized financing and infrastructure maintenance of construction for roadways; the Governor's budget; and the proposition for legalization of cannabis. Mayor Manos recognized Council Member Magee on his appointment as Chairman of the RCTC (Riverside County Transportation Commission.) Mayor Manos thanked the public for their attendance and decorum at the meeting. ADJOURNMENT Mayor Manos adjourned the meeting at 8:25 p.m. to the next regularly scheduled meeting to be held on Tuesday, March 10, 2015, at 7:00 p.m. Steve Manos, Mayor Virginia J. Bloom, City Clerk City of Lake Elsinore Page 8 t._.. r t 1. \_l F7--' eN Lf -IVT FLS1 E r� DREA14'1. 1:X 1..JU l` E REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Virginia J. Bloom, City Clerk DATE: March 10, 2015 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 February 24, 2015 Prepared by: Diana Gir6n Deputy City Clerk Approved and Submitted by: Virginia J. Bloom City Clerk Approved by: Grant Yates City Manager Attachment: Draft Minutes of February 24, 2015 Lt3KiLS1I 4tIZL. —�74e" t�n�rr KI MI Tuesday, February 24, 2015 CALL TO ORDER - 7:00 P.M. City of Lake Elsinore Meeting Minutes Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCYMEMBER ROBERT MAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Chair Manos called the meeting to order at 8:17 p.m. ROLL CALL PRESENT: Ageny Member Johnson, Agency Member Magee, Vice Chair Tisdale, and Chair Manos ABSENT: Agency Member Hickman LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Cultural Center Also present: Executive Director Yates, Agency Counsel Leibold, Agency Clerk Bloom, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Damasse, Community Services Director Skinner, Lt. Lelevier, Fire Cheif Barr, and Deputy City Clerk Giron. PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 14.466 Approval of Minutes Attachments: SA Staff Rpt Minutes for Approval.pdf SA Minutes 2-10-2015 It is recommended that the Agency approve the Minutes as submitted. Cify of Lake Elsinore Page 1 Successor Agency Meeting Minutes February 24, 2015 2) ID# 14-467 Warrant List dated February 12, 2015 Attachments: SA RDA Staff Report 2-24-15 SA RDA Warrant summary 02 12 15 SA RDA Warrant List 02 12 15 it is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated February 12, 2015. 3) ID# 14468 Successor Agency Investment Report for January 2015 Attachments: SA RDA Investment Staff Report 2015-01.pdf Investment Report 2015-01 SARDA.Pdf Staff recommends that the Members of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Successor Agency's Investment Report for January 2015. Motion by Vice Chair Tisdale, second by Agency Member Johnson, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Vice Chair Tisdale, Agency Member Johnson, Agency Member Magee, and Chair Manos NOES None ABSENT: Agency Member Hickman ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) 4) ID# 14-469 Recognized Obligation Payment Schedule (ROPS 15-16A) For July 1, 2015 Through December 31, 2015 Attachments: SA Staff Report - Adoption of Jul - December 2015 ROPS 15-16A SA Reso #2015-00 Re ROPS 15-16A 022415 Lake Elsinore ROPS 15-16A Dv3 Resolution No. 2015- 001 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-16A) FOR JULY 1, 2015 THROUGH DECEMBER 31, 2015. City of Lake Elsinore Page 2 Successor Agency Meeting Minutes February 24, 2015 Administrative Services Director Simpson provided an overview of staffs report and recommendation to the Agency. Director Simpson stated the ROPS is required under the Dissolution Act for Redevelopment Agencies. He reported that the Oversight Board approved the ROPS for the period of July 1, 2015 through December 31, 2015 and is due to the State Department of Finance no later than March 3, 2015. The ROPS covers all of the City's debt service of all the tax allocation bonds, City obligations under certain development disposition agreements, and other City obligations. The Successor Agency is expected to receive approximately $6.3 Million to assist in paying those obligations. Motion by Vice Chair Tisdale, second by Agency Member Magee, to adopt Resolution No. 2015-001 A RESOLUTION OF THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS 15-16A) FOR JULY 1, 2015 THROUGH DECEMBER 31, 2015, passed by unanimous vote as follows: AYES Vice Chair Tisdale, Agency Member Magee, Agency Member Johnson, and Chair Manos NOES None ABSENT: Agency Member Hickman ABSTAIN: None PUBLIC COMMENTS — None EXECUTIVE DIRECTOR COMMENTS - None LEGAL COUNSEL COMMENTS - None AGENCY MEMBER COMMENTS - None ADJOURNMENT Chair Manos adjourned this meeting at 8:21 p.m. to the next regularly scheduled meeting to be held on Tuesday, March 10, 2015, at 7:00 p.m. Steve Manos, Chair Virginia J. Bloom, Agency Clerk City of Lake Elsinore Page 3 CITY (7! LAKE LIsI N0IAF DRFAM [? i RLMf 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: March 10, 2015 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 February 24, 2015 Prepared by: Diana Giron Deputy City Clerk Approved and Submitted by: Virginia J. Bloom Agency Clerk Approved by: Grant Yates Executive Director Attachment: Draft Minutes of February 24, 2015 0 C N N F-` W to -1 m rp N U � C Z a 0 _ < m m rti N O W io r. N N ui C7) w 3 � F� O w o C 'a � 1 n io Z'I '.. : 3 N f 00 W., W m. l0o N S 3 Z3c y : O m' b ml n: w' Qc- N v 0° O T ° ? LA v N' REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization 1 Represented: r N 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 9 minute) I wish to comment on the following non -a endized item at end of meeting: (comments limited to 3 minutes) v �G ate 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 W, LAKE jL,,�-LSIROI REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: Address Phone ► I wish to address Agenda Item No. (Comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date 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! �C TY O F L e I C L IROKE DR. �I , >a TN REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name:�� Please Print Organization Represented. �_? lt4i4.P ► C I wish to address Agenda Item No. . (Comments limited to 3 minutes) ► I wish to comment on the following non -a endized 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 meeting: (Comments limited to 3 minutes) Date &2� 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 LAKE LSMORT- �� DREAM EXTREME 4 TM REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Organization Represented: Please Print - Address Phone ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) C) E ► 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 min ) W t f r 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: Organization Represented: Please Print - Address Phone ► I wish to address Agenda Item No. . (Comments limited to 3 minutes) C) E ► 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 min ) W t f r 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! MAILER - TO EVERY RESIDENT IN THE CITY SUPPORT & CHARITY BEGINS AT HOME - THE CITY AND THE PEOPLE IN IT A direct letter to every citizen, 52,000 to support this agenda by giving $5, $10, $20 or more from those who can afford more. For a period of 12 months (1 year) to see what can be accomplished. Every citizen will be asked to volunteer on these projects at least one day per month for one year. All organizations: churches — city government —students/schools With everybody giving — everybody will be receiving. MONTHLY BUDGET - YEARLY TOTAL YEARLY $250,000 $12,000 $262,000 JMRR fl X72 a7�) 4't2- S� 3 MONTH YEARLY FOOD $2000 $24,000 CLOTHING $2000 $24,000 SHELTER $10,000 $120,000 PRINCESS $3,000 $36,000 OCTOBER FEST $5,000 MUSIC IN THE PARK $5,000 HALLOWEEN $5,000 FARMERS MARKET $5,000 CAR SHOW 1 MONTH $3,000 ELSIE YEARLY $30,000 395 YEARLY $5,000 TOTAL YEARLY $250,000 $12,000 $262,000 JMRR fl X72 a7�) 4't2- S� 3 WE SERVE OUR CITY 1. FOOD—Yes Center— HOPE —Feed at the park 2. CLOTHING—Yes Center—School Bell & Park 3. SHELTER — Have location 1 Acre 4. THE PRINCESS—The last Paddle Wheeler left 5. UNITY IN THE COMMUNITY PARADE 6. OCTOBER FEST 7. MUSIC IN THE PARK 8. HALLOWEEN 9. FARMERS MARKET 10.CAR SHOW 11.ELSIE FLOAT —Mascot —Advertise City 12.395 $5 $10 $20 or more per month $5 1000 people x 5 = $5000 per month $5000 x 12 months = $60,000 per year $10 1000 people x 10 = $10,000 per month $10,000 x 12 months = $100,000 per year $20 1000 people x 20 = 20,000 per month $20,000 x 12 months = $240,000 per year $60,000 $120,000 $240,000 $420,000 PER YEAR $80,000 OR MORE $500,000 CITYOF C ES1',A0R,,E I P -EA ut'EXTREME *a REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization Represented: _� 1 ► I wish to address Agenda Item No.. (Comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► I wish to comment on the following non agendized item at end of meeting: (Comments limited to 3 minutes) to ignature 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! LAKE (;�LSIRORJF :;`V DREAM EXI-REML REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: . t Please Print Organization NN ,' } = Represented: A� F 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) pi- ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) t 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 L KE ti ' DP,EA-N EXTPLEME _ REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Please Print Organization I �� / % Represented: Address Phone ► 1 wish to address Agenda Item No. — (Comments limited to 3 minutes) PL, m,� "A ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► 1 wish to comment on the following non agendized item at end of meeting: (Comments limited to 3 minutes) GiZ `-Ll) I/ 115l — —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! Good evening city council member and staff. Our company is All Day Jet Ski and We are going on our 7th year of operations on Lake Elsinore. In 2012 City council member Magee championed the sliding commercial fee scale scedule for residential commecial annual lake use passes. in 2011- 2012- All Day Jets Ski Paid A total of $6,250.00 In Lake use passes in 2011- 2012 Williams Bait, tackle and boat rental defauded the city with the knowledge and aid of the City by not paying for any of his Lake use passes. not one dime accounding to our records request and reciepts collected by the City. in 2013 -All day jet ski paid a total $6,000 for lake use passed and commisions to the City of Lake Elsinore. In 2013- under the Magee sliding scale William's Boat rental with the help of City employees defrauded the City by only paying $400 Total for at least 8 Motorize water craft. in 2014 All day jet ski paid a total of $6,000 in Lake use passes and commisions to the city. in 2014 William's boat rental defruaded the City by only Paying $700 for for 7 motorized water craft. Which he was required to pay $2,100 under the Magee sliding scale. Then he was authorised an illegal $700 refund depsite the fact it was against City policy and aided and abeded by City staff. I 2014 - 2015 Williams boat rental and Aqua Fly Board both under the same agreement and type of contract All day jet ski held in 2010-2012 at La Laguna have not paid for any manditor lake use passes. To date All day jet ski has paid a total $22,331 in lake use passes and commisions to the City. 1 To date William Boat rental has paid a total of $1,150 in lake use passes over a 6 year period. All day jet ski has provide evidence to code enforcement and Johnathan Skinner 6 moths ago and they have not taken any action according to recent record request. The City of Lake Elsinore does not want to acknoldge these crimes. on March 5, 2015 We met with Nicole Dailey Instructed by the City Manager to discuss these issues. She told us that basically nobody cares or is going to listen to you about any of your issues related to fraud. She further told us after presented with our yelp and google 5 star 7 year reputaion that she would have to assume it was fabricated and the we are not a fit for the City and this was our last year. Despite a 2yr. extention by the City manager written in our contract. 2