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HomeMy WebLinkAboutCC & SA Regular Agenda Packet 10-27-2015!ro" Li`l�L� LSWIIOR E 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-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, October 27, 2015 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM - 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 VISION STATEMENT The City of Lake Elsinore will be the ultimate lake destination where all can live, work and play, build futures and fulfill dreams. City of Lake Elsinore Page 1 Printed on 1012212015 City Council Regular Agenda October 27, 2015 CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS Business of the Quarter - Pints & Quarts Gastro Pub PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it in to the City Clerk, The Mayor or City Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 1) ID# 15-795 Warrant List dated October 15, 2015 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated October 15, 2015, Attachments: City Staff Report 10-27-15 Warrant Summary City 10 15 15 Warrant List City 10 15 15 2) ID# 15-796 Approval of Final Map 31920-16 Recommendation: It is recommended that the City Council: 1. Approve Final Map 31920-16 subject to the City Engineer's acceptance as being true and correct; 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-16; and 3. City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Attachments: Staff Report Final Map Track 31920-16 VicinityMap Final Map Index City of Lake Elsinore Page 2 Printed on 1012212015 City Council Regular Agenda October 27, 2015 3) ID# 15-797 Approval of Final Map 31920-13 Recommendation: It is recommended that the City Council: 1. Approve Final Map 31920-13 subject to the City Engineer's acceptance as being true and correct; 2. Authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-13; and 3. Authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Attachments: Staff Report Final Map 31920-13 VicinityMap Final Map Index 4) ID# 15-798 Change Order for Professional Services Agreement with Environmental Science Associates for Preparation of CEQA Compliance Documents for the Walmart Supercenter Project Recommendation: Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Environmental Science.Associates for Preparation of CEQA Compliance Documents for the Walmart Supercenter Project in an amount not to exceed $20,000; in substantially the form and in such final form as approved by the City Attorney. Attachments: ESA Environmental On -Call Services Amendment - CC Staff Report 10-27-15 ESA Environmental On -Call Services Agreement - First Amendment 10-27-15 Agreement for Professional Services with ESA dated 12-10-13 ESA Walmart Supercenter EIR Request for Contract Modification - 10 08 15 5) ID# 15-799 Award Agreement of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 Project No: Z10008-4 Recommendation: It is recommended that City Council: 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 to Hardy & Harper, Inc.; 2. Approve and authorize the City Manager to execute the Agreement in the amount of $892,795.25 to Hardy & Harper, Inc. in substantially the form and in such final form as approved by the City Attorney; 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $133,919 for adjustment in bid quantities; and 4. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Attachments: Staff Report - Award Citywide Pavement Rehabilitation Program Phase 4 Hardy & Harper Pavement Rehab Ph 4 Construction Agmt Hardy & Harper Pavement Rehab Ph 4 Bid Proposal City of Lake Elsinore Page 3 Printed on 1012212015 City Council Regular Agenda October 27, 2015 6) ID# 15-800 Award of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 Project No: Z10008-5 Recommendation: It is recommended that the City Council: 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 to Hardy & Harper, Inc.; 2. Approve and authorize the City Manager to execute the Agreement in the amount of $524,408 to Hardy & Harper, Inc. in substantially the form and in such final form as approved by the City Attorney; 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $78,661 for adjustment in bid quantities; 4. Waive the irregularity in the bid submitted by Hardy & Harper, Inc.; and 5. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Attachments: Staff Report - Award Citywide Pavement Rehabilitation Program Phase 5 Citywide Pavement Rehabilitation - Ph 5 Construction Agmt Citywide Pavement Rehabilitation Program - Phase 5 Hardy & Harper Bid Prote 7) ID# 15-801 Consideration to an Agreement to COA 102 and Agreement for the Construction of Improvements - VTTM 28214, Alberhill Ranch Recommendation: It is recommended that City Council: 1. Approve the finding that the Lake Street/1-15 improvements required by Condition of Approval No. 102 to VTTM 28214 be completed at the 486th Certificate of Occupancy. 2. Authorize the City Manager to execute the Agreement for Construction of Improvements in substantially the form attached and in such final form consistent with the finding above and as approved by the City Attorney. Attachments: Staff Report Alberhill Ranch Agreement for the Construction of Improvements Vicinity Map - Alberhill Ranch Attachment A -November 25 2003 Approval TT28214 & TT30836 Attachment B - June 132006 Revision Approval Attachment C - August 23_201 IRevision Approval Attachment D - Improvement Plans - LLG - Alberhill Ranch Updated 464th CofC Attachment E -Improvement Plans - Lake Street 464th Ramp Impr Plans Agreement for Construction Improvement Faithful Performance Bond Labor and Material Bond City of Lake Elsinore Page 4 Printed on 10/2212015 City Council Regular Agenda October 27, 2015 8) ID# 15-802 Fiscal Year 2014-15 End of Year Operating Budgets Status Report - General Fund Recommendation: Staff recommends that the City Council approve the following resolutions to amend the Fiscal Year 2014-15 Operating Budget (Exhibit A) and the GANN Limit for FY2014-15 and FY2015-16 (Exhibit B), as reflected and adjusted in the Exhibits. RESOLUTION NO. 2015-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2014-15 ANNUAL OPERATING BUDGET; and RESOLUTION NO. 2015-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2014-15 AND FY 2015-16 SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY Attachments: 2014-15 EOY Budget Report Resolution 2014-15 City Operating Budget Amended 10 2015 EOY EXHIBIT 1 EOY VARIANCE EXPLANATION EOY SCHEDULE GF EXP Resolution 2014-15 2015-16 Gann Limit Amended gann exhibits PUBLIC HEARINGS 9) ID# 15-803 Consideration of the Draft Ordinance Amending Title 5, Chapter 5.35 of the Lake Elsinore Municipal Code Regarding Regulation of Unattended Donation Boxes. Recommendation: Staff recommends that the City Council: 1. Approve and Introduce by title only and waive further reading of Ordinance No. 2015-1344; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING Title 5, CHAPTER 5.34, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES Attachments: Bin Ordinance Staff Report Donation Box - CC Ordinance Redline Version Donation Box - CC Ordinance Clean Version BILL ANALYSIS AB918 Welfare Institutions Code Section 148 3 Photographs APPEALS) - None BUSINESS ITEM(S) - None City of Lake Elsinore Page 5 Printed on 1012212015 City Council Regular Agenda October 27, 2015 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 10) ID## 15-804 City Departmental MonthlV Reports Attachments: City Monthly Report CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, November 10, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center 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, Diana Giron, Acting City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda wa posted at City Hall 72 hours in advance of this meeting. Diana Giron, Action 4ty berk City of Lake Elsinore Page 6 Printed on 1012212015 RG Cit of Lake Elsinore LAKE-ELSINOREONE !1 Y (951)674-3124 PHONE 1.i31�1IT�i�1�1 CULTURAL CENTER —rte— 183 N. MAIN STREET )5f ,moi iAIoL LAKE ELSINORE, CA Regular Agenda 92530 Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCY MEMBER DARYL HICKMAN, AGENCYMEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, October 27, 2015 _ 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM - 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 Elsinore Page 1 Printed on 1012212015 Successor Agency Regular Agenda October 27, 2015 CALL TO ORDER - 7:00 P.M. ROLL CALL PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the Agency meeting and turn it into the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless an Agency Member or any member of the public requests separate action on a specific item.) 1) ID# 15-793 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rgt Minutes for Approval SA Minutes 10-13-2015 2) ID# 15-794 Warrant List dated October 15, 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 October 15, 2015. Attachments: SA RDA Staff Report 10-27-15 SA RDA Warrant Summary 10 15 15 SA RDA Warrant List 10 15 15 PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) None City of Lake Elsinore Page 2 Printed on 10/22/2015 Successor Agency Regular Agenda October 27, 2015 ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, November 10, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center 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, Diana Giron, Acting Agency Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agen a was posted at City Hall 72 hours in advance of this meeting. . "� a -J4 '-, '- Diana riron, Actin. Agency Clerk City of Lake Elsinore Page 3 Printed on 1012212015 LA E LSINORE ljRLAM EXI- LME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: WARRANT LIST DATED OCTOBER 15, 2015 Recommendation It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated October 15, 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 10-15-15 1 iila� tillir:�l Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 15-795 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 1012212015 OCT013;LR 15, 2015 CIFY 01E LAKE ,ELSINOR E WARRANT SUMMARY FUND# FUND DESCRIPTION TOTAL 100 GENERAL FUND $ 1,662,610.20 110 STATE GAS TAX FUND 13,767.74 114 SB1186 CASP EDUCATION PROGRAM 173.00 118 LAKESIDE FACILITIES DIF FEE 475.00 130 LIGHTING/LANDSCAPE MAINTENANCE FUND 112,416.72 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST- CO. 3,518.50 160 PUBLIC EDUCATION GOVERNMENT 4,466.50 300 INSURANCE SERVICE 291.53 305 INFORMATION SYSTEMS 44,294.69 310 SUPPORT SERVICE 3,973.30 315 FLEET 21,875.60 320 _ _ FACILITIES 24,075.89 357 C.F.D. 2003-2A CANYON HILL IMPROVEMENT AREA DEBT SERVICE FUND 149.90 366 C.F.D. 2005-6 CITY CENTER TOWNHOMES DEBT SERVICE FUND 798.00 368 C.F.D. 20056-2 VISCAYA DEBT SERVICE FUND 420.89 372 C.F.D. 2005-2A ALBWERHILL RANCH IMPROVEMENT DEBT SERVICE FUND 765.18 385 C.F.D. 2004-3A2 ROSETTA CANYON IMPROVEMENT DEBT SERVICE FUND 2,602.53 500 CAPITAL IMPROVEMENT PLAN 991,827.91 620 COST RECOVERY TRUST DEP 84,968.59 GRAND TOTAL 10/20/2015 Warrant 10 15 15 City 1 of 1 OCTOBER 15, 2015 CITY OF LAKE IE]LSINOR1E WARRANT LIST CHECK# Vendor Name Amount 16009 INTERNAL REVENUE SERVICE - $ 22,241.90 16015 FRANCHISE TAX BOARD 1,765.16 16015 FRANCHISE TAX BOARD 5,741.90 85306 INTERNAL REVENUE SERVICE 18 919.89 85306 INTERNAL REVENUE SERVICE 5,715.82 85306 INTERNAL REVENUE SERVICE 21,600.98 85351 FRANCHISE TAX BOARD 6,050.07 85351 FRANCHISE TAX BOARD 1,320.84 123549 STEVE MANOS 291 33 123550 VENUS PRINTING 243.00 123551 GRANT YATES 220.33 123552 SECRETARY OF STATE 40.00 123553 CARRIE HANES 54.03 123554 COLONIAL LIFE 804.01 123555 EMPLOYMENT DEVELOPMENT DEPARTMENT 4,002.17 123556 I.0 M.A. RETIREMENT TRUST 9,006.69 123557 LEGAL SHIELD 155.40 123558 LIUNA LOCAL 777 3,971.40 123559 STANDARD INSURANCE COMPANY 2,585.55 123560 STANDARD INSURANCE COMPANY 19,337.16 123561 UNITED WAY - INLAND VALLEY _ 90.00 123562 VISION SERVICE PLAN 1,319.94 123563 WELLS FARGO INSURANCE SERVICES USA INC. 833.33 123564_ ACCOUNTEMPS 2,293.91 123565 ACTION GAS & WELDING SUPPLY 19.22 123566 AMERICAN FORENSIC NURSES 717.50 123567 AMERICAN MATERIAL CO. 22.46 123568 AUTOMATED GATE SERVICES, INC. 333.50 123569 BIO-TOX LABORATORIES 3,087.36 123570 BMW MOTORCYCLES OF RIVERSIDE 517.61 123571 BURKE, WILLIAMS & SORENSEN, LLP 4,736.50 123572 CDW GOVERNMENT, INC. 1,890.83 123573 COMPUTER ALERT SYSTEMS, INC. 162.00 123574 CRIME SCENE STERI-CLEAN, LLC 750.00 123575 DATA QUICK INFORMATION SYSTEMS, INC. 130.50 123576 DEVELOPMENT MANAGEMENT GROUP, INC. 10,000.00 123577 DISH NETWORK 100.27 123578 DOWNS COMMERCIAL FUELING, INC. 263.60 123579 E. V. M. W. D. 60 838 45 123587 EAGLE ROAD SERVICE & TIRE 1,697.99 123588 EXPRESS DRY CLEANERS 200.30 123589 FEDERAL EXPRESS CORPORATION 51.25 123590 GRANICUS, INC 5,373.60 10/20/2015 Warrant 10 15 15 City 1 Of 5 OCTOBER 15, 2015 Cll"FY OF LA.KE IElLSENOR1E WARRANT LIST CHECK# Vendor Name Amount 123591 GREAT AMERICA FINANCIAL SERVICES 1,407.14 123592 GUS PAPAGOLOS CONSULTING 237.50 123593_ INLAND BOBCAT, INC. 387.41 123594 JOE'S HARDWARE 57.03 123595 STEVE KARVELOT 412.50 123596 LOWE'S HOME CENTERS, INC. 565.78 123598 MANPOWER TEMP SERVICES 11,302.88 123600 MORROW PLUMBING, INC. 1,813.98 123601 MOTOPORT USA 2,198.76 123602 PAULEY EQUIPMENT OF TEMECULA, INC. 162.32 123603 POLAR EXPRESS HEATING AND AIR CONDITIONING 59.00 123604 GUSTAVO POLETTI 154.50 123605 GENARO & MABLE PRATS 2,045.60 123606 THE PRESS ENTERPRISE 129.60 123607 PROSTAFF, LLC 3,705.00 123608 PVP COMMUNICATIONS, INC. 73.59 123609 RHA LANDSCAPE ARCHITECTS -PLANNERS, INC. 75.00 123610 RIGHTWAY SITE SERVICES, INC. 702.38 123611 RIVERSIDE COUNTY SHERIFF 636,608.58 123612 RK ELECTRIC 4,466.50 123613 ROBBINS PEST MANAGEMENT, INC.1,420.00 -- ---- 123615 ROW TRAFFIC SAFETY INC 4-8.6-0- 123616 STEPHANIE C SANGES 9,393-.7-5- 123617 SCOTT FAZEKAS & ASSOCIATES, INC. 2,471.81 123618 SILVER & WRIGHT, LLP 7,761.79 123619 SMART & FINAL 35.58 123620 SOLAR CITY 254.52 123621 SOUTHERN CALIFORNIA EDISON CO. 19,826.03 123632 SOUTHWEST HEALTHCARE SYSTEM 900.00 123633 SUN PAC CONTAINERS 340.00 123634 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. 12,994.50 123636 123637 123638 123639 123640 123641 123642 123643 123644 123645 123646 123647 T_& B PLANNING INC. TEMECULA MOTORSPORTS TIME WARNER CABLE UNITED PARCEL SERVICE URBAN FUTURES, INC. VCS ENVIRONMENTAL VERIZON CALIFORNIA, INC. VIEVU LLC WAL-MART COMMUNITY WAXIE SANITARY SUPPLY WEST COAST SERVICES WILLIAMS BAIT & TACKLE, II` 10/20/2015 Warrant 1015 15 City 2 OF 5 79.71 280.00 98.00 231.25 438.05 63.46 126.71 717.00 o TO,t3 201Cf7C O][ LAKE 1LL ]I1 4� 1E WARRANT LIST CHECK# Vendor Name Amount 123648 C R. & R., INC. 13,975.09 123649 CAMBERN & CENTRAL INVESTORS LLC 218,990.25 123650 LIFTOFF, LLC 25,500.00 123651 TUSCANY HILLS LANDSCAPE & REC. CO. 3,120.79 123652 FRANCHISE TAX BOARD 738.57 123653 RIVERSIDE COUNTY SHERIFF'S OFFICE 278.87 123654 STATE DISBURSEMENT UNIT_ _ 224,77 123655 SUZETTE E OROZCO 378.91 123656 I.0 M.A. RETIREMENT TRUST 3,230.20 123657 ACCOUNTEMPS 2,200.49 123658 ACOM SOLUTIONS 480.60 123659 ALPINE WATER 126.45 123660 AMERICAN FORENSIC NURSES 500.00 123661 AMERICAN MATERIAL CO. 54.76 123662 ARC 72.50 123663 BABCOCK LABORATORIES, INC. 1,650.00 123664 BMW MOTORCYCLES OF RIVERSIDE 1,879.52 123665 BOATSWAINS LOCKER, INC. 1,125.49 123666 CALIFORNIA PAVEMENT MAINTENANCE CO., INC. 55.00 123667 CALIFORNIA STATE DIVISION OF THE STATE ARCHITECT 173.00 123668 CENTURY LINK 36.38 123670 DELL MARKETING, LP 740.97 123671 DOWNS COMMERCIAL FUELING, INC 7,728.12 123672 MARGARET ANN DRAKE 136.50 123673 ELSINORE VALLEY MUNICIPAL WATER DISTRICT 29,334.00 123674 FILARSKY & WATT LLP 1,260.00 123675 GALLS LLC _ 1,227.25 123676 GAME TIME 24,159.28 123677 GREEN COM INC 5,659.14 123678 H.0 P E., INC. 10,000.00 123679 HARDY & HARPER, INC 710,315.17 123680 HIGHLAND CONSTRUCTION, INC. 240,685.16 123681 INLAND EMPIRE LOCK & KEY 87.00 123682 JIVE COMMUNICATIONS, INC. 2,217.54 123683 STEVE KARVELOT 216.00 123684 KPA LLC 2,996.00 123685 LAKE CHEVROLET 2,353.27 123687 LEISURE INTERACTIVE, LLC 163.76 123688 LORENZ & JONES MARINE DIST 401.98 123689 LOWE S HOME CENTERS INC 1,957.63 123691 MORROW PLUMBING, INC. 131.00 123692 _ M_ORROW PLUMBING, INC. 180.77 123693 NEOPOST USA INC 2,085.56 10/20/2015 Warrant 10 15 15 City 3 OF 5 OCTOBER 15, 2015 C11 iFY OF ,LAKE ]EILSINORIE WARRANT LIST CHECK# 156.73 Vendor Name Amount 123694 THE PRESS ENTERPRISE 957.60 123695 RANCHO REPROGRAPHICS, INC. 156.73 123696 REC1 213.98 123697 RIGHTWAY SITE SERVICES, INC. 113.60 123698 RIVERSIDE COUNTY INFORMATION TECH 2,603.16 123699 RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH 1,528.00 123700 ROBBINS PEST MANAGEMENT, INC 1,125.00 123701 _ RUTAN & TUCKER, LLP 17 755.00 123702 SO CAL SANDBAGS,INC 1,396.40 123703 SOLAR SERVICE CENTER, INC. 211.32 123704 SOUTHERN CALIFORNIA EDISON CO. 59,254.26 .............._ 123711 SOUTHERN CALIFORNIA GAS CO. 47.27 123712 STAPLES ADVANTAGE 339.19 123713 T & B PLANNING, INC. 2,469.41 123714 TARGET SPECIALTY PRODUCTS 1,937.58 123715 TEAM AUTOAID INC. _ 91-6-.-54- 123716 TEMECULA MOTORSPORTS 161.89 123717 TIME WARNER CABLE 241.68 123718 TUSCANY HILLS LANDSCAPE & REC. CO. 39,256.00 123719 UNITED PARCEL SERVICE 41.28 123720 VERIZON CALIFORNIA, INC. 3,002.12 123723 WAXIE SANITARY SUPPLY 341.56 123724 WESTERN RIVERSIDE COUNCIL OF GOVT'S 195,206.00 BUREAU VERITAS NORTH AMERICA INC l. 123725 LAKE ELSINORE STORM, LP 223.78 DAN HARRIS 123726 AMERICAN MATERIAL CO. 80.14 CAROLE DONAHOE A.I C P 123727 BABCOCK LABORATORIES, INC. 825.00 LAKECHEVROLET 123728 BATTERY SYSTEMS, INC. 4,024.04 LESLIE'S SWIMMING POOL SUPPLIES 123729 BOATSWAIN'S LOCKER INC. 1,111.75 LOWE'S HOME CENTERS, INC. 123730 YARABITH BUENFIL 123731 BUREAU VERITAS NORTH AMERICA INC l. 123732 CA BUILDING STANDARDS COMMISSION 123733 DAN HARRIS 123734 DEPARTMENT OF CONSERVATION 123735 CAROLE DONAHOE A.I C P 123736 INLAND EMPIRE LOCK & KEY 123737 LAKECHEVROLET 123738 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 123739 LESLIE'S SWIMMING POOL SUPPLIES 123740 LORENZ & JONES MARINE DIST 123741 _ _ LOWE'S HOME CENTERS, INC. 123742 MICHAEL PAUL MAPLES 123743 MORROW PLUMBING, INC 123744 MORROW PLUMBING, INC. 10/20/2015 Warrant 10 15 15 City 4 OF 5 1,259.25 54.756.33 2,850.00 154.62 544.32 44.84 707.23 939.80 58.11 OC'TC?NR15,201'5 CITY OF LAKEELS]Il\ORE WARRANT1JS' CHECK# Vendor Name Amount 123746 MOST DEPENDABLE FOUNTAINS, INC. 1,092.60 123747 THE PRESS ENTERPRISE 448.80 123748 PRUDENTIAL OVERALL SUPPLY 1,851.14 123750 RAIN MASTER IRRIGATION SYSTEMS 322.65 123751 RHA LANDSCAPE ARCHITECTS -PLANNERS, INC. 6,491.57 123752 _ RIGHTWAY SITE SERVICES, INC. 4,164.32 123753 RIVERSIDE TRANSIT AGENCY 418.00 123754 RIVERSIDE COUNTY EXECUTIVE OFFICE 63,536.20 123755 SIGNS BY TOMORROW 236.40 123756 STAPLES ADVANTAGE 838.11 123757 SUN PAC CONTAINERS 160.00 123758 SUSTAINABLE CIVIL ENG SOLUTIONS, INC. 3,670.00 123759 VARSITY GYMNASTICS LLC 3,551.25 123760 VCS ENVIRONMENTAL 2,695.00 123761 WAXIE SANITARY SUPPLY 2,642.45 123762 KATHI WEATHERS 126.59 123763 WEST COAST ARBORISTS, INC. 2,525.76 123764 WEST COAST SERVICES 33500 123765 WILLDAN 2,226.00 123766 WILLIAMS BAIT & TACKLE, INC 6,717.00 123768 XSAT GLOBAL 112.84 14550513 CALPERS 402.08 14550513 CALPERS 30,711.02 1000601880 CALPERS 56,508.00 145505131 CALPERS 31108.50 P/E10/02/2015__- TASC 1,771.82 P/E 10/02/2015 TASC 416.68 GRAND TOTAL S 2.971-471-1 10/20/2015 Warrant 10 15 15 City 5 OF 5 Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 15-796 Version: 1 130 South Main Street Lake Elsinore, CA 92530 wwa.lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 1012212015 CITY OF ^ LAKELSII`'OKI DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: Approval of Final Map 31920-16 Recommendations 1. Approve Final Map 31920-16 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-16, City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background The proposed Final Map 31920-16 consists of 9.8 acres, that includes 53 residential lots and three (3) lettered landscaping lots in the Summerly project located west of Mission Trail and south of Hidden Trail. The proposed streets will be public, and the landscaping maintenance will be provided by the HOA. All future improvements have been secured through the agreement and posting of surety. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-1. Fiscal Impact Public improvements are to be constructed by the developer. The posted surety guarantees completion of the public improvements related to the subdivision map. Final Map 31920-16 October 27, 2015 Page 2 of 2 Prepared by: Approved by Approved by: Attachment: Dina Purvis Senior Engineering Technician Jim Smith, P.E. Interim Public Works Director Grant Yates City Manager Vicinity Map Final Map Index VICINITY MAP Project Area IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT NO. 31920-16 WINC, n suommveN or 101 1/ nT rand mo. Sl9fu I PER Icor FILED 1N Boon CA or VAVS. Al PALS 41 meoocH 51. wcwsvc RECORDS Of (OVIRO)c COUNIv cnuPoaNln VM ',ON MIKAMI LORPOIPA DOD! RICHARD A TrUCAULT P.L.S. 1418 II\IIDEX "HLLI Ill SY¢p z .1 ooUNMm k ..L.F rt NRIES ALL/ R, mncr no_ m9za-I jf / 4 l' N LOT AC TRACT 00 11110-I /.j \ EOi IS —" SHEET �� % \ 111A(L J0 (p 1 V T11 111/11 St n�,0 "E ,� ems'•\ I� \ <� Eor D Ss IF -- E q� _ I/ p,4N 28 07 py 52 SHEEF 5-" e _ — 51 Ir 24 \ \ 32 30 50 IRAc1 N1 10920 -� V 14 _ 77 4 37 4 _ s �" 33 � 49 ON 34 9 / �a _ r \ 35 Bon b A>s��� o \�r r/ 48 I r 5 45 F 44 IC SHEET 6 43 sa 37 R", N, 9zRss,1 � I.-"„ � l -- I 20 2I 42 40 `C/I, M6ADOiP Ir all le LAW 31920-1 I / E� I / lflNCf O. 31910- I I GRAPHIC SCALE 11N T SNEEI ] OT 1 111,1.15 EASEMENT NOTES: 10 .wr, AN F,OI.FNI roa vuauc unulr vursroses III.. EU rR 111E CITY Ll ,AHC 11111ANAE Q AN IASEIRNT TO NIF NNFE NOME ONNERS AS59CIMI(ON EOR WALL ,ANI IN 1 PI/RI'p56 ",',A", I'll., { oKl, Ih:7itl _ n .....:.:.:... Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 15-797 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 1012212015 CITY OF LADE LSINOIJE DREAM EXTREME, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: Approval of Final Map 31920-13 Recommendations 1. Approve Final Map 31920-13 subject to the City Engineer's acceptance as being true and correct. 2. City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map 31920-13. 3. City Council authorize the City Manager to sign the subdivision agreement in such form as approved by the City Engineer and City Attorney to secure completion of the public improvements. Background The proposed Final Map 31920-13 consists of 13.5 acres, that includes 64 residential lots and a lettered landscaping lot in the Summerly project located west of Mission Trail and south of Hidden Trail. The proposed streets will be public, and the landscaping maintenance will be provided by the HOA. All future improvements have been secured through the agreement and posting of surety. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 31920-1. Fiscal Impact Public improvements are to be constructed by the developer. The posted surety guarantees completion of the public improvements related to the subdivision map. Final Map 31920-13 October 27, 2015 Page 2 of 2 Prepared by Approved by: Approved by: Attachment: Dina Purvis Senior Engineering Technician Jim Smith, P.E. Interim Public Works Director Grant Yates City Manager Vicinity Map Final Map Index VICINITY MAP SHEET 471 SHEEiS IN THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIOE, STATE OF CALIFORNIA TRACT NO, 31920-13 BEING A EUBOMSION OF LOT 14 OF TRACT N0, 31920-1 PER MAP FlLED IN BOOK 394 Of MAPS, AT PACES 41 THROUGH 51, INCLUSIVE, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA WILSON MIKAMI CORPORATION SCOTT M. WILSON L.S. 7434 INDEX SHEET F- - - - - - - - - - - - 7 LOT 2 TRACT NO. 31920-1 M.Q. 394/41-51 LOT 32 TRACT NO 31920-1 M.O. 394141-51 EASEMENT NOTES: QI INOICATT AN EAPMENI FOP, PURLIC UPLNY PURPOSES OENCARD TO VIE OImOF LIFE ¢f/NURE. SEE O"T1 Z TGG PROTEE SM76WNI AND APD)FKNAL NOTARY AIXNOYAEOGEMENIS SCE SIIESI.I !GG 111..111 .1 d' IICAnI,.. AND IAONUMENI NDIES Pf FRIFTS I - T "I LAI DCIALLS SCE SHEET 7 FGG INF AND GVHR IARIFS SHEET 3 LOT 5 TRACT NO. 31920-1 M.B. 394/41-51 [SHEET 7 LOT 3 TRAC1'NO 31920-1 MB. 394/41-51 LOT 4 TRACT NO. 31920-1 M.B. 394/41-51 LOT 13 TRACT N0. 31920-1 M.O. J94147-51 Al b 3> \ • i/ R1R5 (���j i SRv 5> b i Isla � N to v GRAPHIC SCALE J I Incll. >NIIF, II rani. tillNlij,, Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 15-798 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 10/22/1015 C1"ry C)I rte,. LA E LSIN,01:E REPORT TO CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Grant Yates City Manager DATE: October 13, 2015 SUBJECT: Change Order for Professional Services Agreement with Environmental Science Associates for Preparation of CEQA Compliance Documents for the Walmart Supercenter Project Recommendation Authorize the City Manager to execute the First Amendment to the Professional Services Agreement with Environmental Science Associates for Preparation of CEQA Compliance Documents for the Walmart Supercenter Project in an amount not to exceed $20,000; in substantially the form attached and in such final form as approved by the City Attorney. Background The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The cost of preparing the environmental analysis is paid for by the project applicant (Applicant: Barry Linder, PE, Greenberg Farrow) through the application fee process. Discussion On December 10, 2013, the City entered into a Professional Services Agreement with Environmental Science Associates (ESA) to prepare the CEQA compliance documents for the Walmart Supercenter Project (Commercial Design Review No. 2013-08; Conditional Use Permit Nos. 2013-06, 2013-07, 2013-08 and 2013-09) in an amount not to exceed $196,485.00. CITY COUNCIL STAFF REPORT Professional Service Contract with ESA October 27, 2015 Page 2 of 2 Services provided by ESA to date have reached the maximum authorized under the previously executed agreement. However, as summarized in the attached ESA request for a budget modification, there have been several changes in the originally approved scope of work that have resulted in unanticipated costs and the need for a budget modification. In order to utilize ESA's expertise to complete the EIR process for the Walmart Supercenter project, an amendment to the December 10, 2013 Professional Services Agreement is required. The subject request would authorize the City Manager to execute an amendment of the agreement for an additional $20,000. Fiscal Impact The cost of preparing the environmental review will be paid by fees collected from the developer through the City's cost recovery program. All staff administrative time and consultant costs are paid from the applicant's fees. There is no cost to the City. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Attachments: 1. First Amendment to Agreement with ESA for Preparation of CEQA Documents 10-27-15 2. Agreement for Professional Services with ESA dated 12-10-13 3. ESA Request for Walmart Supercenter EIR Contract Budget Modification dated 8-27-15 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND ENVIRONMENTAL SCIENCE ASSOCIATES FOR PREPARATION OF CEQA COMPLIANCE DOCUMENTS FOR THE WALMART SUPERCENTER PROJECT THIS FIRST AMENDMENT is made and entered into as of October 27, 2015 by and between the City of Lake Elsinore ("City) a municipal corporation, and Environmental Science Associates ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On December 10, 2013 the City and Consultant entered into that certain agreement entitled "Agreement for Professional Services", in the amount of $196,000.00. b. The parties now desire to increase the payment for services in the amount of $20,000 and amend the Agreement as set forth in this Amendment. 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to pay Consultant a sum not to exceed a total of $20,000 (Twenty Thousand Dollars and no cents) for the First Amendment and bringing the total agreement amount to $216,000.00 (Two Hundred and Sixteen Thousand Dollars and No Cents). City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, tt set forth above, which date Agreement. CITY OF LAKE ELSINORE e Parties have executed this Agreement as of the day and year first shall be considered by the Parties to be the effective date of this CONSULTANT Grant Yates — City Manager Eric J. Ruby, Senior Vice President Environmental Science Associates Date: Date: Attest: Diana Giron, Acting City Clerk Date: Approved as to Form: Barbara Leibold, City Attorney Date: AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of this 10th day of December, 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Environmental Science Associates ("Consultant"). f3ANW,1W] A. City desires to retain Consultant to perform professional consulting services in connection with the preparation of California Environmental Quality Act (CEQA) compliance documents and Consultant desires to provide such professional consulting services and related work as set forth in this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terns and conditions described herein. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in the "Scope of Services" attached as Exhibit "A" and incorporated herein by reference. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue during such time as Consultant is performing services pursuant to this Agreement. The term of this Agreement shall not exceed three (3) years. 3. Compensation. Compensation to be paid to Consultant shall not exceed One Hundred and Ninety -Six Thousand Dollars ($196,000.00). Compensation shall be in accordance with the Fee Schedule attached to this Agreement as Exhibit "B" and incorporated by reference herein. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall be segregated by project task such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. Expenses shall be reimbursed at cost without an inflator or administrative charge. City staff shall review and approve invoices within 15 days of submittal or advise Consultant as to any disapproval within 15 days of submittal. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means work which is determined by City to be outside of the scope of the Scope of Services attached hereto as Exhibit "A". Consultant shall not perform Extra Work without written authorization from Prof Sery Agreement Esa112113 1 City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services attached hereto as Exhibit "A". 6. Termination. This Agreement maybe terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensinq of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement, but shall not include any license for the City's use of Consultant's proprietary software or other intellectual property ("Documents & Data"), Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant, except to the extent that Environmental Science Associates is legally required to divulge such information (e.g. pursuant to existing permits). Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed Prof Sew Agreemenl Es a 112113 confidential. Consultant shall not use City's name or insignia, photographs relating to services provided by Consultant or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. City hereby gives its permission for Consultant to include the City in Consultant's list of clients and description of services provided on its web site and other similar materials. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the Prof Sew Agreement Esa112113 performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services underthis Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of Consultant's negligent performance or willful misconduct under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. Prof Sev Agreement Esa112113 4 i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or otherform with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Unless approved by the City's Risk Manager, each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. Prof Sery Agreement Esa112113 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 bythe 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, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Environmental Science Associates Attn: Eric J. Ruby, Senior Vice President 9191 Towne Centre Drive, Suite 340 San Diego, CA 92122 Prof Sew Agreement Esa112113 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and..Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the Prof Sew Agreement Esa112113 dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by all parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the rightto rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity, Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Gram;/ es, City Manager Prof Sery Agreement Esa112113 ATTEST: } ML _ Virginia B�6om, Cit Jerk APPROVED AS TO Leibold, City Attorney "CONSULTANT" Environmental Science Associates, a California corporation d %.,..,, By: Eric J. Its: Senior Vice President Prof Sery Agreement Esa 112113 EXHIBIT "All section Scope of Services Because we have previously worked with the City of Lake Elsinore, we understand your concerns and needs, and are familiar with the potential issues that may arise. Project Approach The ESA project team will prepare the requisite environmental documentation (Environmental Impact Report) in accordance with the California Environmental Quality Act (CEQA) Statue (Public Resources Code 21000 — 21777), the CEQA Guidelines (CCR, Title 14, Division 6, Chapter 3, Section 15000-1537), as well as all current CEQA-related legislation and recent case law. The environmental analysis contained within the EIR will be prepared in an objective manner, based on accepted professional environmental planning practices and will be based upon the project description, alternatives developed and other project specific information provided by the City and the applicant. ESA has an overall environmental documentation approach that is collaborative, practical, and solutions - oriented. Our approach to preparing the EIR for the Walmart project rests largely on our exceptionally qualified team that have directly relevant experience preparing EIRs for the City of Lake Elsinore on a variety of project types, CEQA documentation for the County of Riverside and for big -box retail commercial projects, including Walmart stores. Due to the complicated technical and regulatory issues that typically accompany "big box" development projects, ESA's approach is to include staff with Walmart and other large commercial project experience, and we anticipate that legal review will be a part of the EIR process. ESA is experienced at working with lead agency and applicant legal teams while maintaining the objectivity expected of the City's environmental consultant. Our CEQA analysis approach incorporates methods that: Consider the comprehensive range of environmental impacts. g Recognize and, where appropriate, relate the environ- mental analysis to local resources and policy priorities (typically defined in General Plan policies and other ap- plicable plans). Rely on objective science -based judgment and formu- late feasible and effective mitigation measures. r, Incorporate schedule compression and cost -reduction strategies, including the use of existing available back- ground information and technical data whenever pos- sible, and staff that is knowledgeable about the City of Lake Elsinore and the surrounding project area. ESA staff typically assist the lead agency with the peer review of technical reports provided by the applicant's consultants, and we have the firsthand knowledge of what the City is looking for in terms of content, depth of material, and format for these technical studies. ESA has technical staff to review every technical study required for incorporation into the EIR, and do not propose to utilize sub consultants for any portion of the peer review work. Our approach is to utilize this in-house experience and expertise in providing excellent and efficient technical services to the City. Scope of Work The following scope of work has been prepared based upon review of the Request for Proposal (RFP) dated September 24, 2013, discussion with City of Lake Elsinore City of Lake L-Isincre - Wolman Retail Center Environmental Impact Repon E-1 section E Scope of Services ESA's Team will exceed the City's expectations by: - Utilizing our experience with other Walmart and big box retail commercial CEQA documentation project experience. - Having extensive and directly relevant City of Lake Elsinore and Riverside County project EIR experience provides for an efficient erIviroi mental document preparation process and allows for proactive anticipation of environmental issues. Planning staff, our experience with Walmart project EIRs, and our working knowledge of the City's CEQA process, Project Management Project management/coordination will occur throughout the duration of the EIR preparation and the public hearing process. We anticipate an average of approximately four hours per week for project management/coordination for the duration of the project. As with most EIAs, and particularly for important, highly visible projects, ESA strongly supports the public scoping meeting process. Although this project does not appear to fall under any of the categories of Projects of Statewide, Regional, or Area - wide Significance (CEQA Guidelines Section 15206), there is potential for controversy due to the potential urban decay and traffic impacts that may occur as a result of project implementation. Based on our big box project experience, conducting the scoping meeting and documenting the comments and issues of interested members of the public and public agencies regarding the proposed project lends an increased level of credibility to the project's environmental review process. The scoping meeting should be held within the 30 -day public review period for the Notice of Preparation (NOP)/ Initial Study. This effort will help demonstrate that the City has made every effort to solicit and address any concerns of the public or agencies concerns during preparation of the environmental document. Task 1 - Prepare Initial Study and Notice of Preparation Upon receipt of the Notice to Proceed, the ESA Project Manager will meet with City staff immediately to discuss the proposed project, including, but not limited to, the following: + Review and confirm project description information, pre- liminary plans and design specifications, phasing informa- tion, construction and operational details, existing relevant technical studies, and any other pertinent information. Identify and outline project objectives. Review project design features that could be incorporated into the project based on ESA's past experience on similar projects. u Identify parameters of any project alternatives. • Review projects to be used for cumulative analysis. • Refine the project schedule. • Site visit. A clear, precise and comprehensive project description is of paramount importance to assure project impacts will be accurately and fully analyzed pursuant to CEQA. This includes providing detail on the project's implementation schedule and phasing, infrastructure, circulation, and any off-site improvements, such as the extension of transmission lines that are required for implementation of the project. This is one area in particular where ESA's experience and knowledge of big box projects will be invaluable. Our familiarity in these areas will bring efficiency, expert information and critical thinking that will ultimately result in a smoother CEQA process, starting with a thorough and complete project description. In coordination with the City, ESA will prepare the project description based on the available project information, including, but not limited to the development applications, and ESA's experience with similar projects. The ESA team will prepare the Initial Study (IS)/Notice of Preparation (NOP), As required by CEQA and consistent with City format and guidelines, the IS/NOP will include a description of the project, figures (including a location map, site plan showing the project site boundary and access, existing zoning and General Plan land use designations, and any other pertinent project information), and the probable environmental effects of the proposed project. The IS/NOP will be based on the City's environmental checklist form, and written explanations to all checklist questions will clearly define the topics to be addressed in the EIR and which do not require further consideration. At this preliminary phase, we anticipate that all resource areas on the checklist, with the exception of Minerals will be analyzed in detail in the EIR. UUpon receipt of City comments on the Administrative Draft IS/NOP, ESA will revise as necessary, and provide City staff with a Draft IS/NOP for final review. Upon E-2 City of Lake Elsinore - Walmart Retail Center Environn u;ntal Impact Roport receipt of comments, ESA will revise the document and have copies prepared for distribution and publication. This will be based on our standard distribution procedures with the City. The resulting IS/NOP (as well as any comment letters received) will be made a part of the FIR by incorporating the document as an appendix. Deliverables and Task Assumptions D21iverable/Task Copies Format Recipient Administrative Draft 3 Microsoft City IS/NOP Word/PDF Draft IS/NOP (revi- 3 Microsoft City sions will be provided Word/PDF in underline/strike out format) 120 Printed Distribu- Final IS/NOP for public tion List review 1 Copy of City receipts Evidence of certified 1 Electronic City mailing of all required copies to State Ciear- inghouse and appli- cable agencies Task 2 - Peer Review of Technical Studies Peer Review Applicant Provided Technical Studies As requested in the RFP, ESA will peer review the focused technical reports to be provided by the project applicant. This will include urban decay analysis including fiscal impact analysis, noise impact analysis, air quality/health risk asseSSment/GHG, drainage/hydrology/water quality evaluation, traffic impact analysis and project renderings/ elevations. ESA will prepare a memorandum providing comments and proposed revisions, if necessary, for the technical studies. This scope assumes one round of comment to the provided technical studies. The analysis anticipated to be included in each of the studies is described below. Urban Decay/Economic Impact Analysis The technical report should identify and estimate the project's economic impacts and evaluate the potential for economic "blight" resulting from the project. While socioeconomic effects are not considered significant under CEQA, indirect changes in the environment resulting from such effects should be examined. The scope of work for the urban decay analysis will need to be based on the decision in Bakersfield Citizens for Local Control v. City of Bakersfield ( 124 Cal, App. 4th 1184). The urban decay analysis will need to estimate the current (and future) retail sales leakage that the proposed Walmart store may be expected to capture. Determining the nature and magnitude of any such "sales shift" from existing stores section E Scope of Services in the Lake Elsinore area to the proposed Walmart is central for evaluating the potential of the project to cause existing retail business closures that might result in increased urban decay within the Lake Elsinore area. The economic/urban decay analysis should include the following: d Identification of socioeconomic and demographic indicators. n Assessment current business activity, trends, real estate and economic development in the local area. • Evaluation of the primary competing business and other retail centers. Determination of the project's primary market area. Provision of a leakage analysis. Estimation of the project's annual retail sales increase G Estimation of the expected retail "sales shift" impacts to existing businesses. o Evaluation of the "urban decay" potential associated with the project. n Provision of a cumulative analysis. Noise Impact Analysis Implementation of the proposed project would result in an increase in noise levels at areas surrounding the project site during construction and operation. The technical report should evaluate the noise associated with construction and operation of the project, including required noise associated with heavy construction equipment, project traffic and delivery trucks. The project site is currently vacant and is surrounded by existing rural residential, commercial uses and State Highway 74. Noise -sensitive receptors in the Project vicinity include sparsely located single-family residences that may be adversely impacted by increased noise levels during project construction and operation. Over the long-term, the project could affect noise levels as the result of operation of HVAC equipment, loading docks, and traffic generation on local roadways. The acoustics study should provide a description of impacts pursuant to City CEQA thresholds and the City zoning ordinance related to noise. As part of the peer review of the Noise technical study for the project, ESA will evaluate the proposed impact assessment methodology, identified construction and operational noise impacts on the surrounding and nearby sensitive uses resulting from the proposed project and review any necessary mitigation measures to minimize the identified noise impacts on these receptors for effectiveness. Air Quality/Greenhouse Gas Emissions The project site is located within the South Coast Air Basin, under the jurisdiction of the South Coast Air Quality Management District (SCAQMD) Site preparation and construction activities associated with the proposed commercial would result in short - City of Lake Lisinorc - Walmart Retail Center Environmental hripact Repon F-3 section E Scope of Services term temporary emissions of criteria air pollutants (such as particulate matter) and ozone precursors. Operation of the new on-site facilities would generate long-term emissions of criteria air pollutants and ozone precursors from natural gas consumption, application of architectural coatings, area sources, and vehicle trips to and from the facilities. Thus, the project, when added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the Basin. The air quality study should present the baseline air quality information, consisting of a description of the climate and meteorological conditions in the project area, applicable federal and state ambient air quality standards, existing local and regional air quality, and an overview of the applicable federal, state, and local regulatory setting. A quantitative analysis of the potential air quality emissions generated by the proposed project should be presented, including emissions associated with construction (i.e., on-site construction equipment, fugitive dust, and off-site vehicle trips) and long-term operational emissions (i.e., natural gas consumption, area sources, and vehicle trips by employees, customers, and deliveries to and from the site). The health risk assessment will be reviewed for conformance with State requirements. It is anticipated that a GHG analysis will provide a discussion of climate change, including the current state of climate change science and GHG emissions sources in California, and an overview of the applicable federal, state, and local policies and regulations as they pertain to the proposed project. Emissions of GHGs, primarily carbon dioxide (CO2), methane (Cl and nitrous oxide (N20) resulting from construction and operation of the proposed project will need to be quantified. Furthermore, an assessment of the project's consistency with the California Air Resources Board's (CARB's) Climate Change Scoping Plan will need to be performed to determine whether the project is consistent with the goals of AB 32. Traffic Impact Analysis Implementation of the proposed Walmart project would result in both short-term construction related trips, as well as operational trips related to customers, employees, and deliveries. The traffic study should provide existing conditions related to morning and evening peak hour traffic at intersections and roadways in the project vicinity, and a description of traffic generated from the project, including: u Construction project trip generation, including pas- senger car and heavy truck trips. Operational project trip generation, including custom- er, employee and deliveries. Cumulative No Project Condition, including traffic from all reasonably foreseeable projects in the area. Cumulative Plus Project Conditions that represents the cumulative scenario presented above plus those trips generated by the project. The project's location adjacent to State Highway 74 will require close coordination with Caltrans. The City of Lake Elsinore significance criteria should be used to identify significant project impacts. All feasible measures to mitigate project impacts should be identified, as appropriate. For cumulative impacts, appropriate fair share contributions may need to be identified based on traffic generated by the project. Hydrology/ Drainage/Water Quality Study The project site currently consists of undeveloped pervious land. The project would convert a large portion of this area to impervious surfaces. The hydrology/ flood technical study for the proposed project should characterize existing hydrologic conditions, including climate data, precipitation and flood frequency data, FEMA floodplain mapping for the area, soils descriptions and erosion potential, watershed descriptions, surface drainage and geomorphic features, and groundwater conditions. The hydrology study should determine both the pre -development and post -development depths and velocities across the areas studied and quantify project -related impacts specific to increases in flood distribution, runoff yield, and flow rates. The report should determine the project -related impacts to the flood hazard environment, Proposed water quality treatment facilities, both active and passive, should be clearly depicted in the project's WQMP and the effectiveness of said facilities documented.. Task 3 - Prepare Administrative Draft and Draft Environmental Impact Report ESA will prepare an Administrative Draft FIR for review by City staff. The Administrative Draft EIR will include all CEQA required sections as refined during the scoping process, and be consistent with the City of Lake Elsinore format guidelines. The following outline provides the proposed organization of the Draft EIR: F.-4 City of I-al�e Elsinore - Walmart Retail Center Lnviionrnental Impact Report Chapter 1.0 - Executive Summary: The Executive Summary is intended to encapsulate the entire Draft EIR in order to provide a quick understanding of the project's potential impacts and mitigation measures. It will provide an overview of the proposed project under consideration and its objectives. The Executive Summary will briefly discuss the environmental impacts associated with project implementation (whether beneficial or adverse, significant as well as less than significant), and will contain a summary analysis of the alternatives to the proposed project. It will contain a concise table summary of all project impacts and mitigation measures. Chapter 2.0 - Introduction: The introduction will include an overview of the CEQA and EIR processes, a summary of comments received on the IS/NOP, and an overview of the primary documents used in preparation of the Draft EIR. Chapter 3.0 - Project Description: This chapter will provide a description of the proposed project as it was developed in Task 1. The project description will detail the construction and operational components of the project. It will document any design features that would minimize potentially significant impacts. It will identify project objectives, establish the environmental setting, and provide information on cumulative projects. Chapter 4.0 - Environmental Impact Analysis: This chapter will present the bulk of the EIR, and contain the direct, indirect, and cumulative impact assessments for all issue areas determined to be potentially effected in the NOP/IS. As described in Task 2, this scope of work assumes that all sections with the exception of Minerals and Recreation will be included in the Draft EIR. This chapter will incorporate information provided in the approved technical studies as described in Task 3. It will contain clear, concise, and substantiated impact conclusions for all areas, and identify mitigation measures where appropriate. In addition, a separate subsection will be developed to include all project design features and standard city conditions which will help to reduce project impacts, prior to the application of additional mitigation measures. This will keep mitigation measures focused on only those areas that needs additional mitigation above and beyond that provided by the project design features and standard city conditions. It will contain quantitative data where appropriate and available, and qualitative discussion where necessary. Chapter 5.0 - Consequences of Project Implementation: This chapter will identify in a text and table format those areas of the EIR where significant environmental effects that cannot be avoided would occur, if any. It will also include an analysis of growth inducement impacts based on employment that would be provided by the project. Chapter 6.0 - Alternatives: ESA will work with City staff to define up to two project alternatives, as well as the No Project alternative to be evaluated comparatively in this chapter of the EIR. It will include a discussion on how section E Scope of Services alternatives were established, and which if any, were rejected from further consideration. The alternatives analysis will go through each issue area and provide a summary conclusion for each, in a user-friendly table format. Chapter 7.0 - Organizations and Persons Contacted: ESA will provide a list of all federal, state, and local agencies that were contacted as pari of the FIR process. Chapter 8.0 - List of Preparers: This chapter will identify the City and consultant staff that were responsible for preparation of the EIR. Chapter 9.0 - Bibliography: This will contain a thorough and fact -checked listing of all resources, websites, documents, and personal communications used to prepare the EIR. ESA will provide PDF copies of all reference material, including website materials to the city for use in assembling the administrative record. Upon completion of the Administrative Draft EIR, ESA will submit the document to the City for review and comment. ESA will distribute the Draft EIR for the mandatory 45 day public review period, and will coordinate notices and mailings. Deliverables and Task Assumption Deliverable/Task Copies - Format- Administrative 15 bound cop- Microsoft Word/ Draft FIR ies, 1 reproduc- PDF ible original Draft EIR 15 bound cop- Microsoft Word/ ies, 1 reproduc- PDF ible original Executive Sum- 16 bound cop- Microsoft Word/ mary of Draft ies, 1 reproduc- PDF EIR ible original Task 4 - Prepare Administrative Final EIR and Mitigation Monitoring Reporting Program Subsequent to receipt of all public comments on the Draft EIR at the conclusion of the 45 day public review period, lead agency review and comment on the Administrative Draft EIR, ESA will prepare an Administrative Final FIR and Mitigation Monitoring Reporting Program incorporating responses to comments and the City's review comments. ESA assumes that edits will be minimal due to early consultation with the City and discussion of technical reports. The revised document will be provided in a consolidated track changes word version. City of I ake Elsinore - Walniart Retail Center Environmental Impact Report E-5 section E Scope of Services Deliverables and Task Assumption Deliverable/Task Copies Format Administrative Draft 5 bound Microsoft Word/ Response to Com- copies, 1 PDF ments reproducible Final Findings original Microsoft Word/ Administrative Draft 5 bound Microsoft Word/ Mitigation Monitor- copies, 1 PDF ing and Reporting reproducible Program original Task 5 — Prepare and Distribute Final EIR ESA will prepare an Administrative Final EIR containing responses to comments and any revisions to the Draft EIR text where necessary. Public reaction to the Draft EIR is unknown at this time. It is assumed that a maximum of 15 public agency comment letters will be received on the Draft EIR with no more than 20 individual public comment letters, in the event that the public comments on the Draft EIR are greater than expect- ed, ESA will meet with the City to adjust the work program/ budget as necessary. ESA has also allowed additional time for preparation of re- sponses to comments received late in the process after the close of the public review period and in response to issues raised during the public hearing process. We assume that up to 10 late comment letters and up to 35 public hear- ing commentators will require responses to comments and incorporation into the final EIR. ESA will submit the Final EIR to Draft EIR commentators, pursuant to CEQA requirements. Deliverables and Task Assumption Product/TasK- Copies ' -Format-- Final EIR 15 bound cop- Microsoft Word/ Finding of Fact ies, 1 reproduc- PDF ible original Task 6 - Findings of Facts In the event that the EIR concludes that significant unavoidable impacts would occur as a result of the project, and the City determines the impacts would be acceptable in light of the overall benefits of the project, ESA will draft the Findings of Fact and Statement of Overriding Considerations for the proposed project in consultation with the City's legal counsel pursuant to Sections 15091 and 15093 of the CEQA Guidelines, For each significant effect identified in the FIR, the Findings of Fact will identify! * Measures incorporated into the project that will avoid or substantially diminish the effect. n A statement that the City lacks the jurisdiction to make the changes, but that another agency does have the authority. m Legal, economic, social, technological or other considerations that make the mitigation measures or project alternatives identified in the EIR infeasible. ESA will use a Findings and Overrides format approved by the City and will submit the draft, prior to the final hearings on the Final EIR. ESA will also send the Notice of Determination to the State Clearinghouse and City Clerk. Deliverables and Task Assumption ProducVrask Copies --Format Administrative 3 bound copies, Microsoft Word/ Finding of Fact 1 reproducible PDF original Final Findings 15 bound copies, Microsoft Word/ of Fact 1 reproducible PDF original Task 7 - Meeting Attendance Planning Commission and City Council Hearing ESA project management staff will conduct and attend a project kickoff meeting, one project scoping meeting, a minimum of four public hearings at the Planning Commission and City Council, and up to ten meetings with City staff for the project. Environmental Issue Areas Based on our knowledge of the project area and CEQA requirements, we propose to address the following issues Draft EIR: Aesthetics The project site is located in a developing area of the City of Lake Elsinore and is currently open space with a wind row of mature eucalyptus trees adjacent to rural residential and commercial land sues. Based on our preliminary review, there are no officially designated federal, state, or local scenic vistas, nor any officially designated "scenic highways" within the viewshed, as specifically considered in CEQA criteria. ESA will prepare a visual impact assessment and will utilize applicant prepared renderings and elevations to depict post development aesthetic conditions. An evaluation of nigh lighting impacts will be included. This subject will be addressed further in the Aesthetics section of the Draft EIR document. Air Quality / Greenhouse Gases The project involves construction and maintenance of E-6 City of Lake Elsinore - Walmad Retail Center Environmental Impact Report a big box commercial retail center, which would result in an increase in criteria air pollutants for the area. The project site is located in the SCAB and is under the jurisdiction of the SCAQMD. Portion of the SCAB are designated as a nonattainment area for federal and State ozone and respirable particulate matter (PM10-) standards and the federal fine particulate matter (PM2.5) standards. Construction activities associated with the project could generate substantial, although temporary, emissions of criteria air pollutants, such as PM10 and PM2.5, and ozone precursors (reactive organic gases [ROG] and oxides of nitrogen [NOX) that exceed ICAPCD's established thresholds of significance in the short-term. Emissions sources during project construction would include off-road construction equipment, vendor and worker trips, and site disturbance. These new emissions, added to existing sources of air pollution and cumulative development planned for the area, could contribute to the degraded air quality within the SCAB. Operational emissions are anticipated to be nominal, since the facility will be remotely controlled and no employees will be based at the project site. The potential for greenhouse gas (GHG) emissions from the proposed project to significantly contribute to global climate change will be discussed relative to the recently adopted amendments to the CEQA Guidelines. Other resources that will be utilized in project analysis include the latest Technical Advisory published by the California Office of Planning and Research and the CEQA & Climate Change publication of the California Air Pollution Control Officers Association. GHG thresholds of significance are currently being developed by various California air districts, which are considering a variety of different thresholds. The proposed project could generate GHG emissions during construction and operations. GHG emissions during operations are anticipated to be nominal, since the facility will be remotely controlled and no employees will be based at the project site. Project -related GHG emissions will be calculated in an inventory and a determination of significance relative to these emissions will be made based on proposed thresholds under consideration. To date, the California Air Resources Board (GARB) has not given explicit instructions regarding thresholds for construction emissions. section E Scope of Services However, in December 2008, the South Coast Air Quality Management District adopted a methodology for determining whether or not GHG emissions from industrial projects would be significant, which includes more guidance related to construction emissions. Under this methodology, construction emissions are amortized over the life of a project (estimated to be 30 years), added to the operational emissions, and compared to the interim GHG significance threshold. Biological Resources The project site is currently highly disturbed open space and has historically been used for agricultural production. An onsite ephemeral drainage and a mature stand of wind row eucalyptus trees may provide roosting habitat for raptors. ESA will prepare a Biological Resources Technical Report for incorporation into the Draft EIR. The section will include the following information in order to ensure the EIR analysis is legally adequate: - A field survey to characterize the vegetation and wild- life habitat in the project area to identify the potential for special -status species, jurisdictional waters/wet- lands and other sensitive biological resources, includ- ing wildlife movement corridors, to be present on-site. The requirements for any protocol surveys for special - status species, - Distribution and abundance of biological resources on-site — observed or expected. - Document compliance with historic and recent habitat management plans (MSHCP) within the area. - Evaluate ecology, behavior, and habitat requirements, and habitat quality. Identify operational impacts and cumulative impacts and discuss the potential for project development to adversely affect biological resources. - Identify feasible measures to mitigate the adverse impacts of the project on biological resources that are identified in the analysis. Mitigation measures will be developed in consultation with the City as appropri- ate. An optional focused Burrowing Owl protocol sur- vey can be conducted by ESA if required by the city and not completed by the applicant's con- sultant team. This survey will follow established survey protocol (4 site visits during the spring season) and results will be incorporated into the biological resources section of the EIR. Cultural Resources It is anticipated that due to the type of project, no large scale grading will be required, but some compaction and trenching will occur and minimal impacts to cultural resources may result. ESA will prepare a Cultural Resources Technical Report. The following tasks will City of I. ake Elsinore - Walmait Retail Center Environmental Impact Repon E-7 section G Scope of Services be completed to evaluate the potential cultural resource impacts in the EIR: - A comprehensive cultural resources context that provides information pertinent to the prehistory, history, and geo- logic background of the project area. . Results of archival research including: (1) a cultural resources records search at the Southeast Information Center that identifies the presence of previous cultural resources investigations and previously recorded cultural resources within the project area or within the immediate vicinity; and (2) a paleontological records check con- ducted Natural History Museum that identifies previously documented fossil locales within the project vicinity. - Methods and results of cultural resources field reconnais- sance of the project area, including Department of Parks and Recreation 523 forms for any resources encountered during the survey. A significance evaluation (applying the eligibility criteria outlined for listing in the California Register of Historical Resources or pertinent local listing) of any known resourc- es identified as a result of the cultural resources survey. Recommendations addressing the likelihood of encoun- tering unknown buried or otherwise obscured cultural resources as a result of project construction. Identify project impacts and cumulative impacts and discuss the potential for project development to adversely affect cultural resources. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project on cultural resources that are identified in the analysis. Mitigation measures will be developed in consultation with the City as appropriate. Geology and Soils Analysis The project site could potentially be subject to seismic hazards, be located on a geologic unit that is unstable or has the potential to become unstable, or result in erosion or loss of top soil. The following tasks will be completed to evaluate the potential geologic resource impacts in the EIR Summarize the geology/soils characterization of the project site. This summary will include the following information in order to ensure the EIR analysis is legally adequate: - Geologic setting of the project area, including bedrock types, structures, geologic history, physio- graphic province, active or potentially active earth- quake faults; anticipated erosion and sedimentation during construction; and feasible mitigation mea- sures, if required. - Geotechnical hazards and potential project effects on existing proximal groundwater basin character- istics. - Determination whether the proposed project is fea- sible on the project site from a geotechnical stand- point. * Determine impacts that could occur as a result of the proposed project. a Identify cumulative impacts and discuss the potential for cumulative development to adversely affect geological resources or soils. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project asso- ciated with geological resources that are identified in the analysis. Mitigation measures will be devel- oped in consultation with the City as appropriate. Energy Conservation Pursuant to Appendix F of the CEQA Guidelines, an Energy Conservation section/discussion will be incorporated into the EIR. The energy implications and potentially significant energy impacts associated with the project will be documented, including effects on the local and regional energy supply, distribution and proposed energy conservation measures. The total energy demand associated with the project will be documented and any additional energy conservation measures will be identified. Hazards/Public Health and Safety ESA will evaluate potential hazards to, and as a result of, implementation of the proposed project. It is not anticipated that the proposed project would generate industrial wastes or toxic substances during operation. The findings of this report will be incorporated into the Hazardous Materials analysis of the EIR to determine potential impacts from past releases that may have occurred on the site or up gradient of the site. The following tasks will be completed to evaluate the potential hazards impacts in the EIR: d Review of available Phase 1 Environmental As- sessments. A Summarize applicable federal, state, and local hazardous waste regulations as they pertain to the proposed project and project area. Summarize existing hazard Information as it pertains to the proposed project site. n The findings of hazardous materials search will be incorporated into the Hazardous Materials L-8 City of t-ake Elsinore - Walman Retail Center Environmental Impact Report analysis of the EIR to determine potential impacts from past releases that may have occurred on the site or up gradient of the site. Identify cumulative impacts and discuss the po- tential for cumulative development and the impact from hazardous materials. Identify practical, feasible and clear measures to mitigate the adverse impacts of the project associ- ated with hazards that are identified in the analysis. Mitigation measures will be developed in consulta- tion with the City as appropriate. Land Use The project site is surrounded by rural residential and commercial development, and is adjacent to State Highway 74. The proposed project may be incompatible with existing or planned surrounding land uses although it is consistent with onsite general plan land use designations and relevant zoning. The following tasks will be completed to evaluate the potential land use impacts in the EIR: w Identify and map existing land uses, general plan and zoning designations, on and surrounding the project site. Data sources will include the City's General Plan, zoning maps, and an existing land use survey conducted by the ESA team of the sur- rounding area. ^ Discuss the relationship of existing and proposed uses of the site with existing and planned uses of surrounding properties. Discuss consistency with the City General Plan, zoning and other relevant planning programs. * Discuss cumulative development (approved and planned projects) in the vicinity of the project. F Identify any inconsistencies with local or regional land use policies, and recommend mitigation mea- sures to improve compliance with local land use policies. Recreation Because the project is not located within a recreational area and would not affect recreational opportunities, this issue is not considered a key environmental topic for this project and it is anticipated this topic can be excluded from further analysis in the EIR during the initial study phase for the project. Population and Housing Because the proposed project would not directly result in new residential housing, it would not generate addition residential population, although demand for housing opportunities from project employees could increase. In addition, the project site does not currently include any housing and therefore would not displace housing or people necessitating the construction of replacement section E Scope of Services housing. Therefore, this issue is not considered a key environmental topic for this project and it is anticipated this topic can be excluded from further analysis in the EIR during the initial study phase for the project. Public Services Because the proposed project would result in new commercial uses, it would generate increased demand on fire protection, police protection, or other public facilities. Indirect impacts to schools and parks are not expected to be identified as potentially significant. Therefore, these portions of this public service issues are considered a key environmental topic for this project and it is anticipated this topic will be evaluated in the EIR. Utilities and Services The proposed project is not expected to require large quantities of potable water or create large quantities of wastewater. EVMWD provides both potable water service and wastewater treatment to the project area. Solid waste disposal is provided by C&R Disposal Services. These issues will be described and analyzed in the EIR commensurate to the potential for the project to cause impacts to utilities and services. SB -18 Tribal Consultation Because the project would not entail a General Plan Amendment we do not believe a SB -18 Tribal Consultation is necessary. Schedule We understand that timely completion of CEQA compliance documentation (notice to proceed through certification of the Final EIR) will be of key importance to the City. The total overall proposed schedule for the EIR is 10 months from initial kickoff to Final EIR certification. This assumes some overlap on tasks for efficiency. Figure 3-1 on the following page, shows the proposed work schedule and key milestones starting at the project kickoff and ending with the City Planning Commission public hearing. City of Lake Eisinore - Wali an Retail Center Environmental Impact I9cport E-9 section G Scope of Services p- 1.1� 1;lr� Figure 3-1 Proposed Schedule carr, of inky Ele"Ou" -t., Walmal Mall Centel OR MO nlll 1 2 3 4 5 6 ] 6 9 10 TASK I Proiecl Infolon(Kickoll Meeting and Project Description) KlCkeif Fdeeinop Preparation of Prefect Desciij,nod and Afleor 0 vcnk) - - ... 2 Prepare and Distribute Initial Slnrdy/Node¢ of Preparation Prepare Notice of Preparaironllnilul Study(S leeks) —.na_..uv Circoaftyl of Notice of PeparaliOolloidial Study(30Cdys) - - -- - - vsad'+-'r '.. 3 Tr:elmieat Reports Prepare Rielopi,ad and Coll nal Resource Study `4 weeks) Prepare Peer review Tecendical Studies(! weeks! - rawc 4 Firat Round Administrative Draft OR _ Prepare Plrsl Round Administrative Peau ON fb weeks) City Review f45 days! 5 Second Round Admimstralivo Draft FON Prepare Second Round Adedentfalioe Draft ON J1 week) City Review(3odaysl 6 Pabltc Review Dran ON and Dialri0ulion Prepare Public review Dealt CIA and Corn, (I l.ck . Pubac Review 145days) l Atlntinislralive Draft Final EIR and Reeponen to Comments Prepare Administrative, Call Final EIN and Response to Comments (2 weoS) City iteviem (2 rveeks) 8 Prepare Draft Mildgalion Monitoring and littering Pfaliam(I day) 0 Prepare and Disiribule rival ON and Raiment le Comments (f week) - 10 Prepare Draft Findings of fact and Stalemenl of OveniffinA Considnatmns P day) - - 11Attend Public Heading (Ydays) _. _._.... .. _. E-10 City of Lake Elsinore - Walmart Retail Center Environmental Impact Report 4 }'Jai F! EXHIBIT "B" section H Cost Proposal ESA's proposed budget outline all estimated costs to prepare and distribute the CEQA document, including administrative costs, graphics, reprographics and mailings. ESA utilizes an integrated Deltek project accounting system to track project activity/costs and ensure that the proposed scope of work is completed on time and within budget. Deltek allows for real time accounting and finan- cial information to be provided to ESA's project manag- ers, ESA also utilizes a Project Director/Project Manager/ Quality Assurance/Quality Control system to ensure that project deliverables are of the highest possible quality and meet clients needs and expectations. ESA's proposed budget is provided in a milestone break- down as directed by the City. This budget is inclusive of all labor, administrative costs, EIR production needs, and travel, and is on a time and materials , not to exceed basis. The milestones have been expanded slightly, based on our experience with City of lake Elsinore EIRs, to cap- ture additional critical path project milestones. No City of Lake Elsinore EIR Milestone Cost 1. Prepare IS/Notice of Preparation $17,440 2. Peer Review of Technical Studies $24,450 3. Prepare Administrative Draft and Draft EIR $96,405 4, Prepare Administrative Final EIR and MMRP $28,000 5. Prepare and Distribute Final EIR $2,250 6. Findings of Fact $3,665 7. Meeting Attendance $11,060 Non -Labor Expenses (mileage, printing, postage, etc.) $8,230 Total $191,500 Optional Task - Burrowing Owl Survey $4,500 ENVIRONMENTAL SCIENCE ASSOCIATES & SUB- SIDIARIES 2013 SCHEDULE OF FEES Personnel Category Rates Charges will be made at the category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the category rate times 1.5. Labor Category Level I Level 11 Level III Senior Director 225 240 255 Director 190 205 215 Managing Associate 155 170 185 Senior Associate 130 140 150 Associate 95 110 120 Project Technicians 75 90 110 (a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates. City of Lake Elsinore - Walmad Retail Center Environmental Impact Repo4t 11-1 section H Cost Proposal (c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs. II. ESA Expenses A. Travel Expenses 1. Transportation a. Company vehicle - IRS mileage reimbursement rate Is. Common carrier or car rental - actual 2. Lodging, meals and related travel expenses - direct expenses B. Printing/Reproduction Rates Item Rate/Page 8 1/2 x 11 b/w $0.05 11 x 17 b/w $0.10 8 1/2 x 11 color $1.00 11 x 17 color $1.50 Covers $0.50 Binding $1.00 HP Plotter $25.00 CD $10.00 Digital Photography $20.00 (up to 50 images) Ill. Subcontracts Subcontract services will be invoiced at cost IV. Other There shall be added to all charges set forth above amounts equal to any applicable sales or use taxes legally levied in lieu thereof, now or hereinafter im- posed under the authority of a federal, state, or local taxing jurisdiction. 11-2 City or Lake Elsinore - Wali art Retail Center Environmental Impact neport section H Cost Proposal PRICING PROPOSAL -twee Elsinore wain n l Ern Con P.pe'S lSr,In1w MUIIn tlFycnso5emmaiy eMounee ee�eo<e.wx•..n Rouu Gnrn�P�..or.....u,w.,n Go., n.o City of Lake Elsinore - Walmart Retail Cantor 1-nvironmental Impact Report 1-1-3 E MEIff �® TWIN �Mw= ® ® ®C=MMM®C� eMounee ee�eo<e.wx•..n Rouu Gnrn�P�..or.....u,w.,n Go., n.o City of Lake Elsinore - Walmart Retail Cantor 1-nvironmental Impact Report 1-1-3 acoWa® OF LIABILITY INSURANCE 12rzrzDl3 _CERTIFICATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERfS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsoment s . PRODUCER Woodruff -Sawyer $, CO. F �0 California Street, Floor 12 San Francisco CA 94111 CONTACT _NAME: �rsNDllB_e9LfeCa rowne _._....___ PHONE LAK --iwF,n:41`z-391-2.79-1 -.__.. ac No1;41_,z9�2323—__._.. AooREssvoortef�lusa�ll.e.@W.aRBdGO_C4m _ _..__.,._,.._ INSURE�LAFPOROING COVERAGE _ NAICN_ GENERAL LIABILITY INSURERA:GIeflD4Y1.971-IDSS1CaflGE.Sv4D]p�Jly—__. _ 2322.._.._____ ECOM336710 INSURED ENVISCI-01 INSURER R _- ._XI._SR@GJattYNBSU�ttse EACH OCCURRENCE INSURER C: Environmental Science Associates 550 KearnyStreet, Ste 800 San Francisco CA 94108 INSURERD; �- --S ------ -- - INSURERE: INSURER F: COMMERCIAL GENERAL LIABILITY COVERAGES CERTIFICATE NUMBER: 7RRe7ao1R REVISION NUMBER: DATE 1MMIDOTYYYY) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE AD ,WDR D POLICY NUMBER POLICY EFF FOLIC YY POLICYEXP MMIDDr/YXP LIMITS A GENERAL LIABILITY Y Y ECOM336710 W/2013 /1/2014 EACH OCCURRENCE $1,000,000 X PAMA�O . COMMERCIAL GENERAL LIABILITY edcum PREMISS (E wns J 81000000 lCLAIMS MADE IX_J OCCUR MED EXP (Any ono pm on) X Contractual Lob PERSONAL a ADV INJURY $1000000 _ X slop, Cap _ GE NERAL AGGREGATE $2000000 _ PRODUCTS - COMP/OP AGG S220000000 GEN'L AGGREGATE LIMIT APPLIES PER: jf, POLICY x rap- LOC q' �'� B AUTOMOBILE _..._ LIABILITY Y AECO01336510 1 0013 /1/2014 _lEq moddem9_ OOD,000_ X ANYAUTO 60DiLYINJURY(Pmpomen) S -� ALL OWNED --� SCHEDULED AUTOS AUTOS G Cji ,� {t °yr4 $°3 - BODILYINJURY(Polm"0on0 ------"—""--'--' S X X NON -OWNED F«�1fr3 PROPERTY DAMAGE _ HIREU AUTOS AUTOS S X $5,000 Ded. $ UMBRELLA LIAR LIAR OCCUR ..✓ t � f—. stiff9-(Y..rt'. EACH OCCURRENCE S E%CESS _ CIAIMS MADE 1'••F.••i-I♦ Y t„ - r� p AGGREGATE__ 8__ -• DED RETENTIONS _ 5 B WORKERS COMPENSATION Y EC00133J410 /1/2013 /112014 X WCSTATU- OTH AND EMPLOYERS' LIABILITY YIN ORYLIMr _ER ANY PROPRIETORIPARTNERIEXECUTIVE EL. EACH ACCIDENT $i.000,0ao_ OPFICERRAEMBER EXCLUDED'? ❑ NIA - E.L. DISEASE BA IiMPLOVE ---- 51,000,000 (Mandnton'InBE) II yna, Mscnbe under F.L. DISEASE -POLICY LIMIT 51,000,000 DESCRIPI' ION OF OPERATIONS helpw A Professional Liability EC001335810 1/112013 /1/2014 Fa. Occurrence: $1,000,000 C.v. A. Claims Meda Aggregate: $1,000,000 Retro Dale: 10/1/89 Retention: $100,000 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ARech ACORD 101, Addiilonal Remarks Schedule, If more specs is required) P130767.00; City of Lake Elsinore Preparation of an El for Walmart Retail Center. The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers are named additional insureds on General Liability and Auto Liability coverages per endorsements CG 2010 07 04, CG 2037 07 04 and XIC 411 1007 attached. Coverage is primary and non-contributory per endorsement XIL 424 06 05 attached, Separation of Insureds is included in the policy contract. Waivers of Subrogation apply to GL, Auto and WC coverages per endorsements CG 24 04 05 09, CA 04 44 03 10 and WC 00 03 13 4 84 attached in favor of The City of Lake Elsinore, its elected or appointed officers, officials, employees, agents and volunteers. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER r`AurMl I ATH1M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Lake Elsinore ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager reserved. 130 South Main Street AUTHORIZED REPRESENTATIVE Lake Elsinore CA 92530 name and logo are registered CO 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010!05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: GECO01336710 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ Izati on(s: Locations Of Covered Operations ANY PERSON OR ORGANIZATION THAT YOU ARE Various REQUIRED IN A WRITTEN CONTRACT OR 1. All work, including materials, parts or equip WRITTEN AGREEMENT TO INCLUDE AS AN ment furnished in connection with such work, ADDITIONAL INSURED PROVIDED THE "BODILY on the project (other than service, mainte INJURY" OR "PROPERTY DAMAGE" OCCURS nance or repairs) to be performed by or on SUBSEQUENT TO THE EXECUTION OF THE behalf of the additional insured(s) at the Iota - WRITTEN CONTRACT OR WRITTEN AGREEMENT. tion of the Gov ered operations has been com - Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It — Who Is An Insured is amended to This insurance does not apply to "bodily injury" or include as a n additional insured the person(s) or "property damage" occurring after: organization(s) shown in the Schedule, but only 1. All work, including materials, parts or equip with respect to liability for "bodily injury", "property ment furnished in connection with such work, damage" or "personal and adv ertising injury" on the project (other than service, mainte caused, in whole or in part, by: nance or repairs) to be performed by or on 1. Your acts or omissions. or behalf of the additional insured(s) at the Iota - 2. The acts or omissions of those acting on your tion of the Gov ered operations has been com - behalf, pleled, or in the performance of your ongoing operations 2. That portion of "your work" out of which the for the additional insured(s) at the location(s) injury or damage arises has been put to its designated above. intended use by any pers on or organization other than another contractor or subcontrac for B. With respect to the insurance afforded to these engaged in performing operations for a principal additional insureds, the following addi tional exclu- as a part of the same project. sions apply: CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 UNIFORM POLICY NUMBER: GECO01336710 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Location And Description Of Completed Operations NY PERSON OR ORGANIZATION THAT YOU ARE Various EQUIRED IN A WRITTEN CONTRACT OR WRITTEN GREEMENT TO INCLUDE AS AN ADDITIONAL I,SURED PROVIDED THE "BODILY INJURY" OR 'PROPERTY DAMAGE" OCCURS SUBSEQUENT TO HE EXECUTION OF THE WRITTEN CONTRACT OR KITTEN AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include . as an additional insured the person(s) or or - ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your worK' at the location designated and described in the schedule of this endorsement performed for that ad ditional insured and included in the "products -completed operations hazard". CG 20 37 07 04 Copyright, ISO Properties, Inc., 2004 UNIFORM NAMED INSURED: Lnvironmcntal Science Asulciales POLICY NUMBER: AEC001336510 XIC 411 1007 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE= FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM A. LIABILITY COVERAGE, Who Is An Insured, Is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for 'bodily injury' or "property damage" otherwise covered under this Policy caused, in whole or in part, by the negligent acts or omissions of. 1. You, whiia using a covered "auto'; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto' with your permission; Provided that: a. The written contract is in effect during the policy period of this Policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or "property damage" for which liability coverage is sought; and c. Such person or organization is an "insured" solely to the extent required by the contract, but In no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this Policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this Policy be primary. All terms, conditions, exclusions and limitations of this Policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract, All other terms and conditions of this policy remain unchan ed, �4 (Authorized Representative) XIC 411 1007 O 2007, XL America, Inc. Page 1 of 1 Includes copyrighted malerial of Insurance. Office, Inc., with its remission. ENDORSEMENT #006 This endorsement, effective 12.01 a.m., January 1, 201 3 forms a part of Policy No. GEC0013367 10 issued to ENVIRONMENTAL SCIENCE ASSOCIATES by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART II is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance, carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XT 424 0605 ©, 2005, XL America, Inc. SPAT 01/06/2012 POLICY NUMBER: AECO01336510 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the prov inions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effectiv e on t he inception dale of the policy unless another dale is indicated below. Named Insured: ENVIRONMENTAL SCIENCE ASSOCIATES Endorsement Effective Date: January 1, 2013 SCHEDULE Name(s) Of Person(s) Or Organization (s); ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION, PROVIDED THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS SUBSEQUENT TO THE EXECU PION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT. Information required to complete this Schedule if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the S chedule, but only to the extent that subrogation is waiv ed prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 03 10 © Insurance Services Office, Inc., 2009 Page 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT TO WAIVE ANY RIGHT OF RECOVERY WE MAY HAVE AGAINST THE PERSON OR ORGANIZATION PROVIDED SUCH WAIVER IS PERMITTED BY LAW AND THE INJURY OCCURS SUBSEQUENT TO THE EXECUTION OF THE WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No:WEC00a337410 Endorsement No. nsured:Envi.ronmental Science Associates Insurance Company: XL Specialty Insurance Company Countersigned by tfat0 �r1%rkvt) Qne,rn� WC 00 03 13 (Ed. 4.84) 1983 National Council on Compensation Insurance <. l 550 West C Street w .esassoc. com Suite 750 San Diego, CA 92101 619.719.4200 phone 619.719.4201 fax August 27, 2015 Mr. Richard MacHott, Planning Manager City of Lake Elsinore Community Development Department Planning Division 130 South Main Street Lake Elsinore, CA 92530 RE. Request for Walrnart Supercenter EIR Contract Budget Modification Revised September 17, 2015 & Revised October 8, 2015 Dear Richard: Per our discussions, I have revised the request for EIR contract modification to include all of the labor and reimbursable costs through October 8, 2015. I have prepared this contract modification request for the Lake Elsinore Walmart Supercenter EIR. The original contract for this project was executed on December 10, 2013 and included a scope of work that has since been modified to accommodate the requirements of the applicant and the applicant's project team. To date, ESA has expended $198,885 of the total $196,000 contract, summarized as follows: Wahnart Supercenter EIR Project Budget Summary Several of the individual task budgets have been exceeded due to a variety of reasons and the remaining budget in future tasks is needed to complete those tasks. Task Budget Spent I ) Initial Study / NOP $ 17,440 $ 16,969 2) Peer Review & Tech Studies $ 24,450 $ 25,839 3) Draft EIR $ 96,405 $120,119 4) Final EIR/Findings $ 33,915 $ 2,130 5) Meetings $ 11,060 $ 26,977 6) Reimbursables $ 8,230 $ 6,851 7) Burrowing Owl Survey $ 4,500 $ 0 Total $196,000 $198,885 Several of the individual task budgets have been exceeded due to a variety of reasons and the remaining budget in future tasks is needed to complete those tasks. Mr. Richard MacHott September 17, 2015 Page 2 The following summarizes the reasons that additional work was required on Tasks 2, 3 and 5 for the Walmart Supercenter FIR: • The project and EIR were significantly delayed from their original start date in December of 2013 due to a variety of project design and process issues, requiring ESA to mobilize and demobilize on a few occasions. Based on the contract scope of work, the Final EIR was originally scheduled to be certified in October 2014. The project and associated EIR is currently approximately a year behind the original schedule. • The project description was revised to include two versions of the proposed site plan (Options A & B) and two versions (Options A & B) of the drainage solution that had to be evaluated and the results flowed through several sections of the Draft EIR. • Additional rounds of peer review were required on the various iterations of the technical studies prepared by the applicant's project team, including air quality, GHG, noise traffic, hydrology, site planning, urban decay and water quality. A substantial amount of additional coordination was required with the applicant's consulting team. • Mid -way through the process, the city retained a contract project manager (DMG) and outside CEQA Counsel (Ratan and Tucker) to assist with coordination with the applicant and their team, project environmental document review and processing. This team requested a substantial increase in the number and frequency of meetings and conference calls and dictated a new more aggressive preparation and processing schedule that required substantial additional work on ESA's part. As a result several additional rounds of Screencheck and Administrative reviews of the Draft EIR text, figures and notices were required. ESA understood the importance of meeting the established compressed schedule and deadlines and assigned appropriate resources to meet the established schedules. • A variety of modifications were made by the city's project management and legal team to the approach to impact analysis and mitigation measure development in both the applicant's teams technical studies, ESA prepared technical studies and the structure of the Screencheck, administrative draft and draft EIR, requiring ESA to revise the documents on several occasions. Substantial unanticipated interaction was required between the ESA team, the consulting project manager and legal counsel and various City departments to resolve certain environmental issues including drainage/hydrology, traffic and water supply issues. • 'file ultimate document size (over 5,000 pages including the appendix) and reproduction was much larger than anticipated in the original scope of work, resulting in additional costs. Mr. Richard MacHott September 17, 2015 Page 3 The following table summarizes the requested contract budget modification of $20,000, based upon the above outlined additional work that was required beyond the established scope of work and for additional anticipated meetings between today and the certification of the Final EIR: Proposed Walmart Supercenter EIR Project Budget Modification The new/additional Final EIR and public hearing scope of work assumptions outlined in the October 8, 2015 email from DMG Economics and the October 7, 2015 email fiom Rutan & Tucker are hereby incorporated by reference. Please contact the undersigned should you have any questions concerning this request. ESA looks forward to successfully completing the CEQA process for the Lake Elsinore Walmart Supercenter project. Sincerely; PSA Eric J. Ruby Senior Vice President Task Bud et Stent 'Proposed Modification Total with Modification I) _ Initial Study /NOP $ 17,440 $ 16,969 $ 0 $ 17,440 2) Peer Review & Tech Studies $ 24,450 $ 25,839 $ 1,500 $ 25,950 3) Draft EIR $ 96.405 $120,119 $ 16,000 $112,405 4) Final EIR/Findings $ 33,915 $ 2,130 $ 0 $ 33,915 5) Meetings $ 11,060 $ 26,977 $ 2,500 $ 29,447 6) Reimbursables $ 8,230 $ 6,851 $ 0 $ 8,230 7) Burrowing Owl Survey $ 4,500 $ 0 $ 0 $ 4,500 Total $196,000 $198,885 $ 20,000 $216,000 The new/additional Final EIR and public hearing scope of work assumptions outlined in the October 8, 2015 email from DMG Economics and the October 7, 2015 email fiom Rutan & Tucker are hereby incorporated by reference. Please contact the undersigned should you have any questions concerning this request. ESA looks forward to successfully completing the CEQA process for the Lake Elsinore Walmart Supercenter project. Sincerely; PSA Eric J. Ruby Senior Vice President aKF; _ ilil: Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 15-799 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 7 Printed on 10/22/2095 CITY or LADE LSIN0KE �'-� �ii6nha Ej(TRGMI:.. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: Phase 4 Project No: Z10008-4 Recommendation 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 to Hardy & Harper, Inc. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $892,795.25 to Hardy & Harper, Inc. in substantially the form attached and in such final form as approved by the City Attorney. 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $133,919 for adjustment in bid quantities. 4. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Background On September 09, 2015, a Notice Inviting Bids was posted for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4. Contractor bids were solicited and received on October 15, 2015, at 2:00 p.m. In accordance with the City's Pavement Management Plan (PMP), the Pavement Condition Index (PCI) method was used to assess and calculate pavement distress. The work to be performed under this contract includes: surface preparation via localized dig -outs (selective removal and replacement of failed asphaltic concrete pavement); restriping and re -installation of pavement legends, Award Agreement of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 Project No: Z10008-4 October 27, 2015 Page 2 of 3 limit lines, and crosswalks in accordance with current standards. A grind and asphalt overlay pavement will be used during this project. Inspection will be performed by in house staff. Discussion Contractor bids were opened publicly on October 15, 2015, at 2:00 p.m. The City received seven (7) bids from qualified contractors. The bid results are summarized below: Contractor (Bidder) Location Bid Amount 1. Hardy & Harper, Inc. Santa Ana $892,795.25 2. Griffith Company Montclair $924,429.00 3. All American Asphalt Corona $965,492.00 4. R.J. Noble Orange $1,025,623.50 5. TC Construction Co. Santee $1,028,690.00 6. Calmex Engineering, Inc. Bloomington $1,269,516.63 Staff tabulated and verified all bids and determined Hardy & Harper, Inc. to be the lowest responsible bidder. The project is expected to begin construction in November 2015 with substantial completion in January 2016. Fiscal Impact This project is included in the City's adopted FY 2015-2019 Capital Improvement Plan and will be financed by T.R.I.P. Sufficient funds are available to complete the project. Prepared by: Nicole McCalmont Sr. Engineering Technician Approved by Jim Smith, P.E. Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Award Agreement of Public Works Construction Contract for FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 Project No: Z10008-4 October 27, 2015 Page 3 of 3 Attachments: Citywide Pavement Rehabilitation Program Phase 4 Agreement for Construction Services Citywide Pavement Rehabilitation Program Phase 4 Exhibit A — List of Project Locations AGREEMENT FOR PUBLIC WORKS CONSTRUCTION HARDY & HARPER, INC. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 Project No. Z10008-4 This Agreement for Public Works Construction ("Agreement") is made and entered into as of October 27, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Hardy & Harper, Inc., a California 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: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4 (the "Project"). The City -approved Specifications and Contract Documents for the construction of the Project, which are incorporated herein by reference, are identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 4. 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. 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 EIGHT HUNDRED NINETY TWO THOUSAND SEVEN HUNDRED NINETY FIVE DOLLARS AND TWENTY-FIVE CENTS ($892,795.25). 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, 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 I -lardy &I I ailm Pavement Rehab Ph 4 Construction Agan 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 forty-five (45) 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 ONE THOUSAND DOLLARS ($1000.00) 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. Any change to the work shall be by way of a written instrument ("change order') signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. Page 2 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. 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 Page 3 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) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. 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). Professional Liability Coverage. [Intentionally omitted]. 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. Page 4 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. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hardy & Harper, Inc. Attn: Steve Kirschner 1312 E. Warner Ave. Santa Ana, CA 92705 Page 5 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. Assignment 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. 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. Page 6 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. Prevailinq 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 Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hour's laws will be enforced. 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 Page 7 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. e. 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] 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" Hardy & Harper, Inc., a California corporation By: Its: City Clerk By. Its: APPROVED AS TO FORM: City Attorney Attachment: Bidder's Proposal Page 9 ATTACHMENT 'A' BIDDER'S PROPOSAL CITY OF LAKE ELSINORE CIP Project No. 210008-4 BIDDER'S PROPOSAL FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. Z10008-4) Company: Hardy&Harper,Inc Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: Time of Completion: Forty-five (45) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. BID SCHEDULE A — OVERLAY LOCATIONS ITEM ESTIMATED UNIT NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 1 MOBILIZATION LS 1 D .Ob gro06,0 2 WORK AREA TRAFFIC CONTROL LS 1 �f 0 S 3 STORM WATER AND NON -STORM WATER POLLUTION CONTROL LS 1 4 CLEARING, GRUBBING, AND REMOVALS LS 5 PUBLIC NOTIFICATION LS 1 , J Ot) ,0D 51060.D0 6 CONSTRUCTION SURVEYING AND LS 1 MONUMENT -PRESERVATION 5600-0650000(1 _ _ 7 CRACK SEALING LS 1 8 TEMPORARY CONSTRUCTION PROJECT IDENTIFICATION SIGN EA 4 620. in DEPTH PAVEMENT - SF 84,300 ' @' Is,I�ya 2_" ARHM PAVEMENT OVERLAY TN 3,000 7Q, D Q 21 D OQO d12GRIND 1Y," ARHM PAVEMENT OVER GRINDING E=XISTING PAVEMENT _ rN 550 7U- 00 3 jaSoo _ D11WARHM PAVEMENT OVERLAY TN 2,525 %G•0017�i U,4Y" AC LEVELING COURSE IN 1,260 00, UQ ' Ztp1(J00, Q REMOVE EXISTING AC PAVE=MENT, 14 CONSTRUCT 3" AC (HMA) PAVEMENT SF 6,650 7� 0 I X205. Q OVER 4" BASE AND G' SUBGRADE PREP C-2 CITY OF LAKE ELSINORE CIP Project No. Z10008-4 ITEM ESTIMATED UNIT NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 15 REPAIR PCC CROSS GUTTER SF 90 00 3Y(�QQ, 0O EM PPROX. 2050 LF OF EXISTING ROVEA- GUARDRAIL AND REPLACE WITH MIDWEST GUARDRAIL SYSTEM (WOOD POST WITH WOOD BLOCK) WITH END 16 ANCHOR ASSEMBLY -TYPE SFT PER LS CALTRANS REVISED STD. PLANS A771..1 'jl OQD.dO I AND A77S1 AND INSTALL SKT-350 51/ 000,10 TANGENT, ENERGY ABSORBING, 31" HIGH END TREATMENT REMOVE EXIS"IING IMPROVEMENT AND 17 CONSTRUCT ADA CURB RAMP PER EA 17 3/(Q6O 10 ( Z00 • QO CALTRANS STD. A88A DETAIL B 18 SHOULDER BACKING LIF 22,325 S 04h 01 19 ADJUST MANHOLE TO GRADE EA 25 2'30,00 2D _ _ ADJUST WATER VALVE TO GRADE EA 50 �Q�,Q� CJ 004.86 REMOVAL AND REPLACEMENT OF THERMOPLASTIC & PAINTED PAVEMENT 21 STRIPING, MARKINGS, LEGENDS AND ITS 1 32y 000'0 RAISED PAVEMENT MARKERS PER STRIPING PIAN Total Bid Price �q Z f I (Based on estimated quantities of Items 1 through 21) Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except For lump sum (ILS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. SCHEDULE A Total Bid: �� t �� J� • s (Figures*) SCHEDULE A Total Bid: 51� (Words) *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-3 CITY OF LAKE ELSINORE CIP Project No. Z10008-4 The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. PAX: 714-444-2801 G4 Hardy & Hai per, Inc / Coon/tractor Date: 10/2/15 By: Steve Kirschner - Vice President Contractor's State License No.: 215952 Class: A C-8 C12 Department of Industrial Relations Registration No: 1000000076 Registration Date: 6/19/15 Expiration Date: 6/31/16 Address: 1312 E. Warner Ave. SantaAna, CA 92705 Phone: 714-444-1851 PAX: 714-444-2801 G4 CITY OF LAKE ELSINORE CIP Project No. 7_10008-4 ACKNOWLEDGMENT OF ADDENDA RECEIVED FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. - (CIP PROJECT NO. 210008-4) The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received, Addendum No. 1 n Addendum No. 2 y Addendum No.3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. B er s Signature Steve Kirschner - Vice President C-5 10/2/15 Date CITY OF I.AKE ELSINORE CIP Project No, 210008-4 NON -COLLUSION AFFIDAVIT FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. 210008-4) STATE OF CALIFORNIA ) SS COUNTY OF ) (NAME) Steve Kirschner affiant being first duly sworn, deposes and says: That he or she is Vice President of (sole owner, partner or other proper title) Hardy& Harper, Inc the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: 1312 E. Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-444-1851 Print Signe Title: Vice President Date: 10/2/15 SIGNING INSTRUCTIONS TO THE CONTRACTOR Nan -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this pale. If the Bidder fails to properly sign or omits the required signature, the bid will be considered non-responsive and will be rejected. C-6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Wla`�.f-.l`��'UI�Ey'1RM.^�os: 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 ORANGE ) On October 12 20'L5__ before me, JO -ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Steve irschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(z) whose name(PC) Is/aKe subscribed to the within instrument and acknowledged to me that he/sKe/they executed the same in his/her/their authorized capacity(i(M), and that by his/her/their signature(g) on the instrument the person(R), or the entity upon behalf of which the person(g) acted, executed the instrument. JO -ANN LYONS � Commission # 2023055 <;_ Notary Public • California i o Orange County n My Comm. Expires May 3, 2017 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and offi ' I se4P. Signature _ __. Signature of No 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: Non -Collusion Affidavit _,...-_ Document Date: October 2, 2015 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Sleye Kirschner lvl Corporate Officer — Title(s): vrrP prasldenr 1-1 Partner — ❑ Limited ❑ General O Individual ❑ Attorney in Fact * Trustee ❑ Guardian or Conservator LJ Other: Signer Is Representing: Hardy & Harper, Inc. Signer's Name: ❑ Corporate Officer — Thle(s): 71 Partner — ❑ Limited ❑ General ❑ individual ❑ Attorney in Fact F] Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary,org • 1 -800 -US NOTARY (1-800-876-6827) Item 45907 CITY OF I-AKE ELSINORE CIP Project No. Z10008-4 BOND NO, HARHA-2127 FY 20152016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. Z10008-4) KNOW ALL MEN OR WOMEN BY THESE PRESENTS: That we Hardy&Harper Inc. as PRINCIPAL, hereinafter referred to as "Contractor", and Fidelitv and Deposit Comoanv of Maryland a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore --- in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of Ten Percent (10%) of Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above, NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) C-7 CITY OF LAKE EI SINORE CIP Project No. Z10008-4 BIDDER'S BOND SIGNATURE PAGE FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (GIP PROJECT NO. Z10008-4) IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 8th day of October 12015 BIDDER: Contractor Name: Hardy&Harper, Inc Address: 1312P. Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-441-1851 Print Name: Steve Kirschner CORPORATE SURETY: Fidelity and Deposit Company Name: Company of Maryland Address: 777 South Figueroa Street Suitye 3900, Los Angeles, CA 90017 Telephone No.: (213)270-0600 Print Name: Dwight Reilly ice President Title: _ Title: Ariorney-in-Fact Signature�G f'` Signature: �� a� B Date: d���IjJ Date: October 8, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately following this page. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non-responsive and will be rejected. C-8 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 ORANGE ) On ____0dobefJ2 201_5, before me, JO -ANN LYONS NOTARY PUBLIC _ Date Here Insert Name and Title of the Officer personally appeared Stev schner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(a'I Waxe subscribed to the within instrument and acknowledged to me that he/skefthey executed the same in his/her/their authorized capacity(iQ6), and that by his/hxr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JO -ANN LYONS6 _ Commission x 202905 Z Notary Public - California z Orange County My Comm. Expires Ma 3, 2017 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS raw -band and official. seal. X) Signature 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: Bidders Bond Document Date: _October 8. 2015 Number of Pages: 2 Signer(s) Other Than Named Above: Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner 7 Corporate Officer — Title(s): -ylca Pre,idr i} O Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy & Harper Inc. Signer's Name: ❑ Corporate Officer — Title(s): Partner — ❑ Limited ❑ General FI Individual 1.7 Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: 7��r�GeZT.�L�Oe?G�'�.'w?'�' "tib.-''t%4�-Q>�cg'-`t>{+`x»i.��-C-•'„�'L'v'�,ae�U¢'3A�^�-�.:�z�.c+`.W�r'G5 ©2014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item W5907 ACKNOWLEDGMENT 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 On October S, 2015 before me, Susan Pugh Notary Public (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(%) whose name(s) is/arex subscribed to the within instrument and acknowledged to me that hebsbeNW executed the same in hiskxxAheixauthorized capacity0es), and that by his/k oeixsignature(%) 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. "`�' • SUSAN PUG' WITNESS my hand and official seal. r,, cnmm.sfssoeaos N n �i.=) Notary Public -California a '$ o °"� ORANGE COUNTY u � ¢e.�{. � fmy Camm. &pines Apr 29, 201 Signature (Seal) Susan Pugh S Bond No. HARHA-2127 ZURICII AMERICAN INSURANCE COMPANY COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY and Arturo AYALA, all of Orange, California, EACH its nue and lawful agent and Attorney -in -Fact, to make, execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of September, A.D. 2015. ATTEST: i - 2).A"i- ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND O Y� r .4,Q1 LLF0011,?�ni ?yti. tm.iDf Secretary Vice President Eric D. Barnes Thomas O. McClellan State of Maryland County of Baltimore On this 8th day of September, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS -O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of die Companies, to the personally (mown to be the individuals and efficers descritied in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that .he/she is the said officer of the Company aforesaid, and dint the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. :.runin� Cousuniue A. Dunn, Notary Public My Cormnissimr L'xpires: July 9, 2019 POA -F 012-00798 CITY OF LAKE ELSINORE CIP Project No. Z10008-4 LIST OF SUBCONTRACTORS FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. 210008-4) The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2. of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: 11 Ci �Q iQ(A tl Y J C�� License Number: LC5 q 1 i Address of Office, Mill or Shop: D 14 ( i o'caym Specific Description of Sub -Contract: and Bid Items of Work: ,SVW Name Under Which Subcontractor is Licensed: CM q'y-yc ---- License Number: Address of Office, Mill or Shop: 7 0040 l; • S t& 06n C4Z3Zc[ Specific Description of Sub -Contract: and Bid Items of Work ? 2 JA-'/ Stri P ( 0 G4 Name Under Which Subcontractor is Licensed: OVrl R R (U W1 parl� License Number: o� Address of Office, Mill or Shop: al\ Rl�k ���n�NS 4)� 0'(11A Kid Specific Description of Sub -Contract: and Bid Items of Work: # U l/G Gi V4{J Name Under Which Subcontractor is Licensed: EM y tI h _rj et License Number: q _i 2-1 U - F Address of Office, Mill or Shop: 1 Z-0 2 - Specific Description of Sub -Contract: and Bid Items of Work: 1- 16l I :�'7 0 / M Ak1 h 0 Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-9 J 0y) baC K FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. Z10003-4) Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Name(Firm/Agency): _ Please see attachment"H" Address: Contact Person: Telephone No.: Title of Project: _ Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: — Title of Project: T Project Location: Date of Completion: _ Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-10 CITY OF LAKE ELSINORE CIP Project No. Z10008-4 4. Name (Firm/Agency): Plcase sce attachment "H" Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: — Contract Amount: 5. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 6. Name (Firm/Agency): Address: Contact Person: Telephone No.: _ Title of Project: Project Location. Date of Completion: _ _ Contract Amount: 7. Name (Firm/Agency): Address: Contact Person: Telephone No.: — Title of Project: Project Location: Date of Completion: Contract Amount: C-11 CITY OF LAKE ELSINORE CIP Project No, 210008-4 List any other projects (private, older than three (3) years, etc.) that may represent qualifying or similar experience: 1. Name (Firm/Agency): Please see attachment "A" Address: Contact Person: Telephone No.: Title of Project: Project Location: ---.._..___---- Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: ----- --.__ -.— -_- Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-12 CITY OF LAKE ELSINORE CIP Project No. 210008-4 CONTRACTOR INFORMATION FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. 210008-4) Contractor's License NO.: 215952 a. Date first obtained: 12/14/02 b. Has License ever been suspended or revoked? If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: - Class: A C-8 C12 Expiration 12/31/15 No M Principals in Companyi (List all — attach additional sheets if necessary): NAME TITLE LICENSE NO. (If Applicable) Fred T. Maas, Ir President,'Freasurer 215952 Dan T. Maas CEO 215952 Steve Kirschner Vice President 215952 Kristen Pauhno Secretary 215952 C-13 CITY OF LAKE ELSINORE t' CIP Project No. Z10008-4 VIOLATIONS OF FEDERAL, STATE OR LOCAL LAWS FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. L10008-4) 1. Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES 'NO (circle one) Federal /State / Local (circle one) If "YES," identify and describe, (including agency and status): Have the penalties been paid? YES / NO (circle one) 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES /6) (circle one) Code/Laws: Section/Article: If "yes," identify and describe, (including agency and status): C-14 CITY OF LAKE ELSINORE CIP Project No, 210008-4 DISQUALIFICATION OR DEBARMENT FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASE 4 NIB NO. (CIP PROJECT NO. 210008-4) Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES i(NO (circle one) If yes, provide the following information (if more than once, use separate sheets): Date: _..._ ---- Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES l NO (circle one) C-15 A'T'TACIIMPNfi' Ii Page 1 of 2 PUBLIC WORKS REFRENCES 2013/20/4 Owner/Agency Contact Project (Amount & C:mmnlPfinn Bata\ City of Buena Park Wood Nousome Burnham Avenue Improvemnts 8150 Knott Avenue mausomeR�buenaoark.com Schedule A Project (714) 562-3750 Buena Park, CA 90620 ST -969 $229,113 12/14 ypress Dario Sirnoes, P.E. Street Rehabilitation & Overlay L5276nge Avenue (714) 229-6694 Project No. 123 CA 90630 dsimoes@ci. rress.ca.us $269,936 11/14 yustin Eddy Jan, P.E. 2013-14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 eian(a7anduen.com CIP 70001 $1,491,543 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB -14-07 Palos Verdes Estates, CA 90274 iackrydellaa caaProfessionals com $1,187,987 12/14 City of Chino Hills 140000 City Anne Dutrey, P.E. (909) 364-2760 FY2013-14 Street Improve - ments Project No. 514001 Chino Hills, CA aduvrev(fthinohillsora $918,965 11/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345d1atimernacityofhesoeaus $1,184,570 01/15 County of Los Angeles Public Works Jose Pou, P.E. 124th Street ET. AI. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 Jou d w1acoLylt yRov $4,304,600 12/14 City of Riverside Steve Howard Arterial Streets Maintenance 3900 Main Street (951) 826-5708 $4,444,000.00 03/14 Riverside, CA 92552 sho\�sideca,yov Minor Streets Maintenance _ _ $1,543,000.00 04/14 Page 2 of 2 PUBLIC WORKS REFRENCES 201.3/2014 County of Riverside Trai Nguyen Murrieta I -lot Springs Road 3525 14th Street (951) 961-5363 $1,305,000.00 04/14 Riverside, CA 92501 Estelle & Grant Street Surfacing $838,000.00 03/14 Ctiy of Westminster — 8200 Westminster Blvd. Tuan Pham tpham(cr7westminster-cagov Brookhurst Street $1,116,920.00 12/13 (714) 548-3456 Westminster, CA 92683 County of San Bernardino 825 East Third Street J.D. Gayman (909) 387-7924 San Bernardino Ave. $1,577,000.00 06/14 San Bernardino, CA 92415 JDGaVinan@dpvr.sbcouiity.gov Wagon Train Road $202,000.00 05/14 Running Springs School $430,730.00 05/14 City of Pasadena 100 N. Garfield Ave. Richard Yee (626) 744-4643 Preventive Street Maintenance $1,558,717.00 06/14 Pasadena, CA 91109 City of Perris Brad Brophy Mapes Road/Gilmore Road 101 North "D" Street brad Co)trilakeconsultants.com $380,00.00 03/14 (951) 943-6504 Perris, CA 92570 City of La Mirada 13700 La Mirada Blvd. Gary Sanui Sanui cityoflamirada.org Phase 3 Street Rehab $1,075,484.00 06/14 (562) 943-0131 La Mirada, CA 90638 A'1'IACHMENI',4 7fardy ci 9farper, Inc. Owner/Ageney Contact Project (Aimmut K End Date) City of Yoaba Linda J3asta.nchury Road 6treet. P.O. Box 87014 Mark L. Stowell., PE ltehabili:atiou Yorba Linda, CA 9288,5- (714)961-71.70 8�t�• rnsto�vella)yorba•tinda.org S 506,000.00 1/1.2 City of Hemet Jorge Biagioni, .PE Lyon Avenue Rehab 44.5 N. Florida Ave. (957)765-2360 Hemet, CA 92543 jbiagioni@cityofherrtet.org $ 532,000.00 3/1.2 City of Irvine Darrell Hartman, PE Culver drive Street. One Civic Center Plaza (949)724-5640 Rehab Irvine, C.A. 92623-9575 dhartman@ciJrvine.ca.us 8 790,000.00 2/12 City of Perris Chris Sonde, PE Downtown Street it Alley 101 North D Street Tri Lake Consultants Rehabilitation. Perris, CA 92572 (951)943-6504 cbris@tiilakeeonsultants.com $ 1,876,000M 2/1.2 City of Gardena John Felix, Associate Engineer Denker Ave et al 1717 W. 162°' Street (310)217-964.3 Street Improvements Gardena, CA 90247 jfelix@ei.gardena.ca.us $1,118,000.00 2/12 �c, (tee hliil;:�l, Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 15-800 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 7 Printed on 10/2212015 CITY Or i LADE LSINORE �'J DREAM E 7lUME,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: Recommendation 1. Award the Public Works Construction Agreement for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 to Hardy & Harper, Inc. 2. Approve and authorize the City Manager to execute the Agreement in the amount of $524,408 to Hardy & Harper, Inc. in substantially the form attached and in such final form as approved by the City Attorney. 3. Authorize the City Manager to execute change orders not to exceed the 15% contingency amount of $78,661 for adjustment in bid quantities. 4. Waive the irregularity in the bid submitted by Hardy & Harper, Inc. 5. Authorize the Director of Public Works to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City's maintained system. Background On September 18, 2015, a Notice Inviting Bids was posted for the FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5. Contractor bids were solicited and received on October 14, 2015, at 2:00 p.m. In accordance with the City's Pavement Management Plan (PMP), the Pavement Condition Index (PCI) method was used to assess and calculate pavement distress. The work to be performed under this contract includes: surface Construction Contract Award to Hardy & Harper, Inc. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 October 27, 2015 Page 2 of 3 preparation via localized dig -outs (selective removal and replacement of failed asphaltic concrete pavement); restriping and re -installation of pavement legends, limit lines, and crosswalks in accordance with current standards. A grind and asphalt overlay pavement will be used during this project. Inspection will be performed by in house staff. Discussion Contractor bids were opened publicly on October 14, 2015, at 2:00 p.m. The City received six (6) bids from qualified contractors. There was an irregularity in the bid from Hardy & Harper, Inc. Hardy & Harper, Inc., did submit a signed copy of the "Acknowledgement of Addenda Received"; however, they failed to place an "X' by each addendum issued. The failure to place an acknowledgment may, at the option of the City, be a grounds for rejecting the bid. However, rejection is not mandatory. By a written letter subsequent to the bid, Hardy & Harper, Inc., acknowledged the receipt of the addendums and stated that the failure to place an "X" had been an inadvertent oversight. Hardy & Harper further stated that they will adhere to the requirements therein. After reviewing this matter with the City Attorney's office, City staff determined that the Hardy & Harper gained no competitive advantage over other bidders as a result of this minor bid irregularity and the City is within its rights to waive the irregularity. Hence, this is considered an irregularity in the bid that can be waived. The bid results are summarized below: Contractor (Bidder) Location Bid Amount 1. Hardy & Harper, Inc. Santa Ana $524,408.00 2. Griffith Company Montclair $563,465.00 3. All American Asphalt Corona $574,555.00 4. R.J. Noble Orange $659,480.00 5. TC Construction Co. Santee $728,455.00 6. EBS General Engineering Corona $805,130.00 Staff tabulated and verified all bids and determined Hardy & Harper, Inc. to be the lowest responsible bidder. Griffin Company filed a bid protest regarding the irregularity noted above. City staff recommends that the irregularity be waived. The project is expected to begin construction in November 2015 with substantial completion in January 2016. Construction Contract Award to Hardy & Harper, Inc. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 October 27, 2015 Page 3 of 3 Fiscal Impact This project is included in the City's adopted FY 2015-2019 Capital Improvement Plan and will be financed by T.R.I.P. Sufficient funds are available to complete the project. Prepared by: Nicole McCalmont Sr. Engineering Technician Approved by Jim Smith, P.E. Interim Director of Public Works Approved by Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Agreement for Construction Services Protest Letter AGREEMENT FOR PUBLIC WORKS CONSTRUCTION HARDY & HARPER, INC. FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 Project No. Z10008-5 This Agreement for Public Works Construction ("Agreement") is made and entered into as of October 27, 2015, by and between the City of Lake Elsinore, a municipal corporation ("City") and Hardy & Harper, Inc., a California corporation ("Contractor"). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Proiect and Proiect Documents. Contractor agrees to construct the following public improvements ("work") identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5 (the "Project"). The City -approved Specifications and Contract Documents for the construction of the Project, which are incorporated herein by reference, are identified as: FY 2015-2016 Citywide Pavement Rehabilitation Program Phase 5. 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 FIVE HUNDRED TWENTY FOUR THOUSAND FOUR HUNDRED EIGHT DOLLARS ($524,408.00). 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, 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 Hardy &I larper Pavement Rehab Ph 5 ConsVuclion Agml 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 forty-five (45) 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 ONE THOUSAND DOLLARS ($1000.00) 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. Any change to the work shall be by way of a written instrument ("change order") signed by the City and the Contractor, stating their agreement to the following: a. The scope of the change in the work; b. The amount of the adjustment to the contract price, and c. The extent of the adjustment to the Schedule of Performance. Page 2 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. 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 Page 3 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) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. 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). V. Professional Liability Coverage. [Intentionally omitted]. 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. Page 4 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. 10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Hardy & Harper, Inc. Attn: Steve Kirschner 1312 E. Warner Ave. Santa Ana, CA 92705 Page 5 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. Assignment 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. 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. Page 6 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 Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hour's laws will be enforced. 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 Page 7 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. e. 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] Page 8 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: City Clerk APPROVED AS TO FORM: City Attorney Attachment: Bidder's Proposal "CONTRACTOR" Hardy & Harper, Inc., a California corporation By: Its: By: Its: Page 9 ATTACHMENT 'A' BIDDER'S PROPOSAL Company: CITY OF LAKE ELSINORE GIP Project No. 210008-5 BIDDER'S PROPOSAL FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) Hardy & Harper, Inc Honorable Mayor, Members of the Council: In accordance with the Notice Inviting Bids pertaining to the receiving of sealed proposals by the City Clerk of the City of Lake Elsinore for the above titled improvement, the undersigned hereby proposes to furnish all Work to be performed in accordance with the Specifications, Standard Drawings, and the Contract Documents, for the unit price or lump sum set forth in the following schedule: Time of Completion: Forty-five (45) Working Days from Issuance of Notice to Proceed (NTP) by City to Contractor. ITEM ESTIMATED UNIT NO. DESCRIPTION OF ITEMS UNIT QUANTITY PRICE AMOUNT 1 MOBILIZATION LS 1 ) H00, 00 I 2 WORK AREA TRAFFIC CONTROL LS 1 25,0000045, Ono, 00 3 STORM WATER AND NON -STORM WATER LS 1 POLLUTION CONTROL 5'00000 5,000.00 4 CLEARING, GRUBBING, AND REMOVALS LS 1 3 000 00 3,000.00 5 PUBLIC NOTIFICATION LS 1 i,SOO.OU I,S0000 6 CONSTRUCTION SURVEYING AND LS 1 JIn,00000 %000'66 MONUMENT PRESERVATION 7 CRACK SEALING LS 1 I,Soa.Qo "7,507.46 $ TEMPORARY CONSTRUCTION PROJECT EA 4 (770.00 Z, (p8a.U0 IDENTIFICATION SIGN 9 0' — 2" VARIABLE DEPTH PAVEMENT SF 56,000 4 g q y0.0e COLD MILL / 10 UNIFORM 2" COLD MILL SF 100,000 0 11 INSTALL CMB CY 500 '5.00 2,50006 12 INSTALL AC LEVELING COURSE (TYPE III TN 1,210 �y.00 `1; 7,y Lt 0, Ob B2 -PG 64-10) C-2 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 ITEM DESCRIPTION OF ITEMS UNIT ESTIMATED QUANTITY UNIT PRICE AMOINT NO. 13 INSTALL 2 INCH SURFACE COURSE (C2- 7N 2,500 (p 9.00 12,5 PG 64-16 ARHM) 14 UNCLASSIFIED EXCAVATION CY 760 REMOVE EXISTING IMPROVEMENTS AND INSTALL NEW PCC CURB RAMP WITH 15 TRUNCATED DOMES PER SPPWC EA 12 �},OdQ. 06 q8,666. Ob STANDARD PLAN 111-5, CASE & TYPE PER PLAN 16 REMOVE EXISTING AND INSTALL NEW SF 3,500 �, Q O 17,S0o PCC SPANDREL •aD 17 REMOVE & REPLACE PCC SIDEWALK SF 5,1003.00 18 REMOVE EXISTING AND INSTALL NEW PCC CURB ANDGUTTER LF 100 60•00 19 SHOULDER BACKING LF 950 406-7,5 60.00 20 ADJUST GAS VALVE FRAME & COVER TO EA 6GRADE0,0o -- 21 ADJUST WATER VALVE FRAME & COVER EA 13 1'3[70,00 TO GRADE 166.00 22 _ ADJUST SEWER & STORM DRAIN MANHOLE FRAME & COVER TO GRADE EA 23 LI' 00 p /,200.00 23 ADJUST TRAFFIC SIGNAL PULL BOX TO EA n 160.60 'fd0.06 GRADE REMOVAL AND REPLACEMENT OF THERMOPLASTIC & PAINTED PAVEMENT 24 STRIPING, MARKINGS, LEGENDS AND LS 1 127006,0612�Op0.00 RAISED PAVEMENT MARKERS PER STRIPING PLAN 25 INSTALL TRAFFIC LOOPS, TYPE D EA 4 t'} 00 - 60 26 INSTALL TRAFFIC LOOPS, TYPE E EA 7 300, OQ 21 1 66 , 0Q 27 INSTALL FLEXIBLE POST DELINEATOR EA 20 92,d6 i,%s`O.Oa SK Total Bid Price •B -G - (Based on estimated quantities of Items 1 through 27) S 2Y q05. , 0p Note: Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) and final pay (F) quantities. (S) denotes a specialty item. The Bid Price shall include, but not be limited to, sales tax and all other applicable taxes and fees. ;K 5'300.00 Total Bid: 5214 , R b() (Figures'I Total Bid:D've hurapra Irk"et,ly-fc)vlrfkouSavl4 f6VI,hvha1-(Clt,y> m o *BID MAY BE REJECTED IF TOTAL IS NOT SHOWN FOR BOTH FIGURES AND WORDS. C-3 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 The undersigned agrees to enter into and execute a contract, with necessary bonds, at the unit prices set forth herein and in case of default in executing such contract, with necessary bonds, the check or bond accompanying this bid and the money payable thereon shall be forfeited thereby to and remain the property of the City of Lake Elsinore. The above unit prices include all work appurtenant to the various items as outlined in the Specifications and all work or expense required for the satisfactory completion of said items. In case of discrepancies between unit prices and totals, the unit prices shall govern. The undersigned declares that it has carefully examined the Plans, Specifications, and Contract Documents, and has investigated the site of the work and is familiar with the conditions thereon. Hardy & Harper, Inc ,,,,Contractor Date: 10/2/15 By: Steve Kirschner -Vice President Contractor's State License No.: 215952 Class: A C-8 C12 Department of Industrial Relations Registration No: 1000000076 Registration Date: 6/19/2015 Expiration Date: 6/31/2015 Address: 1312 R Warner Ave Santa Ana, CA 92705 Phone: 714-444-1851 FAX. 714-444-2801 C-4 CITY OF LAKE ELSINORE CIP Project No. 210008-5 ACKNOWLEDGMENT OF ADDENDA RECEIVED FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM PHASES LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) The Bidder shall acknowledge the receipt of addenda by placing an "X" by each addendum received. Addendum No.1 Addendum No. 2 Addendum No. 3 Addendum No. 4 If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected. Kder�s BlgnatUre Steve Kirschner -Vice President C-5 10,14,15 Date CITY OF LAKE ELSINORE C I P Project No. Z10008-5 NON -COLLUSION AFFIDAVIT FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) STATE OF CALIFORNIA ) SS COUNTY OF ) (NA(t4F) Steve Kirschner affiant being first duly sworn, deposes and says: That he or she Is Vice President of (sole owner, partner or other proper title) Hardy &Harper, 111c the party making the foregoing Bid, that the Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from bidding; that the Bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract of anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company associations, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid. (Public Contract Code Section 7106) Address: 1312 L. Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-444-1851 Print Signe Title: Vice President Date: 10/2/15 SIGNING INSTRUCTIONS TO THE CONTRACTOR Non -Collusion Affidavit must be accompanied by notary certificates for signature. Note the description of the document on the notary certificate. Attach notary certificate immediately following this page. If the Bidderfails to properly sign or omits the required signature, the bid will be considered non- responsive and will be rejected. C-6 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 ORANGE ) On _ October 12, 2015 before me, JO -ANN LYONS NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared Stovc Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(x) whose name(8j Is/am subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capacity(iQs), and that by his/h)¢r/their signature(s) on the instrument the person(a), or the entity upon behalf of which the person(x) acted, executed the instrument. JO -ANN LYONS mmission Co # 2023055 z ;-.d Notary Public - California z z Orange County Ia My Comm. Expires May 3.2017 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS and and off' al seal. Signatur;,� Z( Le Signature of Notary Public 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: Non -Collusion Affidavit Document Date: October 2, 2015 Number of Pages: 1 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Steve Kirschner Ov Corporate Officer — Title(s): vire preddent ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Ham &Harper Inc. Signer's Name: 171 Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ❑ Other: Signer Is Representing: -_ 02014 National Notary Association • www.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 F CITY OF LAKE ELSINORE CIP Project No, 210008-5 BOND NO. HARHA-2126 BIDDER'S BOND FY 2015.2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM — PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) KNOW ALL MEN OR WOMEN BY THESE PRESENTS That we HardY & Harper, Inc. _ , as PRINCIPAL, hereinafter referred to as "Contractor", and Fidelity and Deposit Company of Maryland a duly authorized corporate as "Surety," are held and firmly bound unto the City of Lake Elsinore in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Contractor above named, submitted by said Contractor to the City of Lake Elsinore for the work for said project entitled above, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City of Lake Elsinore to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the amount of Ten Percent (10%) of Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH That whereas the Contractor has submitted the above-mentioned Bid to the City of Lake Elsinore as aforesaid for the work for said project entitled above. NOW, THEREFORE, if the aforesaid Contractor is awarded the Contract and, within the time and manner required under the Contract documents, after the prescribed forms are presented to him or her for signature, enters into a written Agreement in the prescribed form and in accordance with the Contract documents, and files two bonds with the City of Lake Elsinore, one to guarantee faithful performance and the other to guarantee payment for labor and materials, in accordance with said Contract documents, and as required by law, and files the required insurance certificate(s) in accordance with said Contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect until execution of the Agreement or forfeiture pursuant to the Provisions of Sections 20172 and 20174 of the Public Contract Code. In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney fee to be fixed by the court. (SIGNATURE PAGE FOLLOWS) C-7 CITY OF LAKE ELSINORE C1P Project No. Z10008-5 BIDDER'S BOND SIGNATURE PAGE FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) IN WITNESS WHEREOF, we have hereunto set our hands and seals on thio 8th day of October 2.015 BIDDER: Contractor Name: Hardy &Harper, Inc Address: _ 1312E.Warner Ave., Santa Ana, CA 92705 Telephone No.: 714-444 1.851 Print Name: Steve Iaschner CORPORATE SURETY: Fidelity and Deposit Company Name: Company ofMaryland Address: 777 South Fiqueroa Street Suite 3900, Los Angeles CA 90017 Telephone No.: (213) 270-0600 Print Name: Dwight Roilly Title:Ti Attornev-in-Fact Signature: eaa;>sident Signature: �_— Date: I�fl2jh Date: October 8, 2015 SIGNING INSTRUCTIONS TO THE CONTRACTOR Bidder's Bond must be accompanied by notary certificates for EACH signature. Note the description of the document on the notary certificate. Attach BOTH notary certificates immediately followingthispage. Corporate Seal may be affixed hereto. The attorney-in-fact for corporate surety must be registered, as such, in at least one county in the State of California. Attach one original Power of Attorney immediately following the notary certificates. If the Bidder fails to properly sign or omits the required signatures, the bid will be considered non- responsive and will be rejected - C -8 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 ORANGE ) On _ OctQber 12 2015 before me, JO -ANN LYONS NOTARY PUBLIC , Date Here Insert Name and Title of the Officer personally appeared Steve Kirschner Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(a) Ware subscribed to the within instrument and acknowledged to me that he/ske/they executed the same in his/her/their authorized capaclty(iQ6), and that by his/hor/their signature(s) on the instrument the persori or the entity upon behalf of which the persons) acted, executed the instrument. ee.m+ QMY ANNLYONSCommismission #023055Z Notary Public - California zZ Orange County Comm. Expires May 3, 2017' 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS andAd sealSignature - Notary Public 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: Bidders Bond Document Date: October 8, 2015 Number of Pages: 2 Signer(s) Other Than Named Above: ._._Dwight Reilly Capacity(ies) Claimed by Signer(s) Signer's Name: ateve Kirschner O Corporate Officer — Title(s): (Ica PrPGldPnr ❑ Partner — ❑ Limited L_l General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Hardy &Harper, Inc,_ __ Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited I I General ❑ Individual ❑ Attorney in Fact ❑ Trustee CI Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5007 ACKNOWLEDGMENT 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 Orange ) On October 8 2015 before me, Susan Pugh Notary Public _ (insert name and title of the officer) personally appeared Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he%boe(tdxetgt executed the same in his/berAboh ix authorized capacity0es), and that by his/kterAbeirtsignature(x) 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. susaN PUGH COMM. 112105405 N Notary Public -California K L� e ORANGE COUNTY My Comm.Explres Apr?9,2019 Signature (Seal) Susan Pugh Bond No. HARBA-2126 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENT'S: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of die State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby .nominate, constitute, and appoint Daniel HUCKABAY, Dwight REILLY, Andrew WATERBURY and Arturo AYALA, all of Orange, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELri'Y AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Liws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN 'INSURANCE, COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8th day of September, A.D. 2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND `Lenso` SBMAL Oi j3-.— rine tNt� s 6 � tBBB ,� tr Secretary Vice Presider F.ric D. Barnes Thomas O. McClellan State of Maryland Comity of Baltimore On this 8th day of September, A.U. 2015, before the subscribeq a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally ]mown to be the individuals and officers described in mid who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swum, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding insuument rare the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of die said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first nixrve written 'POA -F 012-00708 Cid v $r....:.- �nunn Constance A. Dram, Notary Public My Commission Expires: July 9, 2019 'POA -F 012-00708 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 I0F 2 LIST OF SUBCONTRACTORS FY 2016-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-6) The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: m maon FtsGhalT ,T License Number: 2 _-TC)�-a Address of Office, Mill or Shop: PD 07i( 22-2q, wrona.2$ _ Specific Description of Sub -Contract: and Bid Items of Work: t, q 4 ##40 rDlr- AAIII,C Name Under Which Subcontractor is Licensed: SQI SiClfi License Number: GBS�%i Address of Office, Mill or Shop: 20LC0 E • C=1 mad S rmn CA g232a Specific Description of Sub -Contract: and Bid Items of Work � C %Zu Name Under Which Subcontractor is Licensed: =0 J '"=114 License Number: (54-41 Address of Office, Mill or Shop: 6JLN t2khff c� Specific Description of Sub -Contract: and Bid Items of Name Under Which Subcontractor is Licensed: License Number: 64518 Address of Office, Mill or Shop: -tg3a E. t�J Q ft, C Specific Description of Sub -Contract: and Bid Items of Work: Subcontractors listed in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-9 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 2 O "Z LIST OF SUBCONTRACTORS FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) The bidder is required to fill in the following blanks in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Chapter 2 of Division 5, Title 1 of the Government Code of the State of California) and should familiarize itself with Sections 2-3 of the Standard Specifications. Name Under Which Subcontractor is Licensed: J wfld U T1zMU gQFECy � dCft; License Number: g1ca5113 Address of Office, Mill or Shop: > 2?E7, tglriS C dVev, -K1Y iKI/i CA clZR-" Specific Description of Sub -Contract: and Bid Items of Work:wb I1}UffIG COOTT01 Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Work Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Name Under Which Subcontractor is Licensed: License Number: Address of Office, Mill or Shop: Specific Description of Sub -Contract: and Bid Items of Subcontractors listed, in accordance with the provisions of Section 2-3 must be properly licensed under the laws of the State of California for the type of work that they are to perform. Do not list alternate subcontractors for the same work. C-9 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 REFERENCES FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. 210008-5) Failure to demonstrate adequate experience may result in rejection of the bid. For all public agency projects with a similar scope of work which you have worked on (or are currently working on) in the past three (3) years, provide the following required information: 1. Name (Firm/Agency): Please see attadment °H" Address: _ Contact Person: _ Telephone No.: --- - Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: _ Contact Person: _ Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: C-10 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 4. Name (Firm/Agency): Please see atlachnient "H" Address: Contact Person, Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 5. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 6. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount, 7. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount - C -1 1 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 List any other projects (private, older than three (3) years, etc.) that may represent qualifying or similar experience: 1. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 2. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 3. Name (Firm/Agency): Address: Contact Person: Telephone No.: Title of Project: Project Location: Date of Completion: Contract Amount: 6V Please sec auachmew-!w " wr C-12 CITY OF LAKE ELSINORE CIP Project No. Z10008-5 CONTRACTOR INFORMATION FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) Contractor's License No.: 215952 Class: A C 8 C12 a. Date first obtained: 3/13163 Expiration 12/31/15 b. Has License ever been suspended or revoked? No If yes, describe when and why: c. Any current claims against License or Bond? If yes, describe claims: Principals in Company (List all — attach additional sheets if necessary) NAME TITLE LICENSE NO. (If Applicable) Fred T. Maas, Jr President, Treasurer 215952 Dan T. Maas CEO 215952 Steve Kirschner Vice President 215952 Izristen Pardino Secretary 215952 C-13 CITY OF LAKE ELSINORE- CIP Project No. Z10008-5 VIOLATIONS OF FEDERAL STATE OR LOCAL LAWS FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) Has your firm or its officers been assessed any penalties by an agency for noncompliance or violations of Federal, State or Local labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? YES l@ (circle one) Federal / State / Local (circle one) If "YES," identify and describe, (including agency and status): Have the penalties been paid? YES / NO (circle one) 2. Does your firm or its officers have any ongoing investigations by any public agency regarding violations of the State Labor Code, California Business and Professions Code or State Licensing Laws? YES /(9 NO (circle one) Code/Laws: Section/Article: If "yes," identify and describe, (including agency and status): C-14 CITY OF LAKE ELSINORE CIP Project No, Z10008-5 DISQUALIFICATION OR DEBARMENT FY 2015-2016 CITYWIDE PAVEMENT REHABILITATION PROGRAM - PHASE 5 LAKESHORE DRIVE FROM LAKE STREET TO DRYDEN STREET NIB NO. (CIP PROJECT NO. Z10008-5) Has your firm, any officer of your firm, or any employee who has a proprietary interest in your firm ever been disqualified, removed, or otherwise prevented from bidding on, performing work on, or completing a federal, state or local project because of a violation of law or a safety regulation? YES 0 (circle one) If yes, provide the following information (if more than once, use separate sheets). Date: Entity: Location: Reason: Provide Status and any Supplemental Statement: Has your firm been reinstated by this entity? YES / NO (circle one) C-15 ATTACIIMENT H Page 1 of 2 PUBLIC WORKS REFRENCES 2013/2014 Owner/Agency Contact Project (Arnount & Comnletion DntPl City of Buena Park Wood Nousome Burnham Avenue Improvemnts 8150 Knott Avenue wnousomeo).buenapark con, Schedule A Project (714) 562-3750 Buena Park, CA 90620 ST -969 $229,113 12/14 City of Cypress Dario Simoes, P.E. Street Rehabilitation & Overlay 5275 Orange Avenue (714) 229-6694 Project No. 123 Cypress, CA 90630 dsimoesnaci.cvpress.ca.us $269,936 11114 City of Tustin Eddy Jan, P.E. 2013 14 Roadway Rehab 300 Centennial Way (714) -573-3157 & Sidewalk Repair Project Tustin, CA 92780 elan a0andpen.com CIP 70001 $1,491,543 12/14 City of Palos Verdes Jack Rydell, P.E. FY 14/15 Street Resurfacing 340 Palos Verdes Dr West (310) 378-0383 Project NIB -14-07 Palos Verdes Estates, CA 90274 iackrydell0caaprofessionals corn $1,187,987 12/14 City of Chino Hills Anne Dutrey, P,E. FY2013-14 Street Improve - 140000 City (909) 364-2760 ments Project No. S14001 Chino Hills, CA aduvreyo()chinohills.org $918,965 11/14 City of Hesperia Dwaine Latimer, P.E. Street Improvements and 9700 Seventh Avenue (760) 947-1434 Main Street Bridge Rehab Hesperia, CA 92345 �IatimerC&cityofhesperia.u's $1,184,570 01/15 County of Los Angeles Public Works Jose Pou, P.E. 124th Street ET. AI. 900 S Fremont Avenue (626) 458-2191 RDC0013372 Alhambra, CA 91803 Jpouadpw.lacountygov $4,304,600 12/14 City of Riverside Steve Howard Arterial Streets Maintenance 3900 Main Street (951) 826-5708 $4,444,000.00 03/14 Riverside, CA 92552 showard0rivers ideca.gov Minor Streets Maintenance $1,543,000.00 04/14 Page 2 of 2 201312014 County of Riverside Trai Nguyen Murrieta Hot Springs Road 3525 14th Street (951) 961-5363 $1,305,000.00 04/14 Riverside, CA 92501 Estelle & Grant Street Surfacing $838,000.00 03/14 Ctiy of Westminster Tuan Pham Brookhurst Street 8200 Westminster Blvd. tpham .westminster-ca.gov $1,116,920,00 12/13 (714) 548-3456 Westminster, CA 92683 County of San Bernardino J.D. Gayman San Bernardino Ave. 825 East Third Street (909) 387-7924 $1,577,000.00 06/14 San Bernardino, CA 92415 JDGayman(adyw.sbcountv.gov Wagon Train Road $202,000.00 05/14 Running Springs School $430,730.00 05/14 City of Pasadena Richard Yee Preventive Street Maintenance 100 N. Garfield Ave. (626) 744-4643 $1,558,717.00 06/14 Pasadena, CA 91109 City of Perris Brad Brophy Mapes Road/Gilmore Road 101 North "D" Street brad trilakeconsultants.corn $380,00.00 03/14 (951) 943-6504 Perris, CA 92570 City of La Mirada Gary Sanui Phase 3 Street Rehab 13700 La Mirada Blvd. gsanui(@cityofIarnirada.orq $1,075,484.00 06/14 (562) 943-0131 La Mirada, CA 90638 ATTACHMENT ,4 7f¢rdy zs 9farper, Inc. Owner/Agency Contact Project (Amount & End Date) City of Yorba Lunda Bastanclmry Road Street. P.O. Box 87014 Mark L. Stowell., PE Rehabilitation Yorba Linda, CA 92885- (714)961-7170 8714 mstowell@yorba.lixnda.org 86 506,000.00 1/1.2 City of Hemet Jorge Biagioni, PE Lyon Avenue Rehab 445 N, Florida Ave. (951)765-2360 Hemet, CA 92543 jbiagioni@cityof7aentel.,org S6 532,000.00 3/12 City of Irvine Darrell Hartman, PE Culver Drive Street One Civic Center Plaza (949)724-5640 Rehab ISVinC,C.A 92623-9575 dhartmana)ciJrvine.ca.us 8 790,000.00 2/12 City of Perris Chris Sun.de, PE Downtown Street & Alley 101 North D Street Tri Lake. Consultants Rehabilitation Perris, CA 92572 (951)943-6504 chris@trilakeconsultants.com 5:1,876,000.00 2/1.2 City of Gardena John Felix, Associate Engineer Denker Ave et al 1717 W, 1.6V Street (310)217.9643 Street Improvements Gardena, CA 90247 jfelix@ci.gardeoa.ca.us $ 1,118,000.00 2/12 ATTACHMENT A 71-ardy (s 9Aaiper, Inc. Owner/Agency Contact Project (Amount & End Date) City of Laguna Niguel Frank Borges, PE 10-11 Overlay & Sub Drain 27791 La Paz Road (949)362-4325 Improvements Laguna Niguel, CA 92677 f.bnrges@ci.laguna- 3 1,573,000.00 4/1.1 nigual.ca.us City of Fontana. Keith Framer, PF, AR.ANT Pavement. Rehab 8353 Sierra Avenue (909)350-6644 Fontana, CA 92335 kkramer@fontana.org $ 1,430,000.00 3/11 City of Palos Verdes Estates Floriza Rivera, PE 10/11 Overlay Project 340 Palos Vrrdes Drive West (310)378-0383 x 2221 Palos Verdes Estates, CA f'rivera@pvest.at.es.org 9 672,000.00 3/11. 90274 City of Cud -ally Carlos Alvarado, P E Live Oak Street Rehab 5220 Santa Ana Street, RSCC Engineering Cudahy, CA 90201 (626)705.3258 S 623,000.00 3/11 rscceng@aol.com City of Carson Thele Boutros, PE Annual Overlay Program 701 E. Carson Street (310)952-1700 Carson, CA 90745 rboutros@carson.ca.us S 1,632,000.00 1/11 w �. ri 1t E.... i `t... t� ° 2CZGZ` lzr�u�r� Gl3G���cZC`.•Z�C� S NIT LIC. NUIfiber 21 952' 1312 FAST %YARNER AVENUEi SANTA ANA, CA 9,2 705 (71•t) 444-1851 a FAX (7141) 444-2801 10-18-15 Attn: Nicole McCalmont Sr. Engineering Technician Re: FY 2015/2016 Citywide Pavement Rehabilitation Program Phase 5 Bid Clarification Addendum Acknowledgement Dear Mrs. McCalmont, Hardy and Harper did, in fact receive both Addendnms 1 and 2 for the above mentioned project in advance of the 'bid yesterday at 2:00pm. H&H acknowledge both addendums respectively and the bid Was made taking both addendums into account. Failure to mark the X next to addendiims 1 and 2 was an inadvertent error and H&H' will adhere to ALL aspects covered in both addendums 1 and 2 respectively. if you have any questions or require any further clarifications, please don't hesitate to give me a call. Vice President Hardy and Harper 714 444:1851 CnRVonnrli owacC 3060 G Birch Slreet Brea, CA 92621 17141964-5500 1 -as 1714) 054-9754 COMM [AlAoU 1125 Carrlor N,11,1ay Ave. 6akarcfleld, GA 93306 16611392-6640 fox 1661] 393-952b Snvracen Reoten 12200 Bloomtiold Ava. Snonn ,e sPdnO>. CA 90670 [562J 929-1126 Fax j562) 664-0970 F/ISiCRI! FL'G(ON 4756 Mtmo. BNd Montal.ir, CA 91762 (909] 270--5040 Fax 10091270-5042 9muCTURr Drvlslon :1050 E_ Bim, Street Inca, CA 92621 17141984-5500 Fax 17141654-0227 Uueencaouuo Dimino 3050 E, Birch SUocl Bwa, CA 92821 [7141984-5500 F.x [714) 051-0226 LGNOSCw,F DINsiou 3050 F. Birch Sveet Bre., CA 92821 17141 984.5500 Fox 17141 054-7643 Concn,,rn DlmsuN( 12,200 Blo.nihold Avo. Svnta Fe Sponge, CA 90670 [5621 929-1120 Fa.e 15621864-6970 MAYreW.S 0IYr510N 3050 F., Birch Strael Brea, CA 92621 [7141984-5500 F 17141 654.0229 nal CA Contractors l.lo.nse 906 No Contractors Llconse 970069 AZ Contractors Lieensc0292209 T 901 Z" G RI FFIT[-I COMPANY 10/14/2015 Ken Rukavina, PE Nicole McCalmont, Senior Engineering Technician Lake Elsinore City Hall 130 South Main St. Lake Elsinore, CA 92530 Re: FY 2015-2016 Citywide Pavement Rehabilitation Program — ]'base 5 Subject: Formal Protest of Hardy roc Harper Inc. Bid Dear Mr. Ken Rukavina, Griffith Company is aware that the above mentioned contractor (Hardy & Harper Inc.) did not acknowledge Addendums #I and 112. The Specifications, in two different locations state, "If an addendum or addenda have been issued by the City and not noted above as being received by the Bidder, the Bid Proposal may be rejected..." (Instruction to Bidders—Item C & Bid Documents— C-5). Griffith Company's primary objection is that Hardy & Harper Inc. failed to acknowledge Addendum 112. In the Bid Documents, this Addendum 42 replaced, "Technical Provisions" for the Signing, Striping and Pavement. Markers operafion(s). With these changes, Hardy & Harper Inc. had an inequitable bid advantage. Therefore, Griffith formally protests the bid by Hardy & Harper Ina be declared nonresponsive and requests the contract be awarded to the next low apparent bidder, Griffith Company. Sincerely, GRIFFITH COMPANY Michael R. Black Project Engineer/Estimator Griffith Company is an epual opporfunity employer and an employee -owned company. Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 15-801 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 10/2212015 CITY OL LADE LSINOP � M DREAM EjCTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: Consideration to an Amendment to COA 102 and Agreement for the Construction of Improvements - VTTM 28214, Alberhill Ranch Recommendation 1. Approve the finding that the Lake Street/1-15 improvements required by Condition of Approval No. 102 to VTTM 28214 be completed at the 4861h Certificate of Occupancy. 2. Authorize the City Manager to execute the Agreement for Construction of Improvements in substantially the form attached and in such final form consistent with the finding above and as approved by the City Attorney. Background In November 2003, the Alberhill Ranch residential development was processed through the City Planning Commission and City Council by the Castle & Cooke Companies. Located on the south side of Lake Street between Mountain Avenue and Coal Road, this residential development consisted of 1,178 single family residential units plus potential for two multi -family (for a potential total of 1,612 dwelling units), a public park, proposed elementary school and a private park. In 2006, at the request of the developer, condition of approval number 102 for TR 28214 and condition of approval number 90 for TR 30836 were re-evaluated and modified based on an updated traffic study. These changes are identified on the attached staff report, Attachment "B", dated June 13, 2006. In late 2010, at the request of the developer, condition of approval number 102 for TR 28214 and condition of approval number 90 for TR 30836 were re-evaluated and modified based on a 2010 updated Traffic Impact Study. These changes are identified Consideration to an Amendment to COA of Improvements - VTTM 28214, Alberhill October 27, 2015 Page 2 102 and Agreement for the Construction Ranch on the attached staff report, Attachment "C", dated August 28, 2011. As a part of the approved changes, a portion of condition of approval number 102 for TR 28214 was revised to state "Require signals and widening at 464th CofO or later as determined by the City Engineer based on an updated traffic study". Discussion In August 2015, the developer submitted a report prepared by Linscott Law & Greenspan entitled "Updated Conditions of Approval Evaluation for the Alberhill Ranch Development (46411 Certificate of Occupancy), Attachment "D", dated August 13, 2015. This report was submitted for the purpose of re-evaluating that portion of condition of approval 102 stating "Require signals and widening at 464th CofO or later as determined by the City Engineer based on an updated traffic study". The study concludes that the signals and widening would be needed at the 486th CofO. The Linscott Law & Greenspan report has been reviewed and approved by the City Engineer and Contract Development Engineer. The developer has prepared construction plans for the signal and widening improvements (Exhibit "E") and has submitted them to Caltrans for review. The developer has executed an Agreement for the Construction of Improvements and provided bonds for the completion of the improvements. Authorizing the Mayor to execute the Agreement for Construction of Improvements will satisfy the project condition of approval requiring signals and widening at Lake Street. Fiscal impact None. All costs related to the improvements associated with these actions will be borne by the developer. Prepared by: Roy Stephenson Contract Development Engineer Approved by: Grant M. Yates City Manager Attachments: Vicinity Map A) November 25, 2003 Approval TT28214 & TT30836 B) June 13, 2006 Revision Approval C) August 23, 2011 Revision Approval D) August 13, 2015 Linscott Law & Greenspan Report E) Proposed Improvement Plans Agreement for Construction Improvement Faithfull Performance Bonds Labor and Material Bond VICINITY MAP A'T'TACHMENT A CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF NOVEMBER 25, 2003 SUBJECT: VESTING TENTATIVE TRACT MAP NOS. 28214 AND 30836, AND ADDENDUM NO.2 TO THE ALBERHILL RANCH SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT APPLICANT Castle and Cooke California, Inc. 300 W. Potrero Thousand Oaks, CA 91361 REQUEST Request that the City Council approve the following applications: 1. Approve Vesting Tentative Tract Map No. 28214. 2. Approve Vesting Tentative Tract Map No. 30836. 3. Certify Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. BACKGROUND Staff presented the three applications at the November 4, 2003 Planning Commission meeting. The Planning Commission heard staffs report, accepted public testimony, considered the applications, and adopted the following resolutions: 1. Resolution No. 2003-101, which recommended that the City Council certify Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. 2. Resolution No. 2003-102, which recommended that the City Council approve Vesting Tentative Tract Map No. 28214. 3. Resolution No. 2003-103, which recommended that the City Council approve Vesting Tentative Tract Map No. 30836. Please refer to Attachment A for the staff report and minutes front the November 4, 2003 Planning Commission meeting. The Planning Commission staffreportfuther describes the proposed project. ATTACHMENT A REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE 2 SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR PROJECT LOCATION Vesting Tentative Tract Map Nos. 28214 and 30836 are generally bounded on the north by the 1-15 Freeway, on the south by Terra Cotta Road/Nichols Road, on the east by EI Toro Road, and on the west by Lake Street. Specifically, Vesting "tract Map No. 28214 is located along Lake Street; Vesting Tract Map No. 30836 is located near the existing Lake Elsinore Outlet Mall, near Collier Avenue. Please refer to Attachment B for a Location Map. PROJECT DESCRIPTION The City Council is being requested to review and approve the following applications: 1. Vestinj4 Tentative Tract Man No. 28214: The proposed Vesting Tentative Tract Map encompasses approximately 392 acres of the Murdock Alberhill Ranch Specific Plan area. Referto Exhibit C which is a reduction of Vesting Tentative Tract Map No. 28214. The following describes proposed features and improvements: Proposed Lots: The vesting tract map proposes 1,018 total lots in the following: • 970 single-family detached residential lots • One large lot for multi -family residential units (190 units maximum) • Two lots for either commercial or multi -family residential units • Three lots for parks and recreational facilities • Two lots for a water tank • 40 lettered lots for HOA -maintained slopes and open spaces Proposed Lot Size: 261 of the proposed 970 single-family detached lots range in size from 5,000 to 18,577 sf, with an average lot size of 6,434 sf. The other 709 single-family detached lots range in size from 5,500 to 17,594 sf., with an average lot size of 7,422 sf. Proposed Roadway Improvements: Regional access to the site will be provided fi-om Nichols Road and Lake Street off of the 1-15 Freeway. Improvements to Terra Cotta Road and Mountain Street are also required. Collector and Local Streets will also be provided with the project. 2. Vestintz Tentative Tract Map No. 30836: The proposed Vesting Tentative Tract Map encompasses approximately 108 acres ofthe Murdock Alberhill Ranch Specific Plan area. Referto Exhibit D which is a reduction of Vesting Tentative Tract Map No. 30836. The following describes proposed features and improvements: Proposed Lots: The vesting tact map proposes 219 total lots in the following: • 208 singlc-family detached residential lots • One large lot for a school site and public park • One lot for a private park • Nine lettered lots for HOA -maintained slopes and open spaces ATTACHMENT A REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR Proposed Lot Size: The proposed 208 single-family detached lots range in size from 5,500 to 11,207 sf, with an average lot size of 6,788 sf. Proposed Roadway Improvements: Regional access to the site will be provided from Nichols Road off of the 1-15 Freeway. Local Streets will also be provided with the project. Addendum No. 2 to the Alberhill Ranclr Specific Plan Final EIR: The City certified the Final Environmental Impact Report for the original Alberhill Ranch Specific Plan in 1989 (State Clearinghouse No. 88090517). Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR was approved by the City in 1992 which evaluated environmental impacts resulting with Amendment No. 2 to the Alberhill Ranch Specific Plan which was proposed by Murdock Development. AddendumNo.2 to the Final Alberhill Ranch Specific Plan EIR has now been prepared to evaluate environmental impacts resulting with proposed Vesting Tentative Tract Map Nos. 28214 and 30836. The Addendum No. 2 EIR document is prepared in accordance with Section 15164 of the State CEQA Guidelines and concludes that significant environmental impacts will not result with implementation of those mitigation measures contained in the original 1989 Final Alberhill Ranch Specific Plan EIR, 1992 Addendum No. I EIR, and proposed Addendum No. 2 EIR. DISCUSSION Staff supports the requested Vesting Tentative Tract Maps and recommends approval for the following reasons: The Proposed Vesting Tract Maps Implement Intended Land Uses Designated in the Murdock Alberhill Ranch Specific Plan: As discussed, the proposed Vesting Tentative Tract Maps are located within and regulated by the Murdock Alberhill Ranch Specific Plan. The Specific Plan intends for those uses proposed with the Vesting Tract Maps, including detached and attached residential product, neighborhood commercial uses, a school, parks and recreational facilities, and common open spaces to be constructed at those specific locations being depicted in the Vesting Tract Maps. The proposed vesting tract maps represent the first step in implementing the intended land uses for the project sites. The proposed Vesting Tract Maps do not conflict with the intended land uses and their respective locations, and standards, objectives, and guidelines contained in the Murdock Alberhill Ranch Specific Plan. 2. The Proposed Vesting Tract Maps Comply With Design Standards Contained in the Murdock Alberhill Ranch Specific Plan: City Planning and Engineering staff have reviewed the proposed Vesting Tentative Tract Maps and have no concerns, if required conditions of approval and mitigation measures are satisfied. The proposed Vesting Tentative Tract Maps are consistent with development standards contained in the Murdock Alberhill Ranch Specific Plan document in terms of minimum lot sizes, lot widths and depths, street widths, and other Planning and Engineering standards and requirements. The Vesting Tentative Tract Maps are consistent with the City's Subdivision Ordinance and the Subdivision Map Act. The Planning Commission was generally supportive of the project and did not express any significant concerns. A member of the public did inquire about increased traffic along Baker Street and runoff percolation. The City Engineer responded that the project's proposed roadway improvements ensure that project -generated ATTACHMENT A REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE 4 SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR traffic along Baker Street will not be excessive and also indicated that project improvements will properly convey runoff to the public drainage system. The applicant accepted the Conditions of Approval during the Planning Commission meeting. ENVIRONMENTAL The Addendum No. 2 EIR is prepared in accordance with Section 15164 of the State CEQA Guidelines and sufficiently evaluates impacts resulting with the proposed vesting tentative tract maps and other applicable issues. The Addendum No. 2 EIR concluded that significant environmental impacts will not result with implementation of those mitigation measures contained in the original 1989 Final EIR, 1992 Addendum No. 1 EIR, and proposed Addendum No, 2 EIR. RECOMMENDATION It is recommended that the City Council approve the following applications: 1. Certify Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. 2. Approve Vesting Tentative Tract Map No. 28214. 3. Approve Vesting Tentative Tract Map No. 30836. FINDINGS Addendum No. 2 To Final Alberhill Ranch Specific Plan EIR 1. The Addendum No. 2 EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in its evaluation of all environmental effects of Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals. Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mitigation measures. 2. The proposed vesting tract maps will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed vesting tract maps do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council finds thatthe Addendum No, 2 EIR is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. 5. The Addendum No. 2 EIR and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. ATTACHMENT A REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGES SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR Vesting Tentative Tract Man No. 28214 1. VTTM No. 28214, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The effects that VTTM No. 28214 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of VTM No. 28214 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) Vesting Tentative Tract Man No. 30836 VTTM No. 30836, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects that VTTM No. 30836 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Tire design of VTM No. 30836 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) PREPARED BY: Duane Morita, Senior Planner REVIEWED BY: APPROVED BY: APPROVED FOR AGENDA LISTING: Armando G. Villa, Planning Manager Bob Brady Community Development Director City Manager's Office ATTACHMENT A REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE 6 SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPE1R ATTACHMENTS Attachment A: November 4, 2003 Planning Commission staff report and minutes Attachment B: Location Map Attachment C: Reduction of VTTM No. 28214 Attachment D: Reduction of VTTM No. 30836 Copy of Addendum No. 2 to Final Alberhill Ranch Specific Plan EIR Full-size copy of VTTM Nos. 28214 and 30836 ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 PLANNING DIVISION General Conditions I. Vesting Tentative Tract Map No. 28214 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of tune (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 28214 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project -related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Alberhill Ranch Specific Plan FIR, 1992 Addendum No. I to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan FIR. 8. All future proposals shall be reviewed by the City on a project -by -project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Ifthe City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. AT'rACHMENf A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant steal l sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Comuumity Development Department. 12. The applicant shal I revise the Draft Addendum No. 2 EIR, per comments from the City Attorney, prior to City Council certification of the document. Prior to Final Tract Map Approval 13. All lots shall comply with applicable standards contained in the Murdock Alberhill Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to Desitin Review Approval 18. All future structural development associated with the Murdock Alberhill Ranch Specific Plan and VTI'M No. 28214, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Grarline Permit Issuance 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberhill Ranch Specific Plan document. 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading easements shall be coordinated with affected property owners. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 23. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to 6niidine Permit Issuance 25. The applicaut shall pay all appropriate traffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 27. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAI' NO. 28214 (Continued) 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire VTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost ofstreet lighting. installation as well as energy charges shall be the responsibility ofthe applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). The applicant shall pay the City's traffic mitigation fee of $1,197 per unit at building permit and the drainagefee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Distr.). 45. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 46. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 47. Street improvement plans and specifications shall be prepared by a Calif Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12,04 and 16.34). 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 49. Desirable design grade for local streets should not exceed 9.5%. The maximum grade of 15% should only be used because of design constraints. 50. The laudscaped median in Lake Street and Nichols Road shall be 14 ft. wide and not 24 feet. 51. The intersection of Street II with Collector A shall be eliminated and Sheet II shall end in a cul-de-sac at Collector A. Street 11 shall connect to Street GG or Street JJ just south of Collector A. 52. The intersection of Collector A and Street C shall be relocated south and should be opposite H Street. 53. Collector "A" shall have a minimum horizontal radius of 650 feet and the minimum design speed shall be 35 mph. 54. Terra Cotta Road shall have a 90 ft. Right-of-way, 70 ft. curb to curb and a 14 ft. painted median not a raised landscaped median. 55. Nichols Road shall have a 120 ft. right-of-way, 96 ft curb to curb and a 14 ft. raised landscaped median. 56. Lake Street shall have a 120 ft. right-of-way, 96 ft. curb to curb and a 14 ft. raised landscaped median. 57. Dual lefts may be required on Lake St. at Nichols Road, this section of Lake St. shall have the R/W increased 12 ft. with appropriate tapers installed. 58. Provide an in -lieu fee of $ 87,360.00 for half the landscaping in a raised landscaped median for Lake St. and Nichols Road. 59. Applicant shall pay a fee for reconstructing the existing ultimate half street width of Nichols Road and Lake St. to the ultimate full street width along the tract boundary, the amount for reconstruction subject to the approval of the City Engineer. 60. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 62. The applicant shall install 3 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 63. Applicant shall obtain all necessary off-site easements for off' -site grading from the adjacent property owners prior to final map approval. 64. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 65. Provide fire protection facilities as required in writing by Riverside County Fire. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 69. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 70. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 71. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by aCalif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 72. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 73. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 74. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. it) height shall be contoured. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. On-site drainage facilities located outside of road right-of=way should be contained within drainage casements shown on the final map. A note should be added to the final snap stating: "Drainage easements shall be kept free of buildings and obstructions". ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAI' NO. 28214 (Continued) 77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District pi ior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. Storm drain inlet' facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 81. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Root drains should drain to a landscaped area when ever feasible. 82. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 83. Any concentration or diversion of drainage which increases flow from the pre -construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stormwater run-off on private property. 84. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 85. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 86. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 88. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contributeto protection of storruwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE, TRACT MAP NO. 28214 (Continued) 90. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 91. The landscaping in the median and parkway on Collector A shall be analyzed by atraffic or civil engineer to insure that the sight distance meets Caltrans Design Manual criteria. 92. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 93. No residential lot shall front and access shall be restricted on Collector A, Nichols Road, and Lake Street and so noted on the final map. 94. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 95. Applicant shall record CC & R's for the tract prohibiting on -street storage of boats, motorhomes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 96. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space, 97. Developer shall provide an approved open space conservation easement dedicated to the HOA for the tracts' open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 98. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 99. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a ]ionic owner's association or private property owner. 100. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 101. The phasing plan in the project's traffic study does not match that shown on Tentative Tract Map 28214. The traffic study's phasing plan shall be used in the conditions ofapproval. "There shall be no C of O in Phase 2 until Phase 1 offsite infrastructure has been completed. There shall be no C of O in Phase 3 until Phase 2 offsite infrastructure has been completed. 102. The mitigation measures noted in the traffic study from page 1-5 through page 1-13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and/o' added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C of 0 threshold fo each Phase. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) Phase 1 Imm-ovements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 24011' C of O. • Lake Su-eet and the north/southbound ramps, the improvements shall be completed by the 240"' C of O. • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 24011' C of O. • Lake Street and Collector "A", the improvements shall be completed by the 24011' C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 240t" C of O. Phase 2 Improvements • Lake Street curves north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464"' C of O of Phase 2. • hake Street interim roadway improvements may be reduced to 62 ft. of R/W to accommodate a 1,750 ft. radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a reconstruction replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 46411' C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 46411i C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2 -lane divided road including 2 -lane bridge over Alberhill Creek by the 464111 C of O of Phase 2. • Developer shall work with the City on adesign to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. • Nichols Road and the northbound 1-15 ramps, construct a traffic signal by the 464"' C of O of Phase 2. • Nichols Road and the southbound 1-15 ramps, construct a traffic signal by the 46411' C of of Phase 2. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A". • Install pedestrian walkway along southerly side ofNichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) Phase 3 1 mprovements • Lake Street from 1-15 Freeway to Nichols Road, construct interim 4 -lane section by the 650111 C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the 1" C of O in lot 974. • Lake Street and 1-15 Freeway SB -ramps, install NB right turn lane by 650"' C of O of Phase 3. • Collector "A" and Nichols Road construct traffic signal by the 650th C of O of Phase 3. • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 10011i C of O of Tr. 30836, whichever is first. • Collier Avenue and Nichols Road, construct intersection improvements by the 65011' C of O of Phase 3. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAI) NO. 30836 PLANNING DIVISION General Conditions 1. Vesting Tentative Tract Map No. 30836 will expire two years fi om date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 30836 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project -related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Alberhill Ranch Specific Plan EIR, 1992 Addendum No. I to the Final Alberhill Ranch Specific Plan FIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan EIR. 8. All future proposals shall be reviewed by the City on a project -by -project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall revise the Draft Addendum No, 2 FIR, per comments from the City Attorney, prior to City Council certification of the document. Prior to Find! Tract Map Approval 13. All lots shall comply with applicable standards contained in the Murdock Alberhi 11 Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. IT Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to Desi,�n Review Approval 18. All future structural development associated with the Murdock Alberhill Ranch Specific Plan and VTTM No. 30836, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Gradine Permit Issuance 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberhill Ranch Specific Plan document. 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading easements shall be coordinated with affected property owners. ATTACHMENTA CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 23. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval ofthe City Engineer and the Planning Division. Analysis of impacts of fills and cuts greaterthan 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building,, Permit Issuance 25. The applicant shall pay all appropriate traffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 27. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as theArticles of Incorporation for the Association; and Covenants. Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall moss adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire VTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout Of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). Applicant shall pay the City's traffic mitigation fee of $1,197 per unit and the drainage fee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Distr.). 45. Submit a "Will Serve" letterto the City Engineering Division from the applicable water agency statinglhal water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 46. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 47. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 49. Desirable design grade for local streets should not exceed 9.5%. The maximum grade of 15% should only be used because of design constraints. 50. The landscaped median in Nichols Road shall be 14 It. wide not 24 feet. 51. D Street shall have a right-of-way of 70 ft. with 50 ft. curb to curb to provide for a continuous left turn median. 52. If sight distance at B Street and G Street cannot meet Caltrans Design Manual criteria, then B Street shall end in a cul-de-sac and there shall be a connection between B Street and C Streetjust south of G Street. 53. Nichols Road shall have a 120 ft. right-of-way, 96 ft. curb to curb, and a 14 ft. raised landscaped median. 54. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 56. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 57. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval or grading permit which ever occurs first. 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59. Provide fire protection facilities as required in writing by Riverside County Fire. 60. Provide street lighting and show lighting improvements as part of sleet improvementplans as required by the City Engineer. 61. Developer shall install blue reflective pavement markers in the street at all mire hydrant locations. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 62. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 63. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC lofo/GIS or developer to pay $300 per sheet for City digitizing. 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 65. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 66. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 68. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 69. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 70. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 76. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of --way. When either of these criteria are exceeded, drainage facilities should be installed. 77. Any construction or diversion of drainage which increases flow from the pre -construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stormwater run-off on private property. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 80. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 81. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from this development. 83. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 84. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 85. Developer shall provide a traffic study prepared by atraffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineer. 86. No residential lot shall front and access shall be restricted on Nichols Road, G Street and A Street and so noted on the final map. 87. If right -of way is abandoned as pant of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 88. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal ofall waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 89. The phasing plan in the project's traffic study does not match that shown on Tentative Tract Map 28214. The It study's phasing plan shall be used in the conditions of approval. There shall be no C of O in Phase 2 until Phase I offsite infrastructure has been completed. There shall be no C of in Phase 3 until Phase 2 offsite infrastructure has been completed. 90. The mitigation measures noted in the traffic study from page 1-5 through page 1-13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and/or added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C ofC) threshold for each Phase. Phase 1 Improvements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 24011' C of O. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 240'" C of O. • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 24011' C of O. • Lake Street and Collector "A", the improvements shall be completed by the 24011' C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 2411' Certificate of Occupancy (C of 0). Phase 2 Improvements • Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 4641" C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 feet of R/W to accommodate a 1,750 -foot radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 46411' C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 46411' C of of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2 -lane divided road including 2 -lane bridge over Alberhill Creek by the 46411' C of O of Phase 2. • Developer shall work with the City on design to realign Collier Avenue at Nichols Road to the west away fiom the freeway allowing more storage 1'or entry to the freeway ramps. • Nichols Road and the northbound 1-15 ramps, construct a traffic signal by the 4641" C of0 of Phase 2. ATTACHMENT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) • Nichols Road and the southbound 1-15 ramps, construct a traffic signal by the 464" C of O of Phase 2. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A". • Install pedestrian walkway along southerly side ofNichols Road from Tena Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from I-15 Freeway to Nichols Road, construct interim 4 -lane section by the 65011' C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the first C of O in lot 974. • Lake Sheet and I-15 Freeway S13 -ramps, install NB right turn lane by 650111 C of O of Phase 3 • Collector "A" and Nichols Road construct traffic signal by the 650 C of O of Phase 3. • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 100t1, C of O of Tr. 30836, whichever is first. • Collier Avenue and Nichols Road, construct intersection improvements by the 650", C of O of Phase 3. ATTACHMENT A ATTACHMENT A NOVEMBER 4, 2003 PLANNING COMMISSION STAFF REPORT AND MINUTES ATTACHMENTB CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 1312006 SUBJECT: MODIFICATIONS TO CONDITION OF APPROVAL NO. 102 FOR VES'T'ING TENTATIVE TRACT MAP (VTTM) NO. 28214 AND CONDITON OF APPROVAL NO. 90 FOR VESTING TENTATIVE TRACT MAP NO. 30836 (MURDOCK ALBERHILL RANCH SPECIFIC PLAN). APPLICANT: CASTLE & COOKE ALBERHILL RANCH, INC., P.O. BOX 1402 LAKE ELSINORE, CA 92531 REQUEST ■ Approval to modify the ung details for certain circulation improvements required under Condition of Approval No. 102 for Vesting Tentative Tract Map (VTTM) No. 28214 and Condition of Approval No. 90 for Vesting Tentative Tract Map (VTTM) No. 30836 located within the Murdock Alberhill Ranch Specific Plan. BACKGROUND At the regularly scheduled City Council meeting on May 23, 2006, Staff presented a request from the Alberhill Ranch Development to modify conditions of approval number 102 for VTTM 28214 and condition of approval number 90 for VTTM 30836. The City Council requested clarification of the timeline for implementation of the proposed changes and directed Staff to apply dates certain for various improvements, as applicable. Staff has met with the Applicant and submits the following clarification and dates for consideration by the City Council at this meeting on June 13, 2006. The item is agendized for Council consideration because Council was the original approving body for the project. Prior to May 23rd, Staff met with the Page 34 of 46 ATTACHMENT REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE2OF6 applicant and reviewed the supporting documentation to the proposal and is in agreement with the concept of the requested changes. Both VTTM No. 28214 and VTTM No. 30836 were approved by the City of Lake Elsinore City Council on January 1.3, 2004, subject to certain Conditions of Approval (See Attachment No. 1). Condition of approval No. 102 and condition of approval no. 90, although on different maps, were identical in substance and required various on and offsite circulation improvements to be completed in three (3) separate phases. Phase 1 improvements were required by the 240" Certificate of Occupancy ("C of 0"); Phase 2 improvements were required by the 464`" C of 0; and Phase 3 improvements were required to be completed by the 650`s C of 0. DISCUSSION Included in this request for change to the conditions are some minor refinements to the original conditions of approval, specifically the need for Traffic Signal Warrant Studies. As a requirement of the project, signalized intersections at the Nichols Road and the freeway ramps, and Lake Street and the freeway ramps are included as off-site improvements. The signal design will require CALTRANS processing as the locations are completely within CALTRANS right-of-way. As a policy, the CALTRANS permitting process cannot begin until the intersection(s) has met one of the criteria warranting a traffic signal and this fact is the cause of some of the proposed changes. The two most significant improvements being addressed are the Lake Street/Temescal Canyon Traffic Signal installation and the construction of the bridge over Temescal Creek and the subsequent connection to Collier Avenue. Signalizing the Lake Street intersection at Temescal Canyon Road will benefit many of the residents as the need for the signal exists today. As written, the approved condition requires the "intersection improvements" to be completed by the 240`h C of O. It is proposed that an interim traffic signal be constructed and functioning at the 240'h C of 0 while the ultimate alignment of Lake Street is being designed. This realignment will likely shift the roadway to the west and shift the intersection further away from the southbound on/off ramps. Once the realignment of Lake Street is under way, the ultimate intersection with Temescal Canyon Road will be built concurrently. It is identified that the intersection improvements be completed by the 650`h C of O. Page 35 of 46 ATTACHMENT B REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE 3 OT 6 Second of the two most significant changes has to do with the constructing the bridge over Temescal Creek and its subsequent connection with Collier Avenue. Originally, the conditions required the bridge connection to be completed by the 464'11 C of 0 and the applicant is asking that number be revised to the 950°i C of 0 or completed by December 31, 2008, which ever comes first. In an effort to address the concerns of Staff, the applicant is proposing to construct Nichols Road in its two lane configuration, raise a portion of the roadway to minimize flooding and utilize the existing creek crossing. This work is proposed to be completed by April 01, 2007. Concurrently, the project will continue to process through the Army Corps of Engineers to gain the required permits and move forward into construction. Below are the proposed changes. A "strike through" represents the language in the original condition of approval which is being removed. The "italicized" language represents the new language to be added: Phase 1 Improvements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 240'h C of 0. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 240 464' C of O or at such a time that the CALTRANS signal warrant is satisfied. • Lake Street and Temescal Canyon Road, interim signalization and intersection the improvements shall be completed by the 240`' C of O, and the ultimate intersection improvements by the 650`h C of O. • Lake Street and Collector "A", the improvements shall be completed by the 240C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 240'h C of -0. Page 36 of 46 REPORT TO CITY COUNCIL NNE 13, 2006 PAGE 4 OF 6 Phase 2 Improvements ATTACI3MENT B • Lake Street curves, north of the curve improved in Phase 1, shall. be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464"' C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 feet of R/W to accommodate a 1,750 ft. radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a reconstruction replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 464 h C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 464`" C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2-Iane-diY44edroad in"' . To minimize the effects of a significant flood event, should one occur during this one year extension, a section of the existing Nichols Road curve west of Collier Avenue (approximately 400 feet in length) will be raised two (2) feet in elevation to be completed by April 1, 2007 as identified by the City Engineer. The 2 - lane bridge over Temescal Creels shall be completed by ^" ^�z�oAiilt-C+e-& December 31, 2008 or by the tlie46414 r „r n of -phase 2 950`h C of O whichever occurs first. • Collier Avenue and Nichols Road, construct intersection improvements by the 658' 950`' C of O of Phase 3. (moved from Phase 3 requirements) • Developer shall work with the City in the event the City proceeds with on a design prior to the commencement of Developer's Phase 2, to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. Page 37 of 46 ATTACHMENT B REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE 5 Or 6 • Nichols toad and the northbound I-15 ramps, cot�:ruct a traffic signal by the 464t11 C of O of Phase 2 or at a later date as determined by the City Engineer and approved by Caltrans. • Nichols Road and the southbound I-15 ramps, construct a traffic signal by the 464`" C of O of Phase 2 or at a later date as determined by the City Engineer and approved by Caltrans. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A". • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from I-15 Freeway to Nichols Road, construct interim 4 -lane section by the 650t" C of O of Phase 3 or at a later date as determined by the City Engineer, pending the potential realignment of Lake Street in this segment. An updated traffic analysis shall be required at the conclusion of the Phase Z improvements noted above to examine the appropriate timing of this street segment. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the Is' C of O in lot 974. • Lake Street and I-15 Freeway SB -ramps, install NB right turn lane by 65W' C of O of Phase 3 unless delayed pursuant to updated traffic study for Phase 3 improvements as noted above. • Collector "A" and Nichols Road construct traffic signal by the 650th C of O of Phase 3. Page 38 of 46 ATTACHMENT B REPOWF TO CITY COUNCIL JUNE 13, 2006 PAGE460F6 "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal beer eupanGy of the sebeel siter by the 100`h C of O of Tr. 30836 Illi Poll e -'ver is F, -St RECOMMENDATION Staff recommends approval to the modifications to Condition of Approval No. 102 for Vesting Tentative Tract Map No. 28214 and Condition of Approval No. 90 for Vesting Tentative Tract Map No. 30836, as referenced above. PREPARED BY: ROLFE M. PRE ISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT APPROVED FOR: AGENDA BY ATTACHMENTS: CITY MANAGER'S OFFICE 1. May 23, 2006 Staff Report 2. Vicinity Map 3. Original January 13, 2004 City Council Conditions of Approval for Vesting Tentative Tract Map No(s). 28214 and 30836. 4. Updated. Traffic Impact Analysis by Linscott, Law & Greenspan dated November 16, 2006. Page 39 of 46 ATTACHMENT C TCCTY Of T KJE DREAM. EXTREME REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 23, 2011 SUBJECT: MODIFICATION TO CONDITIONS OF APPROVAL FOR VTTM 28214 AND VTTM 30836, ALBERHILL RANCH Background In November of 2003, the Alberhill Ranch residential development was processed through the City Planning Commission and City Council by the Castle & Cooke Companies. Located on the south side of Lake Street between Mountain Avenue and Coal Road, this residential development consisted of 1,178 single family residential units plus potential for two multi -family (for a potential total of 1,612 dwelling units), a public park, proposed elementary school and a private park. In 2006, at the request of the developer, condition of approval number 102 for TR 28214 and condition of approval number 90 for TR 30836 were re-evaluated and modified based on an updated traffic study. These changes are identified on the attached staff report, Attachment "B", dated June 13, 2006. In late 2010 Castle & Cooke along with their development team approached City staff with a request to re-evaluate the Alberhill Ranch conditions number 102 and 90 for TR 28214 and TR 30816 respectively. Several meetings were held between the City and the development team to discuss the traffic studies used to support the requested changes. One of the biggest variables both parties are dealing with are the impacts of the real estate market conditions. Staff and developer met, analyzed and compared the traffic impacts based on recent studies to their corresponding conditions of approval. Discussion In December of 2010, a request was submitted to City staff by Castle & Cooke asking to have condition 102 of TR 28214 and condition 90 of TR 30836 revised. These two conditions were a product of Traffic Impact Studies used to identify the impacts of the AGENDA ITEM NO. 15 Page 1 of 46 ATTACHMENT Request for Revised Conditions August 23, 2011 Page 2 development on the current circulation system. For the sake of reference, the Alberhill Ranch Development is located east of Lake Street between Mountain Avenue and Nichols Rd (formally Coal Rd) and southwest of Nichols Road. The main issues relate to the timing of improvements required on and associated with Lake Street and on Nichols Road. Staff reviewed two Traffic Impact Studies (TIS), the original study completed in 2003 ('03TIS) and a 2010 updated study ('10TIS). The '10TIS was submitted by Linscott, Law & Greenspan as an updated report on the current status of development in the area and the resulting affect of TR 28214 and TR 30836 on the roadways. Attachment "C" to this staff report is a detailed summary of the affected conditions, the proposed changes from the developer and City staff's review. The following is a point by point listing of the current condition followed by staff's recommendation to the Council as a result of our study review and discussions with the development team: 1. Realignment of Lake St. curve —Condition satisfied. 2. Signalize and widen Lake St. at the 1-15 ramps by end of phase 1 (24d° D. U.) Recommend: Require signals and widening at 464`" CofO or later as determined by the City Engineer based on an updated traffic study. 3. Build ultimate intersection at Lake/Temescal Canyon by 65d" CofO Recommend: Construct ultimate intersection by project buildout. 4. Build ultimate intersection and signalize Lake at Alberhill Ranch Rd. - Condition satisfied. 5. Build ultimate intersection and signalize Lake at Mountain -Condition satisfied. 6. Realign Lake St curves south of Temescal Canyon Rd. to allow 55mph design speed and min. 1, 750 curve radius by 464"' CofO. Recommend: Road to be modified to the satisfaction of the City Engineer by 1,200' CofO 7. Interim Lake St improvements can have 62' ROW to meet 1,750' min. radius and superelevation and shall include a reconstruction replacement cost. - Condition satisfied 8. Lake St. from Nichols to Mountain, construct % street improvements, including realignment to allow 55mph design speed and min. 1, 750 curve radius by 464"' CofO. Recommend: Keep condition as approved. 9. Construct ultimate % section of Nichols Rd, from Lake to Terra Cotta Rd. by 464"' CofO Page 2 of 46 ATTACHMENT C Request for Revised Conditions August 23, 2011 Page 3 Recommend: Construct interim 2 -lane road including interim drainage improvements and ped/bike path by 464' CofO. Build ultimate Yz width from Lake to east side of Tract 30836 by 1,612' (build -out) CofO. 10. Connection of Nichols Road from easterly tract to Collier with interim 2 -lane road (raising a-400'section 2' in elevation) by 4/1/07 CofO. Bridge to be built by 12131/08 or 950"' CofO (which over was first) Recommend: Construct interim 2 -lane road with elevated section by 464' CofO. Construct ultimate bridge connection of Nichols Rd. to Collier Avenue by project buildout. 11. Construct Nichols and Collier intersections improvements by 950"' CofO (in conjunction with bridge installation). Recommend: Provide exclusive westbound left tum and northbound left and right tum lanes by 464th CofO. Install signal in conjunction with bridge connection by project build Out. 12. Developer to "work with" the City if the City proceeds with design for moving Collier/Nichols intersection to the west prior to 'Phase 2" of the project. Recommend: Keep Condition as approved. 13. Construct Nichols4-15 Northbound signal by 464`" CofO or later if determined by City/Caltrans Recommend: Install signal and add additional lane to off ramp by 1,200'h CofO. 14. Construct Nichol,0-15 Southbound signal by 464f8 CotO or later if determined by City/Caltrans Recommend: Install signal and add additional lane to off ramp by 1,200'h CofO. 15. Construct Lake/Nichols signal and improvements. - Condition Satisfied. 16. Install sidewalk on south side of Nichols from Terra Cotta Rd. to 'A" Street in Tract 30836 (easterly tract) when Nichols is constructed along this section. Recommend: Construct sidewalk along Nichols Road by 1' CofO of Tract 30836. 17. Construct interim 4 -lane roadway for Lake St. from Freeway to Nichols by 6501 Cof0 or later as determined by City, pending future realignment of this section. Updated Traffic Impact Study required to determine timing. Recommend: Construct interim 4 -lane roadway for Lake St. from Freeway to Nichols by project build out. 18. Build Nichols road to full section within TAZ 4 of '03TiS prior to last CofO for Lot 974 Proposed: No change. Page 3 of 46 ATTACHMENT C Request for Revised Conditions August 23, 2011 Page 4 19. Terra Cotta Rd. built to south project boundary by 1st CofO in Lot 974 Proposed: No change. 20. Install northbound right turn lane at Lake/I-15 southbound ramps by 65CP CofO unless delayed pursuant to updated Traffic Impact Study noted above. Proposed: No change. 21. Construct signal at Collector `A" (now Alberhill Ranch Road) and Nichols Rd. by 65e CofO. Recommend: Proposed condition is for the signal to be built at 1) the 650°i CofO, 2) as determined by the City and 3) based on a new Traffic Study. Condition needs to be reviewed and revised. 22. Construct traffic signal at Nichols Rd and "A" Street of Tract 30836 (easterly tract) by 10(fCofO of Tract 30836. Proposed: No change. Fiscal Impact None, all costs related to the improvements associated with VTTM 28214 & VTTM 30836 will be borne by the developer. Recommendation: Approve the recommended changes to the conditions of approval as described in the discussion section of this staff report. Prepared by: Ken Seumalo Director of Public Works Approved by: Robert A. Brady( City Manager Attachments: Vicinity map A) November 25, 2003 Approval TT28214 & TT30836 B) June 13, 2006 Revision C) 2011 revision analysis. Page 4 of 46 ATTACHMEN'r C VICINITY MAP Alberhill Ranch Tract 28214 and Tract 30836 City Council August 23, 2011 Page 5 of 46 ATTACHMENT C Page 6 of 46 ATTACHMENT C CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND CITY COUNCIL FROM: RICHARD J. WATENPAUGH, CITY MANAGER DATE: CITY COUNCIL MEETING OF NOVEMBER 25, 2003 SUBJECT: VESTING TENTATIVE TRACT MAP NOS. 28214 AND 30836, AND ADDENDUM NO.2 TO THE ALBERHILL RANCH SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT APPLICANT Castle and Cooke California, Inc.. 300 W. Potrero Thousand Oaks, CA 91361 REQUEST Request that the City Council approve the following applications: 1. Approve Vesting Tentative Tract Map No. 28214, 2. Approve Vesting Tentative Tract Map No. 30836, 3. Certify Addendum No. 2 to the Alberbill Ranch Specific Plan Final Environmental Impact Report, BACKGROUND Staff presented the three applications at the November 4, 2003 Planning Commission meeting. 'The Planning Commission heard staff's report, accepted public testimony, considered the applications, and adopted the following resolutions: 1. Resolution No. 2003-101, which recommended that the City Council certify Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. 2. Resolution No. 2003-102, which recommended that the City Council approve Vesting Tentative Tract Map No. 28214, 3. Resolution No. 2003-103, which recommended that the City Council approve Vesting Tentative Tract Map No. 30836. Please refer to Attachment A for the staff report and minutes from the November 4, 2003 Planning Commission meeting. The Planning Commission staff report further describes the proposed project. Page 7 of 46 ATTACHMENT C RE''PORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPFIR PROJECT LOCATION Vesting Tentative Tract Map Nos. 28214 and 30836 are generally bounded on the north by the I-15 Freeway, on the south by Terra Cotta Road/Nichols Road, on the east by El Toro Road, and on the west by Lake Street. Specifically, Vesting Tract Map No. 28214 is located along Iake Street; Vesting Tract Map No. 30836 is located near the existing Lake Elsinore Outlet Mail, near Collier Avenue. Please refer to Attaclunem B for a Location Map. The City Council is being requested to review and approve the following applications: 1. Vesting Tentative Tract Map No. 28214: The proposed Vesting Tentative Tract Map encompasses approximately 392 acres of the Murdock Alberbill Ranch Specific Plan area. Refer to Exhibit C which is a reduction of Vesting Tentative Tract Map No. 28214. The following describes proposed features and improvements: Proposed Lots: The vesting tract map proposes 1,018 total lots in the following: • 970 shigle-family detached residential lots One large lot for multi -family residential units (190 units maximum) • Two lots for either commercial or multi -family residential units Three lots for parks and recreational facilities • Two lots for a water tank • 40 lettered lots for HOA -maintained slopes and open spaces Proposed Lot Size: 261 of the proposed 970 single-family detached lots range in size from 5,000 to 18,577 sf., with an average lot size of 6,434 sf. The other 709 single-family detached lots range in size from 5,500 to 17,594 sf, , with an average lot size of 7,422 sf. Proposed Roadway Improvements: Regional access to the site will be provided from Nichols Road and Lake Street off of the I-15 Freeway. Improvements to Terra Cotta Road and Mountain Street are also required. Collector and Local Streets will also be provided with the project. 2. Vesting Tentative Tract Map No. 30836: The proposed Vesting Tentative Tract Map encompasses approximately 108 acres of the Murdock Alberhill Ranch Specific Plan area. Refer to Exhibit D which is a reduction of Vesting Tentative Tract Map No. 30836. The following describes proposed features and improvements: Proposed Lots: The vesthtg tract map proposes 219 total lots in the following: • 208 single-family detached residential lots • One large lot for a school site and public park • One lot for a private park Nine lettered lots for HOA -maintained slopes and open spaces Page 8 of 46 ATTACHMENT C REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE 3 SUBJECT: VTTM Nos. 2$214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR Proposed Lot Size: The proposed 208 single-family detached lots range in size from 5,500 to 11,207 at., with ani average lot size of 6,788 s£ Proposed Roadway Improvements: Regional access to the site will be provided from Nichols Road off of the I-15 Freeway. Local Streets will also be provided with the project. 3. Addendum No. 2 to the Alberhill Ranch Specific Pian Mnal EIR: The City certified the Final Environmental Impact Report for the original Alberhill Ranch Specific Plan in 1989 (State Clearinghouse No. 88090517). Addendum No. I to the Final Alberhill Ranch Specific Plan EIR was approved by the City in 1992 which evaluated environmental impacts resulting with Amendment No. 2 to the Alberhill Ranch Specific Plan which was proposed by MurdockDevelopmeut. Addendum No. 2 to die Final Alberhill Ranch Specific Plan FIR has now been prepared to evaluate environmental impacts resulting with proposed Vesting Tentative Tract Map Nos. 28214 and 30836. The Addendum No. 2 EIR document is prepared in accordance with Section 15164 of the State CEQA Guidelines and concludes that significant environmental impacts will not result with implementation of those mitigation measures contained in the original 1989 Final Alberhill Ranch Specific Plan FIR, 1992 Addendum No. I EIR, and proposed Addendum No. 2 EIR. Staff supports the requested Vesting Tentative Tract Maps and recommends approval for the following reasons: The Proposed Vesting Tract Maps Implement Intended Land Uses Designated in the Murdock Alberhill Ranch Specific Plan: As discussed, the proposed Vesting Tentative Tract Maps are located within and regulated by the Murdock Alberhill Ranch Specific Plan. The Specific Plan intends for those uses proposed with the Vesting Tract Maps, including detached and attached residential product, neighborhood commercial uses, a school, parks and recreational facilities, and common open spaces to be constructed at those specific locations being depicted in the Vesting Tract Maps. The proposed vesting tract maps represent the fust step in implementing the intended land uses for the project sites. The proposed Vesting Tract Maps do not conflict with the intended land uses and their respective locations, and standards, objectives, and guidelines contained in the Murdock Alberhill Ranch Specific Plan. 2. The Proposed Vesting Tract Maps Comply With Design Standards Contained in the Murdock Alberhill Ranch Specific Plan: City Planning and Engineering staff have reviewed the proposed Vesting Tentative Tract Maps and have no concerns, if required conditions of approval and mitigation measures are satisfied. The proposed Vesting Tentative Tract Maps are consistent with development standards contained in the Murdock Alberhill Ranch Specific Plan document in terms of minimum lot sizes, lot widths and depths, street widths, slid other Planning and Engineering standards and requirements. The .Vesting Tentative Tract Maps are consistent with the City's Subdivision Ordinance and the Subdivision Map Act. The Plamiing Commission was generally supportive of the project and did not express any significant concerns. A member of the public did inquire about increased traffic along Baker Street and runoff percolation. The City Engineer responded that the project's proposed roadway improvements ensure that project -generated Page 9 of 46 ATTACHMENT C REPORT TO CITY COUNCIL. NOVEMBER 25, 2003 PAGE 4 SUBJECT: VTTM Nos. 28214 and 30836, and Addendum No. 2 to Final Alberhill Ranch SPEIR traffic along Baker Street will not be excessive and also indicated that project improvements will properly convey runoff to the public drainage system. The applicant accepted the Conditions of Approval during the Planning Commission meeting. The Addendum No. 2 EIR is prepared in accordance with Section 15164 of the State CEQA Guidelines and sufficiently evaluates impacts resulting with the proposed vesting tentative tract maps and other applicable issues. The Addendum No. 2 FIR concluded that significant environmental impacts will not result with implementation of those mitigation measures contained in the original 1989 Final EIR, 1992 Addendum No. 1 FIR, and proposed Addendum No. 2 FIR. It is recommended that the City Council approve the following applications: 1. Certify Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report. 2. Approve Vesting Tentative Tract Map No. 28214. 3. Approve Vesting Tentative Tract Map No. 30836. FINDINGS Addendum No. 2 To Final Alberbill Ranch Specific Plan ELI2 The Addendum No. 2 FIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in its evaluation of all environmental effects of Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals. Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mitigation measures. 2. The proposed vesting tract maps will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed vesting tract maps do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council finds that the Addendum No. 2 EIR is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. 5. The Addendum No. 2 EIR and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. Page 10 of 46 ATTACHMENT C REPORT TO CITY COUNCIL NOVEMBER 25, 2003 PAGE 5 SUBJECT: VTTM Nos. 28214 and 30836; and Addendum No. 2 to Final Alberhill Ranch SPEIR Vesting Tentative Tract Man No 28214 1. VTTM No. 28214, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects that VTTM No. 28214 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of VTM No. 2821.4 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) Vesting Tentative Tract Man No. 30836 1. VTTM No. 30836, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects that VTTM No. 30836 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of VTM No. 30836 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) PREPARED BY: Duane Morita, Senior Planner REVIEWED BY: APPROVED BY: APPROVED FOR AGENDA LISTING: Armando G. Villa, Planning Manager Bob Brady Community Development Director Manager's Office Page 11 of 46 ATTACHMENT REPORT TO CITY COUNCH, NOVEMBER 25, 2003 PAGE 6 SUBJECT: VITM Nos. 28214 and 30836, and Addendum No. 2 to Final Alherhill Ranch SPEIR ATTACHMENTS Attachment A: November 4, 2003 Planning Commission staff report and minutes Attachment B: Location Map Attachment C: Reduction of VTTM No. 28214 Attachment D: Reduction of VTTM No. 30836 Copy of Addendum No. 2 to Final Alberhill Ranch Specific Plan FIR Full-size copy of VTTM Nos. 28214 and 30836 Page 12 of 46 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 2821.4 PLANNING DIVISION General Conditions ATTACHMENT C I. Vesting Tentative Tract Map No. 28214 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 28214 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project -related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Alberhill Ranch Specific Plan EM, 1992 Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan EIR. 8. All future proposals shall be reviewed by the City on a project -by -project basis. If determined necessary bythe Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Speck Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly ttotifythe applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. Page 13 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall revise the Draft Addendum No. 2 EIR, per comments from the City Attorney, prior to City Council certification of the document. Prior to Final Tract Map Appro val 13. All lots shall comply with applicable standards contained in the Murdock Alberbill Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 1.7. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to DgEkn Review Approval 18. All future structural development associated with the Murdock Alberhill Ranch Specific Plan and VTTM No. 28214, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Grading Permitlssuanee 19. The applicant shall obtain all necessary State and Federal pen -nits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberhill Ranch Specific Plan document. 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading easements shall be coordinated with affected property owners. Page 14 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVF. TRACT MAP NO. 28214 (Continued) 23. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Buiidine Permit Issuance 25. The applicant shall pay all appropriate uaffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 27. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. Page 15 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire VTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). The applicant shall pay the City's traffic mitigation fee of $1,197 per unit at building permit and the drainage fee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Distr.). 45. Submit a "Will Serve" letter to the City Engineering Division firm the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. Page 16 of 46 ATTACHMENT C CONDITIONS OF APPROVAL, VESTING TENTATIVE, TRACT MAP NO. 28214 (Continued) 46. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 47. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 49. Desirable design grade for local streets should not exceed 9.5%. 'l7ie maximum grade of 15 % should only be used because of design constraints. 50. The landscaped median in Lake Street and Nichols Road shall be 14 ft. wide and not 24 feet. 51. The intersection of Street II with Collector A shall be eliminated and Street 11 shall end in a cul-de-sac at Collector A. Street II shall connect to Street GG or Street JJ just south of Collector A. 52. The intersection of Collector A and Street C shall be relocated south and should be opposite H Street. 53. Collector "A" shall have a minimum horizontal radius of 650 feet and the minimum design speed shall be 35 mph. 54. Terra Cotta Road shall have a 90 ft. Right-of-way, 70 ft. curb to curb and a 14 ft. painted median not a raised landscaped median. 55. Nichols Road shall have a 120 ft. right-of-way, 96 ft curb to curb and a 14 ft. raised landscaped median. 56. Lake Street shall have a 120 ft. right-of-way, 96 ft, curb to curb and a 14 ft. raised landscaped median. 57. Dual lefts may be required on Lake St. at Nichols Road, this section of Lake St. shall have the RAV increased 12 ft. with appropriate tapers installed. 58. Provide an in -lieu fee of $ 87,360.00 for half the landscaping in a raised landscaped median for Lake St. and Nichols Road, 59. Applicant shall pay a fee for reconstructing the existing ultimate half street width of Nichols Road and Lake St. to the ultimate full street width along the tract boundary, the amount for reconstruction subject to the approval of the City Engineer. 60. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 61. All compaction reports; grade certifications, monument certifications (with tie notes delineated on 8 Y? x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Page 17 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 62. The applicant shall install 3 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 63. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 64. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 65. Provide fire protection facilities as required in writing by Riverside County Fire. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer, 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 69. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 70. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 71. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 72. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 73. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 74. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". Page 18 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) 77. All natural drainage traversing site shall be conveyed throughthesite, or shall be collected and conveyed by a method approved by the City Engineer. 78. Submit IIydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 81. Roof and yard drains will not be allowed to uutlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 82. 10 year storm runoff should be contained within the curb and the 100 year stonn runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 83. Any concentration or diversion of drainage which increases flow from the pre -construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stormwater run-off on private property. 84. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 85. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 86. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 88. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside Comity NPDES Drainage Area Management Plan. 89. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. Page 19 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING '1 ENTATIVE 'TRACT MAP NO. 28214 (Continued) 90. Intersection site distance shall meet the design criteria of the CAUf'RANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 91. The landscaping in the median and parkway on Collector A shall be analyzed by a traffic or civil engineer to insure that the sight distance meets Caltrans Design Manual criteria. 92. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 93. No residential lot shall front and access shall be restricted on Collector A, Nichols Road, and Lake Street and so noted on the final map. 94. If sight -of -way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right-of-way. 95. Applicant shall record CC & R's for the tract prohibiting on -street storage of boats, motorhomes, trailer, and trucks over one -Con capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 96. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 97. Developer shall provide an approved open space conservation easement dedicated to the HOA for the tracts' open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 98. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 99. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 100. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 101. The phasing plan in the project's traffic study does not match that shown on Tentative Tract Map 28214. The traffic study's phasing plan shall be used in the conditions of approval. There shall be no C of O in Phase 2 until Phase 1 offsite infrastructure has been completed. There shall be no C of O in Phase 3 until Phase 2 offsite infrastructure has been completed. 102. The mitigation measures noted in the traffic study from page 1-5 through page I-13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and/or added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C of O threshold for each Phase. Page 20 of 46 ATTACHMENT C CONDITIONS OP APPROVAL VESTING TENTATIVE TRACT MAP NO. 28214 (Continued) Phase 1 hnprovements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 2400'C of O. • Lake Street and the north/southbound ramps, die improvements shall be completed by the 240" C of O. • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 240" C of O. • Lake Street and Collector "A", the improvements shall be completed by the 240" C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 240" C of O. Phase 2 hnnroyements • Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464"' C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 ft. of IM to accommodate a 1,750 ft. radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a reconstruction replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 464" C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Tena Cotta, construct at ultimate half section by the 464'h C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2 -lane divided road including 2 -lane bridge over Alberhill Creek by the 464" C of O of Phase 2. • Developer shall work with the City on a design to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. • Nichols Road and the northbound I-15 ramps, construct a traffic signal by the 464'h C of O of Phase 2. • Nichols Road and the southbound I-15 ramps, construct a traffic signal by the 464°i C of O of Phase 2. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A". • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Page 21 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO, 28214 {:Continued) Phase 3 Improvements • lake Street from 1-15 Freeway to Nichols Road, construct interim 44ane section by the 650"' C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the I" C of O in lot 974. • Lake Street and I-15 Freeway SB -ramps, install NB right turn lane by 650" C of O of Phase 3. + Collector "A" and Nichols Road construct traffic signal by the 650th C of O of Phase 3. • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 100"i C of O of 1'r. 30836, whichever is first. • Collier Avenue and Nichols Road, construct intersection improvements by the 650th C of O of Phase 3. Page 22 of 46 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 PLANNING DIVISION General Conditions ATTACHMENT C 1. Vesting Tentative Tract Map No. 30836 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 30836 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project -related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Alberhill Ranch Specific Plan EK 1992 Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan EIR. 8. All future proposals shall be reviewed by the City on a project -by -project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claire, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense, If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. Page 23 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall revise the Draft Addendum No. 2 EIR, per continents from the City Attorney, prior to City Council certification of the document. Prior to Final Tract Map Approval 13. All lots shall comply with applicable standards contained in the Murdock. Alberhill Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to Design Review Approval 18. All future structural development associated with the Murdock Alberbill Ranch Specific Plan and VTTM No. 30836, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Grading Pennit Issuance 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberbill Ranch Specific Plan document. 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading casements shall be coordinated with affected property owners. Page 24 of 46 ATTACHMENT C CONDI'T'IONS OF APPROVAL VES'T'ING TFNTA'ITVF TRACT MAP NO, 30836 (Continued) 23. Prior to issuance of a. grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required, The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 25. The applicant shall pay all appropriate traffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 2T Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Take Elsinore Unwed School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. Page 25 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VES'T'ING TENTA'T'IVE TRACT MAP NO. 30836 (Continued) 34. Theapplicant shall provide connection to public sewer foneach lot within any subdivision. No service laterals shall cross adjacent property lutes and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire vTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side wails for corner lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43, All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). Applicant shall pay the City's traffic mitigation fee ofd 1,197 per unit and the drainage fee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Disir.). 45. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. Page 26 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE 'FRACT MAP NO. 30836 (Continued) 46. Construct all public works improvements per approved street plans (LF.,MC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 47. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 49. Desirable design grade for local streets should not exceed 9.5%.'Ihe maximum grade of 15% should only be used because of design constraints. 50, The landscaped median in Nichols Road shall be 14 ft. wide not 24 feet. 51. D Street shall have a right-of-way of 70 ft. with 50 ft, curb to curb to provide for a continuous left turn median. 52. If sight distance at B Street and G Street cannot meet Caltrans Design Manual criteria, then B Street shall end in a cul-de-sac and there shall be a connection between B Street and C Street just south of G Street, 53. Nichols Road shall have a 120 ft. right-of-way, 96 ft. curb to curb, and a 14 ft. raised landscaped median. 54. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 56. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 57. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval or grading permit which ever occurs first. 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59. Provide fire protection facilities as required in writing by Riverside County Fire. 60. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 61. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page 27 of 46 ATTACHMENT CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 62. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 63. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 65. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 66. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67. An Alquist-Priolo study shall be performed on the site to identity any hidden earthquake faults and/or liquefaction zones present on-site. 68. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 69. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 70. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. Page 28 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 30836 (Continued) 76. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 77. Any construction or diversion of drainage which increases flow from the pre -construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stonnwater run-off on private property. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 80. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 81. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from this development. 83. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 84. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 85. Developer shall provide a traffic studyprepared bya traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineer. 86. No residential lot shall front and access shall be restricted on Nichols Road, G Street and A Street and so noted on the final map. 87. If fight -of -way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right -of -way. 88. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Page 29 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VES'T'ING TENTATIVE TRACT MAP NO. 30836 (Continued) 89. The phasing plan in the project's traffic study does not match that shown'an Tentative Tract Map 28214. The traffic study's phasing plan shall be used in the conditions of approval. There shall be no C of O in Phase 2 until Phase I offsite infrastructure has been completed. There shall be no C of O in Phase 3 until Phase 2 offsite infrastructure has been completed. 90. The mitigation measures noted in the traffic study from page 1-5 through page 1-13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and/or added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C of O threshold for each Phase. Phase 1 Improvements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 2401n C of O. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 240a' C of O. • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 240°i C of O. Lake Street and Collector "A", the improvements shall be completed by the 240U' C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 24"' Certificate of Occupancy (C of O). Phase 2 Improvements • Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 460C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 feet of R/W to accommodate a 1,750 -foot radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed bythe 464' C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 4641' C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2 -lane divided road including 2 -lane bridge over Alberhill Creek by the 4640'C of O of Phase 2. • Developer shall work with the City on design to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. • Nichols Road and the northbound I-15 ramps, construct a traffic signal by the 4640'C of O of Phase 2. Page 30 of 46 ATTACHMENT C CONDITIONS OF APPROVAL VESTING TEA NTATIVE TRACT MAP NO. 30836 (Continued) • Nichols Road and the southbound I-15 ramps, construcEa traffic signal bythe 464"C of O of Phase 2. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Strect in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from I-15 Freeway to Nichols Road, construct interim 4 -lane section by the 650" C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project'1'AZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the first C of O in lot 974. • Lake Street and I-15 Freeway SB -ramps, install NB right tum lane by 650t' C of O of Phase 3. • Collector "A" and Nichols Road construct traffic signal by the 650 C of O of Phase 3. • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 100" C of O of Tr. 30836, whichever is first. Collier Avenue and Nichols Road, construct intersection improvements by the 650'' C of O of Phase 3. Page 31 of 46 ATTACH TONT A NOVEMBER 4, 2003 PLANNING COMMISSION STAFF REPORT AND MINUTES ATTACHMENT Page 32 of 46 Exhibit B ATTACHMENT C Page 33 of 46 ATTACHMENT C CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR AND CITY COUNCIL FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 13, 2006 SUBJECT: MODIFICATIONS TO CONDITION OF APPROVAL NO. 102 FOR VESTING TENTATIVE TRACT MAP (VTTM) NO. 28214 AND CONDITON OF APPROVAL NO. 90 FOR VESTING TENTATIVE TRACT MAP NO. 30836 (MURDOCK ALBERHILL RANCH SPECIFIC PLAN). APPLICANT: CASTLE & COOKE ALBERHILL RANCH, INC., P.O. BOX 1402 LAKE ELSINORE, CA 92531 REQUEST ■ Approval to modify the phasing details for certain circulation improvements required under Condition of Approval No. 102 for Vesting Tentative Tract Map (VTTM) No. 28214 and Condition of Approval No. 90 for Vesting Tentative Tract Map (VTTM) No. 30836 located within the Murdock Alberhill Ranch Specific Plan. BACKGROUND At the regularly scheduled City Council meeting on May 23, 2006, Staff presented a request from the Alberhill Ranch Development to modify conditions of approval number 102 for VTTM 28214 and condition of approval number 90 for VTTM 30836. The City Council requested clarification of the timeline for implementation of the proposed changes and directed Staff to apply dates certain for various improvements, as applicable. Staff has met with the Applicant and submits the following clarification and dates for consideration by the City Council at this meeting on June 13, 2006. The item is agendized for Council consideration because Council was the original approving body for the project. Prior to May 23"d, Staff met with the Page 34 of 46 ATTACHMENT C REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE20F6 applicant and reviewed the supporting documentation to the proposal and is in agreement with the concept of the requested changes. Both VTTM No. 28214 and VTTM No. 30836 were approved by the City of Lake Elsinore City Council on January 13, 2004, subject to certain Conditions of Approval (See Attachment No. 1). Condition of approval No. 102 and condition of approval no. 90, although on different maps, were identical in substance and required various on and offsite circulation improvements to be completed in three (3) separate phases. Phase 1 improvements were required by the 2401" Certificate of Occupancy ("C of O"); Phase 2 improvements were required by the 46411 C of O; and Phase 3 improvements were required to be completed by the 650`h C of O. DISCUSSION Included in this request for change to the conditions are some minor refinements to the original conditions of approval, specifically the need for Traffic Signal Warrant Studies. As a requirement of the project, signalized intersections at the Nichols Road and the freeway ramps, and Lake Street and the freeway ramps are included as off-site improvements. The signal design will require CALTRANS processing as the locations are completely within CALTRANS right-of-way. As a policy, the CALTRANS permitting process cannot begin until the intersection(s) has met one of the criteria warranting a traffic signal and this fact is the cause of some of the proposed changes. The two most significant improvements being addressed are the Lake Street/Temescal Canyon Traffic Signal installation and the construction of the bridge over Temescal Creek and the subsequent connection to Collier Avenue. Signalizing the Lake Street intersection at Temescal Canyon Road will benefit many of the residents as the need for the signal exists today. As written, the approved condition requires the "intersection improvements" to be completed by the 240`h C of O. It is proposed that an interim traffic signal be constructed and functioning at the 240" C of O while the ultimate alignment of Lake Street is being designed. This realignment will likely shift the roadway to the west and shift the intersection further away from the southbound on/off ramps. Office the realignment of Lake Street is under way, the ultimate intersection with Temescal Canyon Road will be built concurrently. It is identified that the intersection improvements be completed by the 650`h C of O. Page 35 of 46 ATTACHMENT C REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE 3 OF 6 Second of the two most significant changes has to do with the constructing the bridge over Temescal Creek and its subsequent connection with Collier Avenue. Originally, the conditions required the bridge connection to be completed by the 464'x' C of O and the applicant is asking that number be revised to the 950`1' C of O or completed by December 31, 2008, which ever comes first. In an effort to address the concerns of Staff, the applicant is proposing to construct Nichols Road in its two lane configuration, raise a portion of the roadway to minimize flooding and utilize the existing creek crossing. This work is proposed to be completed by April 01, 2007. Concurrently, the project will continue to process through the Army Corps of Engineers to gain the required permits and move forward into construction. Below are the proposed changes. A "strike through" represents the language in the original condition of approval which is being removed. The "italicized" language represents the new language to be added: Phase 1 Improvements Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 240`x' C of O. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 2401h 46e C of O or at such a time that the CALTRANS signal warrant is satisfied. • Lake Street and Temescal Canyon Road, interim signalization and intersection the improvements shall be completed by the 240'h C of O, and the ultimate intersection improvements by the 650`h C of O. • Lake Street and Collector "A", the improvements shall be completed by the 240`' C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 240'' C of O. Page 36 of 46 REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE 4 OF 6 Phase 2 Improvements ATTACHMENT C • Lake Street curves, north of the curve improved in Phase 1, shall. be realigned and improved to a design speed of 55 mph minimum. and 1,750 foot minimum radius by the 464"` C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 feet of R/W to accommodate a 1,750 ft. radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a reconstruction replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 464th C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 464' C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2-lane-4ivide-d—road inelud . To minimize the effects of a significant flood event, should one occur during this one year extension, a section of the existing Nichols Road curve west of Collier Avenue (approximately 400 feet in length) will be raised two (2) feet in elevation to be completed by April 1, 2007 as identified by the City Engineer. The 2 - lane bridge over Temescal Creek shall be completed by ^" ofir-Cry December 31, 2008 or by the tk€ 464 950`h C of O whichever occurs first. • Collier Avenue and Nichols Road, construct intersection improvements by the 638th 950`x' C of O of Phase 3. (moved from Phase 3 requirements) • Developer shall work with the City in the event the City proceeds with on a design prior to the commencement of Developer's Phase 2, to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. Page 37 of 46 REPORT TO CITY COUNCIL ATTACHMENT C JUNE 13, 2006 PAGE5OF6 • Ni&Aols Road and the northbound I-15 ramps, coWWct a traffic signal by the 464`h C of O of Phase 2 or at a later date as determined by the City Engineer and approved by Caltrans. • Nichols Road and the southbound I-15 ramps, construct a traffic signal by the 464`' C of O of Phase 2 or at a later date as determined by the City Engineer and approved by Caltrans. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A". • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from 1-15 Freeway to Nichols Road, construct interim 4-Iane section by the 650`h C of O of Phase 3 or at a later date as determined by the City Engineer, pending the potential realignment of Lake Street in this segment. An updated traffic analysis shall be required at the conclusion of the Phase 2 improvements noted above to examine the appropriate timing of this street segment. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the I" C of O in lot 974. • Lake Street and I-15 Freeway SB -ramps, install NB right turn lane by 6W' C of O of Phase 3 unless delayed pursuant to updated traffic study for Phase 3 improvements as noted above. • Collector "A" and Nichols Road construct traffic signal by the 650th C of O of Phase 3. Page 38 of 46 ATTACHMENT C REPORT TO CITY COUNCIL JUNE 13, 2006 PAGE 6 OF 6 • "A" Street of Tr. 30836 and. Nichols Road, construct a traffic signal be o by the 1001" C of O of Tr. 30836 w-iichep�va is first. RECOMMENDATION Staff recommends approval to the modifications to Condition of Approval No. 102 for Vesting Tentative Tract Map No. 28214 and Condition of Approval No. 90 for Vesting Tentative Tract Map No. 30836, as referenced above. PREPARED BY: ROLFE M. PRE ISENDANZ DIRECTOR OF COMMUNITY DEVELOPMENT APPROVED FOR: AGENDA BY ATTACHMENTS: CITY MANAGER'S OFFICE L May 23, 2006 Staff Report 2. Vicinity Map 3. Original January 13, 2004 City Council Conditions of Approval for Vesting Tentative Tract Map No(s). 28214 and 30836. 4. Updated Traffic Impact Analysis by Linscott, Law & Greenspan dated November 16, 2006. Page 39 of 46 Exhibit C ATTACHMENT C Page 40 of 46 ATTACHMENT C Memo To: Ken Seumalo, Director of Public Works From: Rusty Beardsley, Traffic Engineer Date: 8/17/2011 Re: Alberhill Ranch GOA revision The following is a review of nnnh Condition of Approval that the developer of VTTM 28214 and VTTM 30836 has requested to be changed. For this review, each amended COA was compared to the 2003 Traffic Impact Study ('03TIS) that the original COA's in question were based on (then updated in 2006) as well as the New TIS ('10TIS) recently submitted by LL&G. While the two Studies, '03TIS and '10TIS, are similar in their approach to analyzing the future traffic impacts and required improvements to the local road system, there are some significant differences that should be noted: • The'03TIS only breaks the analysis into three (3) phases. These are o Phase 1 (now completed): 240 D.U. = 2,297 Trips o Phase 2 (704 D.U.): +464 D.U. + Park = 3,988 Trips o Phase 3 (1,358 D.U.): 654 D.U. + Retail + School = 15,633 Trips o Total: 1,358 D.U. + Park + Retail + School = 21,918 Trips The'10TIS analyzed five (5) phases with Phase 1 above being part of the background volumes. o Existing: 265 D.U.+Park —Not Analyzed 0 464 D.U.: +198 D.U. =1,475 Trips 0 650 D.U.: +186 D.0 + School = 2,877 Trips 0 950 D.U.: +300 D.U. = 2,871 Trips 0 1,191 D.U.: +241 D.U. = 2,049 Trips 0 1,612 D. U.: +421 D.U. == 3,618 Trips o Total: 1,312 D.U. + School = 12,890 Trips + Phase 1 (-3,000 Trips) • '1OTIS removed retail portion of development. This reduced trips by 8,744 trips. • Baseline (existing) traffic volumes for Lake St. between the 1-15 and Temescal Canyon Rd increased from 13,200 in'03TIS to 18,650 in'10TIS and from 12,900 to 16,900 between Temescal Canyon Rd and Nichols Rd. This calculates to a 39% and 31 % total increase or (over 60/6/yr). Page 41 of 46 ATTACHMENT C '03TIS used 5% ambient growth over the life of the project while '1 OTIS proposes using 2.2.% '10TIS included the diversion of ambient traffic onto Nichols Rd to travel between the 1-15 southbound and Lake Street. The'03TIS did not account for this diversion of outside traffic. The following is a summary of each of the subject COAs and a review of their proposed changes. 1. Realignment of Lake St.curve —Condition satisfied. 2. Signalize and widen Lake St. at the 1-15 ramps by end of phase 1 (240" D.U.) Proposed: Install signals and fully widen both intersections by 464" CofO except northbound left turn lane at southbound ramp to be installed at 1,191 th CofO. Review: The'03TIS indicates the need for a signal at the northbound ramp at the 24o" CofO. The '1OTIS does not analyze this scenario (what is now the current condition). LL&G should revise their report to look at current volumes to see if signalization can be deferred to the 464"' CofO. The southbound ramp should be signalized at the same time as the northbound ramp to allow smooth traffic flows. Widening and installing a northbound left turn lane at the southbound ramp at the 1,191th CofO is consistent with the finding in the'03TIS. 3. Build ultimate intersection at LakerFemescal Canyon by 650" CofO Proposed: Ultimate alignment is not needed as Lake St. does not need to be more than a 2 lane roadway at project build -out. Review: The proposed change is appropriate IF Lake St. does not require widening (see Link Analysis at end of memo). Both'03TIS and'10TIS show Lakeffemescal Canyon operating at LOS 'C' at project build -out in interim (existing) condition. 4. Build ultimate intersection and signalize Lake atAlberhill Ranch Rd. — Condition satisfied. 5. Build ultimate intersection and signalize Lake at Mountain —Condition satisfied. 6. Realign Lake St curves south of Temescal Canyon Rd. to allow 55mph design speed and min. 1, 750 curve radius by 464" CofO. Proposed: Road to be modified to "the satisfaction of the City Engineer"by 120dh CofO. Review: Not addressed in either Traffic Impact Study. 7 Interim Lake St. improvements can have 62' ROW to meet 1,750' min. radius and superelevation and shall include a reconstruction replacement cost. Proposed: Work has been completed — condition has been satisfied. Review: Proposed change assumes condition is only for curve already improved. Condition may also relate to realignment of roadway north of this curve (see #6 above).. 8. Lake St. from Nichols to Mountain, construct '/z street improvements, including realignment to allow 55mph design speed and min. 1,750 curve radius by 464"' Co/C. Proposed: Improvements required by 1200"' CofO. Review: Not addressed in either Traffic Impact Study. • Page 2 Page 42 of 46 ATTACHMENT C 9. Construct ultimate '/z section of Nichols Rd. from Lake to Terra Cotta Rd. by 464`x' CofO Proposed: Construct interim 2 -lane road by 1� CofO of (adjoining final map?). Build ultimate'/ width from Lake to east side of Tract 30836 by 1,612`" (build -out) CofO. Review: Both Traffic Impact Studies show a 2 -lane roadway being adequate through the build -out of the project. 10. Connection of Nichols Road from easterly tract to Collier with interim 2 -lane road (raising a —400'section 2' in elevation) by 411/07 CofO. Bridge to be built by 12131/08 or 950" Colo (which ever was first) Proposed: Construct 2 -lane road with elevated section by 460 CofO. Remove requirement to build bridge. Review: Connection to Collier was recommended for Phase 2 of the '03TIS which equated to 704 D.U. Therefore, 464'" CofO seems reasonable. Having no responsibility for the ultimate bridge construction should be addressed. 11. Construct Nichols and Collier intersections improvements by 95e CofO (in conjunction with bridge installation). Proposed: Provide exclusive westbound left turn and northbound left and right turn lanes by 464th CofO. Install signal by 1200' CofO Review: Both the '03TIS and '10TIS show no improvements needed to this intersection until project build -out (1,612 CofO). Note: Proposed wording says "widen and/or restripe Collier Avenue to provide an exclusive westbound left -turn lane. "'Collier Ave". should read "Nichols Rd". 12. Developer to "work with" the City if the City proceeds with design for moving Collier/Nichols intersection to the west prior to "Phase 2" of the project. Proposed: Remove Condition Review: Condition needs to be reviewed and revised or eliminated. 13. Construct Nichols/I-15 Northbound signal by 464h CofO or later if determined by City/Caltrans Proposed: Install signal and add additional lane to off ramp by 1,200" CofO. Review: '03TIS was inconsistent. Recommended signal at Phase 2 but showed LOS 'B' without improvements for both northbound and southbound ramps. '10TIS shows northbound ramps requiring signal at 1,191th COfO. 14. Construct Nicholsrl-15 Southbound signal by 464'" CofO or later if determined by City/Caltrans Proposed: Install signal and add additional lane to off ramp by 1,200" CofO. Review: Same as #13 15. Construct Lake/Nichols signal and improvements. —Condition Satisfied. 16. Install sidewalk on south side of Nichols from Terra Cotta Rd. to 'A" Street in Tract 30836 (easterly tract) when Nichols is constructed along this section. • Page 3 Page 43 of 46 ATTACHMENT C Proposed: Construct sidewalk by 1001" CofO of Tract 30836. Review: Not addressed in TIS. Note: 100"' CofO of Tract 30836 not the same as 100°i CofO of Alberhill Ranch as used elsewhere in these documents. 17. Construct interim 4 -cane roadway for Lake St. from Freeway to Nichols by 65016 COD or later as determined by City, pending future realignment of this section. Updated Traffic Impact Study required to determine timing. Proposed: Condition eliminated. Review: No link analysis was performed by either TIS. See Link Review below. Future realignment of Temescal Canyon Road as proposed by All Village Specific Plan my impact this requirement. 18. Build Nichols road to full section within TAZ 4 of '03TIS prior to last CofO for Lot 974 Proposed: No change. Review: Appears new alignment of Nichols no longer has development on both sides of roadway where TAZ 4 was located in original plan. Condition should be reviewed and revised or eliminated. Note: Proposed revision shows Lot 966 instead of 974. 19, Terra Cotta Rd. built to south project boundary by 1 � CofO in Lot 974 Proposed: No change. Review: No comment. Note: Proposed revision shows Lot 966 instead of 974. 20. Install northbound right turn lane at Lake/I-15 southbound ramps by 650"' CofO unless delayed pursuant to updated Traffic Impact Study noted above. Proposed: No change. Review: Update to Traffic Impact Study is proposed to be eliminated (see # 17). Condition needs to be reviewed and revised. 21. Construct signal at Col/ector'A"(now Alberhill Ranch Road) and Nichols Rd. by 65e COfO. Proposed: Add: "or at a later date as determined by City Engineer." Also add requirement for an updated Traffic Impact Study to determine timing. Review: Proposed condition is for the signal to be built at 1) the 65e' CofO,2) as determined by the City and 3) based on a new Traffic Study. Condition needs to be reviewed and revised. 22. Construct tragic signal at Nichols Rd and 'A" Street of Tract 30836 (easterly tract) by 100"' CofO of Tract 30836. Proposed: No change. Review: No comment. Note: 100°i CofO of Tract 30836 not the same as 100" CofO of Alberhill Ranch as used elsewhere in these documents. • Page 4 Page 44 of 46 ATTACHMENT C Link Review: No link analysis was performed by either the '03TIS or '10TIS. The following breakdown of roadway LOS's is a comparison between the future Daily Traffic Volumes for Lake and Nichols as determined in the reports and the Riverside Countys General Plan current Link Volume Capacides/Level of Service chart. For Lake Street the 2 -lane Arterial classification is used. Since Nichols is planned as a Major street and no 2 -lane Major classification is provided in the chart, the 2 -lane Collector classification has been used. Riverside County Link LOS Max. Volumes: Collector: LOS'C' =10,400 LOS'D' = 11,700 2 -Lane Arterial: LOS 'C'= 14,400 LOS 'D' = 30,700 `03TIS 2004 (Phase 1) Lake St. between 1-15 and Temescal Canyon Lake St. between Temescal Canyon and Nichols Rd. Nut tins Rd. Between Lake St. and Pierce St. Nichols Rd. Between Perce St and Collier Ave. 2005 (Phase II) Lake St. between 1-15 and Temescal Canyon Lake St. between Temescal Canyon and Nichols Rd, Nichols Rd. Between Lake St. and Pierce St. Nichols Rd. Between Perce St and Collier Ave. 2008 (Project Build -out) Lake St. between 1-15 and Temescal Canyon Lake St. between Temescal Canyon and Nichols Rd. Nichols Rd. Between Lake St. and Pierce St. Nichols Rd, Between Perce Stand Collier Ave. `10TIS 2013 (464°i D.U. ) Lake St. between 1-15 and Temescal Canyon Lake St. between Temescal Canyon and Nichols Rd. Nichols Rd. Between Lake St. and Pierce St. Nichols Rd. Between Perce St and Collier Ave. 2014 (6501h D.U.) Lake St. between 1-15 and Temescal Canyon Lake St. between Temescal Canyon and Nichols Rd. Nichols Rd. Between Lake St. and Pierce St. Nichols Rd. Between Perce St and Collier Ave. • Page 5 Volume =1,100 Volume = 1,400 N/A N/A Volume =1,900 Volume = 2,500 Volume = 1,900 N/A Volume = 3,200 Volume = 4,500 Volume = 9,000 Volume = 9,600 LOS ' E' = 13,000 LOS'E'= 18,000 LOS = <C LOS = <C LOS = <C LOS = <C LOS = <C LOS = <C LOS = <C LOS = <C LOS = <C Volume =17,350 LOS = D Volume =15,970 LOS = C Volume = 3,470 LOS = <C Volume = 3,470 LOS = <C Volume =18,890 LOS = E Volume =17,761 LOS = D Volume = 4,190 LOS = <C Volume=4,190 LOS=<C Page 45 of 46 2015 (950" D.U.) Lake St. between 1-15 and Temescal Canyon Volume =19,930 LOS = E Lake St. between Temescal Canyon and Nichols Rd. Volume =18,940 LOS = E Nichols Rd. Between Lake St. and Pierce St. Volume = 5,340 LOS = <C Nichols Rd. Between Perce St and Collier Ave. Volume = 5,340 LOS = <C 2016 (1,191` D.U.) Lake St. between 1-15 and Temescal Canyon Volume = 20,630 LOS = E Lake St. between Temescal Canyon and Nichols Rd. Volume =19,710 LOS = E Nichols Rd. Between Lake St. and Pierce St. Volume = 6,390 LOS = <C Nichols Rd. Between Perce St and Collier Ave. Volume = 6,390 LOS = <C 2017(1,612" D.0 Lake St. between 1-15 and Temescal Canyon Volume = 21,030 LOS = E Lake St. between Temescal Canyon and Nichols Rd. Volume = 20,260 LOS = E Nichols Rd. Between Lake St. and Pierce St. Volume = 7,950 LOS = <C Nichols Rd. Between Perce St and Collier Ave. Volume = 8,750 LOS = <C • Page 6 ATTACHMENT C Page 46 of 46 August 13, 2015 Mr. Tom Tomlinson Castle & Cooke California, Inc. 6455 Alberhill Ranch Road Lake Elsinore, California 92530 LLG Reference: 2.10.3160.1 Subject: Updated Conditions of Approval Evaluation for the Alberhill Ranch Development (464t1i Certificate of Occupancy) Lake Elsinore, California Dear Mr. Tomlinson: Linscott, Law & Greenspan, Engineers (LLG) is pleased to submit this updated Conditions of Approval Evaluation for the Alberhill Ranch Development (Herein referred to as "Project") as it relates to the 464t" Certificate of Occupancy (CofO). In addition as part of this updated evaluation, the CofO will be identified when the proposed traffic signals are needed at the Lake Street/1-15 Freeway Interchange. The current Alberhill Ranch development consists of a residential master plan with approximately 1,566 residential dwelling units (DU), a sports park, and an 850 - student elementary school on approximately 494 acres. The Project site is generally located on both sides of Nichols Road west of the I-15 Freeway in the City of Lake Elsinore, California and consists of three (3) Vesting Tentative Tract Maps (VTTM), listed as follows: • VTTM 28214 ➢ 913 Single -Family Dwelling Units ➢ 373 Multi -Family Dwelling Units ➢ 850 -Student Elementary School ➢ 23 -Acre Sports Park • VTTM 30836 ➢ 208 Single -Family Dwelling Units • VTTM 35773 ➢ 72 Single -Family Dwelling Units Figure I presents a Vicinity Map, which illustrates the general location of VTTM 28214 and depicts the surrounding street system. VTTM 28214 currently has approximately 382 single family dwelling units and the sports park completed with the remaining development anticipated to be fully developed over a period of ATTACHMENT D Engineers & Planners Traffic Transportation Parking unseen, Law& Greenspan, Engineers 2 Executive Circle Suite 250 Irvine, CA 92614 949.825.6175 T 949.8256173 v w .11gengineers.corn Pasadena Irvine Safi Diego woodland Hills Philip M Gnscoa, PE (1_et$Y„ ry Jack M. Gmenepan, PE tP. 1 V�411;ain h Law, PE tMt Paul VV Ald mson,PE John P. Keauuq PG Owo s, sh., ndnr, PE John A. Bnuma ,, P€ Clue M. Lnok-Jaegar, PE Richard E. Bartell., PE Keil D. Mxbeny. PE ATTACHMENT D Mr. Tom Tomlinson August 13, 2015 Page 2 approximately four to five years. Figure 2 presents the existing aerial site plan for the site, which presents both the buildout area of the entire Alberhill Ranch development and the area encompassing the 464°i CofO. Table 1, attached following the figures, presents the current project development summary for Alberhill Ranch in chronological order of development and by original phase designation consistent with the approved Traffic Impact Analysis (TIA) report, dated March 1, 2011 and prepared by LLG. As shown in Table 1, Phases 1 through 3 and the first 99 dwelling units of Phase 5 are currently built and occupied, which totals 382 DU. The remaining 82 dwelling units to reach the 464 CofO are located within Phase 5 and will be occupied within the next two years. The purpose of this traffic analysis is to evaluate the required Condition of Approval (COA) improvements associated with the 464°i Certificate of Occupancy, dictated as follows: ➢ Lake Street and the north/southbound ramps, the improvements shall be completed by the 464°i C of O or at a later date as determined by the City Engineer and approved by CALTRANS. A Traffic Study shall be prepared prior to the 464`x' C of O to verify the Level of Service (LOS). Since the current Alberhill Ranch development consists of the occupancy of 382 dwelling units, the traffic analysis will consist of adding project traffic from 82 additional dwelling units to reach the 464`x' CofO and adding ambient growth traffic to horizon Year 2016. Table 2 presents the traffic generation forecast for the 82 single family DU in Phase 5 consistent with the trip generation rates contained in the approved TIA. As shown in Table ', the 82 single family DU is expected to generate 781 daily vehicle trips (one half arriving, one half departing), with 62 vehicle trip forecast during the AM peak hour (16 inbound, 46 outbound) and 82 vehicle trips anticipated during the PM peak hour (52 inbound, 30 outbound). Figure 3 presents the Year 2016/464`' CofO AM and PM peak hour traffic volumes at the Lake Street and North/Southbound Ramps. The traffic volumes presented in Figure 3 reflect the 82 DU trip generation in Table 2 assigned to the existing traffic volume collected in September 2014 with 4% ambient growth (2%/year for two years) based on the current roadway network distribution pattern, which assumed 30% of the proposed Project traffic directed to the north on 1-15 Freewav via Lake Street consistent with the approved TIA. In conformance with City of Lake Elsinore requirements, AM peak hour and PM peak horn operating conditions for the two (2) study intersections were evaluated using the methodology outlined in Chapter 17 of the Highway Capacity Manual 2000 (HCM N \3100/210311,0-AII Raimh Nv cnt, I_AI LC mA2015 U tal (1 ,v 2W, is5th DU)ARcponVLLC AlbnLll Ra I'1 lalal 4ollh CnIU Analvii , 08-13-15.dac ATTACHMENT D Mr. Tom Tomlinson August 13, 2015 Page 3 2000) for unsignalized intersections. This methodology estimates the average control delay for each of the subject movements and determines the level of service for each movement. For one-way and two-way stop -controlled (minor street stop -controlled) intersections, this methodology estimates the worst side street delay, measured in seconds per vehicle and determines the level of service for that approach. The HCM control delay value translates to a Level of Service (LOS) estimate, which is a relative measure of the intersection performance. Table 3 summarizes the Year 2016/464`I' CofO peak hour service level calculations for the two (2) key study intersections based on future forecast traffic volumes and current street geometry. Review of Table 3 indicates that the study intersection of Lake Street at the 1- 15 Northbound Ramps is forecast to operate at unacceptable LOS F during the AM peak hour under existing and Year 2016 traffic conditions. Appendix B contains the HCM/LOS calculation worksheets for the two (2) study intersections. As presented in Table 3, the LOS F vehicle delay for existing conditions is based on a worst case side street approach delay of 857.9 seconds per vehicle (northbound off - ramp movement), which would require the installation of a traffic signal to improve the level of service to an acceptable level. However, the installation of a traffic signal at this location is not justified since the existing traffic signal at the intersection of Lake Street and Temescal Canyon Road creates platooning gaps along northbound Lake Street that allows westbound left turn traffic on the off -ramp to access southbound Lake Sweet within an acceptable time delay range. This determination is based on actual observations conducted during the AM peak period, which revealed that the actual average approach vehicle delay for the westbormd movements on the off -ramp is 23.0 seconds per vehicle, which is acceptable LOS C. Table A within Appendly C summarizes the AM Peak Hour observations for the 1-15/Lake Street Northbound Off—Ramp, which consisted of measuring the control delay of all 208 vehicles that utilized the off -ramp between 7:00 AM and 8:00 AM (peak hour of intersection). Furthermore, in order to forecast the actual delay/LOS for the study intersection under future Year 2016 conditions, the existing delay/LOS of 23.0 seconds/vehicle was increase by 48.36% consistent with the percent increase based on the calculated HCM delay/LOS increase between existing and Year 2016 conditions [i.e. 1,272.8 s/v - 857.9 s/v), which equates to an actual forecast delay/LOS of 34.1 seconds/vehicle (LOS D). As a result, based on the actual level of service as shown in Table 3, the two study intersections will operate at acceptable LOS D or better under future Year 2016 conditions, through at least the 464`I' CofO of the Alberhill Ranch development. However, the City has requested a determination at which CofO the traffic signals would be needed based on the approach detailed above. Therefore, based on the proposed development program for Alberhill Ranch, 21 additional dwelling are proposed through the end of 2016, which consists of the remaining 21 DU in Phase 5 N\3100AJG3160- AIbcdull Runde Nvdopmunl, ,k, I I.... mA2015 Updaro (Yea2016-48,1h DU)AReportVLLG-Alburhlll Ronch, U,dmpd 46411, Colo Annlysis, 0813-15 doe ATTACHMENT D Mr. Tom'Fomlinson August 13, 2015 Page 4 resulting in a total of 485 DU. This equates to 103 additional single-family dwelling units beyond the existing 382 DU in Year 2014. Table 4 presents the traffic generation forecast for the proposed 103 single family DU in Phase 5 consistent with the trip generation rates contained in the approved TIA. As shown in Table 4, the 103 single family DU is expected to generate 981 daily vehicle trips (one half arriving, one half departing), with 77 vehicle trip forecast during the AM peak hour (19 inbound, 58 outbound) and 103 vehicle trips anticipated during the PM peak hour (65 inbound, 38 outbound). Figure 4 presents the Year 2016/485`' CofO AM and PM peak hour traffic volumes at the Lake Street and North/Southbound Ramps. The traffic volumes presented in Figure 4 reflect the 103 DU trip generation in Table 3 assigned to the existing traffic volume collected in September 2014 with 4% ambient growth (2%/year for two years) based on the current roadway network distribution pattern, which assumed 30% of the proposed Project traffic directed to the north on 1-15 Freeway via Lake Street consistent with the approved TIA. Table S summarizes the Year 2016/485`' CofO peak hour service level calculations for the two (2) key study intersections based on future forecast traffic volumes and current street geometry. Review of Table 4 indicates that the study intersection of Lake Street at the I-15 Northbound Ramps is forecast to operate at unacceptable LOS F during the AM peak hour under existing and Year 2016 traffic conditions. Appendix D contains the HCM/LOS calculation worksheets for the two (2) study intersections. Based on the LOS delay results presented in Table S and applying the same approach detailed above, in order to forecast the actual delay/LOS for the study intersection under future Year 2016 conditions at the 485°i COfO, the existing delay/LOS of 23.0 seconds/vehicle was increase by 52.12% consistent with the percent increase based on the calculated HCM delay/LOS increase between existing and Year 2016 conditions at the 485"' CofO [i.e. 1,305.0 s/v - 857.9 s/v), which equates to an actual forecast delay/LOS of 35.0 seconds/vehicle (LOS D). Consequently, any development beyond the 485`x' CofO would theoretically cause LOS E' (delay > 35.0 s/v) at the Lake Street/1-15 NB Ramps intersection. As a result, the 486°i CotO would trigger the need for the installation of traffic signals at the Lake Street/I-15 Interchange. Conclusion Based on the traffic impact analysis associated with the Conditions of Approval Evaluation for the Alberh ill Rauch Development as it relates to the 464°i Certificate of Occupancy (CofO), implementation of the proposed traffic signal improvements at the intersections of Lake Street at the 1-15 Northbound and Southbound Ramps is not X M IM' 103160 - AR M,11 Itonch Dc, cI �I Lak, f .... a,02011 IJ,W, (Y,ar 201,, -485th DI )VtapotlAI.LG - Albe.hlll Ra,,eh, Updzmd 41,4th Coro Ann,,,,, 08-13-15.d- ATTACHMENT D Mr. "Ibm Tomlinson August 13, 2015 Page 5 justified at the 464°i CofO. However, based on the analysis detailed above, installation of the traffic signals would be needed at the 4860' CofO. We appreciate the opportunity to provide this CofO evaluation letter. Should you have any questions, please call me at (949) 825-6175. Very truly yours, Linscott, Law 81 Greenspan, Engineers Keil D. Maher (v. P.E. 802 Attachinents �� f� D9' 6130 1 t� \3 ID0�21031hd -A I(,,, In I I Rmitli LeedopincnL Loh' EIIin-i"2015 Ulidem (Yen 2016 - 455th UUYRt ,y ,6LIA - Alb,0,01 R:mdi, Updamd 41,41h (oM ATTACHMENT D TABLE 1 CURRENT PROJECT DEVELOPMENT SUMMARY (09.12.14) ALBERHILL RANCH, LAKE ELSINORE Notes: DU = Dwelling Units Proposed Project Description / Land Use Development Size Alberhill Ranch VTTA428214 - Phase 1 - Single Family Residential (Built) 52 DU Phase 2 - Single Family Residential (Built) 104 DU Phase 3 - Single Family Residential (Built) 115 DU Phase 3 — Sports Park (Built) 23 Acres Phase 3 - Single Family Residential (Built) 12 DU Phase 5 - Single Family Residential (99 DU Built) 202 DU Phase 6 - Single Family Residential 82 DU • Phase 8 - Single Family Residential 176 DU • Phase 7 - Single Family Residential 170 DU • Phase 4 — Elementary School 850 Students • Phase 4 — Multi -Family Residential 144 DU Phase 9 - Multi -Fancily Residential 229 DU Alberhill Ranch IgTA4 30836 • Phase 10 - Single Family Residential 208 DU Alberhill Ranch VTTM 35773 Phase 11 - Single Family Residential 72 DU Shrgle Family Residence Total: 7,193 DU Multi-Famih, Residence Total: 373 DU Sports Park: 23 Acres Elernenlnry School Total: 850 Students Notes: DU = Dwelling Units ATTACHMENT D TABLE 2 PROJECT TRAFFIC GENERATION FORECAST (464th CofO) ALBERHILL RANCH, LAKE ELSINORE Phase Land Use Size Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 5 Single Family Residential ,. Alberhill Ranch Trip Generation (382' DU - 464h DU) 82 DU. Single Family DU = 82 DU 781 781 16. 16 46 46 62 52 62 52 30 30 82 82 File'. A WOOQ103160 -Alberhill Ranch Development, Leke Elsinore\2014 Uptlele\Tebl,M46416 CefO Peel Trip Generation 10-01-14 Data. 1 011 512 01 4 1'ab: Alberhili Rancli Trip Gen Re (2 Time: 10'.23 AM ATTACHMENT D TABLE 3 INTERSECTION PEAK HOUR LEVELS OF SERVICE SUMMARY? ALBERHILL RANCH, LAKE ELSINORE Notes: • s/v = seconds pet vehicle (delay) • Bold WS values indicate adverse service levels based on City of Lake Elsinore LOS standards. Appendix d contains the Delay/LOS calcul:oion worksheets for the two (2) swdy intersections and Appendix C contains the vehicle delay study data. Actual delay/LOS at the intmection of Lake Street at 1- 15 Northbound Ramps based on AM peak hour vehicle delay observations of the NB off-mmp Ieft turn movement. ' Based on a 48 36%incretrse Consistent with the dclay/LOS I -ICM calculation increase behveen Existing and Year 2016 conditions (1) (2) Existing Year 2016/464"' DU Time Traffic Conditions Traffic Conditions Delay (s/v) LOS Delay (s/v) 1 LOS Key Intersection Period 1. Lake Street at AM 857.9(23.0) F (C) 1,272.8 (34.1)' ' F (D) 1-15 Not Ramps PM 20.1 C 23.0 C 2. Lake Street at AM 11.0 B 11.2 R I-15 Southbound Ramps PM 25.0 C 31.7 D Notes: • s/v = seconds pet vehicle (delay) • Bold WS values indicate adverse service levels based on City of Lake Elsinore LOS standards. Appendix d contains the Delay/LOS calcul:oion worksheets for the two (2) swdy intersections and Appendix C contains the vehicle delay study data. Actual delay/LOS at the intmection of Lake Street at 1- 15 Northbound Ramps based on AM peak hour vehicle delay observations of the NB off-mmp Ieft turn movement. ' Based on a 48 36%incretrse Consistent with the dclay/LOS I -ICM calculation increase behveen Existing and Year 2016 conditions TABLE 4 PROJECT TRAFFIC GENERATION FORECAST (485th CofO) ALBERHILL RANCH, LAKE ELSINORE ATTACHMENT E Phase Land Use Size Daily 2 -Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 5 Single Family Residential _ 103 DU 981 19 58 77 65 _ 38 103 _ Alberhill Ranch Trip Generation (3821b DU - 485 °i DU) Single Family DU = g81 19 58 77 65 38 103 103 DU Pile'. N 1310012103160-Alberhill Ranch Development, Leh Elsinore12015 Upbale (Year 2016485thDUpTabloa1485th GofO Proled Trip Generation 0811-15 A, Dep _ 811312015 Tab: Alberhill Ranch Trip Gen -Re (2 Time'. 1024 AM ATTACHMENT D TABLE 5 INTERSECTION PEAK HOUR LEVELS OF SERVICE SUMMARY' ALBERHILL RANCH, LAKE ELSINORE Notes: • s/v= seconds per vehicle (delay). • hold LOS values indicate adverse service levels based on City of Lake Llsinorc LOS standards. Appendix 13 contains the Dclay/I,OS calculation wodcsheets for the two (2) study intersections and AppendfaC conmins the vehicle delay study data. Actual delay/LOS al the intersection of Lake Street at 1-15 Northbound Ramps based on AM peal: hour vehicle delay obscn'vations ofthe N13 off -ramp left loin movement. ' Based on a 52.12% increase consistent with the delay/LOS I -ICM calculation increase between Emsting and Yem 2010 conditions. (1) (2) Existing Year 2016/485"iDI, Time Traffic Conditions T I'affic Conditions Delay (s/v) LOS Delay (s/v) LOS Key Intersection Period 1. Lake Street at AM 857.9(23 0)2 P (C) 1,305.0 (35.0) u P (D) I 1-15 Northbound Ramps PM 20.1 C 23.2 ! C 2. Lake Sticet a1 AM 11.0 B 11.2 D I-15 Southbound Ramps PM 25.0 i C 32.3 j D Notes: • s/v= seconds per vehicle (delay). • hold LOS values indicate adverse service levels based on City of Lake Llsinorc LOS standards. Appendix 13 contains the Dclay/I,OS calculation wodcsheets for the two (2) study intersections and AppendfaC conmins the vehicle delay study data. Actual delay/LOS al the intersection of Lake Street at 1-15 Northbound Ramps based on AM peal: hour vehicle delay obscn'vations ofthe N13 off -ramp left loin movement. ' Based on a 52.12% increase consistent with the delay/LOS I -ICM calculation increase between Emsting and Yem 2010 conditions. ATTACHIMHN'I' D tNO SCALE SOURCE: THOMAS EROS ® = STUDY INTERSECTION - - = FUTURE ROADWAY = PROJECT SITE FIGURE I VICINITY MAP ALBERHILL RANCH DEVELOPMENT, LAKE ELSINORE AT'I'A(:LIMFNT IJ v _OVH E-. 6000LE E TI FIGURE 2 N xaLc -"I"T EXISTING SITC PLAN wim PL8EPHLLL RANCH DEVELOPMENT, LAKE ELSINOHE ATTACHMENT I) AM PEAK HOUR / 6 \ LAKE ST 0 1-15 NB RAMPS /o \ 3J 1 0 1 i,t LAKE ST 1-15 SB RAMPS PM PEAK HOUR / 10 \ / ^.n -1-- 4 61 A LAKE ST O 1-15 NB RAMPS O\742 / 2 � � LAKE ST 1-15 SB RAMPS - = FUTURE ROADWAY FIGURE 3 N = PROJECT SITE NO SCALE YEAR 2016/464TH CofO AM & PM PEAK HOUR TRAFFIC VOLUMES ALBERHILL RANCH DEVELOPMENT, LAKE ELSINORE ATTACHMENT AM PEAK HOUR 6 \ 250 LAKE ST 1-15 NB RAMPS � I LAKE ST O 1-15 S8 RAMPS PM PEAK HOUR 10 \ / -- 4 \ J i 161 \ N / O \ LAKE ST O 1-15 N8 RAMPS O\746-\ LAKE ST @ 1-15 SB RAMPS KEY FIGURE 4 = FUTURE ROADWAY N PROJECT SITE NO SCALE YEAR 2016/485TH CofO AM & PM PEAK HOUR TRAFFIC VOLUMES ALBERHILL RANCH DEVELOPMENT, LAKE ELSINORE ATTACHMENT 1) EXISTING TRAFFIC COUNT DATA LINSCOTT, LAA,& GREENSPAN, engineers LLG kef. 2-10-3160-1 Albethill Ranch Development, Lake 1.1smoic ATTACHMENT D Counts Unlimited, Inc. PO Box 1178 Corona, OA 92878 (951) 268-6268 City of Lake Elsinore File Name : LKELA15WAM N/S: Lake Street Site Code : 05714336 EIW: 1-15 Westbound Ramps Start Date : 9/9/2014 Weather: Clear Page No : 1 Groups Printed- Total Volume___ _ Lake Street I-15 Westbound Off Ramp Lake Street 115 Westbound On Ramp Southbound_ _,e Westbound ___._ Northbound Eastbound ____ Stall Time Left,,, Thru Rht A�� T jai Left] T hi u� flight ] tipp T ��i Left Thru Right App T.W Left� Thru Right 1 A, T . ler Total _. _._ 07:00 AM 0 0 1 1 53 0 2 55 162 2 0 154 0 0 0 0 220 07:15 AM 0 1 2 3 81 0 3 84 175 2 0 177 0 0 0 0 264 07:30 AM 0 3 1 4 74 2 1 77 137 1 0 138 0 0 0 0 219 07:45 AM _ 0 _ 0 1 1 31 _-1 0 _ _ 32 129 1 0_ 130 0 0 0 0 163 -- Total 0 4 5 9 239 3 6 248 603 6 0 609 0 0 0 0 866 19 0 2 21 129 2 0 131 0 0 0 0 156 08:00 AM 0 3 1 4 ��, 22 1 0 23 133 1 0 134 0 0 0 0 158 08:15 AM 0 0 1 1 08:30 AM 0 1 0 1 1 21 0 1 22 92 1 0 93 0 0 0 0 116 08:45 AM ,.,0-__„- 1 1 2.;.___29- 22_ 33 90 0 0 _-)0 0 _._0._.-_0 0 125_ Total 0 5 3 8 91 3 5 99 444 4 0 448 0 0 0 0 555 Grand Total 0 9 8 171 330 6 11 347 1047 10 0 1057 0 0 0 0 1421 Approh % 0 52.9 47.1 95.1 1.7 3.2 99.1 0.9 0 0 0 0 Total % 0 0.6 0.6 1.2 23.2 0A 0.8 24.4 73.7 0.7 0 74.4 0 0 0 0 1-15 Westbound Peak Hour Analysis From 07.00 AM to 08:45 AM - Pe .,. rn nn All 07:00 AM 0 0 1 1 53 0 2 55 162 2 0 164 0 0 0 0 220 07:15 AM 0 1 2 3 81 0 3 84 175 2 0 177 0 0 0 0 264 07:30 AM 0 3 1 4 74 2 1 77 137 1 0 138 0 0 0 0 219 07_45 AM 00 1__-31 1 0 32 129 1 0 130 0, 00 0 163 Total Volume 0 4 __1 5 9 239 3 6 248 603 6 0 609 0 0 0 0 866 App. Total 0_ 44 4_ 55.6 96 4 1.22 4 - _. 99 1 0 0 0 0 .__. __ PHF _. .000.. 333._ .625 563 _ 738 .. 375 _500„ 738 861 .750 _000 .860 000 .000 .000 .000 .820_ Counts Unlimited, Inc. PO Dox 1178 Corona, CA 92878 (951) 268-6268 City of Lake Elsinore NIS: Lake Street E/W: 1-15 Westbound Ramps Weather: Clear ATTACHMENT D File Name : LKELA15WAM Site Code : 05714336 Start Date : 9/9/2014 Page No : 2 Lake Street Opl_ Total L% 91 5 4] _. L01 Rht Thru Lett "T 1 �> Peak Hour Data T North F O o ^'m c�o" c o 12—� HurB- ginsat 07:00 T /---2 w �O Voumn ttZ A N -- ° J�3 T F" Left Thru Right 63 L.. 243 �09� 852 Out In Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Each Aooroach Bedins at' +0 mins. +15 mins. 07:15 AM 0 0 1 3 2 1 W:00 AM 3 53 4 81 0 0 0]:00 AM 2 55 162 3 84 175 2 2 0 0 164 177 0/:00 AM 0 0 0 0 0 0 '. 0 0 +30 mins. 0 0 1 1 74 2 1 77 137 1 0 138 0 0 0 0 +45 mins. 0 3 1 __ 4 31 1-_032129 1 0 1300 0 0 0 Total Volume 0 7 5 12 239 3 6 248 603 6 0 609 0 0 0-0- % App,Ltal 0 58.3 .000 __583 41_.7_ .625_ _96.4 .750 .738 12_,,, .375 2.4 99 __500 _738 .861_.750 1 0 1000 _ .860.000 0 0 _000 0 .000 - --.000 PHF A-2_ City of Lake Elsinore N/S'. Lake Street EIW: 1-15 Westbound Ramps Weather: Clear ATTACHMENT D Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 File Name : LKELA15WPM Site Code : 05714336 Start Date : 9/92014 Page No : 1 Groups Printed- Total Volume____,-__ 1-15 Westbound Off Ramp Lake Street 1-15 Westbound On Ramp Westbound_,-_-_„_ __Northbound Eastbound m Left]_ Thrul i ht A p_Tot0 Left Thru RI ht App T.1.1 Left 1 Thin I Right t n�Toi Int_l'olal 3 36 3 3 42 43 2 0 45 0 0 0 0 90 7 33 1 2 36 50 7 0 57 0 0 0 0 100 7 38 2 0 40 64 3 0 67 0 0 0 0 114 5 32 1 5 38 71 1 0— 72 0 0 __0 0 115 ,__..-._. 2 139 7 10 156 228 13 0 241 0 0 0 0 419 05:00 PM 0 Lake Street 145 15 Westbound On Ramp Southbound hart Time Left 1_Thru]RcI ht 0400 PM 0 2 1 04:15 PM 0 2 5 04:30 PKI 0 5 2 04:45 PM 0 2 3 Total 0 11 11 ATTACHMENT D Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 File Name : LKELA15WPM Site Code : 05714336 Start Date : 9/92014 Page No : 1 Groups Printed- Total Volume____,-__ 1-15 Westbound Off Ramp Lake Street 1-15 Westbound On Ramp Westbound_,-_-_„_ __Northbound Eastbound m Left]_ Thrul i ht A p_Tot0 Left Thru RI ht App T.1.1 Left 1 Thin I Right t n�Toi Int_l'olal 3 36 3 3 42 43 2 0 45 0 0 0 0 90 7 33 1 2 36 50 7 0 57 0 0 0 0 100 7 38 2 0 40 64 3 0 67 0 0 0 0 114 5 32 1 5 38 71 1 0— 72 0 0 __0 0 115 ,__..-._. 2 139 7 10 156 228 13 0 241 0 0 0 0 419 05:00 PM 0 2 145 15 Westbound On Ramp 38 2 0 40 0 2 41 13 0 0 73 0 0 0 0 117 05:15 PM 0 5 1 6 45 1 3 49 60 1 0 61 0 0 0 0 116 05:30 PM 0 1 3 448 117 0 3 51 55 4 0 59 0 0 0 0 114 PM 0 0 ..___116_ 0__.. 1 — 31 1 — 0 ......_$? 154 _ 67 1 – �___ 68 - _.0____ 0 — 0 ___..._0_ 101 ...._05:45 Total _0. l 0 —1 9 5 _ 14 163 2 8 173 255 6 0 261 0 0 0 0, 448 Grand Total 0 20 16 36 302 9 18 329 1 483 19 0 502 0 0 0 0 867 Apprch % 0 55.6 44.4 91.8 2.7 5.5 1 96.2 3.8 0 0 0 0 To % 0 2.3 1.8 4.2 34.8 1 2.1 37.9 55.7 2.2 0 57.9 0 0 0 0 Peak Hour Analysis From 04:60 I'M to ObAb I'M - 1” eaK I Of i Ini _7_olal 04:30 PM Lake Street I-15 Westbound Off Ramp Lake Street 15 Westbound On Ramp 38 2 0 40 Southbound- _ _ _ Westbound- _ Northbound I Eastbound r Start Tlme Left Thru Right n r Lett'( Thru Ri ht n ,. roml Left Tru Rlghi non. Tmai] Left 1 hru t Riod A per Peak Hour Analysis From 04:60 I'M to ObAb I'M - 1” eaK I Of i Ini _7_olal 04:30 PM 0 5 2 7 38 2 0 40 64 3 0 67 0 0 0 0 114 04:45 PM 0 2 3 5 32 1 5 38 71 1 0 72 0 0 0 0 115 05:00 PM 0 2 1 3 39 0 2 41 73 0 0 73 0 0 0 0 117 05:15. PM 5 45 1 3 49 60 1 0 61 0____0 0 0 ..___116_ Total Volume _0 0 14 _1 7 _6_ 21 154 4 10 168 268 5 0 273 0 0 0 0 462 %Ap_Total 0 66.7 33_3 7 2.4 _ 6_ 98.2__1.8 0 0 0-..._ 0 PHF_ .000 .700 583 .750.856 _91 500_ .500 857 .918 .417 000935 000 000 _ A00 .000., _987 A'3 Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 City of Lake Elsinore N/S: Lake Street EAN: 1-15 Westbound Ramps Weather: Clear ATTACHMENT D File Name : LKELA15WPM Site Code :05714336 Start Date : 9/9/2014 Page No :2 Lake Street Out In Total F___151 E-211 E 6 Ri ht Thru Left Peak Hour Data 1 tt pc v� North o F—> Peak Hur Be ogins at 04:30 P� a Total Volgmo y A �d9 I 4) �y Left Thru Ri ht 26 _ 0 Out In Total - Lake street Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Each Anompnit Renins at 04 00 PM 04:45 PM 04:30 PM 04:00 PM +0 mins. 0 2 1 3 32 1 5 38 64 3 0 67 0 0 0 0 +15 mins. 0 2 5 7 39 0 2 41 71 1 0 72 0 0 0 0 +30 mins. 0 5 2 7 45 1 3 49 73 0 0 73 0 0 0 0 +45 mins. 0 2 3 _ 5 _ 48 _0 _ 3 _ 51 60 1____ 0 61 _ 0 0 0 _ 0 Total Volume 0 11 11 22 164 2 13 179 268 5 0 273 0 0 0 0 Aop. Total 0 50 -_50 91.6 1.1 7,3 98.2 1.8 0 0 0 0 PHF . _000 _55 0 .550 .786 _ .854 500_ .650 .877 .918 417 ,000 .935 .000 000 _,000 .000_ A -L, Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 City of Lake Elsinore N/S'. Lake Street E/W: 1-15 Eastbound Ramps Weather: Clear Lake Street 1-15 Eastbound On Ramp __ __ Southbound .______,_Westbound _ hart Tlmeefl1 ThruZight Ap ioiai Left Thru Ri htApp Tq 07:00 AM 1 53 0 54 0 0 0 07:15 AM 2 79 0 81 0 0 0 07:30 AM 2 76 0 78 0 0 0 _ _ 07:4_5 AM 0 _ _ 31 0 31 0 0__0 Total 5 239 0 244 0 0 0 08:00 AM 3 19 0 22 0 0 0 08:15 AM 1 22 0 23 0 0 0 08:30 AM 1 22 0 23 0 0 0 Grand Total 12 329 0 341 0 0 0 Apprctr % 3.5 96.5 0 0 0 0 Total % 1 0.6 15.6 0 16.2 0 0 0 Lake Peak Hour Analysis From 07:00 AM to 08:45 AM - PeaK 1 Or 1 Peak Hour for Entire Intersection Begins at 07:00 AM 1 07:00 AM 1 53 0 54 0 0 0 07:15 AM 2 79 0 81 0 0 0 07:30 AM 2 76 0 78 0 0 0 07:45 AM 0 31 0 31 _ 0 0 0 Total Volume 5 239 0 244 0 0 0 A-5 ATTACHMENT D File Name : LKELA15EAM Site Code :05714336 Start Date : 9/9/2014 Page No : 1 0 0 166 117 283 1 0 30 31 368 0 0 173 50 223 0 1 39 40 344 0 0 140 41 181 1 0 42 43 302 01 0 128 35 163 1 1 41 43228 0 0 132 24 156 0 1 39 40 219 0 0 92 34 126 1 0 35 36 185 0 1 0 9241 133 3 2 40 45207 0, 0 444 134 578 5 4 155 164 839 0 0 1054 394 1448 8 5 .308 321 2110 0 72.8 27.22.5 1.6 96 0 0 50 18.7 68.6 0.4 0.2 14.6 15.2 0 0 166 117 2831 1 0 30 31j 368 0 0 173 50 223 0 1 39 40 j 344 0 0 140 41 181 1 0 42 43 1 302 Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 City of Lake Elsinore N/S: Lake Street EfW: 1-15 Eastbound Ramps Weather: Clear ATTACHWN1' D File Name LKELA15EAM Site Code : 05714336 Start Date : 9/9/2014 Paye No 2 Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Each Approach Be ins at:,._,,,_. Lake Street 0 0 0 07:00 AM 117 0:00 AM F6 31 11 244 F 65iI +0 mins, 1 53 0 54 0 0 +15 mins. 2 79 0 81 0 0 +30 mins. Right Thai Left 78 0 0 _ +_45 mars 0 31 0 1_J / 0 _ 0 Total Volume 5 239 0 244 0 a_ Peak Hour Data too rr mo�0 dp�n North o Hourmn F--2 SPeak Dnp N Tot Q _ _ 3 r Left Thai Right_ 392 870 1 62 Out In Total Peak Hour Analysis From 07:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Each Approach Be ins at:,._,,,_. 0 0 0 07:00 AM 117 0:00 AM 0 +0 mins, 1 53 0 54 0 0 +15 mins. 2 79 0 81 0 0 +30 mins. 2 76 0 78 0 0 _ +_45 mars 0 31 0 31 0 _ 0 Total Volume 5 239 0 244 0 a_ 0700 AM 0 0 0 166 117 0 0 0 173 50 0 0 0 140 41 0 0 0 42 52 0 0 0 610 260 07:15 AM 283 0 1 39 40 223 1 0 42 43 181 1 0 42 43 183 1 1 41 43 870 3 2 7347-16 City of Lake Elsinore N/S: Lake Street E1W: 1-15 Eastbound Ramps Weather: Clear Street 1 1-15 Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 04:00 PM 1 29 0 30 0- 0 0 0415 PM 2 39 0 41 0 0 0 04:30 PM 2 36 0 38 0 0 0 04:45 PM_ 1 40 0 _ 41 _ ._.__0 0 0 _ Total 6 _ 144 0 150 0 0 0 05:00PM 1 29 0 30 0 0 0 05:15 PM 3 36 0 39 0 0 0 05:30 PM 5 52 0 57 0 0 0 05:45 PM 2 _ 43 0 45 0 0 __0 Total 1 11 160 0 171 0 0 0 Grand Total 17 304 0 321 0 0 0 Apprch % 5.3 94.7 0 0 0 0 Total % 0.7 12.4 0 13.1 0 0 0 ATTACHMENT D File Name : LKELA15EPM Site Code :05714336 Start Date :919/2014 Page No 1 I -Total Volume Lake Street 1-15 Eastbound Off Ramp —Left �Northbound _ Eastbound ei _Left 1 i_R ! i n T -.W Left 1-himI Right I Ann -Teel Int Total 0 0 47 35 82 0 1 134 135 247 0 0 60 33 93 3 2 138 143 277 0 0 64 42 106 2 0 162 164 308 00 73 ,._ 42_ 115 1 __0 174 175 331_ 0 0 244 152 396 6 3 608 617 1163 0 67 37 104 1 2 173 176 310 0 0 60 48 108 1 0 165 166 313 0 0 57 39 96 5 5 183 193 346 0_ 0 66 2793 0 1 188 189 327 0 0 250 151 401 7 8 709 724 1296 0 0 494 303 797 13 11 1317 1341 2459 0 62 38 1 0.8 98.2 0 : 0 20.1 12.3 32.4 0.5 0.4 53.6 54.5 Peak Hour Analysis Lake Street Southbound -15 Eastbound On Ramp Westbound Lake Street Northbound I-15 Eastbound Off Ramp Eastbound Start Time _._ Left Thru RI M] Aan. ieial _ Lefl rThru Ryht n Toy 05:00 PM 1 29 0 30 0 Peak Hour Analysis From 04:00 PM to 05:45 PM - HeaK 1 Or 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 1 40 0 41 0 0 0 05:00 PM 1 29 0 30 0 0 0 05:15 PM 3 36 0 39 0 0 0 05:30 PM 5 52_,_0 57 0 „0__ 0 Total Volume _ 10 157 0 167 0 0 0 A el Left ThNl Right App. Total Left Thou RI ht AUpToiai Int Total 0 0 73 42 115 1 0 174 175 331 067 37 104 1 2 173 176 310 060 48 108 1 0 165 166 313 _ 57 _ 39 96 5 5 1133 _ 193,,.__,_ 346 0140 257 166 423 ___ 8 7 695 710 1 1300 Counts Unlimited, Inc. PC Bou 1176 Corona, CA 92878 (951) 268-6268 City of Lake Elsinore N/S: Lake Street E/W: 1-15 Eastbound Ramps Weather: Clear ATTACHMENT D File Name : LKELAI5EPM Site Code : 05714336 Start Date : 9/9/2014 Page No : 2 Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Each Approach Begins at: ,_ Lake Street 05'.00 PM f 04:00 PM +0 mins. 1 29 0 30 0 out In Total4K]. L 2651 i 0A 1 +15 mins. 3 36 0 39 0 0 +30 mins. 5 52 0 57 0 —C 1 mins. 2 43 0 45 +45 ___ 0 0 Total Volume 11 160 0 171 _ n _ n 115 1 0 165 166 Right Thin Lett 0 67 37 104 5 5 183 193 0 .,.__0 0 60..,48 108_ 0 1 188 189 Peak Hour Data 0 264 oM 433 -�7 _-8 _ 709 724 =� North M O Peak Hour Begins at 0445 P � /2 T tat Volume LJ wld v /1T 11 Left Thru_ RI ht 25 1 8:62 `_,�,�423I EuN Out In Total Peak Hour Analysis From 04:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Each Approach Begins at: ,_ 05'.00 PM f 04:00 PM +0 mins. 1 29 0 30 0 0 +15 mins. 3 36 0 39 0 0 +30 mins. 5 52 0 57 0 0 mins. 2 43 0 45 +45 ___ 0 0 Total Volume 11 160 0 171 _ n _ n A -C9 04:30 PM 05:00 PIA 0 0 0 64 42 106 1 2 173 176 0 0 0 73 42 115 1 0 165 166 0 0 0 67 37 104 5 5 183 193 0 .,.__0 0 60..,48 108_ 0 1 188 189 D 0 0 264 169 433 -�7 _-8 _ 709 724 A -C9 ATTACHMENT D YEAR 2016/464Tl DU TRAFFIC CONDITIONS INTERSECTION LEVEL OF SERVICE CALCULATION WORKSHEETS LINSGOTT, LAW& GREENSPAN, ellgll)Oels I,I,G Ref. 2-10-3160-1 Albtfliill Ranch Development, 1.2ike Elsinnrc ATTACHMENT D AM Existing Wed Sep 1.7, 01014 08:48:36 Page 4-1 AM Existing (2014) Alberhill Ranch Development, Lake Elsinore 2014 Update Level Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) Intersection $1 Lake Street at 1-15 NB Ramps Average Delay (sec/veh): 251.7 Worst Case Level Of Service: F[857.9] Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R --------- --- Control: Unconi-.rollad Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 11 0 0 --------------------II--------------II------------...--II-----------------I Volume Module: Base Vol: 603 6 0 0 4 5 0 0 0 239 3 6 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 603 6 0 0 4 5 0 0 0 239 3 6 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 603 6 0 0 4 5 0 0 0 239 3 6 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 635 6 0 0 4 5 0 0 0 252 3 6 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 635 6 0 0 9 5 0 0 0 252 3 6 ---------------------------11---------------II --II---------------I Critical Gap Module: Critical Gp: 4.1. xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 Fol.lowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 ---------------------------II--------------II------------- - II ---------------I Capacity Module: Cnf.lict Vol: 9 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 1283 1.2.85 6 Potent Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 184 166 1082 Move Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 95 66 1082 Volume/Cap: 0.39 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 2.64 0.05 0.01. ------------ I---------------II---------------II---------------II---------------I Level Of Service Module: 2Way95thQ: 1.9 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control Del: 8.6 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * * * * * * * * * * Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT -- LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 97 xxxxx SharedQueue: 1..9 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 24.5 xxxxx Shrd Con Del: 8.6 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 858 xxxxx Shared LOS: A * * * * * * * * * F Approach Del: xxxxxx xxxxxx xxxxxx 857.9 ApproachLOS: * * * F• Note: Queue reported is the number of cars per .lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA 6-1 ATTACHMLN'r D AM Existing Wed Sep 1.7, 2014 08:48:36 Page 5-1 ---------------------------- - AM Existing (2014) Alberhil.l. Ranch Development, Lake Elsinore 2014 Update ----------------------------------- Level Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) k******:*********k***k****i****************k*k******•k Intersection V Lake Street at I-1.5 SB Ramps ***************i:**************************************************************** Average Delay (sec/veh): 1.4 Worst Case Level Of Service: B[ 1.1.0] Street Name: Lake Street I-15 SB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - 'r - R ---------------------------II---------------II--------------- II ---------------I Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: I Include Include Include Include Lanes: 0 0 0 1. 0 0 1 0 0 0 0 1 0 0 1 0 0 0 0 0 ---------------------------II---II------------II--- Volume Module: Base Vol: 0 610 260 5 239 0 3 1 1.53 0 0 0 Crowth Adj: 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 0 610 260 5 239 0 3 1 153 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 610 260 5 239 0 3 1 153 0 0 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 642 274 5 252 0 3 1 161 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVol.ume: 0 642. 274 5 252 0 3 1 161 0 0 0 ---------------------------II-------II---------------II--------------- Critical - --Critical Gap Module: Critical Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx ----- ...-..---I ----------------- II--------------- II-----------------II---------------I Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 916 xxxx xxxxx 1041 1178 252 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 753 xxxx xxxxx 257 192 '792 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 753 xxxx xxxxx 256 191 792 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx 0.01 xxxx xxxx 0.01 0.01 0.20 xxxx xxxx xxxx ------------- I---------------II---------------II---------------II-----------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 0.8 xxxx xxxx xxxxx Control Del:xxxxx xxxx xxxxx 9.8 xxxx xxxxx xxxxx xxxx 10.7 xxxxx xxxx xxxxx LOS by Move: * *' * A * * * * B a Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx 236 xxxx xxxxx xxxx xxxx xxxxx SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shr-d ConDel:xxxxx xxxx xxxxx 9.8 xxxx xxxxx 20.6 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * A * * C ApproachDel: xxxxxx xxxxxx 11.0 xxxxxx ApproachLOS: * * B Note: Queue reported is the number of cars per lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA &I ATTACHMENT D PM Existing Wed Sep 17, 2014 08:48:48 Page 4-1 PM Existing (2014) Alherhill Ranch Development, Lake Elsinore 2014 Update -------- ------------------------------- Level Of Service Computation Report 2000 I -ICM Unsignali.zed Method (Future Volume Alternative) Intersection #1. Lake Street at 1-1.5 NB Ramps Average Delay (sec/veh): 11.8 Worst Case Level Of Service: C[ 20.11 k*******Akk***AA***'A******A*****k**********k***********k************k*********A* Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - 'I - R --I-----II---------------II---------------II--------------- Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 D 0 1! 0 0 ------------I---- -II----------------II---------------II-------- Volume Module: Base Vol: 268 5 0 0 14 7 0 0 0 154 4 10 Growth Adj: 1.00 1..00 1.00 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 268 5 0 0 14 7 0 0 0 154 4 10 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 268 5 0 0 14 7 0 0 0 154 4 10 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1_00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 282 5 0 0 15 7 0 0 0 162 4 11 Deduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 282 5 0 0 15 7 0 0v 162 9 11 ------------ --------------- II --------------- II---------------II--------------- Critical. Gap Module: Critical Gp: 4.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 FollowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 ------------ ---_------------II--------------- II---------------II--------------- Capacity Module: Cnflict Vol: 22 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 588 592 5 Potent Cap.: 1606 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 4'75 422 1084 Move Cap.: 1606 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 399 334 1084 Volume/Cap: 0.18 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 0.41 0.01 0.01 ------------- I--------------II---------------II---------------II----------------I Level Of Service Module: 2Way95thQ: 0.6 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control Del: 7.7 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * * * A Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 412 xxxxx SharedQueue: 0.6 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 2.1 xxxxx Shrd ConDel: 7.7 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 20.1 xxxxx Shared LOS: A * * k * * * * * * C Approach Del: xxxxxx xxxxxx xxxxxx 20.1 ApproachLOS: * A * C *k************A***A**********AA***A***********A************************A*****A*A Note: Queue reported is the number of cars per lane. Traff.ix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA 63 ATTACHMENT D PM Existing Wed Sep 17, 2014 08:48:48 Page 5-1 PH Exi.sting (2014) Alberhill Ranch Development, Lake Elsinore 2014 Update -------------- - Level Of Service Computation Report 2000 ECM Unsignalized Method (Future Volume Alternative) **********************************************k*'******************A********A**** Intersection 42 Lake Street at I--15 SB Ramps Average Delay (sec/veh): 13.7 Worst Case Level Of Service: C[ 25.0] *************************A***k************************A************************* Street Name: Lake Street I-15 SB Ramps Approach: North Bound South Bound Fast Bound West Bound Movement: L - T - R L - T - R L - T -- R L - '1 - R ---------------------------II---------------il----------------II---------------I Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 0 0 1 0 0 1 0 0 0 0 1. 0 0 1 0 0 0 0 0 ----------------------------II----------------II - Volume Module: Base Vol: 0 257 166 10 157 0 8 7 695 0 0 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.-00 1.00 1.00 1_00 1.00 Initial Bse: 0 257 166 10 157 0 8 7 695 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 257 166 10 1.57 0 8 7 695 0 0 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 271 175 11, 165 0 8 7 732 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 0 271 175 11 165 0 8 7 732 0 0 0 ------------ ---------------II------ --------------- II ---I Critical Gap Module: Critical Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx ------------ I ------- --II-----II---------------II -----I Capacity Module: Cnfli.ct Vol: xxxx xxxx xxxxx 445 xxxx xxxxx 544 632 165 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 1126 xxxx xxxxx 503 400 884 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 1126 xxxx xxxxx 500 397 884 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx 0.01 xxxx xxxx 0.02 0.02 0.83 xxxx xxxx xxxx ------------ I---------------II-------II----------------II---------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 9.6 xxxx xxxx xxxxx Control Del:xxxxx xxxx xxxxx 8.2 xxxx xxxxx xxxxx xxxx 25.2 xxxxx xxxx xxxxx, LOS by Move: * * * A * * * A D Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx 446 xxxx xxxxx xxxx xxxx xxxxx SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shrd ConDel:xxxxx xxxx xxxxx 8.2 xxxx xxxxx 13.4 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * A A * B Approach Del: xxxxxx xxxxxx 25.0 xxxxxx Approach LOS: A * C ********A****A***************%*%***********A************%A%x******************** Note: Queue reported .is the number of cars per lane. A***A-A AAAA*AA:***A*********A******AAA*A%A**A*- *A**A***AAA**AAAA****AAA*AAk*A*A*** 'lraffix 8.0.0715 (c) 2008 Dowling Assoc. L.i.censed to LLG Costa Mesa, CA ATTACHMENT D AM Cum Plus Project Wed Sep 17, 2014 08:49:50 Page 4-1 AM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2014 Update --------------------------------------------- Level Of Service Computation Report 2000 HCM Unsignalized Method (Future volume Alternative) Intersection #1 Lake Street at I-15 NB Ramps *************A*k AA*k*******AAA****A*A**AA*****Ak****#*AA*****k***AA****AA***k*A* Average Delay (sec/veh): 365.3 Worst Case Level Of Service: F[1272.8] Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R -- ---- II -- --- --------------- Control: Uncontrolled Uncontrolled Stop Sign Slop Sign Rights: Include Include include ]Include Lanes: 0 1, 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1! 0 0 ---------------------------II---------------II---------------II-------I Volume Module: Base Vol: 644 6 0 0 4 5 0 0 0 250 3 6 Growth Adj: 1.00 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 ]..00 1.00 1.00 Initial Bse: 644 6 0 0 4 5 0 0 0 250 3 6 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 644 6 0 0 4 5 0 0 0 250 3 6 User Adj: 1.00 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 678 6 0 0 4 5 0 0 0 263 3 6 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 678 6 0 0 4 5 0 0 0 263 3 6 -------------I------II--------------- II ---------------II -----I Critical Gap Module: Critical Gp: 4.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 FollowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 ------------I-----II---------------II--------II---------------I Capacity Module: Cnflict Vol.: 9 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 1369 1372 6 Potent Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 163 147 1082 Move Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx '75 49 1082 Volume/Cap: 0.42 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 3.50 0.06 0.01 ------ ----1 --- ---..-.._..--- ---11----------------II----------------II---------------I Level Of Service Module: 2Way95thQ: 2.1 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control Del: 8.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * k * * * * A Movement: L'P - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 76 xxxxx SharedQueue: 2.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 28.2 xxxxx Shrd ConDel: 8.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 1273 xxxxx Shared LOS: A k * * * * * k A A F ApproachDel.: xxxxxx xxxxxx xxxxxx :1272.8 ApproachLOS: * * * F *'k**kA*****A*k*AAAkk AA***AAkk***A*****A**kk*Ak**A?A***********AAA*i*A+A**A*A*i*k Note: Queue reported is the number of cars per lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA G-5 ATTACHMENT D AM Cum Plus Project Wed Sep 17, 2014 08:49:50 Page 5-1 AM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2014 Update Level Of Service Computation Report 2000 HCM Unsignalized Metliod (Future Volume Alternative) Intersection #2 Lake Street at I-15 SB Ramps Average Delay (sec/veh): 1.4 Worst Case Level Of Service: B[ 11.2] Street Name: Lake Street I-15 SB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T -- R L - T -- R L - T - R L - 'P - R ----------------------------II---------------II---------------II---------------I Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include include Lanes: 0 0 0 1 0 0 1 0 0 0 0 1. 0 0 1 0 0 0 0 0 ----------------II-----------------II---------------II---------------I Volume Module: Base Vol: 0 651 271 5 250 0 3 1 165 0 0 0 Growth Adj: 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 L.00 1.00 1.00 Initial Bse: 0 651 271 5 250 0 3 1 165 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 651 2.71 5 250 0 3 1 165 0 0 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1_00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 685 285 5 263 0 3 1 174 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 0 685 285 5 263 0 3 1 174 0 0 0 ---------------------------II------------"---------------II---------------I Critical Cap Module: Critical- Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx ------------ I-----------"-----II---------------II---------------II---------------I Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 971 xxxx xxxxx 11.02 1244 263 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 718 xxxx xxxxx 236 176 780 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx `718 xxxx xxxxx 235 174 780 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx 0.01 xxxx xxxx 0.01 0.01 0.22 xxxx xxxx xxxx ------------ I---------------II--------------"-II----------------il---------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 0.8 xxxx xxxx xxxxx Control Del:xxxxx xxxx xxxxx 10.0 xxxx xxxxx xxxxx xxxx 10.9 xxxxx xxxx xxxxx LOS by Move: * * * B * * * * B Movement: LT - LTR - RT LT - LTR - RT LT - LTR - R'S LT - L'TR - R'1' Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx 216 xxxx xxxxx xxxx xxxx xxxxx SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shrd ConDel:xxxxx xxxx xxxxx 1.0.0 xxxx xxxxx 22.0 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * B * * C Approachlle L xxxxxx xxxxxx 11.2 xxxxxx ApproachLOS: * * B *********k*A*A****A*******************z****".l**A****A**"k**A************A********* Note: Queue reported is the number of cars per lane. Traff.i.x 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA P t0 ATTACHMENT D PM Cum Plus Project Wed Sep 17, 2014 08:50:00 Page 4-1 PM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2014 Update --------------------------------------- Level. Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) Intersection #I Lake Street at I-15 NB Ramps ***AA***A*********************************kA*****AkA*A****A*A**A****AA*******k** Average Delay (sec/veh): 12.8 Worst Case Level Of Service: C[ 23.01 Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L -- T - R L - T - R L - T - R L - 'r - R --- I ----------------II--------------- ------ ---------------I Cniitrnl: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1! 0 0 ------...----- .....---------- II---------------- II---------------- II ---------------I Volume Module: Base Vol: 289 5 0 0 15 7 0 0 0 161 4 10 Growth Adj: 1.00 1.00 1.00 1..00 1.00 1.00 1.00 1.00 l.00 1.00 ]..00 1.00 Initial. Bse: 289 5 0 0 15 7 0 0 0 161. 4 10 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 289 5 0 0 15 7 0 0 0 161 4 10 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1..00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PAF Volume: 304 5 0 0 16 7 0 0 0 169 4 11 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 304 5 0 0 16 7 0 0 0 169 4 11 ------------ --------------- ------ -II------ --------------- Critical --------Critical Gap Module: Critical Gp: 4.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 FollowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 --------------- II---------------II---------------II---------------I Capacity Module: Cnflict Vol: 23 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 633 637 5 Potent Cap.: 1605 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 447 398 1.084 Move Cap.: 1605 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 368 307 1084 Volume/Cap: 0.7.9 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 0.46 0.01 0.01 ------------ I --------------- II --------II---------------II---------------I Level Of Service Module: 2Wav95thQ: 0.7 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control. Del: 7.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * * * * * * k Movement: LT - LTR -- RT LT - LTR -- RT LT - LTR -- RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 381 xxxxx SharedQueue: 0.7 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 2.5 xxxxx Shrd Con Del: 7.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 2.3.0 xxxxx Shared LOS: A * * * * * * * * * G A Approach Del: xxxxxx xxxxxx xxxxxx 23.0 Ap.proachLOS: * * A C Note: Queue reported is the number of cars per lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA 6. ATTACHMENT D PM Cum Plus Project Wed Sep 17, 2014 08:50:00 Page 5-1 PM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2014 Update Level Of Service Computation Report 2000 HCM Unsignali zed Method (Future Volume Alternative) Intersection V Lake Street at 1-15 SB Ramps Average Delay (sec/veh): 17.4 Worst Case Level Of Service: D[ 31.71 ******************************************************************************** Street Name: Lake Street I-15 SB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------ I----------------II---------------II---------------II----------------I Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 0 0 1 0 0 1 0 0 0 0 1, 0 0 1 0 0 0 0 0 ------------ I----------------II---------------II---------------II---------------I Volume Module: Base Vol: 0 277 1.73 10 164 0 8 7 742 0 0 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 0 277 173 10 164 0 8 7 742 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVo1.: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 277 173 10 164 0 8 7 742 0 0 0 User Adj: 1.00 1.00 1..00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 292 182 11 173 0 8 7 781 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 F.i.nalVolume: 0 292 182 11 173 0 8 7 781 0 0 0 -----------------------------II---------------II---------------II---------------I Critical Gap Module: Critical Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx --- --------I._.._... --------- II--_------------II---------------II---------------I Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 474 xxxx xxxxx 576 667 173 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 1099 xxxx xxxxx 482 382 876 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 1099 xxxx xxxxx 479 378 876 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx 0.01 xxxx xxxx 0.02 0.02 0.89 xxxx xxxx xxxx ------------ I---------------II---------------II---------------II---------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 12.2 xxxx xxxx xxxxx Control De.:xxxxx xxxx xxxxx 8.3 xxxx xxxxx xxxxx xxxx 32.1 xxxxx xxxx xxxxx LOS by Move: * * * A * * * *" D Movement: LT - :LTR -- RT LT - LTR - RT LT - LTR - RT LT -- LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx- xxxx xxxxx 426 xxxx xxxxx xxxx xxxx xxxxx. SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shrd ConDel:xxxxx xxxx xxxxx 8.3 xxxx xxxxx 13.8 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * A * * B ApproachDe.l: xxxxxx xxxxxx 31.7 xxxxxx Appr.oachLOS: * * D Note: Queue reported is the number of cars per. lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA ATTACHMENT 1) APPENDIX C AM Peak Hour 1-15/Lake Street Northbound Off—Ramp Movement Vehicle Delay Study (dated September 17, 2014) LINSCOTT, LAW & GREENSPAN, OngineM LLG J Ref. 2-10-3160-1 Alberhill Ranch Development, 1.9ke Elsinore ,:;0I I Cid", I. ;,� 1 � "! z ",, i ... �, � flv ., ATTACHMENT D Table A Traffic Delay Study Table Lake Street at 1-15 N13 Off -Kamp G-1 Arrival Time: Departure Time: Wait Time: 1 7:00:11 AM 7:00:33 AM 0:00:22 2 7:00:49 AM 7:00:50 AM 0:00:01 3 7:00:59 AM 7:01:01 AM 0:00:02 4 7:02:40 AM 7:03:01 AM 0:00:21 5 7:03:42 AM 7:03:50 AM 0:00:08 6 7:04:25 AM 7:05:02 AM 0:00:37 7 7:04:56 AM 7:05:1.0 AM 0:00:14 8 7:04:59 AM 7:05:13 AM 0:00:14 9 7:05:14 AM 7:05:18 AM 0:00:04 10 7:05:24 AM 7:05:26 AM 0:00:02 11 7:05:39 AM 7:05:41 AM 0:00:02 12 7:06:36 AM 7:06:53 AM 0:00:17 13 7:06:39 AM 7:06:59 AM 0:0020 14 7:06:49 AM 7:07:05 AM 0:00:16 15 7:06:55 AM 7:07:12 AM 0:00:17 1.6 7:06:56 AM 7:07:13 AM 0:00:17 17 7:07:19 AM 7:07:20 AM 0:00:01 18 7:07:31 AM 7:08:06 AM 0:00:35 19 7:07:34 AM 7:08:1.1 AM 0:00:37 20 7:07:57 AM 7:09:06 AM 0:01:09 21 7:09:13 AM 7:09:16 AM 0:00:03 22 7:09:53 AM 7:10:03 AM 0:00:10 23 7:10:03 AM 7:10:40 AM 0:00:37 24 7:10:15 AM 7:10:43 AM 0:00:28 25 7:10:20 AM 7:1.0:50 AM 0:00:30 26 7:10:28 AM 7:1.0:55 AM 0:00:27 27 7:10:35 AM 7:10:58 AM 0:00:23 28 7:10:40 AM 7:11:03 AM 0:00:23 29 7:11:08 AM 7:11:12 AM 0:00:04 30 7:11:10 AM 7:11:15 AM 0:00:05 31 7:11:18 AM 7:11:30 AM 0:00:12 32 7:11:20 AM 7:11:32 AM 0:00:12 33 7:11:31 AM 7:12:05 AM 0:00:44 34 7:11:39 AM 7:12:08 AM. 0:00:29 35 7:12:11 AM 7:12:42 AM. 0:0031. 36 7:12:53 AM 7:12:56 AM 0:00:03 37 7:13:03 AM 7:13:05 AM 0:00:02 38 7:13:07 AM 7:13:08 AM 0:00:01 39 7:13:48 AM 7:15:14 AM 0:01:26 40 7:13:52 AM 7:15:17 AM 0:01:25 41 7:13:55 AM 7:15:20 AM. 0:01:25 42 7: 14:00 AM 7:15:24 AM 0:0L24 43 7:14:07 AM 7:15:28 AM 0:0121 44 7:14:24 AM 7:15:33 AM 0:01:09 45 7:14:31 AM 7:15:35 AM 0:01:04 46 7:14:44 AM 7:15:40 AM 000:56 47 7:14:56 AM 7:15:43 AM 000:47 48 7:15:08 AM 7:15:47 AM 0:00:39 49 7:15:13 AM. 7:15:53 AM 0:00:40 50 7:15:18 AM 7:15:57 AM 0:00:39 G-1 ATTACHMENT D Table A (Continued) Traffic Delay Study Table Lake Street at 1-15 NB Off -Ramp Arrival Time: Departure Time: Wait Time: 51 7:15:40 AM 7:15:58 AM 0:00:18 52 7:16:01 AM 7:16:03 AM 0:00:02 53 7:16:36 AM 7:16:45 AM 0:00:09 54 7:16:57 AM 7:17:22 AM 0:00:25 55 7:17:03 AM 7:17:28 AM 0:0025 56 7:17:22 AM 7:1735 AM 0:00:13 57 7:17:40 AM 7:17:44 AM 0:00:04 58 7:1.7:56 AM 7:1.7:58 AM 0:00:02 59 7:18:02 AM 7:18:04 AM 0:00:02 60 7:18:09 AM 7:18:30 AM 0:00:21 61 7:18:11 AM 7:18:35 AM 0:00:24 62 7:18:13 AM 7:18:40 AM 0:00:25 63 7:18:41 AM 7:18:45 AM 0:00:04 64 7:18:45 AM 7:18:50 AM 0:00:05 65 7:18:49 AM 7:18:54 AM 0:00:05 66 7:18:55 AM 7:18:59 AM 0:00:04 67 7:19:02 AM 7:19:06 AM 0:00:04 68 7:19:30 AM 7:19:58 AM 0:00:28 69 7:19:32 AM 7:20:08 AM 0:00:36 70 7:19:45 AM. 7:20:59 AM 0:01:14 71 7:19:47 AM 7:21:02 AM 0:01:15 72 7:19:48 AM 7:21.:05 AM 0:01:17 73 7:19:49 AM 7:21:09 AM 0:01:20 74 7:19:59 AM 7:21:13 AM 0:01:14 75 7:20:00 AM 7:21:59 AM 0:01:59 76 7:20:07 AM 7:22:03 AM 0:01:56 77 7:20:35 AM 7:22:10 AM 0:01:35 78 7:20:37 AM 7:22:12 AM 0:01.:35 79 7:21:03 AM 7:22:33 AM 0:01:30 80 7:21:38 AM 7:2238 AM 0:01:00 81 7:21:39 AM 7:22:43 AM 0:01.:04 82 7:21:40 AM 7:22:45 AM 0:01:05 83 7:21:50 AM 7:22:50 AM 0:01:00 84 7:21:51 AM 7:22:55 AM 0:01:04 85 7:21:55 AM 7:22:58 AMS 0:01:03 86 7:22:40 AM 7:23:08 AM 0:00:28 87 7:23:34 AM 7:23:37 AM 0:00:03 88 7:23:42 AM 7:23:43 AM 0:00:01 89 7:24:06 AM 7:24:08 AM 0:00:02 90 7:24:08 AM 7:24:12 AM 0:00:04 91 7:24:1.5 AM 7:24:59 AM 0:00:44 92 7:24:34 AM 7:25:02 AM 0:00:28 93 7:2456 AM 7:25:07 AM 0:00:31 94 7:24:38 AM 7:25:09 AM 0:00:31 95 7:24:44 AM 7:25:19 AM 0:00:35 96 7:24:47 AM 7:25:32 AM 0:00:45 97 7:25:16 AM 7:25:35 AM 0:00:19 98 7:25:40 AM 7:25:44 AM. 0:00:04 99 7:25:54 AM 7:26:31 AM 0:0057 100 7:25:55 AM 7:26:40 AM 0:00:45 ATTACHMENT D Table A (Continued) Traffic Delay Study Table Lake Street at I -IS NB Off -Ramp Arrival Time: Departure Time: Wait Time: 101 7:25:56 AM 7:26:45 AM 0:00:49 102 7:26:01 AM 7:26:49 AM 0:00:48 103 7:26:19 AM 7:26:50 AM 0:00:31 104 7:26:25 AM 727:01 AM 0:00:36 105 7:26:26 AM 7:27:04 AM 0:00:38 106 7:26:34 AM 7:27:08 AM 0:00:34 107 7:27:13 AM 7:27:15 AM 0:00:02 108 7:27:15 AM 7:27:25 AM 0:00:10 109 7:27:20 AM 7:27:30 AM 0:00:10 110 7:27:21 AM 7:27:40 AM. 0:00:19 111 7:27:27 AM 7:27:58 AM 0:00:31. 112 7:27:33 AM 7:28:24 AM 0:00:51 113 7:28:06 AM 7:28:29 AM 0:00:23 114 7:28:09 AM 7:28:33 AM 0:00:24 115 7:28:19 AM 7:28:38 AM 0:00:19 116 7:28:24 AM 7:28:43 AM 0:00:19 11.7 7:28:38 AM 7:28:54 AM 0:00:16 118 7:29:00 AM 7:29:01 AM 0:00:01 119 7:29:02 AM 7:29:03 AM 0:00:01 120 7:29:03 AM 7:29:06 AM 0:00:03 121 7:29:18 AM 7:29:22 AM 0:00:04 122 7:29:27 AM 7:29:30 AM 0:00:03 123 7:30:08 AM 7:30:11 AM 0:00:03 124 7:30:1.2 AM 7:30:17 AM 0:00:05 125 7:30:17 AM 7:30:23 AM 0:00:06 126 7:30:23 AM 7:30:25 AM 0:00:02 127 730:46 AM 7:30:51 AM 0:00:05 128 7:30:50 AM 7:30:57 AM 0:00:07 129 7:31:02 AM 731:05 AM 0:00:03 130 7:31:08 AM 7:31.:10 AM 0:00:02 131 7:31:39 AM 7:32:02 AM 0:00:23 132 731:51 AM 7:32:10 AM 0:00:19 133 7:32:13 AM 7:32:17 AM 0:00:04 134 7:32:16 AM 7:3222 AM 0:00:06 135 7:32:26 AM 7:32:27 AM 0:00:01 136 7:32:30 AM 732:57 AM 0:00:27 137 7:32:40 AM 7:33:14 AM 0:00:34 138 7:32:44 AM 753:19 AM 0:00:35 1.39 7:33:37 AM 7:33:48 AM 0:00:11 140 7:33:43 AM 734:03 AM 0:00:20 141 753:46 AM 7:34:08 AM 0:00:22 142 733:48 AM 7:34:13 AM 0:00:25 143 7:33:53 AM 7:3420 AM 0:00:27 144 7:34:01 AM 7:34:05 AM 00004 145 7:33:56 AM 7:34:24 AM 0:00:28 146 7:33:58 AM 7:34:27 AM 0:00:29 147 7:34:30 AM 7:34:33 AM 0:00:03 148 7:34:52 AM 7:34:57 AM 0:00:05 149 7:35:12 AM 7:35:14 AM 0:00:02 150 7:35:14 AM7:35:17 AM 0:00:03 ATTACIIMENT D Table A (Continued) Traffic Delay Study Table Lake Street at 1-15 NB Off -Ramp Arrival Time: De arta re Time: Wait Time: 151 7:35:16 AM 7:35:22 AM 0:00:06 152 7:35:18 AM 7:35:25 AM 0:00:07 153 7:35:20 AM 7:35:30 AM 0:00:10 154 7:35:23 AM 735:35 AM 0:00:12 155 7:35:30 AM: 7:35:40 AM 0:00:10 156 7:35:43 AM 7:35:57 AM 0:00:14 157 7:35:51 AM 736:18 AM 0:00:27 1.58 7:36:02 AM 7:36:24 AM 0:00:22 159 7:36:19 AM 7:36:32 AM 0:00:13 160 736:29 AM 7:36:38 AM 0:00:09 161 7:36:34 AM 7:36:41 AM 0:00:07 162 7:36:54 AM 7:37:14 AM 0:00:20 163 7:37:05 AM 7:37:19 AM 0:00:14 164 7:37:09 AM 7:37:2.5 AM 0:00:16 1.65 7:37:12 AM 7:37:29 AM 0:00:17 166 7:37:30 AM 7:37:46 AM 0:00:16 167 7:37:33 AM 7:37:50 AM 0:00:17 168 7:37:34 AM 737:53 AM 0:00:19 169 7:37:38 AM 738:00 AM 0:00:22 170 7:37:53 AM 7:38:03 AM 0:00:10 171 7:38:01 AM 7:38:06 AM 0:00:05 172 73824 AM 7:38:32 AM 0:00:08 173 738:55 AM 7:39:08 AM 0:00:13 174 7:39:12 AM 7:39:14 AM 0:00:02 175 7:39:45 AM 7:39:49 AM 0:00:04 176 739:47 AM 7:39:53 AM 0:00:06 1.77 7:40:12 AM 7:40:44 AM 0:00:32 178 7:41:41 AM 7:41:47 AM 0:00:06 1.79 7:42:41 AM 7:42:44 AM 0:00:03 180 7:43:22 AM 7:43:25 AM 0:00:03 181 7:43:28 AM 7:43:33 AM 0:00:05 182 7:43:45 AM 7:44:06 AM 0:00:21 183 7:44:37 AM 7:45:06 AM 0:00:29 184 7:44:46 AM 7:45:09 AM 0:00:23 185 7:45:22 AM 7:45:25 AM 0:00:0.3 186 7:45:24 AM 7:45:32 AM 0:00:08 187 7:47:50 AM 7:47:52 AM 0:00:02 188 7:48:44 AM 7:48:50 AM 0:00:06 189 7:48:47 AM 7:48:57 AM 0:00:10 190 7:48:50 AM 7:49:03 AM 0:00:13 191 7:49:10 AM 7:49:12 AM 0:00:02 192 7:49:28 AM 7:49:30 AM 0:00:02 193 7:49:48 AM 7:50:04 AM 0:00:16 194 7:50:03 AM 7:50:07 AM 0:00:04 195 7:50:47 AM 7:50:51 AM 0:00:04 196 7:50:51 AM 7:51:19 AM 0:00:28 197 7:51:54 AM 7:52:19 AM 0:00:25 198 7:52:26 AM 7:52:30 AM 0:00:04 199 7:52:36 AM 7:52:39 AM 0:00:03 200 7:52:47 AM 7:52:50 AM 0:00:03 ATTACHMENT D Table A (Continued) Traffic Delay Study Table Lake Street at I -IS NB Off -Ramp Arrival Time: De acture Time: Wait Time: 201 7:52:55 AM 7:52:58 AM 0:00:03 202 7:53:02 AM 7:53:04 AM 0:00:02 203 7:53:52 AM 7:53:54 AM 0:00:02 204 7:54:15 AM 7:54:17 AM 0:00:02 205 7:55:38 AM 7:55:43 AM 0:00:05 206 7:56:18 AM 7:5627 AM 0:00:09 207 7:56:45 AM 7:56:47 AM 0:00:02 208 7:56:52 AM 7:56:55 AM 0:00:03 Maximune 119.0 seconds Minimum: 1.0 seconds Average: 23.0 seconds ATTACIIMENT' D 11 APPENDIX D YEAR 2O16/485TH DU TRAFFIC CONDITIONS INTERSECTION LEVEL OF SERVICE CALCULATION WORKSHEETS LwSCOTT, LAW & GREENSPAN, engineers LLG Ref 2-10-3160-1 Alberhi11 Ranch Devclopment, Lake Elsinorc i•..... i. a _.i :I:,r. .,_., i .arc*. ATTACHMENT D AM Cum Plus Project Wed Aug 12, 2015 08:40:09 Page 6-1 AM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2015 Update ------------------------------------------------------------ Level Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) Intersection #1 Lake Street at I-15 NB Ramps Average Delay (sec/veh): 373.2 Worst Case Level Of Service: 1'[1305.0) Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ----------------------------II----------------II---------------II----------------I Control: Uncontrolled Uncontrol.l.ed Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1! 0 0 ------------------------------------------II---------------II-----------------I Volume Module: Base Vol: 647 6 0 0 4 5 0 0 0 250 3 6 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1..00 1.00 1.00 Initial Bse: 647 6 0 0 4 5 0 0 0 250 3 6 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 647 6 0 0 4 5 0 0 0 250 3 6 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.950.95 0.95 PHF Volume: 681 6 0 0 4 5 0 0 0 263 3 6 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 681 6 0 0 4 5 0 0 0 263 3 6 ------------------- --------------- --------------- ---------------- Critical Gap Module: Critical Gp: 4.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 FollowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 ----------------- --------------- --------------- --------------- I Capacity Module: Cnflict Vol.: 9 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 1375 1378 6 Potent Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 162 146 1082 Move Cap.: 1623 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 74 48 1082 Volume/Cap: 0.42 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 3.57 0.07 0.01 ------------ I----------------II----------------II---------------II---------------I Level Of Service Module: 2Way95thQ: 2.1xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control Del: 8.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * * * * * A Movement: LT -- LTR - RT LT - LTR - RT LT - LTR - RT LT -- LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 75 xxxxx SharedQueue: 2.1 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx. 28.3 xxxxx Shrd ConDel: 8.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 1.305 xxxxx Shared LOS: A * * * * * w A A A F -k Appr-oachDel: xxxxxx xxxxxx xxxxxx 1305.0 ApproachLOS: * * F Note: Queue reported is the number of cars per lane. *****************k*'k*1:**k****k-*****'AA***kA***A****A****A*****A*****A*****k**A*** Traf.fix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA b -t ATTACHMEN'f D AM Cum Plus Project Wed Aug 12, 2015 08:40:09 Page 7-1 --------------------------- AM Cum Plus Project (2016) Alberhil.l. Ranch Development, Lake Elsinore 2015 Update --------------------------------------------------------------------------------- Level Of Service Computation Report 2000 HCH Unsignalized Method (Future Volume Alternative) **AAAAA'AAAA**A******A***X-****AA****A*****A*A**A-*****A**A**A**A**AAA**A*A****AA** Intersection #2 Lake Street at I-15 SB Ramps Average Delay (sec/veh): 1.4 Worst Case Level Of. Service: B[ 11.21 *******AA AAAAA*******************A*A********A******A***********************A***+ Street Name: Lake Street I-15 SB Ramps Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------ i--------------- II--------------- II---------------II-------- Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include Include Include Include Lanes: 0 0 0 1 0 0 1 0 0 0 0 1 0 0 7, 0 0 0 0 0 ------------I---------------II-------II---------------II---------------I Volume Module: Base Vol: 0 654 271 5 250 0 3 1 166 0 0 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1..00 1.00 1.00 1.00 1.00 Initial. Bse: 0 654 271 5 250 0 3 1 166 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 654 271 5 250 0 3 1 166 0 0 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 688 285 5 263 0 3 1 175 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 0 688 285 5 263 0 3 1 175 0 0 0 ---------------------------II---------------II---------------11--------------- Critical Gap Module: Critical Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx -- I---------------II----------------II----------------II----------------I Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 974 xxxx xxxxx 1105 124'7 263 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 716 xxxx xxxxx 235 175 780 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 71.6 xxxx xxxxx 234 7.74 780 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx. 0.01 xxxx xxxx 0.01 0.01 0.22 xxxx xxxx xxxx ------------ I ------II----------------II---------------II---------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 0.9 xxxx xxxx xxxxx Control Del:xxxxx xxxx xxxxx 10.1 xxxx xxxxx xxxxx xxxx 10.9 xxxxx xxxx xxxxx LOS by Move: * * * B * * * * B * A A Movement: LT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx 215 xxxx xxxxx xxxx xxxx xxxxx SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shrd ConDel:xxxxx xxxx xxxxx 10.1 xxxx xxxxx 22.0 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * B * * C ApproachDel: xxxxxx xxxxxx 11.2 xxxxxx ApproachLOS: * * B Note: Queue reported in the number of cars per lane. **********A*******************A****A********A*-kA'*****A******A Traffix 8.0.0715 (c) 2008 Dowl.i.nq Assoc. licensed to LLG Costa Mesa, CA T). 2_ ATTACHMENT D PM Cum Plus Project Wed Aug 12, 2015 08:40:22 Page 6-1 PM Cum Plus Project (2016) Alberhill Ranch Development, Lake Elsinore 2015 Update Level Of Service Computation Report 2000 HCM Unsignalized Method (Future Volume Alternative) AA*AAA**A AAA A'k*A***'***'k*A'*'*AAA***'A 'I 'A A*AA**AAAA AAAAAA ki.-AA*AAAA**kl: Intersection #1. Lake Street at I-15 NB Ramps Average Delay (sec/veh): 12.8 Worst Case Level Of Service: C[ 23.21 *AA***AAA*******'***A******-**A'A****$ ****'A***A*A**A********A*i*A ********A**A **AAA Street Name: Lake Street I-15 NB Ramps Approach: North Bound South Bound Past Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R -------- - -- I -------- -------- I I ---------------- Control: Uncontrolled Uncontrolled Rights: include Include Lanes: 0 1 0 0 0 0 0 0 1 0 ------------I---------------II--------------- Volume Module: Base Vol: 291 5 0 0 15 7 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 291 5 0 0 15 '7 Added Vol: 0 0 0 0 0 0 PasserByVol: 0 0 0 0 0 0 Initial Fut: 291 5 0 0 15 7 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 306 5 0 0 16 7 Reduce Vol: 0 0 0 0 0 9 Final -Volume: 306 5 0 0 16 7 ------------- I------ Cri.t.i.cal Gap Module II--------------- II -- - ---- -- --- I Stop Sign Stop Sign Include Include 0 0 0 0 0 0 0 11 0 0 II--------------- II ---------------i 0 0 0 161 4 10 1.00 1..00 1.00 1.00 1.00 1.00 0 0 0 161 4 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 161. 4 10 1.00 1.00 1.00 1.00 1.00 1.00 0.95 0.95 0.95 0.95 0.95 0.95 0 0 0 169 4 11 0 0 0 0 0 0 0 0 0 169 4 11 Critical Gp: 4.1 xxxx, xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 6.4 6.5 6.2 FollowUpTim: 2.2 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 3.5 4.0 3.3 ------------I--- - -- --- II---------------II----------II -- - - -I Capacity Module: Cnflict Vol: 23 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 637 641 5 Potent Cap.: 1605 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx 444 395 1084 Move Cap.: 1605 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx. 366 305 1084 Volume/Cap: 0.19 xxxx xxxx xxxx xxxx xxxx xxxx xxxx xxxx 0.46 0.01. 0.01. ------------ I---------------II---------------II----------------II---------------I Level Of Service Module: 2Way95t:hQ: 0.7 xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx Control Del: 7.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx LOS by Move: A * * Movement: LT - LTR - RT LT - LTR - RT LT - LTR -- RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx xxxx xxxxx xxxx 378 xxxxx SharedQueue: 0.7 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 2.6 xxxxx Shrd ConDel: 7.8 xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx xxxxx 23.2 xxxxx Shared LOS: A * * * * * * A" * * C ApproachDel.: xxxxxx xxxxxx xxxxxx 23.2 ApproachLOS: * * C Note: Queue reported is the number of cars per lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA b-3 ATTACHMENT D PM Cum Plus Project Wed Aug 12, 2015 08:40:22 Page 7-1 PM Cum Plus Project (2016) Al.berhil.l Ranch Development, Lake Elsinore 2015 Update ----- ------------------ Level Of: Service Computation Report 2000 HCM Unsignal.ized Method (Future Volume Alternative) A*Ak*****AA kAA.*k***A A*A*A****A A'**A*******AA****AAA***A**Ak AA'A****AA* Intersection 82 Lake Street at I-15 SB Ramps Average Delay (sec/veh.): 1'7.8 Worst Case Level Of Service: D[ 32.31 AAAA**AAA kA A A*****AAA**k*****A*A**AAA*AA*A*A*A*****.**AAA**A****A*AAAA*A*AA**AAA Street Name: Lake Street I-15 SB Ramps Approach: North Bound South. Bound East Bound WesL Bound Movement: L - 'S - R L - T - R L - T - R L - T - R ---------------------------II----------------II-----------------II----------------I Control: Uncontrolled Uncontrolled Stop Sign Stop Sign Rights: Include ' include Include Include Lanes: 0 0 0 1 0 0 1 0 0 0 0 1 0 0 1. 0 0 0 0 0 ---------------------------II-----II--------------II--------------- Volume ------ -Volume Module: Base Vol: 0 279 173 1.0 164 0 8 7 746 0 0 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 0 279 173 10 164 0 8 7 746 0 0 0 Added Vol: 0 0 0 0 0 0 0 0 0 0 0 0 PasserByVo.l: 0 0 0 0 0 0 0 0 0 0 0 0 Initial Fut: 0 279 173 10 164 0 8 7 746 0 0 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1..00 PHF Adj: 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 PHF Volume: 0 294 182 11 173 0 8 7 785 0 0 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 FinalVolume: 0 294 182 71. 173 0 8 7 785 0 0 0 --- --------------- ------ 1--------------- 11 --------------- I Critical Gap Module: Critical Gp:xxxxx xxxx xxxxx 4.1 xxxx xxxxx 6.4 6.5 6.2 xxxxx xxxx xxxxx FollowUpTim:xxxxx xxxx xxxxx 2.2 xxxx xxxxx 3.5 4.0 3.3 xxxxx xxxx xxxxx ----- I---------------II---------------II---------------II------ --I Capacity Module: Cnflict Vol: xxxx xxxx xxxxx 476 xxxx xxxxx 578 669 173 xxxx xxxx xxxxx Potent Cap.: xxxx xxxx xxxxx 1097 xxxx xxxxx 481. 381 876 xxxx xxxx xxxxx Move Cap.: xxxx xxxx xxxxx 1097 xxxx xxxxx 477 377 876 xxxx xxxx xxxxx Volume/Cap: xxxx xxxx xxxx 0.01 xxxx xxxx 0.02 0.02 0.90 xxxx xxxx xxxx ------------ I---------------II--------II----------------II---------------I Level Of Service Module: 2Way95thQ: xxxx xxxx xxxxx 0.0 xxxx xxxxx xxxx xxxx 12.4 xxxx xxxx xxxxx Control Del:xxxxx xxxx xxxxx 8.3 xxxx xxxxx xxxxx xxxx 32.7 xxxxx xxxx xxxxx. LOS by Move.: * * * A * * * * D Movement: IT - LTR - RT LT - LTR - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx xxxx xxxxx xxxx xxxx xxxxx 425 xxxx xxxxx xxxx, xxxx xxxxx SharedQueue:xxxxx xxxx xxxxx 0.0 xxxx xxxxx 0.1 xxxx xxxxx xxxxx xxxx xxxxx Shrd ConDel:xxxxx xxxx xxxxx 8.3 xxxx xxxxx 13.8 xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: * * * A * * B * '* * * Approach Del: xxxxxx xxxxxx 32.3 xxxxxx ApproachLOS: * * D Note: Queue reported is the number of cars per lane. Traffix 8.0.0715 (c) 2008 Dowling Assoc. Licensed to LLG Costa Mesa, CA D -y STREET /MPROIvEMENT PLAN LAKE STREET A T /NTERSTA TE >5 C/TY OF LAKE ELSINORE, CALIFORNIA JAWMAP LFi= ttrr nnT�uvua ns \ 50(S CNC/NEER I r� GANEF /OCYCL(MCR' /NOCX' .T I [CGENO 6 5'YMOGCS� xwe✓uu urriue[r nr twrrn.v.+.au^s n IT N .r i ITT ? ar r.��un+ rrr.a r � SPCG4/. .T I �55_OLQ61RlNBS N .r i ? ar r.��un+ rrr.a r � ' '"`° �� DCfIAR/i➢GN GF F//CWlCR /N 14GRk BFNq/M4RK +.r 1511, LFGL OISfR/PI/ON l u It .v c ✓. � fi s I n - IT 11 TM 1R4C1 18114 � 9 !. IT-av SIREEC /MPRGKMCMS e" [ — r n colsm"S", NOILS A11 ONANflly tsR.-Ie M.IR50 ORI1N 11 OU.WT,71" RC1.11 & 071, v i -�-t i I SEE SHFFT I >Na7 LAKE STREET 4 I 1 n xu+ cvrcw sveumu M1N,1 "' rem v SEE SHFFT I LAKE STREET )na )raev Wvmoi�ueHs n xu+ cvrcw sveumu "' rem Mcr28214 9 .TU 1h 11 )O Af50 .. . P _ '1 t l A LAKE STREET /-15 NORTHEAST OFF -RAMP - ..... AA JflrM fi J]H /S I1 y TJ Nry GONS)F✓CI/ON NO]FS V a r � � ,r �: rvw -- a" � _ � � Aeuovaes w xrJoca>rous AC 4 1 Al, Fi, l 4 t t 6 r � 1 1 S 4 I t - ,r + P nl_•r. fl lil+W JeI+M JESr0. 366+M J6]rAv JEBrop J65aW Jia+W J>r+Ctl J>]rW J>J+00 i ti Y Y'� i P LAKE STREET /-15 NORTHEAST OFF -RAMP - ..... AA JflrM fi J]H /S I1 y TJ "I "I SIGNING AND S P flNG GENEINI LRl✓ /% 26R •: . u.. .e...eea.x e..... r.... I./5 EW CCN50Ni 51EEi IEL[N� .._ .............. e...o . Ll o� I . am L(KC � a � �® STREET n o I NRI HP ` X��. r,�e,�.e� �� ANNR YP � I e.xr, �f .ems R4N �J rc y AA I.5 HJ d SO R.WFS NEW SGS 0 5 6HhEi L[C C �ONS�L 2LUCiI�NOIFS ❑ _ LPu sewµ p p5[ Oncanu ❑ a ❑ ❑ OFFAlY ❑ o © A Q w LdxL I STRET — j f J= IT �uE rvmrs 115 SE ON RAMP 7 8GH9 HES vm FEWRP %X%M %M%YM% 5 z oriry MAL ��R corvsuucr ox x.T, ixrsaiM scxAL PHASE DIAGRAM TI t e ❑ ` �, o. ❑ ❑ © �,w ° 1-15 NW ON RAMP lnl .a.�tntcc � 1 a CFxF L �1 111111 T,I 'III uwK FfIG +IS f(`�j' �I x � Ole] Lim Ervu_____ __ ,ypF ma nu oQNL �ncr U1 ern 2yMP ,r arsrci_ :1 durxw1xs must � � AAAA QFI 1�p ® __ PF 20214 g IFMX WYVML4lA!/:N 2V UME 5)Fffl n'vm n:mms 4l l5 N(J k 5// FnM/'S AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned CaS(t Gg q[bPrhin Homs Ryitdng Inc ___ whose business address is 6455 Alberhill Ranch Road. Lake Elsinore CA 92530 herein referred to as "Subdivider", has submitted to the City of Lake Elsinore for its approval a Final Map of a subdivision designated as TR 28214 Alberhill Ranch which map was prepared by Kydc Engineers , and, WHEREAS, the Subdivider has not completed all of the work, or made all of the improvements required by Title 16, Lake Elsinore Municipal Code or such other ordinances of the City of Lake Elsinore requiring construction of improvements in conjunction with land divisions, subdivisions, and the like, hereinafter collectively referred to as "said ordinance' ; and, WHEREAS, Subdivider desires to enter into an agreement providing for the completion of the work and the making of the improvements and to furnish security for the performance of this agreement in accordance with the provisions of said ordinance; NOW, THERFFORE, in consideration of the approval of said Final Map by the City, and as a condition of such approval, the Subdivider promises and agrees at his own expense to do all of the work and make all of the improvements required by said ordinance, which work and improvements, without limitation by enumeration, consists of: Lake Streetil-15 ONOff Ramp Imorovem�nts for 464th G of O The above enumeration of items is understood to be only a general designation of the work and improvements, and not a binding description thereof. All of said work shall be done and improvements made and completed which are shown on and in strict compliance with applicable plans and specifications, and any subsequent alterations thereto, which alterations in said plans and specifications and the work to be performed may be accomplished without first giving prior notice thereof to the surety; provided, however in the event the estimated cost of any changes or alterations in said work exceeds ten percent (10%) of the original estimated cost of the improvements, then the consent of the surety shall be obtained, and absent such consent, the surety's obligations shall not then exceed the cost of improvements to be constructed under the said originally approved plans prior to said alterations; provided, further, in no event shall such change result in exonerating the surety's obligations. Such work shall be completed and improvements made within one year from the date of this agreement, unless such time be extended by the City upon written application of the Subdivider. Failure to make such written request shall not preclude the City from extending this agreement_ In the absence of written notice by the City to the Developer that the agreement has been terminated, said agreement shall remain in effect. It is understood that by providing security for this agreement, the surety consents in advance to any extension of time as may be given by the City to the Subdivider and waives notices of such extension. The making of an application for an extension of time by the Subdivider shall, upon the granting of the application by the City, constitute a waiver by the Subdivider and by the surety of all defenses of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by the City. The Subdivider further agrees that any and all grading done or to be done in conjunction with the development in the herein described Final Map shall conform to the requirements of the Lake Elsinore Municipal Code and any other applicable ordinances regulating excavations and fills (e.g., grading regulations) and shall be completed within the period of time described above and prior to the acceptance by or on behalf of the City of the work and improvements and prior to the release by the City of the surety guaranteeing performance of this agreement, in order that said improvements will not be endangered by improper drainage or other hazards. The Subdivider promises and agrees to maintain all of the improvements to be constructed under this contract in a state of good repair, until all of the work and improvements are completed and accepted by or on behalf of the City and until the security for the performance of this agreement is released. Said maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, parkways, sewers, and removal of debris from sewers and storm drains, said maintenance shall also include, but not be limited to by this enumerations, sweeping, repairing and maintaining in good and safe condition all streets and street improvements. It shall be the Subdivider's responsibility to initiate this work but if he should fail to do so, he shall promptly perforin such maintenance when notified to do so by the City Engineer of the City of Lake Elsinore, Upon failure of the Subdivider to properly maintain, the City may do all necessary work required by this paragraph, the cost thereof being chargeable to the Subdivider and his surety under this agreement. The Subdivider further agrees under this agreement to hold the City and its officers and employees free and harmless from any claims, demand or action for damages, injury or death, and to indemnify the City for any loss, arising out of or incurred as the result of or in connection with improper maintenance or dangerous conditions or any act or omission in connection with any of the maintenance activities required under this paragraph, existing or occurring or arising out of any act or omission occurring prior to final acceptance by the City of all the work and improvements constructed under this contract. The Subdivider shall be responsible for maintaining all improvements for a period of one year following completion of the work and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of the contract, and it is further agreed that upon cornpletion and acceptance of the improvements by the City of Lake Elsinore, the liability of the surety for no less than ten percent (10%) of the face amount thereof or $300.00, whichever is greater, will continue for the purpose of guaranteeing maintenance of the improvements for a period of one year following the completion and acceptance by the City against any defective work or labor done, or defective materials furnished in the performance of this contract with the City of Lake Elsinore. If the Subdivider and the surety fail to install all or any part of the improvements required by this agreement within the time set forth herein, or fail to comply with any other obligation contained herein, they shall be jointly and severally liable to the City for any administrative expenses acid attorney's fees incurred in obtaining compliance with this agreement and any such expenses and fees incurred in processing any action for damages or for any other remedies permitted by law. It is further understood and agreed that upon default of any obligation hereunder, and at any time after any such default, the City may make written demand upon the Subdivider and surety to immediately remedy the default or complete the work. If said remedial activities or completion of work are not commenced within sixty (60) days after such demand is made and are not thereafter diligently prosecuted to completion and fully completed within one hundred twenty (120) days after the making of such demand (or such other tineas may be. contained in said demand), the City may then complete or arrange for completion of all remaining work or conduct such remedial activity as in the sole judgement of the City may be required, all at the full expense and obligation of the Subdivider and surety and all without the necessity of giving any further notice to the Subdivider or surety before the City performs or arranges for performance of any remaining work or improvements, and whether of not the Subdivider or surety have constructed any of the required improvements at the time. In the event the City elects to complete or arrange for completion of remaining work and improvements, the City Engineer, upon such election, may require all work by the Subdivider or surety to cease in order to permit adequate coordination by the City for completing any remaining work and improvements not yet completed. It is agreed that all work and improvements done pursuant to this agreement shall conform to the standards applicable at the time work is actually commenced. The Subdivider shall provide security in the arnount of Seven Hundred Thirty -One Thousand Seven Hundred Six(y-Four--- ----------- .---- ._.._-_..------- ---------- ---- ------------- Dollars ($731 764.00 _)-t0 guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of s,,,. �r+„:,a«ama�y,o,ioPeusz,:�scv,,rmn,.,�asxrrr Dollars ($ 731 764 00� to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the 3 work herein described. Said security shall be in the form of a sureSX nd__. _—�corparate surety bonds, cash deposits, etc.) The Subdivider acknowledges and agrees to City regulations governing signs and advertising structures. Subdivider agrees and consents to removal by the City of all signs erected, placed, or situated in violation of any City ordinance governing size, location, or required permits. Removal shall be at the expense of the Subdivider and Subdivider shall indemnify and hold the City free and harmless from any claim or demand arising out of or incurred as a result of such removal, excepting negligent acts or omissions by the City, its agents or employees. Subdivider agrees that said signs may be erected only pursuant to a permit issued by the City upon payment of necessary fees or deposits. The Subdivider agrees to provide to the City a Public Liability Insurance Policy, making the City of Lake Elsinore, its officers, agents and employees, additional insured against any injuries or death to any person and property damage. The amount and the insurance company must be approved by the City Engineer. In addition, the Subdivider shall deposit a copy of the Workmen's Compensation Insurance coverage by an approved insurance company and in an amount satisfactory to the City, and as required by law. For purposes of enforcing this agreement, the term "City" includes the City Council, the City Manager, the City Attorney, City Engineer, or any of them, or any of their authorized representatives. In WITNESS WHEREOF, the Subdivider has caused this agreement to be executed this 12th, day of October 20 15 SIGNED: (Type Nametrdlej er it ) I T&mrison, Vice President-Lan�iSev opiiienl ATTEST: , City Clerk CITY OF LAKE ELSINORE FOR: _Castle & Cooke Alberhill Home Building, Inc_.,_._ (Name of Company on above line) CITY OF LAKE ELSINORE Grant M Yates, City Manager CITY OF LAKE ELSINORE r: ACKNOWLEDGMENT A notary public or other offices 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 Stale of California County Of f�ry< q9 On )0/--"a before me (insert name and title of the officer) Personallyappeared { " _ _ who proved to me on the basis of satisfactory eviden e to be the person(s) whos e ndme(S) iSlrp subscribed to the within instrument and acknowledged to me that helstm7 Vy executed the same in hisiheritheir authorized capacity(ies), and that by his!her;their signatures) on the instrument the person(s), or the entity open behalf of which the person(s) acted, executed the instrument. I certify under PENAtAY OF PERJURY under the ia4vs of the State of California that the foregoing paragraph is true and correct. 6AJOEHOWARD WITNESS my hand and official seal Corvuokebn#204T818 exp Pic - C�9kxnia RtaeiW®o County my Comm. Explrea O# 22, 2Q47 Signatures J�-- ��Cl(Seal) FAITHFUL PERFORMANCE BOND CITY OF LAKE ELSINORE (located in the County of Riverside, State of California) (Government Code Section 66499.1) FOR: Streets & Ominage $ 731,764.00 Project No. TR 28214 Landscaping S N1A . ._ Bond No. 7119083 Monumentation $_ N/A Premium Surety Lexon Insurance Company_ Principal Castle & Cooke Alberhill Home Building, Urc. Address 10002 Shelbyville Rd Suite 100_ City Louisville, KY Zip Code 40223 Address 6455 Alberhill Ranch Road City Lake Elsinore Zip Code ___92530 ______ WHEREAS, The City of Lake Elsinore, a municipal corporation located in the County of Riverside, State of California, and Castle & Cooke Alberhill Home Building Inc. (hereinafter designated as "principal") have. entered into, or are about to enter into the attached agreement(s) whereby principal agrees to install and complete the above -designated public improvements, relating to City Project Number TR 2821Q t_�kr_.$(rrCtl1�15 Qn/Off Ramp_.[mptoyementsd0�464"_.... �of.4, which agreement(s) is/are hereby referred to and made, a part hereof; and, WHEREAS, said principal Is required under the terms of said agreement(s) to furnish bond(s) for the faithful performance of said agreement(s); NOW, THEREFORE, we the principal, and Lexon _Insurance Company , as surety, are held and firmly bound unto the City of Lake Elsinore, in the penal sum of Seven Hundred Thirty -One Thousand Seven Hundred Sixty -Four and no/1001" Dollars ($731,764.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bonded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Lake Elsinore, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. FAITHFUL PERFORMANCE BOND The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed there under or the specifications accompanying the same shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. Surety further stipulates and agrees that the provisions of Section 2£345 of the Civil Code are not a condition precedent to Surety's obligations hereunder and are hereby waived by Surety. When the work covered by the agreement is complete, the City of Lake Elsinore will accept the work and thereupon the amount of the obligation of this bond is reduced by 90%with the remaining 10% held as security for the one-year maintenance period provided for in the agreement(s). IN WITNESS WHEREOF, this instrument has been duly executed bythe principal and surety above named Oil —_ .. Octoherl3_, 2015, NAME OF PRINCIPAL: Castle & Cooke Alberhill Home Building,. Inc. AUTHORIZED SIGNATURE(S): By By TItlO (IF CORPORATION, AFFIX SEAL) NAME OF SURETY: Lexon Insurance Company Z,6 j AUTHORIZED SIGNATURE Brandy L. Baich Its Attorney -in -Pact Title (IF CORPORATION, AFFIX SEAL) ATTACH NOTARIAL ACKNOWLEDGEMENT OF SIGNATURES OF PRINCIPAL. AND A"rTORNEY-IN-FACT" STATE OF FLORIDA COUNTY OF HILLSBOROUGH ss. On this 13t" day of October, 2015 before me, personally came Brandy L. Baich, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -in -Fact on behalf of Lexon Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature Anett Cardinale MMI CARDINAIEisslar # FP 138482s Julp 28, 2018 u LW Gan iwuvra �.l'S10ID Phis awcl for Officiul Arnlnr'icr/ Seel A notary public a other officer completing, this ceitil icme Murines only the identity of file individual who sinned the document to which this certificate is attached, and not the rnnhibhtcss accuracy, or validity ofdvu document. State of ('Aifomia County of Un -- before me.. _ {herc, insert name and Lille of off icer), personally appealed _ _ .._.. — who proved to me on the basis of satisfactory evidence to be the person(e) whose mmnc(s) isbre subscHbed to the within instrument and ackno"ledged to me titan. helswAhey execufnd rile same in hislhec'thcii anthori-red capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or fire enHy upon behalf of "Iwh the persoo(s) acted, executed the instnuneni. I certify under PENAUfY M PERJURY under the NWS of the Stale of California that the foregoing, paragraph is true and correct Wfl'NJ SS my hand and official seal. SienabRe (Seal) POWER OF ATTORNEY Lx -251948 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office uisville, Kentucky, does hereby constitute and appoint David H Carr Anett Cardimalc Marg irct A Ginem F3randy L. Batch its true and lav lornoy(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surely, any and all bonds, undertakings or other writings obfigab nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE VY on the 1't day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or oll m or persons as Attorney -In -Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or all gs obligatory in nature of a bond not to exceed S 2,500,000.00, Two Million Five Hundred Thousand dollars, which the Company min, Ad through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney -in -F be as binding upon the Company as if they had been duly executed arid acknowledged by the regularly elected officers of the Company. F iey-In-Pact, so appointed, may be removed for good rause and the authority so granted may be revoked as specified in the Power Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power of attorney grar and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so exec and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Seal to be affixed this 9th day of July, 2015. rgJPANCp10 l kel(rp�i< v 'SEAL s 'S yzr a< n �+ ry rC or s N. ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY - , David E Campbell President On this 91h day of July, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he exec d instrument on behalf of the corporation by authority of hts office under the By-laws of said corporation. AMY L TAYLOR Notary Pubic- Stale of Tennessee Davidson County Commission EX01' sOb09 io CERTIFICATE BY r��K(W, -I _L-(4, ` Am r. Taylor Notary Public 1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY tat Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and is as set forth are now in force. � and Seal at Mount Juliet, Tennessee this 1- �_4N_ Day of C7Gi°ib�r . 20__ 15 � (S E k L BY 4 Andrew Smith Assistant Secretary NTNG: Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of clai ning any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits dent insurance act, which is a crime and subjects such person to criminal and civil penalties." SUBDIVISION IMPROVEMENTS Tract No. 28214 LABOR AND MATERIAL BOND Bond No. 11,19083 Premium included In performance bond KNOW ALL MEN BY THESE PRESENTS: THAT, the City Council of the City of Lake Elsinore has approved TR 28214 Improvements, prior tc installation ofcertain designated public improvements required by the Conditions of Approval for the subject map, in accordance with the California Map Act (Government Code Section 66462) WHEREAS, the City Council of the City of Lake Elsinore, State of California, and Castle R Cooke Alberhill Home Building Inc. (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which agreement dated 2015 and identified as TR 28214 Lake Streetl1-15 On/Off Ramp Improvements for464'r' C of O, is hereby referred to and made a part hereof; and, WHEREAS, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Lake Elsinore to secure the claims to which reference is made in title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, the principal, and the undersigned as corporate surety, are held and firmly bound unto the City of Lake Elsinore and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Seven Hundred Thirty -One Thousand Seven Hundred Sixty Four and not100"' Dollars ($731,764.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect io this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also In case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, incurred by city in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporation entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be successfully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specification accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surely above named on --._---_October 13., 2015. Castle &.Cooke Alberhill Home Building. Inc. Principal - -- (Seal) Signature of Principal (Merlin Jackson 1 omlinson) I of 2 Vice President --[-and Develof>ment Title of Signatory exon Insurance Company Surety (Se'ai) Signature of Surety Brandy I_. Baich, Attorney -in- Fact Title of Signatory 10002 Shelbyville Rd, Suite 100 Louisville, KY 40223 Address of Surety (615)553-9500 Phone i of Surety Rita Roberts Contact Person For Surety 2 of? STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 13th day of October, 2015 before me, personally came Brandy L. Baich, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney -in -Fact on behalf of Lexon Insurance Company, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above w Signature �. Anett Cardinale ANETTCAROiNALE >r Commission # FF 138482 Expires Su;y 28, 2018 °�Or 1A;' 9pafAf141ryGaz'.ht.rirn WSM`..1G1; This (41va l r Official Notarial $cal A notan+ public or other oftiacr compacting tins conif icate verifies only the identity of the individual who signed the document to which this ccnif icac. is attached, and not the truthfulness. accuracy, or validity of that document. state of Califarnia County of", Oilbefore me,.. ....(here Wut name and We of off icer), personally appeared _ _ who proved to me on the basis of satisfactory evidence to be the persoh(s) whose natm(s) islare subscribed to the within instrument and acknowledged to me that hetshcithey cXecuted the same in hisdiedtheir authorized cnpacity(ies), and that by his/herltheir siguatumo) on the ham mcnt the person(1 or the catty upon behalf of which to persoo(s) acted, executed the instrument. I curlily under PENALTY OF PERJURY under dw laws of the State of Califontia that the foregoing paragraph is two and correct %VlI'NT,SS nry hand and official scal- Signature ...._ _...._----- .. ..____. (Seal) POWER OF ATTORNEY LX- 251949 KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office wisville, Kentucky, does hereby constitute and appoint: David 11 Carr Anott Cardinale. Mcfr aret A_ Linen Brandy L_Baich its true and lav< torney(s)-In-Fact to make, execute, seal and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligati nature of a bond. This authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON dY on the 151 day of July, 2003 as follows: Resolved, that the President of the Company is hereby authorized to appoint and empower any representative of the Company or of person or persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of Indemnity or oil writings obligatory in nature of a bond not to exceed S 2,500,000.00, Two Million Five Hundred Thousand dollars, which the Company mrn. execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorneydn-F shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company. F Attorney -In -Fact, so appointed, may be removed for good cause and the authority so granted may be revoked as specified in the Power Resolved, that the Gignoture of the Presider!t and the seal of the Company may be affixed by facsimile on any power of attorney granted, the signature of the Assistant Secretary,. and the seal of the Company may be affixed by facsimile to any certificate of any such power and such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company, Any such power so executed sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which it is attached, continue to be valid and Ing on the Company. IN WITNESS 1 HEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its to be affixed this 9th day of July, 2015. `9uNJ.NC.(. i �� CtlY O + sEA`L ACKNOWLEDGEMENT LEXON INSURANCE COMPANY BY Darid�M(Cpmpbell_ _....-... President On this 9th day of July, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument: that he exec d instrument on behalf of the corporation by authority of his office under the By-laws of said corporation, p,,.unh„y AMY L. TAYLOR BY NOIaq PubV!C State of Tennessee o ' Uavldson Go -arty Am t Taylor My Com mission[xoires ebe9-te NOf ryPUbiIG 4w W, CERTIFICATE I, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas Insurance Company, DO HEREBY CERTIFY if, ial Power of Attorney of which the forgoing is a true and correct copy, is in full force and effect and has not been revoked and if is as set forth are now in force. and Seal at Mount Juliet, Tennessee this i -'{� .. Day of CiCAr,� u - , 20- _i {s�=' BY ;elf” Andrew Smith Assistant Secretary is Any person who knowingly and with intent to defraud any insurance company or other person, files and application for insurance of c' any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, comm insurance act, which is a crime and subjects such person to criminal and civil penalties:' Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 15-802 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w take-elsinore.org Status: Approval Final File Type: Report City o/ Lake Elsinore Page 1 Printed on 10/22/2095 CITY OF %.L Z. LADE CLSIIYO�RE -- -- "=? DREAM GXTRAMB REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: FISCAL YEAR 2014-15 END OF YEAR OPERATING BUDGET STATUS REPORT — GENERAL FUND RECOMMENDATIONS Staff recommends that the City Council approve the following resolutions to amend the Fiscal Year 2014-15 Operating Budget (Exhibit A) and the GANN Limit for FY2014-15 and FY2015-16 (Exhibit B), as reflected and adjusted in the attached Exhibits. 1. RESOLUTION NO. 2015-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2014-15 ANNUAL OPERATING BUDGET 2. RESOLUTION NO. 2015-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2014-15 AND FY 2015-16 SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY BACKGROUND The City is presenting its FY2014-15 Projected End of Year results of the General Fund. The downturn in the economy continues to challenge many cities throughout the state and Lake Elsinore is no exception. While development activity momentum is building within the City, it is critical that we continue to operate in a fiscally prudent manner, maintain current public safety service levels, and continue providing key services that our citizens have come to expect. Included as attachments to this report are several schedules illustrate (in a tabular format) the projected ending status of the FY2014-15 End of Year Budget results for the General Fund. FISCAL YEAR 2014-15 END OF YEAR OPERATING BUDGET STATUS REPORT — GENERAL FUND Page 2 of 2 FISCAL IMPACT While the City is beginning to benefit from the improving economy, the development of an accurate, balanced and achievable budget is critical to establishing a solid foundation to manage the anticipated growth and demand for services within and by the community. In developing and implementing a comprehensive operating budget plan, the factors impacting the City's operations and financial condition are numerous, and while the City's General Fund is still in a vulnerable condition, efforts will continue to monitor operating activities closely to ensure the General Fund's resources are programmed appropriately. The FY2014-15 End of Year Budget Report is attached. The City Manager will be proactively working with each department to develop and present a balanced budget to the Mayor and City Council that moves the City forward in achieving its financial goals as part of the remaining FY2015-16 fiscal year and for the FY2016-17 Budget process. Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2014-15 ANNUAL OPERATING BUDGET WHEREAS, the City Council has a policy of adopting an annual operating budget to plan expenditures and to match anticipated revenues available in various City accounts in order to make the most efficient use of the City's limited resources for each fiscal year; and WHEREAS, the City of Lake Elsinore Municipal Code Section 3.04.010 defines the fiscal year for the City of Lake Elsinore as extending from July 11t of each year to and including June 30th of the following year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Lake Elsinore Annual Operating Budget is hereby approved as amended for the 2014-2015 fiscal year per attached Exhibit A. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 27th day of October, 2015 Steve Mano, Mayor City of Lake Elsinore ATTEST: Diana Giron Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney ss STATE OF CALIFORNIA COUNTY OF RIVERSIDE, CITY OF LAKE ELSINORE I, DIANA GIRON, Deputy City Cleric of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 27th day of October, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Diana Giron Deputy City Cleric CITY OF LAKE ELSINORE, CALIFORNIA SUMMARY OF REVENUES, EXPENDI'I URES, AND CHANGE IN FUND BALANCI 201415 AC FOALS INCLUDING 201546 ANNUAL OPERATING BUDGET Expenditures by Department: FY 14-15 REVISED General Government: FY13-14 REVISED FY 1415 FY 1546 ADJUSTME 15-16 CuYCouncll ACTUALS BUDGET PROJECTED $VARIANCE % VAR ADOPTED NTS ADOPTED Revenues: - - - - 0.00% 90,530 - 90,5' Salcs'fax $ 8,031,486 $ 0,265,889 $ 8,572,066 $ 306,177 3.70% $ 9,260,904 - .$ 9,260,904 Propel'ty'fax 5,495,091 5,916,787 6,221,584 304,797 .515% 6,621,212 - 6,621,212 Franchise Tax 2,275,619 2,359,500 2,389,413 29,91.3 1.27% 2,465,588 - 2,465,588 Building Permit Fee 1,956,923 1,75D,000 1,496,211 (253,789) 4150% 1,345,362 - 1,345,362 Property 77ansfer Tax "Il'ansient 274,518 245,000 292,324 47,324 19.32% 257,2.50 - 257,250 Occupancy Tax 462,169 275,000 451,490 176,490 64.113% 288,750 - 280,750 O Un v Li censcs& Pei in Is 897,992 1,035,900 9.54,348 (81,S.S3) -7.87"/0 976,012 - 976,012 I mega ver min enta l 89,360 218,407 206,511 (11,1396) 5.45% 231,855 - 231,855 Fees 2,752,076 3,553,975 3,338,S,S6 (215,419) -6.061A 4,072,532 - 4,072,532 Pi n es a nd Flu feitu'es 486,958 439,800 535,100 95,300 21.67/0 435,450 - 435,450 Pbc S vi vi cera x Crc d it 1,917,662 2,010,889 2,193,:315 174,426 8.64% 2,288,085 - 2,288,085 Invesmnenf Earnings 168,608 105,000 1115,861 861 0.02% 105,000 - 105,000 Rotchursenentls from RDA 321,180 321,180 302,979 (1H,201) -5.67% 321,100 - 321,180 RDA Lease Py ... ts (LERA) 761,282 1,129,OS0 1,129,050 - 0.00% 1,130,200 - 1,130,200 RDA SB211 11ass'fltrongh 94,4 As 98,000 34 2,04 0 244,040 249.0210 140,000 - 140,000 OUnmMiscellaneous Revenuu 960,959 1,709,977 1,684,381 (25,596) -1.50% 2,717,101 - 2,717,101 S p ecial Assess nmnts-Law&Fire-2003-1 1,790,620 2,091,200 1,988,436 (102,764) -4.91% 2,277,700 (68,561) 2,209,139 Specia l Assessor c nts-I.aw&Fire-2007-1 52,983 52,800 H0,897 28,097 53.21% 53,000 26,938 79,938 Special Assessments -Fire -2003-2 208,346 530,700 1,196,493 665,793 12.5.46% 615,000 (220,284) 394,716 parks, opcnr space, drainage cfd services 49,826 426,900 370,688 (.56,212) -13.171/, 417,900 87,526 505,426 Supplemental I,aw Enforcement Services Fund 108,518 100,000 106,230 6,230 6.23% 100,000 - 100,1100 ']'I Iffic Safety Fund 520,152 451,150 405,343 (45,807) -1015% 475,000 - 475,000 'I'raffu Offender Fund 166,295 95,000 57,649 (37,351) -39.32% 121,010 - 121,000 County of Riverside � Station 97 ('Truck] 529,362 529,362 .529,362 - 0.00% 616,235 - 616,235 Itcinrbursements for SU'eet Program - 1,798500 1,730,669 (67831) -3.77% 793,817 - 793,817 'Total Revenues 30,372,440 35517965 36,680,996 1,163,031 3.27% 38,126,132 (174,381) 37,951,751 Expenditures by Department: General Government: CuYCouncll 242,635 276,911 276,871 40 0.01% 308,31H - 308,318 Community Support - - - - 0.00% 90,530 - 90,5' City Treasurer - - - - 0.001 - City Clerk 300,191 384,200 300,700 3,500 0.911 492,908 - 492,90,. CityAttorney 358,230 432,000 431,103 897 0.21% 525,DOO - 525,000 City Manager 462,579 455,109 446,713 8,396 1.84% 522,030 - 522,030 Administrative Services Finance 82H,517 1,D26,975 1,009,521 17,454 1.700/0 1,410,526 90,260 1,508,786 Human Resources 307,919 233,207 229,673 3,534 1.521 379,829 - 379,829 Public Safety: Police Sevices 10,351,911 10,991,939 10,761,834 230,10.9 2.09% 11,797,370 (90,260) 11,707,110 Fire Seviccs 5,440,903 7,386,235 7,165,1110 221,127 2.99% 6,871,329 140,000 7,011,329 Animal Services 396,414 791,427 788,635 2,792 0.35% 814,820 - 814,820 Community Development: Phoning 827,537 915,406 900,939 14,467 1.58% 1,223,070 - 1,223,070 Emnamic Development 175,506 206,949 200,258 6,691 3.231 484,848 - 484,848 Building$ Safety/Fire Prevention 812,508 1,050,597 1,032,525 18,072 1.72% 1,384,680 - 1,384,680 Code En forcer en t/Graffiti 396,331 553,538 541,048 12,490 2.26% 695,659 - 695,659 Public Services: Engineering 1,292,.595 1,826238 1,804,413 21,825 1.20% 2,086,023 - 21086,823 11011cWoda/Weed Abacoment 571,489 1,429,378 1,405,125 24,293 1.70% 1,722,111 - 1,722,111 Pa ria M a i ntena nee 1,413,990 1,386,674 1,302,272 4,402 0.32% 1,536,342 - 1,536,942 Lake Maintenance 1,698,466 1,437,878 1,261,221 176,657 12.291 1,523,881 - 1,523,881 Community Services: Rea'ea[ion 257,051 701,307 694,151 7,156 1.02% 815,613 - 815,613 Coniruntty, Centel ' 533,484 604,814 445,273 159,541 26.38% 733,187 - 733,107 Senior Comer 177,073 163,620 160,965 2,655 1.62% 273,569 - 273,569 Campground - 35,000 34,017 983 2,01% 424,570 - 424,570 In teI I'M Se I -vice: Iu.Qlranec 462,132 435,300 434,974 326 0.071/. - _ - Infm'nlana11 Systems 523,1389 641,771 640,325 1,446 0.23% - - - Suppm'fSeviccs - 6,500 5,992 .SOH 7.81% - - Flect 409,949 451,989 455,751 (3,762) -11.83% - - - FacilityMainlenancc 298,815 252,H72 247,752 5,120 202"/0 - Nen-DepuYnnental- Opel 'ating 2,470,662 27819.50 2,793,795 (11,045) -0.43% 2,827,570 2,827,570 Total Expendihu'es 31,010,775 360597H4 35,930955 920,829 2.52% 38,952,583 140,000 39,092,503 Excess of 1leventles Over .$ 1,100,000 1,000'000 1,oaa,o0o 6,816,712 (Under) Hxpcuditares (638,327) (1,341,819) 750,041 2,091,868 Operating Transfers: OpetAmglransfrec In 153,599 - - - Operatinglrant'fm'sout (1,98.5749) (329,948) (186489) 143,459 (1,832150) (329,948) (186489) 143459 Excess of Revenues Over (Under) Expenditures and Operating7'i ansfau's ht/(Ont) (2,470,477) (1,671,767) 563,552 2,235,319 Pond 8alanre Beg. ofWar 13,783,118 11,312,641 11,312,641 I,, er Period Adjus(nent - - 14md8ala nee, Beg. e f Year (as restuled) $ 11,312,641 $ 9,640,875 $ 11,876,194 Detail of pill),] 13atance NonspendaW: Deposits and prepaid items $ 1,034,879 $ 1,034,879 $ 1,034,879 One B-um Successor Agency - - - Loans Receivable 1,000,000 1,000,800 1,000,000 Designated: Um e' rescwe 5,426,886 6,458,462 6,287,917 Undes(grm[erf: Umil orated reserve 3,859,877 1,155,534 3,553,398 Total Pend 8alanre (net) $ 11,312,641 $ 9,640,875 $ 11,876,194 -156% (826451) (314,381) (7,148,832) (425,[108( (425,000) (425,000) (425,000) (1,2.57,451) (314,381) (1,565,832) 11,876,194 11,876,194 8' 70624743 $ 70,310,362 .$ 1,034,879 .$ 1,100,000 1,000'000 1,oaa,o0o 6,816,712 6,841,282 1,773,162 1,369,160 $ 10,624,743 $ 10,310,362 CITY OF LAKE ELSINORE, CALIFORNIA 230,105 Contract hours were less than originally estimated SISI,EC'fL'D ANALYSIS OF (;rNE12Al. F'lIN) ISU[IC;V IVS MI [JN. VARJAN.us Dot to stafl'gschedrle Ifilogst 110ttll staffaatp step; and less mpact to contact l also thar,planned for. FORT fir, FISCAL YEAR ENDING JUNE 30,201, 176,657 Sslaa,saving, on an unfillodlollto,,sowll9Ii,0&M costs fm contract ser vices and maee,lals Cammualty Services 17 0,3 35 Soliyow gsduetoretlremenCpart-timesto"costs were lower than a nticl Feted DESCRIPTION $VARIANCE COMMENTS REVENUES 130,605 poll eI've 1ofse,v,1.pfograll, ill Ill m'e blain g maxlmlzed by Staff Speua] Aows.rneuts-Fill- 2003-2 $ 665,793 Staff was su...Iful in securing yredal tax levied on undwe.,Id(as allowed is, deve)apm en tag,eentent) Saleslax 306,177 Salestsxactivityincreased over cstimales.Budget was for 3% growth and actuals were 6.7% Property'fax 304,797 1,l,, w se in property values Aue to continuing recovery In the market place RDA SB211 pit lartih 244,044 List, 16,,cnsh tooCoun ase result of wlnddown of HDA made to all tax h, 9e Y tY ( 6 ntce Transient' Occupanry'fax 176,490 Increase in occupancy Aue to events in the areas surrounding thu city and compliance wltih'I'OT ordinance co Fire Sc,vlce I ax Credit 174,426 Ina ease it, property values netted an Increase in propmYisoate share of Fire Sc,vice Tax C, (ht Fines and Forfeitures 95,300 Ina ease h, law enforcement activity and pi ocessin of those tickets thrmlgh the courts Net Variance - Positive 1,967,025 Intergovernmental [11,096) Grencwervlessthananticipated,however,gratiUweiecostreilnbuisahle(a(,.roell'ect) Other licetrice & ]let miis, (81,553) )ecrease in anlmnl license feu, an d various other If,,, items Few Other Departments) (215,419) Dea'ea.I h, subd, fact, plan check fees Building Per mit Fee (253,789) Decrease due ties new SPR and a cla, part itIects ou rcoplp, Net Variance - (Negative) (562,656) Vaflous revenue line items(+(-)-nee(241,338) NetVanance- Revenues 3,031 EXPENDITURES Pohce Surview $ 230,105 Contract hours were less than originally estimated the Services 221,127 Dot to stafl'gschedrle Ifilogst 110ttll staffaatp step; and less mpact to contact l also thar,planned for. Iake Maineenancu 176,657 Sslaa,saving, on an unfillodlollto,,sowll9Ii,0&M costs fm contract ser vices and maee,lals Cammualty Services 17 0,3 35 Soliyow gsduetoretlremenCpart-timesto"costs were lower than a nticl Feted Opera ting Transfers ou t 143,459 '11:ansfer to LLM U Ci tywi d e was l ewer du eto in it ea.se of PY on pal d assessor en 0, and lower 0 &M costs All 0 Cher Della i for vias 130,605 poll eI've 1ofse,v,1.pfograll, ill Ill m'e blain g maxlmlzed by Staff Net Va riall ce - Expel, d i ill res 7 1,072,288 7'oml Net Afril (Posltive/(Negative) fron, FV2014150perating Rndget $ 2,235,319 CITY OF LANE ELSINORE, CALIFORNIA EXPENDITURES - BUDGET VS ACTUAL PROLEC'ITO ENDING AS OF JUNE 30, 2015 FY14-1S ADJUSTED FY14-15 ADJUSTED FY 15-16 BUDGET ACTUALS $VARIANCE % SPENT ADOPTED Fund: 100 -GENERAL FUND 51 - SALARIES &.BENEFITS Expense 51- SALARIES &BENEFITS 308,450.00 304,965.47 3,484.53 Division: 1005 - CITY COUNCIL 342,940.00 52- OPERATION &MAINTENANCE 75,750.00 75,734.30 51- SALARIES &BENEFITS 80,761.00 80,736.46 24.54 99.97"/0 94,630.00 52- OPERATION &MAINTENANCE 196,150,00 196,134.55 15.45 99,99% 130,350.00 53- CIIARG17S FOR SERVICE 380,699.77 - - 0.001/1, 83,338.00 SUBTO'T'AL 276,911.00 276,871.01 39.99 9299% 308,318.00 Division: 1010 - COMMUNITY SUPPORT 52- OPERATION &MAINTENANCE - 0.00% 90,530.00 SUBTOTAL - - - 0,00% 90530.00 Division: 1100 - CITY CLERK 51 - SALARIES &.BENEFITS 409,284.00 402,368.92 51- SALARIES &BENEFITS 308,450.00 304,965.47 3,484.53 98.870/ 342,940.00 52- OPERATION &MAINTENANCE 75,750.00 75,734.30 15,70 99.980/, 67,300.00 53- CHARGES FOR SERVICE, 98,16% 522,030.00 - 1,026,975.00 0.00% 82,668.00 SUBTOTAL 384,200.00 380,699.77 3,500.23 99.09% 492,908.00 Division: 1200 - CITY ATTORNEY 52 - OPERATION & MAINTENANCE 434000.00 431,102.79 897.21 99.79% 525,000.00 SUBTOTAL 432,000.00 431,102.79 897.21 99.79% 525,000.00 Division: 1300 - CITY MANAGER 51 - SALARIES &.BENEFITS 409,284.00 402,368.92 6,915.08 98.31% 427,120,00 52- OPERATION &MAINTENANCE 45,825.00 44,343.99 1,481,01 96.77% 20,200.00 53 - CHARGES FOR SERVICE 572.35 99.66% 278,170.00 74,710.00 SUBTOTAL 455109,00 446,712.91 8,396.09 98,16% 522,030.00 Division: 1410 - FINANCE 51- SALARIES &BENEFITS 857,960.00 841,078.69 16,881.31 98.03% 940,292.00 52- OPERATION &MAINTENANCE 169,015.00 168,44265 572.35 99.66% 278,170.00 53 - CIiARGES FOR SERVICE 93.75% 83,770.00 53- CHARGES FOR SERVICE 200,064,00 SUBTOTAL 1,026,975.00 1,009,521.34 17,453.66 98.30% 7418,526.00 Division: 14.20 - HUMAN RESOURCES 51- SALARIES &BENEFITS 191,44200 190,517.91 924.09 99.52% 245,520.00 52- OPERATION &MAINTENANCE 41,765.00 39,155.48 2,609.52 93.75% 83,770.00 53- CHARGES FOR SERVICE - itDIV/0! 50,539.00 SUBTOTAL 233207.00 229,673.39 3533,61 98.48% 379,829.00 Division: 2005 - POLICE SERVICES 51- SALARIES &BENEFITS 78,047.00 72,765.72 5,281.28 93.23% 90,260.00 52 - OPERATION & MAINTENANCE 10,913,892.00 10,689,068.04 224,823.96 97.91% 11,633,890.00 53- CHARGES FOR SERVICE - 4DIV/01 73,220.00 SUBTOTAL 10991,939.00 10761833.76 230,105.24 97.91% 11797370.00 Division: 2110 -SUPPRESSION 52- OPERATION &MAINTENANCE 7,385,735.00 7,165,107.64 220,627.36 97.01/0 6,604,030.00 53- CHARGES FOR SERVICE - - - 0,000/0 267,299.00 54- CAPITAL OU'T'LAY 500.00 500,00 0.00190 SUBTOTAL 7386,235.00 7165,107.64 221,127.36 97.01% 6871,329.00 Division: 2200 - ANIMAL SERVICES 52- OPERATION &MAINTENANCE 470,988.00 468,421.22 2,566.78 99.46170 504,800.00 55 -DEBT SERVICE 320,439.00 320,214.00 225.00 99.93% 310,020.00 SUBTOTAL 791427.00 788,635.22 2,791.78 99.65% 814,820.00 Division: 3010 - PLANNING & ZONING 51- SALARIES &BENEFITS 680,636.00 666,645.98 13,990.02 97,94% 824,646.00 52- OPERATION &MAINTENANCE 234,770.00 234,292.76 477.24 99.80% 203,020.00 53- CIIARG17S FOR SERVICE - 0400% 195,404400 SUBTOTAL 915,406400 900938.74 14467.26 98.42% 1,223,070.00 Division: 3020 - BUILDING & SAFETY 51- SALARIES &BENEFITS 648,207.00 633,322.86 14,884,144 97.70% 801,360,00 52- OPERATION &MAINTENANCE 164,550.00 162,994.07 1,555,93 99.05% 140,23000 53- CHARGES FOR SERVICE 0.001% 159,401.00 SUBTOTAL 812757.00 796,316.93 16,44007 9 AS% 1,100,991.00 Division: 2120 - PREVENTION I OF 3 CITY OF LAKE ELSINORE, CALIFORNIA EXPENDITURES -BUDGET VS ACTUAL PROJECTED ENDING AS OF JUNE 30, 2015 2 OF FY14-15 ADJUSTED FY14-15 ADJUSTED BY 15-16 BUDGET ACTUALS $VARIANCE / SPENT ADOPTED 52- OPERATION &.MAINTENANCE 237,840.00 236,208.00 1,632.00 99.31^/0 249,860.00 53- CHARGES FOR SERVICE - - - 0.00% 33,829.00 SUBTOTAL 237,840.00 236,208.00 1,632.00 99.31% 283,689.00 Division: 3030 - CODE ENFORCEMENT 51- SALARIES &BENEFITS 383,179.00 375,506.71 7,672.29 98.00% 463,900.00 52- OPERATION &MAINTENANCE 32,770.00 32,522.69 247.31 99.25°6, 13,000.00 53- CHARGES FOR SERVICE - - - 0.00% 85,716.00 SUBTOTAL 415,919.00 408,029.40 7,91.9.60 98.10% 562,616.00 Division: 3050 - GRAFFITI 51- SALARIES &BENEFITS 130,589.00 127,587.30 3,001.70 97.70% 99,260.00 52- OPERA LION &MAINTENANCE 7,000.00 5,431,48 1,568.52 77.59/0 15,100.00 S3- CHARGES FOR SERVICE - - 0,00% 18,683.00 SUBTOTAL 137,589.00 133,018.78 4,570.22 96.68% 133,043.00 Division: 3040 - ECONOMIC DEVELOPMENT 51 SALARIES &DGNLFIT3 128,929UU 12435556 4,593.44 96.44'% 266,482.00 52- OPERATION &MAINTENANCE 78,020.00 75,922.76 2,097.24 97.31% 197,020.00 53- CHARGES FOR SERVICE - 0,00% 21,346.00 SUBTOTAL 206,949.00 200,258.32 6,690.68 96.77% 484,848.00 Division: 4010 - ENGINEERING 51 -SALARIES & BENEFITS 880,088.00 862,214.54 17,873.46 97.97% 1,279,020.00 52- OPERATION &MAINTENANCE 946,150.00 -942,19858 3,951.42 99..58% 611,910.00 53- CHARGES FOR SERVICE - - 0.00%, 195,893.00 SUBTOTAL 1,826,238.00 1,804,413.12 21,824.88 98.80% 2,086,823.00 Division: 4020 - ADMINISTRATION 51- SALARIES &BENEFITS 691,487,00 '685,710.86 5,776.14 99.16% 758,970.00 52- OPERATION &MAINTENANCE 284,313.00 283,414.70 898.30 99.68:0 68,580.00 53- CHARGES FOR SERVICE - - 0.00% 378,222.00 SUBTOTAL 975,800.00 969,125.56 6,674.4 99,32% 1,205,772.00 Division: 4040 - WEED ABATEMENT 51- SALARIES &BENEFITS 390,478.00 373,264,98 17,213.02 95.59/n 411,970.00 52 - OPERATION & MAINTENANCE 63,100.00 62,734.67 365.33 99.42% 21,250.00 53- CHARGES FOR SERVICE - - - 0.00% 83,119.00 SUBTOTAL 453,578.00 435,999.65 17,578.35 96.12/0 516,339.00 Division: 4030 - PARK MAINTENANCE 51- SALARIES &BENEFITS 382,024.00 -379,886.74. 2,137.26 99.44/ 473,060.00 52 - OPERATION & MAINTENANCE 1,004,650,00 1,002,385,33 2,264.67 99.77%, 943,670.00 53- CHARGES FOR SERVICE - = - 0.00% 119,612,00 SUBTOTAL 1386674.00 1382272.07 4,401.93 99.6B% 1,536,342.00 Division: 5010 - LAKE MAINTENANCE 51- SALARIES & BENE PITS 377,018.00 293,752.73 83,265.27 77.91% 329,130,00 52- OPERATION &MAINTENANCE 1,060,860.00 - 967,468.42 93,391.58 91.20% 1,122,110.00 53- CHARGES FOR SERVICE - - - 0,00% 72,641.00 SUBTOTAL 1437878.00 1,261,221.15 17665685 87.71% 1,523881.00 Division: 6010 -RECREATION 51- SALARIES &BENEFITS 605,507.00 599,237,00 6,270.00 98.96% 570,100.00 52- OPERATION &MAINTENANCE 95,800.00 94,914.27 885.73 99.0890 124,600.00 53- CHARGES FOR SERVICE - SUBTOTAL 701.,307.00 - 694,15L27 - 7,155.73 0,00% 98.98%„ 120,913.00 815,613.00 Division: 6020 - COMMUNITY CENTER 51- SALARIES &BENEFITS 375,484.00 215,988.34 159,495.66 57.52% 417,180.00 52- OPERATION &MAINTENANCE 229,330.00 229,284.82 45.18 99.980/ 210,650.00 53- CHARGES FOR SERVICE - - - 0.00'% 105,357.00 SUBTO'IAL 604814.00 44527316 159540.84 73,62% 733,187.00 Division: 6030 - SENIOR CENTER 51- SALARIES &BENEFITS 110,820.00 109,315.59 1,504.41 98.64% 152,780.00 52- OPERATION &MAINTENANCE 52,800.00 51,648.92 11151.08 97.82% 82,590.00 53- CHARGES FOR SERVICE - - - 0.00%, 38199.00 SUBTOTAL 163620.00 16096451 2655.49 98.38% 273,569.00 2 OF CITY OF LAKE ELSINORE, CALIFORNIA EXPENDITURES - BUDGETVS ACTUAL PROJECTED ENDING AS OF JUNE. 30,2015 FY14-15 ADJUSTED FY14-15 ADJUSTED BY 15-16 BUDGETACTUALS $VARIANCE %SPENT ADOPTED Divismn: 6040 -CAMPGROUND 52- OPERATION &MAINTENANCE 51- SALARIES S, BENEFITS - - - 0.00°/ 13,020.00 52- OPE RATION &MAINTENANCE 35,00000 34,017.26 982.74 97.19% 388,850.00 53- CHARGES POR SERVICE Division: 9020 - INFORMATION SYSTEMS SUBTOTAL - 0.00/0 22,700.00 SUBTOTAL 35,000.00 34,017.26 982.74 97.19% 424,570.00 264,000.00 263,538.44 461.56 99.83% 54- CAPITAL OU'T'LAY Division: 9999 - NON -DEPARTMENTAL 104,268.07 50293 99.52% SUBTOTAL 641,771.00 21- PAYROLL DEUCTIONS PAYABLE 2,500.00 38.10 2,461.90 1.52% 51- SALARIES &BENEFITS 647,400.00 646,935.36 464.64 99.93% 707,370.00 52- OPERATION 9z MAINTENANCE 1,003,000.00 1,017,771.80 (14,771.80) 101.47% 990,000.00 55 DEBT SERVICE 1,129,050.00 1,129,050.00 - 100.0090 1,130,200.00 S9 - TRANSFERS (see below) SUBTOTAL 2,781,950.00 2,793,795.26 (11,845.26) 100,43 2,827,570.00 Division: 9010 - INSURANCE 52- OPERATION &MAINTENANCE 435,300.00 434,974.00 326.00 99.93% SUBTOTAL 435,300.00 434,974.00 326.00 99.93% 54 -CAPITAL OUTLAY Division: 9020 - INFORMATION SYSTEMS SUBTOTAL 252,872.00 247,752.42 5,119.58 51- SALARIES &BENEFITS 273,000.00 272,518.14 481.86 99.82% 52-OPERATION&MAINTENANCE, 264,000.00 263,538.44 461.56 99.83% 54- CAPITAL OU'T'LAY 104,771.00 104,268.07 50293 99.52% SUBTOTAL 641,771.00 640,324.65 1446.35 99.77% Division: 9030 - SUPPORT SERVICES 52- OPERATION &MAINTENANCE 6,500.00 5,992.24 507.76 92.19% SUBTOTAL 6,500.00 5,992.24 507.76 92.19% 54 -CAPITAL OUTLAY Division: 9040 - FLEET SUBTOTAL 252,872.00 247,752.42 5,119.58 51- SALARIES &BENEFITS 197,600.00 197,506.42 93.58 99.95^/ 52- OPERATION &MAINTENANCE 254,389.00 258,244.16 (3,855.16) 101.52% 54 - CAPITAL OU'T'LAY TRANSFERS SUBTOTAL 451,989.00 455,750.58 (3,761.58) 100.83% Division: 9050 - FACILITIES 51- SALARIES &BENEFITS 65,000.00 60,375.65 4,624.35 92.89% - 52- OPERATION &MAINTENANCE 187,872.00 187,376.77 495.23 99.74% - 54 -CAPITAL OUTLAY " SUBTOTAL 252,872.00 247,752.42 5,119.58 97.98% - TOTALS 36,859,784.00 35,930,954.90 928,829.10 97.48% 38,952,583.00 TRANSFERS 329,948.00 186,488.70 143,459.30 56.52% 425,000.00 GRAND TOTALS 37,189,732.00 36,117,443.60 1,072,288.40 97.12% 39,377,583.00 3 OF RESOLUTION NO, 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2014-15 AND FY 2015-16 SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Appropriations Limit will be calculated based on the changes in City population and California per capita personal income. SECTION 2. The Appropriations Limit for the City of Lake Elsinore for FY 2014- 15 and FY 2015-16, attached hereto, is hereby adopted. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 27th day of October, 2015. Steve Manos, Mayor City of Lake Elsinore ATTEST: Diana Giron, Deputy City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, DIANA GIRON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015- was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 27th day of October, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Diana Giron Deputy City Clerk REVENUE SOURCE TAXES Property (1) Sales (2) Fire Tax Credit Investment Earnings Business Gross Receipts Utility Users FEES Franchise Development Fees Other Fees, Permits & Licenses Fines & Forfeitures Administrative Charges Intergovernmental Miscellaneous Total % of Total Allocation of Interest Adjusted Total CITY OF LAKE ELSINORE APPROPRIATIONS (GANN) LIMIT PROCEEDS OF TAX CALCULATION FISCAL YEAR 2014-15 BUDGETED PROCEEDS OF TAX 10,089,386 8,185,889 2,018,889 105,000 300,000 2,357,500 BUDGETED NON -PROCEEDS OF TAX EXHIBIT A TOTAL REVENUE 10,089,386 8,185,889 2,016,009 105,000 300,000 2,357,500 277,000 277,000 4,133,300 4,133,300 1,236,375 1,236, 375 1,684,650 1,684,650 1,137,753 1,137,753 725,269 725,269 1,902, 550 1,902,550 23,056,664 11,096,897 $ 34,153,561 67.51% 32.49% 100.00% $ 19,547 15,453 $ 35,000 23,076,211 11,112,350 $ 34,188,561 Revenues are based on FY 2014-15 Adopted Operating Budget. Notes: (1) Includes Property Tax In -Lieu of Vehicle License Fees and Parcel Tax (2) Includes Property Tax In -Lieu of Sales Tax CITY OF LAKE ELSINORE APPROPRIATIONS (GANN) LIMIT FISCAL YEAR 2014-15 APPROPRIATIONS SUBJECT TO THE LIMIT FY 2014-15 Total Revenue* Less Non -Proceeds of Tax A) Total Appropriations Subject to the Limit APPROPRIATIONS LIMIT B) FY 2013-14 Appropriations Limit C) Change Factor** Cost of Living Adjustment - CPI Population Adjustment - PA Change Factor (CPI x PA) D) Increase (decrease) in Appropriations Limit E) FY 2014-15 Appropriations Limit (B x C) REMAINING APPROPRIATIONS CAPACITY (E - A) Remaining Capacity as Percent of the FY 2014-15 Appropriations Limit *Revenues are based on FY 2014-2015 Proposed Budget State Department of Finance Percent of Change in California Per Capita Income Percent of Change in City of Lake Elsinore Population % Increase Factor -0.23 0.9977 2.30 1.0230 1.0206 EXHIBIT B $ 34,188,561 11,112, 350 $ 23,076,212 73,075,959 $ 1,505,365 $ 74,581,324 $ 51,505,112 69.06% U F- 00 S w w LL w 00 0 0 0 N5Q tNo u?N r� U]=:: ONN c'i6 U U _} 00000 IL N N N N N ;. in MRMOJ Z F � .fid �o V uim Lu ¢ m (p M M M � U M M M V O Z ` ' (D M, J 00 O ti N 066 z M ' Q W 0 m J a w O N 0- Q z J EL Im Ya N Z N�rnorn U a J Q F- o th t0 M 0 ME J F-- Z O U Q d LL 0 0- a ir a z M o U l0000e 5F- iL O a LL w 00 0 0 0 N5Q tNo u?N r� U]=:: ONN c'i6 U U _} 00000 IL N N N N N EXHIBIT A CITY OF LAKE ELSINORE APPROPRIATIONS (GANN) LIMIT PROCEEDS OF TAX CALCULATION FISCAL YEAR 2015-16 BUDGETED BUDGETED PROCEEDS NON -PROCEEDS TOTAL REVENUE SOURCE OF TAX OF TAX REVENUE TAXES Sales (1) 9,260,904 $ 9,260,904 Property (2) 6,621,212 6,621,212 Property Transfer Tax 257,250 257,250 Franchise Tax 2,465, 587 2,465, 587 Other Tax 288,750 288,750 Fire Tax Credit 2,288,085 2,288,085 Special Assessments 3,189,219 3,189,219 FEES Fees, Licenses & Permits Intergovernmental Fines & Forfeitures Reimbursements Other Investment Earnings Total % of Total Adjusted Total 24,371,007 64.39% 6,299,006 331,855 1,031,450 3,001, 432 2,812,001 13,475,744 35.61% 6,299,006 331,855 1,031,450 3,001,432 2,812,001 $ 37,846,751 100.00% $ 67,614 37,386 $ 105,000 24,438,621 13,513,130 $ 37,951,751 Revenues are based on FY 2015-16 Amednded Operating Budget. Notes: (1) Includes Property Tax In -Lieu of Sales Tax (2) Includes Property Tax In -Lieu of Vehicle License Fees and Parcel Tax CITY OF LAKE ELSINORE APPROPRIATIONS (GANN) LIMIT FISCAL YEAR 2015-16 APPROPRIATIONS SUBJECT TO THE LIMIT FY 2015-16 Total Revenue* Less Non -Proceeds of Tax A) Total Appropriations Subject to the Limit APPROPRIATIONS LIMIT B) FY 2014-15 Appropriations Limit C) Change Factor** Cost of Living Adjustment - Population Adjustment - PA Change Factor (CPI x PA) % Increase Factor CPI 3.82 1.0382 3.07 1.0307 1.0701 D) Increase (decrease) in Appropriations Limit E) FY 2014-15 Appropriations Limit (B x C) REMAINING APPROPRIATIONS CAPACITY (E -A) Remaining Capacity as Percent of the FY 2015-16 Appropriations Limit *Revenues are based on FY 2015-2016 Proposed Budget State Department of Finance Percent of Change in California Per Capita Income Percent of Change in City of Lake Elsinore Population LW 4]VM . $ 37,951,751 13, 513,130 $ 24,438,621 74,581,324 $ 5,228,151 $ 79,809,475 $ 55,370,854 69.38% U. w O 0 t7 ro 0 0 0 0 o o f- Z Z N r � h N I- N Lq OJ V !.....;0 N N M M C) J as:::O.-N CO V (D (D �a rC� rvn rn w o N M V M W N V N N O V' (O �A mm "ri vio M IQ (O m N U1 M N Wa O (00 M M M IA f- N M V O N N Z (D W I- N (O 00 O N O W d M O I- M C(�ov ZQI-F wo(`5+ NN o m wO aa� F zIL ¢ V ul m O M V WY IN Mei 0 J Q N W (y Q I" .. O M (D M d' Ml o Q' O (D (M O rD n r Z IL o U Q a LL a Q o » 613 sa (n 0 (n (n a z 0�'000a000 sri M 0 0 0 O a J N V N Cl) O a U. w O 0 t7 ro 0 0 0 0 o o f- Z Z N r � h N I- N Lq OJ V !.....;0 N N M M C) J as:::O.-N CO V (D (D �a rC� rvn rn w o Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 15-803 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 10/22/2015 CITY OFi_ LADE LLSINOFZE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: PROJECT: OCTOBER 27, 2015 Recommendation Staff recommends that the City Council: 1. Approve and Introduce by title only and waive further reading of Ordinance No. 2015- ; AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.34, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES Background Unattended donation boxes provide a service to the community to dispose of unwanted and salvageable textile materials including clothes, shoes, belts, etc. The unattended donation boxes also provide business opportunities for charitable, non-profit and for profit organizations. Unattended donation boxes can and have resulted in significant negative impacts to properties in the vicinity and the aesthetic appearance of the City. Unattended boxes fall into disrepair, fall victim to graffiti, are not regularly emptied, items are allowed to be left outside the boxes, and hazardous materials and left at locations. In addition, property owners and box owners do not obtain permits or comply with provisions set forth in the Lake Elsinore Municipal Code. Due to numerous complaints from residents the Code Enforcement Division conducted a "sweep" of all unattended donation boxes in City and found a total of 51 unattended donation boxes, none had permits, many were in disrepair and many did not remove articles in a timely manner resulting in junk, trash and debris around the boxes. Code enforcement notified property owners to abate all unattended donation boxes. City Council Report — Unattended Donation Box Ordinance October 27, 2015 Page 2 of 3 New unpermitted unattended donation boxes and slowly making their way back into the City and require regulation to protect the public health, safety and general welfare. Discussion and Analysis The current LEMC regulations should be modified to ensure property location, maintenance, materials, processing permits and regulations. In addition, ensure that regulations and reasonably protected from legal challenge. Following is a brief summary of proposed revisions to LEMC Chapter 5.34 regulation of unattended donation boxes: 1) Add a definition for Community Development Director and delete City Manager. Regulating unattended donation boxes is a zoning function best implemented by the Community Development Department, 2) Remove City Clerk from accepting applications and transfer to the Community Development Department. 3) Delete the reference to California Welfare and Institutions Code Section 148.3 that only allows non-profit organizations from obtaining permits for unattended donation boxes. For profit businesses have resources to effectively and efficiently implement and maintain unattended donation box locations and facilities. In addition, it may not be legally advisable to limit free market participation. 4) Require a detailed, accurate and scale site plan to show location, size of boxes, and assure that required parking and vehicle access aisles are not obstructed. 5) Require a fee to recover staff costs. 6) State the City "may" renew permits and not 'shall". The City should have regulatory control in renewing permits based on permittee performance and compliance with LEMC provisions. 7) Identify materials shall be salvageable textile only (i.e. clothes, shoes, belts, etc.) and no hazardous materials. 8) Require donations shall only be deposited within the unattended donation boxes and left outside in public view. 9) Require permittees to provide a monthly report of materials received, hazardous or unwanted materials disposed of and the quantities. If the report identifies that minimal materials are received there may not be justification for a facility at that location. City Council Report — Unattended Donation Box Ordinance October 27, 2015 Page 3 of 3 10) Increase the minimum site distance from 400 feet to 1,000 feet. 400 feet is too close and could result in a proliferation of unattended donation boxes. 11) Remove the City Manager and replace with the Community Development Director references to review, approval and enforcement. 12) Upon revocation of a permit change the time to abate the facility from 30 days to 3 days. It should not take 30 days to remove a public nuisance. The addition the proposed amendments are consistent with provisions set forth in Assembly Bill AB 918, Salvageable personal property: collection boxes. Environmental Determination This Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060(c)(3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines. Fiscal Impact Costs incurred for staff time to research, draft and process the ordinance. Currently the City does not require a permit fee. Staff is recommending a nominal fee already identified in the fee schedule approved by City Council Resolution. Prepared By: Grant Taylor, Community Development Director Approved by: Grant Yates City Manager Attachments 1. Draft Ordinance Red -line 2. Draft Ordinance Clean Copy 3. Assembly Bill AB 918 4. Welfare and Institutions Code Section 148.3 5. Photographs Unattended Donation Boxes ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.34, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES WHEREAS, the City of Lake Elsinore ("City") is authorized by California Constitution, Article Xl, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; WHEREAS, unattended donation boxes provide a service to the community to dispose of unwanted textile including clothes, shoes, and belts; and WHEREAS, unattended donation boxes provide business opportunities for charitable, non-profit and for profit organizations; and WHEREAS, the City Council recognizes the right of private property owners to make available use of their property for unattended donation boxes; WHEREAS, the City Council finds necessary regulations for unattended donation boxes to better protect property, the natural beauty and integrity of the City, and the life, health and general welfare of the public. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.34 of the Lake Elsinore Municipal Code Regulation of Unattended Donation Boxes is hereby amended to read as follows: "CHAPTER 5.34 — REGULATION OF UNATTENDED DONATION BOXES 5.34.010 Definitions. 5.34.020 Permits. 5.34.030 Renewal of permits. 5.34.040 Requirements and maintenance. 5.34.050 Summary removal of junk and debris by City. 5.34.060 Summary removal of unattended donation box(es) on public property. 5.34.070 Nuisance abatement of unpermitted unattended donation boxes. 5.34.080 Revocation of permit, removal of unattended donation boxes and liability. 5.34..010 Definitions The definitions contained in this section shall govern the construction meaning, and application of words and phrases used in this Chapter. r -of th" City of -Make Elsinore or clesignee. of the City of Lake_Elsinore or designee, "Operator" means a person who utilizes or maintains unattended donation box(es) to solicit donations of salvageable personal property. "Permittee" means the property owner and/or operator who is issued a permit authorizing placement of unattended donation box(es). "Property owner" means the person who owns the real property where the unattended donation box(es) is or is proposed to be located. "Residential district" means R -M -R, R -R, R -E, R -H, R-1, R-2, and_R-3;- and -MC zoning districts as established pursuant to LEMC Title 17. "Unattended donation box" means any unattended container, bin, box or similar receptacle that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material governed or regulated by the zoning code or any unattended donation box located within a building. 5.34.020 Permits. A. It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this chapter. B. The permit application shall be made on a form provided by the Community _Development Departmen_tCity Clerk and shall include the following information. 1. The name, address, email, website (if available) and telephone number of the applicant. 2. Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property pursuanttoCalifornia Welfare and Institutions CodeSection14-:3-as amended. 3. The text of the disclosures that will be made on the unattended donation box as required by LEMC 5.34.040(A)(3); and 4. The physical address of the property owner's real property, and a drawingsite plan accurate and to scale to sufficiently toindicatethe proposed location of the unattended donation box on the property owner's real property and the size of the proposed unattended donation box. 2 5. If the applicant is not the property owner of the real property, the application shall also include the signed written consent of the property owner. C. So long as tThe operator who will utilize the unattended donation box issh all be qualified to solicit donations of salvageable personal property. pursuant to California Welfare -and -Institutions -Code Section 148.3, no feeshall be required. A fee shall be required pursuant to City Council Resolution as may be,amended from time to time. D. Applications shall be filed with the Community Development_DepartmentCity Clerk. E. The City shall not issue a permit unless: 1. The applicant has submitted a complete and accurate application; 2. The operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property -pursuant -to -California -Welfare -and -- Institutions Code Section -148.3 as amended; 3. The proposed location of the unattended donation box on the property owner's real property is in compliance with all applicable laws. F. If the City denies an application, the specific reasons for the denial shall be provided in writing. G. The term of the permit shall expire one year from the date of issuance. H. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person. I. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Communitty D,evelo�ment DepartmentCity Clerk in writing of the intent to cancel the permit. 5.34.030 Renewal of permits. The City mayshall approve the renewal of a permit upon the submission of a renewal application, and so long as the Community Development DirectorCity-Manager finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in LEMC 5.34.020 or that would justify the revocation of the permit as specified in LEMC 5.34.080. 5.34.040 Operational Requirements. A. A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the City as follows: 1. Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti; 2. Unattended donation boxes shall be locked or otherwise secured; 3. Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator; 4. Unattended donation boxes shall be serviced and emptied as needed, but at least every 714 days. 5. Unattended donation boxes shall be no more than 82 inches high, 56 inches wide and 49 inches deep. 6. Unattended donation boxes shall be for salvageable textile materials only.. _. No hazardous materials shall be permitted and is left -shall-be mmediatelyremoved and property disposed, 7 Unattended donation boxes materials, shall be deposited within_ the boxes only..„Items left outside the boxes shall_be immediately__removed by_ah_e permittee.. 8.1. Unattended, donation boxes permittees shall provide reports to the City of materials received on a quarterly basis,, B. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. C. Notwithstanding any other provision of this chapter, it is unlawful for any person to place an unattended donation box in any residential district or on any vacant parcel. D. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box less than 1,000400 feet from any other unattended donation box. E. Notwithstanding any other provision of this chapter, it is unlawful to locate more than one unattended donation box on each parcel of real property. F. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box on required parking spaces or within vehicle access aisles. 21 5.34.050 Summary removal of junk and debris by City. The Community Development DirectorCity-Managger is hereby authorized to summarily remove any junk, debris or other material in the area surrounding an unattended donation box if such junk, debris or other material constitutes a serious risk to the public's health, and safety oris a public nuisance pursuant to LEMC 8.18. The permittee shall be responsible to the extent provided by law for the cost to remove such junk, debris or other material. 5.34.060 Summary removal of unattended donation box(es) on public property. The ,Community Development_ DirectorCity--Manager is hereby authorized to summarily remove any unattended donation box(es) on public property, including the public right-of-way. The owner of such unattended donation box(es) shall be responsible for the cost of removal, temporary storage and disposal of such unattended donation box(es) to the extent provided by law. 5.34.070 Nuisance abatement of unpermitted unattended donation boxes. The City Council does hereby find that any unpermitted unattended donation box is a public nuisance. In the event the owner of private property upon which an unpermitted unattended donation box has been placed declines to remove such box within three days after service of a notice to remove such box, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 LEMC. 5.34.080 Revocation of permit, removal of unattended donation boxes and liability. The Commurnty Dopment evelDirectorCity-Manager shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this chapter or other law shall also constitute grounds for revocation of the permit. The Community. -Development DirectorCity-Manager shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee's real property within 330 days, and if not removed within this time period, the City may remove, store and dispose of the unattended donation box at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2015, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of 12015. ATTEST: Susan Domen, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Mayor Steve Manos City of Lake Elsinore City Council H. ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTER 5.34, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF UNATTENDED DONATION BOXES WHEREAS, the City of Lake Elsinore ("City") is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; WHEREAS, unattended donation boxes provide a service to the community to dispose of unwanted textile including clothes, shoes, and belts, and WHEREAS, unattended donation boxes provide business opportunities for charitable, non-profit and for profit organizations; and WHEREAS, the City Council recognizes the right of private property owners to make available use of their property for unattended donation boxes; WHEREAS, the City Council finds necessary regulations for unattended donation boxes to better protect property, the natural beauty and integrity of the City, and the life, health and general welfare of the public. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.34 of the Lake Elsinore Municipal Code Regulation of Unattended Donation Boxes is hereby amended to read as follows: "CHAPTER 5.34 — REGULATION OF UNATTENDED DONATION BOXES 5.34.010 Definitions. 5.34.020 Permits. 5.34.030 Renewal of permits. 5.34.040 Requirements and maintenance. 5.34.050 Summary removal of junk and debris by City. 5.34.060 Summary removal of unattended donation box(es) on public property. 5.34.070 Nuisance abatement of unpermitted unattended donation boxes. 5.34.080 Revocation of permit, removal of unattended donation boxes and liability. 5.34..010 Definitions The definitions contained in this section shall govern the construction, meaning, and application of words and phrases used in this Chapter. 1 "Community Development Director" means the Community Development Director of the City of Lake Elsinore or designee. "Operator" means a person who utilizes or maintains unattended donation box(es) to solicit donations of salvageable personal property. "Permittee" means the property owner and/or operator who is issued a permit authorizing placement of unattended donation box(es). "Property owner" means the person who owns the real property where the unattended donation box(es) is or is proposed to be located. "Residential district" means R -M -R, R -R, R -E, R -H, R-1, R-2, and R-3 zoning districts as established pursuant to LEMC Title 17. "Unattended donation box" means any unattended container, bin, box or similar receptacle that is located on any lot within the City and that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable material governed or regulated by the zoning code or any unattended donation box located within a building. 5.34.020 Permits. A. It is unlawful and a public nuisance for any property owner or other person to place, operate, maintain or allow unattended donation boxes on real property unless the property owner first obtains a permit pursuant to this chapter and the donation box is placed, operated and maintained in accordance with all provisions in this chapter. B. The permit application shall be made on a form provided by the Community Development Department and shall include the following information. 1. The name, address, email, website (if available) and telephone number of the applicant. 2. Written proof sufficient to establish that the operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property 3. The text of the disclosures that will be made on the unattended donation box as required by LEMC 5.34.040(A)(3); and 4. The physical address of the property owner's real property, and a site plan accurate and to scale to sufficiently indicate the proposed location of the unattended donation box on the property owner's real property and the size of the proposed unattended donation box. 2 5. If the applicant is not the property owner of the real property, the application shall also include the signed written consent of the property owner. C. The operator who will utilize the unattended donation box shall be qualified to solicit donations of salvageable personal property A fee shall be required pursuant to City Council Resolution as may be amended from time to time. D. Applications shall be filed with the Community Development Department. E. The City shall not issue a permit unless: 1. The applicant has submitted a complete and accurate application; 2. The operator who will utilize the unattended donation box is qualified to solicit donations of salvageable personal property; 3. The proposed location of the unattended donation box on the property owner's real property is in compliance with all applicable laws. F. If the City denies an application, the specific reasons for the denial shall be provided in writing. G. The term of the permit shall expire one year from the date of issuance. H. No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person. I. Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Community Development Department in writing of the intent to cancel the permit. 5.34.030 Renewal of permits. The City may approve the renewal of a permit upon the submission of a renewal application, and so long as the Community Development Director finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in LEMC 5.34.020 or that would justify the revocation of the permit as specified in LEMC 5.34.080. 5.34.040 Operational Requirements. A. A permittee shall operate and maintain or cause to be operated and maintained all unattended donation boxes located in the City as follows: 1. Unattended donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti; 2. Unattended donation boxes shall be locked or otherwise secured; 3. Unattended donation boxes shall contain the following contact information in two-inch type visible from the front of each unattended donation box: the name, address, email, and phone number of both the permittee and operator, 4. Unattended donation boxes shall be serviced and emptied as needed, but at least every 7 days. 5. Unattended donation boxes shall be no more than 82 inches high, 56 inches wide and 49 inches deep. 6. Unattended donation boxes shall be for salvageable textile materials only. No hazardous materials shall be permitted and is left shall be immediately removed and property disposed. 7. Unattended donation boxes materials shall be deposited within the boxes only. Items left outside the boxes shall be immediately removed by the permittee. 8. Unattended donation boxes permittees shall provide reports to the City of materials received on a quarterly basis. B. The permittee shall maintain or cause to be maintained the area surrounding the unattended donation box(es) free of any junk, debris or other material and shall be responsible to the extent provided by law for the cost to abate any violation. C. Notwithstanding any other provision of this chapter, it is unlawful for any person to place an unattended donation box in any residential district or on any vacant parcel. D. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box less than 1,000 feet from any other unattended donation box. E. Notwithstanding any other provision of this chapter, it is unlawful to locate more than one unattended donation box on each parcel of real property. F. Notwithstanding any other provision of this chapter, it is unlawful to locate any unattended donation box on required parking spaces or within vehicle access aisles. 5.34.050 Summary removal of junk and debris by City. n The Community Development Director is hereby authorized to summarily remove any junk, debris or other material in the area surrounding an unattended donation box if such junk, debris or other material constitutes a serious risk to the public's health, and safety or is a public nuisance pursuant to LEMC 8.18. The permittee shall be responsible to the extent provided by law for the cost to remove such junk, debris or other material. 5.34.060 Summary removal of unattended donation box(es) on public property. The Community Development Director is hereby authorized to summarily remove any unattended donation box(es) on public property, including the public right-of-way. The owner of such unattended donation box(es) shall be responsible for the cost of removal, temporary storage and disposal of such unattended donation box(es) to the extent provided by law. 5.34.070 Nuisance abatement of unpermitted unattended donation boxes. The City Council does hereby find that any unpermitted unattended donation box is a public nuisance. In the event the owner of private property upon which an unpermitted unattended donation box has been placed declines to remove such box within three days after service of a notice to remove such box, the affected property shall be subject to the nuisance abatement process set forth in Chapter 8.18 LEMC. 5.34.080 Revocation of permit, removal of unattended donation boxes and liability. The Community Development Director shall have the right for cause to revoke any permit issued hereunder. Any of the grounds upon which he or she may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this chapter or other law shall also constitute grounds for revocation of the permit. The Community Development Director shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended donation box shall be removed from the permittee's real property within 3 days, and if not removed within this time period, the City may remove, store and dispose of the unattended donation box at the expense of the permittee. Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. 5 SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2015, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the _ day of , 2015. ATTEST: Susan Domen, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Mayor Steve Manos City of Lake Elsinore City Council m BILL ANALYSIS AB 918 Page I CONCURRENCE IN SENATE AMENDMENTS AB 918 (Adams) As Amended June 22, 2009 Majority vote Y: I I 12009) _ .. 1 __. 1 ._12010) I Original Committee Reference: JUD. SUMMARY Requires an organization that owns an unattended collection box, used for soliciting or collecting donations of personal property, to conspicuously display specified information about itself on the exterior of all such collection boxes; and, authorizes local jurisdictions to prohibit the organization from employing any collection box if it does not adhere to these disclosure requirements. Specifically, this bill 1)Defines a "collection box" to mean an unattended canister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property. 2)Defines a "commercial fundraiser" tc have the same meaning as in Government Code Section 12599(a). 3)Defines two types of "covered organizations", having specified characteristics, to which the disclosure requirements shall apply: a) Nonprofit organizations; and, b) For-profit organizations, including but not limited to commercial .fundraisers, as defined. 4)Requires that a collection box that is owned by a covered organization clearly and conspicuously display on its exterior the name, address, telephone number, and Web site address of the organization that owns the box, in addition to a statement in at least two-inch type that states whether the box is owned and operated by a for-profit organization or a nonprofit organization. AB 91£3 Page 2 5)Requires, in the case that the collection box is owned by a commercial fundraiser, that the box display, in at least two-inch type, a statement that the box is owned and operated by a for-profit organization but that the proceeds will benefit a charitable cause. 6)Requires, in the case the collection box is owned by a nonprofit organization or a commercial fundraiser, that the box di.splay the followi.ng additional information: a) The organization's charitable trust number issued by the Attorney General; b) The organization's California business license number.; and, C) A statement describing the previous year's charitable activity, i.ncluding the percentage of the organization's total donation proceeds that was used for the charitable cause. 7)Requires, in the case the collection box is owned by a for-profit organization, that the box display the following additional information: a) The for-profit organization's California business license number; arid, b) A statement that the contribution is not tax deductible. B)Authoriz.es a local jurisdiction to prohibit a person or eligible organ.i.zation from placing, using, or employing a collection box for solicitation purposes if the box does not adhere to these disclosure requirements. Further provides, however, that nothing in this proposed legislation shall be deemed to limit a local jurisdiction from adopting ordinances or regulations regarding collection boxes that go beyond these provisions, nor shall it supersede or limit existing federal authority over fundraising for charitable purposes. The Senate amendments delete the requirement that the owner of the collection box obtain written or verbal consent from the owner or lessee of the property where the collection box is located, stating that the owner of the collection hox has received permission to place the box on the property. _AB 918 Page 3 EXISTING LAW 1)Provides that .it shall be unlawful for any association of persons to engage, directly or indirectly, in soliciting donations of salvageable personal property, or in selling salvageable personal property obtained by soliciting, except an association which is exempt under Revenue and Taxation Code Section 23701d or 23701£ from any tax imposed by the Bank and Corporations Tax Law. 2)Defines "solicit" to mean, among other things, rpqunsts made by means of any box or receptacle, upon any public street, sidewalk or way, or in any public park or in any publicly owned or controlled place; or, by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby, or entranceway, or other place open or accessible to the public. Defines "salvageable personal property" to mean any type of corporeal personality, new or used, but not including money or evidences of debt. 3)Provides that a "commercial fundraiser for charitable purposes" shall include any person, association of persons, corporation, or other entity that obtains a majority of its inventory for sale by the purchase, receipt, or control .for resale to the general public, of salvageable personal property solicited by an organization qualified to solicit donations pursuant to Welfare and Institutions Code Section 198.3. 9)Governs the activities of charitable organizations and corporations and specifically regulates their fundraising activities through the Uniform Supervision of Trustees and Fundraisers for. Charitable Purposes Act. 5)States that, while the charitable solicitation industry has a significant impact upon the well. -being of the people of this state, regulation of solicitations and sale solicitations is necessary for the public welfare. 6)Endows local governments with the power to regulate the time, manner, and place of activities within their respective jurisdictions in order to promote order and protect the health and safety of their citizens. AS 918 sage ---y AS PASSED BY THE ASSEMBLY , this bill was substantially similar to the version approved by the Senate. FISCAL EFFECT None COMMENTS This bill, sponsored by the California Council of Goodwill Industries (Goodwill.), would require an organizaCion that owns an unattended collection box to conspicuously display specified information about itself on the exterior of all such boxes it uses for,: soliciting or collecting donations of personal property. In addition, this bill authorizes local jurisdictions to prohibit an organization from using or employing such collection boxes if it does not adhere to these disclosure requirements. According to the author, the specific disclosure requirements contained in this bill. will ensure that individuals donating their personal property through use of unattended collection boxes are informed that their donation is going to either a non-profit charitable organization or a for-profit organization. In the case of non-profit organizations or conunercial. fundraisers, individuals will also be informed from the box's exterior what percentage of the organization's total. donation proceeds was used for the charitable cause in the previous year. The sponsor, Goodwill, writes that the purpose of this billis to create a level playing field for all non-profit organizations that rely on private clothing and household items donated to support their charitable programs. Goodwill also states: "It is important that organizations which utilize unattended donation boxes to solicit donated goods for resale, for profit, or charitable use are required to provide proper disclosure about their organization so the public knows clearly what charitable cause willbenefit from their donation." The California Association of Nonprofits also supports this bill, stating that the improved disclosure requirements for unattended collection boxes will help protect the public from being misled and discourage unscrupulous operators from entering the clothing donation arena. Analysis Prepared by Anthony Lew / JOD. / (916) 319-2339 Californias Welftre and Institutions Code Scction 1483 (2011) 1W.0 cal mf . Cotlns. 1'Jr.Ifouad Inatulinus CnAa Atlministmtion v(4Vuliam & Insuw OOl�s Ra4ni ubrn P t, 'SF�on ( � Ucuhk Ptr , iiop AaC l',� I.. 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Iti. Agenda Date: 10/27/2015 In Control: City Council Agenda Number: 10) City of Lake Elsinore Text File File Number: ID# 15-804 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore org Status: Approval Final File Type: Report City or Lake Elsinore Page 1 Printed on 10/22/2015 M V ,B y E (n N c0 E Y Q m M � a m o �nvr� . � N ,C n+ � rN i v M Q z C w+ (n N U rN v M z w+ MV p U � � d � c � � Z O Wo 0 0 h -j VO in Q C m 7 `,' 1 O D a N m O LLIm W W W n p 75 U LLJ a) a W0- n� .0 O0 z OLL F- �n Q p U p W a c a) ry W N uj O n- 0 m .� .-., ° m W n" o 3 w m` am z° �v c m W mm Q }� o°J 0) 3°30` • Z d'W F- 0] -J 7 I��U) 0 a)m �o �Mm o �✓ u` Z o O CL I- Z a�'i o) o c a) Q m z O Z NNQ 4+.. U O Z Q S Q p) C fn m O L TQ (7 O�N> m �p0�Q0) = aE 000� Gomo CL Wi` E w E c o 0 Q 0 O) N „_ -O S .0 Z � i 0 .c 2.s m d c l ^Y �! W 0-2 CC Em— C.0 -% Q cG W n m C Z V! 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O@ice O N M o6 N c0� M , iCAII O ui N d- W a N Y d 0 o �(nO S N M M � d' h OJ .- N (O O (O O O V m O d M r m %- � O N RC M Z 09 d O m f6 N (0 N l0 > � > > r > O O r O CL � N (D N (0 N z C c O °6) OCK U N O � O 0 0 F Z tl "- U) _ .@ c ,"-� W U O LU o w Z o -1 U° m m E w c W �00 c < �>�aa)o0 00_ a0 c O o.o o> J a ul .� LLT0 U VO(/J N N tl a�q) LLI w0) WZz�a, N W Z W D- �Y� m ti iiia U ULLatL ) J \ \ [if ) \ \ \ \ = G G \ } g # ± 0 2 ®o j ( / § § \ %/ \ / K p z S / / } / } q \ § ( / § ® w §( LU d b )_) ( \ j \ \ \ \ § / j/ § m e m= e= 0 z e= Of c = o < \ \ / / < � \ \ R $ ® LL = o \ $ / ® § o U) i-- g= 7 0 z x ° { \ \ \ \ \ \ \ \ \ \ F- z m 0 _ j 5 ( ± t 2 §) j / \ \ � \ o co ® 7 z )22 m / \ z � 0 § E \ \ k [ ( ) j \ [ f } L u z / a S y z » / ( _ \ 2 j \ w ) � \ \ b ] ( Lli §§ F-§ 000« k u 3 y/\ 0\ z k \} L) a 0 Q- z i& 9+ v§\§ 3 e COMMUNITY SERVICES DEPARTMENT AGENDA REPORT TO: Grant Yates, City Manager FROM: Johnathan O. Skinner, Community Services Director DATE: October 27, 2015 SUBJECT: Community Services Department Monthly Report PREPARED BY: Audrey Young, Management Analyst RECOMMENDATION: Receive and file BACKGROUND: The following provides a summary of the Community Services Department's programs, activities and events for September 2015. VOLUNTEERS We are currently recruiting clerical volunteers for the following departments: Senior Center Public Words, Engineering and Community Services. COMMUNITY CENTER During the month of September recreation classes brought in $21,000 in participation fees. That equaled over 6,990 visitors to the Community Center and another 1,300 to the Tena Cotta Gymnasium. September saw the addition of an additional tennis program, a new firearm safety class and a special event ZUMBA Masters Class with over 100 in attendance. September also saw over 20 park reservation and three skate park reservations. Our Park Monitors also reported thousands of residents visiting the parks throughout the month. SENIOR CENTER The Senior Center hosted the following services during the month of September: Mobile Fresh, Legal Advice, bread distribution, Notary and served 622 lunches. In addition, the Senior Center received a donation of over 45 muffins from Flour Fusion, which were well appreciated. Workshops for the month of September included: Good Posture, Young at Heart, Nutrition & Hydration, Environmental Safety, Dr. Asprec on Healthy Kidneys, and Medicare 101. In addition the following classes were offered: art classes, yoga, and tai chi. The Senior Center once again served as a "Cool Center". Over 200 senior patrons took advantage of saving on their electric bill by spending the day in our air conditioned facility. The repair project in the main room and window repair in the computer room commenced. Additionally, with the assistance of the Rotary "InterAct" Club and the Rotarians, the Seniors held a Clean-up the Senior Center day. Lastly, the Rotary "InterAct" club held an activity day, where teens taught computer programs and played games. SPECIAL EVENTS The Survivor Mud Run hosted their 5m annual event at the Diamond Stadium with 3,000 people in attendance. Waves of up to 300 people started at 9 a.m. and went every 15 minutes. Participants were able to enjoy a scenic run along our levee with a minimum of 18 obstacles that challenged them every step of the way. After the run, spectators and participants were able to enjoy live music and a beer and wine garden. ARTS & CULTURE The Arts & Culture Ad Hoc Subcommittee met several times throughout the month to develop a Mission Statement and consider potential public art programs and projects. Studio 395 prepared a submission for the National Endowment for the Arts OUR Town grant application and the City of Lake Elsinore City Council provided a Letter of Support for inclusion in the submission. STAFF On September 21, 2015, the Community Services Department welcomed a new Management Analyst, Ms. Audrey B. Young. Ms. Young started out strong with reviewing standard agreements and the department budget. In addition, she assisted with facilitating discussions for the Arts & Culture Ad Hoc Subcernmittee and preparing for the 2015 State of the City event presentation. C I'1 -Y o1 ica�. I...S.iic5_1�I� - � nnr.n nn iltrr.. v. nor. CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: OCTOBER 27, 2015 SUBJECT: MONTHLY PUBLIC WORKS SUMMARY OCTOBER 2015 Public Works Street Maintenance Se tember P _-October Pot Hole Repairs 97 379 Graffiti Removal 0 _ Storm Drains Cleaned 33 76 Illegal Dumping Clean-ups 33 - 55 Signs Installed -- - 17 _ 9 _. — Sign Repairs 14 50 _ Sidewalk Repairs (Square Ft) 0 0 Curb & Gutter Repairs (Linear Ft) 0 0 Removed Illegal Signs 13 21 Area Sprayed With Herbicide (in acres) 0 27.5 Shopping Carts Pick -Ups 39 30 Trimmed Trees Various Locations 4 4 ---.._..---------- __ --._.. Drain Inspections 33 76 Removal of Road Hazards 12 18 Heatwurx Repair Unit Vehicle 0 -- 0 7 _Maintenance ... - -- Vehicle Repairs_ - — 17 20 -. Vehicle Service 8 5 Alignments 1 0 Tire Installation & Repairs 12 14 Small Equipment Repairs -- 4 8 - — - - ----- Service Calls 14 11 Mufflers & Tailpipes 0 0 _ Body Shop Repairs 0 0 Vehicle Maintenance Trailers Repaired 9 11 Batteries & Jump Starts _.. 7 5 Boat Repairs 17 1 2 Heavy Equipment Repairs 11 14 Vehicle Maintenance Program (Fleet 2000) 0 0 Weed Abatement Lots Cleaned 37 57 -City Lots Cleaned 3 7 Trees Trimmed 118 52 Illegal Dumping Clean-ups 38 10 _ Replaced irrigation clocks 0 0 Shopping Carts Picked Up 12 0 Checked all Landscaped areas for Major Issues_ 2 2 Days Removed Illegal Signs 18 2 Facilities Division - Service Calls City Hall 31 62 P.W. Yard 17 21 Cultural Center 17 30 Community Center 6 --- ...--- --- 9 Senior Center 19 21 Tiny Tots 0 0 Chamber Building 6 1 Station 85 6 1 Station 94 0 0 Station 97 1 2 ENGINEERING DIVISION PUBLIC COUNTER Research Requests 7 6 Plan Checks 0 _. 3 Final Maps p - ---p Grading __- -2 --- 6 Street Improvement 0 5 Development Review 3 3 Flood Plain Determination 1 0 Bond Release Requests 1 — 2 Water Quality Management Plan Reviews 4 3 Oversize Transportation Permits 12 3 Encroachments Permit Applications 17 19 Encroachment Permit Traffic Issues 3 4 CIP UPDATE Project Project Design Construction Project Status Location Senior Center Sidewalk Senior 100% plans 100% Complete Project completed June Improvements Center completed 2015. Landscape Project No. 4424 improvements are under separate contract with EVMWD. Landscape Plans are approved for construction. Open Cost sharing discussion with EVMWD for Landscape ---....... improvements. _.. - -------- ......... -..... - Serenity Park- Skate ----._...._.. -- Serenity Park ..._.__...-- Under In progress Design of restrooms and Zone (Phase 2) Preliminary Preliminary design Project No. 4419 Design layout for BMX park is Phase under Preliminary planning stage. Tree survey on BMX Park was completed on 8/27/2015. Final Tree report expected by end of November, 2015 Facilities Master Pian Citywide 95% Preparation of final Project underway. Data Project No. Z30000 complete report per contract collection completed. agreement GHD incorporating staff comments to the Final Report. Parks Facilities Master Citywide 95% Preparation of final Project underway. Data Plan complete report per contract collection completed. Project No. 4106 agreement. GHD incorporating staff comments to the Final Report. - --- ------- ------- City Master Drainage ._ Citywide In progress Hydrology for districts Plan Update underway Project No, 120 i I CIP UPDATE Project Project Location Design Construction Project Status User Fee Study _ Citywide _ In progr—ess Fee_-underway underway by Project No. Z30002 Willdan Engineering. Cost allocation study completed. Anticipated completion March/April 2015 -__ Gunnerson Street ---..._ Gunnerson __- 100% -- TBD ------ _.._... - ._..._ NEPA Clearance and Rehabilitation between design CE was approved by Project No. 4350 Lakeshore completed Caltrans on 10/8/2015. Drive and by City Staff Staff will submit RFA SR-74 Package for Construction to Caltrans on 10/22/2015. Collier Island Qutlet Mall 100% Under Progress Construction work Modification Phase I completed started on 8/10/2015. Project No. 4388 Studio 395 are finalizing Art Work design and frame details. About 70% of construction has _..___ been completed so far. _-..—._...-- City Monument Signs Lake Elsinore __---- 100% -.. Under Progress AToM Engineering Inc., Project No. 4396 completed are preparing shop drawings for the sign fabrication. Limited NTP issued for preparing shop drawings and order material. Shop drawings will be submitted to Caltrans for final approval. Third Street Drainage – Lake Elsinore 35 /° Prelim Award of Contract to Phase 1 under Michael Baker selected Project No. 4296 review as design engineer. CIP UPDATE . ... ...... . Project Project Design Construction Project Status Location Pavement Management Citywide No design 95% Completed Construction contract Program (Grind & plans awarded to Hardy & Overlay / R&R Phase 2) needed Harper. Pre - Project No. Z10008 construction meeting was held on 7/22/15. Rehab work was completed as of 9/9/2015. Restoration of ground monuments by surveyor is under progress Annual Pavement Citywide Preparation Not needed. Field surveof the y Management Plan - of report. sidewalk has been Project No. Z10005 No design completed. Bucknam needed Group, Inc. submitted draft report for City review. I-15/Railroad Canyon 1-15 @ In progress PMED in progress. Road Interchange Railroad Second Project Improvements (PAED) Canyon outreach was held on Project No. Z10016 Interchange July 13, 2015. Final Design and RNV purchase funding was secured thru RCTC TUMF. Anticipated PMED completion in Jan 2016. - -Mai-n -Street -Interchange ----------- Project Design & Project No. Z10017 Environmental process was executed on July 9, 2015, The project is being submitted to Caltrans under the streamline process. The design is expected to be finalized by Nov 2016 .......... CIP UPDATE Project Projetct Locaio I Design Construction Project Status Lake Inlet Channel Lake inlet Design firm selected for channel emergency' repair of northwesterly i slope. Notice to from the Proceed issued 10/15 to terminus of NTS. San Jacinto River to Morton Street Camino Del Norte Notice to proceed issued Extension — Preliminary on July 6, 2015 & Final Design 35% plans are scheduled to be completed by Sept 10, 2015 85% plans are scheduled to be completed by Nov 30, 2015 Temescal Canyon Bridge Notice to proceed issued I. Replacement —PA&ED on March 2015 Right-of-Entry to Temescal Canyon Wash within Pacific Clay property to perform Environmental Assessment was received on Aug 5, 2015 Additional Alternative alignment has been Analyzed. PA& ED is scheduled to be completed by May 2017 Whisker's Fishing _. Lakeshore 100% ------- Under Progress -- Construction contract Beach Improvements Drive Completed was awarded to LC Paving. Ground breaking and Construction began on 10/19/2015. September 2015 Lake Elsinore Police Department Monthly Report Leonard Hollingsworth, Chief of Police Lake Elsinore City Police Department Monthly Statistics September 2015 Year To Date t t r Calls For Service 44 11 Average Response 6.84 4,85 "• t r Calls For Service 693 829 t r r Calls For Service 783 786 =13ROM-n!'NERM m 2014 ra: 2015 Calls For Service 460 454 ELWINEri r Calls For Service 1,980 2,080 DUI Traffic Collisions DUI Arrests Injuries Fatalities Arrests Search Warrants High Visibility Patrol Caseload/Investigations Community Service Projects Citizen Complaints September E•11 4 1 17 14 10 15 1 0 42 6 0 3 25 n/a 3 2 n/a 3 0 Calls For Service for The Month Year To Date t t r 365 384 275 6.34 6.74 6.15 "• DUITo4fic 5,691 5,841 G,915 t r r 6,015 6,920 7,069 =13ROM-n!'NERM m 2014 ra: 2015 3,855 4,045 4,189 ELWINEri UL, 15,926 17,190 18,448 DUI Traffic Collisions DUI Arrests Injuries Fatalities Arrests Search Warrants High Visibility Patrol Caseload/Investigations Community Service Projects Citizen Complaints September E•11 4 1 17 14 10 15 1 0 42 6 0 3 25 n/a 3 2 n/a 3 0 Calls For Service for The Month 'i Traffic Statistics 693 879 44 783 786 460 454 Y 4 1 M 77 ]] `.3r 15 — " 1 0 ""�' "• DUITo4fic DLIIArtests Iniorle5 Fatalities Priority Pr nty2 Nwity3 priority Collislons m 2014 ra: 2015 m2014 : .2015 Definition of Priority Calls If the call for service involves more than one crime, the call type with the highest priority shall be used. PRIORITY 1 CALLS: Involve circumstances that pose, or did pose in the immediate past, a clearly defined threat to human life or properly and which involve a high level of violence or which have the, potential for serious injury. These calls shall be entered by the PSCO within 60 seconds (1 minute) of receipt. The PSCO shall keep the reporting party on the line in circumstances where officer safety is a concern or when doing so may assist the officer in apprehending the suspect(s). PRIORITY 1A CALLS: Involve circumstances that pose, or did puce in Rie immediate past, a clearly defined threat to hurnan life or property. These calls shall be entered by the PSCO within 60 seconds (1 minute) of receipt. The PSCO shall keep the reporting party on the line in circumstances where officer safety is a concern or when doing so may assist the officer in apprehending the suspect(s). RIORITY 2 CALLS: Involve circumstances of an urgent but not life threatening nature. They are generally disturbances with a potential for violence, minor assaults and batteries, unknown or suspicious circumstances, and certain thefts. These calls shall be entered within 120 seconds (2 minutes) of receipt by the PSCO. PRIORITY 3 CALLS: Involve circumstances which are neither urgent nor life threatening. Many of these calls are simple disturbances of the peace. PRIORITY 4 CALLS: With the exception of several felonies, most past calls arc; considered Priority 4. WAS w U cr L LL O 1 < w U v --v O Q) ( Q LL 0 0 U c U N O � UA i •� J Cl) N r CQ G ut z z W zz H LIZ .Z Q 6 �u �t5igti:£eiiUfa>V�'� 3i7ob n'"v qi r: meexaaaea� M Q C $ E d m w d o�y,a w S nO0a O W M N 8 O chi _j CIIT,<> Cityof Lake Elsinore LAKE-ELSINORE.ORG (951) 674-3124 PHONE LAI\E ,5LSM0RL- CULTURAL CENTER �ei183 N. MAIN STREET : ,n Regular Agenda LAKE E92M30RE, CA Successor Agency STEVE MANOS, CHAIR BRIAN TISDALE, VICE -CHAIR NATASHA JOHNSON, AGENCYMEMBER DARYL HICKMAN, AGENCYMEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, October 27, 2015 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM - 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 Elsinore Page 1 Printed on 1012212015 Successor Agency Regular Agenda October 27, 2015 CALL TO ORDER - 7:00 P.M. ROLL CALL PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the Agency form prior to the start of the Agency meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless an Agency Member or any member of the public requests separate action on a specific item.) 1) ID# 15-793 Approval of Minutes Recommendation: It is recommended that the Successor Agency approve Minutes as submitted. Attachments: SA Staff Rpt Minutes for Approval SA Minutes 10-13-2015 2) ID# 15-794 Warrant List dated October 15, 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 October 15, 2015. Attachments: SA RDA Staff Report 10-27-15 SA RDA Warrant Summary 10 15 15 SA RDA Warrant List 10 15 15 PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) None City of Lake Elsinore Page 2 Prinfed on 1012212015 Successor Agency Regular Agenda October 27, 2015 ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, November 10, 2015. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center 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, Diana Giron, Acting Agency 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. Diana Giron, Acting Agency Clerk City of Lake Elsinore Page 3 Printed on 1012212015 Agenda Date: 10/27/2015 In Control: Successor Agency Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 15-793 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 1012212015 C rry 01 ^--"% r LAKE ? LS1N0RE DJUAM I,XTIUME REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: Honorable Chair and Members of the Successor Agency FROM: Diana Giron, Acting Agency Clerk DATE: October 27, 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 October 13, 2015 Prepared and Submitted by: Diana Giron Acting Agency Clerk Approved by: Grant Yates Executive Director Attachment: Draft Minutes of October 13, 2015 L:iTY C31 �.h. LAKE (O LSI I IO3�L UI(D1. Tuesday, October 13, 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, AGENCYMEMBER DARYL HICKMAN, AGENCY MEMBER ROBERTMAGEE, AGENCYMEMBER GRANT YATES, EXECUTIVE DIRECTOR 7:00 PM Chair Manos called the meeting to order at 7:59 p.m. ROLL CALL PRESENT: Agency Member Hickman, Agency Member Magee, Vice Chair Tisdale, and Chair Manos ABSENT: Agency Member Johnson 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, Administrative Services Director Simpson, Community Development Director Taylor, Public Works Director Smith, Community Services Director Skinner, Planning Manager MacHott, Police Clot. Hollingsworth, Fire Cheif Newman, and Acting City Clerk Giron PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS — None CONSENT CALENDAR 1) ID# 15-786 Warrant List Dated September 24, 2015 Attachments: SA RDA Staff Report10-13-15 SA RDA Warrant Summary 09 24 15 SA RDA Warrant List 09 24 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 September 24, 2015. City of Lake Elsinore Page 1 Successor Agency Meeting Minutes October 13, 2015 Motion by Vice Chair Tisdale, second by Agency Member Hickman, to approve the Consent Calendar, passed by unanimous vote as follows: AYES Agency Member Hickman, Agency Member Magee, Vice Chair Tisdale, and Chair Manos NOES None ABSENT: Agency Member Johnson ABSTAIN: None PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM(S) - None ADJOURNMENT Chair Manos adjourned this meeting at 7:58 p.m. to the next regularly scheduled meeting to be held on Tuesday, October 27, 2015 at 7:00 p.m. Steve Manos, Chair Diana Giron, Acting City Clerk City or Lake Elsinore Page 2 Agenda Date: 10/27/2015 In Control: Successor Agency Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 15-794 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake-elvnere.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 1012212015 C1"1'Y 101 , 77 . �v T 1.�E k �S DREAM FXTRLML REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE AGENCY CHAIRMAN AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES EXECUTIVE DIRECTOR DATE: OCTOBER 27, 2015 SUBJECT: WARRANT LIST DATED OCTOBER 15, 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 October 15, 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 10-15-15 OCTOBER 15, 2015 WARRANT SUMMARY SUCCESSOR AGENCY OIF IPHI E REDEVELOPMENT AGENCY OF THI E CITY OF ILAIKIE ELSINORE FUND# FUND ;DLSCRLC'T7ON TOTAL 520 SUCCESSOR TO RDA AREA 2 307.33 540 SUCCESSOR STADIUM CAPITAL 98,429.02 GRAND TOTAL $ 119,602.63 10/20/2015 Warrant 10 15 15 SA RDA 1 of 1 OCTOBER C3E;R 15, 2015 WARRA v T LIS'T S'UCCIESSOR ACENCY OF THE' Ilk EDIEV1EELOPMENT AGENCY OFTIHIF CITY OF LAKE ELSINORE C13ECK# VENDOR NAME AMOUNT MICHAEL 123607 PROSTAFF. LLC 123669 CITY OF LAKE ELSINORE 20,490.66 123686 LAKE ELSINORE STORM LP 79,646.52 123767 WILMINGTON TRUST, NATIONAL ASSOCIATION 682.95 r� 10/20/2015 Warrant 10 15 15 SA RDA 1 of 1 $ 119,602.63 Agenda Item No. 7 a z IF 5�A C ar ,.m LADE L LS1110 ZE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a public hearing on Tuesday, October 27, 2015, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following item: MUNICIPAL CODE AMENDMENT NO. 2015-02 - AMENDING THE LAKE ELSINORE MUNICIPAL CODE TITLE 5 BUSINESS TAXES, LICENSES AND REGULATIONS BY MODIFYING CHAPTER 5.34 REGULATION OF UNATTENDED DONATION BOXES. PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), THIS ORDINANCE IS NOT SUBJECT TO CEQA PURSUANT TO SECTIONS 15060(C)(2) (THE ACTIVITY WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT) AND 15060(C)(3) (THE ACTIVITY IS NOT A PROJECT AS DEFINED IN SECTION 15378) OF THE CEQA GUIDELINES, CALIFORNIA CODE OF REGULATIONS, TITLE 14, CHAPTER 3, BECAUSE IT HAS NO POTENTIAL FOR RESULTING IN PHYSICAL CHANGE TO THE ENVIRONMENT, DIRECTLY OR INDIRECTLY. THEREFORE, NO ENVIRONMENTAL ASSESSMENT IS REQUIRED OR NECESSARY. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matter. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the public hearing described in this notice, or in written correspondence delivered to the City prior to or at the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Grant Taylor, Community Development Director, at (951) 674-3124 Ext. 270; or by e-mail at gtaylor@lake- elsinore.org. All agenda materials are available for review at City Hall and on the City's website at www.Lake-Elsinore.org. Diana Gir6n, Acting tity Clerk Posted at City Hall on October 13, 2015 Published in the Press Enterprise on October 16, 2015 Purded.11 1101 am rr r 182100 RdeA2507r9 on Friday Oct 16, 2015 Classified Advertising ig 614-1200 IIII C Adie 0010101740 (i) Proof (951) 368-9018 Fax .neer Taker. mtinajero it I Ad Copy: Account Information - -- Phone #. 951-674-3124 --- NOTICE INVITING BIDS NOTICE IS HEREBY GIVEN Iliat sealed bids will ''. Name: LAKE ELSINORE, CITY OF be received by the City of Lnke Elsinore for tire work gem .rally described as: Address: 130 S MAIN ST DIAMOND STADIUM HVAC PROJECT !, LAKE ELSINORE. CA 92530 '',, PROJECT NO. RDA 220003 Bids will be publicly opened, examined and de- ' eiared In the City Hall Conference Roorn A. 130 South --- --' -- --" MainStreet. Lake Elsinore, California. at like hour of 2A0 p.m. on Thursday, November 12, 2015. A job. ------ -- - walk at the project site will be held at Accountirk: 1100141330 j 10:00.dn. on Friday October 30, 2015. ''. Client The Cry of Lake Elsinore utilizes Planetoids h e.to ad- minister its online Bidding System PlnnetBkk requires Placed B Diana Giron By: potential vendors and bidders to register ycv.v.pler elbick,cong in order to downfoad aomrect and bid rd proposal documents, thereby'ssuring a mea sof no-Fax # vendors and himers are identified as Plan rol(has of all subsequent mfbrrnalion and da Issued time City. electronic considered dl willbconsidered Pae will downloaded tints off ---- --- --- the City Like -- ---t to be official dncwnenis of the City of Loka[Isidore. l documents Ad Information Each bid shall be made on the proposal dim furbished in the Specifications and enclosed in an envelope sue* plied by Vie bidder, bearing the title of the work and the Placement: Public Notice FRnan,e and address of the bidder. It Is the sole responsl- fainly of the bidder to ensure that the bid Is rneal,ed in Publication: PE Riverside, PE.com proper time in the City Clerk's office at the address and time hereinabove set forth. Any bid received after the scheduled closing time for receipt of bids may be re- turned to the bidder unopened No facsimile bids shell be obopeal by the City. - i Purppose: provide a wovcomplete proposal for Imo .mplele i retrofit of the existing HVAC system. The follov✓ing will tie _ scribe the design & details of the scope of work and the i process to perform these services. Scope of Work I. Retrofit of Ealstl HVAC system; II --- - --- - - -' o Meeublshi og w system Is required to orand is scope of work. '�. cope f -- -- - - a A contractor within 75 nUle radiw of the sfatlluom A cont Start Dale 10/21/2015 will be preferred alongg with the conasctar being able to selfpedorm Ilhe collie HVAC portion of StopDate: 10/21/2015 this project. is Preventive maintenance wAI be included with Insertions: 1 1 online tha scope of work for the fust year after inclalla- 11.11. print/ o Must provide the 10 year limited warranty by be, Ing a Cantered Diamond Contracmr for over 3 j will, exper'ence of inspiring Milsuhiahi IJfAltd systems - --- - - ' o Cassette style air handles located In the T-bar Rate code: City Ad Lgl-PE ceamn grxi as to blend right in win n,a exlsrng "wolfed. Ad type: PLegal o In the Diamond Club area the cassette units will be scoured to a 12 foot extension that will hang from the coling and clear the floor by 12 feet. o Other airhandlers in the Diarnond club will be io- I 6lalbd utiliong devhng to Greece the air curtain - _.... 1 in front of the windows reducing the heal load it) side the space o In 111a office areas there all ba several high wall -- - -mount style Units and they Will simply moral In Size'' 2 X 195 Li 1 the upper section of the interior walls. o Condensing units writ be Installed throughout Bill Size 390.00 the complex on rooftops pending me zone that each one is connected too. o Electrical will be connected to most of the exist- Ing au amdsioning systems Oneducal sources. o Several crane lifts will be needed to get the cam ensin uni sa e ace along va s r g g scissor hits it _- of the air the Diamond Cluh while insiallaAon Amount Due. $468.00 handlers Is beteg completed, 9 All broader equipment must have neldgoranl no- cove' d and veld Brant Lick soldered .dosed Remwo all exterior equipment heal the site and -_-. -. - disposed of par the EPA standards. is Each eendensim, sQcton muss have a platform bulli with a sheet metal cover sealing the wood pialform. No sleeper 4x4'5 to be pcnnihed as a platform. The pladonn must be at least H inches loll. Platform to be boil) per the drawing summit bk1 with NIB. o Each company will be responsible for all tine eiecdrical cornball. wring Rod connections for low and high Voltage. o The Diemand Club will also ullllze on auto.., air Inlet fan with a variable frequency to control the Page 1 of 2 ainounr or wr nnxmre m ievorma rare we lever. p A CO2 sensor WIII be Installed to Wake Srlrcx the, levels stay lower than necessary. o Theimoslats ve going to be located throughout the (Complex howevar ane thermostat can oper- ate at) to 16 all handlers, so there will not be a need for one per and, o This system xill utilize several touch sineen sys- tems to control the plan. complex from makipli areas, they will be located on the tat base, 3rd base and home plate areas In the complex. The conimcior will furnish a proposal and Indicator all ma- ledals, labor and equipment to complete the lob :utd de- liver the entire site. The contractor must familiarize him- self With the site, all delahs of the work required, and ex- isting conditions. Tile contractor must be a going entity for cd least 6 years, produce A valid conificale of kablllty, insrrance. which must be on hand before work begins. All work will be periled and Inspected through the City of Lake Elsinore Building Department. If you have any questions small Jason Simpson. Director of Administrative Services, City of Lake Elsinore at JSIMPEON4,11AKEELSINORE.ORC. The Cry of Lake Elsinore will hereinafter be referred to as Ilse "City." He spoil to the Notice Inviting Bids (NIB) shall be refa- l'ed to as "Bidders." The Bidder to whom the contract Is awarded shall he referred to as the "Contractor. qualifications: All bidders nest be liconsed, qualified and understand how to identity the most effective and efficient procure- nlent, insiallm.on and HVAC serve methods to complete the project. A contractor within ]5 male radius of the staff u11 will be prManed along with the contactor being alfa to s'If pedorm the entire HVAC portion of Itis project. ANTICIPATED CONTRACT TIME: 60 WORKING DAYS FROM NOTICE TO PROCEED Bidding documents may be obtained as follows_ A. In Person Bidding documents may be hwchased in person from the public Counter at Lake Elsinore Cry Hall. 130 South Main Streit, Lake Elsinore, CA, Total Cost Per Set...................... 360.00 B. Electronic Bidding (Joe omenis may be purchased online thudded the City's veahslti at vavw.lake-atslnore.org under the Bids;NlBs section. Total Cost Per Download ........... 640.00 0, Delivery Service Defivcry service will be via Federal Express only. You may provide your own Federal Express ac- count number in lieu of the shipping charge. Ad- press all requests for delivery service to: CITY OF LAKE ELSINORE Puhiic works 130 South Priam Street Lake Elsinore, CA 92530 Cast Per Set: 860.06 Shipping Per get; $25.00 Total Cosi Per SPC $85.00 All fees listed above are non-refundable- All checks small be made par)ble to the pay of Lake Elsinore. indicate Project Numlyar on ehaek(s). For additional intonnation regarding the purchase or delivery of Contract dOCP reale, please call Nicole McCaimont 951.674.3124 Ext 245. All bids m rst be made In accordance with and as di- rected in the Specifications, and all bidders shall comply i Federal, State and local laws nppkoable thread. All bids must be received byy 2:00 p.m. on Thurs- day, November 12, 2015. A job -walk at the prof• act site will be held at 10:00 a.m. on Friday 0. - lobe, 30, 2015.. The City Council reserves the right to reject airy or all area, to waive any irregularities in a bid and to award the Contract as may Best serve flue interests of the City. All proposals are hrndmg for a period of sixty (60) days after they are Opened and may be retained by tyre City for ex- amination and twinparson, October 15, 2015 UianR Girbn, Acting City Clerk Posted at City Hell on Ocbberl5, 2015 Published In the Press Enterprise on October 21, 2015 Page 2 of 2 Diana Gir6n From: PEC Legals Master <legalsmaster@pe.com> Sent: Monday, October 19, 2015 10:59 AM To: Diana Gir6n Subject: Re: Legal Notice of Publication Thank you! You as well! -Maria Legal Advertising Phone: 1-800-880-0345 / Fax: 951-368-9018 / E-mail: legq[5@Pe.com Please Note: Deadline is 10:30 AM, three (3) business days prior to the date you would like to publish. **Additional days required for larger ad sizes** **Employees of The Press -Enterprise are not able to give legal advice of any kind** The Press -Enterprise m.coNi /UNrDOS A Freedom News Group Company From: Diana Gir6n <dgiron@lake-elsinore.org> Sent: Monday, October 19, 2015 10:55 AM To: PEC Legals Master Subject: RE: Legal Notice of Publication Approved. Thank you Maria! Have a nice day. Diana Giro'n Acting City Clerk City of Lake Elsinore PH:(951) 674-3124 Ext. 261 From: PEC Legals Master [mailto:legalsmaster@pe.com] Sent: Friday, October 16, 2015 11:02 AM To: Diana Giron <dgiron@lake-elsinore.org> Cc: gpapagolos@verizon.net; Jason Simpson <jsimpson@Lake-Elsinore.org>; Luz Reyes <Ireyes@Lake-Elsinore.org> Subject: Re: Legal Notice of Publication Good Morning, Proof with cost for your review/records is attached. Thank you. Legal Advertising Phone: 1-800-880-0345 / Fax: 951-368-9018 / E-mail: legals@_pe,com Please Note: Deadline is 10:30 AM, three (3) business days prior to the date you would like to publish. **Additional days required for larger ad sizes** **Employees of The Press -Enterprise are not able to give legal advice of any kind** The Press -Enterprise PECOM/UNIDOS A Freedom News Group Company From: Diana Giron <dgiron@lake-elsinore.org> Sent: Thursday, October 15, 2015 3:51 PM To: PEC Legals Master Cc: gpapagolos@verizon.net; Jason Simpson; Luz Reyes Subject: Legal Notice of Publication Good afternoon: Attached please find our Notice Inviting Bids which we are submitting for publication in your Wednesday, October 1'' edition. Please confirm receipt and date of publication. Thank you. Diana Girbn Acting City Clerk City of Lake Elsinore PH:(951) 674-3124 Ext. 261 PX: (951) 245-5322 i:lr1' of .. _ LA X -F 1 I: `�' tip I:A'.5 i'K.T kiiltF Diana Giron From: Natasha Johnson Sent: Thursday, October 22, 2015 7:14 AM To: Diana Giron Cc: Grant Yates Subject: Travel Categories: Priority Good morning This email will serve as my official notice for work travel. My travel dates are as follows 10-22 through 10-30 1 will be in Washington DC during my travel. I will be available by email and on my cell. Thank you Natasha Sent from my iPad Agenda Item No. 9 From: Flemy Rogers <henry a pearstrateYies.com> Date: October 26, 2015 at 9:06:44 PM PDT To: "barbaraace a.com" <barbara c cc a.com> Subject: Unattended Donation Bins City Attorney Leibold, I would like to take the opportunity to comment on the Municipal Code Amendment to be heard by Council on Tuesday, October 26, 2015 concerning the regulation of unattended collection boxes. USAgain is a for-profit textile recycling company with a basis of operation in Anaheim. Overall, the City of Lake Elsinore is revising the ordinance to allow for both non- profit and for-profit operators; however we have a few concerns and recommendations to improve the ordinance. First, the responsibility should not be shared between the operator and property owner. To ensure best practices of collection box operators, the responsibility and liability should remain with the box operator. The property owner should not be punished for the actions of an operator and this shared responsibility incentivizes property owners not to host collection boxes and provide this service to the community. The second concern that USAgain has it that the ordinance requires the signed written consent from the property owner and does not include the owner's agent. While we agree that consent is required, in practice permission may be received from the owner's agent. It is often time consuming and impractical to obtain consent frorn an owner and an owner's agent should suffice. I will be at the council hearing on Tuesday evening and hope those two amendments can be made to the current ordinance. Sincerely, Henry Rogers Founding Partner PEAR Strategics, LLC. e: (562) 355-3825 www.Peat-Strate-gies.coin Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) 6'y e V i l Address ► 1 wish to address Agenda Item No 'r�7 L Please Print P. C I M,�n V4 -e -- Phone (Comments limited to 3 minutes) ► I wish to comment on the following ion-agendized item at the beginning of the meetipcL (Comments limited to 1 minute) ► I wish to comment on the following non -a endized item at end of meetin (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! T' OF Oro G LAKE LS1110P--.,E: DREAM EXTRE - E ill Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Liv Address ► 1 wish to address Agenda Item No Please Print (Comments limited to 3 minutes) (t)meeting: I wish to comment on the following non-agendized item at the beginningof the (Comments limited to I minute) r ► I wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) Date Signature The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers will be called under "Public Comments — Non-Agendized Items" and will have approximately one (1) minute to speak or three (3) minutes at the end of the meeting). After being recognized by the Mayor, please walk to the podium, state your name and proceed to comment upon the item you wish to address. Thank you for attending the City Council meeting and your interest in the conduct of public business is appreciated! CITY OI LA Kl E ` LSzf1 KE DREAM EXTREMt ,x Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Please Print Address C; akfVn # Phone 1� I wish to address Agenda Item No. —7-. (Comments limited to 3 minutes) I wish to comment on the following non-agendized item at the beginning of the meeting: (Comments limited to 1 minute) ► 1 wish to comment on the following non-agendized item at end of meeting: (comments limited to 3 minutes) Oji ? A 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 Ofi :,�.. LAK E -1 LS1ft0 L DREAM, >Tt�tltt Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) dress Please Print Phone ► I wish to address Agenda Item No. __I. (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) r0 -OU -6 Date 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! CITY OF llem -0-� L A KE LSITIORL r -AM XTPE -E \j REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: CN Organization ` Represented: N S 4 fe. Address ► I wish to a dress Agenda Item No Please Print W73 S,�_-C I Phone _. (Comments limited to 3 minutes) �z 5 I wish to comment on the following non-agendized item at the beginning of the meeq : (Comments limited to 9 minute) ► f wish to comment on the following non -a endized item at end of meeting: (Comments limited to 3 minutes) Ib �7 ZorS Date 0 Sig a re The Mayor will call person(s) interested in speaking in an order which coincides with the Agenda. Non- Agendized Items speakers wilt be called under "Public Comments — Non-Agendized Rems" and will have approximately one (9) 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!