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CC & SA Regular Agenda Packet 02-23-2016
arr der - LtoKE. L`5Iiick—u City of Lake Elsinore Regular Agenda City Council LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 BRIAN TISDALE, MAYOR ROBERT MAGEE, MAYOR PRO TEM DARYL HICKMAN, COUNCIL MEMBER STEVE MANOS, COUNCIL MEMBER NATASHA JOHNSON, COUNCIL MEMBER GRANT YATES, CITY MANAGER Tuesday, February 23, 2016 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM PUBLIC SESSION at 7:00 PM 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 211812016 City Council Regular Agenda February 23, 2016 CALL TO ORDER 5:00 P.M. ROLL CALL CITY COUNCIL CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code § 54957(b)): City Manager CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov't Code Section 54956.9: 1 potential case PUBLIC COMMENTS CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL PRESENTATIONS/CEREMONIALS Business of the Quarter - Lowes Home Improvement CLOSED SESSION REPORT/CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS CITY MANAGER COMMENTS 1) Monthly Departmental Reports Attachments: DEPARTMENTAL MONTHLY REPORT 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 tum it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) City o/ Lake Elsinore Page 2 Printed on 211812016 City Council Regular Agenda February 23, 2016 CONSENT CALENDAR (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) 2) Adopt Ordinance No. 2016-1349: AN ORDINANCE OF THE CITY OF LAKE ELSINORE CALIFORNIA AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE TITLE 8 HEALTH AND SAFETY BY AMENDING CHAPTER 8.18 NUISANCE ABATEMENT, SECTIONS 8.18.020 (1, 2), 8.18.040 (B), 8.18.100 (A). 8.18.130 (A). 8.18.140 (B) AND 8.18.150 (A): ADDING SECTION 8.18.152 HAZARDOUS VEGETATION AND RUBBISH ABATEMENT PROGRAM; AND REPEALING CHAPTER 8.32 WEED AND RUBBISH ABATEMENT. Recommendation: Waive Further Reading and Adopt by Title Only Ordinance No. 2016-1349. Attachments: Ord 2016-1349 3) Adopt Ordinance No. 2016-1350: AN ORDINANCE OF THE CITY OF LAKE ELSINORE CALIFORNIA AMENDING TITLE 5 CHAPTERS 17.148 AND 17.200 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF PARKING REQUIREMENTS AND TEMPORARY USES. Recommendation: Waive Further Reading and Adopt by Title Only Ordinance No. 2016-1350. Attachments: Ord 2016-1350 4) Industrial Design Review No. 2015-02 - A request by MMA Architects for Approval for the Design and Construction of Three (3) Industrial Buildings Located on the North Side of Chaney Street, Approximately 920 Feet West of Minthorn Street, Assesor Parcel Number: 377-140-124. Recommendation: 1. Adopt Resolution No. 2016-015; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE INDUSTRIAL DESIGN REVIEW NO. 2015-02 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, 2. Adopt Resolution No. 2016-016; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVEIW NO. 2015-02. Attachments: IDR 2015-02 - CC Staff Report 2.23.16 IDR 2015-02 - Vicinity Map 2.23.6 IDR 2015-02 - Aerial Map 2.23.16 IDR 2015-02 - CC MSHCP Resolution 2.23.16 IDR 2015-02 - CC IDR Resolution 2.23.16 IDR 2015-02 Conditions of Approval 2.23.16 IDR 2015-02 - Design Package 2.23.16 City of Lake Elsinore Page 3 Printed on 2/18/2016 City Council Regular Agenda February 23, 2016 5) Award a Public Works' Construction Agreement to Schindler Elevator Corporation for the Concession and Restroom Building, Elevator Purchase and Installation, at Rosetta Canyon Sports Park Phase II Project Recommendation: 1. Award a Public Works' Construction Agreement to Schindler Elevator Corporation for the concession and restroom building, elevator purchase and installation, at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, 2. Approve and authorize the City Manager to execute the agreement in an amount not to exceed $65,600.00 with Schindler Elevator Corporation in the form and in such final form as approved by the City Attorney. Attachments: Schindler Elevator Corporation Staff Report Schindler Elevator Corporation Agreement 6) Award a Public Works' Construction Agreement to SCW Contracting Cora for the Concession and Restroom Building, Steel Fabrication and Installation, at Rosetta Canyon Sports Park Phase II Project. 7) 8) Recommendation: 1. Award a Public Works' Construction Agreement to SCW Contracting Corp for the Concession and Restroom Building, steel fabrication and installation work, at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, 2. Approve and authorize the City Manager to execute the Agreement in an amount not to exceed $140,000.00 with SCW Contracting Corp in the form and in such final form as approved by the City Attorney. Attachments: SCW Contracting Corp Staff Report SCW Contracting Corp Agreement Award Public Works' Construction Agreement to Maples and Associates for the Concession and Restroom Building, Framing, at Rosetta Canyon Sports Park Phase II Project. Recommendation., 1. Award a Public Works' Construction Agreement to Maples and Associates for the Concession and Restroom Building, Framing, at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004); and, 2. Approve and authorize the City Manager to execute the Agreement in an amount not to exceed $150,805.00 with Maples and Associates in the form and in such final form as approved by the City Attorney. Attachments: Maples Framing Staff Report Maples Framing Agreement Approval of Final Map 36624, Far West Industries Recommendation: 1. Approve Final Map No. 36624 subject to the City Engineer's acceptance as being true and correct; and, 2. Direct the City Clerk to sign the map and arrange for the recordation of Final Map No. 36624; 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 monumentation. City of Lake Elsinore Page 4 Printed on 211612016 City Council Regular Agenda February 23, 2016 9) 10) 11) Attachments: Staff Report Final Map 36624 Final Map 36624 - Construction Agreement Final Map 36624 - Vicinity Final Map Index Amendment No. 2 to the Contract with Bureau Veritas North America Inc for Plan Check Services Recommendation: Authorize the City Manager to execute Amendment No. 2 to the Bureau Veritas Professional Services Agreement (PSA) for plan check services in the amount of $100,000 for the remainder of Fiscal Year 2015-16 for a total contract amount of $1,000,000, in a form approved by the City Attorney. Attachments: BV Amendment No 2 Staff Report BV Amendment No. 2 BV Amendment No.1 Final BV Bureau Veritas North America Inc Agreement for Profess Sery FY 2014 (1) Proposed Participation in a Public Safety Joint Powers Authority (JPA) Feasibility Study with Contract Cities Recommendation: 1. Approve the City's participation in a study to evaluate the feasibility of creating a Police Services JPA to manage the services of several cities that currently contract with the Riverside County Sheriffs Department; and, 2. Authorize the City Manager to enter into a participation/cost sharing agreement; and, 3. Authorize a General Fund expenditure not to exceed $25,000. Attachments: Matrix staff report BL MCG - Technical Proposal Amendment No. 4 to the Professional Services Agreement with HR Green, California, Inc. Recommendation: 1. Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement for Professional Services with HR Green California, Inc. for Land Use Engineering and CIP staff support, in an amount not to exceed $300,000, in such final form as approved by the City Attorney; and, 2. Authorize the additional appropriation as outlined in the Fiscal Impact section of this report. Attachments: Staff Report Amendment No 4 to PSA HRG CA HRGREEN 4th Amendment Professional Services Agmt HR Green - Amendment No 3 (2) City of Lake Elsinore Page 5 Printed on 211812016 City Council Regular Agenda February 23, 2016 12) Commercial Design Review 2015-09 - A Request by Joseph Karaki, Western States Engineering for Approval of the Construction of a 36,664 Square Foot, Four Story, 64 Room Hotel on an Approximately 1.05 Acre Site, Recommendation: 1. Adopt Resolution No. 2016-017: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT COMMERCIAL DESIGN REVIEW NO. 2015-09 ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, 2. Adopt Resolution No. 2016-018; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2015-09 FOR THE DEVELOPMENT OF A 36,664 SQUARE FOOT HOTEL AND ASSOCIATED IMPROVEMENTS LOCATED AT ASSESSOR PARCEL NUMBER 377-090-036. Attachments: CDR 2015-09 Staff Report 2.23.16 CDR 2015-09 Vicinity Map 2.23.16 CDR 2015-09 Aerial Map 2.23.16 CDR 2015-09 CC MSHCP Resolution 2.23.16 CUP 2016-03 CC CDR Resolution 2.23.16 CDR 2015-09 Conditions of Approval 2.23.16 CDR 2015-09 Parking Study 2.23.16 CDR 2015-09 Project Plans 2.23.16 CDR 2015-09 Color Elevation and Materials 2.23.16 PUBLIC HEARING(S) 13) Extension of Time for Tentative Tract Map No. 30836 Recommendation: Adopt Resolution No. 2016-019: A RESOLTUION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING THE REQUEST FOR AN EXENTION OF TIME FOR VESTING TENATIVE TRACT MAP NO. 30836. Attachments: EOT VTTM 30836- CC Staff Report 2.23.16.4 EOT VTTM 30836 - Vicinity Map 2.23.16 EOT VTTM 30836 - CC Resolution of Denial 2.23.16.2 EDT VTTM 30836.011304 14) Municipal Code Amendment No. 2016-02 - An Amendment of Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient Landscape Requirements. Recommendation: 1. Introduce by Title Only and Waive Further Reading of Ordinance No. 2016-1351; AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 19, CHAPTER 19.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS; and, 2. Authorize the Community Development Director or designee to send a letter, with supporting documentation on behalf of the City Council notifying the California Department of Water Resources of the City's adoption of the Ordinance, following the second reading of the Ordinance. City of Lake Elsinore Page 6 Printed on 2/18/2016 City Council Regular Agenda February 23, 2016 Attachments: MCA 2016-02 - CC Staff Report 2-23-16.pdf MCA 2016-02 - Attachment 1 - CC Ordinance - Water Efficient Landscape Reqs MCA 2016-02 - Attachment 2 - EVMWD Final Landscape Resolution.pdf MCA 2016-02 - Attachment 3 - Current Chapter 19.08 - Water Efficient Landsca MCA 2016-02 - Attachment 4 - E-mail from EVMWD dated February 3, 2016.pd 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.) ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, March 9, 2016. The regular Closed Session meeting will be held at 5:00 p.m. and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was,posted at City Hall 72 hours in advance of this meeting. Susan M. Domen, MMC City Clerk City of Lake Elsinore Page 7 Printed on 211812016 �.rr1� or .� LIKE 1_SlI1C�I2L �� Uu City of Lake Elsinore Regular Agenda Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCY MEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE.ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, February 23, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 211812016 Successor Agency Regular Agenda February 23, 2016 CALL TO ORDER - 7:00 P.M. ROLL CALL 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 City Clerk. The Chair or City 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) Approve Diamond Stadium Capital Repairs as authorized under the Approved ROPS Recommendation: 1. Authorize the City Manager to execute agreements and issue purchase orders totaling $212,231.14 for capital repairs and maintenance at the Diamond Stadium to the following vendors: Leisure Craft Inc. $ 28,521.14 MOR Cabinets $ 15,850.00 Maples & Associates $167,860.00 Attachments: Capital Repair Items At Diamond Stadium Staff Report 2016-02-23 EXHIBIT A - CAPITAL REPAIR SCHEDULE 2-23-2016 PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Agency form prior to the start of the Agency Meeting and tum it in to the City Clerk. The Chair or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, March 8, 2016. The regular Closed Session meeting will be held at 5:00 p.m. and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Susan M. Domen, MMC City Clerk City o/ Lake Elsinore Page 2 Printed on 2/18/2016 � k 0 0 [ 0 � w w d 0 0 § 0 a0 s� )§ �W }k \�� § \ � «.� k k § } } w ( 0 F- 0 D % a / f /j CN E z f W ® ± a� E ® `_ z \\\ z C?0 Ln e -_Eg §§ 2 / } g E §k )z � �� 2 ]2 0- 3 «B% f §/< ` /} } )0 \-- F Z W acq W N ❑ r ZQ W 2Z a.0 W F- > > W N w0 p a ci W N Z 0 _ N LLJ 0 0 W Q U2LLn. 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N U a (n U�a� U9a �U Q Z.0 N w ca o c fnZZ N N d N Z N N C W o y W y(D— 7 W a c 6 J (n a' :o c m a- W Z c c 0 .- 0- Z -o -0 3 in a W O a Z ii tF 0 (n o N N a d 5@ .� .� Q' N N O O @ O D N N N@ Y mam m LL UU ld 1 (D U) m N N�� } 4 \ 0 § } k LO jLL <o k) ƒCL coCD\ D \ uj0 K m \ U) k § a z z § \ 2 ■ \ ± k \ a u u m o / \ �z z z « \ / 0 0 R / ± 7 7 / _ ©3 3 g / } \ \ ) & z § \ 2 ■ COMMUNITY SERVICES DEPARTMENT AGENDA REPORT TO: Grant Yates, City Manager FROM: Johnathan O. Skinner, Community Services Director DATE: February 23, 2016 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 January 2016 The original Arts and Culture Ad Hoc Subcommittee which was adopted on July 28, 2015 was temporary in nature and therefore concluded its term on December 31, 2015. However, as a result of the success of the Ad Hoc Subcommittee in coordinating the preparations of a Busking Program and exploring opportunities to integrate art in Lake Elsinore, the City Council found the Ad Hoc Subcommittee's effort paramount to the future success of enhancing arts and culture as a way to bring economic vitality to the City. On January 26, 2016, the City Council approved the Arts and Culture Subcommittee. CAPITAL IMPROVEMENT PROJECTS In January, the City was in full force with renovations at Whisker's Beach. The City looks forward to a soft opening of the fisherman's parking lot in February. In addition, City staff worked with consultant to engage and gain community input through Facebook regarding the design of Phase II of the Serenity Park Development. Serenity Park Phase II will include a BMX track and dog park. COMMUNITY CENTER AND RECREATION The Community Center picked back up from the holiday season offering a variety of classes including, Zumba, Tae Kwon Do, Self Defense, Cheerleading, Ballet, Early Learners, Gymnastics and a Home Firearm Safety Course. The Community Center's regular rentals included the basketball court for the Faith Baptist Academy Basketball Teams. The Community Center saw 5,532 visitors in January and hosted a baby shower rental in January. McVicker Skate Park had 40 attendees and was rented twice throughout the month SENIOR CENTER The Senior Activity Center had a great start to the 2016 New Year! We held two special heath screening clinics and offered a Casino Trip to Pala Casino. The trip was a popular item and sold out the 52 spots in just a few days. There were no big winners on that trip but we'll try our luck on another trip in March. Consistent programs at the Senior Center saw steady participation, The "Fit After 50" exercise program averaged 20 participants daily, the County Lunch program served an average of 28 people per day, the bridge, bingo and art programs hosted holiday parties of their own with above average attendance. The volunteers noted over 200 walk-in visitors who are not traditional participants but instead are searching for information and resources. SPECIAL EVENTS Even coming off the busy holiday season, the City held strong with two successful events. On January 23rd, Radiant Festivals held their first Tapped Brew Fest at the Diamond Stadium with over 700 people in attendance. Participants enjoyed beers from 20 local breweries, food vendors, games and a photo booth. Organizers supplied water for $1.00 and gave $15.00 off coupons for Uber rides with admission ticket. In addition, the City launched a brand new program called, "Healthy LE." Healthy LE is geared towards creating the opportunity for the community to adopt a healthier culture in Lake Elsinore. On January 301", the City held its very first Healthy LE event. The event was a success with over 100 attendees who showed up in their active attire to attend a motivational presentation by the renowned Dr. Nick before doing a warm up session with our very own Strong is Sexy and Better Bodies Fit Rontnamp Instructors. The event also included a 5K run/walk with Mayor Brian Tisdale and our legendary mascot, Thunder. Many local vendors came out to demonstrate the local resources our residents have that support healthy decision making. The event was topped off with a raffle full of prizes for all of the participants of the event. VOLUNTEERS We were fortunate to have one Volunteer Application submitted during our slow season in the first month of 2016. We would like to thank all of our volunteers that are currently assisting the Public Works Department, Engineering, and at the Senior Center. We are currently recruiting clerical volunteers for the following departments: Planning and Public Works. Ca"I"Y l>fn E A K-E 5-1-SiTCO*QE '4's-'�n'CJ l)Il1:TM 1!j(l'�I ISM 1: CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: MONTHLY ENGINEERING DIVISION SUMMARY FEBRUARY 2016 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 (Dec. 2015). Serenity Park- Skate Zone Serenity Park Under In progress Design of restrooms and (Phase 2) Preliminary Preliminary design Project No. 4419 Design Phase layout for BMX park is under Preliminary planning stage. Tree survey on BMX Park was completed on 8/27/2015. Final Tree report completed on November, 2015. Facilities Master Plan Citywide 95% complete Preparation of Project underway. Data Project No. Z30000 final report per collection completed. contract GHD incorporating staff agreement comments to the Final Report. C: 1'I'Y OP �. 1 -F41< -E LSiN(D CIP UPDATE Project Project Location Design Construction Project Status Parks Facilities Master Plan Citywide g50/, complete Preparation of Project underway. Data Project No. 4106 final report per collection completed. contract GHD incorporating staff agreement. comments to the Final Report. City Master Drainage Plan Citywide 85% Completion of the Update Project hydrology and sizing No.120 the facility for prelim cost nearing completion. User Fee Study Citywide In progress Fee study underway by Project No. Z30002 Willdan Engineering. Cost allocation study completed. Anticipated completion March/April 2015 Gunnerson Street Gunnerson 100% design TBD NEPA Clearance and Rehabilitation between completed by CE was approved by Project No. 4350 Lakeshore City Staff Caltrans on 10/8/2015. Drive and Staff will submit RFA SR -74 Package for Construction to Caltrans on 10/22/2015. RFA package has cleared Dist. 8 office and has been forwarded to Headquarters (Sacramento) for E-76. C '1'Y OP LA1�E �LSIIYOR,�I✓ CIP UPDATE Project Project Design Construction Project Status Location Collier Island Modification Outlet Mall 100% Under Progress Construction work Phase I completed started on 8/10/2015. Project No, 4388 Studio 395 are finalizing Art Work design and frame details. About 90% of construction has been completed so far. Anticipated construction completion by 12/28/2015. 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. Meeting is set on 12/7/2015 with Caltrans to finalize submittal / review of the shop drawings. Third Street Drainage — Lake Elsinore 35% Prelim Award of Contract to Phase 1 under review Michael Baker selected Project No. 4296 as design engineer. Pavement Management Citywide No design 100% Completed Construction contract Program (Grind & Overlay / plans needed awarded to Hardy & R&R Phase 2) 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 done. Project is now completed. CITY OP 4 Lf31�1= LS1IY072�1i 0 - IJRtiAM CJCT Ii f`M F. CIP UPDATE Project Project Location Design Construction Project Status Annual Pavement Citywide Preparation of Not needed. Field survey of the Management Plan — report. No sidewalk has been Project No. 210005 design completed. Buckram needed Group, Inc. submitted draft report for City review, which was approved. Bucknam Group, Inc. preparing Final report. 1-15/Railroad Canyon Road 1-15 @ In progress Peer Review process Interchange Improvements Railroad was introduced by (PAED) Canyon Caltrans Headquarter to Project No. Z10016 Interchange flush out any fatal flaws of the proposed design. Even though the Peer Reviewer did not find any issues, the process delayed the PA&ED completion by 6 -months. The PA&ED is now moving forward and is expected to be completed by July 2016. Main 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. Lake Inlet Channel Lake inlet Prelim- Conversation with channel Emergency USACE initiated to seek northwesterly 100% possible funding. from the terminus of San Jacinto River to Morton Street C:1'I Y LAI{E iLSII`iOIZC �'� IJRLTM I'-X�ll1'A1➢ CIP UPDATE Project Project Design Construction Project Status Location Camino Del Norte Extension 35% design and — Preliminary & Final Design alignment of Camino Del Norte has been completed. Waiting to receive Property owner's feedback and City's authorization to move forward to final design Temescal Canyon Bridge Notice to proceed issued 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 Beach Lakeshore 100% Under Progress Construction contract Improvements Drive Completed was awarded to LC Paving. Ground breaking and Construction began on 10/19/2015. Anticipated construction completion by 12/31/2015 CITY 9f „r. , Lrart� Lsir�or�c ENGINEERING DIVISION PUBLIC COUNTER January February Research Requests 7 3 Plan Checks Final Maps Grading Street Improvement Development Review Flood Plain Determination Bond Release Requests Water Quality Management Plan Reviews Oversize Transportation Permits 3 0 Encroachments Permit Applications Encroachment Permit Traffic Issues 7 CL) u Qj U 0 C- yr 0 r co m 1: 0 G) cc cl Go 0 co COD Gwo W m cc mod C O N V 2 o i � y 0 Nlv g 3 d � t N It a` O 'C io O o i � � •e O Q1 � .--i � N vt O ti ti N ct � i a i I U � o O d O C E of V s C G4 W N YO ate+ L U t no O E E C • N IO i F- -i ^C W E nL I♦V yi � Ol Q1 Lll N �� N 4-0 N U O .N N Vt n f� cY m i N W O Ql LL U r v h d V) Q; h Ln h h C O V 2 o w 0 Nlv g 3 d � o It a` O 'C io O o i � / \ / { > / \ \ \ \ D \ \ - _ _ m [ _ CD / \ \ \ ) = t - \ f : _ � D co / 2 ƒ - # s Co o / _ a / _ ƒ - _[ } - =2 - { ;y { ( £ : e _ f \ \ \ \ \ / / � ) @ ® m \ § : ° _ — \ : \ a Z \cu _ ° :\\ \\/ E / : _ _ _* - ft - = > _ \ *� \ /4 cu C: }/ \ \�� 0) \ f 77 \\ :E2 © � - ~ /f _ � - e« _}{ _ Z) /«2 - _ \ \ \/0 )- a(4D) C \000 \ �$CD � °� �- <. \ _ `E {; / fm _ m \ /� &\ \� / [, OC) �0 §i ~{ E{: §/ E ( } / ( / � } \ / CL / a. / \ IL ti D e m a m o m a m o Gi 65 V1 65 T i�IW '0 .a^ N C E c N � N 00 W Q1 l0 M N O N N N M Z LL LL LL LL Q Y Y Y Y LL Z V1 N VI lA C7 O N M O v, C L •— � i W N L LL 0 I J .N UW i Y O Q) ro a Q C Y t � v c v v O N r-+ b4 i •� v L N Ln :L Z Q 4 � EGG oa u'3LLOOa KKttv�i�r N u F C Q 'u v u E H Z _ LL Q@@ LL LL rL U N L U E N a y t t d UI ✓� C y0 I� 0 ri S 0 0 M w w w i - m v M N rn Ci ry eta+ �ac� LAI<_E LsiFAC'>I-E CITY OF LAKE ELSINORE MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: MONTHLY PUBLIC WORKS SUMMARY FEBRUARY 2016 Street Maintenance January February Pot Hole Repairs 159 152 Storm Drains Cleaned 109 32 Illegal Dumping Clean-ups 69 64 Signs Installed 6 5 Sign Repairs 87 51 Sidewalk Repairs (Square Ft) 0 0 Curh R Gutter Repairs (Linear Ft) 0 0 Removed Illegal Signs 11 11 Area Sprayed With Herbicide (in acres) 0 0 Shopping Carts Pick -Ups 41 24 Trimmed Trees Various Locations 6 7 Drain Inspections 35 32 Removal of Road Hazards 37 10 Heatwurx Repair Unit 0 0 Facilities City Hall 38 27 P.W. Yard 20 3 Cultural Center 14 8 Community Center 4 0 Senior Center 4 3 Tiny Tots 0 0 Chamber Building 0 2 Station 85 4 2 Station 94 2 1 Station 97 0 1 1 1 0 tkh. Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 2) City of Lake Elsinore Text File File Number: ID# 16-074 Version:1 130 South Main Street Lake Elsinore, CA 92530 w lake-elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 211812016 ORDINANCE NO. 2016-1349 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE, TITLE 8 HEALTH AND SAFETY, BY AMENDING CHAPTER 8.18 NUISANCE ABATEMENT, SECTIONS 8.18.020 (1, 2), 8.18.040 (B), 8.18.100 (A), 8.18.130 (A), 8.18.140 (B) AND 8.18.150 (A); ADDING SECTION 8.18.152 HAZARDOUS VEGETATION AND RUBBISH ABATEMENT PROGRAM; AND REPEALING CHAPTER 8.32 WEED AND RUBBISH ABATEMENT. WHEREAS, Government Code sections 39501 and 39502 authorize the City of Lake Elsinore to adopt procedures making it the responsibility and duty of the owners, lessees, and occupants of real property within the City to prevent and abate public nuisances caused by weeds or rubbish on or about their property; and WHEREAS, the mission of the City's Weed and Rubbish Abatement Program is for the annual removal of combustible fuel such as weeds, brush, dead trees and rubbish from unimproved property within the city limits including the abatement of nuisances such as fill dirt and debris from illegal dumping, through the cooperation of affected property owners; and WHEREAS, the City seeks to streamline the existing Weed and Rubbish Abatement Program and establish efficient and effective procedures that will encourage greater compliance and ensure adequate cost recovery for the program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. Title 8 Health and Safety, Chapter 8.18 Nuisance Abatement is hereby amended to read as follows: Chapter 8.18 NUISANCE ABATEMENT 8.18.010 Purpose. 8.18.020 Declaration of nuisance. 8.18.030 City investigation and abatement. 8.18.040 Notice to abate and appeal. 8.18.050 Service. 8.18.060 Voluntary abatement. 8.18.070 Failure to voluntarily abate a nuisance. 8.18.080 Abatement of an imminently dangerous nuisance. 8.18.090 Abatement costs. 8.18.100 Appeal of abatement costs —hearing procedures. 8.18.110 Collection of abatement costs. 8.18.120 Nuisance abatement lien. CITY COUNCIL ORDINANCE NO. 2016-1349 Page 2 of 6 8.18.130 Special assessment alternative. 8.18.140 Owner's personal obligation. 8.18.150 Abandoned, wrecked, dismantled, or inoperative vehicles or parts. 8.18.152 Hazardous Vegetation and Rubbish Abatement 8.18.160 Additional violations. 8.18.170 Cumulative Remedies SECTION 2. Section 8.18.020, Declaration of nuisance, of the Lake Elsinore Municipal Code is hereby amended to add the following: DD. Lumber, junk, trash, rubbish, salvage materials, rubble, broken asphalt, concrete, water containers, scrap metal or other debris stored on a property and visible from a public street, alley or adjoining property. EE. Dead, decayed, diseased, overgrown or hazardous trees, weeds and vegetation, cultivated or uncultivated upon streets, sidewalks, parking, or private property within the City, which may harbor rats or vermin, or constitute an unsightly appearance, or which is detrimental to neighboring properties or property values, or which is a fire hazard, or which otherwise adversely affects the public health, safety or general welfare. SECTION 3. Subpart B of Section 8.18.040, Notice to abate and appeal, of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows; B. The recipient of the notice to abate, or the owner of the property on which the nuisance is located, may request a hearing on the notice to abate by filing a written appeal with the City Manager or designee within fifteen (15) calendar days of the date of the notice to abate. The appeal shall state the reasons why the notice to abate is incorrect. SECTION 4. Subpart A of Section 8.18.100, Appeal of abatement costs — hearing procedures, of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: A. If, pursuant to section 8.18.090 an appeal is timely filed, the City Manager or designee shall set a hearing not more than thirty (30) days from receipt of the appeal. If no such appeal is filed, the right to appeal is deemed waived and the statement of abatement costs shall be final. SECTION 5. Subpart A of Section 8.18.130, Special assessment alternative, of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: A. As an alternative to a nuisance abatement lien as set forth in section 8.18.120, the City Council may declare the costs of abatement a special assessment against the parcel of land on which the nuisance is created, caused, permitted or maintained. The total cost for abating such nuisance, shall then CITY COUNCIL ORDINANCE NO. 2016-1349 Page 3 of 6 constitute a special assessment against the respective parcel of land to which it relates, and upon recordation in the office of the county recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment. SECTION 6. Subpart B of Section 8.18.140, Owner's personal obligation, of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: B. Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, except for conditions abated pursuant to Section 17980 of the California Health and Safety Code, the court may order the owner to pay triple the costs of the abatement. SECTION 7. Subpart A of Section 8.18.150, Abandoned, wrecked, dismantled or inoperative vehicles and parts, of the Lake Elsinore Municipal Code is hereby amended in its entirety to read as follows: A. The notice shall contain a statement that the owner of the property on which the vehicle is located and the owner of the vehicle may appeal the notice within fifteen (15) calendar days of the date of the notice by filing an appeal with the City Manager or designee. The appeal procedures shall be governed by section 8.18.100 of this chapter. Failure to timely file an appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. SECTION 8. Section 8.18.152, Hazardous Vegetation & Rubbish Abatement Program, is hereby added to the Lake Elsinore Municipal Code to read as follows: 8.18.152 Hazardous Vegetation & Rubbish Abatement Program. A. Pursuant to Government Code sections 39501 and 39502, the City of Lake Elsinore adopts the following procedures making it the responsibility and duty of the owners, lessees, and occupants of real property within the City to prevent and abate public nuisances caused by weeds or rubbish on or about their property. B. The following definitions apply to the City's hazardous vegetation and rubbish abatement program: 1. "Weeds" include (i) any vegetation or plant which when mature bear seeds of a downy or wingy nature; (ii) sagebrush, chaparral and any other brush or weeds which attain such large growth as to become, when dry, a fire menace; (iii) poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health, and weeds that are otherwise noxious or dangerous; (iv) overgrown vegetation which is likely to harbor rats or vermin, or which constitutes a fire hazard; (v) dry grass, stubble, brush, or other flammable material which endangers the public safety by creating a fire CITY COUNCIL ORDINANCE NO. 2016-1349 Page 4 of 6 hazard; (vi) large amounts of dead, dying or diseased vegetation; and (vii) any other brush, vines, trees, grass, plants, or vegetation that is injurious to public health, safety, welfare or is otherwise hazardous or unsightly to the community. 2. "Rubbish" includes, but is not limited to, trash or refuse consisting of uncontained paper, cardboard, wood, dry grass or brush, dirt, plastic, rubber, metal or ceramic wreckage, glass, junk, disassembled automobiles, machinery, or parts thereof, or any other discarded material which may be combustible or deleterious to the public health, safety, or welfare, or any material which by reason of its location and/or character may hamper or interfere with the prevention or suppression of fire upon the premises or adjacent premises. C. It shall be unlawful, and is hereby declared a public nuisance, for the owner(s), lessee(s), or occupant(s) of real property within the City to maintain, permit, or allow such premises to be maintained in such a condition where weeds or rubbish negatively affect the public health, safety, or welfare. It is also hereby declared the duty and responsibility of the owner(s), lessee(s), and occupant(s) of real property within the City to prevent and abate any and all conditions of weeds or rubbish that negatively affect the public health, safety, or welfare. D. The City Manager or designee shall adopt standards consistent with this section for the maintenance, prevention, and abatement of weeds and rubbish on all lots and parcels of real property within the City and make the same reasonably available to the public. E. The City Manager or designee shall have authority to declare violations of this section and the standards adopted pursuant hereto, and to enforce the same against the owner(s), lessee(s) and occupant(s) of the property upon which such conditions exist. F. The City Manager or designee shall cause a forty-five (45) day notice to be issued to the owner(s) of the lot or parcel of real property and any other lessee(s) or occupant(s) against whom enforcement of this section is sought and/or from whom cost recovery will be made. The notice shall contain (i) a reasonable description of the lot or parcel of real property upon which the violation exists, (ii) a reasonable description of the violating conditions constituting the nuisance, (iii) the relevant standards for maintenance, prevention, and abatement of weeds and rubbish adopted pursuant to this section the City Manager or designee, (iv) reference to this section, (v) an order to remove the violating conditions and bring the property into compliance in no less than forty-five (45) days, (vi) a description of the consequences of failure to comply as prescribed in this section, and (vii) a statement that a written appeal may be filed with the City Manager or designee thereof. G. The notice required shall be served upon the owner(s) and any lessee(s) or occupant(s), or the authorized agents thereof, by any of the following methods: CITY COUNCIL ORDINANCE NO. 2016-1349 Page 5 of 6 1. By personal service; or 2. By mail sent to the address as reflected on the last equalized assessment roll of the county or agent thereof, or as otherwise known to the City; or 3. By posting the notice conspicuously on or in front of the property upon which the violation exists. H. After the initial forty-five (45) day notice, if the property has not been brought into compliance and no written appeal has been filed in accordance with section 8.18.040, a fifteen (15) day notice shall be issued. This notice shall be made in accordance with section 8.18.160(F) except that it shall order the property be brought into compliance in no less than fifteen (15) days and shall state that any written appeal must be filed in no less than fifteen (15) calendar days with the City Manager or designee thereof. The fifteen (15) day notice shall be served by certified mail addressed to the owner(s) and any lessee(s) or occupant(s) as reflected on the last equalized assessment roll of the county or agent thereof, or as otherwise known to the City. An administrative fee shall also be assessed upon issuance of the fifteen (15) day notice. I. All appeal and hearing procedures shall be governed by section 8.18.040 of this chapter. Failure to file a timely and proper written appeal shall constitute a waiver of the right to appeal and a failure to exhaust administrative remedies. J. If, after fifteen (15) days since the second notice was issued, the nuisance upon the property has not been abated and no written appeal has been filed in accordance with section 8.18.040, City personnel and/or contractors may enter the property, subject to requirements of law, and take such action as is reasonably necessary to abate the nuisance. K. The City shall keep an itemized accounting of the associated costs incurred by the City to abate the nuisance. All abatement and administrative costs incurred by the City, including all fees and costs as defined in section 8.18.090(A), may be recovered by any manner authorized by law, including by lien or assessment pursuant to the procedures set forth in sections 8.18.110. L. Abatement of any nuisance under this section may, in the discretion of the City Manager or designee, be contracted to an outside contractor. Should the City contract the abatement process, the City may assign its interest in collecting payment for the work to the contractor which performed the work, as payment to the contractor. SECTION 9. Repeal Chapter 8.32 Weed and Rubbish Abatement and reserve numbering for future use. CITY COUNCIL ORDINANCE NO. 2016-1349 Page 6 of 6 SECTION 10. 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 the regular meeting of the City Council of the City of Lake Elsinore, California, on the gth day of February 2016, and ADOPTED at the regular meeting of the 23rd day of February 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 3) City of Lake Elsinore Text File File Number: ID# 16-075 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w .lake,elsinore.org Status: Consent Agenda File Type: Report City of Lake Elsinore Page 1 Printed on 21812016 ORDINANCE NO. 2016-1350 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, CHAPTERS 17.148 AND 17.200, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING REGULATION OF PARKING REQUIREMENTS AND TEMPORARY USES WHEREAS, Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code ("LEMC") sets forth the requirements of parking spaces to be provided for specific uses within the City; and WHEREAS, Chapter 17.148 (Temporary Uses) of the Lake Elsinore Municipal Code ("LEMC") sets forth the regulation of Temporary Uses within the City; and WHEREAS, pursuant to Title 14 of the California Code of Regulations, Section 15061(b) (3), the City of Lake Elsinore has determined that it can be seen with certainty that there is no possibility that adoption of Municipal Code Amendment No. 2016-01 may have a significant effect on the environment; and therefore the zoning code amendment is exempt from CEQA; and WHEREAS, on January 19, 2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and made its recommendation in favor of Municipal Code Amendment No. 2016-01 by adopting Planning Commission Resolution No. 2016-10 recommending to the City Council approval of Municipal Code Amendment No. 2016-01; and WHEREAS, on February 9, 2016, at a duly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed zone changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed zone changes are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act ("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) CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 2 OF 7 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. SECTION 3. That in accordance with the State Planning and Zoning Law, the City Council hereby makes the following findings for the approval of Municipal Code Amendment No. 2016-01: 1. The proposed zoning code amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed zoning code amendments have been analyzed relative to their potential to have detrimental effects and it has been determined that the proposed amendments have no negative impact upon the public's health, safety, comfort and general welfare because the amendments will provide additional regulation of parking requirements and temporary uses within the City. The proposed zoning code amendments are consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. The proposed zoning code amendments do not create new zoning districts, remove existing zoning districts or otherwise modify land use requirements. The proposed zoning code amendments do not affect the density or intensity of uses and will not interfere with the implementation of the goals, policies and implementation programs of the General Plan. SECTION 4. Chapter 17.148 of the Lake Elsinore Municipal Code Regulation of Parking Requirements is hereby amended to read as follows: Chapter 17.148 PARKING REQUIREMENTS Sec. 17.148.030 Number of parking spaces required. (C. 1. through 2.i. shall become "D" and the remaining subsections shall be renumbered) D. Parking Study. A request to reduce the number of required parking spaces may be made to the Planning Commission concurrent with the design review of a commercial or industrial project or with a proposed change of use within a commercial or industrial building when the applicant determines that the actual number of needed parking spaces is less than that required by the Code. A request for a parking determination will be by an established fee and will require a separate application. CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 3 OF 7 1. In order for the Planning Commission to grant a parking determination, findings shall be made. Said findings may include but shall not be limited to the following: a. A parking study supports the finding that the number of parking spaces actually needed for a development and/or use is less than that required by the code. b. Adequate off-street parking will be provided for the proposed use. c. Traffic safety and pedestrian safety will not be affected by the modification of the parking requirements. d. Reduced parking will not affect the health, safety and welfare of the public. e. Alternative transportation programs exist such as ride sharing, mass transit, etc., that reduce the actual number of parking spaces needed. f. Only a predetermined portion of the building on the parcel is to be occupied. g. Sufficient area exists on site for expansion of the parking area should the occupancy or use of the structure change. h. That space that would otherwise be dedicated for parking could be utilized for a purpose that enhances the project. i. The parking determination has been conditioned to ensure compliance with the findings and the intent of hse^+^nS irv1) and (2) Of this Se F; r this chapter and to ensure that additional parking spaces will be provided per code requirements should demand for parking increase on site. 2. A parking determination granting reduced parking requirements may be revoked at any time if there is evidence of insufficient on-site parking, i.e., "spill over" parking onto a public right-of-way or onto an adjacent lot. Upon revocation of a parking determination approval the applicant will be required to submit a new application for a parking determination or provide on-site parking per code requirements. SECTION 5. Chapter 17.200 of the Lake Elsinore Municipal Code Regulation of Temporary Uses hereby amended to read as follows: Chapter 17.200 TEMPORARY USES Sec. 17.200.010 Purpose This chapter is intended to provide for the regulation and control of temporary uses that occur on private property and public property with a valid licensing agreement with CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 4 OF 7 the City, which are not otherwise permitted or regulated by this title, in order to protect the public health, safety and general welfare. Sec. 17.200.030 Categories Amount of time required for submittal of Must be submitted a an application for review prior to the minimum of 2 werking occurrence days three weeks prior to the occurrence Restrictions regarding the status of the Must be conducted on property private property or on public Property with a valid written agreement with the Citv and shall not be located on vacant property. The pro- posed use shall be an extension of, and associated with, an existing building and/or center. Temporary uses within this category may also be sponsored and conducted by a nonprofit or existing community organization 0 Amount of time required for submittal of Must be submitted a an application for review prior to the minimum of 4 weeks occurrence Egg three weeks prior to the occurrence Restrictions regarding the status of the Must be conducted on property private property or on public property with a written agreement with the City. May be allowed on vacant property with the written permission of the property owner C. Amount of time required for submittal of Must be submitted a CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 5 OF 7 an application for review prior to the occurrence Restrictions regarding the status of the property minimum of 6 weeks (-W WG*iRg days) three weeks prior to the occurrence Must be conducted on private property or on public Property with a valid written ing agreement with the City. May be allowed on vacant property with the written permission of the property owner D Recreational Temporary Use Permit. Recreational temporary uses are subject to the following restrictions: Number of people expected to attend Less than 100 (if more than the occurrence at any one given time 100 people expected at one time, this would be consider- ed a special event which is governed by Chapter 5.108 LEMC) Duration From May 1 It through Octo- ber 31st, with a maximum of three additional one month Extensions. Frequency of occurrences per year Recreational temporary uses Shall not be granted for occurrences held more frequently than once a year. Restrictions with respect to the amount of Not applicable time between occurrences Approving body Community Development Director Amount of time required for submittal of Must be submitted a mini - an application for review prior to the mum of three weeks occurrence prior to the occurrence Restrictions regarding the status of the Must be conducted on private property or public CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 6 OF 7 Zoning required for the property where the occurrence is to take place Types of permitted uses anticipated within this category Sec. 17.200.040 Application and fees, Property with a valid written agreement All recreational districts and those sites that are contiguous to recreational districts zoned commercial or industrial and the Lakeshore District. Uses that are recreation - oriented, i.e., jet ski rentals boat rentals, etc. E If the site is on public property, a copy of the executed licensing agreement with the City. Sec. 17.200.060 Standards of operation. I. Sales of Goods and Services. 5. Written agreement with the City of Lake Elsinore SECTION 6. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. SECTION 7. 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. CITY COUNCIL ORDINANCE NO. 2016-1350 PAGE 7OF7 INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the gch day of February, 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23rd day of February, 2016. Mayor Brian Tisdale City of Lake Elsinore City Council ATTEST: Susan Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney Y �, Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 4) City of Lake Elsinore Text File File Number: ID# 16-076 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 l Printed on 211812016 CITY (31' ice. LAISE C LSIN0RE -�V DREAM EXTREME - CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: February 23, 2016 PROJECT: Industrial Design Review No. 2015-02 — A request by MMA Architects for approval for the design and construction three (3) industrial buildings located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140- 124. APPLICANT: Kirk Moeller, MMA Architects, 2173 Salk Ave Suite 250, Carlsbad CA 92008 Recommendation The Planning Commission recommends that the City Council take the following action: Adopt Resolution No. 2016-_; A Resolution of the City Council of the City of Lake Elsinore Adopting Findings That Industrial Design Review No. 2015-02 Is Consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt Resolution No. 2016-; A Resolution of the City Council of the City of Lake Elsinore Approving of Industrial Design Review No. 2015-02. Proiect Request/Location The applicant is requesting approval of building designs construction of three (3) industrial buildings located and related improvements on three (3) proposed to be subdivided lots as follows: Building T: 24,026 SF building on a 1.47 AC lot, Building U: 20,089 SF building on a 1.02 AC lot, Building V: 29,885 SF building on a 1.53 AC lot located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140- 124. CITY COUNCIL STAFF REPORT IDR No. 2015-02 (Fairway Industrial Park) February 9, 2016 Page 2 of 5 Environmental Setting Background At a regularly scheduled meeting on November 27, 2007, the City Council adopted Resolutions approving Mitigated Negative Declaration No. 2007-05; adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; approving General Plan Amendment No. 2007-14, Conditional Use Permit No. 2007-21 and Industrial Design Review No. 2006-03. The approvals allowed for the ultimate development and construction of 20 industrial buildings on the subject property. It should be noted that the Industrial Design Review project (No. 2006-03) has expired. At a regularly scheduled meeting on July 9, 2013, the City Council adopted a resolution approving Tentative Parcel Map 36551 to subdivide 17.21 acres into 9 individual parcels. TPM is still a valid map, but has not been recorded to date. At a regularly scheduled meeting on January 19, 2016, the Planning Commission adopted resolutions recommending that the City Council find IDR 2015-02 is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and approve IDR 2015-02. Description of Industrial Design Review No. 2015-02 The original Fairway Industrial Park was approved to construct twenty (20) separate light industrial buildings ranging in size from 6,810 square feet to 30,989 square feet on a 17.21 acre vacant site. The applicant has only requested approval of the three (3) buildings along the westerly property line to be constructed as follows: Building T: 24,026 SF building on a 1.47 AC lot Building U: 20,089 SF building on a 1.02 AC lot Building V: 29,885 SF building on a 1.53 AC lot The three proposed buildings are consistent with the previously approved project with respect to plotting, design, and size. In order to meet the minimum fire code the applicant has proposed a secondary point of access along the northerly property line taking access from the terminus of Birch Street. EXISTING LAND USE ZONING GENERAL PLAN— Vacant/Parking Lot General Manufacturing M-2 Limited Manufacturing North Industrial Limited Manufacturing M-1 Limited Manufacturing South Offices Limited Manufacturing M-1 Limited Manufacturing East Industrial Commercial Manufacturing & Limited Manufacturing M-1 Limited Manufacturing West Flood Control Channel Floodway (F) Floodwa Background At a regularly scheduled meeting on November 27, 2007, the City Council adopted Resolutions approving Mitigated Negative Declaration No. 2007-05; adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; approving General Plan Amendment No. 2007-14, Conditional Use Permit No. 2007-21 and Industrial Design Review No. 2006-03. The approvals allowed for the ultimate development and construction of 20 industrial buildings on the subject property. It should be noted that the Industrial Design Review project (No. 2006-03) has expired. At a regularly scheduled meeting on July 9, 2013, the City Council adopted a resolution approving Tentative Parcel Map 36551 to subdivide 17.21 acres into 9 individual parcels. TPM is still a valid map, but has not been recorded to date. At a regularly scheduled meeting on January 19, 2016, the Planning Commission adopted resolutions recommending that the City Council find IDR 2015-02 is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and approve IDR 2015-02. Description of Industrial Design Review No. 2015-02 The original Fairway Industrial Park was approved to construct twenty (20) separate light industrial buildings ranging in size from 6,810 square feet to 30,989 square feet on a 17.21 acre vacant site. The applicant has only requested approval of the three (3) buildings along the westerly property line to be constructed as follows: Building T: 24,026 SF building on a 1.47 AC lot Building U: 20,089 SF building on a 1.02 AC lot Building V: 29,885 SF building on a 1.53 AC lot The three proposed buildings are consistent with the previously approved project with respect to plotting, design, and size. In order to meet the minimum fire code the applicant has proposed a secondary point of access along the northerly property line taking access from the terminus of Birch Street. CITY COUNCIL STAFF REPORT IDR No. 2015-02 (Fairway Industrial Park) February 9, 2016 Page 3 of 5 Architecture A "Contemporary" architectural style has been chosen for the buildings within the park facility. Concrete tilt -up construction will be utilized. Building designs will include the use of wall offsets and recessed entries varying in depth from two to four feet. In addition, multiple parapet heights, decorative cornice treatments, decorative score lines of various widths and depths and eyebrow canopies will all be incorporated on the buildings. Aluminum store front windows with reflective glazing will be utilized on all buildings throughout the park to create a uniform appearance. The proposed design of the three preliminary light industrial buildings are consistent with the previously approved project. Landscaping The site design includes landscaping improvements which constitute 17.7% of the overall project site area. The landscape plan proposes two varieties of perimeter screen trees along interior property lines. A City approved street tree will be planted 30 -feet on center along the Chaney Street frontage. A variety of accent trees will be planted at the three project entries to achieve formalization and identification. In addition, several varieties of parking lot and interior accent trees will also be provided to break-up expanses of pavement and provide shading. A variety of shrubs will be planted onsite serving as foundation plantings, screening or accent plantings to further enhance the aesthetics of the development. Decorative paving treatments and accent lighting will also be utilized at site entrances. Colors and Materials The originally approved project incorporated six (6) different colors and two (2) different color schemes to be evenly distributed on the buildings throughout the park. With respect to Industrial Design Review 2015-02, the applicant has proposed Scheme 2 which incorporates of Sherwin Williams #sw7043 — Worldly Grey, Scheme 2 — Sherwin Williams #sw7045 — Intellectual Grey, Scheme 2 — Sherwin Williams #sw7046 — Anonymous. The applicant has also proposed glazing identified 1/4" PPG Sloarcool (2) Azurlite. The building colors and glazing have been identified in the original approvals and would create a cohesive color scheme with the remaining buildings. Signage The developer has been conditioned to draft and submit a Uniform Sign Program document for review and approval by the Planning Commission prior to issuance of a Certificate of Occupancy. The Uniform Sign Program will ensure that all signage within the business park complex will have a cohesive and complimentary appearance as tenants change into the future. CITY COUNCIL STAFF REPORT IDR No. 2015-02 (Fairway Industrial Park) February 9, 2016 Page 4 of 5 Analysis The proposed site plan meets all applicable development standards and criteria outlined in the General Manufacturing (M-2) zoning district and the non—residential development standards outlined in Chapter 17.38 of the Lake Elsinore Municipal Code, including setbacks and building height. The project also complies with the onsite parking standards listed in Lake Elsinore Municipal Code Chapter 17.66 (Parking Requirements) including loading space and accessible parking requirements. All divisions and departments have reviewed the proposed project and have included Conditions of Approval to adequately address the proposed impacts of the project. Circulation and Parking Space Layout Total build out of the Fairway Industrial Park would require five hundred forty-five (545) parking spaces are required onsite based on one (1) parking space for each 500 square feet of unit area up to 20,000 square feet plus one additional space for each 1,000 square feet over 20,000 square feet. The previously approved design included 576 spaces have been provided onsite. With respect to Industrial Design Review 2015-02, the proposed light industrial buildings totaling 74,899 square feet would have a total parking requirement of 135 space while providing a total of 141 spaces. In the event that uses are modified to ones with more intensive parking demand that exceed the proposed parking on site, a parking study would be required and approved by the Planning Commission. Architecture The architectural design of the three (3) proposed light industrial buildings within the park complex are consistentwith the original approval of the Fairway Industrial Park, and when combined with the balance of 17 buildings, would serve to create an overall theme for the facility. The building designs comply with the Architectural Design Guidelines listed in the Community Design Element of the City General Plan. Additionally, the architecture has been designed to achieve harmony and compatibility with surrounding commercial, office and industrial buildings in the vicinity of the project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, attractive storefront window system, recessed suite entries and a variety of rooflines which will create depth and shadow. Landscaping LEMC Section 17.56.100 requires a minimum of twelve percent (12%) of the site to be landscaped; the applicant is providing 17.7 percent. The proposed landscaping improvements serve to enhance the building designs and soften portions of building elevations, provide shade and break-up expanses of pavement. In addition, project entry CITY COUNCIL STAFF REPORT IDR No. 2015-02 (Fairway Industrial Park) February 9, 2016 Page 5 of 5 plantings serve to formalize the industrial park and compliment the building architecture. Colors and Materials The colors and materials proposed for this project meet the intent of the Architectural Design Guidelines listed in the Community Design Element of the City's General Plan because the colors and materials produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties in the vicinity of the project site. Environmental Determination Staff has determined that the potential environmental impacts associated with Industrial Design Review No. 2015-02 have all been previously addressed in Mitigated Negative Declaration (MND) 2007-05 for the Fairway Business Park project. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). Prepared by: Justin Kirk Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager Attachments: 1. Vicinity Map 2. Aerial Map 3. Planning Commission MSHCP Resolution 4. Planning Commission IDR Resolution 5. Conditions of Approval 6. Design Review Package Industrial Design Review 2015-02 Fairway Business Park Phase 1 CITY OF 1, A1, LST NO IkL: F)CT1"EML Industrial Design Review 2015-02 Fairway Business Park Phase 1 CITY OF ^,-c LAK1 LSINOkE -- DIUA.1 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT INDUSTRIAL DESIGN REVIEW NO. 2015-02 IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, Kirk Moeller of MMA Architects filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2015-02 for the design and construction three (3) industrial buildings located and related improvements on three (3) proposed to be subdivided lots as follows: Building T: 24,026 SF building on a 1.47 AC lot, Building U: 20,089 SF building on a 1.02 AC lot, Building V: 29,885 SF building on a 1.53 AC lot (the "Entitlement') located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (the "Property"); and WHEREAS, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and W WHEREAS, the Applications are discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project Entitlement for development of property that is subject to the MSHCP; and WHEREAS, on January 19, 2016, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2016-08 recommending that the City Council adopt findings that Industrial Design Review No. 2015-02 is consistent with the MSCHP; and, WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on February 23, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 2 OF 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within a MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within a MSHCP Criteria Cell and therefore the Entitlement were not reviewed through the LEAP or Joint Project Review processes. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The proposed project would impact two water features: the Lake Elsinore Outlet Channel located adjacent to the project site, and a 0.61 -acre ponded feature located within the project site at the end of Birch Street. According to the Determination of Biologically Equivalent or Superior Preservation Report (DBESP), the Lake Elsinore Outlet Channel meets the Multiple Species Habitat Conservation Plan (MSHCP) definition of a riparian/riverine resource, because it contains freshwater flow during all or a portion of the year. The other water feature does not meet this definition because it is artificially created and does not have freshwater flow. Implementation of the proposed project would directly impact 900 square feet (0.02 acre) of the Lake Elsinore Outlet Channel at each of three proposed outfall structure locations during construction. The total impact area would be 2,700 square feet (0.06 acre). Should a fourth storm drain outfall structure be constructed, an additional impact to 900 square feet (0.02 acre) of the Lake Elsinore Outlet Channel would occur, thereby totaling 3,600 square feet (0.08 acre). As part of the DBESP, the project would be required to implement mitigation, and best management practices (BMPs) as part of a stormwater pollution prevention plan (SWPPP) designed to prevent and avoid impacts to water quality within CITY COUNCIL RESOLUTION NO. 2016 - PAGE 3 OF 5 the Lake Elsinore Outlet Channel during construction. Long-term impacts would be minimized through project design features including bio-swales which would treat potential water quality impacts. All potential impacts to riparian/riverine habitat have been handled in accordance with the MSHCP. In addition, no vernal pools exist on the project site; therefore, due to the lack of suitable habitat, there is a very low potential for vernal pool species to occur. The project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines, Per MSHCP requirements, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. The Project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the Property is not subject to any of the Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP, with the exception of Burrowing Owl. No burrowing owls or burrowing owl signs were observed within the project site or adjacent lands. The project site does not support any active burrows or suitable habitat due to the heavy soil composition, ongoing mechanical disturbance of the site, and the surrounding commercial urban setting. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground -disturbance, including removal vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The Project is consistent with the UrbanilVildlands Interface Guidelines. The Property is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. 7. The Project is consistent with the Vegetation Mapping requirements. The project biologist has mapped the riparian/riverine resources as part of the DBESP, in accordance with the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 4 OF 5 As stated above, the Property is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project overall is consistent with the MSHCP. The Entitlement are consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon all of the evidence presented and the above findings, the City Council hereby finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23 Id day of February, 2016, Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE f SS I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 231d day of February, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING INDUSTRIAL DESIGN REVIEW NO. 2015-02 OR THE DESIGN AND CONSTRUCTION THREE (3) INDUSTRIAL BUILDINGS LOCATED AT APN: 377-140-124. WHEREAS, Kirk Moeller of MMA Architects filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2015-02 for the design and construction three (3) industrial buildings located and related improvements on three (3) proposed to be subdivided lots as follows: Building T: 24,026 SF building on a 1.47 AC lot, Building U: 20,089 SF building on a 1.02 AC lot, Building V: 29,885 SF building on a 1.53 AC lot (the "Entitlement") located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (the "Property"); and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the residential design review; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, Mitigated Negative Declaration (MND) 2007-05 for the Fairway Business Park project was approved by the City Council on November 27, 2007. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND, 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). WHEREAS, on January 19, 2016, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning CITY COUNCIL RESOLUTION NO. 2016 - PAGE 2 OF 5 Commission Resolution No. 2016-09 recommending that the City Council approve Industrial Design Review No. 2015-02, and WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for industrial design review applications; and WHEREAS, on February 23, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the three (3) industrial buildings and has found it acceptable. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, and the Lake Elsinore Municipal Code and finds and determines that Industrial Design Review No. 2015-02 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council has considered the Mitigated Negative Declaration No. 2007-05 and has determined that the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act, SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.184, the City Council makes the following findings regarding Industrial Design Review No. 2015-02: The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. The single-family detached residential development complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the light industrial park consisting of three (3) buildings has been designed in CITY COUNCIL RESOLUTION NO. 2016 - PAGE 3 OF 5 consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the park. In addition, safe and efficient circulation has been achieved onsite. The Project will complement the quality of existing development and will create a visually pleasing, non -detractive relationship between the proposed development and existing projects through the use of a `Contemporary' architectural design that is similar to existing industrial developments in the vicinity. A variety of architectural elements and colors are proposed including recessed building entries, multiple parapet heights, decorative score lines, and eye brow canopies. In addition, proposed neutral tone colors will serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the City Council at a duly noticed public meeting held on February 23, 2016. The three (3) building industrial development, has been reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the design for three (3) building industrial development will not result in a substantial change to the previously adopted Mitigated Negative Declaration. Therefore, no additional environmental review is necessary. SECTION 4. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Industrial Design Review No. 2015-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 4 OF 5 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23rd day of February, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE 1, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 231d day of February 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 FAIRWAY BUSINESS PARK PLANNING DEPARTMENT GENERAL CONDITIONS 1. The proposed project Industrial Design Review 2015-02 Fairway Business Park Phase 1 consists of the development of three industrial buildings located and related improvements on three proposed to be subdivided lots as follows: Building T: 24,026 SF building on a 1.47 AC lot, Building U: 20,089 SF building on a 1.02 AC lot, Building V: 29,885 SF building on a 1.53 AC lot located at located at the terminus of 3rd St. and Pasadena (APN: 377-140-024). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Project Entitlement (Example: Design Review No. 2015-02) shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 5. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 7. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of Planning Commission Approval City Council Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO, 2015-02 PAGE 2OF15 the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 9. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure that all exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 10. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way. 11. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture. 12. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 13. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted to the Community Development Department with appropriate fees, reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Runoff shall be allowed from paved areas into landscape areas. C) Planting within fifteen feet (15') of ingress/egress points shall be no higher than twenty-four inches (24"). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) No required tree planting bed shall be less than 5 feet wide. f) Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. g) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 3 OF 15 h) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. i) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. j) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. k) Final landscape plan must be consistent with approved site plan. 1) Final landscape plans to include planting and irrigation details. m) Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City's landscape plan check consultant. n) No turf shall be permitted. 14. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 15. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 16. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 17. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 4OF15 holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 18. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. 19. Graffiti shall be removed within 24 hours. 20. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 21. Install, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. 22. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2007-05 (SCH NO. 2007071157). 23. The applicant shall comply with all Conditions of Approval for Tentative Parcel Map 36551. 24. No exterior roof ladders shall be permitted. 25. All exterior downspouts shall be concealed within the buildings. 26. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee. The colors and materials include the following: Color Schedule Painted Concrete — Field Color Scheme 1 — Sherwin Williams #sw6141 — Softer Tan Scheme 2 — Sherwin Williams #sw7043 — Worldly Grey Painted Concrete — Field Color Scheme 1 — Sherwin Williams #sw6143 — Basket Beige Scheme 2 — Sherwin Williams #sw7045 — Intellectual Grey Painted Concrete — Accent Color Scheme 1 — Sherwin Williams #sw6144 — Dapper Tan Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 5OF15 Scheme 2 — Sherwin Williams #sw7046 — Anonymous Mullions/Metal Doors Painted to Match Adjacent Wall Color Glazing /d' PPG Sloarcool (2) Azurlite 27. Parking stalls shall be double -striped with four -inch (4") lines two feet (2') apart. 28. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 29. On-site surface drainage shall not cross sidewalks. 30. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5 -foot candles are achieved at building entrances. 31. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development, or their designee. Light fixtures shall compliment the architectural style of the buildings onsite. 32. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development, or their designee. 33. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. BUILDING AND SAFETY 34. Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 6 OF 15 35. Any and all improvements shall be in compliance with the 2013 editions of the California Building, Plumbing and Mechanical Codes, 2013 California electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations and the Lake Elsinore Municipal Code. 36. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 37. All department approvals and fees shall be paid prior to the issuance of building permits. ENGINEERING DEPARTMENT General: 37. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to Certificate of Occupancy approval. 38. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 39. 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. This letter shall be submitted prior to issuance of Building Permit. 40. Construct all public works improvements per approved street plans associated with Industrial Design Review 2015-02(LEMC 12.04) Plans must be approved and signed by the City Engineer prior to construction. Construction shall be completed prior to Certificate of Occupancy approval. 41. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards. Engineering Staff shall review requests for the use of Riverside County Road Department Standards, latest edition. 42. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to commencement of work. 43. Roadway design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 7 OF 15 44. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % for a distance of 50 -feet for each leg of the intersection. 45. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of improvements within the City of Lake Elsinore right-of-way. 46. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/i' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements is scheduled. 47. The applicant shall install 2 permanent bench marks to Riverside County Standards, one on the centerline at the intersection of 31d Street and Pasadena Street and one on the centerline at the intersection of the project's main entry onto Chaney Street and Chaney Street. The benchmarks will be constructed as each improvement is constructed. 48. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit if applicable. 49. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or away from an access point shall be the responsibility of the property owner or his agent. 50. Provide fire protection facilities as required in writing by Riverside County Fire. 51. Provide street lighting and show lighting improvements as part of street improvement plans. Street lights shall be constructed in accordance with the City Standard street light spacing. 52. All improvement plans 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. 53. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54. 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. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 8 OF 15 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57. 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. 58. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 59. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of- way, subject to the approval of the City Engineer. 60. Project 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. 61. 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. 62. On-site drainage facilities conveying off site drainage shall 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". 63. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of Building Permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 64. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 65. The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District for encroaching, grading, or discharging into County flood control facilities, prior to beginning work. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 9OF15 66. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be consistent with the NPDES program permit and approved by the City Engineer. 67. A drainage acceptance letter shall be required from the downstream property owners for out -letting the proposed stormwater run-off on private property. 68. The Applicant shall be responsible for all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 69. P-Mvidg Traiot Phas ng Plan for the City Engineer's approval. 70. Submit Faithful Performance and Labor and Materials Bonds for all public improvements for each Phase as approved by the City Engineer. 71. Applicant will be required to install erosion control measures using the best available technology to mitigate any urban pollutants from entering the watershed. 72. Applicant shall provide the City with proof of his having filed a Notice of Intent (NOI) with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a Water Quality Management Plan (WQMP) for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 74. 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. 75. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 76. 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. Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 10 OF 15 77. Dedicate and improve full half width street right-of-way and street section on Chaney Street for the full project frontage. Right-of-way dedication and street improvements shall be consistent with the General Plan Circulation Element. The structural section shall be consistent with the City Standards. The Chaney Street Improvements, including benchmarks, shall be completed prior to first occupancy for any buildings in Parcels 1 and/or 2. 78. Applicant shall dedicate and improve a cul-de-sac consistent with City Of Lake Esinore Standards for the termination of Birch Street. The project entrance from Birch Street shall be designed as a City Standard Commercial Driveway. The Birch Street Improvements will be completed prior to the first occupancy of any buildings in Parcels 3 4 8 and/or 9. (Amended at the January 19 2016 Planning Commission meeting). 79. Applicant shall construct either interim or final drainage improvements which would convey the drainage from the terminus of Birch Street to the outlet channel Alignment and configuration of such drainage improvements shall be prepared by the Applicant and approved by the City Engineer or their designee Construction of said drainage facilities shall occur with the first phase (buildings T -V) of development. Permission from Riverside County Flood Control to outlet into the Channel must be provided. (Amended at the January 19, 2016, Planning Commission meeting). 80. Applicant shall dedicate right-of-way and improve the intersection of Pasadena Street and 3rd Street such that the corner of this intersection is completed. These improvements as well as the configuration of the access from this corner onto the property shall be approved by the City Engineer. 81. Developer to provide access to property owners and utility agencies to property to the west of the tract including during construction. 82. Applicant shall submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to the first certificate of occupancy if the project is in the 100 -year flood plain. 83. The offsite striping including "No Parking" signs on 31d Street and Minthorn Street shall be completed prior to issuance of the first building occupancy permit. 84. Construct a storm drain inlet at the corner of 31d Street and Pasadena Street to convey the street drainage into the 3rd Street Channel prior to issuance of the first occupancy permit. 85. Applicant shall cause to be recorded a CC&R's with recordation of irrevocable Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 11 OF 15 reciprocal parking, circulation and loading- as approved by the City Attorney and City Engineer. 86. Applicant shall contribute to or design and construct all mitigation measures identified in the approved environmental document including the following traffic improvements as required mitigation measures of the approved environmental document, as it relates to the entire project: a. Contribute Fair Share to the installation of traffic signal at Collier Avenue and 3rd Street prior to 51% occupancy of alllap nned buildings within the Fairway Industrial Park. b. Install traffic signal at Collier Avenue and Chaney Street prior to 51% occupancy of alllap nned buildings within the Fairway Industrial Park.. c. Contribute Fair Share to the installation oftraffic signal at the intersection of west Minthorn Street and Chaney Street prior to 76% occupancy of alllap nned buildings within the Fairway Industrial Park. d. Add a northbound left turn lane on Collier Avenue at the intersection with Chaney Street prior to 76% occupancy of alllap nned buildings within the Fairway Industrial Park. There are TIF credits available for some of these improvements and the project will be eligible for their fair share, after the improvements have been installed, subject to the City Engineer's approval. (Amended at the January 19, 2016, Planning Commission meeting). 87. Applicant shall be required to pay applicable Traffic Impact Fee (TIF), Transportation Uniform Mitigation Fee (TUMF) and Area Drainage Fee at the rate in effect when the fee payment is made. The (TIF) Fee payment required shall be less the $175,000 credit for the signal at Collier and Chaney Street, with credit being applied after signal is installed. 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. ADMINISTRATIVE SERVICES DEPARMENT 89. Prior to the issuance of the first building permit, the applicant shall consent to the formation of Community Facilities District or annex into the proposed Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right of way landscaped Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 12 OF 15 areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall, make a seven thousand five hundred dollar ($7,500) non- refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the on-going operation and maintenance of the public right of way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project in lieu of creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124. RIVERSIDE COUNTY FIRE DEPARTMENT 90. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (CDR 2014-01) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main Street, Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 91. Blue Dot Reflectors - Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 92. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 2,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 450' and 225' maximum distance from any point on the street or road frontage to hydrant. 93. Hydrant System- A combination of on-site and off-site super fire hydrant (s) (6" x 4" x 2-1/2" x 2-1/2") will be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant (s) in the system Average spacing between hydrants 450' and 225' maximum Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 13 OF 15 distance from any point on the street or road frontage to hydrant. 94. Minimum Access Standards -The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: • Twenty-four feet (24') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. • Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973]. • The required all weather vehicular access shall be able to support no less than 60,000 lbs. over 2 axles. • Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. • Turning Radius shall be 26' inside and 38' outside for all access roads. 95. Secondary Access — In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and development evacuation. 96. Operating Permit Required — This project has been reviewed and may require an operating permit in addition to the construction permit that has been conditioned for this project in accordance with Section 105.6 of The California Fire Code. Prior to Building Permit Issuance 97. Plan Check Fee - Building plan check fee made payable to the City of Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 98. Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 99. Prior to Building Construction Verification — This project shall be inspected Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 14 OF 15 and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall be operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. Prior to Building Final Inspection 100. Fire Sprinkler System 13 — Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the seismic and gravity loads for the support of the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 101. Sprinkler System Monitoring — Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally -controlled location in accordance with 10.14 (NFPA 72, 2010). A C-10 licensed contractor must submit plans designed in accordance with adopted standards, along with the current fee, to the Fire Department for review and approval prior to installation. 102. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 103. Knox Rapid Entry Box — A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 104. Fire Extinguishers- Minimum install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A -2013C and signage. Fire extinguishers located in public areas shall be in recessed Planning Commission Approval January 19, 2016 CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2015-02 PAGE 15 OF 15 cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from wall. Contact Fire Department for proper placement of equipment prior to installation. 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Z 4J z 11 1 LJ LJ 0 m z m D FAIRWAY BUSINESS PARK APN 377-140-024 LAKE ELSINORE, Ch SW7043 - WORLDLY GRAY SW7045 - INTELLECTUAL GRAY SW7046 - ANONYMOUS 1/4"PPG SOLARCOOL (2)AZURLITE FAIRWAY BUSINESS PARK McArdle Associates Architects 5838 Edison Place, Suite 100 Carlsbad, California 92008 760-431-7775 COLOR MATERIALS iYj Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 5) City of Lake Elsinore Text File File Number: ID# 16-077 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 211812016 LAlJE ,>)LSCC`10IZE ���� Daenn� IaCrr.rnnr--,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: February 23, 2016 SUBJECT: Award Public Works' Construction Agreement to Schindler Elevator Corporation for the Concession and Restroom Building Elevator and Installation at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendations 1. Award a Public Works' Construction Agreement to Schindler Elevator Corporation for the concession and restroom building elevator and installation purchase at Rosetta Canyon Sports Park Phase 11 Project (CIP PROJECT#Z40004) 2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $65,600.00 with Schindler Elevator Corporation in the form attached and in such final form as approved by the City Attorney. Background Staff initialed a proposal for the concession and restroom building elevator and installation purchase at Rosetta Canyon Sports Park Phase 11. Utilizing the design specifications in Bid Set 31, the Schindler elevator and installation purchase satisfies all the structural engineering and architecture plan requirements detailed in the project construction documents. This purchase and installation is a one-off customized elevator purchase specifically designed to satisfy City municipal code requirements and design parameters of the concession and restroom building at Rosetta Canyon Sports Park. This is a purchase and installation source among very few other comparable sources known and able to perform the requirements of this contract, within the required timeline and simultaneously deliver the most advantageous product and service. Collecting and analyzing information about elevator capabilities within the local market, determined the purchase ready, furnish and install proposal, satisfies all City's requirements. Therefore, the contractor's proposal has been high scrutinized to insure complete compatibility with design measurements, specifications, and capabilities. Note, the elevator purchase and installation cost is under the construction budget amount for this item. Discussion Following the approval of this action work will begin on the construction of the concession and restroom building foundation and concrete slab at Rosetta Canyon Sports Park. Staff has reviewed and verified the contractor has a valid license and a review of the contractor's references showed no issues with the quality of their work. Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 — 19/20 Capital Improvement Plan (CIP) budget Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, City Manager Attachments: Attachment A - Agreement Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (SCHINDLER ELEVATOR CORPORATION) ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Provide and Install Elevator) Provide and install a 330A Dual Jack 35001b elevator This Agreement for Public Works Construction ("Agreement") is made and entered into as of February 23, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") Schindler Elevator 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: ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 Bid Set 'Bl' (Provide and Install Elevator) Provide and install a 330A Dual Jack 35001b elevator The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project Bid Set 'Bl' (Provide and Install Elevator) 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 Sixty Five thousand six hundred dollars and no cents ($65,600.00). 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 D-1 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 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 all work within Thirty (30) working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Thirty working days, 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 Five Hundred dollars 500) 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, D-2 b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance. The City Manager 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 as of March 1, 2015, 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 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 D-3 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. 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. iv. Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. D-4 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 With a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 If to Contractor: Schindler Elevator Corporation Attn: John Mach 3585 Cadillac Avenue Ste B Costa Mesa CA 92626 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 continuing waiver of a subsequent breach of the same or any other provision under this Agreement. D-5 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. 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 NO statutory provisions for penalties for failure to comply with the State's wage and the hours 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 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] D-7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONTRACTOR" Schindler Elevator Corporation John Mach PM BOND NO. 7:41iyil[I] V1 FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Schindler Elevator Corporation as Principal hereinafter designated as "Contractor' and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 Bid Set `61' (Provide and Install Elevator) Provide and install a 330A Dual Jack 35001b elevator is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her 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 said Contract Agreement and any alterations thereof made as therein provided, on his or her 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. 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 BIDDER: SURETY: Contractor Name: Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore Address: Telephone No.: Print Name: Signature: Attorney -in -Fact NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-10 I*Q I197k [�a PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded Schindler Elevator Corporation I as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 Bid Set `61' (Provide and Install Elevator) Provide and install a 330A Dual Jack 35001b elevator is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action 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. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this of 20 BIDDER: Contractor Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of 20 City Attorney City of Lake Elsinore SURETY: Name: Address: Telephone No.: Print Name: Signature: Attorney -in -Fact day NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) 2. Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE -11 PROJECT CIP PROJECT NO. Z40004 Bid Set `B1' (Provide and Install Elevator) Provide and install a 330A Dual Jack 35001b elevator This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 6) City of Lake Elsinore Text File File Number: ID# 16-078 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 1 Printed on 2/78/2078 CIIY 01 i�� LA I-E IU LS C I` O R-E REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: February 23, 2016 SUBJECT: Award Public Works' Construction Agreement to SCW Contracting Corp for the Concession and Restroom Building Steel Fabrication and Installation at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendations 1. Award a Public Works' Construction Agreement to SCW Contracting Corp for the Concession and Restroom Building (steel fabrication and installation work) at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) 2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $140,000.00 with SCW Contracting Corp in the form attached and in such final form as approved by the City Attorney. Background Staff initialed bid proposals for the Concession and Restroom Building (steel fabrication and installation work) at Rosetta Canyon Sports Park Phase II, Utilizing Bid Set B1 (Steel Fabrication and Installation) contractors provided work proposals based on the structural engineering and architecture plans. Three Proposals were received on or before February 9, 2016. The contractor providing the lowest proposal was interviewed to determine the contractor's completeness of the proposal and understanding of the scope of work. Discussion The purpose of this proposal is to seek competitive pricing for the Concession and Restroom Building (Steel Fabrication and Installation work) at Rosetta Canyon Sports Park Phase II (CIP PROJECT #Z40004). The overall essentials in this scope of work are summarized below as general requirements: Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers General Requirements Anchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings The following proposals were received from qualified contractors and are listed below in the amount of bid sequence (lowest to highest): Contractor Address Amount 2525 N. Old Navy HWY 395 SCW Contracting CorpFallbrook CA 92028 $140,000.00 1320 Grand Ave. # 7 Sal Cal Construction, Inc. San Marcos, Ca., 92078 $142,800.00 Following the approval of this action work will immediately begin on the construction of the Concession and Restroom building at Rosetta Canyon Sports Park. Staff has reviewed and verified the contractor has a valid license and a review of the contractor's references showed no issues with the quality of their work. Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 — 19/20 Capital Improvement Plan (CIP) budget Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, City Manager Attachments: Attachment A - Agreement Agreement AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (SCW CONTRACTING CORP) ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Steel Fabrication) Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers Anchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings This Agreement for Public Works Construction ("Agreement") is made and entered into as of February 23, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City') SCW Contracting Corp) ("Contractor'). The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows: 1. The Proiect and Project Documents. Contractor agrees to construct the following public improvements ("work") identified as: ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers Anchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project Bid Set'B1' (Steel Fabrication) 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 one hundred forty thousand dollars and no cents ($140,000.00). D-1 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 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 all work within Thirty (30) working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Thirty (330) working days, 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 Five Hundred dollars 500) 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: D-2 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. The City Manager 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 as of March 1, 2015, 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 employees in D-3 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. 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. Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. a] 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 With a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 If to Contractor: SCW Contracting Corp Attn: Steve Scrape 2525 N. Old HWY 395 Fallbrook CA 92028 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. D-5 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. 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. D-6 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 hours 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 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] D-7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONTRACTOR" SCW Contracting Corp Steve Scrape O BOND NO. PREMIUM FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to SCW Contracting Corp as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Steel Fabrication) Structural Steel Columns Anchor Bolt Templates Hand Rails (Stairs) Guardrail Panel 2nd Floor Elevator Pit Latter Shop Drawings Stair Stringers is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement; NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her 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 said Contract Agreement and any alterations thereof made as therein provided, on his or her 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. 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) BOND NO, SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 BIDDER: SURETY: Contractor Name: Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore Address: Telephone No.: Print Name: Signature: _ 0_ Attorney -in -Fact NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). M 091,41811 PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded SCW Contracting Corp I as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Steel Fabrication) Structural Steel Columns Anchor Bolt Templates Hand Rails (Stairs) Guardrail Panel 2nd Floor Elevator Pit Latter Shop Drawings Stair Stringers is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law; NOW, THEREFORE, we the undersigned Contractor and , as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action 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. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) BOND SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 BIDDER: Contractor Name: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of 20_ City Attorney City of Lake Elsinore SURETY: Name: Address: Telephone No.: Print Name: Attorney -in -Fact Signature: NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Steel Fabrication) Structural Steel Columns Hand Rails (Stairs) Elevator Pit Latter Stair Stringers Anchor Bolt Templates Guardrail Panel 2nd Floor Shop Drawings This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: 1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 7) City of Lake Elsinore Text File File Number: ID# 16-079 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 2/98/2016 C I 11 U F L A I -F LS I N0 -[<E REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: February 23, 2016 SUBJECT: Award Public Works' Construction Agreement to Maples and Associates for the Concession and Restroom Building Framing at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) Recommendations 1. Award a Public Works' Construction Agreement to Maples and Associates for the Concession and Restroom Building (Framing) at Rosetta Canyon Sports Park Phase II Project (CIP PROJECT #Z40004) 2. Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $150,805.00 with Maples and Associates in the form attached and in such final form as approved by the City Attorney. Background Staff initialed bid proposals for the Concession and Restroom Building (Framing) at Rosetta Canyon Sports Park Phase ll. Utilizing Bid Set B1 (Framing) contractors provided work proposals based on the structural engineering and architecture plans. Three Proposals were received on or before February 11, 2016. The contractor providing the lowest proposal was interviewed and it was determined that the contractor would not provide performance, labor & material bonds in accordance the City's standard Public Works Construction Agreement. Therefore, the lowest proposal was rejected. The second lowest contractor (Maples and Associates) was interviewed and determine responsive and complete. Discussion The purpose of this proposal is to seek competitive pricing for the Concession and Restroom Building (Framing) at Rosetta Canyon Sports Park Phase II (CIP PROJECT #Z40004). The overall essentials in this scope of work are summarized below as general requirements: General Requirements Rough Carpentry labor Wood framing materials per plan Roof trusses /wood beams Simpson catalog hardware Equipment rentals Hold down layouts Concrete Embeds Hardware Complete floor truss and roof truss submittals Supervision Roof decking The following proposals were received from qualified contractors and are listed below in the amount of bid sequence (lowest to highest): Contractor Address Amount 1678 Chase Lane $114,000.00 Frame Company EI Cajon, CA 91901 Rejected 24911 New Clay Street Maples and Associates Murrieta, CA 92562 $150,805.00 29634 Bonanza Place State Wide Structure Canyon Lake Ca 92587 $156,000.00 Following the approval of this action work will immediately begin on the construction of the Concession and Restroom building at Rosetta Canyon Sports Park. Staff has reviewed and verified the contractor has a valid license and a review of the contractor's references showed no issues with the quality of their work. Fiscal Impact Rosetta Canyon Sports Park Phase II Project is included in the Fiscal Year 15/16 — 19/20 Capital Improvement Plan (CIP) budget Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, City Manager Attachments: Attachment A - Agreement Agreement No. AGREEMENT FOR PUBLIC WORKS CONSTRUCTION (MAPLES AND ASSOCIATES) ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Framing) Rough Carpentry labor Wood framing materials per plan Roof trusses / wood beams Simpson catalog hardware Equipment rentals Hold down layouts Concrete Embeds Hardware Complete floor truss and roof truss submittals Supervision Roof decking This Agreement for Public Works Construction ("Agreement") is made and entered into as of February 23, 2016, by and between the City of Lake Elsinore, a municipal corporation ("City") Maples and Associates ("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: ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 Rough Carpentry labor Wood framing materials per plan Roof trusses / wood heams Simpson catalog hardware Equipment rentals Hold down layouts Concrete Embeds Hardware Complete floor truss and roof truss submittals Supervision Roof decking The City -approved plans for the construction of the Project, which are incorporated herein by reference and prepared by STK Architecture Inc., are identified as: Rosetta Canyon Sports Park Phases — II Project Bid Set '1311' (Framing) 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. D-1 2. Compensation. a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder's Proposal, such contract price being one hundred fifty thousand eight hundred and five dollars and no cents ($150,805.00). 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 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 all work within Thirty 30__.l working days from the date of commencement specified in the Notice to Proceed and shall complete all work within Thirty 30 working days, 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 Five Hundred dollars 500) 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. D-2 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. The City Manager 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 as of March 1, 2015, 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. D-3 9. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City's Risk Manager, the following insurance policies. I. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coveraqe. 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. iv. Professional Liability Coverage [if applicablel. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor's profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor's services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general 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. D-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 With a copy to: City of Lake Elsinore Attn: City Manager Attn: City Clerk 130 South Main Street 130 South Main Street Lake Elsinore, CA 92530 Lake Elsinore, CA 92530 If to Contractor: Maples and Associates Attn: Mike Maples 24911 New Clay Street Murrieta, CA 92562 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 D-5 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. Severabilitv. 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. 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 EmploVment. 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 hours 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 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] D-7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney "CONTRACTOR" Maples and Associates Mike Maples, Owner M: PREMIUM FAITHFUL PERFORMANCE BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS: THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City," has awarded to Maples and Associates as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Framing) Rough Carpentry labor Roof trusses / wood beams Equipment rentals Concrete Embeds Hardware Supervision is hereby referred to and made a part hereof; and Wood framing materials per plan Simpson catalog hardware Hold down layouts Complete floor truss and roof truss submittals Roof decking WHEREAS, said Contractor under the terms of said Contract Agreement is required to furnish a bond guaranteeing the faithful performance of said Contract Agreement, NOW THEREFORE, we the undersigned Contractor and , as Surety, are held and firmly bound unto the City of Lake Elsinore, County of Riverside in the penal sum of dollars ($ ), lawful money of the United States, to be paid to the said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Contractor, his or her 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 said Contract Agreement and any alterations thereof made as therein provided, on his or her 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. 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. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Agreement or to the work to be performed thereunder, or the Provisions accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work or the Provisions. (SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO FAITHFUL PERFORMANCE BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of Contractor Name: Address: Telephone No.: Print Name: 20 SURETY Name: Address: Telephone No.: Print Name: Attorney -in -Fact Signature: Signature: Approved as to Form this day of 20_ City Attorney City of Lake Elsinore NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). D-11 BOND NO. PREMIUM $ LABOR AND MATERIALS BOND (100% of Total Contract Amount) KNOW ALL MEN AND WOMEN BY THESE PRESENTS THAT WHEREAS, the City Council of the City of Lake Elsinore, State of California, known as "City", has awarded Maples and Associates I as Principal hereinafter designated as "Contractor" and have entered into a Contract Agreement whereby the Contractor agrees to construct or install and complete certain designated public improvements, which said Contract Agreement, effective on the date signed by the Mayor, and identified as ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. Z40004 BID SET "B1" (Framing) Rough Carpentry labor Wood framing materials per plan Roof trusses / wood beams Simpson catalog hardware Equipment rentals Hold down layouts Concrete Embeds Hardware Complete floor truss and roof truss submittals Supervision Roof decking is hereby referred to and made a part hereof; and WHEREAS, said Contractor under the terms of said Agreement is required to furnish a bond to secure the payment of claims of laborers, mechanics, material men, and other persons, as provided by law, NOW, THEREFORE, we the undersigned Contractor and as Surety are held and firmly bound unto the City of Lake Elsinore, County of Riverside, in the penal sum of dollars ($ ), lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Contractor, his or her or its heirs, executors, administrator, successors or assigns, or subcontractors, shall fail to pay any of the persons described in the California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his or her subcontractors, pursuant to Section 13020, of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In the event suit is brought upon this bond by the City or other person entitled to bring such an action 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. This bond shall inure to the benefit of any of the persons described in California Civil Code Section 3181, to give a right of action to such persons or their assigns in any suit brought upon this bond. (SIGNATURE PAGE FOLLOWS) BOND NO. SIGNATURE PAGE TO LABOR AND MATERIALS BOND IN WITNESS WHEREOF, we have hereunto set our hands, and seals on this day of 20 BIDDER: SURETY: Contractor Name: Name: Address: Address: Telephone No.: Print Name: Signature: Approved as to Form this day of City Attorney City of Lake Elsinore Telephone No.: Print Name: Signature: Attorney -in -Fact NOTE: This bond must be executed by both parties. Corporate seal may be affixed hereto. All signatures must be acknowledged before a notary public (attach acknowledgments). The attorney-in-fact for the corporate surety must be registered, as such, in at least one county in the State of California. (Attach one original Power of Attorney sheet for each bond). CONSTRUCTION OR SERVICE CONTRACT Unless waived or modified by the City Engineer, the following endorsement shall be attached to and made a part of all policies insuring the liability of any person, form or corporation performing services under contract for the City of Lake Elsinore. Notwithstanding any inconsistent expression in the policy to which this endorsement is attached, or in any other endorsement now or hereafter attached thereto, or made a part thereof, the protection afforded by said policy shall: Include the City of Lake Elsinore as an additional insured. (To include the elected officials, appointed officials, and employees.) Indemnify and save harmless the City of Lake Elsinore against any and all claims resulting from the undertaking specified in the contract known as: ROSETTA CANYON SPORTS PARK PHASE -II PROJECT CIP PROJECT NO. 240004 BID SET "61" (Framing) Rough Carpentry labor Wood framing materials per plan Roof trusses / wood beams Simpson catalog hardware Equipment rentals Hold down layouts Concrete Embeds Hardware Complete floor truss and roof truss submittals Supervision Roof decking This hold harmless assumption on the part of the underwriters shall include all costs of investigation and defense, including claims based on damage to substructures not shown, not located on the plans, or shown incorrectly. 3. Not be cancelled except by notice to the City Attorney of the City of Lake Elsinore at least thirty (30) days prior to the date of cancellation. 4. Provide single limit for Bodily Injury Liability and Property Damage Liability combined, $1,000,000 each Occurrence, and $2,000,000 Aggregate. 5. Limited classifications, restricting endorsements, exclusions or other special provisions contained in the policy shall not act to limit the benefits of coverage as they shall apply to the City of Lake Elsinore as enumerated in this endorsement. However, nothing herein contained shall affect any rights of the insurer against the insured. 6. It is further expressly agreed by and between the parties hereto that the following two provisions, (a) and (b), are a part of this contract: (a) That the Contractor specifically agrees to comply with applicable provisions of Section 1777.5 of the Labor Code relating to the employment by contractor or subcontractor under it, of journeyman or apprentices, or workmen, in any apprenticeable craft or trade. (b) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The limits of liability as stated in this endorsement apply to the insurance afforded by this endorsement notwithstanding that the policy may have lower limits of liability applying elsewhere in the policy. Duly Authorized Agent Attached to and forming part of Policy No. of the Date: Expiration Date: WORKERS' COMPENSATION INSURANCE CERTIFICATION Pursuant to Section 1861 of the California Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." Contractor By: Print Name Signature Title Date Section 3700 of the California Labor Code reads as follows: "Every employer except the State shall secure the payment of compensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self -insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee." Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 8) City of Lake Elsinore Text File File Number: ID# 16-080 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 2/18/2016 CITY OF �� LADE 306- LSINORE -iiM DREAM REME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: Approval of Final Map 36624, Far West Industries Recommendations 1. Approve Final Map No. 36624 subject to the City Engineer's acceptance as being true and correct. 2, That the City Council authorize the City Clerk to sign the map and arrange for the recordation of Final Map No. 36624, 3. That the 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 monumentation. Background The proposed Final Map No. 36624 consists of 12.98 acres which includes 75 residential lots and 8 landscaping lots in the Rosetta Canyon Community located west of the Rosetta Canyon Community Park. The proposed streets will be private and the landscaping maintenance will be provided by the HOA. All future improvements have been secured. Discussion Staff has reviewed the Final Map and determined that it is in substantial conformance to Tentative Tract Map No. 36624 and that all Conditions of Approval relative to the Final Map approval have been completed. Final Map No 36624 December 8, 2015 Page 2 of 2 Fiscal Impact Public improvements are to be constructed by the developer. The proposed surety is sufficient for the City to complete the construction if needed. Prepared by: Dina Purvis Senior Engineering Technician Approved by: Grant Yates City Manager Attachment: Final Map 36624 - Construction Agreement Final Map 36624 Vicinity Map Final Map Index AGREEMENT FOR CONSTRUCTION OF IMPROVEMENTS WHEREAS, the undersigned Far West Industries whose business address is 2922 Daimler St, Santa Ana CA 92705 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 36624 which map was prepared by TTG Corp_, 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, THEREFORE, 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: Final Map Monumentation 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 U:AengrVCorrespondenceATR 366241-Trl.esteAFinal map\Monument Construction Agreement.doe I 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 perform 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 underthis 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 bythe 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 completion 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 ❑:AengrVCorrespondenceATR 36629—'PriesCeAproal mapAMonumenC Construction ngseemenC.doc 2 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 and 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 ai iy suuh 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 time as 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 maybe 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 or 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 amount of Twenty Thousand Five Hundred Dollars ($20.500.001 to guarantee the performance of this agreement. In addition, the Subdivider shall provide security in the amount of Twenty Thousand Five Hundred Dollars ($20,500.00) to guarantee payment to any contractors, subcontractors, and persons furnishing labor, materials and equipment to them for the performance of the work herein described. Said security shall be in the form of a surety bond (corporate surety bonds, cash deposits, etc.) U:AengrVCorrespondenceATR 36624—TIiIste.Ar'inaI map\Monument Construction Agreement. doc 3 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 atthe 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 day of . 20. SIGNED: (Type Name/Title) (Name of Company on above line) CITY OF LAKE ELSINORE M ATTEST: Susan M. Domen, City Clerk CITY OF LAKE ELSINORE Grant M Yates, City Manager CITY OF LAKE ELSINORE U:AengrVCorrespondenceV'PR 36624-TriesteAFinal mapAMonument Construction Agreement.doc 4 Vicinity Map �T opo 0 y�C�` SoN/q F CPQ X04 �q0 PQ� �a / 'vim RNE�IP STARINj GO y � _L t o, 2 0p0 PAIL ti J h W � y � II 0 I T, aP p � P O`Pt�Pv i SURVEYOR$ NOTES, IN THE CITY OF LAKE ELSINORE, • INDICATOR POUND I- IT TAGGED L.S. 400, {LUSH, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA PER TRACT NO, 2' TAGGED13 ♦ FNONO r TAGGED Ls. l0 3, ROsx, TRACT N0. 36624 PNOTLO VAS PLO VAST N0. 9, MO ]w/9]-ua Is 1- IF ■ FOO- 1' IF iPC6EU L.S. ]6Y4 iWSx, LOT 355 R TRACT 25{]9 PS SNOMN BY MPP ON FlLE IN BOOK 367, PAGES PER RHES PERRS 11>/IB-]l. 93 MRWbI 11J Cf HAPS. RECORD$ OF RIVERSIDE COUNTY, CALIFORNIA 3 O o INDICATES .11- IND. PIPE ..I. Ls. "I', RUIN. HALLADAY & MIM MACK, INC. 100 ROBERT N. MIM MACK L.S. 5314 JUNE 2014 SPIKE AND WASHER STAMPED L.S. 5314 IN ASPHALT, FLUsx. SECTION 29, T 5 S. R 4 W LEAD ADD TAG Ls. 5314 IN CONCRETE TO BE SET AT ALL REAR 101 LOT GUSHERS KEMP 90 DAYS AFTER ACCEPTANCE OF IMPROVEMENTS. A VD 03 LEAD ANO TAG L.S. 5314 TO DE SET FOR FRONT LOT CORNERS IN TOP OF CURB, OFFSET 0.15TO ME LOT ON ME N� PROTECTION OF WE SIDE LOT LINK UNLESS OTHERMSE NOTED SEE SHEET 3 FOR EASEMENT NOTES. FOR FRONT LOT CORNERS MMN 90 DAYS AFTER ACCEPTANCE )55 OF IMPROVEMENTS. - "'-22250 TRACT NO. 36624 CONTAINS 12.96 ACRES, GROSS, TRACT N0. 36624 CONTAINS 75 RESIDENPAL LOTS. --'x' 011 AND 10 LETTERER LOTS ('n AND v -'v). N°s;/6 OJ MyA ( ) INDICATES DATA RECORDED PER TRACT NO 25479 MB ]67/9]-113 b o;EET 2OF 5 SHEETSI (TRIP) INDICATES DATA MEASURED ANY RECORDED / W /N4NJ JEB ,. / VICINITY MAP PER INAPT Na. 211. MD 30]/93-n3 / e� _\ a. J6)lo (,/ N.E. BASIS OF BEARINGS' / 4' 4?'a`$°aoa�61 5 THE BEARINGS SHOWN HEREON ARE BASED ON THE 9 , � '2) XB3 L6' z� / J�, z FORNNEA SLATE TOUCH) WPMNAM RIVER RINE G, ALLEN SAM IDM HEV. AS DETERMINED LOCNLr —�Qe PFDI BOE BAS PUB NIS DONS SIP BONS'ESRW AND $ IT OJz js, < PPRP, BOTH PS (ORIONSHEO ON NGS OATP SHEETS. _N BEING N31']0'41W (EP1000.J5). i , 'TcJ Oe J ?Oj" QO ei 3 nt.S1 l n u < \ 02A.v /C1112 -1 E 11,11 "9' m' I� ._.NE l T, +" w vh G y 0 LOT 257 WADI N0. 25479 MB 367/03-1❑ i J,°�"M Ft - a � r �r 3 P cl \ 6 9t?G ObA 553M1f M !ne 1� MI4tl9'1: eo J GQ' TRACT ax1 0 1 . 366214 JI lnOf•e SS fsh—�L PHT 'AV —11 BASIS OFTBEARINGS LOT 256 TRACT N0. 25479 MD 367/93-113 CURVE DATA 9 SeT�L DELTA RADIUS LENGTH C 0a0W I- Is 11 9 0 0 AT 71 13 90ED..- 100 ) C 91tl 6' 300 101 El A VD 03 11,12 C6 551) _ 5000 )55 C - "'-22250 300 011 C29 9' A. ] ) IS A 9.— IOW 096 "I 9] 9III 1W10 109¢ CJ3 RVEZ6" A. 5 L 1 ""PS ED Do 161{ C 733R5' 0 YET C35 IV 000 09_ C 5 Btl959' _ _ 63 ;9N C37 ]393)3' 00 75 117 S21111- 000 lo9l ,'A 9511 4'_ _ 3001--'-99 000)' PLO 5 991 1000 B96 ISO 1] ]y'_. 1100 _17.16 11 613'20' 500 _31 1E 9 SeT�L DELTA RADIUS LENGTH 11 1 651 00 553 C23 7]5655 0 AT 1)6 CR 61 J110 1000 RPAI L 5 91tl 6' 300 101 L26 0 0'11' 11,12 C21 591 )0' 500 521 12B 60 53J 300 All C29 IVTW 71 C30 60153)' 300 316 LS 59 %I" 00 52 CJ3 03 59' 300 5 C33 0" 23' 1000 S "I 91400„ OOO 606 C35 5658 000 _10.29 CS 019 1' 19W 1 SO C37 3 2 'y OW 6 87 C 8 965701' OW 92 cCw 65703' 5900 000)' PLO 6000'00- SW _ 91 GAS b00rz:Q0' J00 ]1 ..�. C1 1_5 500 _31 1E 9 SeT�L DELTA I RADIUS LENGTH L 3 53]939 ]00 10'. CI{ 6 00 3 0 _)14 GM 601000 500 _ 514' .I 000000 ]00 114 "1 0 0'11' CB NVIAAr 3W JO)' GO V ] 10� .091 C. 00 ) _ 10' C 1VP7 300 17Z c51 'Iropp, 500 )0' CAD 300 W' C 1011.35 1100 691' c55 "S'. 1000 12.' 150 1 )}9'1/ 6100 935' CS) 100 000 1531' C50 6 5_'11 000 1499' 6E 0111 C900 _ 311' 'G0 3116 3' 1000 000)' C61 91'16'19 51W __0420 GAS 03513' 019 W ]1 ..�. L63 INTE1. 1100 26))' Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 9) City of Lake Elsinore Text File File Number: ID# 16-081 Version: 1 130 South Main Street Lake Elsinore, CA 92530 www, lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 2/78/2016 CITY OF LADE 01) LSINORE ,M DaEnnn EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: Amendment No 2 To Contract With Bureau Veritas North America Inc. For Plan Check Services Recommendation Staff recommends that the City Council authorize the City Manager to execute Amendment No. 2 to the Bureau Veritas North America, Inc. Professional Services Agreement (PSA) for plan check services in the amount of $100,000 for the remainder of Fiscal Year 2015-16 for a total contract amount of $1,000,000, in a form approved by the City Attorney. Background On June 11, 2013, Council approved a PSA in an amount not to exceed $300,000 with Bureau Veritas for engineering plan check services. On September 23, 2014, the City Council approved Amendment No. 1 which extended the PSA for another two fiscal years at $300,000 per year, and increased the total compensation to $900,000. Discussion The City currently utilizes the Bureau Veritas plan check services at a rate of approximately $300,000 per year. Due to the increasing developer plan check workload, the contract requires an amendment to authorize an additional $100,000 in Fiscal Year 2015-16 Fiscal Impact The amendment to the PSA for plan checking services in the amount of $100,000 will be funded by developer paid fees. Sufficient funds have been approved in the Fiscal Year 2015-16 budget for this amendment. AMENDMENT NO. 2 TO CONTRACT WITH BUREAU VERITAS FEBRUARY 23, 2016 PAGE 2 Prepared by: Jason Simpson, Director of Administrative Services David A. Pelser, Program Manager, HR Green Approved by: Grant M. Yates City Manager Attachments: Attachment 'A' - BV — Proposed Second Amendment to Agreement between the City of Lake Elsinore and Bureau Veritas Attachment 'B' - BV — First Amendment to Agreement between the City of Lake Elsinore and Bureau Veritas dated September 23, 2016 Attachment 'C' - BV — Original Agreement for Professional Services dated June 27, 2013 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BUREAU VERITAS NORTH AMERICA, INC. FOR PLAN CHECK SERVICES This AMENDMENT NO.2 is made and entered into as of February 23, 2016 by and between the City of Lake Elsinore ("City) a municipal corporation, and Bureau Veritas North America, Inc. ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: RECITALS A. On June 27, 2013 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services" (the "Original Agreement') for a three (3) year term, subject to annual review by the City Council. B. The Original Agreement provided for compensation to Consultant in an amount not to exceed $300,000 for Fiscal Year 2013-14. C. Amendment No. 1, approved by the City Council on September 23, 2014 increased the payment for services by allocating an additional $300,000 per year for Fiscal Year 2014-15 and Fiscal Year 2015-16 for a total compensation not to exceed Nine Hundred Thousand dollars ($900,000). D. The parties now desire to increase the payment for services by allocating an additional $100,000 for the remainder of Fiscal Year 2015-16 and amend the Agreement as set forth in this Amendment No. 2. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 3. Compensation of the Agreement is hereby amended to read as follows: City hereby agrees to increase compensation to Consultant for a sum not to exceed $100,000 (One Hundred Thousand Dollars and no cents) for the remaining of Fiscal Year 2015-16 bringing the total contract amount for Fiscal Years 2013-14, 2014-15 and 2015-16 to $1,000,000 (One Million 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. 2. 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, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT Grant Yates, City Manager Isam Hasenin Bureau Veritas North America, Inc. Date: Attest: Susan M. Domen, MMC, City Clerk Date: Approved as to Form: Barbara Leibold, City Attorney Date: Date: AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BUREAU VERITAS FOR PLAN CHECK SERVICES AMENDMENT NO.1 is made and entered into as of September 23, 2014 by and between the City of Lake Elsinore ("City) a municipal corporation, and Bureau Veritas ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment No. 1 is made with the respect to the following facts and purposes: a. On June 27, 2013 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services" (the "Original Agreement') for a three (3) year term, subject to annual review by the City Council. b. The Original Agreement provided for compensation to Consultant in an amount not to exceed $300,000 for Fiscal Year 2013-14 and the parties now desire to increase the payment for services by allocating an additional $300,000 per year for Fiscal Year 2014-15 and Fiscal Year 2015-16 and amend the Agreement as set forth in this Amendment. 2. Section 2. Time of Performance of the Agreement is hereby amended to read as follows: The services of Consultant are to commence upon execution of this Agreement and, unless earlier terminated or extended as provided elsewhere in this Agreement, shall continue through June 30, 2016. 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 $300,000 (Three Hundred Thousand Dollars and no cents) per year for the next two (2) fiscal years bringing the total contract amount to $900,000 (Nine Hundred 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 B 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, the Parties have executed this Agreement as of the day and year first set forth above, which date shall be considered by the Parties to be the effective date of this Agreement. CITY OF LAKE ELSINORE CONSULTANT Natasha Johnson - Mayor Date: Attest: Virginia Bloom, City Clerk Date: Approved as to Form: Barbara Leibold, City Attorney Date: Isam Hasenin Bureau Veritas Date: AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of the Z0 day of vue. , 2013, by and between the City of Lake Elsinore, a municipal corporation ("City") and Bureau Veritas North America, Inc ("Consultant"), RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional Engineering Department Plan Check Services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of three (3) years, subject to annual review by the City Council, 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. And in no event shall Consultant's compensation exceed 1300,000.00 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even If such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. 5. Extra Work. At any time during the term of this Agreement, City requests that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services Professional Smices Agreement 1 08126/10 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in .a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Professional Services Agreement 2 08/7.6/10 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in -interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b . possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) Professimral Services Agreement 3 09/26/10 11. F?rafossional Abilh of_Consult�nt. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of business license. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. I, Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Professional Services Agreement 4 OSl26/I0 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing 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. 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. Deduct ible.s_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. Prol'cssional Services Agrccmcnt 5 08/26/10 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: Ken Seumalo 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: &. 6 ; xb7 6u.reci , Veri ,�a5 10620 'r"reena, 5,1. / 5L6te- 2C)o a�f\ Oiego/ CA 12131 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit D. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21, Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Professional Selvices Agreement 6 08/26/10 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 shall the costs of mediation equally. It the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE'("JAMS") or,its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising there from. 27. 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. Professional Services Agreement 7 08126/10 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: By: r� Grant'"ates. City Manager er BUShYess License Ilse # r) APPROVED AS TO FORM: Barbara Z LiM)6ld,,fity Attorney i„m'i'lt Attachments:. Exhibit A - Scope of Services Exhibit B - Fee Schedule Professional Services Agreement 8 08/26/10 EXHIBIT "A" SCOPE OF SERVICES Prof8mAgmt.4014.000 EXHIM "A" —Page 1 09/08/98 ioj:irelr�:� SCHEDULE OF CHARGES PwfS;=Agmt.4014.000 EXHIBIT "B" — Page 1 09/06!98 III. SCOPE OF WORK Scope of work is to provide As Needed, On -Call Plan Checking Engineering Services to the City Public Works Department, Engineering Division in accordance with all provisions within this RFP. These services will be on an intermittent basis. The scope of work includes engineering review and check for correctness of plans, design calculations and technical specifications related to materials for proposed improvements, development of correction lists, transmittal of correction lists to the Applicant and status updates to the City. Key resource will be latest edition of City of Lake Elsinore Engineering Design Guidelines Manual and Standard Drawings for the preparation and checking of Improvement plans, Drainage, and Grading Plans within Lake Elsinore. Meetings with the applicant may or may not be required at the option of the City and will be determined on a case by case basis. Upon approval of the submitted plans, the firm will certify in writing that the design is in substantial compliance with applicable local, state and federal requirements. Ultimate responsibility for errors and/or omissions of plans and specifications will continue to rest with the originating design firm, not the Consultant for plan checking or the City. The selected firm(s) may assist the City with various engineering assignments including but not limited to: Plan Checking Services for Private Development Projects • Street and Storm Drain Improvements • Grading, Erosion Control and/or Drainage Plans • Construction Detour Plans • Striping and Signing Plans • Bridge or Retaining Wall Structures not under Building Permit purview • Consistency with other planned improvements • Final and Parcel Maps • Easement, Dedications • Vacations, Quitclaims • Lot Line Adjustments • Parcel Mergers • Water Quality Management Plans 2. Review of Plan Check Submittal Items and Reports • Road Structural Section Calculations • Hydrology and Hydraulic Calculations and Reports • Street Layout and Design • Structure Calculations not under Building Permit purview • Traffic Reports or Studies • Quantity Estimates • Engineer's Cost Estimates • Soils/Geological Reports • Compliance With Current NPDES Permits 3. Review of Technical Specifications for Proposed Improvements in City Road Right of Way • Road Structural Section components • Trench backfill and restoration • Storm Drain line and appurtenances • Traffic Signal components • Signing and Striping 4. Work Flow Methodology • Review for completeness of submittals • Document submittal deficiencies and advise the City as necessary • Identify any additional reference materials required for a thorough plan check such as related offsite improvement plans, studies or reports. • Conduct site visit as necessary. 5. Provide other Engineering and/or Transportation related professional services as requested in the areas of Plan Checking and/or Development Review technical support. 6. Plan Check Time Initial Submittal— • For typical small private development projects with less than five plan sheets a maximum ten (10) business day turn around time is expected. • For larger more complex projects with six or more plan sheets a maximum fifteen (15) business day turn around time is expected. Subsequent Submittals / Resubmittals — • For typical small private development projects with less than five plan sheets a maximum five (5) business day turn around time is expected. • For larger more complex projects with 6 or more plan sheets a maximum ten (10) business day turn around time is expected. Turn around time will be considered to start the date when the submittal has been received by the Consultant. End time will be considered the date that the plan check comment letter is sent out to the applicant. Receipt may include hard copy or electronic mail copy. Details on procedures will be negotiated with the Consultant. Provide a "Fast Track" expedited on demand review time between 3 to 5 business days depending on complexity of project. 7. Design/Plan Check Criteria and Standards • Attachment B includes this information Suggestions by Consultant of recommended changes to current plan check policies, procedures and guidelines should be made to the City as needed to facilitate the work flow efficiency of both the City/Consultant as well as clear understanding by the private development community, 8. Fees Consultant shall fill in fully burdened rate fees for various plan check types using the form in Attachment A. The City will not pay ,costs". 9. Final Submission -? 10. Develop Check List — consultant shall review and within first year, evaluate and as needed make recommendations to improve current Engineering Plan Check Criteria and Checklists. 100 Cubic Yards or Less: IV — r,VUU t;ubio $220.00 for the first 100 cubic yards, Yards $50.00 for each additional 100 cubic yards, plus $110.00 for each additional Yards or fraction thereof x 91% 1,001-10,000 Cubic $670.00 for the first 1,000 oubir yard. Yards: plus $50.00 for each additional 1.000 cubic yards or fraction thereof x 91 % rv,vvr — IVV,UVV CubicI $1,120.00 for the first 10,000 cubic yart Yards: plus $190.00 for each additional 10,000 cubic yards or fraction thereof x 91% ,vv,wr —rvuuw Cubic Yards: $2,89U.U0 for the first 100,000 cubic 75% of City's fees yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% 0ver400,p00Cubic $6,130.00forthefirst400,000cubic-- 75%oPCity'sfees Yards: yards, plus $110.00 for each additional 100,000 cubic yards or fraction thereof x 91% REVISIONS to $450.00 per sheet 80% of City's fees approved plans Per sheet charge of $_150.00 will be required on each subsequent plan submittal over four (4) for plan check. Fast Track performance fees shall be —1.5 times those shown above. Revised. or Redesigned Public Works Improvement Plans Traffic Signing & Striping, Traffic Control, Haul Route Plans (as part of improvement plan set) Traffic Control as part of encroachmom permit application (I 1x17) Per hour rate review tune IIQ iTl. it+>Yri?Q',, Z 7f'Y Akyp�+Pi,{'ltvl11-1 , ii t^ � °i tr �n�i a �� 1'i ll jJ � 7 ry N t !i"lPyi'I1 U iS j3%il h/1 r ra , , , i yips�,ryw d fC�7� G i�'-'...i{� "y,( �I �4�� H4 �i 1a1 JJ ^T " qi�'��f �gX% n�t� fr�Avl i�1F,iwl Y 6fli�"�u�!�lh Public Works 7.5% 75% of City's fees Improvement Plans -Based on B ineer's Estimate Additional per sheet charge of $_15t).QOwill be required on each subsequent bond copy plan re -submittal over four (4) the above may be made on the fifth submittal for plan check. (Mylar submittal is included in the initial fee.) Fast Track performance fees shall be — 1.5 times those shown above. Fast Track is expedited, on demand with turn around time between 3 to 5 business days. Final Tract Map $1 700 a $55 per 1. 8o% Parcel Map $] 100 $45 per $0%0 12ed'esrgiied"1'iacilParcel'Maps'in - per sheet Process Maps Lot 1'.uzi Adjustmenfb Two Lt>tt $400 Lot Line Adjustment More than $500 +$55 per lot two lots Dedication: Basement, Right of $440 80% of City's fees Certificate of Compliance $450 80% of City's fees ._— Parcel Merger -- $400 $400+$25perlot BO%o£City's fees �- StreetAbandomnenWacation $1,100 80% of City's fees Exhibit D Subcontractors For this contract Bureau Veritas will perform all, plan reviews in-house, except for traffic analysis, study and report reviews, soiilgeotechnicat studies, and alquist priolo report reviews. Traffic reviews will be performed by our subconsultant, Rick Engineering Company, who has been our traffic plan review subconsultant for the past eight years. Rick Engineering Company provides comprehensive traffic engineering services to meet private and public sector clients. Local agency clients Include the Cities of Lake Elsinore, Murrieta, San Diego, Ontario, Vista, Oceanside, Solana Beach, and Chula Vista; Counties of Riverside, San Blego, and Imperial; Caltrans; and the U:S. Navy. Review of soil/geotechnical and alquist priolo studies and reports will be performed by NV5. NV5 ties a 10+ year history working with Bureau Veritas. They are one of the largest and best equipped independent laboratories, and has a successful track record providing geotechnical review services. DAT O MWODtl A CERTIFiCA_TE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONI -ERS NO RIGHTS UPON 'fl'I- CERl"IFIOATE iLDER, is 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER AMPOR7'ANT: If the cBlilfrcafo holder is an ADDITIONAL INSURED, tho po11COGS) must he Bndorrad, 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 andorsentont(s). - Risk SCPV1Ces Northeast, INC. T'iltiNE 13(6-283-]122 847-953-5390 INNo. Water Street York NY 10038-3551 USA ""C."� E4AAA A➢DRLst: INSURER(S) AFFORDING COVERAGE NAICIf 'ERM ON CONDITION OF ANY (ON1 RACE INSU_REaA ANA IDsur30Ce Company INSURER lu Nall Dndl Union Fire Ins CO Of Pittsburgh INSURER e: Glanitn state In96raDCe Company 13072 19445 'au Veritas Worth America, Inc. 0 Treena Street, Suite 200 Diego CA 92131 USA 23809 0 Insurance Co of the State of PA INSURER D: ),9429 I ILREIN IS SUBJECT ALL INSURER E: PrOperty & Casualty Insurance Co. _2.6699 AMY HA\ E 6EC.:N _ACE I16l112ER F: PAID CIAIMS. Limlis shown aro as requested COVERAGES cL,t I D n,HI h POLICIL Of° IN CII.AN(L rvL rvur r .w - I I 11-D BEI OW IiAVP11LF ISSULD Tp - - I I If INSl1RFD NAMED AIdOVL- 7012 ThiC- POLICY PFRIpU iHi IS TO ( 1111,111 THAI I'LL NOTW ITfiSTANDING ANY RI -QUIRE MEN)', 'ERM ON CONDITION OF ANY (ON1 RACE OR OI Hf_R DOCOMENT WITH I LSPCCT TO WHICH THIS 1'0 I I IL TERMS, INDICATED OR MAY PERTAIN, 1'HE IN.SSURANGF, AI f-Olil IED RY 1 HC M1 OI I( ICS ()I1NcRIBFD I ILREIN IS SUBJECT ALL CERTIFICNI F MAY HE ISSUED AMY HA\ E 6EC.:N RCDUGLD BY PAID CIAIMS. Limlis shown aro as requested f-.XCt,USIONS AND CONDITIONS OP SUCH Ii01 ICIFS. IJMI fS SHOWN l y Tilbl M)UP- ___POLICY NUMBER I�fEYyY�,�j.`jMA18�iI1mYY LIMBS LTR TYPE OF INSURANCE �� INgt WVD 7b469 4%i)T.%10I3 U4%Oi%1 EACH OCCURRENCE VI, 000, 006 B GENERAL LIABILITY OL "unMnGET'ISFENTED— —`__.--El, 000, 000 % COMMERCIAL GENERAL LIABILITY PRi A{I FSjE 'v,m i __ MED E%P (Myon Pomo) $25,000 CLAMS-MADE�X,�OCCUR - - - PERSONALSADVINTIURY - - $1 000 000 _ — 82 OGU OVU -- -- PRODUCTS GOMPIOP AGG $2,000,006 GEAPL AGGREGATE LIMB APPLIES PER: ----"-----""'--- -----""---"----- POLICY % PRO % LOC LIMB CA 3377177 OA(11 ). 2(l130h/O1 7.014 COMBINED SINGLE S_f-_e�ltlenll - DEED.....___. $1,000(000 B AUTOMOBILE LIABILITY BOMLYINJURY( Pel Ppmn) A05 CA 3377178 04/01/2013 114/0)/2014 BODILY INJURY (Per alc ew) O X ANY AUTO "" MA ALL OWNCD SCHEDULED A1rt09 AUTOS PROPERTY DAMAGE _ .11 -AUTOS NONOS-0WNED �- _ AUT MO0570035 _ 04/01/201304/61/2014 EACH OCCURRENCE $5 0( 0(10 _ __.— __ E % UMBRELLALIAR OCCUR "`-^- ..._ .. AGGREGATE $5 000 006 EXCESS LIAR CLAIMS+MDE ' - DEED• .._......_—. OED (Rf it M1I CM __. D WORKERS COMPENSATION AND WCO25842303 U4 U1/2011 04/O1%L014 X TORY IfMITS Poll OFR EMPLOYERS' LIABILITY YIN AOS EL EACH ACCIDENT $1,000,000 G ANY PROPOETORI PARTNERI EXECUTIVE [N] NIA . wc025842304 04/01/2013 04/01/2014DEED-...._ .. -- OFFICFROfEMBEREXCLUDED? EL, DISEASE EMPLOYEE $1,000,000 (Mandatory In NH) CA --'-- Ilynsdosaibauo'FG' EL DISFISE-POLICY LIMrt $1600,000 OF OPERAlYONS UeIow DESCRIPTION Pt OU1.A74(13) 01701/'013 Of((Il/?fila Each Ll aim b1 000,000 A Ar chi Y&Enp Prot IR applies per policy tel IS & condi dons Aggregate $1,000,000 DISCRIPTIONDI of CRATION9ILOCA410N5/VIJIIGI! (nl IACORD tPt /u1JIU nl It k rdll 11 1' 4i d) the (-Literal al mmnld with r¢hall e, anA HOSiness Unit no 2`)3I'C City of 1 1" E{s inmr iH tort uel d s uldrt )1 1. ay of AUtOMObile I_rltlit.y Pot r ms where re qu,rmf by In sten Gonllact, Thu 1n wand P1(vtd d hall b< trineij and any ocher of fuel og iL on i in favor Df` horaqlraord illsw ;Tac¢ nnniained by the Aod'itwml 11 ;Ured i txa:SS Ht Non-ContijIH,IC ), n v I'll AUHImObi} Liability and vio'k(-I Cumpcm"Atioll policies tahere required fly the Additional Insured on the Genu ti Liability. 011 iw lwjc _ wcrage for Professional Ltabilit:y and Contract or9 Pot luCinn wl ritert COmlict The Archit'eci'S & I.ngi...wra policy Liniaility. See ".I.achod enrIIlrsemwn ,. l:CK11t16Hlc YlVLucrt - ---- _� - JY SHOULD MY OF THE ABOVE DESCOMED CDTA':5 BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE IEXWCREO IN ACCORDANCE NOUN THE POLICY PROVISIONS. City Of Lake Elsinore Attn: City Clerk South Main Street 130 u otnone AITIR)ftePU REPRESENTATNE PRPR Lake CA 92530 USA sGevird c tL�%.±: na N ©1988-2010 ACORD C_9PORATION. Ail rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 1:44 RE: 2013 Renewal Certificates of insurance Policy Period:. 04/01/2013 to 04/01/2014 Dear Certificate Holder: We are pleased to provide you with the renewal Certificate of Insurance for subject policy period. This evidence of insurance is provided to you on behalf of Bureau Veritas North America, Inc. (BVNA), TH Hill Associates, Inc., National Elevator Inspection Services, Inc. (NEIS) and OrreCIS, Inc. If evidence of coverage is no longer required, please write "CANCEL" across the face of the Certificate and fax it to: Stephen Pechloff at 1-800-363-0105. PLEASE NOTE: Direct any other requests concerning certificates of insurance to your insured contact not to Aon Risk Services. Best Regards, Stephen Pechloff Senior Client Specialist Aon Risk Solutions City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 py www.lake-elsinore.org Text File File Number: ID# 16-082 Agenda Date: 2/23/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 10) City o/Lake Elsinore Page 1 Printed on 2/1812018 CITY OF ^ LADE �LSINOP�E DREAM EjCTREMF, REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: Recommendation That the City Council: Approve the City's participation in a study to evaluate the feasibility of creating a Police Services Joint Powers Authority to manage the services of several cities that currently contract with the Riverside County Sheriff's Department. 2. Authorize the City Manager to enter into a participation/cost sharing agreement in form approved by the City Attorney. 3. Authorize a General Fund expenditure of not to exceed $25,000. Background This report recommends that the City Council approve the City's participation in a study to evaluate the feasibility of creating a Police Services Joint Powers Authority (JPA) to manage the services of several cities that currently contract with the Riverside County Sheriff's Department. Discussion Lake Elsinore has historically contracted with the Riverside County Sheriff's Department for law enforcement services. The Sheriff's Department continues to provide high quality public safety services to Lake Elsinore and surrounding communities. The City has been working with other contract cities to address contract rates that have increased by more than 37% over the last 7 years and are projected to grow 8-10% for each of the Proposed Participation In Public Safety Joint Powers Authority Feasibility Study February 23, 2016 Page 2 next two fiscal years. At a Mayors' Summit on Public Safety hosted by the City of Temecula in May, 2015, participating contract cities discussed the concept of forming a joint powers authority (JPA) as an alternative to the current contract model in an effort to achieve cost savings. The City of Moreno Valley, as the largest contract city, agreed to prepare a draft Request for Proposals (RFP) to conduct a police services JPA feasibility study. Once approved by the other interested cities, the RFP was issued by the City of San Jacinto and seven proposals were received. Proposed costs ranged from $123,000 to $580,000. A panel of City Managers and Finance Directors from participating contract cities selected Matrix Consulting to prepare the feasibility study at a cost of $195,000 (a copy of the full proposal is attached). A summary of the scope of work includes the following: • Determining the potential of a JPA to manage police services consistent with the level currently provided by the Riverside County Sheriff's Department. • Identifying the advantages and disadvantages of creating a JPA as compared to the current services. • A detailed review of existing police management and operations. • Establishing a recommended organizational structure for the JPA as compared to the existing organization and staffing levels of each participating agency. • Defining the services and method of service delivery under the JPA for all necessary functions of the police organization. • Defining and determining cost factors for the administration, capital purchases, and start-up of the JPA structure. • Determining how the JPA would have access and use of necessary Riverside County Sheriffs Department regional law enforcement services. • A comprehensive salary and benefit survey with recommended compensation ranges for each job classification, including pension options. • Potential areas of financial savings in the immediate and long term compared to current costs. • A proposed implementation schedule, considering that Phase 2 (how to execute implementation) and Phase 3 (full implementation) will follow subsequently. • Matrix Consulting indicates that the study will take 5 months to complete. There are 17 cities that contract for law enforcement services with the County and ten of those cities participated in the RFP process. With each participating city sharing equally in the cost of the proposed study, the cost per city is $19,500. The City of San Jacinto will award the actual contract and the participating cities will enter into a participation/cost sharing agreement for their share of the cost. Staff is recommending that the City Council authorize a General Fund expenditure of not to exceed $25,000. This should ensure adequate funding in case any of the other cities decide to not continue in the process and the remaining participating cities' shares are higher than $19,500. Proposed Participation In Public Safety Joint Powers Authority Feasibility Study February 23, 2016 Page 3 Fiscal Impact Staff is recommending that the City Council authorize a General Fund expenditure of not to exceed $25,000 for the City of Lake Elsinore's share in the preparation of the proposed police services JPA feasibility study. Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant M. Yates City Manager Attachments: Matrix Consulting Group—Technical Proposal Proposal to Conduct a Police Services JPA Feasibility Study RFP 2015-019 CITY OF SAN JACINTO, CALIFORNIA P5F1�iEa consulting group TABLE OF CONTENTS Proposal Section Page 1. COVER LETTER i 2. EXECUTIVE SUMMARY 1 3. APPROACH TO THE SCOPE OF WORK 5 4. PROJECT MILESTONES AND SCHEDULES 19 5. CONSULTANT TEAM 20 6. CONSULTANT REFERENCES 34 7. ADDENDA 38 8. SAMPLE WORK PRODUCTS 39 9. FEE PROPOSAL 40 1. COVER LETTER HI wiiii,�atnxiw consulting group Tim Hults, City Manager City Manager's Department City of San Jacinto 595 S. San Jacinto Avenue San Jacinto, CA 92583 Dear Mr. Hults: October 20, 2015 The Matrix Consulting Group is pleased to submit our proposal to the City of San Jacinto to conduct a Police Services JPA Feasibility Study (RFP 2015-019). The Matrix Consulting Group is comprised of highly experienced management consultants who specialize in the analysis of law enforcement systems and operations. We have conducted law enforcement assessments for more than 300 communities in California, elsewhere in the West and across the United States, including many feasibility studies. The firm and project team assigned to this study have significant experience analyzing law enforcement service alternatives for communities wishing to evaluate other approaches to providing these services. The table, below, summarizes this experience, which includes many service delivery alternative studies in California such as our just -completed studies for La Quinta and Laguna Hills: Contract Service Evaluation ' Feasibility Studies Consolidation Analysis Kenmore, WA Broome County, NY Augusta / Richmond County, GA Laguna Hills, CA Citrus Heights, CA Bergen County, NJ La Quinta, CA College Park, MD Boston Area Agencies, MA Lynwood, CA Cupertino, CA Broome County, NY Palmdale, CA Danville/Lafayette/Orinda, CA Carthage/West Carthage, NY Patterson, CA Goleta, CA Endicott/Vestal, NY Pinellas County, FL Hilton Head Island, SC Hall County / Gainesville, GA San Bernardino County, CA Lauderdale Lakes, FL High Desert Cities, CA This breadth of experience will allow us to quickly identify and understand the law enforcement issues facing the Riverside County contract cities. Our approach to conducting studies is based on thorough research, detailed analysis and interaction with our clients as the project proceeds, as characterized by the following points: The President of the firm will be directly involved in the project. I have personally worked on and directed over 250 police studies during my 30+ year career, including all of the feasibility analyses listed in the table above. I am based in our California Headquarters office. We staff our projects with functional specialists, not generalists. In addition to myself, our experienced law enforcement analytical team includes: 201 San Antonio Circle, Suite 148 Mountain View, CA 94040 650.858.0507 650.917.2310 fax California, Illinois, Massachusetts, Texas, Washington Byron Pipkin, a Senior Manager, who has been a law enforcement consultant for 10 years. He was a Deputy Chief in the Sunnyvale (CA) DPS. He has played a lead role in several of our recent police feasibility studies, including the La Quinta and Laguna Hills projects. Greg Mathews, Senior Manager, who has 25+ years of experience, having started his career at the Pasadena Police Department. He is a specialist in evaluating smaller public safety agencies, with recent experience at Kenmore (WA); Montville (NJ); Goleta (CA); and Eastpointe (MI). • We believe in high levels of client participation and input. We will conduct interviews with a broad range of municipal, County and regional officials; we will also conduct focus group meetings of residents on the subject of police services. • We work closely with our clients through interim reports and meetings. We anticipate three or four meetings with the project steering committee. We commit to bi-weekly briefings during the duration of the project. • We provide detailed analysis for each recommendation. Our reports are fact -based, not founded on generalities or simplistic notions such as officers per thousand. The Matrix Consulting Group is a California corporation with its headquarters in the San Francisco Bay Area (Mountain View, California), as well as offices in Massachusetts, Texas, Washington and Illinois. We were formed in 2003. Official communications can be made through the letterhead contacts or to me at rbrady(a,matnxcg. net. We have thoroughly reviewed the Request for Proposals and understand the requirements for this project. Our attendance at the project Bidders' Conference on October 8th confirmed that understanding. We are highly qualified to conduct this work given of the depth of our experience generally in police services analysis and feasibility studies specifically. We have no exceptions to the terms and conditions proposed. As President of the firm, I am authorized to sign this proposal, negotiate on its behalf and bind it contractually. There is no proprietary information in this proposal document. We appreciate the opportunity to submit this proposal. If you have any questions, please do not hesitate to contact me. - Matrix Consulelng Group Richard P. Brady President matrix consulting group 2. EXECUTIVE SUMMARY CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 2. EXECUTIVE SUMMARY This section provides a brief, but comprehensive overview of our proposal to conduct this JPA Feasibility Study. 1. SCOPE OF WORK This study is designed to evaluate the feasibility of creating a Police Services Joint Powers Authority (JPA) to manage the services of 11 cities — Canyon Lake, Calimesa, Coachella, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Perris, San Jacinto, and Temecula. The initial analysis, the first of three phases, is designed to be a comprehensive feasibility study of the police services needs and costs of a JPA and will include: • Determining the potential of a JPA to manage police services consistent with the level currently provided by the Riverside County Sheriff's Office. • Identifying the advantages and disadvantages of creating a JPA as compared to the current services. • A detailed review of existing police management and operations. • Establishing a recommended organizational structure for the JPA as compared to the existing organization and staffing levels of each participating agency. Defining the services and method of service delivery under the JPA for all necessary functions of the police organization. • Defining and determining cost factors for the administration, capital purchases, and start-up of the JPA structure. • Determining how the JPA would have access and use of necessary Riverside County Sheriff's Office regional law enforcement services. • A comprehensive salary and benefit survey with recommended compensation ranges for each job classification, including pension options. • Potential areas of financial savings in the immediate and long term compared to current costs. • A proposed implementation schedule, considering that Phase 2 (how to execute implementation) and Phase 3 (full implementation) will follow subsequently. While most communities are satisfied with the Sheriff's Office's handling of and Matrix Consulting Group Page 1 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) response to crime and service needs, examining joint service alternatives is 'due diligence' on these contract services. These issues underscore the cities' interest in this study. For this study, however, there is an important test that is the focus of much of the analysis — is the JPA cost effective yet still provides proper police services for all entities involved as compared to current levels of service. The overall structure of this evaluation is envisioned to be comprise three phases — this feasibility evaluation and subsequent implementation phases (2). The next section of the proposal describes in detail how the Matrix Consulting Group would evaluate the feasibility in Phase 1. 2. WORK APPROACH This study to he dP.fP.nSIhIP. and Lisable needs to be based on a number of principles: Extensive input from local managers and elected officials. • Reaching out to citizens on law enforcement services and alternatives. • Be extensively and thoroughly fact based. • Be subject to extensive reviews with a project committee. • The final report needs not only to recap this but to start implementation. The table, below, graphically displays the steps and tentative schedule to conduct the Police Services JPA Feasibility Study. As can be seen from the chart, we are proposing that the study be completed in 20 weeks (five months). 1. Project Initiation dim 2. Law Enforcement Profiles 3. Community Input 4. Assumptions for Alternatives 5. Salary Survey 5. Alternative Resource Needs 6. Alternative Organizations 7. Alternative Costs 8. Start-up Costs 9. Final Report As extensively described in the task plan later in this proposal there would be a deliverable associated with each project task. Matrix Consulting Group Page 2 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 3. THE PROPOSED PROJECT TEAM The Matrix Consulting Group proposes to utilize a senior project team, including our President and other experienced personnel with direct law enforcement experience. The most senior members of the team have between 10 and 30 years of professional experience as consultants and/or law enforcement professionals. Our team includes no subcontractors. All of our experienced team members are Matrix Consulting Group staff who have worked together regularly on law enforcement projects. RICHARD BRADY is the President of the Matrix Consulting Group. He is the leader of our management studies and law enforcement analytical practices. He has been a consultant to local governments for over thirty years. During that period, he has specialized in the analysis of police services, having conducted studies involving over 250 law enforcement agencies. Mr. Brady has managed and/or significantly participated in every law enforcement study cited as experience in this proposal. Mr. Brady has conducted over 200 policing studies in California and in 38 other states across the country. Mr. Brady has a BA from California State University, Hayward; and a doctorate from Oxford University, U.K. Mr. Brady would function as project manager. BYRON PIPKIN is a Senior Manager with the Matrix Consulting Group. He has over 32 years of experience as a public safety officer through the rank of Deputy Chief in the Sunnyvale Department of Public Safety. Byron Pipkin has extensive consulting experience which includes analysis of law enforcement operations for Sunnyvale's Department of Public Safety as a client project coordinator. Byron Pipkin is a graduate of the FBI National Academy; received California POST Management, Supervisory and Advanced certificates; and he received his BA from San Jose State University in their Justice Administration program. JERRY HOOVER is a Senior Manager with the Matrix Consulting Group. He has a strong background in law enforcement, including having previously served as the Chief of Police in Reno, Nevada and in the City of St Joseph, Missouri. Mr. Hoover has also served as interim Police Commissioner to the United Nations in Sudan, and was recently Contingent Commander in support of police training in Afghanistan. GREG MATHEWS — Mr. Mathews, a Senior Manager, has over 27 years of private sector and government experience, performing as both a senior management consultant and executive manager. He concluded his public sector career in 2005 as Deputy Director of Auditing for the Los Angeles City Controller's Office where he managed the day-to-day functions of the Performance Auditing, Follow-up, and Management Assessment sections in the Performance Audit Division for a city-wide elected official. He began his formal career with the Pasadena Police Department, supervising the Crime Analysis Unit and became a POST -certified Level 1 Reserve Police Officer. He holds a B.A. degree from UC Davis and M.P.A. from the University of Southern California. Matrix Consulting Group Page 3 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) IAN BRADY is a Consultant with the Matrix Consulting Group as part of our Management Services Division, and is based in our Mountain View office. Recently, before joining the Matrix Consulting Group as a full-time consultant, Mr. Brady previously served as an intern for two years. He received his BA in Political Science from Willamette University in Salem, Oregon. 4. EXPERIENCE The Matrix Consulting Group has extensive experience conducting police services analyses of all types. We have worked extensively with law enforcement agencies of all sizes and diverse operating environments and communities — in all, over 300 departments. A partial list of our police management, staffing and operations study experience in the past 10 years is provided below (with projects in California bolded): Albuquerque, New Mexico Goodyear, Arizona Phoenix, Arizona Arlington, Texas Greenfield, California Pittsburg, California Arlington, Washington Gresham, Oregon Portland, Oregon Asheville, North Carolina Hanford, California Richmond, Virginia Aurora, Colorado Hayward, California Rohnert Park, California Bayonne, New Jersey Jacksonville, Florida Roseville, California Berkeley, California Kenmore, Washington San Antonio, Texas Beverly Hills, California Lawrence Twp., New Jersey Seaside, California Birmingham, Alabama Las Vegas Metro, Nevada Southlake, Texas Brattleboro, Vermont Lowell, Massachusetts Spokane, Washington Chula Vista, California Milwaukee, Wisconsin St. Petersburg, Florida Clearwater, Florida Monrovia, California Suffolk, Virginia Coral Gables, Florida Montville, New Jersey Suisun, California Corvallis, Oregon Mt. Lebanon, Pennsylvania Sunnyvale, California Cotati, California Napa, California Tacoma, Washington Des Moines, Washington Newburgh, New York Vancouver, Washington Des Peres, Missouri Onondaga County, New York Venice, Florida Elko, Nevada Omaha, Nebraska Vernon, California Galt, California Ontario, California Watertown, Massachusetts Gilroy, California Pacifica, California Winnipeg, Manitoba Canada The firm and this proposed conducting new agency feasibility enforcement services. The following related studies conducted by the firm. Kenmore, WA La Quinta, CA Lynwood, CA Laguna Hills, CA Palmdale, CA Patterson, CA Pinellas County, FL San Bernardino County, CA project team has extensive prior experience studies and evaluations of contracting for law table provides a summary of the feasibility and Broome County, NY Citrus Heights, CA College Park, MD Cupertino, CA Danville/Lafayette/Orinda, CA Goleta, CA Hilton Head Island, SC Augusta / Richmond County, GA Bergen County, NJ Boston Area Agencies, MA Broome County, NY Carthage/West Carthage, NY EndicottNestal, NY Hall County / Gainesville, GA High Desert Cities, CA Matrix Consulting Group Page 4 3. APPROACH TO THE SCOPE OF WORK CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 3. APPROACH TO SCOPE OF WORK The section, which follows, presents a detailed description of the analytical tasks we will complete to achieve the study objectives of this Police Services JPA Feasibility Study. This study would be conducted in three phases — the first phase encompassing fact finding, issues identification, analysis and recommendations; then implementation assistance. The task plan, which follows, describes how this study would be conducted in Phase 1 only. 1. PROJECT UNDERSTANDING. This study Is designed to evaluate the feasibility of creating a Police Services Joint Powers Authority (JPA) to manage the services of 11 cities — Canyon Lake, Calimesa, Coachella, Jurupa Valley, Lake Elsinore, Menifee, Moreno Valley, Perris, San Jacinto, and Temecula. The initial analysis, the first of three phases, is designed to be a comprehensive feasibility study of the police services needs and costs of a JPA and will include: • Determining the potential of a JPA to manage police services consistent with the level currently provided by the Riverside County Sheriff's Office. • Identifying the advantages and disadvantages of creating a JPA as compared to the current services. A detailed review of existing police management and operations. • Establishing a recommended organizational structure for the JPA as compared to the existing organization and staffing levels of each participating agency. • Defining the services and method of service delivery under the JPA for all necessary functions of the police organization. • Defining and determining cost factors for the administration, capital purchases, and start-up of the JPA structure. • Determining how the JPA would have access and use of necessary Riverside County Sheriff's Office regional law enforcement services. • A comprehensive salary and benefit survey with recommended compensation ranges for each job classification, including pension options. • Potential areas of financial savings in the immediate and long term compared to current costs. Matrix Consulting Group Page 5 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) • A proposed implementation schedule, considering that Phase 2 (how to execute implementation) and Phase 3 (full implementation) will follow subsequently. This is expected to be an empirical study — based on data reflecting the needs and uses of law enforcement services by all governmental entities participating, but also predicated on intensive input from staff within the these agencies. (1) Current Contract Services The Riverside County Sheriff's Office currently provides police services for seventeen (17) cities and one (1) Indian Reservation through individual contracts. Those cities include: • Calimesa ** • Canyon Lake** • Coachella** • Eastvale • Indian Wells • Jurupa Valley** • Lake Elsinore ** • La Quinta • Menifee** • Moreno Valley** • Morongo Indian Reservation • Norco • Palm Desert • Perris** • Rancho Mirage • San Jacinto ** • Temecula** • Wildomar ** Cities interested in a feasibility study for a JPA as of release of this proposal (2) Contract Costs: The principal motivation for this study are increases in contract costs. Cities pay a set rate for the number of patrol hours they need to provide adequate police coverage, plus more for additional services. The cost per hour is adjusted annually and, while the Great Recession slowed the rate of increase, they are increasing again and cumulatively have been great over time. The rates for the past eight fiscal years, along with the increase over the previous year, are as follows: 2007-08: $111.80 (up 5.03%) 2008-09: $117.30 (up 4.84%) 2009-10: $121.97 (up 3.98%) 2010-11: $125.37 (up 2.79%) 2011-12: $126.74 (up 1.09%) 2012-13: $132.69 (up 4.69%) 2013-14: $139.29 (up 4.97%) 2014-15: $149.09 (up 7.04%) Cumulative Change: 33.4% Source: Riverside County Sheriff's Office Matrix Consulting Group Page 6 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Trends in these contract cost per hour changes are shown graphically below: 160 150 140 130 120 ro y 3 $1.5 m $136 Coachella IV $170 , _ $12.6 m $127 Lake Elsinore $11 m Loop LooI Lo^� Lo^^ oo^�� $33.4 m $165 Perris $13.5 m $183 ti N� 'Lo^o' tio,`� The cities participating in this study together paid almost $120 million for contract law enforcement services to Riverside County in 2015 (not including the Morongo Indian Reservation). Contract costs for participating cities in this study are shown in the following table along with the range of costs per capita for each city. 7'7- <WMy Calimesa $1.4 m $166 Canyon Lake $1.5 m $136 Coachella $7.5 m $170 Jurupa Valley _ $12.6 m $127 Lake Elsinore $11 m $183 Menifee $10.4 m $122 Moreno Valley $33.4 m $165 Perris $13.5 m $183 San Jacinto $8.2 m $176 Temecula $22.3 m $203 • Depending on size and services contracted for the costs per community range from $1.4 million for Calimesa (and $1.5 million for Canyon Lake) to $33.4 million for Moreno Valley. • On a cost per capita, the costs range greatly — from $122 for Menifee to $203 for Temecula, a variation of 65%. In conclusion, due to the increase in cost annually averaging more than 4% for the first seven years and more than 7% over the previous year, cities are looking at having to make choices between current service levels and the ability to pay the Matrix Consulting Group Page 7 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) predicted costs for police services. The Sheriff's Office is expecting to increase costs by 7% for the next several years due to its own projected budget shortfall. This is a primary reason for the commissioning of this study. (3) Crime As demonstrated in the following tables, the number of violent crimes and property crimes for the cities (and not including the Reservation) covered in this study vary considerably. As with costs, it is valuable to adjust for community size and examine crime rates. These figures are shown in the following table. Violent Crimes/1,000 pop Property Crimes/1,000 pop 2010 2011 2012 2013 2014 Calimesa 18 10 13 14 17 Canyon Lake 10 21 11 3 13 Coachella 193 276 265 118 166 Jurupa Valley 0 150 312 267 287 Lake Elsinore 108 122 130 103 128 Menifee 64 53 87 99 107 Moreno Valley 724 732 706 638 584 Perris 160 167 240 241 180 San Jacinto 108 118 137 124 101 Temecula 74 95 97 91 100 2010 2011 2012 2013 2014 Calimesa 166 159 202 165 259 Canyon Lake 223 225 209 157 128 Coachella 1623 1697 1547 1372 1152 Jurupa Valley 0 1414 3174 3065 2586 Lake Elsinore 1571 1611 1932 1494 1662 Menifee 1339 1611 1942 1680 1501 Moreno Valley 5222 5762 6371 5872 6410 Perris 1735 2124 2081 2038 1905 San Jacinto 1371 1462 1479 1805 1875 Temecula 2351 2406 2440 2848 2535 As with costs, it is valuable to adjust for community size and examine crime rates. These figures are shown in the following table. Matrix Consulting Group Page 8 Violent Crimes/1,000 pop Property Crimes/1,000 pop Calimesa 1.60 24.83 Canyon Lake 1.01 19.17 Coachella 6.30 36.80 Jurupa Valley 3.20 32.53 Lake Elsinore 2.41 35.84 Menifee 1.09 24.26 Moreno Valley 3.54 31.91 Perris 3.40 29.47 San Jacinto 3.00 32.41 Temecula 0.94 23.59 Matrix Consulting Group Page 8 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) While most communities are satisfied with the Sheriff's Office's handling of and response to crime and service needs, examining joint service alternatives is 'due diligence' on these contract services. These issues underscore the cities' interest in this study. For this study, however, there is an important test that is the focus of much of the analysis — is the JPA cost effective yet still provides proper police services for all entities involved as compared to current levels of service. The overall structure of this evaluation is envisioned to be comprise three phases — this feasibility evaluation and subsequent implementation phases (2). The next section of the proposal describes in detail how the Matrix Consulting Group would evaluate the feasibility in Phase 1. 2. TASK PLAN The task plan, which follows, provides a detailed description of the steps that the project team would take to conduct and complete this study for the agencies participating in this study ('agency', including the participating cities and the Morongo Indian Reservation). Task 1 Initiate the Project and Document Law Enforcement Trends and Issues Which Led to This Study. The purpose of this first task is to develop a thorough understanding of issues and expectations of all parties to the study. Completion of this task will include: • Interview the City Managers and, if desired, representative elected officials from each of the participating agencies. During the course of these interviews, the project team will explore the following: — Attitudes toward current service levels and service responsiveness of the Riverside County Sheriff's Office. — Views toward any unmet law enforcement related needs. — An understanding of cost of service trends and issues. — Identification and views toward any viable alternatives. — Identification of issues regarding regional service delivery issues. Interview key representatives of the Riverside County Sheriff's Office (RCSO), including each local contract police chief. These interviews would review and discuss such issues as the following: How the RCSO currently serves each agency and surrounding areas. Matrix Consulting Group Page 9 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) — Methods by which the RCSO communicates with officials and citizens. Trends and issues that have arisen over the past few years. — Budget and resource allocation issues facing the RCSO that could further impact contract service operations. The project team would also collect budgets, recent service and performance reports provided and demographic information / projections for each agency. Task Result: The result of this task would be a final project work plan reflecting the project team's improved understanding of the interest of each agency in participating in this project. We would present this project plan to the project committee. Task 2 Document and Compare Law Enforcement Services, Staffing, Workloads and Service Levels in Each Jurisdiction. To establish a basis for structuring and comprehensively evaluating the law enforcement organization alternatives, we will develop a portrait of staffing, workloads and service levels. We will gather and analyze detailed information about staffing, deployment, crime and service workloads, and service levels from the RCSO. In order to understand the system of law enforcement service delivery and the basis for organizational alternatives, we will document the following: • Contract service requirements. • Community -generated calls for service (CFS) workloads by time of day and day of week; similarly, document deputy -initiated workloads. Develop long term trend data on calls for service and deputy -initiated activities. • Part I and Part II crime rates and arrests in each jurisdiction (by type) over 10 years. • Field deployment levels by the RCSO in each jurisdiction and surrounding areas. • Response times by priority or urgency of call. • Document the types of deputy -initiated activities currently accomplished by field patrol personnel. Develop an understanding of the ways in which these activities are planned and staff help accountable. • Other workloads of patrol (as well as other personnel) such as court appearances, public education, etc. Matrix Consulting Group Page 10 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) • Number of cases forwarded to investigative staff for follow-up as well as the results of these cases. • Traffic enforcement workloads and traffic enforcement activities. • Nature and scope of crime prevention programs currently provided. • Document how the contract 'works' from the perspective of generating base and supplemental costs to each of the participating agencies. In developing this database of information the project team would document workloads and service levels in each jurisdiction and across jurisdictions, deployments of staff in the jurisdiction and in surrounding areas, and costs. Task Result: A summary of the contract and how it compares to actual service delivery would also be developed. The project team would summarize this information in a narrative and statistical descriptive profile. This document would be reviewed with the project committee as well as with the Riverside Sheriff's Office. Task 3 Understand Community Views About Law Enforcement Services. It is critical for the project team to attempt to develop some input regarding current law enforcement services as well as viable alternatives from the communities served. To provide a major avenue for input at the outset of the project, we plan to conduct a citizen online survey to gauge views toward current services and regional alternatives. We would conduct an electronic survey that could be completed by any member of the public in all of the jurisdictions to provide additional feedback and input to the project team regarding law enforcement services. Information regarding the perceptions of the law enforcement services provided and the current satisfaction with these services will provide unique insight. Attitudes toward some of the following questions would be sought: Document attitudes toward the types levels and quality of law enforcement services provided. Document attitudes toward responsiveness of RCSO personnel. Document perceptions regarding ke mono ement issues. Identify service paps and new programmatic and service needs. Questionnaires would be confidential and completed via an online survey instrument (SurveyMonkey). This is a cost effective method to obtain community input into the study. We would work with each jurisdiction to develop mechanisms to inform and promote this survey to their citizens. Matrix Consulting Group Page 11 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Task Result: Summaries of the findings from the survey identifying major themes, comments received and suggestions for change by agency. Task 4 Develop Assumptions for Use in the Analysis of Alternatives. The project team will evaluate the feasibility of consolidation of law enforcement among contract agencies in Riverside County. The feasibility of these alternatives will be compared, in terms of service and cost effectiveness, with the existing approaches of independent police agencies. The project team will review the results of the first three tasks and develop an issues list and a set of service level objectives that can be employed as a basis for structuring and costing JPA and other shared service alternative approaches to providing law enforcement services. Issue areas could include: • Field deployment levels. • Use of civilian personnel. • Response time targets. • Scope of prevention and community programming. • Level of investigative services in each jurisdiction and shared. • How support services should be handled and the degree to which communities could cooperatively provide some or all of these services. • Which services best lend themselves to functional consolidation or increased shared services? • Which services make sense to continue to be provided through the County (e.g., communications or detention system facilities and systems). • How shared service alternatives would be organized, governed and costs allocated. Task Result: Once these issues have been formulated, we will review them with the project committee at a progress meeting. Based on the guidance provided by the committee, these objectives would be adjusted as appropriate, and will provide the basis for structuring consolidation alternatives. Matrix Consulting Group Page 12 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Task 5 Conduct a Comparative Compensation Survey. The project team would develop a comprehensive salary and benefit survey for the participating agencies as a way to gauge comparative costs within the current contract and to set the stage for the analysis of JPA alternatives. Working with the project committee, as well as with human resource representatives in the cities, we would develop a preliminary list of surveyed cities, develop a comparative assessment tool and decide which agencies to include. We would contact each of the agencies and obtain information on: Salary levels and ranges for relevant law enforcement positions. Fringe benefit descriptions and costs for all benefits and each fringe benefit. Explore the extent to which alternative benefit programs have been established or are being evaluated (e.g., defined contribution retirement plans, ACA, etc.). The project team would develop a comprehensive comparative document which documents the results of the survey and implications for the JPA feasibility assessment. Task Result: The results of the compensation survey would be reviewed with the project committee, together an assessment of the impacts of this data on the development of assumptions relating to the feasibility analysis. Task 6 Identify the Resources Needed for JPA or Other Alternatives. In this task, the project team will evaluate the feasibility of consolidating law enforcement services or increasingly sharing services involving the participating agencies. In developing the analysis in this task, we will explore: The number of full time and part time sworn staff required to handle each function based on workloads, service level targets and geography. — Patrol — Investigations — Administrative services — Support services — Command staffing The project team would analyze deployments for the participating agencies. This is critical for contiguous agencies because of the potential to share resources in a regional effort rather than assuming that each agency stands alone in field services. The Matrix Consulting Group has an innovative approach to evaluating deployments as evidenced by the sample map on the next page. Additional information can be found on our web site at www.matrixcg,net/beats Matrix Consulting Group Page 13 Al2 AV3d)8pb v rn �a i m Q� v 2 � � 3 m v m o v E o s m oo ? n E a O t o9 E 0 0 0 D O a c� iv ]' +� v rn v rn m v a 3 m v m o v E o s m oo ? n E a O g o9 E 0 0 0 D O N O W Y t_ ]' J Ll CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) • What is the best use of civilians in the agency, including in core service areas currently provided by sworn personnel (for example in the response to low priority / risk crime and service calls). • Opportunities to share staff and/or programs among groups of agencies. These could include: — Management — Administrative services — Emergency communications — Investigations of major crimes — Crime prevention — Special services (such as SWAT, K9, accident investigations, forensics) — Support services (such as fleet and facility maintenance) • Opportunities to share certain infrastructure (e.g., administrative facilities, detention facilities and/or equipment) among groups of agencies. Alternatives explored would include organizational as well as functional consolidation alternatives (i.e., by function). Task Result: The product of this work task will be a detailed analysis of the staffing and organizational needs for public safety in consolidated service delivery alternative(s). This analysis will be reviewed with the project steering committee. Task 7 Identify Approaches for Organizing Law Enforcement Services to Participating Agencies in a Joint Powers Agreement. Once staff requirements have been determined, the project team will structure an organizational approach for delivering police services, including both organizational and functional consolidation. The organizational approaches would be analyzed in terms of the following: • How each would be structured legally — inter -local agreement or separate authority or, if there are fewer participants, contracts for service. • How each would be governed. • How each would be impacted by any current or potential labor agreements. • How each would impact other municipal services. • The advantages and disadvantages each alternative approach. Matrix Consulting Group Page 15 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Task Result: The project team will develop analyses of the organizational alternative and review these with the project committee. Task 8 Develop Analyses of the Operating Costs for the Consolidated Police Service Alternative. We feel it is important to develop and evaluate the consolidated police agency alternatives at a level of detail sufficient for the communities to pursue the choice(s) with a level of confidence. As a result, we will structure and estimate the cost of consolidation as follows: Summarize the number of line staff required, by position type; evaluate part time staff availability and use options. • Develop plans of administrative, command, and support staffing necessary to support operations. • Once the consolidated organizational structures have been defined, estimate the competitive labor costs associated with the staffing plan. Base the analysis on the following: Prepare a likely compensation schedule, by position, for the staffing plan based on existing compensation in the three communities or in the region. Convert the staffing plans to estimated salary costs. — Estimate fringe benefit costs based on competitive local benefit packages. • Then, develop detailed operating expense budgets by cost component for the service delivery alternative. • Identify the 'indirect' costs associated with assuming a large new service such as law enforcement. This will include such costs as vehicles, technologies, facilities, and the provision of support services (e.g., HR, IT, etc.). • Alternative cost allocation approaches would be identified, costed and evaluated. • Project costs for ten (10) years and compare these costs to potential increases in contract services. Task Result: The results of the above would be pro -forma operating budgets for consolidated organizational approach. The results of these analyses of operating costs would be reviewed with the project committee. Matrix Consulting Group Page 16 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Task 9 Identify Start -Up and Capital Requirements. This work task will involve developing capital budget and transition strategies for police consolidation or shared service. This would include: • Determining the types and numbers of equipment needed. • Identifying facility issues for addressing facility needs — centralized or centralized with satellite facilities. • Identifying short, medium and longer term alternatives associated with such major functions as emergency communications and short term holding facilities. • How to transition service responsibility from independent agencies to new service agencies to ensure services are maintained, yet duplication minimized. • What interim operational steps could be taken to move from current approaches to any new service delivery model adopted. • The cost impacts of alternative shared facilities and equipment among sub - regional groups of agencies. • A detailed schedule for implementation. Task Result: The results of this task will be capital budget and transition plan for implementing public safety alternatives. Task 10 Provide the Results of the Consolidation Feasibility Analysis. With the completion of the previous tasks the project team will develop draft and final reports for the project committee and the communities to review. The final report will be comprised of the following: • A summary and comparison of current law enforcement services provided by the RCSO. • A summary of the community surveys. • A summary of the analysis of the feasibility of shared law enforcement services in a JPA or other shared services environment, including: Organizational and service needs Operating, capital and start up costs — Transition strategies Matrix Consulting Group Page 17 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Governance Cost allocation — The advantages and disadvantages of each approach Implementation strategies and timetables, including approaches for subsequent phases for this feasibility effort. We are prepared to present the final report to the public in an information work session to collective city councils and other officials. We would accommodate any interest in additional meetings for minor costs described in the cost section of this proposal. Task Result: The results of this task will be the final report and presentation(s) to the public. Matrix Consulting Group Page 18 4. PROJECT MILESTONES AND SCHEDULES CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 4. PROJECT MILESTONES AND SCHEDULE The table, below, graphically displays the tentative schedule to conduct the Police Services JPA Feasibility Study. The chart shows the sequencing of each proposed work task, the elapsed time it would take to complete each task. As can be seen from the chart, we are proposing that the study be completed in 20 weeks (five months). Law Enforcement Profiles Community Input Assumptions for Alternatives Salary Survey Alternative Resource Needs Alternative Organizations Alternative Costs Start-up Costs _ Final Report As described in the task plan earlier in this proposal there would be a deliverable associated with each project task. Matrix Consulting Group Page 19 5. CONSULTING TEAM CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 5. CONSULTANT TEAM This section of the proposal provides a comprehensive portrait of both the firm's and the project team's qualifications and experience. 1. INTRODUCTION TO THE MATRIX CONSULTING GROUP The Matrix Consulting Group was formed by senior consultants who created it in order to pursue a service in which the senior people actually do the work in a low overhead environment. Our only business focus is the provision of organization and management analytical services to local government. Our firm's history and composition are summarized below: • We were founded in 2002. However, the principals and senior staff of our firm have worked together in this and other consulting organizations as one team for between 10 and 30 years. • Our only market and service focus is management, staffing and operations analysis of local government. • While we provide a variety of services to local government our most significant service area is public safety. The Matrix Consulting Group project team has conducted studies of more than 300 police and sheriff's departments in California and throughout the United States. This experience includes both operational studies and alternative service delivery studies. • Our firm maintains offices in California (where we are incorporated domestically), Massachusetts, Illinois, Washington and Texas. We currently have 15 full-time and 5 part-time staff. • Our proposed project team would be led and largely staffed from our California Headquarters office. We are proud of our track record in providing analytical assistance to local governments in general, and to police departments specifically. This track record is bolstered by our rate of successful implementation, which exceeds 80% of recommendations made. 2. PERSONNEL The Matrix Consulting Group proposes to utilize a senior project team, including our President and other experienced personnel with direct law enforcement experience. The most senior members of the team have between 10 and 30 years of professional Matrix Consulting Group Page 20 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) experience as consultants and/or law enforcement professionals. The organization chart, which follows, depicts the project team: It should be reiterated that our team includes no subcontractors. All of our experienced team members are Matrix Consulting Group staff who have worked together regularly on law enforcement projects. Summary descriptions of each team member are provided below beginning with our proposed project manager, with more detailed resumes following these biographies: RICHARD BRADY is the President of the Matrix Consulting Group. He is the leader of our management studies and law enforcement analytical practices. He has been a consultant to local governments for over thirty years. During that period, he has specialized in the analysis of police services, having conducted studies involving over 250 law enforcement agencies. Mr. Brady has managed and/or significantly participated in every law enforcement study cited as experience in this proposal. Mr. Brady has conducted over 200 policing studies in California and in 38 other states across the country (a listing since 1990 can be found in the more detailed resume which follows this section of the proposal). His recent police contracting and feasibility studies include La Quinta and Laguna Hills as well as Patterson (CA) and Park Ridge, Montvale and Woodcliff Lake (NJ). Mr. Brady has a BA from California State University, Hayward; and a doctorate from Oxford University, U.K. Mr. Brady would function as project manager and primary contact for the City on this project but would include participation in every phase of the project. • BYRON PIPKIN is a Senior Manager with the Matrix Consulting Group. He has over 32 years of experience as a public safety officer through the rank of Deputy Chief in the Sunnyvale Department of Public Safety. Byron Pipkin has extensive Matrix Consulting Group Page 21 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) consulting experience which includes analysis of law enforcement operations for Sunnyvale's Department of Public Safety as a client project coordinator. His consulting experience also includes analysis of the police departments in Spokane (WA), Goodyear (AZ), Galt (CA), Gilroy (CA) and Omaha (NE), Onondaga County Sheriff's Office (NY) as well as Newburgh (NY) and Park Ridge, Montvale and Woodcliff Lake (NJ). He also worked on our police feasibility studies for Laguna Hills (CA) and three Boroughs in Bergen County (NJ). He also completed a study of the Winnipeg Police Service (Manitoba, Canada). Byron Pipkin is a graduate of the FBI National Academy; received California POST Management, Supervisory and Advanced certificates; and he received his BA from San Jose State University in their Justice Administration program. Byron would be the lead analyst in charge of evaluating the service feasibility. • JERRY HOOVER is a Senior Manager with the Matrix Consulting Group. He has a strong background in law enforcement, including having previously served as the Chief of Police in Reno, Nevada and in the City of St Joseph, Missouri. A demonstrated leader and nationally recognized expert in his field, with broad expertise in police training and operations consulting, Mr. Hoover is regularly chosen to lecture at Universities and conferences throughout the country and is an Assistant Professor, coordinating the Criminal Justice Program for Feather River College. He has also served as the Senior Police Advisor to the U.S. Department of State, and as a consultant to the Royal New Zealand Police. Among his many distinguished roles, Mr. Hoover has served as interim Police Commissioner to the United Nations in Sudan, and was recently Contingent Commander in support of police training in Afghanistan. He has worked with Matrix Consulting Group on recent police assignments in Portland (OR), Elko (NV) and Pacifica (CA). Jerry would be the lead analyst in charge of evaluating management and citizen service issues. • GREG MATHEWS — Mr. Mathews, a Senior Manager, has over 27 years of private sector and government experience, performing as both a senior management consultant and executive manager. He concluded his public sector career in 2005 as Deputy Director of Auditing for the Los Angeles City Controller's Office where he managed the day-to-day functions of the Performance Auditing, Follow-up, and Management Assessment sections in the Performance Audit Division for a city-wide elected official. He began his formal career with the Pasadena Police Department, supervising the Crime Analysis Unit and became a POST -certified Level 1 Reserve Police Officer. For fourteen years he has provided government consulting services to states, cities, counties, and special districts throughout the U.S., emphasizing public safety, public utilities and public works engagements that include, most recently, Goleta and Chula Vista (CA), Grand Rapids (MI), Springfield (MO) and Albuquerque (NM). He holds a B.A. degree from UC Davis and M.P.A. from the University of Southern California. Greg would be the lead analyst in charge of evaluating the financial feasibility. Matrix Consulting Group Page 22 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) IAN BRADY is a Consultant with the Matrix Consulting Group as part of our Management Services Division, and is based in our Mountain View office. Recently, Mr. Brady has worked on police management studies for Winnipeg (Canada), Hanford (CA), Berkeley (CA), Laguna Hills (CA), Huntington Beach (CA) and Arlington (WA). His experience also includes studies of the Rockingham County (NH) Department of Corrections and the Orange County (FL) Pretrial Release Program. Ian Brady was the lead analyst on our just completed beat redesign project for the Berkeley Police Department, including development of our firm's GIS and statistical analytical approaches for evaluating existing and alternative beat structures. Before joining the Matrix Consulting Group as a full-time consultant, Mr. Brady previously served as an intern for two years. He received his BA in Political Science from Willamette University in Salem, Oregon. Ian would assist with data analysis and would be responsible for the comparative and GIS analysis as well as general data support. More extensive resumes for the proposed project team are provided in the following pages. Matrix Consulting Group Page 23 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) RICHARD P. BRADY President, Matrix Consulting Group Project Manager 7_[�I:ZrIZ�I�PL7 Richard Brady is the Matrix Consulting Group's President. Mr. Brady has been a management consultant to local government for more than thirty years. Prior to joining the Matrix Consulting Group, he was the MAXIMUS national Vice President in charge of its local government consulting practice, and before that the managing partner of the California-based management consulting firm of Hughes, Heiss & Associates. Mr. Brady has conducted numerous studies of every local government function. However, the vast majority of his work is in the law enforcement, criminal justice and public safety areas. PROJECT EXPERIENCE The following points summarize Mr. Brady's project experience. «;r Ery Alabama Birmingham Alaska Anchorage Arizona Goodyear, Phoenix, Prescott Valley California Alameda County, Anaheim, Butte County, Chula Vista, Citrus Heights, Contra Costa County, Galt, Gilroy, Goleta, Glendale, Hayward, Kern County, Los Angeles, Los Angeles County, Los Gatos, Lynwood, Monrovia, Napa, Ontario, Orange County, Palmdale, Palo Alto, Pittsburg, Poway, Roseville, San Jose, Pasadena, San Bernardino, San Bernardino County, San Mateo County, San Rafael, Santa Ana, Santa Barbara County, Santa Monica, Sonoma County, Sunnyvale Colorado Aurora Connecticut Stamford Florida Alachua County, Coral Gables, Jacksonville, Jupiter, North Miami Beach, Orange County, Pasco County, Pinellas County, Port Richey and Venice Georgia Americus, Augusta -Richmond County, DeKalb County, Fulton County, Gainesville, Hall County, Chatham County. Illinois Lansing Louisiana Alexandria Massachusetts Beverly, Boston, Lawrence, Milford, Mansfield, Burlington, Pelham, Watertown, Wayland, Westwood, Whitman Matrix Consulting Group Page 24 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Michigan Alpena and Detroit Minnesota Anoka Count Missouri Des Peres and Ra more Nebraska Omaha Nevada Las Vegas Metropolitan Police Department, Elko, Sparks and Reno New Hampshire Portsmouth and Rockingham Count New York Albany, Carthage, Endicott, Newburgh, Vestal and Briarcliff Manor North Carolina Burke County and Durham Ohio Fairborn Oregon Portland, Clackamas County and Grants Pass Pennsylvania Mount Lebanon and York South Carolina Beaufort County, Charleston County, Hilton Head Island, Spartanburg County Tennessee Nashville -Davidson County and Knox County Texas Arlington, San Antonio, Terrell, EI Paso, Grand Prairie and Southlake Utah Salt Lake Cit Vermont Brattleboro and Montpelier Virginia Richmond, Leesburg, Suffolk and Loudoun Count Washington Arlington, Spokane, Kirkland and Snohomish County Wisconsin Sun Prairie, Milwaukee, Dane County Canada Winnipeg He is currently working to complete police studies in Hennepin County (MN), Redding (CA), Carlisle (PA), Cooper City (FL) and Columbia (MO). Law Enforcement Program Studies: Mr. Brady has performed a wide variety of studies of law enforcement programs and services. Selected studies have included the following: • Emergency Communications — over 75 studies of existing communications centers (e.g., Monterey County, CA) as well as consolidation alternatives (e.g., San Mateo County, CA). Matrix Consulting Group Page 25 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Personnel policies and procedures studies for Escondido (CA), Danville (VA) and Fluvanna County (VA). Secondary employment policy development for all San Mateo County (CA) police agencies and the Sheriff's Office. Support staffing needs for Beverly Hills and Santa Ana (CA). Regional Law Enforcement Feasibility Studies: Mr. Brady has been involved or managed several law enforcement regionalization studies. These have included the following: Police Services Feasibility Study for Laguna Hills and La Quinta — Mr. Brady developed a police services plan for these contracts with the Orange County and Riverside County Sheriff's Offices. Regionalization Opportunities in Training and Communications for the Boston Metropolitan Area. The Regionalization Commission chose members of this project team to work with over 110 agencies on public safety regional issues. Law Enforcement Consolidation Feasibility Study for Broome County, New York: all police Services have begun to consolidate all support functions (communications, records, information systems, training) as well as shift supervision as a first step to consolidation. Regional Law Enforcement Feasibility Study for San Bernardino County, California Contract Cities: Nine cities receive contracted law enforcement services from the San Bernardino County Sheriff's Office. Because the County changed its philosophy of contracting, costs increased dramatically. — Three Community Police Consolidation Feasibility Study — for Montvale, Woodcliff Lake and Park Ridge (NJ). EDUCATION BA, California State University, Hayward Ph.D., Oxford University, United Kingdom Matrix Consulting Group Page 26 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) BYRON K. PIPKIN Senior Manager, Matrix Consulting Group Project Analyst BACKGROUND Byron Pipkin brings a public safety manager's perspective to the project team. He has thirty-two years of experience in law enforcement and fire service, including fourteen years in management positions in the Sunnyvale Department of Public Safety (CA) — a fully integrated police and fire agency. During his career he managed every major law enforcement and administrative function, including patrol operations, investigations, narcotics/vice operations, internal affairs, records, recruiting and hiring, training, administration, school resource officers, traffic operations, crime prevention, emergency preparedness, the mobile field force, and the SWAT team. He is also currently an instructor for the California Peace Officer Standards and Training Executive Development Course, teaching a course on effective management of law enforcement organizations. Mr. Pipkin is a Senior Manager with the Matrix Consulting Group. PROJECT EXPERIENCE Mr. Pipkin has experience as a lead with the following public safety agencies. • Arlington, TX • Aurora, CO • Beverly Hills, CA • Birmingham, AL • Cotati, CA • DeKalb County, GA • Galt, CA • Gilroy, CA • Goodyear, AZ Grants Pass, OR • Gresham, OR • Newburgh, NY • Omaha, NE • Onondaga County, NY • Pacifica, CA • Phoenix, AZ • Portland, OR • San Antonio, TX • Spokane, WA • Springdale, AR • University of Missouri, Kansas City, MO • Vancouver, WA • Winnipeg, Manitoba (Canada) Matrix Consulting Group Page 27 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) He just completed a study of Internal Affairs in the Phoenix (AZ) Police Department. He completed a police consolidation studies for Laguna Hills (CA), La Quinta (CA) and the Boroughs of Park Ridge, Montvale and Woodcliff Lake (NJ). He is currently working with us to complete a police study in Carlisle (PA). MANAGEMENT ASSIGNMENTS Command of Sunnyvale DPS Special Operations Bureau, 2001-2005 Liaison with the FBI and the Joint Terrorism Task Force 2004-2005 Command of Police Field Operations Bureau, 2000-2001 Special Assistant to the Chief, 1999-2000 Fire Marshal, managed the Fire Prevention Bureau, 1997-1999 Command of Police Field Operations Bureau, 1994-1997 Community Services Bureau, Recruitment and Hiring, Training and Records, 1991-1994 EDUCATION Graduate of the FBI National Academy, Quantico, Virginia B.S. in Administration of Justice, California State University, San Jose PROFESSIONAL CERTIFICATES P.O.S.T. Management Certificate, 1993 P.O.S.T. Supervisory Certificate, 1986 California Community College Lifetime Teaching Credential, 1983 P.O.S.T. Advanced Certificate, 1980 Matrix Consulting Group Page 28 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) JERRY L. HOOVER Senior Manager, Matrix Consulting Group ;•1WTF91 Jerry Hoover is a Senior Manager with the Matrix Consulting Group. He has a strong background in law enforcement including having previously served as the Chief of Police in Reno, Nevada and in the City of St Joseph, Missouri. A demonstrated leader and national recognized expert in his field with broad expertise in police training and operations consulting, Mr. Hoover is regularly chosen to lecture at Universities and conferences throughout the country and is an Assistant Professor, coordinating the Criminal Justice Program for Feather River College. He has also served as the Senior Police Advisor to the U.S. Service of State, and as a consultant to the Royal New Zealand Police. Among his many distinguished rules, Mr. Hoover has served as interim Police Commissioner to the United Nations in Sudan, and was recently selected by Dyncorp International as the Principal Deputy Training Manager and Contingent Commander in support of police training in Afghanistan. EXPERIENCE IN POLICE SERVICES AND TRAINING Mr. Hoover has spent more than 35 years in police service and advisory roles, including the following selected capacities: • Coordinator, Administrative Justice Program, Feather River College, California • Principal Deputy Program Manager/Contingent Commander, Afghanistan • Senior Police Advisor, U.S. Service of State (D.C.) • International Police Transition Team Leader, U.S. Dept. of State, Iraq • Interim Police Commissioner, United Nations, Sudan • Police Reform and Restructuring Coordinator, United Nations, Sudan • Chief of Police, Reno Police Service, Nevada • Chief of Police, St. Joseph Police Service, Missouri • Commander, City of Boulder Police Department, Colorado • Lieutenant, City of Boulder Police Department, Colorado Mr. Hoover has taught more than 200 national seminars to law enforcement agencies in police training, ethics, community policing and problem solving. Areas of interest include Forensic anthropology, terrorism, government response to terrorist activities, new religious movements, adult -learning methodology, and policing in conflict -torn nations. Additionally, Mr. Hoover has authored a range of publications and training manuals and has received national recognition for his services, including such awards as the Champions of Industry Award, for Innovation in Government and the Community Oriented Policing Services (COPS) Award from the Service of Justice, for most innovative COPS funded project. Matrix Consulting Group Page 29 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) ADDITIONAL RELATED EXPERIENCE AND ACCOMPLISHMENTS • Consultant to Royal New Zealand Police, Wellington, N.Z. • Police Advisor to U.S. State Service, Kathmandu, Nepal. • Consultant to Sacramento Fusion Center — Training course for terrorism analysts • International Law Enforcement Academy in Botswana, Africa. Taught counter- terrorism class for FBI/FLETC. • National consultant to police and presenter at national conferences on topics of Community and Problem -Oriented Policing and Leadership. • Committee on Terrorism (2003-2006), International Association of Chiefs of Police (IACP). • Commission on Substance Abuse and Treatment (1997-99), Governor's appointee. • Chair, Committee on Community Policing (1996-97), Missouri Police Chief's Association. • University of Nevada: Adjunct lecturer, teaching courses in leadership and terrorism. • Nevada State College: Adjunct lecturer, teaching courses in public administration. • Pennsylvania State University: Instructor for national seminar program on leadership. • Sam Houston State University: Instructor for seminar on Community Policing. • Illinois Law Enforcement Training and Standards Board: Instructor for seminar in Executive Institute. ASSOCIATION AFFILIATIONS Mr. Hoover maintains memberships in the following associations: • Police Executive Research Forum • American Anthropological Association • International Association of Chiefs of Police • Society for Applied Anthropology EDUCATION AND TRAINING Mr. Hoover has a Master of Public Administration from Harvard University, John F. Kennedy School of Government. He received his Associates degree in Law Enforcement from Southwestern College, his BA in Anthropology from San Diego State University, and an MA in Anthropology from Colorado State University. Mr. Hoover also trained at the FBI Academy and the Law Enforcement Executive Training School. Matrix Consulting Group Page 30 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) GREG MATHEWS Senior Manager, Matrix Consulting Group BACKGROUND: Greg Mathews has over 27 years of private and public sector experience, performing as both a senior management consultant and executive manager. As Deputy Director of Auditing for the Los Angeles City Controller's Office, he managed the day-to-day functions of the Performance Auditing, Follow-up, and Management Assessment sections in the Performance Audit Division for this elected official. This work was preceded by seven years at the Orange County Sanitation District—the third largest wastewater organization west of the Mississippi— as Administrative Services Manager and part of the Executive Leadership Team. He began is public sector career at the Pasadena Police Department later moving to the Public Works' Parks Division. For nearly fourteen years he has provided public sector consulting services to states, cities, counties, and special districts throughout the U.S., and has completed comprehensive management studies encompassing over 120 operating departments. He has participated as project manager or lead consultant in over 80 consulting engagements, with emphasis in various public safety, public works, parks/recreation, public utilities and administrative fields. Agency -Wide Studies: Conducted studies of entire city and county organizations. Scopes of work included organizational structure and allocation of functions, management spans of control, service and staffing levels, operational requirements, information technology assessment, as well as policies and procedures review. Albuquerque (NM) Barstow (CA) Carlsbad (CA) Douglas (AZ) Goodyear (AZ) Hanford (CA) Matanuska-Susitna Borough (AK) Monroe County (MI) Rancho Mirage (CA) Roseville (CA) San Rafael (CA) Spokane (WA) Public Safety Studies: Conducted studies of dispatch, law enforcement, fire, and emergency medical response throughout the country to include feasibility studies, organizational and operational reviews, policy and procedure audit, staffing/scheduling practices, implementation of key performance metrics and use of information technology. Alameda County (CA) Aurora (CO) Beverly Hills (CA) Burbank (CA) Corvallis (OR) Chula Vista (CA) Dane County (WI) Eastpointe (MI) Milwaukee (WI) Mission Viejo (CA) Monterey County (CA) Montville (NJ) Omaha (NE) Orange County (CA) Orange County (FL) Placer County (CA) Matrix Consulting Group Page 31 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Glendale (CA) Goleta (CA) Glenn County (CA) Greene County (MO) Inglewood (CA) Jackson County (OR) Kenmore (WA) Laguna Beach (CA) Laguna Nigel (CA) Lake Forest (CA) Long Beach (CA) Los Angeles (CA) Medford (OR) Reno, Sparks and Washoe Co. (NV) Republic (MO) San Clemente (CA) San Juan Capistrano (CA) San Mateo County (CA) San Rafael (CA) Santa Monica (CA) Simi Valley (CA) South Pasadena (CA) Stamford (CT) Tacoma (WA) He is currently working with us to complete police studies in Hennepin County (MN), Sherwood (OR) and Redding (CA). EDUCATION: Mr. Mathews received his B.A. from UC Davis and M.P.A. degree from the University of Southern California. Matrix Consulting Group Page 32 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) IAN BRADY Senior Consultant, Matrix Consulting Group BACKGROUND Ian Brady is a Senior Consultant with the Matrix Consulting Group as part of our Management Services Division, and is based in our Mountain View (CA) office. He began with the firm as an intern, but now has 4 years of consulting experience. He specializes in public safety and is dedicated to providing analytical support for all of our police, fire, emergency communications and criminal just system studies. Mr. Brady also developed the firm's GIS analytical tools for analyzing field service workloads and service levels, beat design and efficiency, and alternatives to deployment and scheduling of resources. EXPERIENCE IN POLICE STUDIES Mr. Brady has experience conducting law enforcement management, staffing and operations studies, including recently for the following clients: • Arlington, Washington • Berkeley, California • Birmingham, Alabama • DeKalb County, Georgia • Hanford, California • Hayward, California • Laguna Hills, California • Orange County, Florida • Patterson, California • Portland, Oregon • Raleigh, North Carolina • Suffolk, Virginia • Winnipeg (Manitoba) He is currently working with us to complete police studies in Hennepin County (MN), Cooper City (FL), Columbia (MO) and Redding (CA). EDUCATION Mr. Brady received his BA in Political Science from Willamette University in Oregon. Matrix Consulting Group Page 33 6. CONSULTING REFERENCES CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 6. CONSULTANT REFERENCES In this section of the proposal is provided a summary of the police study experience of the firm together with reference information. 1. POLICE STUDIES CONDUCTED The Matrix Consulting Group has extensive experience conducting police services analyses of all types. These assignments have included management studies, staffing studies, feasibility studies and master plan studies such as this one. We have worked extensively with law enforcement agencies of all sizes and diverse operating environments and communities — in all, over 300 departments. A list of our police management, staffing and operations study experience in the past 10 years is provided below (with projects in California bolded): Albany, New York Goodyear, Arizona Perrysburg, Ohio Albuquerque, New Mexico Greenfield, California Phoenix, Arizona Americus, Georgia Gresham, Oregon Pittsburg, California Arlington, Texas Hanford, California Portland, Oregon Arlington, Washington Hayward, California Richmond, Virginia Asheville, North Carolina Jacksonville, Florida Ridgewood, New Jersey Aurora, Colorado Kenmore, Washington Rio Rancho, New Mexico Bayonne, New Jersey Lansing, Illinois Rohnert Park, California Berkeley, California Lawrence Twp., New Jersey Roseville, California Beverly Hills, California Las Vegas Metro, Nevada San Antonio, Texas Birmingham, Alabama Lowell, Massachusetts Seaside, California Brattleboro, Vermont Manchester, New Hampshire Southlake, Texas Chula Vista, California Mansfield Massachusetts Spokane, Washington Clearwater, Florida Milford Massachusetts Springdale, Arkansas Coral Gables, Florida Milwaukee, Wisconsin St. Petersburg, Florida Corvallis, Oregon Monrovia, California Suffolk, Virginia Cotati, California Montville, New Jersey Suisun, California Des Moines, Washington Mt, Lebanon, Pennsylvania Sunnyvale, California Des Peres, Missouri Napa, California Tacoma, Washington Elko, Nevada Newburgh, New York Vancouver, Washington Englewood Cliffs, New Jersey Onondaga County, New York Venice, Florida Fort Morgan, Colorado Omaha, Nebraska Vernon, California Franklin Twp., New Jersey Ontario, California Watertown, Massachusetts Galt, California Pacifica, California Winnipeg, Manitoba (Canada) Gilroy, California Peachtree City, Georgia York, Pennsylvania In addition, we are presently completing other police department studies throughout the U.S. including Redding (CA), Carlisle (PA) and Columbia (MO). The firm and this proposed project team has extensive prior experience conducting new agency feasibility studies and evaluations of contracting for law enforcement services. The following table provides a summary of the feasibility and related studies conducted by the firm. Matrix Consulting Group Page 34 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Kenmore, WA La Quinta, CA Lynwood, CA Laguna Hills, CA Palmdale, CA Patterson, CA Pinellas County, FL Broome County, NY Citrus Heights, CA College Park, MD Cupertino, CA Danville/Lafayette/Orinda, CA Goleta, CA Hilton Head Island, SC CA Lauderdale Lakes, FL Augusta / Richmond County, GA Bergen County, NJ Boston Area Agencies, MA Broome County, NY Carthage/West Carthage, NY Endicott/Vestal, NY Hall County / Gainesville, GA High Desert Cities, CA We also are completing a police and fire contract service evaluation for Cooper City, Florida. REFERENCES We are providing in this section of the proposal, references for selected analytical projects that have been performed by the firm in the past 10 years. The RFP asks for comprehensive reference information for all project conducted for California agencies in the past 10 years. However, as the previous section demonstrates this is a list too long for purposes of a proposal in addition to the fact that many referees move on to other jobs or retire. The references provided projects include law enforcement feasibility studies as well as police management studies. Matrix Consulting Group Page 35 -77777 Laguna Hills, Laguna Hills had received law enforcement Don White California services from the Orange County Sheriff's Assistant City Manager Department since incorporation in the early Police Services Study 1990's. In spite of demonstrated high service 949-707-2610 levels and support from the community problems 2013 surfaced — costs had escalated during the last recession as personnel costs, especially pension $50,000 costs, rose faster than inflation; assigned deputies were out of the City a large amount of time, often on lower priority responses; and the service lost a level of proactivity that is critical. Key recommendations included changing policies to restrict out of City responses, additional compensation from neighboring Laguna Woods for the provision of all late night services, and sharing the cost of the Administrative Sergeant with another contract city (savings of $122,000). Matrix Consulting Group Page 35 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) Matrix Consulting Group Page 36 yX La Quinta, California Based in extensive public input and support to Chris Escobedo the process this project evaluated the contract for Assistant to the City Police Services Study service from the Riverside County Sheriff's Manager Office. Principal recommendations included — 2014 modify the contract to allow the Chief the 760-777-7010 discretion to allow patrol staffing levels to fall $50,000 below the contracted level up to 15%; the City should work with the Sheriff's Office and management from gated communities to evaluate the options available to facilitate quick entry of police officers; Expand the regular duty hours of the Traffic Unit to provide coverage from 0600 — 1900 or 2000 hours on weekdays but increase their productivity, ieduce the number of daily Patrol Officer hours from 150 daily to 140 hours daily; this results in an annual savings — estimated at $581,965 in FY 2015-16. Danville, Lafayette and This study provided analysis of a wide range of Joseph Calabrigo Orinda, California alternatives for these three Contra Costa County Town Manager communities, including improvements in the exist Town of Danville Law Enforcement sheriff's office contract, contracting with a Services Alternative different external service provider — Walnut Creek 925-314-3302 Study or San Ramon, consolidation and contracting opportunities in various grouping of these three 2008 communities and a fourth in one alternative (Moraga). The project team's financial analysis $50,000 supported one of the consolidation alternatives. The communities, however, have elected to pursue improvements in the existing sheriff's office contracts. Chula Vista, California In this two -phased study the project team Ed Chew recommended a redeployment of patrol (now) Information Management and resources to better match field workloads and Technology Services Staffing Study of the proactive enforcement objectives, a beat Director Police Department redesign, implementation of a differential police response system, and ultimately an increase to 619-691-5031 2010-13 the size of the patrol force because of its inability to come close to appropriate response time and $90,000 proactivity targets. We have just completed the Phase 2 study which examined non -field functions. In this portion of the project we recommended re -funding several key internal support functions which were eliminated during the last recession relating to training and administrative support, we also recommended conversion of report transcriptionists to quality control and completely implement field reporting. Matrix Consulting Group Page 36 CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) While it occurred a number of years ago, two members of our proposed team worked with 9 contract cities in San Bernardino County to evaluate individual and collective alternatives to the Sheriff's Office. Matrix Consulting Group Page 37 Berkeley, California In this study the Matrix Consulting Group Lt. David Frankel developed a patrol redistricting plan for the Project Coordinator Beat Structure Project Berkeley Department. While the study developed extensive analytics which evaluated calls for 510-981-5792 2014 service, major crime, total workloads and other beat design issues, the project would not have $44,000 successfully transitioned the Department from a 30 year old 18 beat structure to a more workable 14 beat one which allows for the deployment of a flex team without the active involvement of line patrol personnel, management and the community (including a citizen survey and 7'town hall' meetings). The team created detailed maps of beat alternatives. Raleigh, North In this just completed study the Matrix Consulting Sergeant Goodwin Carolina Group developed a plan to redesign an old beat Research and Planning structure now for this 450,000+ city and plan for a Beat Redesign Project growing city to be 800,000 within the next 20 919-996-1062 years. The beat inequities were great in this old 2015 beat structure, some beats had workloads 75% over and under the average. Suggestions to $55,000 reassemble beats within Districts were also made. The project team also made several recommendations regarding shift management — clarifying the roles of watch commanders, district captains, shift lieutenants and sergeants. The structure and roles of community policing units was also addressed. These recommendations are being implemented by the Department. Portland, Oregon In this project Matrix worked with the outgoing Captain John Scruggs and new Chief of Police and command staff to Portland Police Police Department develop a plan for the Police Department which Department Staffing Study addressed the needs of an effective community policing organization in an environment in which 503-793-8995 2014 organizational culture transformation needed to be supported. The study resulted in $145,000 redeployment of patrol staff, additional school resources officers, the reorganization of organized crime investigations and the development of a performance management system which supported managers while better informing the Mayor and Commission as well as the public. While it occurred a number of years ago, two members of our proposed team worked with 9 contract cities in San Bernardino County to evaluate individual and collective alternatives to the Sheriff's Office. Matrix Consulting Group Page 37 7. ADDENDA CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 7. ADDENDA In spite of the fact that a bidders' conference was held, which a representative of our firm attended, no addenda were issued. Matrix Consulting Group Page 38 8. SAMPLE WORK PRODUCTS CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) 8. SAMPLE WORK PRODUCT We are proud to provide, under separate cover, our recently completed contract evaluation study conducted for La Quinta, California (in Riverside County). This project is also provided as a project reference. Matrix Consulting Group Page 39 9. FEE PROPOSAL CITY OF SAN JACINTO, CALIFORNIA Proposal to Conduct a Police Services JPA Feasibility Study (RFP 2015-019) ' ' each The Matrix Consulting Group proposes to conduct the Crime Trend and Service Study project for a fixed price of $195,000. The detailed calculations of our pricing structure are provided below. We typically contract on a fixed price basis with monthly billings representing our progress on the project. We are, however, open to other approaches for payment. Matrix Consulting Group Page 40 1. Project Initiation 40 40 0 80 $15,000 2. Service Profiles 40 80 40 160 $27,000 3. Community Input 8 0 16 24 $3,600 4. Assumptions 40 40 0 80 $15,000 5. Compensation Survey 8 8 40 56 $8,000 6. Resource Needs 40 120 40 200 $34,000 7. Organizations 40 40 0 80 $15,000 8. Alternative Costs 40 40 40 120 $20,000 9. Start-up Costs 40 40 40 120 $20,000 10. Report 40 80 40 160 $27,000 Total Staff Hours 336 488 256 1080 Hourly Billing Rates $200 $175 $125 Professional Staff Time Cost $67,200 $85,400 $32,000 $184,600 Travel -Related Cost $10,400 TOTAL COST $195,000 We typically contract on a fixed price basis with monthly billings representing our progress on the project. We are, however, open to other approaches for payment. Matrix Consulting Group Page 40 RFP 2015-019 - Police Services JPA Feasibility Study CITY OF SAN JACINTO POLICE SERVICES STUDY The fee information is relevant to a determination of whether the fee is fair and reasonable in light of the services to be provided. This fee proposal shall include the proposed costs to provide the services desired. TASK FEASIBILITY DESCRIPTION STUDY PARTNERS) OF POLICE srRVICIFS MANAGER(S) SUPERVISORY STAFF ADDITIONAL STAFF OTHER TOTAL HOURLY RATE $ $ $ $ $ N/A I. Meetings No. of Hours Cost by Area 48 40 16 104 $ $ $ $ $ $18,600 II. Review of Existing Operations and Management Including Field Tours No. of Hours Cost by Area 40 80 40 160 $ $ $ $ $ $27,000 III. Establish Organization Structure No. of Hours Cost by Area 120 200 40 360 $ $ $ $ $ $ 64,000 IV. Salaries and Benefits Survey No. of Hours Cost by Area 8 8 40 56 $ $ $ $ $ $ 8,000 V. Develop infrastructure/equipment cost estimate and financing plan No. of Hours Cost by Area 80 80 80 240 $ $ $ $ $ $ 40,000 VI. Prepare Final Draft JPA No. of Hours Cost by Area 20 60 40 120 $ 5 $ $ $ $ 20,000 VII. Prepare Final JPA No, of Hours Cost by Area 20 20 40 $ $ $ $ $ $7,000 TOTAL No. of Hours Total Cost 336 448 256 1080 $ 67,200 $ 85,400 $ $ 32,000 5 $184,606 All inclusive lump sum fee for performing the entire feasibility study described within the Scope of Work, to include travel, per diem, and any other associated costs: $195,000 Please include the cost for additional on-site meetings (if necessary), inclusive of travel costs and assume a two (2) hour meeting: 1,000 per meeting Page 16 of 19 Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 11) City of Lake Elsinore Text File File Number: ID# 16-083 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 2/18/2016 CITY UP00 LAKE LSINOP E �� Dkennn E1trFtrnn[„ REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: Recommendations Approve and authorize the City Manager to execute Amendment No. 4 to the Agreement for Professional Services with HR Green California, Inc. for land use engineering and CIP staff support, in the not to exceed amount of $300,000, in substantially the form attached and in such final form as approved by the City Attorney. 2. Authorize the additional appropriation as outlined in the Fiscal Impact section of this report. Background HR Green (HRG) was contracted on April 8, 2015 to service the City with delivery of capital projects. The firm also provided support staff for City Engineer and Public Works Director, the subject of Amendment No. 1. Amendment No. 2 added plan checking services as well as the services of a Land Use Engineer to assist in expediting land use engineering, plan checking, review of reports, entitlements, and attendance at developer meetings. Amendment No. 3 provided services to augment staff time and resources, including Interim Public Works Director and the City Engineer, and project delivery of the City CIP as well as recent developer deposits for processing entitlements for the Castle & Cooke Tract Map No. 35000/AVSP and related project studies. Up to 64 hours each month are expended on land use issues and costs are paid through developer deposits. Discussion Amendment No. 4, which addresses time spent on staff augmentation and project delivery of the City CIP as well as recent developer deposits for the Amendment No. 4 to Professional Services Agreement HR Green, California, Inc February 23, 2016 Page 2 continued processing entitlements for the Castle & Cooke and related project studies. It is proposed to continue with the Interim Public Works Director and the City Engineer until permanent replacement is hired. The $76 million FY 2016 — 2020 Capital Improvement Plan is in full swing, with over 40 projects currently in the planning, design, or construction phases. Numerous regional projects are under construction or will begin construction in the next two months and rehabilitation of Gunnerson Avenue is scheduled to begin in the coming months as well. Furthermore, HRG has completed several phases of design work for slurry seal and road pavement rehab projects, which are moving forward into the construction phase. Due to the considerable number of funded projects, the City must contract with private firms to manage and aggressively complete the work. HRG is under contract and have done a commendable job in moving project work forward. The recommended action is to carryout additional plan check, developer entitlements, and CIP management. The land development project expenditures will be paid through collection of fees and deposits. The CIP is paid by various funding sources including developer impact fees, sales tax through Measure A, Gas Tax, and bond proceeds. The City is actively recruiting and looking to fill open staff positions. This includes the City Engineer and the Principal Engineer positions. As the City fills recruitments and hires additional staff, the need for consultants will be reduced. Fiscal Impact This amendment provides an additional $300,000 for: • CIP Projects $63,000 • CRS Deposit Accounts $75,000 • Gas Tax $50,000 • General Fund — City Engineer $112,000 Prepared by: Jason Simpson Director of Administrative Services Approved by: Grant Yates City Manager Attachments: Professional Services Agreement (PSA) — Amendment No. 4 Original PSA and Amendments No. 1, 2 and 3 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND HR GREEN CALIFORNIA, INC. AND PROJECT SERVICES This AMENDMENT NO. 4 is made and entered into as of February 23, 2016 by and between the City of Lake Elsinore, a municipal corporation ("City") and HR GREEN CALIFORNIA, INC. ("Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: RECITALS A. On April 8, 2015 the City and Consultant entered into that certain agreement entitled "City of Lake Elsinore for Professional Services" (the "Original Agreement') for professional engineering staffing services in an amount not to exceed $30,000. B. On April 28, 2015, the City and Consultant entered into that certain Amendment No. 1 for Engineering and Project Services increasing the maximum compensation to $150,000. C. On June 23, 2015, the City and Consultant entered into that certain Amendment No. 2 for Engineering and Project Services amending the Scope of Services to include engineering services in connection with the processing of land development applications and providing for compensation for such additional services in an amount not to exceed $242,080. D. On September 22, 2015, the City and Consultant entered into that certain Amendment No. 3 for Engineering and Project Services amending the Scope of Services to include augmentation of staff time and resources and project delivery of the City CIP as well developer deposits for processing entitlements for the Castle & Cooke Tract Map No. 35000/AVSP and related project studies and continuation of services as Interim Public Works Director and the City Engineer until permanent replacement is hired and providing for compensation for such additional services in an amount not to exceed $225,000. E. The parties now desire to enter into Amendment No. 4 to increase the payment for services by allocating an additional $300,000. 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: The compensation to be paid to the Consultant shall be in accordance with the fees set forth in Exhibit A. Total compensation for Consultant services shall be increased by Three Hundred Thousand and No Cents ($300,000) for this Amendment No. 4. 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: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney "CONSULTANT" HR GREEN CALIFORNIA, INC. George A. Wentz, Vice President EXHIBIT A CONSULTANT'S PROPOSAL See Original Proposal Professional Engineering Services for Delivery of Capital Projects and plan reviews. Staffing hours payable on an hourly basis up to but not exceeding $300,000. City Engineer $165 hourly Project Manager $185 hourly Special Projects Advisor $170 hourly ATTACHMENT A AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES HR GREEN CALIFORNIA, INC. Engineering and Project Services This Amendment No. 3 to Agreement for Professional Services ("Amendment No. 3") is made and entered into as of September 22, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City), and HR Green California, Inc., a California corporation ("Consultant"). RECITALS A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of April 8, 2015 (the "Original Agreement"). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement. B. The Original Agreement provided for compensation to Consultant in an amount of Thirty Thousand dollars ($30,000). C. Amendment No. 1 to the Original Agreement provided for compensation to Consultant in an amount of One Hundred Twenty Thousand dollars ($120,000), for a total contract amount of One Hundred Fifty Thousand dollars ($150,000). D. Amendment No. 2 to the Original Agreement provided for compensation to Consultant in an amount of Two Hundred Forty Two Thousand Eighty dollars ($242,080), for a total contract amount of Three Hundred Ninety Two Thousand dollars ($392,080). E. The parties now desire to increase the payment for such services as set forth in this Amendment No 3. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows: 1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following: Consultant shall also perform the services as set forth in the Additional Scope of Services, Exhibit A-2 attached to this Amendment No. 3. Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-2, subject to the direction of the City through its staff that it may provide from time to time. 2. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows: Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A to the Original Agreement) and Consultant's June 10, 2015 Proposal (Exhibit A-1 to Amendment No. 2). In no event shall Consultant's compensation related to Exhibit A to the Original Agreement and Amendment No. 1 exceed One Hundred Fifty Thousand dollars ($150,000) without additional written authorization from the City. In no event shall Consultant's compensation related to Exhibit A-1 to the Amendment No. 2 exceed Two Hundred Forty Two Thousand Eighty dollars ($242,080) without additional written authorization from the City. In no event shall Consultant's compensation related to Exhibit A-2 to Amendment No. 3 exceed Two Hundred Twenty Five Thousand dollars ($225,000) without additional written authorization from the City. In no event shall Consultant's total compensation exceed Six Hundred Seventeen Thousand Eighty dollars ($617,080) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal, Consultant's June 10, 2015 Proposal and/or the Additional Scope of Services to the contrary, out-of-pocket expenses shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. [Signature on next page] IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager Date: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSULTANT' HR Green California, Inc., a California corporation George A. Wentz, P.E., Vice President Attachments: Exhibit A-2 — Additional Scope of Services Exhibit B-1 — Original Agreement with Amendment Nos. 1 and 2 9 EXHIBIT A-2 ADDITIONAL SCOPE OF SERVICE [TO BE ATTACHED] EXHIBIT A-2 EXHIBIT B-1 ORIGINAL AGREEMENT WITH AMENDMENT NOS. 1 AND 2 [ATTACHED] EXHIBIT B EXHIBIT B-1 AMENDMENT NO. 2 T0AGREEMENT FOR PROFESSIONAL SERVICES FIR GREEN, CALIFORNIA, INC. Engineering and Project Services This Amendment No. 2toAgreement for Professional Services ("AmendmeniNo. 2")io made, and entered into as of June 23. 2015 by and between the City of Lake Buioo/e, a novnioipa|ooryuration<"0itv>.00dHAG"oen`Ca|ifonoia.|no.`aoorpnu4ion("Contx|(ovi"). A. The City and Consultant have entered into that certain Aooe*nnerk for P/ofoouiona|Services dated uxofApril 0.2015(the "Original Agnoennord"). Exoep|xnoU)onw|^$ defined he|oin, all cnpKa|iaed terms uoed herein shall have the meanings u°| fokh for such k*rooxinthe Original Agreement. B. flie Original Agreement provided forcornpensation to ConSUltant in an arnOUrit Df] hilly Thvusunddollars ($3O.V0o). C. Amendment No. 1 to the (}hUin»| Agreement provided for tnropcntadmn to Consultant in on amount of One Hundred Twenty Thousand dollars (3120.088). h,/ a ioi3| contract *mvu"tofOne Hundred Fifty Thousand dollars ($150.00O) D. The parties now desire to modify the scope of service,,, and increase the paynie.nt for such set vices uoset forth inthis Amendment No1 NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth net ein.City and Consultant agree atfollows: 1 Section 1, Scope of Services, of the Original Agreement is heteby amended to add dlofollowing: Consultant shall also perform the services described inConsultant's June 10. 2015 Proposal (attached k`this Amendment No. 2 a Gxhibi|/\1) ConsuU^rk shall provide Stich aorviop^ at the dn^o, p|aoe, and in the nnavnerspecified inExhibit A'1.subject iothe direction ofthe City through its staff that itmay provide from Urootutime. 3, Section 3, Compensation, ofthe Original Agreement inhereby amended toread it) its enthety as follows- Coo)pmooat|ooto be paid to Consultant shall be in ,Accordance with the. fees set forth inConsultants' Proposal (Exhibit A(nthe (}riginai /\0naonnont) and Conxu|twnys� ]un* 10. 2015 Proposal A-1 to Amendment No. l).|vnoevent Shall Conou|ianYaoompanoudm)m|atod to Exhibit to the Original kxonexoont and Amendment No. 1 exceed One Hundred Fi8yThousand doUum($15V,000)mithouiadditional */iOon In no event shall Consultant's compensation related to Exhibit A-1 to the Amendment No. 2 exceed Two Hundred Forty Two Thousand Eighty dollars ($2.42,080) without additional written authorization from the City. In no event shall Consultant's total compensation exceed Three Hundred Ninety Two Thousand Eighty dollars ($392,080) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary and/or Consultant's June 10, 2015 Proposal to the contrary, out-of-pocket expenses set forth in Exhibit A and Exhibit A-1, respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, raven if such defects were known to the City at the time of payment. 4. Except for the changes specifically set forth herein, all other terms and conditions of fire Original Agreement shall remain in full force end effect. IN WITNhSS WHERE.OF', the paities have caused this Amendment No. 2 to be executed on the respective dates set forth below. "CITY" CITY OF LAKE EL.SINORE', a municipal corporation Grant Y t17, City Manager Date__.1/I//..._ "CONSUL.T'ANT" FIR Careen, California, Inc., a corporation George A. Wenfr, .E.,, ice President r Atfa0mients: Exhibit. A -'I — Consult,ant's June 10, 2015 Proposal Exhibit H -- Amen0nu3nt NoA xhibif C -- Originral Agreellrom EXHIBIT A-1 CONSULTANT'S JUNE 10, 2015 PROPOSAL [ATTACHED] EXHIBIT A-1 HRGreen June 10, 2015 Mr. Grant Yates City Manager City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Subject: Proposal to Provide Land Development Engineering Services Dear Mr. Yates, HR Green is pleased to provide the Services of an experienced professionally licensed Civil Engineer to provide engineering support to the City of Lake Elsinore's fast growing land development activities. HR Green is proposing to provide the services of Roy F. Stephenson, PE for two days a week of engineering support to the Community Development Director in the processing of Land Development applications. Mr. Stephenson is senior level engineer at our firm and brings more than 40 years of experience in processing both large and small commercial, residential, and mix use developments. He has also met with Grant Taylor and Richard MacHott of the City and is available to start immediately. In addition to Mr. Stephenson's services we propose to provide electronic plan review of land development maps, grading, and street improvement plans. This paperless solution results in both time saved in transmitting of plans and the related cost of paper and reproduction services. HR Green currently provides similar services to the County of Orange's Rancho Mission Viejo 22,000 Acre Master Planned Community as well as other agencies. Mr. Stephenson's hourly billing rate for the services proposed is $185/hour. We anticipate a need for approximately 64 hours per month. However, he would be available for additional time should it become necessary based on workload. The cost of electronic map and plan check is 75% of City deposit base fee We appreciate the opportunity to serve the City. 1100 Town & Country Road, Suite 1025, Orange, CA 92868 Phone: 855.900.HRGC (4742) E -Mail: rstephenson@hrgreen.conn 107:IIIIie�il EXHIBIT B AMENDMENT NO. 1 [ATTACHED] EXHIBIT B EXHIBIT B-1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY 00 LAKE EL.SINORE ARID HR GREEN CALIFORNIA, INC. ENGINEERING AND PROJECT SERVICES AMENDMENT NO. 3 is made and entered into as of April 28, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City") and I -IR GREI_N CALIFORNIA, INC.. ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree. as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On April 8, 2015, the City and Consultant entered into that certain agreement entitled "Agreement for Professional Services" (the "Original Agreement"). 2. �c jc n C tr i2 „of the Agreement is hereby amended to read as follows: The compensation to the agreement shall be increased by One Hundred Twenty thousand, and No Cents ($120,000). The total compensation will equal One Hundred Fifty Thousand, and No Cents ($150,000). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first: written above. "CITY„ CITY OF LAKE: Fal_.SINORL_, a municipal corporation l f GranfrYates, City Manager t.. "CONSULTANT" 11R GREEN CALIFORNIA, INC. s r George A. Wt nth Vice Pt o ident ___ EXHIBIT A CONSULTANT'S PROPOSAL See Original Proposal Professional Engineering Services for Delivery of Capital Projects and plan reviews. Staffing 11OU'S payable on an hourly bnSiS Up to but not exceeding $150,000. City Engincer $165 hourly Project Manager $160 hourly Special Projects Advisor $1 M hourly EXHIBIT B-1 EXHIBIT C ORIGINAL AGREEMENT [ATTACHED] EXHIBIT C EXHIBIT B-1 AGREEMENT FOR PROFESSIONAL SERVICES BEIFVVEEN THE CITY OF LAKE EL.SINORE AND HCR GREEN CALIFORNIA, INC. this Agreement for Professional Services One "Agreement") is made and entered into as of April 8, 2015, by and between the City of Lake: hlsinore, a municipal corporation ("City') and 1IR Green California, Inc. ('Consultant'). RECI'T'ALS A. The City has determined that A requ ms the following lxotessional services: professional engineering staffing services. 13. Consultant has submitted to City a proposal, attached hereto ns fixhibit A (`Consultants Proposal') and incorporated heroin, to piovido professional services to City pursuant to the tonins of this Agreement. C. Consultant possesses the skill, expo tionco, ability, background, ccidiication anci knowlodgc to perform the services described in tl'ns Agreement ora the terms and conditions desciil,md herein. D� City desires to retain Consultant to perforin the services as, provided herein and Consultant desires to provide such professional services as set fortPa in thus Agreement_ AGREEMENT Scope_ of, Services. Consultant shall pertorm the services described in Con>ultants Proposal (Exhibit A). consultant shall provide such services at the time place:, and Ili the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to lime. 2. ime_or`_ Peiforn>artcE. a. "rime of_Eswenc , Mime is of the essence in the potion -lance of this Agie-ement. The time for completion of the professional services to be p(Wormed by Ccnasulinrd is an essential condition of this Agreement. Cerlsrlltant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreoment according to the agreed upon performance schedule In Consultant's Proposal (I_xhibit A). b. Peifanea e _Schedule. Consultant, shrill noI'll ill erice the, services pursuant in this Agreement upan receipt of a written notice to proceed and shall paihorm all sc nne,es within the tine periods) established In the; Consultants Propos al (I`_xhihit A). When ro, itmmed by (;onsultant, extensions to the time period(s) sponified may lie approved in writing byihe; City lijimmger. G, 1 of m. ............ The term of this Agreoiment shall conmence upran execi.:tion or his Aganuemt and shall continuo until the services and iolatcd woik an.., cornplebod iia vx:nnkmcc vvilh (he Con tih:uies Proposal (I-.xhibit A), Ilk rt Page, 1 3. Corn?ensaiion. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. M no event shall Consultant's compensation exceed TI -I TY MOUSAND DOS_LMIS §30,000) without additional written authorization from the City. Notwithstanding any provision of C,onsultant's PraposM to the contrary, out-of-pocket expenses set forth In Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Mc;thod of Paynfgnt. Contractor shall promptly submit billings to tlae City describing the services and related work porformed during the preceding month to the extent that such sowNs and related work were porfonaaed. Contractor's bills shall he segregated by project Task, it applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the eivioes peifourad the date the services were performed, the number of hour, spent and by whom, and a description of any reimbursable expenditures. City shall [)try Contractor no later than fortyfive(45) days after receipt of the monthly invoice by City staff. 5. 3ust��n5rnrr or Tormua.rtron. a. 1 he City ;nay at airy time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant rat least ten (ie,) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agmerment„ unless the notice provides othorwisG It the City suspends or te'minates a portion of this Agreement such Buspension or termination shall not make void of- invalidate rinvalidate tile, lernainder of this Agreennent. b, In the event. this Agreement is terminated pursuant to this Men, the City shall pay to Coi'i&Ultant the actual value; of the work performed up to the time of termination, provided Und the work porfouned is of value to tile; City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled 'Method of Payment" hen'ein. 6. QWncar_har—ot__Docurnents,. All plans, studies, documents and other writings prepared by and for C,onsu ltant ris officers, emplopses and agents and subcontractors in the course of implementing this Agreement, except working notepad Internal c4ocuments, shall become the property of the Giiy upon payment to Consultant tot, such work, and the City shall have the sole right to use such msatenals ire its discretion without further cninponsation to Consultant or to any other pally. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City cadmowlodges that any use of such m0mials in a manner beyond the intended purpose as set folth herein shall be at tyre soko risk of thea Uy. pity further agrees to defend, indemnity and hold harmless Consult<rnt, its officers, otfrrirla, aijunts, employees zand volunteers from any claims, demands, scions, loss<s, dwntipc s, injuries, and liability, direct or indirect (including any surd all costs and expenses in conrnactron Wont), arising out of the City's use, of such m aterials in a rnanner beyond the ifflunded puiposc as set forth herein. a. I I;i�usrng o. Intellnctual Property. Phis Acjrcement creates a non,xclusivo and fail teal lic(sl'-w torr Cily to uopy, rise, modify, rause, or sublicollse any .and sdl copyright, d signs and (Ahor urn-Ilacirr.rl pullowty embodied In Malan_, .pecific,,atton;, studies, dr ravnag,>, ' ,urua;.a, tsnd otln=;r nor tunmils r" winks of rilmloiship fixed in rally tangil,de medium 1 Vigo Of expression, including but not H rtited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. C011SWtant represents and warrants that Consultant has the legal right to license any and all DOLlrrmel'1iS & Data. Consultant makes no such representation and warranty in regard to Docunments & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any tirne, provided that any such use not within the purposes intended by this Agmmnmit shall be at City's sole risk. b. Coni Jenti_al,All ideas, memorandfa, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, writton infonnation, and other Docunments & Data either created by or provided to Consultant in connection with the perfonnance of this Agrcamcnt shall be hold confidclitial by Consultant Guch 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 Agmenont. Nor shall such materials be disclosed to any person or entity not connected with To performance Of the services under this Agreement. Nothing furnished to Consultant which is othewise known to Cansultant or is generally known, orhas become known, to the related industry shall be deorrod confidential. Consultant shall not use CHy's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to titn Consultant's services under this Agreement in any magazine, trade papa, newspaper, television or WHO production or other similar medium without the prior written consent of City. 7, Consultant's_(3cul<s_and 2ccor s. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents ovidencing or relating to charges for advices, or expenditures and dishursoments chanted 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 M this Agreement. la. Cansultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum poriod of three (3) years, or for any longe period required by law, from the date of termination or completion of this Agreement_ C. Any records or documents w(juired to be maintained I).n'Mant to this Agreement shall be made available for inspection or audit, at any tonne during regular business hour;, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents skull he provided to the City for Inspection at City Flail when it is practical to do so. CatImmiso, unless an alternative is mutually -agreed upon, tine records shall be available. at Gon:ultant's Mass indicated for receipt of notices on this Agreement. d. Whom {,try has roason to holiovc that such records or dmurm,rds may be lost or discarded due to dissolution, disbandment e` termination of consult' -11W,; bu rnr-ss, City nay, by Wnitoll rrqucst by any of the above named Ortuena, mgW0 thmi custody of the rocubs, be given t+a the City and that the records and docurnunes be rvr intamod in City Hall Arcoss to such records armd doe urtier'rts shall bo granted to any party authnrizod by r;onsultr nt, COtl uitaili's r<In'esentatves, or Gonsuliram'�; it] 11tcrosf. PMP! 8. htdr_pcnderat (-emir z.ioi. It is understood that Consultant, in the performance of the work and solvices agreed to be performed, shall act as and be an indepomdent contractor and shall not act as an agent or employee of the City. 9. �; , t..,6grl flity_Indeinniiica4ian. in ilio event trial Consultant or any entploye;o, agenf, a sAmAraclor of Consultant providing services under this Agreemml caairns or is deterrimed by a court of wriltm tent jurisdiction or il,CalifOrnia Public @kmployees iretirement systom (PGRS) to be eligible for enrollment in PERS as an (nnployoe of the City, Consrdfant shall irrdernnify, defend, and hold harmless City for the payment of any employer.* santllbr employer contributions for PERS benefits ort behalf of Consultant or its employees, agenls, or subcontractors, as Well as tar tit(,' payment of any penalties and interest on such contrib.dioos, which would otheiv ise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Consultant and any of its employees, agents, and subcordradors providing service under this Agreement shall not duality for or become entitled to, and hereby agree to waive any claims to, any co 1porlsation, benefit, or' any incident of employment by City, irrr.lrrding but not limund to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be, paid by City for employer contribution and/or employee contributions for 1'I`hS honest -its. 10. Interest w_f_ Ccn ultant. Consultant (including principals ,.lstlociatos and purfcsstion;al employer ;) covenants and represents than it does not now haves area investment or Want in real property and shall not acquire any interest, direct or indirect, in the arena cavoled by this; Agree°Ment or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder_ Consultant father covenants and represents that in the portbnnance of its duties iwreundor no person having any such interest shall perform any services under this Agreement. Consultant is not ,a designated employeo within the meaning of the Political Rofonn Act becauso Consulttant; a. will conduct research and arrive at conclusions with respect to his/her rendition of usonpation, advice, recommendation or cowed Independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and It possesses no authority with respect to any City d chion beyond rendition of into nation, advice: iccooln endation or counsel. (FPF'C Reg. 18700(x)(2).) 1. ofes.ional Atailrfy,ot Cgn.,ulfiifi. City has relied upon the professional trainlnft and ability of Consuliram to perforin the Services hereunder as a material iwducement to ranter into this ArpeojnmA. Consultant shall therefore provide properly skilled professional and technical perscnuael to peri`ornr all services under this Agreement. All work jwdorroed by Consultant rnutr;r this Agrommonf shall he in accordance with applicable legal requirements and shall meet the; startrl'ard of duality ordinarily to be expected of cxomp;tent pram signals in corimitruwS field or cxpradise, 12. vri7,plt fieri: with I rna�;a. Consultant Shrill u,o the sttandr_ard of cme in its frotef. sion to nongaly cddh fill arpplimlblc; x dural, state and local law;, coee9, ordinances cent rr:=grrlations. INge /I 13. i...icenses. Consultant represents rand warrants to City that It has the licenses, ponanits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultard 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 tittles during the terra of this Agreement, any licenses permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. 14. indemnify. Consultant shall indewi y, defend, and hold harmless the City and Us officinals, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of tiny personal injury, bodily injuiy, loss of life, or damage to propeity, or any viokition of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in pain, by the, willful misconduct tar negligent acts or omissions of Consultant or its employees, .subcontractors, or agents, by acts For which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consrdtant shall not apply when (1) the injury, loss of life, damage to properly, 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 at:tions of Consultant or its employees, subcontractor, or agents trave contributed in no part to the injuty, loss of life, damage to property, or violation of law. If is undmatood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Suction 27711 of the California Civil Code, Acceptance by City of insurance, certificates and endorsements required under this Agreement does not relieve Consultant front liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or clairns for damages whether or not such insurance policies PLO have been detennined to apply. By execution of this Agree pmA Consultant acknowledges and agrees to the provisions of dais Section and that it is a material element of consideration. 7.5. Ii�suratice Idoquirc merits. a. Insui Consultant, at Consultant's own cost and expense, shall proein and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance; policies. L Wontors Compcn,ation_ Covet;le, Consultant shall maintain Workers' Compensa#ion Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the ;tato of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance vvUh the. Taws 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. Re insurer hail agree to waive all rights of subrogation against City, its ofdccrs, agents, employees and volunteers for losses arising from work performed by Consultant for City. in the event that GoiSUltant is exempt from Worker's Cornponsation insurance and 1-01110yer's !Anbiity Insurance for hislher enapioyc:es in accordance with the law, of the State of California, tAnsuhant shall suhnait to the City a Getifu ite of Exemption finny Winkers Compr,nsation Insurance in a Toren approved by the City Attorney. uL caenci<N Iirapriity C,ovei iqr,_. Gon:ultani shall maintain commercial caemeial liahilfry or;uaa uw in an antourt nor les than one million duk , ($1100,000) peer INNO O f occurrence for bodily injury, personal injury and property damage- K a cmMumial general liability instu,ance form or other form with a gonoral aggregate limit is used, either the general aggregate limit shall apply separate=ly to the work to be perfomnad gander this Agreement or the generml aggregate limit shall be at least twice Me required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commorcial General Liability oceun'oncc: form CG 0001 (ed. 11MB) or Insurance: services Office" tone number GL 0002 (od. 1113) covering comprehensive General 1jability and Insurance Services Office form nurnhor GI. 0404 covering Broad Form Comprehensive General liability. No ondorsornoni may be attached limiting the coverage. iii.Autornolailtl_-.Lianllity_...Cn(!P9 , (,'0HSnitdrt shall maintain automobile liability insurance covering bodily injury and properly damage for all activities of the Consultant noting out of or in cmaection with tile walk to be perfiormed under this Agreement, Including coverage for owned, hired and non-owned Metes, es, in an amount of not less than one million dollars ($1,00Q000) cornbined single linnit for each occurrence. Autornobile liability coverage must be at lonst as broad as Insurance Services Office Automobile liability form CA 0001 (0d 12/90) Code 1 ("carry auto"). IVo cndmeme;:nt may be attached limiting the coverage. to F'rotc sronpl- ..l anility C:overlge. Consultant shall maintain prafe visional errors and omissions liability insurance appropriate for Consultant's profession for protection against claims alleging negligent wets, errors or omissions which may arise from Consultant's services under this Agoomnalt, whether such services rare provided by the Consultant or by its ompkjoes, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars (S1a00§00) on a claims-orado !,,lapygl aggregate basis, or a combinmd single limit per raccurrence basis. b. ndorsenretlts. Each general liability ;anal automobile liability insurance policy small be with insurers possessing a Bests 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, employce"", Agents and volunteers are to be covered as additional insured with respect to liability an, out of work performed by or on Wharf of the Consultant, including materials, parts or equipment famished in connection with such wrxk of operutions- ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, offucais, employers;, aguIllis and volunteers. Any insurance maintained by the City, including any cls rnSIAW'd intention Me, City may ham, shall be considered excess insurance: only and shall not contriNdo with it, iii. Hills, insuraru o shall act for each insmod and additional inWured as though a separate policy had been wriften for each, e xeepf with respect to the limits of livability of the insuring company. v- I ho insurer waives all rights or swrrogafrou nlrliwA the City, its leciud or appointed ofime rs, oi'ficltals. employees s or agents, logo ti V. Any failure to comply with iepoiling provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volurYtcers. vi. Thos insurance provided by this policy shall not be suspended, voided, caracoled, or reduced in coverage or in limits except after thirty (30) days written notice has been roeeived by the City, C, flcduefibirsand Self 111SUre�d Retentions, Any deductibles or self-insured retentions must be declarod to and approved by the City, At the City's option, Consultant shall demonstrate financital capability for payment of such deductibles or selfwinsured rote3ntions. if, (citdie Ates of Insur ancp,. Consultant shall provide certificates of insurance with original ondoisonletits to City es evidence of the insurance, coverage required herein. Cerlificatr.xs of such insurance shall be filed with the City on a' before comtrrencean'aent of performance of this Agreement. Current certification of insurmce shrill be Kept on file with the City at all times during the term of this Agreement. 16, Ngtices. Any notice required to be given under this Agreement shall be in writing and either served polsonally or sent prepaid, first class mail, Any such notice siaaI1 Ice addto,sod to the other party at this address sod forth below, Notice shall be doemed conmauMCCIted within 48 hours flava the fime 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 Athl: City 130 South Main Street I_.ako Elsinore, CA 92630 If to Consultant: NR Groan California, Inc. Atin: George A. Wentz 1100 Town & Country Road, Suite 1025 Orange, CA 92868 11. Goomo A. Went/. I oi-ie_Agn entefit. This Agreement consfihltes the complete ane! e>xelusive statement. of Agreement between the City and Consultant. All prior written end oral communicrations, including Cot[espondence, drafts, memotanda, and represerdaiions, are sriperseded in total by tills Agresemenf. 18, Amnndmcnts. this Agto,utent may be modified or amended only by a wnttan document exocutod by both Consultant «and City and approved aS to form by the* City Attorney. 1J, A:it_rvpun t and aubconlrieging,. The, parties recognize that a rr.IhstcantTal induc„anent to City for onterinq into this Agwoment is the profa,as(onal reptliatioo, exporioiaco eand cetrnlWt(Al e; ut Cowt ulsrsnt and fpr,= srtiu,vntracfnrs Itsted In h'xhiljit 13 Colmllfrant shall w I'tigca 7 fully responsible to City for all ants or omissions of airy subcontractors. Assignments of zany or all rights, duties or obligations of the Consultant under this Agreenaenf will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except ;:as provided in WON ON B without the written authorization of the City. If City conserds to such subconhact, 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 srdacontractor nor shall it create any obligation on the part of the. City to pay or to see to tyre payment of any monies due to any such subcontractor Other than as irther'wise is regrrirecl by law. 20. 1Naiv_e.r. Waiver of a breach or default under this Agreement shall not constitute I continuing waiver of a subsequent breach of the same or any other I,ar dshn under this Agreement. 21 sayoraility, If any term or portion of this Agreement is hold to be invalid, illegal, or otherwise unenforceable by a caun; of competent jurisdiction, the rorrldning provisions of this Agreement shall continue in full force and effect. 22. Con#rgllinq L aiwVe uue. This Agroo nand and all m aiteas relating to it shall be governed by the laws of the .`>tdte of Califonla and any action Naught relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. t rtrggtion I xtaen:,es and Attorneys'_ Forts. If either party to this Agreement commences any logal 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 afforneys' fees. 24. Mediation. Ile parities agree to make a good faith attempt to resolve any disputes arising out of this Agreement through rnedi<ation prior to commencing litigation. The parties shall mutually agree upon the mediator rand Share the costs of In0diation equally. if the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or ifs suce..essor M interest. JAMS shall provide to Irarties with the names of five qualified mediators. Lach party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator rornandi g shall herr rhe dispute:_ If tho disputo remains unresolved after mediation, either party may commence litigation. 25. I xecuilion. This Agroement may he r xeouted 0 seworal counterparts, each of which shall constitute one acrd fhc same rnstritimmH and shall bwcorne binding upon the parties when at least erre ropy hereof shall brave hooll signod by both parties herefo. In approving this Agreerr mA it sh.;rll not Ile nocesSary to produce or account for more than one such counterpart. 2B. Authorityto Inter Agrre_rngrif.ef-Consultuu has all rraquisite power and ,utiaority to conduct its business and to oxa.cute dvor, and perforin rhe: Acreoment f_:adi party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreenrent rind to bind each ;pective party. The City Managerr is authorized to enter into an amendment or othe lwise take :action on beln if of the (Aty to make the following modifications to the Agreement: (ra) a name, change (h) gnarl xtensions of time; (c) lion - rngnefary chrnrges in the, scope or swacton roUn (cf) 5wqwnd or ren'ni mIn Mn AgracmmR. 7 11fohibit d micro ts. (ImmulUnd mainfailm and walwints that if has not employed not retained any company m person, odhol, thr-m a i ell a iide esmployon kuorkinq solely for toot 6 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, coranission, percentage, brokerage f'eu, gift or other consideration contingent upon or resulting ironl the award or making of this Agrnernent. For breach or violation of this warranty, Ciiy 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 terra of his or her service with City, shall have any direct interest in We Agreement, or obtain any p msent or anticipated material benefit arising therefrom. 28. l.rpralOpporiunity ,Cmployment. Consultant iepresents that it is an equal opportunity employer and it shall not discm—ninate against any subcontractor, arnf,loyee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex m age. Such noiAiscrinnination shall include, but not be limited to, all activities lalated to Initial employment, upgrading, demotion, transfer, recruitment or mcnritment advertising, layoff or terniination. 29. Pr<vailgnq. Wates. Gonsultanf is aware of the requirernrnt s of California Labor Go& Sedan 172.0, at seq., and 1770, at seq., as well as California Code of Regulations, 11110 8, Section 16000, at seq., ('Prevailing Wade t._awsj, which require the payment of prevailing wage rates and the porformanec of other requirements on °public works" and "ma¢ntenarrce prole cts. COnSURant agrees to fully cornply with all applicable federal and ;tate-, labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by life parties that, in connection with the Work or Services provided pursuant to this Agreement, Consul ant shall bear all risks of payment or non-payment of prevailing wages under California l,rrw, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, Dee and harmless from any claim or liability arising out of any failure ar alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall sruvive termination of this Agreement. 30, L:xocution. This Agreement may be executed A several counterpads, 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 patties heroto. In approving this Agreement, it shall not be necessary to produce or account for morc, than ono such counterpan, IN VVI`I"NF56 VVI -IFI EOF, the panics have caused this Agreen,iont to he executed on the date first Nfritten above. 'CITY" CH OF LAKE I_LSINORF-, a municipal corporation Grant Yate City Manage) idly �ilBtic� � � � "CONSULTANT" I IN Green California, Inc, r' Vice* President Afachments: Lxhibli A - Qonsultant's FWposal POMC 10 05-01-2015 HR Green California, Inc. Officer -Director Listing and Business Ownership Name Title Steven R. Heyer President Douglas Tholo Vice President Director Michellei3yard Treasurer George A. Wentz Secretary - Vice President: Gerald Kneeland Vice President Richard L. White Vice President:—Director David Moermond Vice President— Director Jason Poppen Vice President— Director James loving Vice President James Rasmussen Vice President ownership Green Companies, Inc, Parent company— 100% ownership EXHIBIT CONSULTANTS PROPOSAL [ATTACHED] .. .. WA/ O RkAl I -AA IVlarch 26, M15 IVIG Grant Yates City Manager City of Lake 1Isinore 130 South Main Shout We Flsinorm CA 9n30 Subject:: Proposal, Professional Engineering Staffing Services, K Delivery of Capital Improvement Projects Dear Mr. Yates i ki, j; ..: moil", , o .- is pleased to submit this proposal for staffing and suppoi I: services to provide for file delivery of Capital Projeas and as needed staff augmeneaCiora. We are uniquedy quaalified for this ,assignment: for the following reasons: a y -I M Green has a hang history of succesmil wot long relationships and has worked on m any r apical intprovelnem and development projraus. Our t<�am ha, worked io nur=t day to rlay and I edy ral demands M City bMoneet Ing, depal lm is WNW SOWImn' Calltornia. — We have provid ed a unique team of profr sdonals ifi t inrluele rrsplshn'cd r ngiutarars, arhn7ntsitaUal s, public work director., certified wai.erqualwyrwpr^r1% and support staff. Whilonaostofille 3SC) I IW Green staff mernbers Ilave worked with municipal clients, marry of ofIr ',Uaff has aIso worked directly for a government entity, which [gives us if unique porspeclive on how we should provide servir cs to our public sector clients. the experience and expetIise o#this tcavn will be (I ideal to addwssinl; Lhe irnmecliat:e drelivc°ry requirements of the CIP. We Nave secured and/el grant funding for capital ptojecis. Ovet ihai past 10 yeaars IIR Green has secru-ed over $)00 mullion in grant funding, i'or chs municipal eluants_ Flaving the knowledge and success with funding will Po Qion i Mw Elsinore in maxlnwing is wwmuo source to implement a smxesstffl and oxpedited CIP plan. We have ptovidetI an Integt7te(I Planning approach tot yoaII (of lsalrIiIdol and provide you with optinxnut flexibility. I IaviIIf, condtI teal an initial review and evil luafolI of your operations we have; a good undcrstanditrg of the 5upparC that would best: mectyour irnnudeate� needy aad lite available fo you -_ at: your discretion. we understand your specific need to provide the immediaio snag( support yore I equit(� and f) addrass the CII' plrannint; foryour $SO tavllion PV 14(15 pragtarn and projr�<a dralivasty sitttr,rsy got ;Freels, pavanuanC, sidewalk and othor. Wo propose to help with the delhaery of pi jems 10 maxinum the utillr.etion of your' available bond funds. Ifwill service you well anus help you meet raw broarka vi skrn, goals and oNvi tives .. coni ,i;ent Willi the exper rattans of e lected model s. We lhiank you lot the OPPOlItHINY to submit illis ploposal and JoOk lolwald to i,fahinmiwenking withthe City of I Akef-Isinow. Sincerely, Vim Pivy6mi 11007nwn i;• t ounerq Rmm, Soho 0,milt CA 9)lib 714 SY{2275 ;row"w (&)11,Ilwon.com City of Lake; Elsinore Cover Lette , Table of Consents Firm OverWeuf and (b4dffications............................................................................... 1 FirmProf ilc>.............................. ........ ............... ............................. ...,....._..............,.. 1 ProkyAF>;pedonce......... ........_....................................................................... 7 [fur Approach to Dreliww0t; Capital Isrojects................................................................7 Scope of Work.,._..,. ........ ___ ....... ...... 9.:t Re s u m to c................................................................................................................... 2'3 FeeSchedule ............................................................................................................ Pfd Gty, of 1 eke f i inore - Mr, ., :4r, In business for more than ,700 year ca., t (HR Woo lot NO ranks as one of Eng rtma ng Neim5 fiocoid's Top 300 Design and lop 100 Covau action Management, Finns in thea UniIod States. 'I Ile I irm has Ioui;hly 3.55 employees and IS oifi IN d rouohcn i.he UW rl States, W Iuding a Sow Own California office=. NR Green has mahArthr od CAIMWu a aPO M ons since 2001 and in 2012 established a sr par aie C;alifonai..r corpaiate entiq�, I IR t;reren t',rliFonaia, bac, Frorn a Public VJorks(h.ngineering standpoint, our&ta nornbers Mdude iogistejod ollf"i If eors, coI Iificd Ware_I qualify I and accessibility (CAS p) ,pecialisis. HR Green :staff members have played of Ivey role in the revolution and gl owtlr of r,sondes thro(-Uliotn SOUCI')or[I California. CodeIntcrpiofadons Building Plan Review Organizational Ravi{ew Building Inspection Chief Building Official Permit and Counter Sfaffin[; CASA Assessment and Consulting Public Inducation and Outreach SmuTraining Standards and Procedures Drwelopnurnl. _. Departmental Management Interim Amt Support Slaff Augmentation I Shand Services Organlza kmml Reviews J Analysis Fee and Rate Reviews :IP Funding and Administration Alternatavr ,etweDelivery Regulatory Compliant ce Qowdi and Impact Analysis Civil and Ii,anst,x>rtni.ion fngineoarinu Grant: writing and Adndnis0ation Slot nwatof Quality Management (ioographic Infonnation System , Operations�Rgainteiane<t Man<t;�tineni. l nntlement _ C3radNg Uraintigo, NPDGS ( wavar Quality Compliance HD/ I lydronlodifio adott Sewer InvcsI,w;,l ions 01muts Auimn, tcd I rack y System Staff Augn it eta tion Cost Recovery At Corl';wIl aahility Review Construction Adarinisli anon Inspection 411alilyA Yrrance(( tua I ity%d?nt.I0I Claims IvianafSals,111 komdmi I nI,incorint; i )mmloj ", W'pf sentatiive Situ Man2iPgineni: City of Like Elsinore i; z; v W 3 I lornorategic planning through delivery to a UWMSM4 project, we Now ou"MINWOOMY Was a full ,mijui of intor,,ialed services that arida ss their needs, no matter how hir, or small. A conutisome of our exp ot I ise is the le plovisiol I of on-call professional enoneerinrservices to 50t, California aj,vncirts. Out, firm ontl staff is noted throughout Southern California for our ability to surr(ossfuHy btdkl consonow, among a variety of Imilulic agency, regulatory, pel n litting, and community ity oakel Ioldelsa and I oversee I I ut MMUMAd delivery projects. 0 ', v biAbov "0 Yranpw ShIce being founded in 1913 AR G""l No Imigrunintaineda strong and vibrant financial condition. Last yeal"', re venue exceeded $55 million. Our turn continues to [Inve a strong, balary eshe"l, is Well cripitaked, and is Very Well positioned to Moll all of Its obliptions. Mut to mA ;%ga2aiw, financial (liw4hut an Mutt slutel remains strong and healthy. We have no conditions that would impedo on ability tocolupleteyoul assignments. Below Is a teprt'sollmlikv No of agolon our staff nrembers; Piave starved over the year MK with the hfoadill of Nelvices provided. City QP Floc rami IWauagement - — -- - ------ --- — Civil Plan I Map "k Civil auc/ol 114H, "ow,hudi'm iSorur.n;ttcr Quality vIuu';)tt'fll)f'ul C'm I b 0 Ai rl City QP Floc rami IWauagement - — -- - ------ --- — Civil Plan I Map "k Civil auc/ol 114H, "ow,hudi'm iSorur.n;ttcr Quality vIuu';)tt'fll)f'ul C'm I b 0 City of Lake [Adnore 1 i 11 A , Jn 3 1 n CRI,f Of JUMpol VA 10�f Dates 20711.—Ongoing Ongoing Nonage only Cidifooli't (Ay to provide'100% of its nuildicipoki services Hunuoi Ahmiwhve Anwe Ludivay providers/ S"ni-wil coast cost efficient Selvicepercilpita Builkliilg Of ficia I an Revieov (Budding, and Civil) Inspection (Building and Civil) POrinit Counter.,dipporl: watel Onality A 11dies Code Compliance NPDES ConitTance halfic Enor-LeMnig Como WHO MaImigormh WAMAWONKNI Civil Engineering/ / Desigll Grant Funding DepattrnentalManage'uuenk CIPAkfininkli-oflion 'uhlic \Nkul"; Wilflerlouuce value e Engineering G N Transition oulmhon Nonage only Cidifooli't (Ay to provide'100% of its nuildicipoki services Hunuoi Ahmiwhve Anwe Ludivay providers/ S"ni-wil coast cost efficient Selvicepercilpita Ann! 2011 My imAnpomim f H provides full (lQparhnvntal nanagenuml and on sjiv Staffing for Building & Safity, Public Works, and Engineering ux�rdinated iransitirnl of ;--III sclwe ws from Courtly to City Budget, Ankhslol perm fitnot"for Plan r oview; n al fic stt diox; kit ility Cent dimidw q eqwAsti dowhinnal WWjne,,1pi otocols; o0vlQw Of Wal -01 QualitY Roil dR; P Mdmu''(w Iel if CAIS it) IpI ('Inonlidilon; pot null ing al ILI inspections Demppawwout (didbildadful p] ojed.5 cidlywide Cool ill na i (' 1) 1 ojed inip I owe loom so service delivery, '111 (1 ffla i I If P od I ICO with 11 ILI It I PIQ SIX'6, I I (fl',l I I dt 100% Cori I [d I, 111 C(' pi ovid I I lg pe 1hilt: in s pectiol is wit I I I 1124 1 lo I it's 10011 six Coss idle Mewing Pon "Vow tinnarotux! Sdwdwe BEFORE Assign an engineering Ilemb of lot (III sHc stAf to dolivor VIP and hund devolopoeill proj('O" Bmlgei'ddudfiu igrand Indn'If"o willion CIP pogintic value ongineoluu, and poinflUillf" for od1, df,lit idge, woltel, wastewater, out pwk my6s; plan review; Udifu"Aildwo;; utility COO'dindlion; w;lablish dovelopment review of Mutel W Quality Mand;"ilrneni Plan,;; 616 111plellu'lut'10011; poinditing out(] oila . .... . .... . MeWped Load WIldmi"IMM&I 1011 ndul LWOW(' NPLIF �M I " M Ill epdl o j�eanl ;Ipplikidil lot have latuluod I million ill feder'll Ind oddii, fdlufing to ddie LOSji{oj, iHqWChOn Of $2 111111011 111 polvonwili (di'dbiliddi,ion pioloo k "kYwid(e Cootdindie proy!IA impAoVonwid'., service dolkwiy' and ncukdowjiwo Will) Innlopiko 1)('( idl distid" .100%, ju ovidall windi VAilun M hours City of Lake Usinore I i � Iii`. ; Wd f it 4101 100% success rate meeting 1.5%10/5 phn review on mumurd schedule Reduced overall operational costs by approximately 35% Costa in penrdt processingand inspection fees to appin.ants due it) shorter turnaround Limes and lowercosts estimated 20 35% reduction I ess time, taken in responding to i e sideni inrauiros and in In ixxssuag euw4'Inf;Aiterrt applications Sicat�finglevel flexibilityi:o rightshe cpticldy for dynamically changing needs and prioriPies Increased developnrant activity J Processed 2,000+- new insidentral units past: year City of Pl aceaaath Dates: 2011 -Ongoing „+` wwm provides as,needed city/civil en;numring, project management, and city engineering Project mailagenuant for y1.6 million fv7eUt:>hnl siaiion and five railroad grade Separation projeci'.s (award-winning OC of Projects) valued at over$400 million Oversees CIP design; and provides plan chwd by sMwWcaiion review, and construction oversight Represents the Chy to assure t:h it these pl ojuds comply with City standards and guidelines Extensive collaboration with Orange CountyTran sporfuation Authority, multiple cii�ies, utilities, and Ovate i agencies to iacilitate permits,ind improvements Ovuww$65 million in mroctrehabiiitatlon Ilopiovemaats citywide through gas tax funding Ovinsees pavement rehabilitation design and consrun,hon, including the $400,000 Richfield Road widol mjn over the OCTD C annul J CRY ofLAO E neuro Illi >]', is i Combining erlgincering expo Iise with inpsarallrfed strength in int .III cipal plaraainl=, and funding, we assist our leu:ral I;overnrnent clients in implementing suer_essFul pri*cts and developing effective Capital Improvement I'lit ns (CIPS). I lie CII' process aids a coni rruniP.y in making sound annual budge! decista s, this providing she ability to stabilize debt: and (onsolidate prgjeras to lectice honowin costs. By utilizing ar woR docr.unetdad cmP a cornme.rniiy can focus ora preserving their inf iMl I wlore while ensuring the efficient rise of puhIic funds. HR c,rcen helps nuilicipalities Laepcile foLIHI (IP process by providing; many communrtie s with sr (vices sur h as providing bidgot nunabot< fol capilal plojects, helping staff identify and plool Rizer projects, and thiel assistinf, Chem with tlicingfunclitig wurc.es for those projects. The. CII' prar_ess r�nsurus YlaaY. various prodects retied'. Lbe cornnunaity's >hortand Ionf;terna goals and ol+icctives while plsmmilil for it successfal implernenq:ation and fruadnag strait l,y. I IR (Awn haralps municipalillt s g0hot and analyze Bala I.hrat is two Osney to erasur0 that projPOS bc, looked at coller_tivoly, as opposed to individually, to detcrmine illoirvalue'to rhe community. 1-111 Green typically reviews the conaninnity's nitre asst t i stich as roads, bridle >, sanitary sewer sy,leros, wotrrmahis dlstributlon, wastesoatc.rtreatmrtnf, plants, lilt stations and mnniripal biilcdirtgs and grounds as well as vehicle%flewt rn,auateraancim In example, for iwam such gas roads, HR green Lias hhllxsi communities by foviewing the condition of all roads and then rating and ranking then! amat % Yo n wit condkion. This hello the mru dimilitks cle wdop a plan for fang -term repair and rOplar arnerri.. 'I w Capital Irnproveuncnt Plan includes oppor (unities for inuurdraie deln�ery of projects. In delivering the projects, it is aaapmtali to idenniy (hat this plan includes Che nhding of projects whir h .arc related both to the m,lintrtranm <nul replacement oP wxlshng assets as v✓ell as - tbw ovafuatlot] aaad iotrodno 011 of new projects, services anel faciliticio hral:rle to respond to the lacer asnag needs -. of a growing; nd diverse population. This balance is not - onPy desir'abla hit more nnpol cantly, n cessery it I oke 1101orc is Yo main and expluu9 upon the quality of lifer - whu.h I.he r ��suiena; enjoy. Ultimartrly, (lac: behei`it of Yhh CI" iv not rru°,holes! in the number of projerfs or dollars r>:panded In anysingle year, but rather is n ensued au-nilativcly in achivishv; the. long r imnf,c goads of the a rnmwaity. t oinwrxxly, the r, Ilse one of the hrucfii:s of h xen„ it CIP. It allow"; f -tar the annual e•v,rluaiaoil, In int id/ aiior, andSchad lnlillg of prajex is via it iruforrn, consistent,'Ind objective Isror <�ss. 7 f t City of Lake 1 lsinore 6 t , r 1 „ ). t� .3 Some of the ferritin^; of take FIslnoie' s CII' include_ A well-docummria d "spreadsheet" 7i f trig I:he Capital projects 1w project inking in order of prefer°once/priority The plan for financing the projcds A gime labii for the conMi beton or completion of 010 projects luaNation for the projects FXplan ation of expenses for the projects (iiuiding future commruiity growth and development Encouragint; more efficient government and transparency Capital Improvement RlarniNg (CIP) i. a helpful process that olecied officials, administrators and c1q)artment Ir mars use to pt io0lize physical improvement protects and facility needs in tliair uNri muntics for both shm t n ange {iylcicellyfive in on Wows) and long-term planning up to 20 or more yoms. Essentially, the plan pron?n if Zink between they various carmeunity depatUnerres and the local I;overnnient entity. CIP also proviCic . assurancr that the improvc�oienis are consistent wiia'i tha community's short-range and long4c rni I,oals. H can be a ed as a valuable tool to prioritiza and plan for Capital improvement prop!c is for Ithy a il isseP:S including but: not limited to roads sanitary sewer and w ltl'r iia ln9, ,id ewa1k';, storm >ewei s, vchid0,, cryuiprnot It, public buildings, parks, and water anal waste w,riortre.atnient plana;. Maany times, the CIP prioritization processcall be somewhat averwhelming Por community leaders. Learning from c xperierir_ed CIP planners, and other communities, tnay eliminnie common mistakes with t his pincers. Bolow are some DO's and DONA to conAdy while undertaking; your CIP process. -_ ..5, Many leaders like the impact of bit?, roadway reconsCruclioiprojects, since these are awnetrmcsnecessarytoreduca,congestionand irnpiovc;traffic flow as well as spur econoinu development. I lowever, reconstruction Inay be one of the least cost effective improvement sh its „its. 1 -or example, crack settling and raejuvenation can buy a fewyaars of se•.i vu e life at "'10,000 per mile, milling; and r-esinfacfn„r typically buys J0 years of service life at $200;000 icer mile, aurl a reconstruction buys approAmff; ly 20 year; ofservice Ida at $2 million per mile The hest. kntp iron approach may be pion Hwo mainWn.mcv Also; if building a now asset, include projected malnk mance and operation expenses for funuo years' projections to enuju' the plain considers the cosi to Inaintain the long-ter'in ability of they commrnuty to maintain the asset. r . Contaderwhcilret a wart system uiterc.mmal for emorgency wlilily can also fai diiate routine system repairs anal i nano erima e Al.o, ,harm tr.at,o of major vollirlr pni chaso s of joint itdr ❑.irucarv, i mpi ovemcnt prnl;rauis that hrlh to gam tic, hwi % of economy of scale for hidding con be imve-,igoted Ii t s not lu"ci Your csainrrnu my t hal k decub, a CII': (here at i uuuer raus opl un tc.in UM in interec t math nein;hhorin„ cninuuinities of ;tender, fly, H117U, ( alunim VUR('O(;, Ito ( &w( 1), R( I C) to i vi pi aiecis r�r nnnplished ai: a k,wrr cost I o all pay i is ipants. City of Lake v1shwal I 11Mtel_ f I d I A KI q0 A iq 1 this may increaseyour pin,babillty ofsone ing proWd-Unuhm syoutlining; a near realistic I ruplonlet Wition schedule. Not all projects can be phased, but he sum to consider lAphasing K a is all option, phasing pleas can have= a pondiNo effect on the selection Inocms by applying a I cNislic balance of resource nook over a cleaned period of bron. Consider ruljlt work. �li! wan !'_. ,' Se - ,, 1 "k -U, V"l'O h',l ' r, , WASM - M vj 0 - , 7 Advinistraol s and Wand officials who are mindful of the irnparivaticr of usbg Vast, strategic plans to determine when, where and how I osoul ce allocation should be targeted, Typically want TO see c0ollediOnS between funding H2(jlIVsIS for capital projects and the comprehensive plan and Martagic needs. n, ,1:" !�'� , :ni-- , Don't lust ask to[ projects and 11)0110y. Figure out how the payed: can be financed as wet This MMY I con Mignificontly incl easc, Oa priority of a specific project. WmBNSho more significant We porclor-Mv A Skis spurred through QXtel Ill1l sOWRMS (such as grants), We more MY 0 P (#dAMW he wKWA You will he much Wine Successful 111 w4svpi-opods approved if you I aIso Tackle the ft I I I IF i I lj; issues (I I) I I out, Show I I I (I ti wk the grant hultling heing applied for and obtained for each ImImt. Additionally, K a projeo can save costs in the long -terry), file Fill oject's priority may be strengthened. ent'i tinned. Fot example, retrofitting I ofitung street lighting to IAT) and/or pump energy efficiency retrofits could pay for themselves In o Illatiel of several years, continue to save costs in file long, run. A VA! K : publuworks ditincims and planners need to tall elected OffiCials the bad news; that whatthey are allocating for Funding isn't enough to accomplish Oak goals and W they need to look fru tier. Maybe they cannot: Arrid hAn the Mimblenn, but "plant theseed" io pet thein 11hinkilip, about the longerlonal vision. It'so very kupoitaml exercise todefine Me colunmiliviVs needs and help akimlisunmrs and elected ofpici als determine which piote.cts ar'e most impel alive, regal dleSs of r_lirrcnC fimd�, available. Ask as esrly as possible if you nrrxl a major project: hmmled imo a CR Consider nmques1tug This a year or two eadiel-Tan absolutely needed, Understand That a project may IMA Rat approved 01 funded Initially, but it may bopill to nstahlr,h the groundwork fol inclusion in hidue! years. For example, if doing ig a full I o,)dway reconstruction, I action, filoke suer: to include the ml;lted underground utility finplovolnetas, I his sounds obvious, but. it '. often owmool,W no N'n on, lot vnionplo, I hmk of 01 the lopidRinowth cmwnimikies awl exp,riancM M cu mom of Mew nontaninty, ImM new In Flo raid 2000s. It is gloat for many alnumurflios to have new infitvij acture, hili determine it ;ulyolso a. r, planned lot Tile face Mreuse Ill lesurfodup needs dmt will he Year; afi er initial CRY W LAO Em"ove l-q,q bm t, obli,00 mh i Aside from cost, this is one of the most sil"I I if icani points of rho_ Ir CIP and plays a major info, in prioritizing projects. Project justifications tend to focus 01) public bmKgk and how the project achieves goals that: prevent hatri, ovirsoro safety or satisfy a related coryin)(111iiy objective. For example, park plans might emphasize the noml to provide a qzifc play area for children or upgrade playground rentiijimont that does not ineet safely standards. 1900 1" !"; in , "SvqgI< 0 W.mj "mosam"! dw P"ymn pamdog factual h4crarnallon about the consequences Of unfunded IdOd improvements should he considired. Most imqxm rairdy, make sure We CW des in the hN componems of the community strategic [Drip, terra plaI I, and annual buiJignini; process, an this will I Up get"buyW from Me top officials down to each department head, The 0 P carr also be used as an cippoll-wriltykasupporting the awn munkVs mission and vision, fiRwidirill an oulfook well into Me Future. Finally, keep in mind that in many cases you are prose nibingidic C I P for projods and expenses thatwill extend well boyond the terms of the current. elected OffICIVIS. /Winsible GIP call help prevent making commid ants and 11CUrrint, debts that may prevent the implementation of [note important it pI ojects fit the firtine, thereby sumnWhening the Iong term financial well being of tyre um CnyofLike Lkuaorc Limited staffing. City currently has o (iiy fngineei vnr ancy and heavy worldoad assignments irr Capital ProjrcCs I xisting staff does not hav tyre tune to complete projrxt resi.ronsiblliUes. Bacldog of work including .u:counting for Imupvt t a*s and ar ml utce of new project work. Lade of technic al skills rr=salting in the inabiMy to managge both shortand longtenni project issues. Additional worldoad 010 to contractors' requests for informai.ion and docurnents. f I he City is see prof, ;ionaI PimintNOng; and staffing exprrtise in all areas of the City's CHI including, (ay iligirreen Senior I:ng inner, and special project advisor ho Ictions Wo arra committed to initiating, f ac ilit:aring, and Him Il aiIli ni; open rot ITT) tnnlc adon to see Iloli. each projectt is advanced firm the design board to conwucItoII at IIIc enriicsl opportinuty. We believe this opportunity provides the City witlt independent analysis of r'ngineoa'iup peI formoo io date and proper Ianagt=menl of rose Lit ces. As an outside COMIdid nt, we are prepared to nialke nnfndiate rcconirncnda its to dvHmr capital projects. Given the notweofthis t,sigrnmeni,IIIZGo(wi1)ioposest:oIll ovidea"projectstrike trfart9 i,:�:,,tilL, MA provide overall weeldv direruon and raxpm i guidanca )s.l >pr cial projects advisor for the engagement. The I}rofessirnnal enl;6reers we n<� ,assigning; to manage the day to day project delivery inlude Ss,n . ,-,,:,:., . : n and r Ken will fill the tole.as Utyi ni;rneci to eAnNish, direct, plan, surpervise, and organve the City Lngineerint; r sig,anent,for(AIT lPRIculnrndl_andDovnloprnerrl:MNVingunderthePublicWorks Ditector. Ken will analyze file projeri looposal u d assist in delivering, projects. Steve will mallow the drlivoty of ilia capital irnproveancrat purl;"Iain, mcluding completing, rlraigns, I:nojec spear,, anions, aril Inrdget cnntroL Hai will a si�;t staff with aulvertising pr oic ct� for consi:n-rctinn bid, work with the final)(-(, departnu,n1 to c;iablich prop, r cosi arcounimg of all projuct numuzs, and work To recovra cosi:.s fin yrrviu s renda.rpd. KOH will provide wceldy updaLesi:o the Public Works pit ector. jinn will complete <,loality control of piopos,ah" asfwfat with nN ommendations to expedite plojecf delivery, Ievievd final dnr ren,nts, and it lake i ocoilollcl dia ole, I advance Ili ojocts into construction. Ile will a ,vsi if Publu Works Du ecot with day today assil to keep project moinaatum. Jim will far available to Help resolvr decisions needed involvoig into[ nsl hiddin;, Studies, e» other technical support. City of Cake Elsinore ., , H W" _ Rn 1 'k AN Iac°,"s::, Our team will prepare staff reports for department: heads, city coundI, and various committees/ commissions as requested- This will Adude palmi progrl ss repos Is and monthly/regularly scheduled nuletings wish Ihe� designated City iep esentai:ive. In addition, We will provide monthly invoicirt{a with derail in the fonv at desired by the City. Pollowutg arc setmplr pages from a recent It7r'nti:hly pi ogress report we provided to thatltit upa Valley City Council. i'ti Qlfri'±2F /liq l'!iL'S1Git 1 ._red fo! i ,I11'Il'1l( , ..-� 1 f I iiI t0i,". 1 -1 t:if 1 1..itRrl flY 1'4 l'+(. i ' wit( i,l 1, 1111 ..'-[I ,._ 1 in.11h n'RI t 145 Ar. -+1, i.) ii1.', .. i. I c 11 fol Mfr: I1` -A.q'i i, n.r all I. ar Iv .io Aw t .<d, ( ndt tot 1 • �I M1lt � dl, .l +�nl 1 �.lt� Ira 1 �.ir=,�i :.'J�`.'1 111 {i.�dc it <p'Ca C v.ii lc Clry 11100 Iri -.fku-,Uh.h"cu 1,1 nr v 11J _. L¢tla11_.n.�. -. d j it I �tons. a u l I I -ql lnilll 1' .... ,`.� ¢ea� o -o- �kF.�or?�''�i�,1,0iiSl .i.... r> J revs 9 LJ n„r-. 1 A :o,il¢ air: �s d ;IM m.- f i• iJlrel 111 i,.v lih�d: n -,,. ['.'hco rh 1. p,l ,ic1a F i 1 nl..., W i., — ... ... yr t .1 d1; {t to t.�ie, l ,lvn ❑a�m�: <� e.di:n 1. Hta t >` a.^; 1 ..mm 1.�, .: .: ,: t�llrar 11 ,-rl.ov •� aF _�• ;i Stnnm:at IN hi, M-nnnnalit c id, iia ,. _.. f r, .1f,... t d1.0d 11 ,t Il _a ul. .. ...i exv. 1V J eIll �. a. u It tv -t .11 I.. it �, ', -” �T�;. ..b�. 1 ,:> I`.i, 41: 1kj,-..1Jtl, j., J. rii, h, I111..1 . 1i .« . I i _4,l til C lhdg-+ 1 �';✓11 1 aUai,<a llun« +. �-�..t ,.:n lhl ilvr.b lxlin 1 —. i 1 t it I 1 1 �. 9•il = 1 lib. 1 !, n 1_...,:> 1la 1,ally ,Jl:e_ 14til, n.i ,ttc IrL,nIJ ore.. .. ,.. t .. ,... ,. .m n, "i d— �e'1Kb tti retic, �I., w1 .d. I 1 rJ, - i I 1' 1,14 .unb�. City of Lake I-Asiimro pI Pop 'A IM 1, TOM, jl3e'S !Z City of Lalm Elsinorci city of Lake@.isinoro t fJ 401 r t "K "M K , t:l r. y Engineer lit:", �.i, ifs .z,.. Bachelor A Srrencc, Civil [ogineerint Bachelorof Science, IAtoteorokat;y Re7;isteresd Civil 6nl;ineer, CA 1142866 California Qualified SWPPP Developer (QSD) #O I.04 f I .lrigTi- 30, Years Municipal ing1tworing Minagcrnent Overseen Design and Construction of $400 Million in Public: I mprovenaents CRy r:noneer, G Southern Celina nia Gilles Supervising Engineer, Comity of Los Angeles Deparlanenc ofItublic Works Kc rI brings unique pel:spcctive, vision, and value to both Lnt;e_ and shall -scale nulincipA pl otty ts. Due to hitt nuny years of city engtnenriry cxpear swe, he understands the. Was local public of ici ass face an it it fly basis along with the Asiy.,ht to ce all sides of Complex coordination challenges with utility companies, n ighborint, cite n Iminsportot kin agemAes, (_alts ails, linItoads, prop<arty owners and others. KelI's pr ojecs expos ience spans the f;ainut of fie; followiI ig types of pr otect s: illeP! Poconstiucl'.loil Stroll Widening Intersection Capacity 6aianncement Overlay and Slurry seal Landscape Irnprovenlents Medians Storm Drains Entrance Signs Rightof-Way t\cyui,nioos Wai.er Quality Bimlls Storm Drain K, Soifer Mastnl Plans Park Improvement; Sewers and W<rterhnes City Engineering, Cif:y of Rosemead, CA. Deputy City t:ngineer and (Ay Engineer/ DOW of Pr.iblic Works lot 17 ye ars responsible for runningthe (lily to day operation s and decision making of the City's eni,uleetnng and public works department as well as implernenting an annual capn.d improvement pl �> ram, ralal;u rg betwr-. e;,n $5 million and $'t0 million- Primary tasks included protea plann« a};pnanagement; public relations for City's public works projrrcts; pmpmAWn of Counnl staff loporl',, losolntions, ordinances and report; Wilting; li,uison will) ll affu'engineer .and traffic cnnunission; eoprf.aal nopawe nlent progrmn buds its preparation; over sight of preparation of plans, speclfl<.ri:ions, and esinn,atits; cointltiction ob%olvation/aclminisuill ir>n; oversight and nwna„raiYar_ni the City's maoalenanre col lir ads (road, it affic sig] ass, :signing alad striping); funding applicai lon In eparalfoil, pr ocet snag, and invoir Ing; development revioW and subdivision (lenCative, and final roap) procesrng; plan chic kill;; and Water quality Inannagrrnent. City 6u8irreaeting, Cities of Lakewood, !tolling l Palates, Bellflower, feniple Cityr nand Laksavlale, CA. City Qonepr respowNe for running the Clay to day operations and clot islon tnakinp, of iia. City's mnqureering and public woos department as well as irnplerntsming an anrnaa CI” program. F'nr,inne_ring acrd ['fall Review, County of Los Anneles De§p ar2rnnnt of Public Mh I % (A. Suoeran>ing Ingil to r I ('sponsible for directing the activities of lir aha) n, and gauinaf; plan door ker s) in fln' I and Uewelelan'rcnf. Division. In Road Mainienanco tnsirict t, snprrvned enninaering pelsonnol it spow.thh" for rho development of plan, and specifhown s for vaamins (or.rnty sn'eM prcjnl >. Perfornn rl "oniract. adnurrlsiration ka iia County's flood ronirol facilities while assnfolwd io )In,ion, and In rpared hych olol y and dr ilsage MUldn:os dunin, iais tenure ur aha, l lyritaillits Division. City ofLalcoElsinore k1 1 41Ht 'Ir.I. Federal/State. Funding Administration, Various Agencies, Southern California. Provided oversight and assistance i'o nu nevous cities at: various stages of the Peck r al/state-funded process as follows: Call for Projects apple at.inns, F HP Progranhmnag, Hold Review, Prcliininary Environmental Study (PFS), Request for Pail horization to 1'rouaad with Const lut on, Award Submittal, Labor Compliance, Progress Invoicing, and Final Report of Exl,mndRures. The ser ious federal ;and 9wo funding programs have included ITP, SR2S, ARRA, I -IM) (I MR), and HSIP (HF.S). La Patna Avmue Gap Closure and Camino Del Rio Extension, County of Orange, CA. Project Manager for the prol,raral oil of PSML and right obway documents. This 3.7 mile, $72 million roadway pi ofc ct hisects I he Prima 0e.shecha l_anrlfill and will eliminate an existing gap in it)(' Otvange County at highway system, Willi a connection lunwaen Ortega 111hway and the City of San Ckwunite. The project includes rho widening and telnahilitatioII of the existing roadway and new roadway Hire, u};h mountainous terrain, construction of landsm1wd median,, nudtiple waiar quality basins, nearly 10 nnillion yards of earth moving, four „rade sepal anions, I elm,tion of MGM transmission towers, and environmental mitigation measures. Palos Verdes Drive Wast Soldier Pile Wall, City of Palos Verdes [states, CA. Project Mo-anagn for thco repair of Palos VOW, sats Dr the West and design of £a 300 foot soldier pili c.aissurt wall I o nroh t Che road from an active land slide. Provided oaet sight for tc search and review of existing utilities, preparing thu site plan, civil plans, cost estimate, and spedf`ications. Wnstrtu:tion Monager overseeing conArtuaion ohscrVal iort and adIll ni Uation ei vicos, as well as maneglug die geotechnical suhconsul ml who provided specialty inspect ion and rest uqvkmv IMonitawd preparation of daily logs of co nstrue:Cien activities, met with the (of I tract of Co resolve issues, worked closely with City slat I to help Imep thea project on schedule, and supported ihct Caltrans audit: pnrforrned tot the expenditu'ct of ARRA funds. Garrey Ave n - t ` ridge; City of Rosen, ul, CA, As City f_ngmreer, responsihie for r 3pladrig the Garvey Avcnne Bridge over No I tondo Chanmd, which involved extensive coordination with federal state, and loc sl al;encics. I he new $9.7millim Wridge is 920 feel: long and 9.00 feet wide, with only t:ht c e. piers in the channel. its the City &Mmd o signature bridge to serve as a gateway to the conumn iLy, historic features of the old hridt e were recrealod and decorative lighting and monuments were incot not into the design. the bri"ju serves as an entrance statement into the City. Worked closely with C7allaa1 Is to obtain federal funding and environnenud Valance, and with the U.S. At Corps of Gnu,inoers and I os An elns County Depat Inentof Public Works f o obtaain approval of'tfill hydraulic analysis and civil/structural plans as a inn requistle forobtaoung the ne ee ssmy enutiaehrrtent ierniks from each agency. Provided ovcrsighL of the eonsnuction ,)),agement. tear,. Engineering frervUs for the €dosed eio Master Planned Community Project, City of Azusa, CA. Pune gall -al Charge anti Inovidiul a range of city c nginoering services specific to Lha Rosedale project, a master planned community of 7,200 now I onus 10 he developed ort the format Vicau ovio Not sexy site. 0I Iontod around an active dllaga (off, and Ie('temion center, Rosedale included a series of n glil orihoo is will) paths, a new IC R school, fite station, Metralink Gold Line Station, and 200 acres of po tnemM y pt escatved natural Ihillsk0s. (=nu;ine wring services providcucl included skiN ivision nap (Al"don;3, puhlic improvement plan ro dovv, cocas duration of consultant activities, othot igimcies and utility services, pteparratlon of staff lopes ts, and atte_ndanc c at. City Council and Comntissiou ourdings. CRY of Lake F.kfinwe r.,.;,,t ,.. .<, <•� furnject 1Vlanager ,. I .i'i ilii , <2,i, Iz11Ie'<tecii Bachelor of Science, Civil Engineering Rchistere,d CQI1 Engineer, CA OffAJD'J. Qualified SwPPP Developer (QSI)), CAll 00503 ,FA .tai. i..� I�lil 1v,. 17r W ars P.tfurne gaai�l at,a�r cring and ConStnactron Management Pr ojecnCon.so'wlion Mnnagerncnt. of Divorse infrastrcu:eure Prerlects Steve has nearly 20 years of design, CiP in Ograna managerncnni:, design to anagenn ffl, Plan review, NPI.)L-S/water quality compliance=., and construction management exper kmce of muninpal Public improvement: projects, including roads, drainage, water, sewer, bank, grading, and parking, lots. He has sorved 20+cities, inducting Pomona, Corona, Norco, NAm io, walnut, San (While], Claremont, Chino, and Art% Sieve hasmanaged the implernent,ti.ion of IN Municipwl Svpaaate Storm Sewer System (MSA) Permit:lot wanions municipalities; performed review of compliance docurnenis for private and public dawe+lopme tits, and acted as the owrIer , r oPr oSo ni ative. NE nicipal Engineering, City of tAfltlnui; Cyt. Deputy City 1 nuinecr reslarnrsible far p"Imrin{ (TVs Capital Improvement budget, ovwseeintg the design and construction of all eaph al projects, plan checking of land development projects, and as,esia oill cllRil veling, Program Management, City of Pomona, CA. Contract Program Manager for City's Utility Services Department lesponsiblefor the design and contrru;t.lonofvarioussewerand,mmin projects. Handled I:rrotect analysis, PIT preparation/r_valuatioin, project coordination, and Cily eounul award and advet Usernent of bid packages. With Campus Drive Improvement, City of Pomona, CA. Project IVI onager for ;;L.iS million street. reconstruction Project (temple Avenue to Ridgeway Street), i he existing roadway pavement, consisting of nearly 10 acres of asphalt swface , was origarally designed for low a raific volumes, but had &,te riorated clue to the expanding odjaccut California State UnivcarsrP.y, Pomona which gene rated high ironic volumes. Project was rehabilitated usint7 a Pull Depth Reclamation pavement stiate'-gy. Recycled VIYater Pipeline, Inland I ropire Willi re s Ag ency/City of Chino, CA. Propqt Nlanarror for 'Jack and bora" design of 250 1_1. of 30 inch diameter ductile Anti pipe under heavily travelled Euclid Avenue, t/alley 1-foulevard Street: ifehabilRation, City of walnut, CA. Project Manager Por design t,oustriniAbn in an,agernent, contract admanstr'afion, and labor compliance of one rude (if road reconso ration and widening, including rcnnoval and re placolovilf of existing asphalt cone ieie pavement, construction of crnter median, curb, gutter, sidewalk, bas tunlouts, and f r affic signal infunvenaents. Project required extensive coordinadon he ween Hie Cities of Vollnut. and Industry, and ahe County of I o=Angeles. voklic wcn9c, Ma(ntenerx;e Padlfty, CRY of Sao iaahrils, (l+. I'1nf;ram Manages for development and c inanicUon of a Ilow $ "I inillion Public Von ks N4 A HI (? na IIce I acidly I a col nrnoda fe the Police Dvpartrneani's vilpanaion. "I -he project w rs se:.p,u aced into itvo phai segs of r:nn:.iruc.tion - roupll lilading of "n rxisting tr ash lirmicsfor facility and i bn final i v:ility tom 1 i uction. V u nor Road ;iteet Iinpnavottieants, City of Indio, (A. Prnki I. K ndwn WOW nraprovm"ort and widoring involvint{ rhe do .ign and r on l i ma ion na an'lff emelt of fine iutla of frontal (i read paralbol to Intni,rate1o,aswell asdr nlofigspunk;;andsanping,ailIfj'iokmilvaeefuisition. ii City of fake InUrsore soeclafProjects vidu av ftAasteis, Business Administration 6achelorofSnetim, Civil Rginoerint; Registered Civil 6rgineter, CA U42071 29 Years Municipal Management ant! Project AAnnagenaene tx laerierace - 6xtensiutr On-site Staff Augmentation F.aporience Public VVEiras Director/City Engium, 10 Southem c:aul'urnla Cities For nearly 30 yearn-firn has served av !'ublic Works Ditt'ci:or/City Gr�gin4er for nr,�arly l.Q Soufihern California cities. le has esteblished design and construction standards for capital projects, reducing overall puhlit conortuJon cots 20°x,; analyzed and implemented nuatidpA information nwnot;ramrnt syleros;guidedffxapreparationofgrant-ap licationsforciapitalproject;,realizingsubsequentIevenues In excess of'3 million per ycar from external sources; administered multi-year Capitol Impiovement Pro grams, completing municipal improvements for large projects totaling in excess ole 5800 million; hlannrd and or ganized special ballcai tticctions gent lat:ing anntaal ievemirs for pili ks, landscaping, polo e ,er�tia ,, street lighting, and other infrastr ucium; and negotiated engineer ing and will property contracts for agencies, hot is wcognmed for his "bit; -picture" approach to rnaximue alternative financing lo.g., bond:, grani�s, development impact fees, spacial disttuts, etc) that fund capital projects to enhaim the quAdy of lift°, puhlu safety, mobilii.y, and recreation. He ce'mceptuahzes piojtecls that can be leveraged beyond filling basic of illions and era inter a ru:e needs to genu ate greater value to constitue Ill!" Contract City Frigineerq'Public Works (.lira*ctor, City of lurupa Valley, CA. City Ciagineer/Public Works 1)11ector responsible for CI prgjeca administration; the over arid appiova I for ironsportothon, land devr�Iopriieni,'end rnoinien.rIce activities, interfacing with state, federal, asci County aagoncuts for protect elppi ovals, eratitivmt lli s, and cooper ative. agree_rn nt;; and special di sinit iformation and adtchi' iltion (c.g, CI- Ds' I I'M Ds' et.c.). Coreract City Engineer/Public. Works Director, City of PlacenUa, CA. City Enghncm/Public Works Dherlor nsponsible for CIP project admin ism nylon, pennit counter support, and Imiln-agency and stakeholder eoeEli nal ion, Uveesaw$6.tirnillioninstreefrehabilitationimprovemcntscitywideNaroughr JOS tax funding. INTI c Works Dir error, Ci7y of San Bernardino, CA. IM:erirn Public Wcidis Director responsible I'm C:IP project adminisi Iitlot 1 and multi -agency arad stakeholder coordination A primary focus way io identify cosi--saving opportcmif.ics. Savt:ad ;;2 million/year by divertru{; i:far hauluagof was9c to ret Tonal Inradfills. Thr, wits acconrphshm I by establisinnt; agieerne tits with waste management couapani s to haul waste to local m» io ji ] te use Ad Money was saved by shorter haul nips recydint; M same mare r cal, ami avoidance of ]anthill fees. City of Lake Uninare I 1, 1, 1, 'f r ' I 1r ' I : F ,Sit:.. , S. r( . - >7 i' -kat. �,tii r. , r`i1 _. City Engineer/Public Works Dir Oor, City of Indio, CA. City flnginoor/Public Work; Director responsible for CIP project administration, permiicounter support, and multi -agency, and stakeholder coordination. Wm, at City forfive year s during prl Led of $3 billion economic growth and doinbling of population. Coordinated preparation of $500 million Davelopriaonr Impact Fee, oversaw comb in Hon of community buildings Infy, city hall, tofu Center, i:omtit] nity center). Ir(Iea.sed water Lank storage from 6 to 70 million gallons. Oversaw rifywdde sb cart. rehahiliteitianond improvements to Highway 1.7.1, involving di 'Midge facilities, roadway widening, and con„estion Ielief ul000lls. Secures $10 million in grant funding through IRAN! 151 FA, and (`VAT sources/progr ns. Alsm oversaw the do sign and construction of the 1-10/Jefforsoil Street Interchange. City Enginonr/public Wells Director, City of Yorba tinr_ia, CA. City Works Director responsible for CIP protect ,administl ation, land dove'lopnr'nt, and rnulii agency and stakeholder coordination. Ovorsaw c omiru licin of 25 nnillion 1dart (Told SAf Club and adjau:ent 2,100 unit development Golfcou o relief aces $2 million annually in net income to General f=und. Also, secured >)7 million in regional funding sources to COnt.t i ur t four-nrle long MgWOA Highway project:. City V ngirreen City of G a Ann tannase, CA. (TV I gpvp sr responsible for (':IP pa'ojcst:C eadrninisl.ratinn, land developmont, and nralti .agency and ;rakelnolkel coordination Ixpon' iMn of Disney facilitios broughl. extensive dew4opmeni shm. dmi.atovomenCt to n v. -a, Mcluding cowuu u0ion of 10,000 hotel rooms and Harbor Boulevard Can -idol and UmNit-Mion Adionconnrnt `iecurod $10 million to fund these step ntscape ;rat on (VmWo County Flood Control Advisory Comniitine and obtadnwd 58 (nillion in grana: funding to widen and improve the NO Chic a (manic!, To eby clinnumbng flooding in aha imrnmMor, area. Sal on Ow Some Timm, 22 Advisory ( ominiltee Tasked with recrnnrnendations to wlsen aha freteway, interchange inept overnenis, and addition of aw.iliary Danes. Was uistrumental in shepherding these improvements while av l&%tine elimination of revenue. producing properties, sur.h as the Auto Niall, adjacent: to Si? 22. Cor tract. Baty t ngfnenr/Public. irut?n I(. Dhvcaw. Cht of hMrwaha, CA. City Cngrn7myNd is Wants Director responsible for CIV' project administration, per Inticounter support, and onrh.i-agency and stakeholder Coordination. Focused on coordinatmf; City's into i rv,ts rasSnc toted with the 1-; widening and proposed hq,h .peed tl rain to Anaheim. Air ended CaMans grid MTA nae efings to coordinated -S widening project. approvals. C nttrae9: City 6ngino-or/1>nblie lfyoric. Dh'ecitni City of Calmiesa, C.A. Of y G.ngineei/Pubdic Works Dir ector rc.SpotIsible for CIP pleject administration, ka Id devedoprnent, IforI nit counter sit poor ;it all agency andstakeholder coot din,iflon. Cooidiflmodper Ilit iorg)II dapprovaisLot kIfpie developiIloaprojecis lot Ihof11.0homesant I assoctalef IuI'I I thtit iuIoIiodtoCOY fa(Ailids. atlunicipal IvIanagelnent / FIIL;htoorntf',, City of moi'eno Valley, CA, Deputy City I ngiIwer/Deputy Public Works Director/Capital Pf ojects Ivi'alm rr +espomiblo for managing all fairi=es of ;95 million, S year CIP program. Fol uerl and ailministersd ,potul dish it ts. liirod .iiid imarogcecl various consultants to sucressfi(illy deliver the CIP piogrom. Laiad 17e_v(ahxinna -ni, Statlt{ie r n Calromita, ivlan n,c d dosis{n'Ind i;oIN i ui tion of rauaster planned Ion Inurlito for I andm,u k, a Fargouc vnlodaor of Inr, itd-u"c' nt.nter pL uanos (:or)rfaint Gas and golf cool se, sur_h ,is tigc>reno Valley Palu_h, I'GA tNc sa, .ancf Oalc Valley. City of Lake, ElOnme The ie folIowingpi-oposed Ace schedule reflects proposed staffing hours payable on an I I lot I I-IV Imsis Which will be willed monthly 10 the City LIP Co but not exceeding $30,000. rjw ritlet C I assff—i Cation City NgiuLect Project Manager $160 Special Projects Advisor $170 Sid jecl to written I directiol I by the City Mmai"'et, FIR Green I i)Iso 13101JIT"Os to conduct pI ojecI c(mshmTron inanagenictitand insWcAm Mints of I fee of Mpercem of the toil(onsiruction project cost. This action is subject to aMmand of Hil, City o1' UK Hshmory M,ayrtr vild City council Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 12) City of Lake Elsinore Text File File Number: ID# 16-084 Version: 1 130 South Main Street Lake Elsinore, CA 92530 yew lake-elsinore org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 211812016 CI'T'Y (fit ins LAIJE LSINOB E `v DREnM EXl RLME,. CITY OF LAKE ELSINORE REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: February 23, 2016 PROJECT: COMMERCIAL DESIGN REVIEW 2015-09 - A request by Joseph Karaki, Western States Engineering for approval of the construction of a 36,664 square foot four (4) story 64 room hotel on an approximately 1.05 acre site. APPLICANT: Joseph Karaki, Western States Engineering Recommendation The Planning Commission recommends that the City Council take the following action: 1. Adopt Resolution No. 2016-__: A Resolution of the City Council of the City of Lake Elsinore Adopting Findings that Commercial Design Review No. 2015-09 are Consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt Resolution No. 2016- A Resolution of the City Council of the City of Lake Elsinore Approving Commercial Design Review No. 2015-09 for the Development of a 36,664 Square Foot Hotel and Associated Improvements Located at Assessor Parcel Number 377-090-036. Project Request and Location The applicant is requesting approval for the construction of a 36,664 square foot (SF) four (4) story 64 room hotel on an approximately 1.05 acre site. The proposed project is generally located at the northeast corner of Dexter Ave and Third Street and is specifically referred to as Assessor Parcel Number 377-090-036. The proposed development includes 10,316 SF of landscaping areas (22.4% of the project site), 9,166 SF of building areas (19.4% of the project site), and 26,817 SF of hardscape areas (58.17% of the project site). The applicant has not proposed any signage at this time, a sign permit application will be required for the permitting of any signage. CITY COUNCIL STAFF REPORT CDR No. 2015-09 February 23, 2016 Page 2 of 5 Environmental Setting Planning Commission The Planning Commission took action to approve Conditional Use Permit 2016-03 and found it consistent with the MSHCP and to recommend approval of Commercial Design Review 2015-09 and recommended that it be found consistent with the MSHCP. The Commission as part of its recommended action added a Condition of Approval that the applicant and staff look to decrease the net deficit of parking. In discussion with the applicant, the site constraints related to the requirements of La Quinta, the Fire Division for emergency vehicle access, and the requirements of the Municipal Code, precluded the addition of additional parking to be provided onsite. The applicant has submitted a parking study that demonstrates that the proposed deviation from the Municipal Code Parking Requirements would not create an adverse impact on adjacent uses, further analysis is included in the analysis section of the staff report. Project Description The proposed project consists of the development of a 36,664 square foot (SF) four (4) story 64 room hotel on an approximately 1.05 acre site. The total height of the building is 66'-0" The proposed design of the hotel is a corporate -branded style that features stone veneer and a multi -color scheme that asserts the corporate styling. Further, the applicant has proposed a building fagade which incorporates features such as varied building elevation plane depth, stone veneer, awnings, varied rooflines, and a multicolor palette to effectively reduce the massing of the building. The design also features a Porte Cochere which reinforces a focal entry point of the hotel. The design includes wall sconces along the building fagade to create a soft up lighting to the building. The intent is to provide visually -interesting design which incorporates compatible architectural treatments. The proposed hotel include an outdoor pool which will be screened by a 6'- 5" block wall with a plasterfinish. The proposed building features a flat roof with a parapet wall which extends above the roof with a maximum height of 66-0" to provide adequate screening for any roof top equipment. The building is oriented along the project site's westerly property line and the site has been configured to provide adequate parking and circulation areas, equipment enclosures, bio -retention areas, loading area, and landscaping areas. The proposed lighting has been designed to provide adequate security lighting forthe parking areas, while notspilling overthe property lines. The project has incorporated appropriate landscaping along the perimeter areas to effectively screen the building and parking areas. Furthermore the proposed landscaping incorporates water EXISTING LAND USE GENERAL PLAN ZONING Project Site Vacant Commercial Mixed Use Commercial Mixed Use North LA Fitness General Commercial C-2 General Commercial South Vacant Commercial Mixed Use Commercial Mixed Use East Residential Commercial Mixed -Use Commercial Mixed Use West Restaurant General Commercial C-2 General Commercial) Planning Commission The Planning Commission took action to approve Conditional Use Permit 2016-03 and found it consistent with the MSHCP and to recommend approval of Commercial Design Review 2015-09 and recommended that it be found consistent with the MSHCP. The Commission as part of its recommended action added a Condition of Approval that the applicant and staff look to decrease the net deficit of parking. In discussion with the applicant, the site constraints related to the requirements of La Quinta, the Fire Division for emergency vehicle access, and the requirements of the Municipal Code, precluded the addition of additional parking to be provided onsite. The applicant has submitted a parking study that demonstrates that the proposed deviation from the Municipal Code Parking Requirements would not create an adverse impact on adjacent uses, further analysis is included in the analysis section of the staff report. Project Description The proposed project consists of the development of a 36,664 square foot (SF) four (4) story 64 room hotel on an approximately 1.05 acre site. The total height of the building is 66'-0" The proposed design of the hotel is a corporate -branded style that features stone veneer and a multi -color scheme that asserts the corporate styling. Further, the applicant has proposed a building fagade which incorporates features such as varied building elevation plane depth, stone veneer, awnings, varied rooflines, and a multicolor palette to effectively reduce the massing of the building. The design also features a Porte Cochere which reinforces a focal entry point of the hotel. The design includes wall sconces along the building fagade to create a soft up lighting to the building. The intent is to provide visually -interesting design which incorporates compatible architectural treatments. The proposed hotel include an outdoor pool which will be screened by a 6'- 5" block wall with a plasterfinish. The proposed building features a flat roof with a parapet wall which extends above the roof with a maximum height of 66-0" to provide adequate screening for any roof top equipment. The building is oriented along the project site's westerly property line and the site has been configured to provide adequate parking and circulation areas, equipment enclosures, bio -retention areas, loading area, and landscaping areas. The proposed lighting has been designed to provide adequate security lighting forthe parking areas, while notspilling overthe property lines. The project has incorporated appropriate landscaping along the perimeter areas to effectively screen the building and parking areas. Furthermore the proposed landscaping incorporates water CITY COUNCIL STAFF REPORT CDR No. 2015-09 February 23, 2016 Page 3 of 5 efficient landscaping which will enhance the surrounding area. Analysis General Plan Consistency The subject lots have a General Plan land use designation of General Commercial. The General Plan establishes various compatible land uses including hotels. The Floor Area Ratio (FAR)' for this designation shall not exceed 0.80, the proposed project proposes a FAR of 0.79. Goal 1 of the Community Form section of the General Plan seeks to create a diverse and integrated balance of residential, commercial, industrial, recreational, public, and open space uses. The proposed hotel adds additional rooms to the community where there are currently not enough and helps to diversify an area of the community that has begun to commercially develop. The proposed project is found to be consistent with the General Plan. Municipal Code Consistency The project is located within the Commercial Mixed Use (CMU) zoning designation, which establishes that hotels are a Conditionally Permitted Use. As noted, the Planning Commission at the February 2, 2016, regular meeting approved Conditional Use Permit 2016-03. The proposed project has parking requirement of 66 spaces, but the applicant has only proposed 60 spaces. The applicant has submitted a parking study (attachment 7) which has asserted an actual demand of 57 parking spaces due to occupancy of rooms typically at 85%. The Engineering division has reviewed this study and concurred with its findings. Staff has reviewed the proposed project with respect to the relevant development standards as identified in the Municipal Code and has detailed the requirements and the proposed development standards as follows: Development Standard Required Proposed Building Height N/A 66'-0" Front Setback 10'-0" 10'-91, Side Setback (from ROW)** 10'-01, 78'-9" Side Setback (Interior)** N/A 45'-7" Rear Setback (N/A)** N/A 78'-9" FAR` .80 .79 As detailed, the proposed project meets all applicable development standards for the CMU District. The proposed project provides adequate landscape buffer areas consistent with the Municipal Code requirement to screen parking areas. The proposed project does not contain any variances to the development standards set forth in the Municipal Code 'A floor area ratio is the numerical value obtained by dividing the gross building square footage on a lot by the vet square footage of the lot. "Side and Rear Yard. No setback shall be required from interior lot lines except adjacent to a public right-of-way or a residential district, in which case the minimum setback shall be 20 feet. (LEMC Section 17.124.060 (B)) CITY COUNCIL STAFF REPORT CDR No. 2015-09 February 23, 2016 Page 4 of 5 for commercial development. The proposed project provides an efficient and safe site plan that provides adequate circulation, including areas for loading. The subject use is permitted with an approved Conditional Use Permit and the proposed development complies with all applicable development standards; therefore the proposed project is found to be consistent with the Municipal Code. Summary The proposed infill development has been found consistent with the General Plan and Municipal Code. The proposed design is found to be of a high quality and will provide an appropriate addition to the adjacent land uses. The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the requested Design Review application, and support the proposed application. Appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In-Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. Fiscal Impact The time and costs related to processing this extension of time request have been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Additional transient occupancy tax will be generated by the increase in hotel rooms. Prepared by: Justin Kirk Principal Planner Reviewed by: Grant Taylor Community Development Director Approved by: Grant Yates City Manager CITY COUNCIL STAFF REPORT CDR No. 2015-09 February 23, 2016 Page 5 of 5 Attachments: 4. 5. 6. ;3 Vicinity Map Aerial Map MSHCP Resolution CDR Resolution Conditions of Approval Parking Study Project Plans Color Elevations and Materials Information CONDITIONAL USE PERMIT NO. 2016-03 AND COMERCIAL DESIGN REVIEW NO. 2015-09 CITY OF LAK -L LSINOKL -4e DREAM Fxrlxenat CONDITIONAL USE PERMIT NO. 2016-03 AND COMERCIAL DESIGN REVIEW NO. 2015-09 CITY OF M LAME LSI HORL -�� RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS COMMERCIAL DESIGN REVIEW NO. 2015-09 ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Joseph Karaki, Western States Engineering for approval of the construction of a 36,664 square foot four (4) story 64 room hotel on an approximately 1.05 acre site generally located at the northeast corner of Dexter Ave and Third Street and is specifically referred to as Assessor Parcel Number 377-090-036.; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives, and WHEREAS, the Applications are discretionary in nature and require review and approval by the Planning Commission and/or City Council; and WHEREAS, the Applications are not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, on February 2, 2016, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2016-08 recommending that the City Council adopt findings that Commercial Design Review No. 2015-09 is consistent with the MSCHP, and, WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on February 23, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 2 OF 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Project and its consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the City Council makes the following findings for MSHCP consistency: The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance). The Project site has is located adjacent to the Interstate 15 freeway, and has no habitat present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City's LEAP and a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does notfall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines CITY COUNCIL RESOLUTION NO. 2016 - PAGE 3 OF 5 as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbaniWildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented and the above findings, the City Council hereby finds that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 231tl day of February, 2016. CITY COUNCIL RESOLUTION NO. 2016 - PAGE 4 OF 5 Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 23rd day of February, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING COMMERCIAL DESIGN REVIEW NO. 2015-06 FOR THE DEVELOPMENT OF A NEW 36,664 SQUARE FOOT FOUR (4) STORY 64 ROOM HOTEL ON AN APPROXIMATELY 1.05 ACRE SITE GENERALLY LOCATED AT THE NORTHEAST CORNER OF DEXTER AVE AND THIRD STREET AND IS SPECIFICALLY REFERRED TO AS ASSESSOR PARCEL NUMBER 377-090-036. WHEREAS, Joseph Karaki, Western States Engineering for approval of the construction of a 36,664 square foot four (4) story 64 room hotel on an approximately 1.05 acre site generally located at the northeast corner of Dexter Ave and Third Street and is specifically referred to as Assessor Parcel Number 377-090-036.; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects); and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the commercial design review; and WHEREAS, on February 2, 2016, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted Planning Commission Resolution No. 2016-14 recommending that the City Council approve Commercial Design Review No. 2015-09; and WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ("LEMC') the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for industrial design review applications; and WHEREAS, on February 23, 2016, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 2 OF 5 evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the 70 residential homes and has found it acceptable. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, and the Lake Elsinore Municipal Code and finds and determines that Commercial Design Review No. 2015-02 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council finds proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.184, the City Council makes the following findings regarding Commercial Design Review No. 2015-09: The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The proposed hotel and ancillary improvements are compatible with the General Plan and the proposed use furthers the goals and objectives of the General Plan, and the proposed project is found to be consistent with the General Plan. The subject use is a conditionally permitted use in the CMU district, a CUP has previously been approved, and the proposed development complies with all applicable development standards. The proposed project is therefore found to be consistent with the Municipal Code. 2. The project complies with the design directives and all other applicable provisions of the Municipal Code. The proposed project provides a continuity of themed hotel design that is consistent with the national chains they are associated with and provides high quality materials to be used. The proposed project has effectively designed to break up massing and provides an attractive building design. Landscaping CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 3 OF 5 has been fully developed to mitigate visual impacts. The proposed project has been designed in such a manner as to mitigate all potential visual impacts associated with mechanical equipment. 3. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the City Council at a duly noticed public meeting held on February 23, 2016. The proposed project, as reviewed and conditioned by all applicable City divisions, dcpartmonts and agencies, will not have a significant effect on the environment. Furthermore, appropriate Conditions of Approval have been included that would mitigate any potential issues associated with the future development and establishment of use. SECTION 4. Based upon all of the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Commercial Design Review No. 2015-09. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 2314 day of February, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: Susan M. Domen, MMC, City Clerk CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 4 OF 5 APPROVED AS TO FORM: Barbara Leibold, City Attorney CITY COUNCIL COMMISSION RESOLUTION NO. 2016 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE I SS CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-_ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 23rd day of February 2016 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk Conditions of Approval Commercial Design Review 2015-09 & Conditional Use Permit 2016-03 La Qunita Inn Assessor Parcel Number 377-090-036 GENERAL CONDITIONS 1. Commercial Design Review 2015-09 and Conditional Use Permit 2016-03 (herein referred to as the project) consists of the development of 36,664 square foot four (4) story 64 room hotel on an approximately 1.05 acre site. The proposed project is generally located at the northeast corner of Dexter Ave and Third Street and is specifically referred to as Assessor Parcel Number 377-090-036. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Commercial Design Revivew 2015-09 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion, or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 5. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. & All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 7. Any proposed minor revisions to approved plans shall be reviewed and approved by Page 1 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 9. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed to ensure that all exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 10.The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of-way. 11. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted to the Community Development Department with appropriate fees, reviewed by the City's Landscape Architect Consultant and approved by the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method. b) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Runoff shall be allowed from paved areas into landscape areas. Planting within fifteen feet (15') of ingress/egress points shall be no higher than twenty-four inches (24"). c) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. d) No required tree planting bed shall be less than 5 feet wide. e) Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Planning Commission City Council 2/6/16 Page 2 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City's landscape plan check consultant. m) No turf shall be permitted. 12. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 13. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 14. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 16.The proposed location of on-site construction trailers shall be approved by the Planning Commission City Council 2/6/16 Page 3 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. 17. Graffiti shall be removed within 24 hours. 18. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 19. Install, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. 20. The applicant shall investigate with staff, the inclusion of additional parking to reduce the parking deficiency. (Added by the Planning Commission at the February 2 2016 meeting). 21. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. BUILDING AND SAFETY 22. Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 23. Any and all improvements shall be in compliance with the 2013 editions of the California Building, Plumbing and Mechanical Codes, 2013 California electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations and the Lake Elsinore Municipal Code. 24. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 25. All department approvals and fees shall be paid prior to the issuance of building permits. Planning Commission City Council 2/6/16 Page 4 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval ENGINEERING DIVISION GENERAL 26. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 27. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer 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. 28. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 29. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 30. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. 31. Prior to the submittal of building plans, the applicant shall submit a conceptual striping plan for Dexter Avenue to be reviewed and approved by the City Engineer or their designee. FEES 32. The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include: Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee. 33. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design 34. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: Planning Commission City Council 2/6/16 Page 5 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval • General Permit -Construction • General Permit - Industrial • Scrap Metal • Deminimus Discharges • MS4 35. The project shall complete and submit for review and approval to the Engineering Division BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater BMPs, 36. The preliminary WQMP shall be approved prior to scheduling for Planning Commission; the final WQMP shall be approved prior to issuance of any grading or building permit. 37. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. 38. WQMP — The Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's WQMP template for submittal. This WQMP shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post -development drainage characteristics • Low Impact Development (LID) BMP selection and analysis • Structural and Non -Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre -development hydrologic regime. 39. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority) : (Section XII.E.2, XII.E.3,and XII. E.7) Planning Commission City Council 2/6/16 Page 6 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval • Evaluation of highest and best use for sites discharging to Lake Elsinore. • Preventative measures (these are mostly non-structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) • The Project shall 'Infiltrate, harvest and use, evapotranspire and/or bio -treat the 85th percentile storm event also known as the Design Capture Volume (DCV). • The Project shall consider a properly engineered and maintained bio -treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. • Any portion of [the DCV] that is not infiltrated, harvested and used, evapotranspired, and/or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 40. Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 41. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 42. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 43. Hydromodification / Hydraulic Conditions of Concern — The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 44. CEQA — If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. 45. The project shall use either volume -based and/or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 46. A Stormwater Pollution Prevention Plan (SWPPP) is required for this project. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 47. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal Planning Commission City Council 2/6/16 Page 7 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval to demonstrate compliance with the City's NPDES Program, California Building Code, and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. Post Construction: 48. Recorded Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will he. responsible for long-term operation and maintenance of the referenced BMPs; (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs, and (4) provides for annual certification of water quality facilities by a registered civil engineer and/or the City for a fee if the service is available. 49.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 50. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: • Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O&M) Plan for all structural BMPs. • Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan attached) are available for each of the initial occupants (commercial/industrial) or Owner's Association as appropriate. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the engineer of work dated 12 months after C of O will be considered in lieu of a Special Investigation by the Planning Commission City Council 2/6/16 Page 8 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval City. Provide a recorded copy of one of the following: 1. CC&R's (they must include the approved WQMP and O&M Plan) for the project's Owners Association. 2. A water quality implementation agreement with the approved WQMP and O&M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. UTILITIES: 51. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 52. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC) 53. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 54. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 55. The developer shall submit a copy of the "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 and specify the technical data for the water service at the location such as water pressure and volume etc. IMPROVEMENTS Design 56. Sight distance into and out of the project location shall comply with CALTRANS Standards. 57. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 58. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 59. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. Planning Commission City Council 2/6/16 Page 9 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval 60. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 61. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 62. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Roth 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 63. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 64. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 65. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 66. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 67. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 68. The owner shall dedicate in fee title to the City right-of-way along Dexter Avenue adjacent to the property frontage for a total right-of-way of 34' wide from centerline to the project property line. 69. The owner shall dedicate in fee title to the City right-of-way along Third Street adjacent to the property frontage for a total right-of-way of 34' wide from centerline to the project property line. 70. The developer shall construct half width street improvements on Dexter Avenue such that the ultimate right-of-way width conforms to General Plan right-of-way cross Planning Commission City Council 2/6/16 Page 10 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval sections. The cross section of roadway improvements with a painted median, parkway, and street lights shall be consistent with other adjacent development on Dexter Avenue, as recommended by the City. 71. The developer shall construct half width street improvements on Third Street such that the ultimate right-of-way width conforms to General Plan right-of-way cross sections. The cross section of roadway improvements with parkway, street lights, shall be consistent with other proposed development on Third Street, as recommended by the City. 72. Construction on Third Street shall be coordinated with the City's Engineering Department. If the City's storm drain project on Third Street is scheduled to begin, the project shall pay in -lieu fees for the required improvements on Third Street, and the City will construct. 73. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, and drainage improvements. 74. The developer shall provide signing and striping plans for the required improvements of this project. 75. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. Permitting/Construction 76. An Encroachment Permit shall be obtained prior to any work on City and/or State right- of-way. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance. 77. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 78. All streets shall be constructed per Lake Elsinore City Standards and/or applicable specific plan. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 79. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF). Request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. Planning Commission City Council 2i6/16 Page 11 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval 80. The developer shall submit a written request for acceptance to the City Engineer. 81. As -built plans shall be completed and signed by the City Engineer. GRADING Design: 82, A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). 83. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 84. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 85. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 86. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. Perm it/Construction: 87. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 88. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 89. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 90. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) Planning Commission City Council 2/6/16 Page 12 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval 91. Export sites located within the Lake Elsinore City limits must have an active grading permit. 92. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 93. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 94. Review of the project Storm Water Pollution Prevention Plan (SWPPP) and sediment and erosion control plan shall be completed. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 95. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 96. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 97. Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement, Stephens Kangaroo Rat Habitat. PRIOR TO ISSUANCE OF BUILDING PERMIT 98. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 99. All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 100. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer. 101. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Planning Commission City Council 2/6/16 Page 13 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval Prior to Occupancy 102. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 103. All water and sewer improvements shall be completed in accordance with Water District requirements. 104. Proof of acceptance of maintenance responsibility of landscape areas and drainage facilities shall be provided. 105. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 106. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. 107. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 108. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2x 11" mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 109. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows: • Final Map(s) - GIS Shape files* and .tif of recorded map. • Improvement Plans — GIS Shape files' and .tif of approved as built mylar. • Grading Plans - .tif of approved as built mylar. "GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 110. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 111. All required public right-of-way dedications and easements, shall be recorded with a recorded copy provided to the City prior to final occupancy. Planning Commission City Council 2/6/16 Page 14 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval 112. Documentation of responsibility for slope maintenance along right-of-ways and open spaces to be maintained by the property owner or other entity shall be provided in a recordable format and recorded prior to occupancy/final. 113. All signing and striping and traffic control devices onsite and on Dexter Avenue and Third Street shall be installed. 114. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: • Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and • The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 115. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a "Covenant and Agreement' in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WQMP. 116. Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval. CITY OF LAKE ELSINORE FIRE MARSHAL GENERAL CONDITIONS 117. Riverside County Fire Department Lake Elsinore Office of the Fire Marshal - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Planning Commission City Council 2/6/16 Page 15 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 118. Blue Dot Reflectors- Blue retro -reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 119. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 2,750 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 400' and 225' maximum distance from any point on the street or road frontage to hydrant. Not less than 3 hydrants shall be provided to meet this criteria. 120. Super Fire Hydrants- Super fire hydrants (6" x 4" x 2-2 1/2"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 121. Minimum Access Standards- The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: • Twenty-nine feet (29') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. Along the private access located on the NE face of the building the access shall be increased to 30' to accommodate rescue operations in the event of a fire. • The required all weather vehicular access shall be able to support no less than 60,000 lbs. over 2 axles. • Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. • Turning Radius shall be 26' inside and 38' outside for all access roads. 122. Secondary Access- In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. 123. Separation of Occupancy- A fire barrier wall for the separation of occupancies is required per the California Building Code. Fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be effectively and permanently identified with signs Planning Commission City Council 2/6/16 Page 16 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than .5 inch in height, incorporating the suggested wording "FIRE AND/OR SMOKE BARRIER—PROTECT ALL OPENINGS," or other wording. PRIOR TO BUILDING PERMIT ISSUANCE 124. Plan Check Fee- Building plan check fees shall be made payable to the "City of Lake Elsinore", and shall be submitted to the Fire Department at the time of plan submittal. 125. Water System Plans- Applicant and/or developer shall submit 2 sets of water system plans to the Fire Department for review. The plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 126. Prior to Building Construction Verification- This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During said inspection all permanent road signs shall be in place, all hydrants shall on operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. PRIOR TO BUILDING FINAL INSPECTION 127. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the seismic and gravity loads for the support of the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 128. Automatic and/or Manual Fire Alarm System- Install a manual and/or automatic fire alarm system as required by the California Building Code, California Fire Code and designed in accordance with adopted standards. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with NFPA 72. A C-10 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. Planning Commission City Council 2/6/16 Page 17 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval 129. Designated Fire Lanes- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. 130. Knox Rapid Entry Box- A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 131. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Contact Fire Dept. for proper placement of equipment prior to installation. 132. Hood/Duct Suppression System- A UL 300 hood/duct fire extinguishing system must be installed over the cooking Equipment as required by the California Fire Code, California Mechanical Code and adopted standards. The extinguishing system must automatically shut -down gas and /or electricity to all cooking appliances upon activation. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. DEPARTMENT OF ADMINISTRATIVE SERVICES 133. Prior to the issuance of the first building permit, the applicant shall consent to the formation of Community Facilities District or annex into the proposed Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right of way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall, make a seven thousand five hundred dollar ($7,500) non-refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the on-going operation and maintenance of the public right of way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right of way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project in lieu of Planning Commission City Council 2/6/16 Page 18 of 19 CDR 2015-09 & Conditional Use Permit 2016-03 Conditions of Approval creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124. Planning Commission City Council 2/6/16 Page 19 of 19 N2 TRAFFIC ENGINEERING, Inc. September 8, 2015 Joseph Karaki Western States Engineering, Inc. 4887 E. La Palma Ave, Ste 707 Anaheim, CA 92807 Re: Parking Review- La Quinta Hotel NEC Dexter Ave and Third St, Lake Elsinore Dear Joseph, Per your request, 1 have conducted a shared parking study for the proposed La Quinta Hotel on Dexter Avenue in the City of Lake Elsinore. This letter presents our methodology, findings, and recommendations in regards to on-site parking. PROPOSED DEVELOPMENTS The proposed La Quinta Hotel includes a four-story building of 63 hotel rooms. This proposed hotel does not contain any public meeting room, banquet room, restaurant, and bar. The site is situated on a vacant land at the northeast corner of Dexter Avenue and Third Street in the City of Lake Elsinore. The site plan is shown in Exhibit 1. PARKING REQUIREMENT The proposed La Quinta Hotel features 63 rooms and suites, no public meeting room, banquet room, restaurant, and bar. The maximum work shift would be 9 persons. Based on Zoning Codes of the City of Lake Elsinore, parking requirements for the project are shown in Table 1. K2 Traffic Engineering Inc. 1442 hvuw Blvd, Suite210, Tustin, CA 92780 '1'.714-832-21 16 Nmaih kh,W k2o a rl ic.cam Parkin,, Review- Lo Qninta Hotel September 8, 20/5 NEC of Dexter Ave and Third St, Lake Elsinore Page ' of 3 'Fable 1. Parking.Requirements per Zoning Codes Unit Required Calculation Parking Room/Suite 63 1 per room/suite (63 rooms, 100% occupancy) Room/Suite 1 per 3 employees at largest work shift (9 Employee 3 employees) Meeting and 0 1 per 3 persons to the max capacity of each Banquet Room 0 public meeting and/or banquet room Restaurant 0 50% of the space otherwise required for and Bar 0 accessory uses (e.g. restaurants and bars) Total 66 accessory uses (e.g. restaurants and bars) The above calculations based on Zoning Codes assume 100% occupancy of the proposed hotel rooms. However, hotels in rural areas similar to the project site are rarely fully booked under normal circumstances. Research indicates that the national average of hotel occupancy is under 65% for each year in the past decade. To estimate it reasonable parking demand at peak usage, this review uses a conservative 85% occupancy rate and projected parking demand is shown in Table 2. Table 2. Projected Parking Demand Unit Required ` Calculation Parking— 54 1 per occupied room/suite (85% of 63 room = Room/Suite 53.5 occupied room) 1 per 3 employees at largest work shift (9 Employee 3 employees) Meeting and 0 1 per 3 persons to the max capacity of each Banquet Room public meeting and/or banquet room Restaurant and 0 50% of the space otherwise required for Bar accessory uses (e.g. restaurants and bars) Total 57 K2 Traffic Engineering Inc. 1442 hvinc tiled, Suite 210, Tustin, ('A 92780 '1 '114-832-2116 FnmiI khsu(alk2tni ni e.cam Parking Review - La Qu61m Hotel September 8, 2015 NEC of Dexter Ave and Third St, Lake Elsinore Paget 3 of 3 SUMMARY Based on 85% occupancy rate, the projected parking demand is 57 spaces. The proposed development with 60 on-site parking spaces should provide sufficient parking for the proposed uses. In the event of special occasion when unusually high parking demand are expected, the hotel should make arrangements for remote parking sites, shuttles, and/or alternative transportation based on the actual demand. Regards, K2 Traffic Engineering, lite. .lende "Kay" Hsu, T.F. California Licensed TR K2 Traffic Engineoring, Inc. 1442 1r,ine Blvd, Suite 210, 'rnsI in, CA 92790 '1'.714-872-2116 P;niad: khsu(q)k2trt0'I'it.wm E a g a e � w i m 1 � � c I i a, W ! J i AR r U r 1 Q `+ a Z + 1 [�Gq�[�(oO0000C�GICI�IOooOO oo El OD I> a Z h V r k s w gN z nwo m'urvvwn 0 o 's P e °z 3 d9.. , w 8 ;'1. ., e J Q yiy _ V Ca O a 9 w i U L R J O I O a U z LL . 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Y N Z2N F Oz F U W k' S�v � mr.= P: m3,y Eo `om3.o 2 e�c sdMM, j EjN �nE � pv ^vE O >�>'6 >QEw e.l. rt Eie o p� uPiE MH KO( — lis_ z e� n _ •` E 151 L 0 2� Z! ��2 � �€ � wrv� e cEv� Q•i �au�2$ c ti� a � w p � �lil iii I G �i 7 4 a F, c' lis_ z e� n _ •` E 151 L 0 2� Z! ��2 � �€ � wrv� e cEv� Q•i �au�2$ c ti� a � w p � �lil iii I G �i 7 4 lis_ z e� n _ •` E 151 L 0 2� -C> C ��2 n _ •` E E E 0 2� -C> C ��2 5R �€ � wrv� e cEv� Q•i �au�2$ c ti� a n _ •` E E E 0 2� -C> C ��2 u wrv� i� cEv� Q•i �au�2$ i I I 1 l I I 1 I� .;4it � Sf i E J ;j. r \� N W Q F U) 2 W I- IA N W 3 F771 City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 p'?q w .lake-elsinore org Text File File Number: ID# 16-085 Agenda Date: 2/23/2016 Version: 1 Status: Approval Final In Control: City Council File Type: Report Agenda Number: 13) City o/ Lake Elsinore Page 1 Printed on 2118/2816 CIT) 0I LAKE L&II REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT YATES CITY MANAGER DATE: FEBRUARY 23, 2016 SUBJECT: Extension of Time for Tentative Tract Map No. 30836 Recommendation Adopt Resolution No. 2016- A Resolution of the City Council of the City of Lake Elsinore, California, Denying the Request for an Extension of Time for Vesting Tentative Tract Map No. 30836. Background On January 13, 2004, the City Council approved Vesting Tentative Tract Map (VTTM) 30836 and VTTM 28214. Both maps had an initial two year term and, absent an extension, would expire on January 13, 2006. On January 9, 2006, the City received a letter from the subdivider referencing both VTTM 28214 and VTTM 30836 and requesting confirmation from City staff that the VTTM 30836 was eligible for a three year extension of time pursuant to Section 66452.6 (a)(1) of the Subdivision Map Act. Section 66452.6 (a)(1) provides for automatic three year extensions up to a maximum of 10 years, when two specific criteria are met: (i) a requirement to expend $236,790 in offsite public improvements, and (ii) recordation of a phased final map. Despite the fact that a phased final map had not been recorded for VTTM 30836 as required by Section 66452.6, by letter dated February 27, 2006, the then Community Development Director and the City Engineer confirmed an extension of VTTM 30836 to January 13, 2009. In contrast, VTTM 28214 originally approved at the same time had complied with the requirements of Section 66452.6 and was properly extended to January 13, 2009. VTTM 28214 was then accorded several additional extensions by the California Legislature during the recession. Most recently, on February 9, 2016, the City Council approved an application for a discretionary extension of VTTM 28214. Extension for VTTM 30836 February 23, 2016 Page 2 Discussion The City Attorney, City staff and the subdivider have previously discussed the status of its various tentative tract maps. Through these discussions, it was learned that VTTM 30836 had not met the requirements for an extension under Section 66452.6 in 2006 and that the February 27, 2006 letter was in error. The subdivider, Castle & Cooke, was informed of the error contained in the February 27, 2006 letter and notified by the City Attorney that VTTM 30836 had expired. In response, the subdivider asserted that it relied on the City's February 27, 2006 letter confirming the extension of VTTM 30836 and that the City should be estopped from asserting that VTTM 30836 expired in 2006. The City Council conferred with the City Attorney in closed session on December 1, 2105. Following that consultation and additional communications with the subdivider, the subdivider reiterated its request that that the City Council formally consider its application for the extension of VTTM 30836 at a public meeting and that the subdivider have the opportunity to directly address its position to the City Council. While VTTM 30836 expended the required $236,790 in offsite improvements, no final map had been approved or recorded in order to qualify VTTM 30836 for the original extension request under Section 66452.6. Once expired, a tentative map is not eligible for a discretionary extension. Accordingly, because VTTM 30836 expired in 2006, the recommendation is to adopt the attached Resolution denying the extension request. Environmental Determination The California Environmental Quality Act (CEQA) does not apply to project which a public agency rejects or disapproves (CEQA Guidelines Section 15270). Fiscal Impact The time and costs related to processing this extension of time request have been covered by the Developer Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Prepared by: Justin Kirk, Principal Planner Reviewed by: Grant Taylor, Community Development Director Approved by: Grant Yates, City Manager Extension for VTTM 30836 February 23, 2016 Page 2 Attachment: 1. Vicinity Map 2. Tentative Tract Map 30836 Extension of Time Resolution 3. Tentative Tract Map No. 30836 Vicinity Map SI ,o RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING THE REQUESTED EXTENSION OF TIME FOR VESTING TENTATIVE TRACT MAP NO. 30836. WHEREAS, VTTM 30836 was approved by the City Council of the City of Lake Elsinore on January 13, 2004 for an initial two year term; and WHEREAS, Castle and Cooke Alberhill Home Building Inc., submitted a request for an extension of time for Tentative Tract Map No. 30836 on December 8, 2015; and WHEREAS, Lake Elsinore Municipal Code Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, on February 23, 2016, at a duly noticed public hearing the City Council has considered the recommendation of City staff as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Vesting Tentative Tract Map No. 30836 and all of the evidence presented prior to making its decision on the application to extend the life of the map. SECTION 2. That in accordance with the California Subdivision Map Act (SMA; Cal. Gov. Code Section 66000 et. seq.) and the City of Lake Elsinore Municipal Code Section 16.24.160, the City Council makes the following findings for the denial of an extension of time for Vesting Tentative Tract Map No. 30836: 1. Vesting Tentative Tract Map 30836 did not qualify for an automatic extension of time under the SMA and an application for a discretionary extension was not timely filed. 2. Vesting Tentative Tract Map 30836 expired on January 13, 2006 is not eligible for the granting of a discretionary extension of time. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby denies the requested extension of time for Vesting Tentative Tract Map No. 30836, SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2016-_ Page 2 of 3 PASSED, APPROVED AND ADOPTED on this 23`d day of February, 2016. Brian Tisdale, Mayor City of Lake Elsinore City Council ATTEST: Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2016 - Page 3 of 3 STATE OF CALIFORNIA l SS COUNTY OF RIVERSIDE I CITY OF LAKE ELSINORE I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016- was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the 23`d day of February, 2016, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC, City Clerk Agenda Date: 2/23/2016 In Control: City Council Agenda Number: 14) City of Lake Elsinore Text File File Number: ID# 16-086 Version: 1 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 2/18/2016 CI I ()1 a=w: I}liIANA REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: February 23, 2015 SUBJECT: Municipal Code Amendment No. 2016-02 — An Amendment of Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient Landscape Requirements Recommendation 1. Introduce by title only and waive further reading of Ordinance No. 2016-_, An Ordinance of the City of Lake Elsinore, California, Amending and Restating Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient Landscape Requirements. 2. Authorize the Community Development Director or designee to send a letter, with supporting documentation on behalf of the City Council notifying the California Department of Water Resources of the City's adoption of the Ordinance Amending and Restating Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient Landscape Requirements, following the second reading of the Ordinance. Background In September 1990, California Governor Pete Wilson signed Assembly Bill (AB) 325 which directed the California Department of Water Resources ("DWR") to adopt a State Model Water Efficient Landscape Ordinance (the "State Model Ordinance") by January 1, 1992. AB 325 further required that by January 1993 local agencies adopt their own local water efficient landscape ordinance, adopt the State Model Ordinance, or make a statement that due to water availability and other factors, an ordinance was not necessary. An advisory taskforce of interested stakeholders prepared a State Model Ordinance in response to AB 325. In 1992, the City of Lake Elsinore adopted the State Model Ordinance which was codified into the Lake Elsinore Municipal Code (LEMC) under Chapter 19.08. CITY COUNCIL STAFF REPORT MCA 2016-02 - Water Efficient Landscape Requirements February 23, 2016 Page 2 of 5 In 2006, the California Legislature passed AB 1881, the "Water Efficiency in Landscaping Act of 2006" which was signed into law by Governor Arnold Schwarzenegger in September 2006. DWR updated the State Model Ordinance in compliance with AB 1881. AB 1881 also required local agencies, to adopt the revised State Model Ordinance or an ordinance that was efficient as or more efficient than the State Model Ordinance in terms of conservation of water no later than January 1, 2010. On December 22, 2009, the City Council approved a revision of Chapter 19.08 in compliance with AB 1881. (Attachment 3) On April 1, 2015, Governor Edmund G. Brown Jr issued Executive Order B-29-15 mandating water conservation efforts, includiiig directing DWR to update the State Model Ordinance. An updated State Model Ordinance (Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations) was subsequently approved by the California Water Commission on July 15, 2015. As with previous versions of the State Model Ordinance, the DWR posted "Guidelines for California Local Agencies" on its web site that advised local agencies that they had until December 1, 2015 to adopt the State Model Ordinance, amend an existing or adopt a new local ordinance to meet the requirements of the State Model Ordinance, or take no action and allow the State Model Ordinance go into effect by default. The local agency is also allowed to let the State Model Ordinance go into effect by default and then adopt a local ordinance at a later date. On May 28, 2015, the Elsinore Valley Municipal Water District (EVMWD) approved and adopted Water Efficient Landscape Standards for adoption by local agencies. (Attachment 2) Project Description In response to the State's mandate to update the City's Water Efficient Landscaping Requirements and EVMWD's request that the City consider adopting EVMWD's approved standards, staff has prepared the attached revision to Municipal Code Chapter 19.08. The subject revision of Chapter 19.08 incorporates most of the provisions adopted by EVMWD. However, some of the provisions adopted by EVMWD have been modified to better reflect the provisions set forth in the State Model Ordinance. Additional provisions have been added, based upon the current Chapter 19.08 provisions regarding the requirements for submittal and approval of landscaping and irrigation plans. In conjunction with its preparation of the proposed Chapter 19.08 revisions, staff consulted with its landscaping and irrigation consultant Steven Sanhamel of Sustainable Civil Engineering Solutions; who reviewed the revisions for clarity, consistency with the State Model Code, and their ability to be implemented. Mr. Sanhamel's suggested corrections have been incorporated into the proposed revisions. CITY COUNCIL STAFF REPORT MCA 2016-02 - Water Efficient Landscape Requirements February 23, 2016 Page 3 of 5 Copies of the draft Municipal Code revisions and the final version of the revisions were also provided to Mr. Matthew Conway, Water Efficiency and Educational Specialist at EVMWD for his review and comments. In an e-mailed response to staff's request for a review of the final version of the revisions to Chapter 19.08, Mr. Conway stated "I have had a chance to review the document and it looks great. No comments from me." (See attached February 3, 2016 e-mail). Discussion of the City's Proposed Ordinance Perhaps the most significant change from the current version of Chapter 19.08 is that all new development projects are subject to its provisions if the project requires a building or landscape permit, plan check or design review. The current provisions are applicable only when total landscape areas equal or exceed thresholds that range from 2,500 square feet to 5,000 square feet. The revised provisions comply with the provisions adopted by EVMWD. (It is noted that the State Model Ordinance has thresholds that range from 500 square feet to 2,500 square feet.) The proposed revised Chapter 19.08, will apply to all of the following landscape projects when they require a building or landscape permit, plan check or design review: 1. New construction and rehabilitated landscapes for public agency projects and private development projects; 2. New construction and rehabilitated landscapes which are developer -installed in single-family and multi -family projects; 3. New construction and rehabilitated landscapes which are homeowner - provided and/or homeowner -hired in single-family and multi -family residential projects. 4. New and rehabilitated cemeteries, parks and schools. Only those provisions that describe landscaping and irrigation standards and water conservation requirements (LEMC 19.08.070, 19.08.080 and 19.08.130) will apply to: 1. Rehabilitated landscapes which are homeowner -provided and/or homeowner - hired for existing single-family residences. As set forth in the current and proposed provisions of Chapter 19.08 and the State Model Ordinance, the following are exempt from the its provisions: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years, 3. Mined -land reclamation projects that do not require a permanent irrigation system; and 4. Botanical gardens and arboretums open to the public. CITY COUNCIL STAFF REPORT MCA 2016-02 - Water Efficient Landscape Requirements February 23, 2016 Page 4 of 5 The proposed Chapter 19.08 retains the current requirement that in the event Covenants, Conditions and Restrictions ("CC&Rs") are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water - intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of Chapter 19.08 in connection with common area/open space landscaping. Additionally, such a condition shall also require the CC&Rs to incorporate provisions concerning landscape irrigation system management and maintenance consistent with Chapter 19.08. The CC&Rs shall not prohibit use of low water use plants or the replacement of turf with less water intensive plant species. Consistent with the current provisions of Chapter 19.08, the revised piuvisiuns will riot require landscaping of common areas or open space that is intended to remain natural. Annual Reporting Requirements Executive Order B-29-15 and the State Model Ordinance require local agencies to report on the implementation and enforcement of their single agency Local Ordinances to DWR by December 31, 2015. Reporting for all agencies is due by January 31st of each year thereafter. In the initial reporting, a local agency states whether they are adopting a single agency ordinance or a regional agency ordinance, and specifies the date of adoption or anticipated date of adoption. Staff has advised DWR by telephone call and e-mail of its preparation of a local ordinance and its current status. As part of the City Council's action regarding the proposed revisions to Chapter 19.08, staff is requesting City Council authorization for the Community Development Director or designee to submit formal notification on behalf of the City Council to the California Department of Water Resources of the City's adoption of the Ordinance following the second reading. Environmental Determination The proposed amendment of Chapter 19.08 of the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. 'CEQK) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et sec.), specifically pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) which exempt actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration or enhancement of a natural resource or the protection of the environment where the regulatory process involves procedures for protection of the environment. As separate and independent grounds, the amendment of Chapter 19.08 is exempt from the application of CEQA by Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no possibility that adoption of Municipal Code Amendment No. 2016-02 may have a significant effect on the environment. These findings are based on the fact that the proposed amendment is mandated by the State of California, the revised Chapter 19.08 promotes the CITY COUNCIL STAFF REPORT MCA 2016-02 - Water Efficient Landscape Requirements February 23, 2016 Page 5 of 5 conservation and efficient use of a natural resource (water) and that no new development is authorized, no increase in density will occur, and no change in allowed uses is proposed or authorized and no significant physical change in the environment will occur. Fiscal Impact Costs have been incurred for staff time to research, draft and process the ordinance. No increase in expenditures or revenues are anticipated as a part of this Municipal Code Amendment. Prepared by: Richard J. MacHott, LEED Green Associate Planning Manager Reviewed by: Grant Taylor Director of Community Development Approved by: Grant Yates City Manager Attachments: 1. Ordinance No. 2016- : An Ordinance of the City of Lake Elsinore, California, Amending and Restating Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient Landscape Requirements 2. EVMWD Adopted Water Efficient Landscape Standards 3. Current LEMC Chapter 19.08 4. E-mail from EVMWD dated February 3, 2016 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING TITLE 19, CHAPTER 19.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS WHEREAS, Chapter 19.08 (Water Efficient Landscape Requirements) of the Lake Elsinore Municipal Code ("LEMC") was most recently revised by the City Council with its approval of Ordinance No. 1269 on December 22, 2009 in compliance with the requirements of the Water Efficiency in Landscaping Act of 2006 (AB 1881); and WHEREAS, on April 1, 2015 the Governor of the State of California issued Executive Order B-29-15 mandating water conservation efforts, including directing California Department of Water Resources ("DWR") to update the State Model Water Efficient Landscape Ordinance; which was subsequently updated DWR and approved by the California Water Commission on July 15, 2105; and WHEREAS, the City of Lake Elsinore is required to take one of the following actions: (1) adopt the State Model Water Efficient Landscape Ordinance ("State Model Ordinance"), (2) amend an existing or adopt a new local ordinance to meet the requirements of the State Model Ordinance, (3) take no action and allow the State Model Ordinance go into effect by default, or (4) allow the State Model Ordinance to go into effect by default and then adopt a local ordinance at a later date; and WHEREAS, the City desires to amend and restate LEMC Chapter 19.08 in order to meet the requirements of the State Model Ordinance; and WHEREAS, on February 23, 2016, at a duly noticed public hearing, the City Council has considered the proposed amendment of Chapter 19.08 as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed amendment and restatement of LEMC Chapter 19.08 and finds and determines that the proposed Water Efficient Landscape Requirements are "at least as effective as" the minimum requirements included in the State's Model Ordinance. SECTION 2. The City Council hereby finds and determines that the proposed amendment of Chapter 19.08 of the LEMC is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. "CEQA") and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15307 (Class 7) and Section 15308 (Class 8) which exempt actions taken by regulatory CITY COUNCIL ORDINANCE NO. 2016 - Page 2 of 19 agencies as authorized by state law or local ordinance to assure the maintenance, restoration or enhancement of a natural resource or the protection of the environment where the regulatory process involves procedures for protection of the environment. As separate and independent grounds, the amendment of Chapter 19.08 is exempt from the application of CEQA by Section 15061(b)(3) (common sense exemption) in that it can be seen with a certainty that there is no possibility that adoption of Municipal Code Amendment No. 2016-02 may have a significant effect on the environment. These findings are based on the fact that the proposed amendment is mandated by the State of California, the revised Chapter 19.08 promotes the conservation and efficient use of a natural resource (water) and that no new development is authorized, no increase in density will occur, and no change in allowed uses is proposed or authorized and no significant physical change in the environment will occur. SECTION 3. Chapter 19.08 of the Lake Elsinore Municipal Code is hereby amended and restated in its entirety to read as follows: Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Sections: 19.08.010 Short title. 19.08.020 Purpose and intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Provisions for the review and certification of landscaping and irrigation 19.08.060 Project information 19.08.070 Planting plan requirements 19.08.080 Irrigation design plan requirements 19.08.090 Soil management requirements 19.08.100 Grading design plan requirements 19.08.110 Certificate of completion. 19.08.120 Cemeteries, parks and schools. 19.08.010 Short title. This chapter shall be known as the "Water Efficient Landscape Requirements Ordinance." 19.08.020 Purpose and intent. It is the intent of the City Council of the City of Lake Elsinore in adopting the ordinance codified in this chapter to: A. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; CITY COUNCIL ORDINANCE NO. 2016 - Page 3 of 19 C. Reduce water demands from landscapes without a decline in landscape quality or quantity; D Retain flexibility and encourage creativity through appropriate design; E. Establish provisions for water management practices and water waste prevention that eliminate water waste from overspray and/or runoff; F. Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount; G. Assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of sixty percent (60%) of its reference evapotranspiration (ETO) or any lower percentage as may be required; and H. Achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program. 19.08.030 Definitions. The terms used in this chapter have the meaning set forth below: "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Landscape Irrigation Designer program. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. "Check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. "Controller" means an automatic timing device used to remotely control valves to operate an irrigation system. A "smart irrigation controller" is a weather -based irrigation controller or a self-adjusting irrigation controller. A "weather -based controller" is a controller that uses evapotranspiration or weather data to determine when to irrigate. A "self-adjusting irrigation controller" is a controller that uses sensor data (i.e., soil moisture sensor). CITY COUNCIL ORDINANCE NO. 2016 - Page 4 of 19 "Conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year. "Drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall' (Eppt) means the portion of total precipitation which becomes available for plant growth. "Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. "Estimated Total Water Use" (ETWU) is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). This cannot exceed the MAWA. "ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.43 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.75. The ETAF for new and existing (non -rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing, non -rehabilitated landscapes is 0.80. "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. "Hardscapes" means any durable material (pervious and non -pervious). "Homeowner -provided landscaping" means any landscaping either installed by a private individual for a single-family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for the purposes of this chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. CITY COUNCIL ORDINANCE NO. 2016 - Page 5 of 19 "Hydrozone" (HA) means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by County agricultural agencies as noxious species. "Noxious" weeds means any weed designated by the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. 'Irrigation audit' means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. "Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems. Greater irrigation efficiency can be expected from well designed and maintained systems. "Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system, "Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. "Landscape architect" means a person who holds a license to practice landscape architecture pursuant to Business and Professions Code section 5615. "Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not includes footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g. open spaces and existing native vegetation). "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape project" means the total area of landscape in a project as defined in 'landscape area" for the purposes of this chapter. CITY COUNCIL ORDINANCE NO. 2016 - Page 6 of 19 "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local agency" means a city or county, including charter city or charter county, that is responsible for adopting and implementing this chapter. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. "Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes or water slowly at or near the root zone of plants. "Main line" means the pressurized pipeline that delivers water from the water sources to the valve or outlet. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET- Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigation with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. "Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. "Mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "New construction" means, for the purposes of this Ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. "Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). "Overspray" means the irrigation water which is delivered beyond the target area. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. CITY COUNCIL ORDINANCE NO. 2016 - Page 7 of 19 "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" or "plant water use factor" (PF) is a factor, when multiplied by ETO, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor for moderate water use plants range from 0.4 to 0.6, for low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. Plant factors cited in this chapter are derived from the Department of Water Resources 2014 publication, "Water Use Classification of Landscape Species." "Precipitation rate" means the rate of application of water measures in inches per hour. 'Project applicant' means the individual or entity submitting a landscape documentation package to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. "Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. "Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. "Recycled water," 'reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETO" means a standard measurement of environmental parameters which affect the water use of plants. ETO is given expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tail, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Refer to the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. "Rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, or design review. "Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. "Soil texture" means the classification of soil based on its percentage of sand, silt, and clay. CITY COUNCIL ORDINANCE NO. 2016 - Page 8 of 19 "Special Landscaped Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. "Sprinkler head" means a device which delivers water through a nozzle "Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operate simultaneously. "Swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. "Turf means a ground cover surface of mowed grass. Annual blue grass, Kentucky blue grass, Perennial rye grass, Red fescue, and Tall fescue are cool - season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conserving plant species" means a plant species identified as having a low plant factor. "Watering window" means the time of day irrigation is allowed. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources (2014 or most current WUCOLS version). 19.08.040 Applicability. This chapter shall apply to all of the following landscape projects: A. New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review; B. New construction and rehabilitated landscapes which are developer - installed in single-family and multi -family projects requiring a building or landscape permit, plan check or design review; C. New construction and rehabilitated landscapes which are homeowner - provided and/or homeowner -hired in single-family and multi -family residential projects when a building or landscape permit, plan check or design review is required. D. Rehabilitated landscapes which are homeowner -provided and/or homeowner -hired for existing single-family residences shall be limited to compliance with the provisions of LEMC 19.08.070, 19.08.080 and 19.08.130. CITY COUNCIL ORDINANCE NO. 2016 - Page 9 of 19 E. New and rehabilitated cemeteries, parks and schools. F. In the event Covenants, Conditions and Restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water -intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance consistent with this chapter. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low water use plants or the replacement of turf with less water intensive plant species. G. The following are exempt from the provisions of this chapter: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years; 3. Mined -land reclamation projects that do not require a permanent irrigation system; and 4. Botanical gardens and arboretums open to the public. 19.08.050 Provisions for the review and certification of landscaping and irrigation. A. An applicant proposing any new or rehabilitated landscape subject to this chapter shall prepare and submit an application to the Community Development Director or designee, for review and approval, documentation including, but not limited to the following: 1. Project information conforming to LEMC 19.08.060; 2. Planting plan conforming to LEMC 19.08.070; 3. Irrigation design plan conforming to LEMC 19.08.080; 4. Soil management plan conforming to LEMC 19.08.090, and 5. Grading design plan conforming to LEMC 19.08.100. B. The planting plan and irrigation plan shall be reviewed to ensure that all components of the plans adhere to the requirements of this chapter. No certificate of occupancy or other final City approval shall be issued until the City reviews and approves the landscape and irrigation plans and the landscape and irrigation are installed in accordance with the approved plans and inspected for completion and consistency with approved plan by City staff. A copy of the approved landscape and irrigation plans and conditions of approval shall be provided to the property owner or site manager along with -any other information normally forwarded to the property owner or site manager. CITY COUNCIL ORDINANCE NO. 2016 - Page 10 of 19 19.08.060 Project information. The applicant shall complete and submit to the Community Development Director or designee a project information sheet containing, at a minimum, the following information: A. The date that the project information sheet is submitted. B. The applicant's name and the applicant's contact information. C. The project owner and the project owner's contact information. D. The project address including parcel and lot numbers. E. Total landscape area (square feet). F. Project type (e.g., new, rehabilitated, public, private). G. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. H. The water purveyor name and date that information was attained. I. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." 19.08.070 Planting plan requirements. A. The "Riverside County Guide to California Friendly Landscaping" ("County Landscaping Guide"), Western Municipal Water District's Water -wise 140, or any other plant list that promotes the use of water efficient or California native plant materials is hereby incorporated by reference to assist with developing water efficient landscapes. Planting plans shall be, to the extent feasible, consistent with the County Landscaping Guide or, upon adoption, the City of Lake Elsinore Landscape Design Guidelines ("City Landscape Guide"). Upon adoption of the City Landscape Guide, planting plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together in regard to their water, soil, sun, and shade requirements and in relationship to buildings. Plants with different water needs shall be irrigated separately. Plants, or planting areas, with the following classifications shall be grouped accordingly, consistent with the Water Use Classification of Landscape Species (WUCOLS): moderate, low and very low. Deviation from these groupings shall not be permitted. C. Invasive species of plants, such as those indicated in the Riverside County Guide to California Friendly Landscapes and the California Invasive Plant Council, shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas. D. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 ''/2"). CITY COUNCIL ORDINANCE NO. 2016 - Page 11 of 19 E. Stabilizing erosion control products shall be used on slopes. F. Turf areas: 1. Backyard turf areas shall be used in response to functional needs and in compliance with the water budget. 2. Front yards and parkways shall consist of no turf and only have moderate to very low trees, plants, shrubs and groundcovers. G. Recycled water shall be used where available as the source for irrigation and decorative water features. H. Planting Plans shall identify and site the following: 1. New trees, existing trees (designated to be either protected or removed), shrubs, ground covers, and turf areas within the prnposed landscape area; 2. Designation of hydrozones; 3. Maximum Applied Water Allowance (MAWA): a. MAWA means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration (ET) - Adjustment Factor and the size of the landscape area. b. Planting Plans for Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: MAWA (in gallons) _ (ETo) (0.62) [(ETAF x LA)] where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) ETAF = ET Adjustment Factor (0.55 for residential areas and 0.45 for non-residential areas) LA = Landscape Area (square feet). C. Planting Plans for Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects with Special Landscape Areas shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: MAWA (in gallons) _ (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] where: MAWA = Maximum Applied Water Allowance ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) CITY COUNCIL ORDINANCE NO. 2016 - Page 12 of 19 ETAF= ET Adjustment Factor (0.55 for residential areas an 0.45 for non-residential areas) (ETAF for new and existing SLA's not to exceed 1.0) LA = Landscape Area including SLA (square feet). SLA = Special Landscape Area (square feet) d. For the purposes of determining the Maximum Applied Water Allowance (MAWA), irrigation efficiency is assumed to be 0.75 for overhead sprays and 0.81 for drip. Irrigation systems shall be designed, maintained, and managed to meet or exceed an irrigation efficiency of 0.75 for overhead sprays and 0.81 for drip. 4. Estimated Total Water Use (ETWU): a. ETWU is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). b. For Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects; ETWU for a given hydrozone is calculated as follows: ETWU (in gallons) _ (ETo) (0.62) (PF / IE) (HA) where: ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area in square feet. IE = Irrigation efficiency (0.75 for overhead sprays and 0.81 for drip). C. For Single-family Residential, Multi -family Residential, Commercial, Industrial and Institutional projects with Special Landscape Areas; ETWU for a given hydrozone is calculated as follows: where: and 0.81 for drip). ETWU (in gallons) _ (ETo) (0.62) [(PF / IE) (HA) + (1 x SLA)] ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area (square feet). IE = Irrigation Efficiency (average of 0.75 for overhead sprays SLA = Special Landscape Area (square feet) CITY COUNCIL ORDINANCE NO. 2016 - Page 13 of 19 d. Landscaping plans shall provide ETWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all ETWU calculations shall not exceed the MAWA for the project. e. The plant factor used shall be from the Water Use Classification of Landscape Species (WUCOLS). The plant factor for moderate water use plants range from 0.4 to 0.6, low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. f. All water features, such as fountains, shall be included in the water use calculations and shall be indicated as a high water use hydrozone. 19.08.080 Irrigation design plan requirements. A. Irrigation systems shall be designed, maintained, and managed to meet or excPPd nn average irrigation efficiency of 0.75 for overhead sprays and 0.81 for drip). B. All irrigation systems shall be designed to prevent runoff, over -spray, lowhead drainage and other similar conditions where water flows off-site on to adjacent property, non -irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. C. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. The irrigation controller shall be of a type that does not lose programming data in the event the primary power source is interrupted. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology (i.e., soil moisture sensors) may be required, where necessary, at the discretion of the City. 1. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non -potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board, the Riverside County Health Department, and the water purveyor. D. Separate valves shall be provided for separate water use planting areas, so that plants with similar, water needs may be irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency. E. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. CITY COUNCIL ORDINANCE NO. 2016 - Page 14 of 19 F. The capacity of the irrigation system shall not exceed: 1. the capacity required for peak water demand based on water budget calculations, 2. meter capacity; or 3. backflow preventer type and device capacity. G. Sprinkler heads and other emission devices shall have matched precipitation rates. H. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. 1. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. J. Long -narrow, or irregularly shaped areas including turf less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or low- volume irrigation technology. K. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the submittal and clearly demonstrates strict adherence to the irrigation design plan requirements. Prevention of overspray and runoff must be confirmed during the irrigation audit. L. Overhead irrigation shall be limited to the hours between 6 p.m. and 6 a.m. M. All irrigation systems shall be equipped with the following: 1. A smart irrigation controller as noted in LEMC 19.08.080.C; 2. A rain sensing device to prevent irrigation during rainy weather, 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; CITY COUNCIL ORDINANCE NO. 2016 - Page 15 of 19 5. A mainline pressure regulator when the static water pressure is 15% above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and 7. Riser protection components for all risers in high traffic areas. N. Dedicated landscape water meters shall be required for all projects with a landscape area equal to or greater than 5,000 square feet. Single-family residences and properties used for the commercial production of agricultural crops or livestock are exempt from this provision. 19.08.090 Soil management plan requirements. A. After mass grading, the project applicant or designee shall: 1. Perform a preliminary site inspection; 2. Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); 3. Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and 4. Obtain appropriate soil sample(s). B. The project applicant or designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: rate tables; 1. Soil texture; 2. Infiltration rate determined by laboratory test or soil texture infiltration 3. pH; 4. Total soluble salts; 5. Sodium; and 6. Recommendations. C. The project applicant or designee shall prepare documentation describing the following: 1. Soil type; 2. Identification of limiting soil characteristics; and 3. Identification of planned soil management actions to remediate limiting soil characteristics D. The project applicant or designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or designee pursuant to the requirement of LEMC 19.08.110. CITY COUNCIL ORDINANCE NO. 2016 - Page 16 of 19 E. Incorporate compost at a rate of at least 4 cubic yards per 1000 square feet to a depth of 6" into landscape areas (unless otherwise directed in site agronomic soils report) F. In project with multiple landscape installations, (i.e. production home developments), a soils sample rate of 1 in 7 lots, or approximately 15%, will satisfy the agronomic soils report requirement. 19.08.100 Grading design plan requirements. If applicable, the landscape documentation package shall include rough/precise grade elevation prepared for the project by a licensed civil engineer. 19.08.110 Certificate of completion. A. Certificate of Completion Requirements. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a Certificate of Completion shall be submitted to the City certifying that the landscaping has been completed in accordance with the approved planting, irrigation, plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and Certified Irrigation Auditor and shall include: 1. Date of the inspection; and 2. Project information including: a. Project name; b Applicant's name, telephone, and mailing address, c. Project address and location, d. Property owner name and mailing address. 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the certificate of completion). 4. A statement that the landscape has been installed in conformance with the approved planting and irrigation plans; 5. An Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached); 6. A statement that the smart irrigation controller has been set according to the irrigation schedule; 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; 8. A statement confirming that a copy of the approved landscape documentation package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. CITY COUNCIL ORDINANCE NO. 2016 - Page 17 of 19 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. B. Irrigation Audits .At a minimum, all landscape irrigation audits shall comply with the Irrigation Association's "Certified Landscape Irrigation Auditor Training Manual" and shall be conducted by a certified landscape irrigation auditor. Any Landscape Irrigation Auditor performing audits shall maintain a current certification. C. Inspections. The Director of Community Development or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this chapter. 19.08.120 Cemeteries, parks and schools. Recognizing the special landscape management needs of new and rehabilitated cemeteries, parks and schools; A. New cemeteries, parks and schools shall comply with the provisions of LEMC 19.08.050, 19.08.060, 19.08.070, 19.08.080, and 19.08.130 and use the following for MAWA and ETWU formulas: Planting Plans for new cemeteries, parks and school projects shall be prepared using the following Water Budget Formulas in order to determine the maximum applied water allowance: MAWA (in gallons) _ (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] where: MAWA = Maximum Applied Water Allowance ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) ETAF= ET Adjustment Factor (0.55 for residential areas an 0.45 for non- residential areas) (ETAF for new and existing SLA's not to exceed 1.0) LA = Total Landscape Area including SLA (square feet). SLA = Special Landscape Area (square feet) For new cemeteries, parks and school projects, ETWU for a given hydrozone is calculated as follows: ETWU (in gallons) _ (ETo) (0.62) [((PF / IE) (HA) + (1 x SLA)] where: ETWU = Estimated Total Water Use ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor PF = Plant Factor from WUCOLS HA = Hydrozone Area (square feet). IE = Irrigation Efficiency (0.75 for overhead sprays and 0.81 for drip). SLA = Special Landscape Area (square feet) CITY COUNCIL ORDINANCE NO. 2016 - Page 18 of 19 B. Existing cemeteries shall comply with LEMC 19.08.130. 19.08.130 Water conservation requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 6:00 p.m. to 6:00 a. m. B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off device, a low volume, high pressure cleaning machine equipped to recycle any water used, or a low volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than seven days, is prohibited. 19.08.140 Coordination with water purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure, B. Allocation -based conservation water pricing structure; C. A rate structure at least as effective as the above options; D. Irrigation audits and/or irrigation surveys, E. Penalties for water waste. SECTION 4. 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. CITY COUNCIL ORDINANCE NO. 2016 - Page 19 of 19 SECTION 5. 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 23rd day of February 2016, and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the day of , 2016. Brian Tisdale Mayor ATTEST: Susan Domen, MMC City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold City Attorney RESOLUTION NO. 15-05-05 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT TO PROPOSE WATER EFFICIENT LANDSCAPE STANDARDS FOR ADOPTION BY LOCAL AGENCIES WHEREAS, the continued prosperity of Elsinore Valley Municipal Water District (EVMWD or District), the local area, and the State is dependent on the availability of adequate supplies of water for current and future uses; and WHEREAS, it is the policy of EVMWD, local agencies within the territory supplied by EVMWD, and the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; and WHEREAS, landscapes are essential to the quality of life in the local area by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, the District recognizes that Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use; and WHEREAS, the District is implementing enforcement of water waste prohibitions for all existing metered landscaped areas within its jurisdiction; and WHEREAS, it is required that cities and counties within the territory served by EVMWD adopt a Water Efficient Landscape Ordinance that is "at least as effective as" the State's Model Ordinance or implement the State's Model Ordinance; and WHEREAS, EVMWD hereby proposes standards which are "at least as effective as" the minimum requirements included in the State's Model Ordinance, and which may be adopted by and referenced by local agencies in imposing conditions associated with planning decisions within their respective jurisdictions; and WHEREAS, EVMWD has met with stakeholders within local agencies and the development industry to develop the foregoing standards; and WHEREAS, the Board of Directors of EVMWD hopes that planning and land use agencies within its territory will require compliance with the foregoing landscaping standards, which are designed to preserve the health, safety, and welfare of EVMWD's residents, businesses and the general public. NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT HEREBY RESOLVES AS FOLLOWS: Section I. The District hereby specifically finds and declares that the statements, findings and determinations of the District set forth in the recitals herein are true and correct. Section 2. The District finds that consistent with these legislative findings, the purpose of this Resolution is to: (1) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; (2) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; (3) Reduce water demands from landscapes without a decline in landscape quality or quantity; (4) Retain flexibility and encourage creativlty through appropriate design; (5) Establish provisions for water management practices and water waste prevention that eliminate water waste from overspray and/or runoff; (6) Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount; (7) Assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of sixty percent (60%) of its reference evapotranspiration (ETO) or any lower percentage as may be required; and (8) Achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program. Section 3. The District proposes that local agencies within the service area of the District adopt the landscaping standards attached hereto and incorporated herein as Exhibit A either as conditions of approval for future land use applications or as regulatory standards for all development within their respective jurisdictions. Section 4. The Board hereby finds that this Resolution is not subject to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 2100 et seq.) pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378 (b) (2) (the activity is not a project as it involves general policy and procedure making) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and procedures for ensuring that water resources are conserved by reducing the water demands of landscaping. APPROVED AND ADOPTED this 28th day of May, 2015. Phil Williams, President of the Board of Directors of the Elsinore Valley Municipal Water District ATTR ) Terese Quin anar, Secretary for the Board of Directors for the Elsinore Valley Municipal Water District STATE OF CALIFORNIA ) ) ss: COUNTY OF RIVERSIDE ) I, Terese Quintanar, Secretary of the Board of Directors of the Elsinore Valley Municipal Water District, do hereby certify that the foregoing Resolution No. 15-05- 05, was duly adopted by said Board at its Regular Board Meeting held on May 28, 2015, and that it was so adopted by the following roll call vote: AYES: Cambero, Horton, Morris, Williams NOES: None ABSENT: Ryan ABSTAIN: None Terese Quintadarj,Secretary of the Board of Directors of the Elsinore Valley Municipal Water District EXHIBIT A PROPOSED LANDSCAPE STANDARDS PURPOSE A. The City finds that consistent with these legislative findings, the purpose of the following landscaping standards is to: 1. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; 2. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; 3. Reduce water demands from landscapes without a decline in landscape quality or quantity; 4. Retain flexibility and encourage creativity through appropriate design; 5. Establish provisions for water management practices and water waste prevention that eliminate water waste from overspray and/or runoff; 6. Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount; 7. Assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of sixty percent (60%) of its reference evapotranspiration (ETo) or any lower percentage as may be required; and 8. Achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program. II. APPLICABILITY A. This Chapter shall apply to all of the following landscape projects: 1. New construction and rehabilitated landscapes for public agency projects and private development projects requiring a building or landscape permit, plan check or design review 2. New construction and rehabilitated landscapes which are developer - installed in single family and multi -family projects requiring a building or landscape permit, plan check or design review; 3. New construction and rehabilitated landscapes which are homeowner - provided and/or homeowner -hired in single family and multi -family residential projects requiring a building or landscape permit, plan check or design review; and 4. Recognizing the special landscape management needs of new and rehabilitated cemeteries, parks and schools. III. PROVISIONS FOR THE REVIEW AND CERTIFICATION OF LANDSCAPING AND IRRIGATION An applicant proposing any new or rehabilitated landscape subject to this Chapter shall prepare and submit an application to the City for review and approval. The planting plan and irrigation plan shall be reviewed to ensure that all components of the plans adhere to the requirements of this Chapter. No certificate of occupancy or other final City approval shall be issued until the City reviews and approves the landscape and irrigation plans and the landscape and irrigation are installed in accordance with the approved plans. A copy of the approved landscape and irrigation plans and conditions of approval shall be provided to the property owner or site manager along with -any other information normally forwarded to the property owner or site manager. Applications submitted to the City shall include the following information: A. Planting Plan Requirements The following requirements shall be implemented in tandem with the landscape policies contained in the City's Landscape Design Guidelines. The "Riverside County Guide to California Friendly Landscaping" (Landscaping Guide), Western Municipal Water District's Water -wise 140, or any other plant list that promotes the use of water efficient or California native plant materials is hereby incorporated by reference to assist with developing water efficient landscapes. 2. Plant types shall be grouped together in regard to their water, soil, sun, and shade requirements and in relationship to buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly, consistent with the Water Use Classification of Landscape Species (WUCOLS): low and very low as noted in Appendix A. Deviation from these groupings shall not be permitted. 3. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas. 4. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 %"). 5. Stabilizing erosion control products shall be used on slopes. 6. Turf areas: a. Backyard turf areas shall be used in response to functional needs and in compliance with the water budget. b. Front yards and parkways shall consist of no turf and only have low to very low plants and shrubs as noted in Section III (2) in this Chapter 7. Recycled water shall be used where available as the source for irrigation and decorative water features. 8. Planting Plans shall identify and site the following: a. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area, b. Designation of hydrozones; C. Maximum Applied Water Allowance (MAWA): MAWA means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration (ET) - Adjustment Factor and the size of the landscape area. ii. Current formula and example of calculations are noted in Appendix B & C iii. For the purposes of determining the Maximum Applied Water Allowance (MAWA), average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. d. Estimated Total Water Use (ETWU): ETWU is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). This cannot exceed the MAWA Current formula and example of calculations are noted in Appendix B & C iii. Landscaping plans shall provide ETWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all ETWU calculations shall not exceed the MAWA for the project. iv. The plant factor used shall be from the Water Use Classification of Landscape Species (WUCOLS). The plant factor for low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. B. Irrigation Design Plan Requirements 1. Irrigation systems shall he designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 2. All irrigation systems shall be designed to prevent runoff, over -spray, lowhead drainage and other similar conditions where water flows off- site on to adjacent property, non -irrigated areas, walk, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 3. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology (i.e., soil moisture sensors) may be required, where necessary, at the discretion of the City. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non -potable water system shall be provided within the landscape plan. Water systems designed to utilize non -potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board, the Riverside County Health Department, and the water purveyor. 4. Separate valves shall be provided for separate water use planting areas, so that plants with similar, water needs may be irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency. 5. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. 6. The capacity of the irrigation system shall not exceed: a. the capacity required for peak water demand based on water budget calculations; b. meter capacity; or C. backflow preventer type and device capacity. 7. Sprinkler heads and other emission devices shall have matched precipitation rates. 8. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. 9. Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the submittal, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. 10. Long -narrow, or irregularly shaped areas including turf less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low-volume irrigation technology. 11. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. Allowable irrigation within the setback from non - permeable surfaces may include drip, drip line, or other low flow non - spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if: a. the landscape area is adjacent to permeable surfacing and no runoff occurs; or b. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or C. the irrigation designer specifies an alternative design or technology, as part of the submittal and clearly demonstrates strict adherence to the irrigation design plan requirements. Prevention of overspray and runoff must be confirmed during the irrigation audit. 12. Overhead irrigation shall be limited to the hours between 6 p.m. and 6 a. m. 13. All irrigation systems shall be equipped with the following: a. A smart irrigation controller as noted in this Section 111(13)(3) of this Chapter; b. A rain sensing device to prevent irrigation during rainy weather; C. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; d. A manual shut-off valve shall be required as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; e. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; f. Backflow prevention devices; and g. Riser protection components for all risers in high traffic areas 14. Dedicated landscape water meters shall be required for all projects with a landscape area equal to or greater than 5,000 square feet. Single- family residences and properties used for the commercial production of agricultural crops or livestock are exempt from this provision (California Water Code, Section 535). IV. CERTIFICATE OF COMPLIANCE A. Certificate of Compliance Requirements Prior to issuance of a certificate of occupancy or final inspection for a project subject to this Chapter, a Certificate of Compliance shall be submitted to the City certifying that the landscaping has been completed in accordance with the approved planting, irrigation, plans for the project. The Certificate of Compliance shall be signed by a licensed landscape architect and Certified Irrigation Auditor and shall indicate: 1. Date 2. Project information 1 The landscape has been installed in conformance with the approved planting and irrigation plans; 4. Irrigation audit report performed by a certified irrigation auditor after project installation (audit report shall be attached), 5. the smart irrigation controller has been set according to the irrigation schedule; 6. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; B. Irrigation Audits At a minimum, all landscape irrigation audits shall comply with the Irrigation Association's "Certified Landscape Irrigation Auditor Training Manual" and shall be conducted by a certified landscape irrigation auditor. This document can be found online at the Irrigation Association's website (hftp://www.irrigation.org/default.aspx). C. Inspections The City or his/her designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this Chapter. V. CEMETERIES, PARKS AND SCHOOLS New cemeteries, parks and schools shall comply with the provisions of Section III — Provisions for the Review and Certification of Landscaping and Irrigation and use Appendix C for MAWA and ETWU formulas. VI. DEFINITIONS The terms used in this Chapter have the meaning set forth below: A. "applied water" means the portion of water supplied by the irrigation system to the landscape. B. "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. C. "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Landscape Irrigation Designer program. D. "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization, or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. E. "check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads whon tho sprinkler is off. F. "controller" means an automatic timing device used to remotely control valves to operate an irrigation system. A smart irrigation controller is a weather - based irrigation controller or a self-adjusting irrigation controller. A weather - based controller is a controller that uses evapotranspiration or weather data to determine when to irrigate. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor). G. "conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year. H. "drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. 1. "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. J. "effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. K. "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. L. "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. M. "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. N. "Estimated Total Water Use" (ETWU) is estimated water use based upon the types of plant material used in your design (based upon WUCOLS classifications). This cannot exceed the MAWA. O. "ET adjustment factor" (ETAF) means a factor of 0.6, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site -wide average of 0.43 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET adjustment factor is (0.6) _ (0.6/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing, non -rehabilitated landscapes is 0.84. P. "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Q. "flow rate" means the rate at which water flows through pipes, valves, and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. R. "hardscapes" means any durable material (pervious and non -pervious). S. "homeowner -provided landscaping" means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner. A homeowner, for the purposes of this Chapter, is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. T. "hydrozone" (HA) means a portion of the landscaped area having plants with similar water needs. A hydrazone may be irrigated or non -irrigated. U. "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). V. "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by County agricultural agencies as noxious species. "Noxious" weeds means any weed designated by the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. W. "irrigation audit' means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. X. "irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Chapter is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. Y. "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. Z. "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. AA. 'landscape architect' means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code, Section 5615. BB. 'landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not includes footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel, or stone walks, other pervious or non -pervious hardscapes, and other non -irrigated areas designated for non -development (e.g. open spaces and existing native vegetation). CC. 'landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. DD. 'landscape project' means the total area of landscape in a project as defined in 'landscape area" for the purposes of this Chapter. EE. 'lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. FF. 'local agency" means a city or county, including charter city or charter county, that is responsible for adopting and implementing this Chapter. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. GG. 'local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service. HH. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes or water slowly at or near the root zone of plants. if. "main line" means the pressurized pipeline that delivers water from the water sources to the valve or outlet. JJ. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET- Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigation with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. KK. "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. LL. "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. MM. "new construction" means, for the purposes of this Ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. NN. "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. 00. "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). PP. "overspray" means the irrigation water which is delivered beyond the target area. QQ. "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. RR. "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. SS. "plant factor" or "plant water use factor" (PF) is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor for low water use plants range from 0.1 to 0.3, and very low water use plants are less than 0.1. Plant factors cited in this Chapter are derived from the Department of Water Resources 2000 publication, "Water Use Classification of Landscape Species." TT. "precipitation rate" means the rate of application of water measures in inches per hour. UU. "project applicant' means the individual or entity submitting a landscape documentation package to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. VV. "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. WW. "recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. XX. 'recycled water," 'reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non -potable uses such as landscape irrigation and water features. This water is not intended for human consumption. YY. 'reference evapotranspiration" or "ETo' means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tail, cool -season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Refer to the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. ZZ. 'rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, or design review. AAA. 'runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. BBB. "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. CCC. "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. DDD. "Special Landscaped Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. EEE. "sprinkler head" means a device which delivers water through a nozzle. FFF. "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. GGG. "station" means an area served by one valve or by a set of valves that operate simultaneously. HHH. "swing joint' means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. III. "turf means a ground cover surface of mowed grass. Annual blue grass, Kentucky blue grass, Perennial rye grass, Red fescue, and Tall fescue are cool -season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm -season grasses. JJJ. "valve" means a device used to control the flow of water in the irrigation system. KKK. "water conserving plant species" means a plant species identified as having a low plant factor. LLL. "watering window" means the time of day irrigation is allowed. MMM. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000 Appendix A WUCOLS Region Ba Br G Gc P Pn S Su T V N Bolanical Name Common Name 1 2 3 4 5 f S _ Abelmoschus- manihat (Nihiscus manihot) sunset muskmallow ? ? ?L ? I S^ N Abutilon palmeri Indian mallow L L L L M M S Acacia aneura mulga / L L L ! L _ T Acacia baileyaoa Bailey acacia L L L L I / _ S Acacia bocrrnanii Sno River wattle L L L L I L _ S T Acacia constricts whitethorn acacia ? L L L L L S Acacia craven i blue bush ? L L L ? ? S Acacia cultriformis knife acacia L L L L f / _ T Acacia dealbata silver wattle VL L L I T Acacia decurrens reen wattle VL L L L I / S Acacia lauco cera cla wattle L / L L f / S T N Acncm re ii catclaw acacia L L L L L L S _ Acacia ices h Ila willow wattle L L L L ? ? S T _ Acacia Ion Jolts S dne olden wattle L L L L / L T Acacia rnelano Ion blackwood acacia VL L L L Gc S Acacia rgtlolens rostrate acacia VL VL VL L L L S T Acacia Bali na blue leaf wattle L L L L I L _ T Acacia steno h ,Ila eumon /shoestrin acacia VL L L L _ S Acacia vestila hal wattle ? L L L ? ? T Acacia willardiana alo blanco / I / L I. / L S N Ace[>h-, califomica copper leaf / / VL L ? ? P _ Achilles clavennae silve arrow L L L L ! / P Achilles filwendulina fern leaf arrow L L L L '? '? _ Gc P _ Achiilea miilefolium (non-native h hric15 arrow (non-native h brlds} M L M L L I_ Gc P N Achilles millefolium CA native cultivars) arrow L L L L L L P N Acmis on claber Lolus sco arius) Ideer weed VL VL VL VL ? P N Acmispon ri itlus (Lotus ri is rock pea ? ? ? L ? ? S _ Atlenanthos drummondii woolly bush P _ Adenium obesum desert rose / I / L ! L Gc S N Adenostoma fascoulatum chemise VL VL VL VL / / P S Su T N Adenostoma s arsifolium red shanks/ribbonwood Aeonium s �.. Canary Island rose VL ? L L VL L VL L / / 1 1 T N Ae5CUh1$ califorri ca California buckeye P _ S Ac ave americana (and thick -leaved relatives)f a ave VL VL VL VL VL VL -- P S Agave attenuate (and thin -leaved relatives C a eve L L L L L L A cols flexuosa and cvs, peppermint tree Ailanthus altlssima tree of heaven VL VL L L L L IT_ Albizfa juiibnssin silk tree L L L L M M Bt N Allium sp Mostlyfrom GA or Mediterranean allium Allorasuarina verticillata (Casuarina atricta) coast beefWpod LS r SU N Aloe sop. (CA native and non-native) aloe L L L L / L B Bt S Alp spa tri h Ila lemon verbena Alstroamue it to h brids and cvs alstroemeria (li tu) Alstroemeria son hybrids and cvs. Peruvian lily L L L L M NI L '? M L L 1. L L ? % ? M S AI o ne hakeifolia red centered hibiscus 1 f L L I l Bt. _ A�ogyne hugggblue hibiscus Amar His belladonna naked lady L L VL VL L VL L VL / M L L Gc S _ Ambrosia mpnop ra {F{ ntenodpa nano ra) burrow bush N Ambrosia pumila San Diego ragweed ? 9 ? VL VL VL VL VL VL VL ? ? S N Aneglanchier ulahensis Utah service berry M M ? L ? ? S N Aniorpha californica (shade) California false indigo bush L ? L L ? _ a _ _ N Amorpha fruticosafalse indigobush '? ? M L M ? P Anac cius > rethrum depressus Mount Atlas daisy M M L L ? P_ N Aria )hats mar aritacea earl everlastinq L M L L ? ? B Anemone coronaria no iP -flowered anemone L M ? VL ? P Ani ozanthos bicolor two-colored kangaroo paw L? M L I I P Air ozanthos flavidus kangaroo paw. L L M L ! _/ P P _ Anigozanihos hybrids &cvs kangaroo paw L L _ M L / 1 Arnc ozanthos man les,i red andreen kangaroo a L ? M L _ P Ani ozanthos rufus red ken aroo paw L ? M L 1 I f' lanigozanthos vn'i9is reen ken, aroo paw L i_ M L S Ansacenthus s A _ desert honeysuckle ?? L L L L Appendix A WUCOLS Region Ba UT G U"c P Prr :i Su 7 V N Botanical Name Common Name 1 2 3 4 5 6 _ Gc V A�onon leptopus coral vine M / L L / L _ P Antirrhinum his anicunl Spanish snapdragon L L L L ? v P N Antirrhinum multiforum multiflowered snapdragon ? ? M L o ? P N Apoc num cannabinurn Indian hem ? M ? L ? Gc P _ J A tenia 'RedA le' ice plant RedA le L L L L ! _ Gc P Aptenia cordifolia ice plant (A tenia) L L L L / ! 'f Arbutus andrachne Greek strawberrytree L L L L ? ? S T Arbutus unedo strawberry tree L L L L M M ,. S1 _ I N Arctosta h los'Austin Griffiths Austin Griffiths manzanita L L L L / / S N Arctosta h los'John Doude ' John Dourle manzanila L L L L I ! S N Arctostaphylos'Lester Rowntree' Lester Rountree manzanita L L L L I I Gc S N Arctosta h los'Pacific Mist' Pacific Mist manzanita L M L L / / 5 N Arctosta h los'Sunset' Sunset manzanita L L L L 5 N Arctostaphvlos bakeri'Louis Edmunds' Louis Edmunds manzanita L L L L I / S N Arctosta h los catalinae Catalina manzanita ? ? VL VL I / S N Arctosta h los densiflora cvs manzanita cvs e. . Howarz L L L L I / Gc S N ArctostaohyIds edmundsii'Bi Sur' Big Sur manzanita L M L L Gc S N Arctosta h los edmoodsii cvs manzanita Carmel Sur etc. M M L L 5 N Afctosfalos glandulosa Eastwood's manzanita VL _? VL L / I S .7. N Arctostaphvlos glauca bi bet manzanita VL / VL VL / 1 Gc S N Arctostaphvlos hnokcri'Buxifoliii Buxifolia manzanita L M L L ! I_ _ Ge S N Arctosta h los hookeri'Kenn Taylor'.,.� Ken Ta for manzanila L 7 L L I ! Gc S N Arctosta h los hookeri'Monte'�CarFef Mo�carpet manzanita L ? L L I / Gc S N Arclosta h los hookeri'Wayside' Wayside manzanita L L L L S N Arctostaphvlos hookeri (shrub cvs.) manzanita (shrub cvs.) L L L L I 1 S N Arclostaphylos insWaris island manzanita L ? VL L / I S 'I' _ N Arctostaphylas manzanita _— common manzanita VL VL L L S T N Arclostaphylos manzanita cvs manzanita cvs. e. .Dr Flurd L VL L L S N Arctosta h ly os morfoensis Morro manzanita L ? I L I L / 7 S N Arctosta hyios oto ensu Clay manzanita ? ? JVLJ VL S N Arctosta h los palaroensis cvs. Pa'aro manzanita M L L L S N Arctosfaph los )un ens Mexican manzanita ? ? VL VL _ _ N Arctostaphvlos refugioensis Refugio manzanita L ? VL L / I S NArctosta h los rudis cvs. shagbark manzanita L L VL L S I Arctostaphvlos silvicola hostly manzanita L ? L 1. / / S N Arctosta h los viridissima'White Cloud' _.__. White Cloud manzanita L ? L L / I P _ Arctotis hybrids African dais L M L L / ? P _ _ N Ar emone corymbosa _ _ prick! op VL L VL L L L P N Ar emone munita RaLkIlSo VL -- L VL. L v ? G N Aristlda purpurea purple three -awn L VL VL L L ? _ N Aristolochia californica (SHADE) California Dutchman's )i )e L L M L / ! S Artemisia'Powis Castle' Powis Castle sagebrush L M M L M M S_ Artemisia arborescens large wormwood L? L L M M S N Artemisia californica California sagebrush L L VL VL ? ? Gc N Artemisia californica 'Canyon Gray Canyon Gray sagebrush L L L VL ? ? Gc N Artentisia californica 'Mon lara' Montara sa ebrush L L L VL ? I ? _ P I I N Artemisia dou lasiana California mugwort L L _M L ? ? _ Gc P Artemisia spp. (herbaceous) angel's hair L L L L M M Gc S _ Artemisia spphrubb . sy) sagebrush VL L L L L L S N Artemisia tridentata big sagebrush VL VL VL VL L / P Arum italicum Italian arum VL VL VL VL ? ? V Aserina antirrhiniflora jrr da on vine M ? M L I M _ p N Asclepias (CA native species) milklsilk weed L L VL L L L P Asclepias curassavica scarlet milkweed M M L L ? L P N Asclaoias aibufa(a desert milkweed T ! L VL L L L Gc S N Atriplex CA native species saltbush VL VL VL VL L VL —_ Gc 5 N Atri lex semibaccata _ Australian saltbush VL - VL VL VL L VL Bi Babiana spp. and hybrids lbaboon flower L ! VL VL ! 1 S N Baccharis'Starn' nial' _ Centennial VL L VL. L L L _ Gc _ S N Baccharis'Starn' __._____ e brush Starn coyote brush S -"_. c �.._ N Baccharis pilul'ais consanqwnea coyote brush L L L L Gc S N Baccharis pilulans cvs, dwarf coyote brush L L L L M M S N Baccharis sarorhroides �.. desert broom VL L VL L L L P _ —Ig_ Bal, a multiradiata L Appendix A WUCOLS Region Ba Bq G CcI P IN S ISu T V N Botanical Name Common Name t 2 3 4 5 6 ISI Bauhinia lunanoides Texas plume ! ? L L ? M sil Beaucarnea uatemalensis (Nolina guatemale red ponytail palm ? / M L ? ? S T Beaucarnea recurvata Nolina recurvala on tail aim L I L L ? M 5 Beaucarnea stricta (Nolina stricta) bottle palm L / L L 7 ? S N Bebbia iuncea sweet bush ? ? VL L ? ? Gc S N Berberis aquifolium 'Compacta' (partial shade i compact Oregon grape holt M L L L M H Gc S N Berberis aquifolium var. repens (shade) creeping mahonia L L L L M / ............. S N Berberis haematocarpa (Mahonia haematocarl red barber ? ? VL L 7 ? S N Berberis nevinii Nevin mahonia L L IVLI L I M M_ S Berberis trifoliata (Mahonia trifoliata) currant of Texas ? ? ? I. ? ? BL N Bloomeria crocea qolden stars VL VL VL VL ? ? G N Bothriochloa barbinodis cane bluestem L L L L ? ? Gc S IV Bougainvillea spp bou ainvillea L L L L / M G N Bouteloua curtipendula side oats roma VL L VL L L L G N Bouteloua gracilis and cvs, blue grama L L L L L L- Tj Brach chilon populneus bottle tree L L L L M M _ _ TI Brach chiton rupestris Queensland bottle tree / / L L / M Pir TI I IBrahea armata blue hespet palm L L L L M M_ Pr TI I Brahea brande eei San Jose hesper palm L ? M L ? ? Pur TI N Brahea edulis Guadalupe palm L L L L M M S I N Brickellia californica brickellbush L M VL L ? ? G I Briza media quaking grass L L L L ? ? BL N Brodiaea sop brodiaea VL VL VL L I / S Buddle'a marrubiifolia wooliv butterfly bush ? L ? L L L P Bulbine frutescens stalked bulbine L L L L L L P Bulbine latifoliarooiwortel L ? L L ? ? Br Bulbinella ele ans _ cat's tail til L ? L L ? ? Bt Bulbinella floribunda yellow cat tail L L L L ? ? Bt ^� _ Bulbinella hookeri Maori onion L ? I MI L ? I ? I_ Br Bulbinella nutans bulbinella L ? I LI L ? 1 ? 1_ B Bulbinella robusta bulbinella L L L L ? ? -- _ S Bupleurum fruticosum shrubb hares ew L L L L ? ? _-- Pnr T Butte odorata B. capitata) bindo palm L I_ L. L M M S Caesal inia qilliesii desert bird of paradise L L L L L L S Caesal inia mexicana Mexican bird of paradise _? 1 L L L L _ P N Calandrinia spp. and cvs. (some spp. changed rock purslane L L L L ? ? P Calibanus hookeri calibanus / / VL VL ? ? S Calliandra 'Sierra Star' fairy duster h brid ? ? ? L L L S I I N Calliandra californica Baja fairy duster / / VL L L L- _ 5 I I N Calliandra erioph Ila fairy duster / I / JVLI VLI L I L S I I Calliandra peninsularis Baja fairy duster ? / ? L ? L S I Calliandra surinamensis Surinam flame bush ? / M L ? ? S Calliandra tweedii Trinidad flame bush / M L L / I P Callirhoe involucrata wine cups L ? VL L ? ? S Callistemon 'Cane's hybrid' Cane's hybrid bottlebrush L ? L L ? ? S Callistemon 'Jeffers' Jeffer's bottlebrush L L L L ? ? S Callistemon 'Little John' Little John bottlebrush L L L L M M S Callistemon'Violaceus' purple bottle brush L L L L ? ? _ S T Callistemon citrinus bottle brush L L L L / M I_ S T Callistemon pinifolius pine -leafed bottlebrush L L L L ? ? S Callistemon rigidus erect bottlebrush L ? ? L ? ? BL N Calochortus spp. Mariposa lily L L VL VL VL VL P I Calylophus berlandien sundrops L L VL L ? ? _ P Calylophus drummondiana Texas rimrose L L VL L M M P Cal tophus hartwe. ii_ Sierra sundrop L L VL L M M S Ca avis spinosa caper bush VL / L L ? ? P Carex divulsa (sold as C. tumulicola) European gray sedge L L L L M M P N hCarex s issa San Diego sed a M L M L ? ? P N Carex tumulicola Berkeley sedge L L L L M M S N lCameniea aioantea sa uaro I / VL L / L Gc Carpobrotus sipp plant (Carpobrotus) L M IVLI L L L _ _ T T Casuarina cunninghamiana ` river she -oak L L I L L M M S N Ceanothus'Bluc Jeans' Blue'ceanothus L L L L ! ! _ 5..._ _ N Ceanothus'Concha' Concha ceanothus L L FLIL / / Appendix A WUCOLS Region Ba Br G Gc P P S Su T V N Botanical Name Common Name 1 2 3 4 5 G —'-- —' S N Ceanolhus'G nthia Postan' Cynthia Postan ceanothus ? ? L L ! / _ S N Ceanothus 'Dark Star' Dark Star ceanothus L L L L ! / S N Coanothus'Frost Blue Frosty Blue ceanothus L L L L ! / S N Ceanothus 'Julia Phelps' Julia Phelps ceanothus L L L S N Ceanothus 'Louis Edmonds' Louis Edmonds ceanothus L L L L S N Ceanothus Flay Hartman' Ray Hartman ceanothus L L L L I / S N ceanothus 'Sierra Blue' Sierra blue ceanothus L ? VL L F� S N Ceanomus'7assajara BlueTassa'ara Blue ceanothus L ? L L ! / S _ _ N Ceanothus 'Wheeler Canyon' Wheeler Can on ceanothu L L L L _ S N ICeanothus cuneatus buckbrush VL VL VL L S N Ceanothus c aneus San Die o ceanothus L ? VL VL I I S N Ceanothus grell desert ceanothus VL ? VL L I / SiN Ceanothus impressus'Puc et Blue' Pu et Blue ceanothus L L L L S N Ceanothus leucodermas white bark CA lilac VL L VL VIL _ Gc N Ceanothus maritimus'Frosty Dawn' Frosty Dawn ceanothus L L L L ! / Gc N Ceanothus maritimus'Popcorn' Popcorn CA lilac L '? L _ L / / Go _ N Ceanothus mantirnus'Pl. Sierra' Pt Sierra ceanothus L L L L I / Go N Ceanothus maritimus'Valley Violet' ValleyViolet ceanothus L L L L 1 / S N Ceanothus me acar us big pod ceanothus VL L VL VL / / S _ N Ceanothus rmidus'Snowball' Snowball ceanothus L L L L I I ^_ S _ N Ceanothus spinosus qreen bark ceanothus ? LVLVL S N Ceanothus th rsiflorus'Arro o de la Cruz' Arroyo de la Cruz ceanothu L ? L L ! ! _ S N Ceanotnus th rsiflorus'Snow Flun ' Snow Flur ceanothus L L I L L ! S N Ceanothus tomentosus vac olivaceus woolly leaf ceanothus ? ? IVL VL I / S N Ceanothus verrucosus warty stem ceanothus ? ? VL VL ! / T GGiba mss nis (Chorrsia ansa nis) white floss silk tree M 1 L L I M T Ceiba sfpeciosa (Chorisiaspeciosa) floss silk tree L / L L / M T N Celtis reticulata western hackberr L L L VL L L p _ Centranthus ruber red valerian VL. VL L L M M S Ce halocereus spp old man cactus VL / VL L L L Gc _ _ Cephalo h llum s )p. ice plant (Ce halo h Ilum) L L L L ? ? T Ceratonia siliqua carob L L L L I L "C N Carols occidentalis western redbud VL VL L L M M ___ S N Cercocar us beluloides mountain ironwood VL. VL VL VL. VL / S N Cercocar us ledifolius curl -leaf mountain mahogai VL ? I L / / S N Cercocarpus minutiflorus San Diego mountain maho< L ? VL VL / I S Su ICereus hildmannianus ni hl bloomin cereus VL ? ? VLJ/LS _ Su Cereus peruvianus Peruvian ap le cactus VL ? VL L _— _ Gc N Chamaebalm austmlis southern mountain mise 7 / ?LP S Chamaerops humilis Mediterranean fan palm L L L LS Chamelaucium uncinatum Geraldton wax flower L L L L HIA Chasmanthe aelhio ice cobra til L ? L VL ? I_ T N Chilopsis linearis desert willow VL VL VL L M M 1 Owanthodendron pentadactylon hand tree L L L L ? & _ _ N -monkey's Chloroyalurn porneridianum soap plant VL VL VL VL ? 5 Chrysactinia mexicana damianita dais ? ? VL L L L G Ch sopogcn zizanioides (Votiveria zizanioide vetiver M M M L ? S N Chi soihamnus nauseosus rabbit brush / / VL L VL L P N Cirsium occidentale venus thistle VL L VL L ? ? S Cisms incanus ssp. creticus (G. villosus) pink rockrose L ? L VL 7 M Go S _ Cistus SPP.and cvs rockrose L L L L M M _ V N Clematis lasiantha pipestem clematis L L VL L _ V N Clematis linusticdolia western vir in's bower M M L L I 1 V N Clematis paucif(ora small flowered clematis ? ? VL L ? e 5 _ N _.. Cleome isomeris bladder od VL VL VL VL L_ L P N Clinopodium chandleri (Satureja chandlers) San Mi uel savory L __?_ L L �1, ? ? _ P _ N Cli . odium douc lasii'Salure a douq lash) verba buena L M M ? S N Cneoridium dumosum bushrue ? L VL L L L S N Coleo ne ramosissima blackbrush ? / VL VL ? _ S Collotia paradosa anchor plant L ? L L . / S 1' N Comarostaphylis diversrfolia (Arclostaph los d! summer holly VL L VL L I L �_._ Cprnmelma coe(estis dayflower M ? ? L ? ? S N Condalia globose bitter snakewood ? ? ? L ? ? S N Condea emor H olis emor i) desert lavender Appendix A WUCOLS Region Ba SiA G 1 GO P IPM S ISu T A N Botanical Name Common Name 1 2 13 14 15 16 S CionVOIVnILIS cneorum� bush morning alory L L I L I L I L I L Gcj Convolvulus mauritanicus ground morning to L L I L I L I M I M T Cordia boissieri Texas olive ? ? L 1� L L _ S T Cordia paivifolta little leaf cordia ?? L L L L _ -- P Coreo sis auriculata'Nana' dwarf coreo sis L L L L M M P Coreo sis lanceolma lanceleaf tickseed L L L L M M P _ Corea sis verticillata cvs. threadleaf coreo sis L L L L M M S Correa spp. & cvs. Australian fuchsia L L L L / ? T Corymbia pa uana (EUCa!YPILIS papuana) ghost gum / ? L L ? ? S ITI Cotinus co ria smoke tree L L L L L / P S Cotyledon spp. cotyledon L L L L / ? -- P S Su Crassula spp crassula L L L L / ? P N Crocanthemum aldersonii (Helianthemum scor sunrose L ? IVL I L ? ? P Crocosmia hybrids (Tritonia) montbrieta L L L L / ? S N Crossosoma bi elovii ra god rock flower ? ? / L ? ? T Cu ressus sem ervirens Italian cvpress L M L L M M TL Cyclamen c raecum (shade) Greek cyclamen L ? ? L ? ? BL Cyclamen hederifolium (shade) ivy leaf cyclamen VL L L L ? ? Bt Cyclamen persicum and hybrids (shade) Persian c clamen L M M L / / ISI I T C dottla ohlon. a Quinra I L M I ? ? P I I ICyphostemma iuttae tree grape / ? VL L ? ? Bq I I C rtanthus hybrids hybrid c rtanthus M? L L ? ? T Dalber is sissoo Didian rosewood / ? I L 1 I. 1 / I L IS1 Dalea bicolor dalea (bicolor) I / L L L L Go I I Dalea capitata dalea (ca itaia I / VL L M M _ Go Dalea c reggii trailing indigo bush ? / L L L L Go Dalea orcuttii (now Marina orcutlii 8a'a indi. o bush / / L L / L S Su Das lirion sipp. desert spoon VL VL VL L L L Go Delos erma s ice plant Defos erma L L L L / L S N Dendromecon harfordii '— island bush poppy L VL VL L ? ? S N Dendromecon ri ida tree poppy VL VL VL VL o S Dermatobotrs saundersii tree'ocke M ? L L ? ? P Dianella revoluta cvs flax lily M L I LI L ? ? BL N Dicheloslemma sop blue dicks VL VL VL VL ? ? P Diciiptera suberecta hummingbird plant L L I Lj L I ? ? G I N Distichlis spicata (marsh, reveg) salt grass L VILI L I L I ? ? P Dodecatheon sop. (non-native) shooting stars L L VL VL ? ? S Doryanthes paimeri spear lily L / L L / / T _ Dracaena draco dragon tree L / VL L / I P Dracunculus vulgaris voodoo lily L VL L L ? ? Gc Drosanthemum sap. ice plant Drosanthemum P N Dryinocallis gJandulosa (Polonhlla 1andulosa) sticky cinquefoil L ? L L ? ? P N D o terls ar uta coastal wood fern M ? L L ? ? P Su N Dudle a slop dudio ya, live forever L VL VL L ? ? P Uvckm s> d ckia L? L L ? L Go P D moodia mar aretae d mondia L L L L / / T Ebenonsis ebano (Pitheceliobium flexicaule) Texas Oban / ? L L ? L P S Su Echeveria spp. hens and chickens L L L L / ? S Su N Echinocactus sp . (CA native and non-native barrel cactus VL VL VL L / L P Su Echinonsis s p. Trichocereus sn .) torch cactus L L L L L L _ P Echium'Pur le Towey purple tower echium L L L L ? ? P Echium amoenum red feathers ? ? ? L ? ? P S Echium candicans fastuosumj pride of Madeira L L L L I / ........... . S Echium gentianoides Tapnaste L ? L VL / / S T Elaea nus an ustifolia Russian olive VL L L L M M S Elaea nus pun ens _ silvemerry L L L L M M G N EI mus clnereus (Le mus cinereus) basin wild r � ? ? L L ? ? G NEI mus condensatus and cvs. (Le gnus corder giant wild rye L ? ? G N EI mus triticoides (Le mus triticoides) creepingwild i e LS Encelia actoni mountain bush sunflower L 7Scoast _N sunflower IVLVL L / VLS brittle bush VL VL VIL S reen brittlebush L ? ?S N Ephedra nevadensis Nevada e>hedra VL VL VL Appendix A WUCOLS Region Ba Bt G Cr, P Prrj 5 ISu T" V N Botanical Name Common Name 1 2 3 4 5 6 S N Ephedra viridis Igreen mormon tea L L_ VL, VL VL ? _ P N E ilobium spp.(Zauschneria) and cvs. California fuchsia L L VL L M M _... G Era rostis chloromelas blue love grass ? ? L L ? ? G Era rostis elliottii -Tallahassee Sunset' Elliott's lovegrass ? L L L ? ? .............. _ G Era rostis s ectabilis purple love grass ? L ? L ? ? ISI Eremo hila glabra emu bush L L L L / L_ ISI Eremo hila maculata spotted emu bush L L L L L L _ S Eremo hila racemosa Easter egg bush L ? L L L - _ P N Eriastrum densifolium elon atum !ant wool) star VL ? VL VL ? ? ............ . 5 N Ericameria arborescens golden fleece VL ? VL. L ? ? 5 N Ericameria cuneata com act oldenbush L ? VL L ? ? S NEricameria ericoldes California goldenbush L M L L ? ? S N Ericameria laricifolia turpentine bush ? / VL L L L S N Ericameria linearifolia interior qoIden bush L ? VL L ? ? P N Eri eron Wayne Roderick' Wayne Roderick daisy M M L L / / _ S N Eriodictyon crassifoltum thickleaf yerba santa L VL VL VL ? ? S N Eriodictyon tomentosum wool) verba santa L VL VL VL VL ? S1 I N Eriodictyon lrichocal x smooth leaf yerlba Santa ? ? VL. VL ? ?.._„ SI N Erio onum arborescens Santa Cruz island buckwhe VL L VL VL ? ? S N Erio onum cinereum ashy -leaf buckwheat ? L VL VL ? ? �.. p N Erio onum crocatum saffron buckwheat L L VL I. ? ? _ N Erio onum elon atum wand buckwheat VL VL Gc N Erio onum fasciculalum'Bruce Dickinson' Bruce Dickenson buckwhe ? L VL VL ? ? Gc N Erio onum fasciculalum'Dana Point' Dana Point buckwheat ? L VL VL ? ? Gc N Erio onum fasciculatum'Theodore Pa ne' Theodore Payne buckwhea L L VL VL ? ? _ ..._.._..... _ Gc N Erio onum fasciculatum 'Warriner Lytle' Warriner Lytle buckwheat L L VL VL 'P? _ S N Erio onum fasciculatum and cvs. (not listed ab California buckwheat VL VL VL. VL VL VL _ _ _ S N Erio onum giganteum St. Catherine's lace VL VL VL VL ? ? PN Erio onum rande rubescens San Mi uel Island buckwhe L L VL L ? ? 5 N Erio onum latifolium coast buckwheat L L L L ? ? S N Erio onum parvifolium cliff buckwheat L M VL L ? ? _._. P S N Erio onum spp. (CA native and non -_native spE buckwheat _ L L VL. L L L 5 N Erio onum umbellatum and cvs. sulphur -flower buckwheat L M L L ? ? P N Eno h Ilum conferiflorum 2oklen yarrow L L VL Vt. ? ? P N Erioph Ilum lanatum & cvs woolly sunflower L L L L ? ? P Eryngiurn maritimum sea holly M M L L ? ? __.......... p client sea holt M ? M L ? ? _ P N E simum concinnum wallflower L L L L ? ? P N Ervsimum menziesii Pt.Re es wallflower L L L L ? ? S T Erythrina crista-, alli cockspur coral tree M M L L / M _ T Ervthrma x s kesii Sykes coral tree I / L L 1 /_ _ P N Eschscholzia californica (annual in the desert) California poppy VL VL VL VL I I S Espostoa lanata Peruvian old man cactus ? ? VL. L L L _ _ 'f Eucalyptus camaldulensis red gum L L L L M M m T Eucalyptus cladocal x su ar um L I / I L I L I I I/ _ T Eucalyptus conferruminata (lehmannii) bush ate L L L L / I T Eucalyptus unnii cider um L L L L ? ? T ucal tus leucoxylon white ironbark L L L L / M T Eucalyptus loxophleba York um ? VL ? VL / / T Eucal tus macrandra Ion flowered marlock VL VL VL. L / L T Eucalyptus microtheca coolibah L L L L M M T Eucalyptus Pol anthemos silver dollar um L L L L M M T Eucalyptus robusta swamp mahogany__L L L L I / _ T Eucalyptus rudis flooded gum L L L L M M _ T Eucal plus sargentii Salt River mallet L ? ? L / L _ _ _ _ T Eucal plus sideroxylon T Eucalv tus s athulata red iron bark swamp mallee L L L I L L M M L L / M ,. ,.. P 5u Euphorbia antis philitica candelilla ? ? L L L L _ P TO Euphorbia caput -medusae Medusa's head VL ? VL L ? ? p --Su Eu horbia characias Mediterranean spur e L L VL t. ? ? Su T Euphorbia in. ens candelabra tree ._.._.v.. / / L L ? L --- S Su Euphorbia lambii tree euphorbia _ I ? L L ? ? S Su Eu horbia mauritanica pencil milk bush I ? ? L ? ? _ S Su Eu horbia milii crown of thorns / L L L / L Appendix A WUCOLS Region Ba Bt G Gc P Prr S ISid T IV N Bot Botanical Name Common Name 1 2 4 5 6 S Su N Eu horbio misera cliff spur e ? ? VL L ? 9 P Su` Eu horbiam rsinites creeping sure L L L L ? ? P Su Euphorbia rigida gopher spurge L L L L / L S Su Euphorbia xanli Baaspurge VL ? VL L ? ? P N Euthamia occidentalis western goldenrod ? VL L L ? ? V Fallopia baldschus nice (Polygonum aubonii) fleeceflower L L L L M M S N Fallu is paradoxa Apache plume L M VL VL L L _ S Su Ferocactus sp . tCA native and non-native spf barrel cactus VL VL VL L L L Bi _N_ Ferraria tris a starfish iris VL ? L VL ? ? Bq Ferraria schaeferi'Dark Chocolate' Dark Chocolate ferraria ? ? L VL ? ? G Festuca'Siskiyou Blue' Slski ou Blue fescue M M L L M M S N Forestiera pubescens desert olive L L L L L L S Su Fouquieria columnans boo'um ! ! VL VL / VL S Su Fouquieria macdou alii Mexican tree ocotillo / ! VL VL L L S Su N Fou uieria s lendens ocotillo ! / VL VL VL VL -- _ S N Fran ula californica and cvs. (Rhamnus califor coffeeberry L L 'VL L / . S N Frangula californica ss .tcmentella Rhamnus chaparral coffeeberry VL VL VL L / ? _ S N Frankenia palmeri Palmer's Frankenia ? VL VL VL ? ? S N Frankenia saline alkali heath ? VL VL VL ? ? T N Fraxinuc dipctala foothill ooh L ? L L ? —? Bq _ Freesiaspp. freesia VL M L VL L M S N Fremontodendron spp, & cvs. flannel bush VL VL VL VL / I S Furcraea sop furcraea L / L L / L S N Galvezia 'uncea &cvs. Baia bush -snapdragon I / VL L ? ? 5 N Gambelia s eciosa & cvs. (Galvesia speciosa island bush snapdragon L L VL L ? ? S N Garr a flavescens ashy silktassel L ? VL L S Ti Gar a veatchii silk tassel bush ? ? VL. Vl. ? ? P Su _ Gasteraloe hybrids g asteraloe L? L L ? ? P I ISulGasteria s. (shade) Oasteria L L L L ? Bt Gladiolus watsonfus (Homo lossum)gladiolus L L L L / / P Glandularia aristigera and cvs (Verbena tenuh South American rock verve L M L L M M _ P N Glandularia lilacina and cvs. Verbena Mama) lilac verbena L_ L L L ? ? P _ Glaucium flavum horned pop L L VL L ? ? T Gleditsia triacanthos honey locust L L M L L L P Globularia x indubia globe dais M ? L L / / P I Goniolimon tataricum (Limonium tataricum) Tartarian statice L ? M L ? ? P Su Graptopetalum spp. graptopetalurn VL I_ L L / ? P Su y Graptoveria hybrids graptoveria L L L L ? ? 'I' Grevillea robusta silk oak L L L L / M S Grevillea spip & cvs. grevillea L L L L / M_ PI _ IN Grindelia camporum grest valley gum plant ? L VL L ? 7 PI IN Grindelia hirsutula hairy um plant L L VL L ? v P _ N Grindelia stricta coastal gum plant L M VL L ? _ Gc N Grindelia stricta var plat phylla spreading qum plant L M L L ? ? _ S _ _ N Gutierrezia sarothrae matchweed ? ? VL L VL L B thus albiflos dappled snowbush L ? L L ? ? S aurina sea urchin tree L L L L 1 ! S uaveolens sweet hakea L L L L / / S patens Texas firecracker bush f? L L M M _ T a mexicana (Pithecellobium mexicana) Mexican ebony? MHh ? L L / L T a aliens (Pithecellobium pallens) tenaza ? ? ? L L L P Su ia spp. haworthia L L L L / L S a detonsa island brisllewead ? L VL L ? ? P Su sop and cvs. hechtia L ? L L ? ? _ P Helianthemum nummularium & cvs common sunrose L M L L ? ? P _ N Helianthemum sco avium var, aldersonii (See sunrose L ? VL L ? ? P Helichrysum amorginum ruby cluster straw flower ? ? L L / / P Helleborus arc otifolms Corsican hellebore L L L L ? ? P Helleborus foetidus stinking hellebore L M M L / / P Helleborus lividusMajorcan hellebore L ? L L / / S_ _ Hermannia verticillata honeybells M ? L L ? '?5 Su� lies eraloe campanulata bell flower hes eraloe ? ? VL L L L _ S Su_ Hesperaloe changii hes eraloe (than ii) ? VL VL ? ? S Su Hes eraloe fummra 1C.0allUdan hesoeraloe L _? L VL L L L Appendix A WUCOLS Region Ba B1 G car, T Pr S Su 7 V N Botanical Name Common Name 1 2 3 4 5 6 S Su Hes eraloe noclurna seven -son flower ? ? VL L L ? _ S 5u _ Hes eraloe earviflo, a red/ yellow yucca L L VL L L L _ Hesperaloe tenuifolia tropical hesperalre 7 ? VL L ? v Hes eroo aris arizonica Cu ressus ar¢onic Arizona c ress Tecate c press VL L VL L VL VL VL VL L / I I _ T N Ides eroc ons rorhesii Cu. ressus Porbesii T N Has eroc pans guadaluprinsis (Cu )ressus qU Guadalu e Island c rass L L VL VL / I _ T N I jespe(ocyparis montana (Cupressus montana San Pedro Martir cypress ? ? VL L ? ? T N HeaperocYparis nevadensis )Cupressus neva Piute cy ress L ? L L ? 9 T N Hespetocyparis sargontli (Cupressus ser anti) Sargent cypress L L L L ? ? T N ties eroo pans ste4>hensonii {Cu ressus ariz Cu amaca cypress VL VL VL L L L _ S Su N Hes aro ucca s Yucca whip lei. Yucca cayucca L L VL L L L S N Iieteromeles arbutifolia to on L VL VL L L p N Heterotheca sessiliflora sessile flower false golden, ? M L L ? ? P N Heterotheca villose Chrysopsrs villosa) halry golden aster L M L L ? ? P N Heuchera elcmans urn flowered alum root M? M L e 9_ P N Heuchera hirsutissime Idyllwild rock flower M M M L ? ? G N Hilaria ri ida Pleura his ri ida) big r alleta grass ? ? VL L M 7 p N Hoita macrostach a (Psgralea macrnsfacfrya) leather root ? ? M L S Homalocladium 21atycladurn ribbon bush M M M L v ? % Homoc lad hyxids i) Unci home lad Parry's horkelia VL ?M L L M VL L ? ? ? ? p N Horkelia ar i p N Hosackia crassifolia var. ota ensis (Lotus cra! Ota Mountain lois L M VL L ? ? P Su LH Iotele hium s . and cvs. Some are Sedun stone crop L L L L ? ? S Hymenolepis parviflora golden coulter bush L ? ? L ? ? _ S Ilex vomitoria yaupon L M M L M M Qc Ipfiaion uniilorum s rin star flower L L L L ? ? ,. 131, Iris x hollandica Dutch iris M M? VL M_ M 8L Iris xi hium Spanish iris M M? VL M M S N Isocoma spp. (HapLEa us aoldenbush ? ? VL VL VI_ VL Gc N Iva ha esiana poverty weed VL VL VL L / I Br Ixia spp. _ African corn>� L L L VL ? e T N Ju lens californica California black walnut M I L L / T N Juglans hinds)) California black walnut M M / L / I __ P N Juncus patens and cvs. California grey rush L M I. L ? M S N Juniperus californica California -uni er L L VL L L ? S N Justicia californica (Belo Perone calf ornica) chuparosa VL I VL L L VL S Justicia spicigera Mexican hone suckle I L L L L L S Su Kalanchoe spp, kalanchoe L L L L / M S N Keckiella antirdrinoidas yellow Ponsomon L L L L / I S N Keckiella breviflora yawning penstemon L L VL L ? ? S N Keckiella cordifolia climbing penstemon L _-L VL L P Su Kleinia re ens (Senecio repens) blue chalksticks L ? L L ? '? P _ I(mohotia galpinu coral poker L ? L L ? ? P Kni hofia uvaria hybrids and cvs. red hot poker L L L L M M 'r Koelreuteria panicuata golden rain tree M M L L M M S N Krascheninnikovia Janata wtnterfat ? ? VL L L ? Q� Lachenalia spp. cape cowslip L L L VL 7 ? _ T La unaria atersonii primrose tree L / L L 1 / ............. Gc lam ranthus spp. ice last (Lampranthus) New Gold lantana L v L ? VL VL L L / M ! Gc Lantana'New Gold' Gc S lantana camera & cvs lantana L M L L M M Gc Lantana hybrids hybrid lantana L L L L M M - Gc S Lantana montevidensts (sollowiana) trailing lantana L L L L M M S N Larrca uidentata creosote VL VL VL L VL VL _ T Laurus'Sarato a' Saratoga laurel L L L L M M_ T Laurus nobilis- sweet bay L L L L M M - S S Lavandula spp. & cvs Leonobs leonurus lavender lion's tail L L L L L L L L M M I ? S S S N Lppechinia calycina _ N Lepechinia frac raps T Le tospermum'Dark Shadows' pitcher sage 6'a rant pitcher sae Dark Shadows tea tree L L L M L ? L L L L L L ? ? / ? ? 1 ,.. _ S _ T Le tos )ermum laevi atum Australian tea tree L L L L. / 1 S Le los ermum laew alum 'h'evesii dwarf tea tree L ? L L / S T Le tospermum atersonii lemon scented tea tree L ? L L ! / Appendix A WUCOLS Region BaBiAG Go P Prr SI' T V N Botanical Name Common Name 1 2 3 4 5 6 S Le tos ermum rotundifolium tea tree L L L L P N Le tos ne i antes Coreopsis i antes) sant cored sis L VL VL L P N Le tos ne maritime (Coreopsis maritime) sea dahlia L L VL L M M Br Loud um autumnale (shade) autumn snowflake L L L L ? ? 5 Leuco h Ilum laopmaniae'Lynn's legacy' Lynn's everbloomin texas ? M 7 L L L S Leucoph Blum sop, & cvs. purple sage. Texas rani er L L L L L L S Leucoph to brownii (Caloce halus brownii cushion bush L ? L L ? ? B N Lilium humboldbi Humboldt lily__— L VL L L M M Br N11 -ilium pardalinum leopard illy and Wi ins til M VL M L M I M P Limonium vulgare sea lavender ? L L L I / P Linum s (perennial) flax VL. VL L L '? ? S Lobelia laxiflora Mexican lobelia L L L L M M P N Lomatium californicum California calory L I VL VL ? ? _- P N Lomatium das car um lace parsnip 7 T VL VL ? ? V N Lonicera his idula California honeysuckle L L L VL ? ? 5 N Lonicera interrupta chaparral hone suckle L L L L ? ? Go V Lonicera japonica Japanese honeysuckle M M L L M M V N Lonicera subspicata chaparral honeysuckle L ? L L ? ? _ -- ISI N Lupinus albifrons silver lupine VL. L L L / 1 S N Lupinuo chamicconic silycr dine lupine L? L L / I S N LupinUs excubitus grape soda lu me VL VL L L P N Lupinus formosus summer lupine ? M ? L ? ? P N Lupinus latifolius broadleaf lupine L ? L L ? ? P L chnis coronaria rose campionlcrown pink L L L L ? 7 S N L cium andersonii desert woifber ? ? VL L ? ? S N Lycium brevipes Baia desert thorn ? v VL L ? ? 5 N L cium californicum box thorn ? ? VL L ? ? S_ N LYcium fremontii wolfber ? L VL L L L G Lyceum spartum false esparto Wass L ? L L ? ? Tj I N L onothamnus sop ironwood L / L L / / _ T L siloma watsomi feather bush / / L L / L V Macfadyena unguiscali cat's claw L L L L L L -- 5 N Malacothamnus clementinus San Clemente Island bush ? L VL L ? / S N Malacothamnus fasciculatus bush mallow VL L VL L 1 / S N Malacothamnus fremontii Fremont's bush mallow VL L VL L ? ? 5 N Malacothamnus bnesii Jones bush mallow L ? VLJ L ? ? _ S N Malacothamnus palmers Palmer's mallow L L L L ? ? _ Go Male hora s p. ice plant (Maleophora) L L VL L L ? _ S N Malosma lamina Rhus laurina) laurel sumac VL L VL L 1 / S1 I Malva assur entiflora and cvs. (Lavatera assui tree mallow L M L L / M -- S IMalvavtscus arboreus Turk's cap ? 9 L L ? ? P Su Mammillaria geminispine cactus VL ? VL VL VL VL P Manfredaslop. manfreda L M L L M M_. P Manihotspp, cassava I / M L ? ? _ T Melaleuca lanceolate black tea ? L L L T Melaleuca linanifolia flax leaf paper bark L L L L I / T Melaleuca nese hila pink melaleuca L L L L / / T Melaleuca rhaphio h Ila swamp paper bark v I L L I / P Melam odium leucanthum blaekfoot daisy L / L L L L T Melia azedarachchmebar VL L VL L L L VI IMerromia aurea merremia (anneal v? L L / M 5 I N Ilylimulus aurantiacus (Oiplacus arachnoideus) sticky monkey flower VL L VL VL / /- S I N Mimulus aurantiacus var. puniceus red bush monkey flower VL L VL VL / / N Mimulus hybrids (shrubb )(Diplacus) monkey, flower L L L L / / _ _ P _S Mirabilis Jalapa four o'clock VL _ L VL L M M P N Mirabilis laevis var. crassifolia (M_ califomica) wishbone bush L ? VL ? ? _ P _ N Mirabilis Iaevis var villose M.bi eloviij desert four o'clock VL L VL _L L ? ? _ P N Mirabilis multiflora four o'clock L L ? L ? ? P N Monardella linuides flax leaf monardella L ? VL L '? ? P _ N Monardella odoratissima mountain enn mal L M L L ? ? P N Monardella villosa co ote mint VL VL VL L ? ? B+I I_ _ _ Moraea s .(wintergrowing) moraea VL VL L VL ? ? G Muhlonber is ca illaris and cvs hairy awn muhly L L M L M M G Muhlenber is dubia pine muhly L I L I L I L ? I ? Appendix A VVHCOLS Region 8a B G Ge P Pr S Su T V N Botanical Name Common Name 1 2 3 4 5 8 G I_ Muhlenbergia dumosa bamboo muhly L M L L M M _ BL v Muscari macrocar um grape hyacinth 'VL VL VL VL M M M oPonim alVifOliUm & cvs. m oporum L L L L M Mg Narcissussip, daffodil VL VL VL VLL L BL #G— Nassella gigantea giant needle grass L erine s P. winter Cirowin) nerine L L L L ? L L VL M M_ S_ Nefhlm oleander & cvs. oleander L L L L M M P Nicotiana s Ivestns flowerinq tobacco M M M L ?? P S N Nolina spp. (CA natives and non -natives) bear grass VL VL VL VL L L T N Nothalilhacar it densiflorus (Lithocar us dem tanbark oak L / L L / / _ S N Oemleria cerasifonnis osober M ? L L ? ? P N Oenothera caes itosa tufted (white) evening prim r L L VL t. L L ............ p N Oenothera californica California evening primrose v L VL VL ? L P N Oenothera elata (E hooker) Hooker's evening.primrose L L L L ? ? .........._ Gc Gc Gc P P P Oenothera macrocarpa Missouri evening primrose M Oenothera speciosa O. berlandieri Mexican evening primrose L Oenothera stubnci Baja evening primrose L L L L ? v L L L M M L L L L L T Olea europaea olive VL VL L L L L _ T N Olne a tesota desert ironwood / / / L L L _ S Su N Opuntia *2p. & cvs. (CA natives and non-naliv, rick) earlcholla VL VL VL VL VL VL _ P Ori arum s [). and cvs. differ /ore aro etc. M M L L ? ? BL Ornithoc alum arabicum star of Bethlehem L L L L ? ? BL Ornitho alum th rsoides chincherinchee ? ? L L ? ? __ 5 N Oin thostaph los oppositi(olia Palo blanco ? VL VL L ? ? GC Osculana deltoides Pink ice lant L L L L ? ? Gc_ Osteos=e! spp. African daisy L L L L. / S So^ Pach cereus marginatus Mexican fence post cactus ? ? VL VL VL VL _ P So Pace ph+tum s' moonstones L / L L G Panicum %PP panic grass ? L ? L ? ? IF N Parkinsoma'Desert Museum) (Cercidium) Desert Museum Palo verde ? VL VL L ? L T Parkinson to Sonoran Palo verde ? ? ? VL / L T Parkinsonia aculeate Mexican Palo verde/ Jews < VL VL L L L L ............... T N Parkinsonia florida iCercidium florida) blue Palo verde VL, VL VL VL / L T N Parkinsonia micro hyla Cercidium mictophylli little leaf Palo verde VL VL VL L / L T Parkinsonia pfaecox (Cercowni raecox) palobreatree ? VL L L / L T Parrotia crsica Persian witch hazel M ? M L ? S Su Podilanthus bracteatus tall slipper plant / / L L L L S Su Pedilanthus rnacrocarPus slipper plant / / VL VL L L Gc P Pelar onium sidoides South African geranium M L L L / / P _ N Pellaea andromedifolia coffee fern L ? VL L ? P N Pellaea mucronata bird's foot fern L ? VL L ? ? G Pennisetum ale 3ecuroides and cvs black Pennisetum L L M L v ? G Pennisetum massaicum bunny tails L ? M L ? ? _ G Pen nisetum orientate Chinese fountain grass M L L L ? ? G Pennisetum setaceum fountain grass L L L L L L G_ _ Pennisetum x advena P setaceum h brids purple/burciundv fountain co M L L L M M _ P _ N Penstemon SW native sp . and cvs, penstemon (SW natives) L L L L L L P N Perideritlia kello cii am ah M_ L ? VL ? ? S b N Peritoma arUorea (Isornens ar6orea} ladder od VL VL VL L L L _ P P _ N Petrophytum caaspitosum rock s irea L N Phacelia californica scorpion flower L ? L L ? ? M ? L ? ? _ S Phlomis cretica Cretan Phlomis L L L L ? ? _ _ S Phlomis froucosa Jerusalem sae L L L L M M S Phlomis ifalica Italian Jerusalem sae L L L L ? ? Phlomis lanata Crete Jerusalem sae L L L L ? ? _ S S _ Phomis ur urea (P. caballeroi) urple Jerusalem sa e L Phlomis s eclabilis P._cashmeriana) Kashmir sae L L L L ? ? L L L ? 9 P Phlomis tuberose tuberous Jerusalem sae ML L L ? ? Pn T Phoenix canwiensls Cana Island date palm L L L L M M Gc Phoenix dacylifera date elm L N Ph la nodiflora (L+ppia nodiflma) cape weed L _ L L L M M L L l / I _. P Pinellia ternata inellia M ? M L ? ? p Plnellfa 4i)artlta voodoo lilv M ? M L T N Pinus attenuate knobcone ire VL L L L / / Appendix A WUCOLS Region FB81BL G I Gel P On S ISL T V N Botanical Name Common Name 1 2 3 4 15 16 P Pinus brutia Calabrian pine L L L L M M--' T JPinus brutia ss . eldarica eldarica pine L L VL L M M T N Pinuscoulleri Coulter pine L L L L M ! T N Pinus edulis pinyon pine L L VL. L L / T jpjnus hale ensis Aleppo pine L L L L M M T N Pinus rnonophy lla single leaf pinyon pine L / VL. L L / T Pinus montezumae Montezuma ine L L L l / ! - -- T Pinus pinea Italian stone pine VL L L L M M T N Pinus ponderosa ponderosa pine VLl L / L / / _ T N Pinus sabiniana foothill pine VL VL VL L / / _ -- T Pittos orum an ustifolium (in trade as hill ra willow ittos orum M M L L ! M S Pleoostach s seri Ilifolia (Flelichr sum) straw flower L L L L ? / N Pluchea sericea Coville arrow weed ? L M L L L G N I Pea fendlariana (SHADE) mutton qrass ? ? 7 L ? ? G INIPoasecunda (SHADE) twe bluegrass ? L ! L ? ? PPoliomintha Ion iflora _ Rosemary mint L L L L L L P NlPolypodium californicum California polypody VL VL VL VL P I u I I lPortulacaria afra & cvs. elephant's food VL L VL L L L N Primula spp. (CA nativelDodecatheon sop shootinq stars L L VL VL ? ? _ T Proso is alba Ar enline mesquite 1 L L L L L _ T Proso is glandulosa (P, chilensis) Chilean mesquite I L L L L L T N Proso is glanduloss vartorn ana honey mesquite / L L L L L T Proso i5 hybrids and cvs. prosovis hybrids ? ? L L L L T Proso is'uliflora Arizona mesquite ? L L L L T N Proso is pubescens screwbean mesquite / L L L L L T Proso is velutina velvet mesquite 1 L L L L L S N Prunus andersonii desert peach L L VL VL ? / S N Prunus fasciculata desert almond ? ? VL VL VL ? N Prunus ilicifolia holly leaf cher L L VL VL ! I . __........ S TI NJ Prunus ilicifolia lyonii Catalina cherry L L L L / / -- P S NPsilostro>he cooperi aperflower ? ? VL. L VLVIL P S Psilosu'ophe to etina pa erflower ? L L L L S NJ Psorothamnus spinosus (Dalea spinosa) smoke tree _? / L I ! I L / VIL S N Ptelea crenulata western ho tree L L ? L ? ? T Punica granatum pomegranate L L L L M M_ S Punica granatum & cultivars dwarf pome ranate L L L L M M - S N Purshia landulosa See P. tridenlata var. lai desert bltterbrush L ? ? L ? 5 N Purshia stansbu ana (Cowania mexicana, Pu cliff rose L ? VL L ? ? 5 N Purshia tridentata antelo a otterbrush L D VL L ?- _ P Puva sp u a VL L L L / ? P P rethropsis hosmariense Rhodanthemum) Moroccan dais L M L L ? ? P rroaias felt fern L / L L ? '? T Quercus acutissima sawtooth oak M M ? L ? ? T N Quercus a rielia coast live oak VL VL VL L / M S N Quercus berberitlifolia California scrub oak VL VL VL L L / _ T N Quercus chrysolepis canyon live oak VL L L L / ! T N Quercus dou lasii blue oak VL VL VL L / / S T N Quercus dumosa Nutall's scrub oak VL VL VL L L / - -- _ S N Quercus durata leather oak VL L L L ? ? T N Quercus en elmannii mesa oak L L VL L 1' Quercus 2ambefin Gambel oak ? L ? L L I T I Quercus ilex holly oak L L L L M M T Quercus muehlenber ii chinquapin oak L M? L L M _ T Quercus suber cork oak L L L L L L T Quercus texana Texas red oak L ? ? L L M S N Quercus turbinella shrub live oak L L VL L L 1 T N Quercus w1slizeni liv interior e oak VL VL VL VL M 1 S quercus x acutidens Torrey oak ? ? ? L ? ? T N Quercus x morehus oracle oak VL ? ? L ? ? P N Ranunculus caffornicus California buttercup VL VL VL VL ? ? P _ Ranunculus cortusifolius lbuttercuo L ? L L ? 8r Ranunculus e ) (winter rowm) Persian ranunculus L M I VL !d M 5 Rha odia spinescens (R. deltophylla) Australian s_a_Itbush VL L VL L ? ? 5 N Rhamnus crocea v redberry LL L L VL L 1 9 Appendix A WUCOLS Region Ba Br G Gc P Pm S Su T V N Botanical Name Common Name S N Rhamnus ilicifolia holt leaf redberry L L VL L ? Bt _ Rhodo hiala bifida red argentine ama Ilis L L L VL ? ? Rhus aromatica (Rhus trilobata) skunk bush L L L L ? SN Rhus unto rifolia lemonade ber L L VL L S N Rhus leolii ink -flowering sumac / ? VL L ? ? _. _ S N Rhus ovata sugar bush L L VL L L L_._ S N Ribes amarum bitter gooseberry ? ? VL L ? ? S N Ribes aureum nolden currant L L L L ? / .._, S N Ribes californicum hillside ooseberry _.. VL L L L ? ? 5 N Ribes divaricatum spreading ooseber L ? ? L ? ? _ S N Ribes indecorum white flowering currant L L VL L ? ? S IN Ribes malvaceum chaparral currant VL VL VL L ? ? S N Ribes menziesii can on ooseber VL ? L L ? ? _ S N Ribes quercetorum vellow nonseherry L L L L ? ? S N Ribes thacherianum Santa Cruz Island qoosebe I ? VL L ? T Robinia pseudoacacia black locust VL L L L M M T Robinia x ambi ua locust L L M L M M P S N Romne a coulteri Matilia poppy VL VL VL VL L L P S N Romne a 7icYwcal x hairy Matilia poppy VL VL VL VL ? ? S N Rosa calitornica California wild rose L L L L ! / S N Rosa minutifolia Baa California wild rose L ? VL L ? ? _ S N Rosa woodsii subs,. ultrarnontana mountain wood rose M M ? L M ? _ -- Gc S Rosmarinus cvstrailing rosema L L L L M M _ S Rosmarinus officinaljs---rosemary _ L L VL L M M S Ruellia peninsularis Baia ruellia ? ? VL L L L P Ruscus spp. butcher's broom L L L L ? ? S N Salvia 'Allen Chickering_' Allen Chickering saqe_ L L VL L L L _ Salvia 'Aromas' Aromas salvia L L VL L ? ? _. Gc S N Salvia'Bee's Bliss' Bee's Bliss saqe L L L I. ? Gc P N Salvia'Dar�s Choice' Sonoma sae L L L L ? ? P S N Seivia'Gayle Nielson' (also Trident as register Gayle Nielsonll'riden! sage ? L VL L VL L Gc PN Salvia'Mrs. Beard' Mrs Beard sage ? L -- L L ? ? — S — Salvia africana-lutea olden sae L M L L 7 ? _ S N Salvia a lana white sae VL L VL L L L„ _ P Salvia ar enlea silver sae L L L L ? ? 5 N Salvia brands eel Santa Rosa island Sae L L VL L ? ? S Salvia californica Baia California sae / ? VL L _? ? S _ _ Salvia canariensis Canary Island Sage L L L L ? ? _... _ S Salvia chamaedi oides blue sae L L L L M M Gc P Salvia chionoph Ila snowflake sae L ? L L ? ? _ _ S N Salvia clevelandii & hybrids salvia Cleveland/Alan Chicl L L VL L L L S Salvia coahuilensis Coahuila saps L ? L L ? ? ,.,. P Salvia dart i darcy sae _ M L L L ? ? P S N Salvia dorrii purple sae / M / L L M _ P S _ Salvia qre ii & h brids autumn sae L L L L M M P S Salvia leucantha and cvs Mexican bush sae L L L L / M S N Salvia lel.= h lla and cvs purple sae L L VL L M M S Salvia melissodora grape scented sae M M M L ? ?.. S N Salvia mellifera and cvsblack/ reen sae L L VL L ? ? S Salvia rophyIla (S. grahamit) cher /Graham sae L L L L M M _ S N Salvia munzu San Miguel Mountain saqe L L VL L / I S N Salvia pack ph Ila rose sage L L ! L ? ? Gc P N Salvia sonomensis and cvs Sonoma sae L L L L S T N Sambucus sop (GA native and non-native slip elderberry L L L L M M _ P N Sanicula crassicaulis snakeroot ? ? L VL ? ? P _ Su _ Sansevieria spp mother-in-law's ton, ue / I L L Gc P 5 Santolma spp. lavender cotton L L L L L L _ T Sapindus saponario soapber ? ? M L ? ? V N �JarCoetemnla c nanchoides ssp hartwe ii climbingmilkweed ? ? L L '? ? T Schinus molle California pepper tree VL L VL L M M_ Br T Schinus poly<amps Peruvian pepper tree Scilla eruVana (S. hu hill lent scilla VL VL L VL L L LL VL ? M ? P N Scrophularia califorNca {shade) California fi wort/bee plant L L L L ? ? S _ Scrophularia macrantha red birds in a tree ? ? ? L ? '? Appendix A WUCOLS Region ea t3 G Gc P P S Su T V N'Botanical Name Common Name 1 2 3 4 5 6 P — _ Scutellaria suffrutescens ink Texas skullcap L ? L L ? ? -- T _ nce __....... Searsia lances (Rhus lances) African sumac L L L L M M -- Gc P Su N Sedum s p. (some are H lotele hiurn) stone cro L L L L P Su Sem ervivum spp. house leek L L L L ? ? - - S Senecio cineraria Jacobaea mantima dusty miller L L L L M M P Su Senecio cylindricus S vitalis)(nomen unresoly narrow leaf chalksticks L ? L L ? ? S N Senecio Oacndus var douglasii Douglas groundsel VL L Vi. L / M Gc P Su Senecio mandraliscae (Kleinia mandraliscae) kleinia L ? L L ? ? - _ Gc P Su Senecio ser ens blue chalksticks L ? L L ? ? P Su Senecio talimades and cvs. (nomenclature unf blue finger L / L L ? ? -- PI I Senecio viravira - dust miller - L L L L ? ? Senna artemisioides Cassia artemisioides feathery cassia/senna L L L L L L S Senna did mot-c—a (Cassia did mobot a) popcorn senna ? ? L L ? ? S Senna nerno hila Cassia neuro hila desert cassia ? L L L L L -- S Senna odorata Cassia odorata) southern Senna ? ? L L ? L S Senna hyllodinea (Cassia phyllodines) silver leaf cassia/senna ? ? L L L L S Senna ur usii Baja California senna ? ? VL L ? ? - S Senna sturtii Cassia sturUi) Sturt's cassia/senna / / L L L T- s Senna wislizeni (Cassia wislizeni) shrubby senna 7? L L L L P N N She herdic ar entea silver bu _ffaloberry. L ? VL VL ? P ,.._ ,,...__.. a .m_. ? Shone s , (rA native andngr-nativr. s moss ink p p k/campion M M L L _ S -- N d Simmontlsia chinensis 'o'oba VL VL VL VL L L L P N SisVrinchium 6ellum and cvs. -- —' -- blue-eyed grass VL L L S Solanum hindsianum mariola ? ? VL L ? ? 5 N Solanum umbelliferum and cvs. blue witch L M VL L ? ? N Solanum wallace's ni htshade cei Walla ? 7 L L ? ? S N Solanum xanti and cvsblue witch L M VL L Gc S Sollya heterophylla�� Australian bluebell creeper L L L L V .,_...._.. —. Sotl a hetero n Ila f. parviflora vininq bluebell L L L L S _ Sonchus canariensis tree sonchus M ? VL VL ? ? - - _ S T L L L LF Sriphora secundiflora Texas mountain laureIL L---- B Sparaxis spp. Harlequin flowerL M VL VL ? v S _ S artium junceum Spanish broom L VL VL VL VIL _ % P N S haeralcea s p. CA native and non -natives desert/ lobe mallow L L —L VL �._..___._ VL G N _E . _ S sorobolus aurides alkalai sacaton VL L L L _. L G N S orobolus wri htii big sacaton L VL VL L L ? Br Sprekelia formosissima Aztec til L L L L ? '? P N Stach s bullata shade�(S. californjca) hed e nettle L ? L L ? P N Staeh s p cnantha pale hedge nettle ? ? ? L ? _, I S Su Stenocereus Urorben (Lemaireocereus) or an pipe cactus / / VL L / VL G N Sti a cernua (Nassella cernua nodding needlegrass VL VL VL VL ? ? - G N Stipa comae needle and thread grass ? VL VL L ? ? G N Stipa le itla Nassalla lep,da) foothill needlegrass VL VL VL VL 7 ? G N Stipa pulchra (Nassella pulchra) purple needlerass VL VL VL VL ? ? G Stipa ramosissima Austrosti a ramosissima illar of smoke rass L L L L ? ? _ - -- G Sti )a tenuisslma Nassella tenuissima) Mexican feather rass L L L L L M S Strelitzia re inae var'uncea narrow -leafed bird of paradl M ? L L ? ? - S N StVrax redivivus S. Californicus, S fulvescens snowdro bush L L L L M / S -- Swainsona ale ifolia winter sweet ea M ? L I. ? ? - --_- S N Sympnoncarpps albus (SI-IADEJ snowber L L L L ? 7 S S mphoricarpos In brids (SFIADE) snowber L L ? L ? ? - -- S N S mphoncarpos Ion iflorus (SHADE) desert snowber L L l L ? ? - GcI I I I I I IN S mphoncarpos mollis (shade in SD) cree in snowber 5 S mphoricar os orbiculatus (SHADE) coralberry M L ? L ? ? S N Symphoricarpos otundifol us (SHADE) round leaf snowber L L I L P S Ta getes lemmonii mountain marl old L L L L M M T N Tamarix aphvlla salt cedar VL VL L F L VIL VL S Tamarix pentaph Ila tamarisk VL VL L L VL VL _ P Tanacetum coccineum Pyrethrum roseum) painted daisv I M I / I L I L ? ? S Tacoma 'Crimson Flare' yellow bells L/ L L M M - S Tecoma 'SunriseSunrise tecoma L? L L M M — guarume (T'Oran e Jub�le Orla _ a g L nge Jubilee tecoma M 'M L L M 'M S -- T Tecoma stansspp y ow bells L-( 1 L L M 5 Tecoma x stela 'Flamm Bells' Flaming Bells L ? L L ? ? _. - Appendix A WUCOLS Region Ba BL G Gr, P Pa S Su T V N Botanical Name Common Name 1 2 3 14 15 6 S Tecoma x smithii orange bells ? ? M L ? ? P N Tetraneuris acaulis (Hymenoxys acaulis) stemless four -nerve dais L? L L L L S Tetrapanax pap rifera rice paper plant L M M L ? ? Gc P S Teucrium chamaedrys _ germander L L L L. M M Gc P Teucrium cossoniL Ma orcan ermander VL L L L ? ? S Teucrium Flavum yellow germander L L ? L ? ? _ S Teucrium fruticans bush germander L L L L M M _ �P Teucrium marum cat thyme L L L L ? ? _ P Thermo p sis montane golden banner M v 1 ? L ? ? T Toone sinensis (Cedrela sinensis) Chinese toon L M L L ? ? BL N Toxicocordlon fremontii (Zygadenus fremonth star lily VL VL VL VL ? ? Pr T Trach car us fortunei windmill palm L M M L M M P S N Trichostema lanatum woolly blue curls VL VL VL L / / S N Trichostema parishii mountain blue curls VL VL VL L / / _ Gc Trifolium fra ifarum O'Connor reve etation us O'Connor's leg ume L L L L / / P N Trillium chloro etalum wake robin M ? / VL ? ? Br N Triteleia h acinthina white brodiaea VL VL VL VL ? ? Bt N Triteleia laxa Ithuriel's spear VL VL VLI VL I ? ? BL N Triteleia pedunculans long -rayed brodiaea VLl VL VLI VL I ? 7 Br Tntonia spp. tritonia L ? VL VL ? ? S N Trims californica trixis ?? VL L L L T Ulmus parvifolia Chinese evergreen elm L M M L M M T Ulmus pumila Siberian elm L L ! L M M Br Ur inea maritima seasquill L L VL VL / / T Vachellia farnesiana (Acacia farnesiana) sweet acacia VL L L VL ! L T Vachellia farnesiana var. farnsiana (Acacia far., desert sweet acacia / / VL VL / L _ Gc P N Vancouveria spp. (shade) inside -out flower M / I L ? ? ,. tar Veltheimia bracteata forest lily M? L VL ? ? BL _ Veltheimia ca ends sand lil L ? L VL ? ? P I N Vene asia car esioides canyon sunflower ? ? L L ? ? _ P I Verbascum bomb ciferum silver mullein L L M L ? ? P Verbascum hoeniceuro purple mullein L L L L. ? ? P Verbena bonariensis vomena (benariensis) VL L L L M? P N Verbena ooddin ii Gtandularia ooddin ii) Gooddil verbena L L VI_ L L L P N Verbena lasiostach s robust verbena L L? L ? ? Gc P Verbena eruvian@ Peruvian verbena L L L L M M _ Gc P Verbena ri ida vervain _ L M L L M M _ Gc P Verbena tenuisecta moss verbena L L L L M M S N Vi uiem Janata woollv-leaf sunflower L L VL L ? ? S Vi, uiera parishii desert golden e L L VL L L L T Vitex a nus-castus chaste tree L L L L L L V N Vifis'Ro er's Red' Ro er's Red grape L L L L M ? V N Vitis californica California wild rape L VL L L M M _ V N Vitis qirdiana desert grape L L L L M M _ Pm T N Washin tonia filifora California fan palm L M M L M M Pn T Washin tonia robusta Mexican fan palm L M I L I L I M I M ....._......... _ S Wesh'in ia'W n abbie Gem' Wyn abbie Gem westrincia L L I L I L I / I ? S I I Westrin is fruticosa (rosmanniformis)& hybrid. coast rosemary L L L L / ? P I I N Whipplea modesta (shade) modest L ? M L ? ? X Amarcrinum memoria-corsii crinodonna L VL M VL ? ? BL XAmary ianybrids amarygia VL VL VL VL ? ? T X Chiranthofremontia lenzii hybrid monkey hand treev L L L L ? ? T X Chitalpa tashkentensis chitalpa L L L L L L P SU X Gra tosedum cultivars graptosedum L / L L ? ? _ S X Halimiocistus sahucii _ hybrid rockrose L ? L L ? ? _ 5 X Halimiocistus wintonensis halimiocistus L L L L ? ? _ P SUI X Man ave cvs man ave L ? 1_1 L I ? ? P Su X Pad h veria spp. pachvveriaL ? L L ? ? S X Ruth rus olia 'Fh flis Van Heerden' Phyllis Van Heerden ruttvru ? ? M L ? ? PI I Sul I X Sedeveria cvs stonecrop L M L I L I ? ? _ PI I I 1 11 Xanthorrhoea spp _ rass tree L / P 5 N X lococcus bicolor mission manzanita L ? �12 S Su Yucca aloifolia Spanish ba,,onel VL ? L 11 S 6u N Yucca beccata banana ucca VL ? VL Appendix A WUCOLS Region Ba Bi G Ge P Pn S Su T V N Ootamcal Narnea Common Name 1 S Su N Yucca brevifolia Joshua tree VL VL VL VL S Su Yucca elate soaptree ucca VL VL VL L S Su Yucca ele hand es iant ucca VL VL ? ? s Su Yucca faxoniana lant white ucca ? T23 VL VLL S su Yucca filamentosa & evs. Adam's needle L VL LS Su Yucca loriosa S anish da. er L VL L LS Su Yucca recurvifolia curve leaf ucca ? VL L MS Su Yucca ri idablue ucca VL VL VL L S Su Yucca rostrata beaked yucca VL _ S Su N Yucca schidi era Y.californlca, Y. moha Mojave yucca VL �VL Zeph ranthes candida white rain lil M -- Gc P Zinnia randiflora praine zinnia I L I M I Ll L L I L I-- Appendix B SAMPLE CALCULATIONS FOR SINGLE FAMILY RESIDENTIAL, MULTI FAMILY RESIDENTIAL, AND COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL CUSTOMERS Planting Plans shall be prepared using the following Water Budget Formulas for Single Family Residential, Multi Family Residential and Commercial, Industrial and Institutional customers: Maximum Applied Water Allowance (MAWA) MAWA (in gallons)=(ETj(0.62)[(0.6 x LA)] Where: MAWA - Maximum Applied Water Allowance (gallons per year) ETO - Reference Evapotranspiration (inches per year) 0.62 - Conversion Factor (to gallons) 0.6—ET Adiustment Factor (E,rAF) LA - Landscape Area including SLA (square feet) Example: (55) (0.62)[0.6x4,870)] = 99,640 gallons Estimated Total Water Use (ETWU) ETWU (in gallons) _ (ETj(0.62)[((PFxI-IA)/IE)] Where: EAWU—Estimated Annual Water Use ET, - Reference Evapotranspiration (inches per year) 0.62 - Conversion Factor PF - Plant Factor from Water Use Classification of Landscape Species (WUCOLS) RA - Hydrozone Area flow and very low water use areas] (square feet) IE - Irrigation Efficiency (minimum 0.71) Example: (55) (0.62)[((0.2x4,870/0.71)] 46,779 gallons Appendix C SAMPLE CALCULATIONS FOR COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL CUSTOMERS WITH SPECIAL LANDSCAPE AREAS Planting Plans shall be prepared using the following Water Budget Formulas for Commercial, Industrial and Institutional customer with Special Landscape Areas (SLA) such as recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water: Maximum Applied Water Allowance (MAWA) MAWA (in gallons) = (ET,)(0.62)[(0.6 x LA)+(0.4 x SLA)] Where: MAWA - Maximum Applied Water Allowance (gallons per year) ETf) - Reference Evapotranspiration (inches per year) 0.62 - Conversion Factor (to gallons) 0.6—ET Adjustment Factor (ETAF) LA - Landscape Area including SLA (square feet) 0.4—Additional Water Allowance for SLA SLA — Special Landscape Area (square feet) Example: (55) (0.62)[0.6x20,000)+(0.4x2,000)] = 436,480 gallons Estimated Total Water Use (ETWU) ETWU (in gallons) = (ETJ(0.62)[((PFxHA)/IE) +(0.4 x SI.,A)]Where: EAWU—Estimated Annual Water Use ETn - Reference Evapotranspiration (inches per year) 0.62 - Conversion Factor PF - Plant Factor from Water Use Classification of I-andscape Species (WUCOLS) HA - Hvdrozone Area [low and very low water use areas] (square feet) 0.4 — Additional Water Allowance for SLA IE - Irrigation Efficiency (minimum 0.7'1) SLA— Special Landscape Area (square feet) Example: (55) (0.62)[((0.2x20,000/0.71)+(0.4 x 2,000))] = 163,680 gallons Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Sections: 19.08.010 Short title. 19.08.020 Purpose and intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Landscape documentation package requirements. 19.08.060 Project information. 19.08.070 Planting plan requirements. 19.08.080 Irrigation design plan requirements. 19.08.090 Soil management plan requirements. 19.08.100 Grading design plan requirements. 19.08.110 Landscape irrigation and maintenance. 19.08.120 Review and certification of landscape documentation package. 19.08.130 Water conservation requirements. 19.08.140 Coordination with water purveyors. 19.08.010 Short title. This chapter shall be known as the "landscape water use efficiency ordinance." [Ord. 1269 § 2, 2010], Page I of 1 1 19.08.020 Purpose and intent. It is the intent of the City Council of the City of Lake Elsinore in adopting the ordinance codified in this chapter: A. To establish provisions for water management practices and water waste prevention; B. To establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of 70 percent of their reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and/or runoff; G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the State of California Water Efficiency in Landscaping Act and the California Code of Regulations Title 23, Division 2, Chapter 2.7. [Ord. 1269 § 2, 2010], 19.08.030 Definitions. The terms used in this chapter have the meaning set forth below: littp://www.codCI)Liblisliijig.cojii/CA/1-akeElsiiiot-e/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 2 of 11 "Backfilling" means to refill an excavation, usually with excavated material. "Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "Check valve" or "anti -drain valve' means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. "Established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. "Estimated annual water use" or "EAWU" means estimated total water use per year as calculated by the formula contained in LEMC 19_0„8.070(L)(14). "Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or nonirrigated. "Invasive species" are nonindigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi-Specles Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this chapter, invasive species include other locally invasive species as further defined by the City of Lake Elsinore. "Landscape architect" means a person who holds a license to practice landscape architecture in the State of California (Gov. Code Section 5615). "Landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation). "Local water purveyor" means any entity, including a public agency, city, county or private water company, that provides retail water service to customers in the City of Lake Elsinore. "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area. "Overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.). "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference to evapotranspiration is used as the basis for determining the maximum applied water allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current EvapoTranspi ration Zones Map prepared by the California Department of Water Resources. For geographic areas not covered by the EvapoTranspiration Zones Map, data from nearby areas shall be used. "Rehabilitated landscapes" means any relandscaping project that requires a permit, plan check, or design review to which this chapter applies. "Special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, and golf courses, where turf provides a playing field or where turf is needed for high traffic activities. http://www.codepublishitig.com/CA/l,akeElsinore/ 2/3/2016 Chapter ] 9.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 3 of I I "Temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "Water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater. "WUCOLS" means the publication entitled "Water Use Classification of Landscape Species' by the U.C. Cooperative Extension (1999 or most current version). [Ord. 1269 § 2, 2010]. 19.08.040 Applicability. A. The water efficient landscape requirements contained in this chapter shall be applicable to all new construction landscapes which are homeowner -provided and/or homeowner -hired in single-family and multifamily projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or design review and/or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and/or approvals. B. In the event covenants, conditions and restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this chapter in connection with common area/open space landscaping. Additionally, such a condition shall also require the covenants, conditions and restrictions to incorporate provisions concerning landscape irrigation system management and maintenance consistent with this chapter. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, conditions, and restrictions shall not prohibit use of low water use plants. Covenants, conditions, and restrictions shall not prohibit the replacement of turf with less water intensive plant species. C. This chapter applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter. D. Recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries shall be required to comply with LEMC 19_08.110(A), (B) and (C) and LEMC 19,08;130. Existing cemeteries shall comply with LEMC 19,08.130. E. The following are exempt from the provisions of this chapter: 1. Any project with a total landscaped area less than 2,500 square feet; 2. Registered local, State or Federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than three years; 4. Mined -land reclamation projects that do not require a permanent irrigation system; and 5. Botanical gardens and arboretums open to the public. [Ord. 1269 § 2, 2010]. 19.08.050 Landscape documentation package requirements. A. An applicant proposing any new or rehabilitated landscape for which this chapter applies shall prepare and submit to the Community Development Director or his/her designee documentation including, but not limited to, the following: 1. Project information conforming to LEMC 19:08_.060; 2. Planting plan conforming to LEMC 19,08;070; 3. Irrigation design plan conforming to LEMC 19.08.080; 4. Soil management plan conforming to LEMC 19..08.090; and 5. Grading design plan conforming to LEMC 1.9.,08.100. http://www.codeptibIishiiig.com/CA/Lai(eElsiiiore/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 4 of 11 B. An applicant proposing any new landscape that is subject to this chapter and designated for recycled water use is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor and applicable City departments. All recycled water irrigation systems will be required to comply with the standards of both the local water purveyor and the applicable City departments' standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor and the City. C. Water systems for common open space areas shall use nonpotable water if approved facilities are made available by the water purveyor Provisions for a nonpotable water system shall be provided within the landscape plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. D. The planting plan, irrigation plan, and soils management plan shall be reviewed by an independent licensed landscape architect to ensure that all components of the plans adhere to the requirements of this chapter. The licensed landscape architect shall sign the plans verifying that the plans comply with this chapter. Any plans submitted without the signature of a licensed landscape architect shall not be accepted for review. [Ord. 1269 § 2, 2010]. 19.08.060 Project information. The applicant shall complete and submit to the Community Development Director or his/her designee a project information sheet containing, at a minimum, the following information: A. The date that the project information sheet is submitted. B. The applicant's name and the applicant's contact information. C. The project owner and the project owner's contact information. D. The project address including parcel and lot numbers. E. Total landscape area (square feet). F. Project type (e.g., new, rehabilitated, public, private). G. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. H. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." [Ord. 1269 § 2, 2010]. 19.08.070 Planting plan requirements. A. The "Riverside County Guide to California Friendly Landscaping" ("County Landscape Guide') is hereby incorporated by reference to assist with developing water efficient landscapes. Planting plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ("City Landscape Guide"), planting plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together with regard to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. C. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. http://www.codepLiblisliiiig.coni/CA/LakeElsiiiore/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 5 of 11 D. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. E. Plant selection for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Fire -prone plant materials and highly flammable mulches shall be avoided. F. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to environmentally sensitive areas. G. All exposed surfaces of nonturf areas within the developed landscape area shall be mulched with a minimum three-inch layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one-half inches. H. Stabilizing mulching products shall be used on slopes. I. Turf areas shall be used in response to functional needs and in compliance with the water budget. J. Decorative water features shall use recirculating water systems. K. Where available, recycled water shall be used as the source for irrigation and decorative water features. L. Planting plans shall identify and site the following: 1. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; 2. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; 3. Designation of hydrozones; 4. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; 5. Property lines, streets, and street names; 6. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; 7. Appropriate scale and north arrow; 8. Any special landscape areas; 9. Type of mulch and application depth; 10. Type and surface area of any water features; 11. Type and installation details of any applicable stormwater best management practices; 12. Planting specifications and details, including the recommendations from the soils analysis, if applicable. 13. Maximum Applied Water Allowance. a. The following water budget formula shall be used to determine the maximum applied water allowance: MAWA (in gallons) = (ETo) (0.62) [0.7 x LA + 0.3 x SLA] where: ETo is reference evapotranspiration. SLA is the amount of special landscape area in square feet. LA is total landscape area (including the SLA) in square feet. http://www.codepublishiiig.coni/CA/I-al<eElsiiiore/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 6 of 11 b. For the purposes of determining the maximum applied water allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 14. Estimated Annual Water Use (EAWU). a. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ETo) (0.62) [((PF x HA) / IE) + SIA] where: ETo is reference evapotranspiration. PF is plant factor. HA is hydrozone area in square feet. IF is irrigation efficiency (minimum 0.71). SIA is the amount of special landscape area in square feet. b. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project. C. The plant factor used shall be from WUCOLS. The plant factor for low water use plants ranges from 0 to 0.3, for moderate water use plants ranges from 0.4 to 0.6, and for high water use plants ranges from 0.7 to 1.0, d. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. e. The surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. M. Planting plans and irrigation plans (defined in LEMC 19.08,080) shall be drawn at the same size and scale. N. The planting plan shall be prepared by a landscape architect licensed by the State of California. [Ord. 1269 § 2, 2010]. 19.08.080 Irrigation design plan requirements. A. The Landscape Guide shall be used by the applicant to assist in designing, constructing, and maintaining an efficient irrigation system. Irrigation design plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City Landscape Guide, irrigation design plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. C. All irrigation systems shall be designed to prevent runoff, over -spray, low -head drainage and other similar conditions where water flows off site onto adjacent property, nonirrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. D. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water http://www.codepublishiiig.coin/CA/LakeElsiiioi-e/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 7 of I l conservation technology may be required, where necessary, at the discretion of the Director of Community Development or his/her designee. E. Water systems for common open space areas shall use nonpotable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a nonpotable water system shall be provided within the irrigation plan. Water systems designed to utilize nonpotable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. F. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the County Landscaping Guide or City Landscaping Guide, whichever is in effect at the time that the application is deemed complete. G. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. H. The capacity of the irrigation system shall not exceed: 1. The capacity required for peak water demand based on water budget calculations; 2. Meter capacity; or 3. Backflow preventer type and device capacity. I. Sprinkler heads and other emission devices shall have matched precipitation rates, unless othenvise directed by the manufacturer. J. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. K. Nonturf areas on slopes greater than 25 percent shall be irrigated with drip irrigation or other low volume irrigation technology. L. Long, narrow or irregularly shaped area including turf less than eight feet in width in any direction shall be irrigated with subsurface irrigation or low volume irrigation technology. M. Overhead irrigation shall not be permitted within 24 inches of any nonpermeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs. N. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m O. All irrigation systems shall be equipped with the following 1. A smart irrigation controller as defined in subsection (D) of this section; 2. A rain sensing device to prevent irrigation during rainy weather; 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut-off valve as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; 5. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and http://www.codepublisiiing.com/CA/I-al<eElsiiioi-e/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 8 of 11 7. Riser protection components for all risers in high traffic areas. P. Dedicated landscape meters shall be required for all projects greater than 2,500 square feet except single- family residences. Q. Irrigation design plans shall identify and site the following: 1. Hydrozones. a. Each hydrozone shall be designated by number, letter or other designation; b. A hydrozone information table shall be prepared for each hydrozone, 2. The areas irrigated by each valve; 3. Irrigation point of connection (POC) to the water system; 4. Static water pressure at POC; 5. Location and size of water meter(s), service laterals, and backflow preventers; 6. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, and drip and low volume irrigation equipment; 7. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; 8. Precipitation rate (inches per hour) for each overhead spray circuit; 9. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols for all irrigation equipment with different spray patterns, spray radius, and precipitation rate; 10. Irrigation system details for assembly and installation; 11. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and 12. Irrigation design plans shall contain the following statement, "I agree to comply with the criteria of Chapter 19.08 of the Lake Elsinore Municipal Code and to apply them for the efficient use of water in the Irrigation Design Plan." R. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. S. Irrigation plans and planting plans (as required by LEMC 19_.08.070) shall be drawn at the same size and scale. [Ord. 1269 § 2, 2010]. 19.08.090 Soil management plan requirements. A. After mass grading, the project applicant or his/her designee shall. 1. Perform a preliminary site inspection; 2. Determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); http://www.codepLiblishing.com/CA/1-akeElsiiiore/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 9 of 11 3. Conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and 4. Obtain appropriate soil sample(s); B. The project applicant or his/her designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: 1. Soil texture; 2. Infiltration rate determined by laboratory test or soil texture infiltration rate tables; 3. pH; 4. Total soluble salts; 5. Sodium; and 6. Recommendations; C. The project applicant or his/her designee shall prepare documentation describing the following: 1. Soil type; 2. Identification of limiting soil characteristics; 3. Identification of planned soil management actions to remediate limiting soil characteristics; and D. The project applicant or his/her designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or his/her designee pursuant to the requirement of LEMC 19.08„120(C). [Ord. 1269 § 2, 2010]. 19.08.100 Grading design plan requirements. If applicable, the landscape documentation package shall include rough/precise grade elevation prepared for the project by a licensed civil engineer. [Ord. 1269 § 2, 2010]. 19.08.110 Landscape irrigation and maintenance. A. This section applies to all landscape projects subject to this chapter. B. The County Landscape Guide shall be used by the applicant to assist in implementing landscape maintenance to ensure water use efficiency. Landscape maintenance shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ("City Landscape Guide'), landscape maintenance shall be, to the extent feasible, consistent with the City Landscape Guide. C. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporates the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. D. A regular maintenance schedule and certificate of completion shall be submitted to the Director of Community Development or designee, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent. littp://www.codepublisliing.coni/CA/1-akeElsiiioi-e/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 10 of 11 E. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter. F. Information shall be provided to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. [Ord. 1269 § 2, 20101. 19.08.120 Review and certification of landscape documentation package. A. The Director of Community Development or his/her designee shall have the duty and authority to administer and enforce this chapter. B. Upon submission by an applicant of a landscape documentation package pursuant to LEMC _1.9:0.8_.040, the City shall: 1. Provide the project applicant with a copy of this chapter and procedures for permits, plan checks, or design reviews; 2. Review the landscape documentation package submitted by the project applicant; 3. Approve or reject the landscape documentation package; and 4. Issue a permit or approve the plan check or design review for the project applicant. C. Certificate of Completion. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a regular maintenance schedule and a certificate of completion shall be submitted to the Director of Community Development or his/her designee certifying that the landscaping has been completed in accordance with the approved planting, irrigation, soil management, and grading design plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall include: 1. The date of the inspection. 2. The following project information: a. Project name. b. Project applicant name, telephone, mailing address. c. Project address and location. d. Property owner name and mailing address. 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the certificate of completion). 4. A statement that the landscaping has been installed in conformance with the approved planting and irrigation plans. 5. An irrigation audit report performed by a certified irrigation auditor after project installation (the audit report shall be attached to the certificate of completion). 6. A statement that the smart irrigation controller has been set according to the irrigation schedule. 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff. 8. A statement confirming that a copy of the approved landscape documentation package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. littp://www,codcpubIishiiig.cold/CA/l.akeElsiiiore/ 2/3/2016 Chapter 19.08 WATER EFFICIENT LANDSCAPE REQUIREMENTS Page 11 of 1 1 D. At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. E. The Director of Community Development or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this chapter. [Ord. 1269 § 2, 2010]. 19.08.130 Water conservation requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A. Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 a.m. and 5:00 p.m. on any day, except by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 p.m. to 9:00 a.m. B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a handheld bucket or similar container, a handheld hose equipped with a positive self-closing water shut-off device, a low volume, high pressure cleaning machine equipped to recycle any water used, or a low volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than seven days, is prohibited. [Ord. 1269 § 2, 2010]. 19.08.140 Coordination with water purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure. B. Allocation -based conservation water pricing structure. C, A rate structure at least as effective as the above options. D. Irrigation audits and/or irrigation surveys. E. Penalties for water waste. [Ord. 1269 § 2, 2010]. Mobile Version http://www.codepubIisliiiig.com/CA/Lai(eElsiiiore/ 2/3/2016 From: Matthew Conway To: Richar M-acHoq,LEED_Qrgen Assoc Cc: Grant TavlQr Subject: RE: Landscape Ordinance Date: Wednesday, February 03, 2016 1:41:25 PM Richard, I have had a chance to review the document and it looks great. No comments from me. Thanks Matt From: Richard J. Macl-lott, LIED Green Assoc. [mailto:rmachott@Lake-Elsinore.org] Sent: Wednesday, January 27, ?nm 3.28 pM To: Matthew Conway <mconway@evmwd.net> Cc: Grant Taylor <gtaylor@Lake-Elsinore.org> Subject: FW: Landscape Ordinance Matt, I have finalized our draft Water Efficient Landscape Requirements code amendment. We wanted to give you another chance to comment on the document before taking it to City Council for adoption. The matter will be scheduled for City Council consideration at its February 23, 2016 meeting. If you have any comments or suggested changes, please provide them to me no later than February 9, 2016. If you have any questions, please let me know. Richard J. MacI Iott, LELD Green Assoc. Planning Manager City of Lake Elsinore PH:(951) 674-3124 Ext. 209 From: Richard J. MacHott, LFFD Green Assoc. Sent: Thursday, January 14, 2016 5:51 PM To: Matthew Conway <mconwayPa evmwd-,net> Cc: Grant Taylor<gta,ylorPLake_Elsitlore.,Q Subject: RE: Landscape Ordinance Matt, We have finished our draft Municipal Code change. It incorporates much of the EVMWD ordinance but I also added procedures from our current Municipal Code language. I am attaching a copy for your review and comments. The text is based upon EVMWD's ordinance with my deletions/additions shown as strikeouts (deleted text) and underlines (added text). I also formatted the text to mirror the way the LEMC is formatted. Please provide me with your comments as soon as possible for our consideration. Let me know if you have any questions. Richard J. MacHott, LEED Green Assoc. Planning Manager Cit of Lake Elsinore PHy(951) 674-3124 Ext. 209 From: Matthew Conway [mai to Cmconway@evmwd,net] Sent: Thursday, December 03, 2015 4:18 PM To: Matthew Bassi <mIbassi cit ofwildomar org>; Grant Taylor<gtaylor Lake.Elsin9Se Qg> Ce: Dan York <dyork@cityofwil lomar,org>; Richard J. Macl-lott, LEED Green Assoc. <rmachott@Lake=. El slno..re.._org> Subject: RE: Landscape Ordinance Can you send me a copy of what was approved? Are you going to follow the new State Model Landscape Ordinance guidelines? Thanks Matt From: Matthew Bassi [mailto mbassi@citygfwildorna,r,o,rg] Sent: Thursday, December 03, 2015 4:06 PM To: Grant Taylor <gta-ylor(�La-ke_Elsinore o,rg> Cc: Matthew Conway <mconway@evmwd,.net>; Dan York <dyork@atyofwldomar org>; Richard J. MacHott, LEED Green Assoc <rmachott@Lake Llslnore.org> Subject: Re: Landscape Ordinance We took a modified version to our council last month. Sent from my iPhone On Dec 3, 2015, at 3:36 PM, Grant Taylor <gtaylorPLake Flsinore org> wrote: Hello Matt, Still working on it. Will get to Council in January or February at the latest. Grant Taylor Director of Community Development City of Lake Elsinore PH:(951) 674-3124 Ext. 270 From: Matthew Conway [mailtc:mconway(raevmwd net] Sent: Thursday, December 03, 2015 3:10 PM To: Grant Taylor <gtaylor@I ake Llsinore.org>; Matthew Bassi <mbassi@c tyofwildomar.org>, dyork(@ntyofwildomar.org' <dyorkPcityofwildomar. _Qrg> Subject: Landscape Ordinance Good Afternoon Gentleman, Hope you all had a great Thanksgiving. I was just wondering what the status was on getting your Landscape Ordinance adopted to reflect the changes of the resolution our Board approved back in May? Also if something has been adopted does that mean that your staff is reviewing the plans now to make sure they meet the new Ordinance? Currently I am checking plans for new development and don't need to anymore if your staff is doing that already Thankyou Matthew Conway Elsinore Valley Municipal Water District 31315 Chaney St. Lake Elsinore, CA 92530 Water Efficiency and Educational Specialist Cell — 951-207-6081 951-674-3146 Ext. 8247 mconway@evrnwd net LAKE- RG 4-I I��'-4 "� Cit of Lake Elsinore 951)6 4-3124 E.ONE Y (951) 674-3124 PHONE 1,1)K ��aI-Sf[`t )]-Ij CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA Regular Agenda 92530 Successor Agency BRIAN TISDALE, CHAIR ROBERT MAGEE, VICE -CHAIR DARYL HICKMAN, AGENCY MEMBER STEVE MANOS, AGENCYMEMBER NATASHA JOHNSON, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR Tuesday, February 23, 2016 7:00 PM Cultural Center PUBLIC SESSION at 7:00 PM 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 211812016 Successor Agency Regular Agenda February 23, 2016 CALL TO ORDER - 7:00 P.M. ROLL CALL 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 City Clerk. The Chair or City 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 Approve Diamond Stadium Capital Repairs as authorized under the Approved ROPS Recommendation: 1. Authorize the City Manager to execute agreements and issue purchase orders totaling $212,231.14 for capital repairs and maintenance at the Diamond Stadium to the following vendors: Leisure Craft Inc. $ 28,521.14 MOR Cabinets $ 15,850.00 Maples & Associates $167,860.00 Attachments: Capital Repair Items At Diamond Stadium Staff Report 2016-02-23 EXHIBIT A- CAPITAL REPAIR SCHEDULE 2-23-2016 PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Agency form prior to the start of the Agency Meeting and turn it in to the City Clerk. The Chair or City Clerk will call on you to speak.) ADJOURNMENT The Lake Elsinore Successor Agency will adjourn this meeting to the next regularly scheduled meeting of Tuesday, March 8, 2016. The regular Closed Session meeting will be held at 5:00 p.m. and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore. AFFIDAVIT OF POSTING I, Susan M. Domen, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall 72 hours in advance of this meeting. Susan M. Domen, MMC City Clerk City o/ Lake Elsinore Page 2 Printed on 211812016 p Agenda Date: 2/23/2016 In Control: Successor Agency Agenda Number: 1) City of Lake Elsinore Text File File Number: ID# 16-087 Version: 1 130 South Main Street Lake Elsinore, CA 92530 w Jake-elsinore.org Status: Approval Final File Type: Report City of Lake Elsinore Page 1 Printed on 211812016 CITY OF LAKE DqLSINORE DREAM EXTiumf:M REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE TO: HONORABLE CHAIR TISDALE AND MEMBERS OF THE SUCCESSOR AGENCY FROM: GRANT YATES, EXECUTIVE DIRECTOR DATE: FEBRUARY 23, 2016 SUBJECT: APPROVE CAPITAL REPAIRS AT DIAMOND STADIUM AS AUTHORIZED UNDER THE APPROVED ROPS Recommendation 1. Staff recommends that the Successor Agency Board authorize the Executive Director to execute agreements and issue a purchase orders totaling $212,231.14 for capital repairs at the Diamond Stadium to the following vendors: • Leisure Craft Inc. $ 28,521.14 • MOR Cabinets $ 15,850.00 • Maples & Associates $167,860.00 Background Certain contracts governing operations and use, management and maintenance of the Lake Elsinore Diamond Stadium are in full force and effect and constitute enforceable obligations of the Successor Agency. In order to ensure that the Successor Agency can meet its legal obligations under these Stadium Operations Contracts, the Successor Agency and the Storm entered into a Stadium Interim Management Agreement ("Interim Agreement') to provide for the efficient and cost effective management, maintenance and operation of the Stadium by the Storm for calendar year 2013. A First Amendment to the Interim Agreement for calendar year 2014 and a Second Amendment to the Interim Agreement for calendar year 2015 were subsequently approved. A Third Amendment to the Interim Agreement for calendar year 2016 was approved by the Successor Agency, Oversight Board and that State Department of Finance (DOF). In accordance with the Interim Agreement and the Amendments thereto, DOF has approved the allocation of Real Property Tax Trust Funds (RPTTF) for Stadium obligations in accordance with approved Recognized Obligations Payment Schedules (ROPS). These obligations include specified capital improvements, including certain Diamond Stadium Capital Repairs February 23, 2016 Page 2 capital facilities and equipment at the Stadium that have simply worn out or are in a condition of disrepair. The Stadium is 22 years old, and despite the ongoing maintenance being performed in accordance with applicable agreements, certain structural elements, capital components, operational systems and equipment require replacement in order to maintain the Stadium in accordance with the Stadium Operations Contracts and to protect the safety of the players and the spectators consistent with applicable laws and standards. Because these repairs/replacements are necessary to continue to meet the Successor Agency's obligations under the Stadium Operations Contracts and in accordance with the Interim Agreement and Amendments thereto, Successor Agency staff recommends that the Board approve the repair and replacement of the capital items included herein. Fiscal Impact All items totaling $212,231.14 are funded through the RPTTF (approved ROPS) received by the Successor Agency and the Capital Repair Schedule was approved by the Oversight Board as well as the State of California Department of Finance. Prepared by: Jason Simpson, Director of Administrative Services Approved by: Grant Yates, City Manager Attachments: Exhibit A EXHIBIT A LAKE ELSINORE STORM - DIAMOND STADIUM CAPITAL REPAIR SCHEDULE THIRD AMENDMENT TO THE INTERIM MANAGEMENT AGREEMENT FEBRUARY 23, 2016 2016 BEE # DESCRIPTION VENDOR NAME AMOUNT 18,19,20 Front office Flooring, Paint all Upper and Lower, Ceiling Tile Replacement Maples & Associates $ 59,800.00 23 Home Team Clubhouse Ceiling'riles, Flooring, Paint Drywall Repair Maples & Associates 30,200.00 34 Visitor Locker Room Ceiling Tile, Flooring, Paint walls and door Maples & Associates 26,200.00 39 Souvenir Lighting & Ceiling'Files Maples & Associates 15,960.00 40 Flooring & Painting (Visitors side/Home Side/Press Box) Maples & Associates 10,900.00 42 Toilets, Trash Cans, Tables Leisure Craft Inc. 28,521.14 43 First Aid Room Upgrade Maples & Associates 3,000.00 45 Bathrooms (Epoxy -OPS/Family) Maples&Associates 3,000.00 46 Refm bish Accounting Room Maples &Associates 11,800.00 47 Diamond Club Wood & Cabinet -Refinish M 0 R Cabinets 15,850.00 48 Secm ity Room Carpet/Lighting/Paint/Flooring/Electrical Cabinets Maples & Associates 7,000.00 Totals $ 212,231.14 VENDORS AMOUNT Maples & Associates $ 167,860.00 Leisure Craft, Inc. 28,521.14 M 0 R Cabinets 15,850.00 $ 212,231.14- siiiiles@tniles)awgroup.com February 23, 2016 VIA ELECTRONIC [Barhara@CEQA.conz] AND HAND DELIVERY Barbara Z. Leibold, City Attorney City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Re: Agenda Item 13: VTTM 30836 — Recommended Denial of Extension of Time Ms. Leibold: This law firm serves as land use and environmental law counsel to Castle & Cooke. On behalf of Castle & Cooke, this correspondence shall serve as a confirmation of tonight's City Council Agenda Item 13 regarding Vesting Tentative Tract Map 30836 ("VTTM 30836"). For that item, City Staff is recommending that the City Council find and conclude that VTTM 30836 expired ten years ago. Over the past several months, our office briefed several legal issues associated with the City's treatment of VTTM 30836. Several meetings have been held with the City Attorneys' Office to discuss VTTM 30836. Specifically, we've addressed vested rights, Subdivision Map Act extension standards, reliance, and estoppel theories that pertain to the City Staff's anachronistic position in recommending denial of the extension of VTTM 30836. The denial of the extension of VTTM 30836 implicates fourteen (14) years of physical improvement and financial commitment to develop the Tract. Starting with tentative map approval on January 13, 2004, Castle & Cooke illustrated a consistent and diverse financial commitment to VTTM 30836 and reliance on the City's confirmation that VTTM 30836 did not expire and was properly extended by the City in its regular course of business. A� a� k � RIES tt GROUP >,a.�. 4 c,,, � ' ,.,m, s, P R,Of ( .O r'A4 C NFORA"ON siiiiles@tniles)awgroup.com February 23, 2016 VIA ELECTRONIC [Barhara@CEQA.conz] AND HAND DELIVERY Barbara Z. Leibold, City Attorney City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Re: Agenda Item 13: VTTM 30836 — Recommended Denial of Extension of Time Ms. Leibold: This law firm serves as land use and environmental law counsel to Castle & Cooke. On behalf of Castle & Cooke, this correspondence shall serve as a confirmation of tonight's City Council Agenda Item 13 regarding Vesting Tentative Tract Map 30836 ("VTTM 30836"). For that item, City Staff is recommending that the City Council find and conclude that VTTM 30836 expired ten years ago. Over the past several months, our office briefed several legal issues associated with the City's treatment of VTTM 30836. Several meetings have been held with the City Attorneys' Office to discuss VTTM 30836. Specifically, we've addressed vested rights, Subdivision Map Act extension standards, reliance, and estoppel theories that pertain to the City Staff's anachronistic position in recommending denial of the extension of VTTM 30836. The denial of the extension of VTTM 30836 implicates fourteen (14) years of physical improvement and financial commitment to develop the Tract. Starting with tentative map approval on January 13, 2004, Castle & Cooke illustrated a consistent and diverse financial commitment to VTTM 30836 and reliance on the City's confirmation that VTTM 30836 did not expire and was properly extended by the City in its regular course of business. Barbara Z. Leibold, City Attorney February 23, 2016 Page 2 Mr. Tomlinson will be present at tonight's City Council meeting and available to address any City Council questions or concerns that may arise. Thank you for your due consideration. Please do not hesitate to contact us if we can assist in any capacity. Very truly yours, MILES • LAW GROUP, P.C. By: Stephen M. Miles Via Electronic Mail cc: Mr. Grant Yates, City Manager Mr. M.J. "Tom" Tomlinson, Senior Vice President, Castle & Cooke tiL 'r()it1,— • tpk ELSIiJORF. CA DMA Letterhead Date February 4, 2016 b� t r2�) Downtown Merchants Association Honorable Mayor, City Council and City Manager 130 S. Main Street Lake Elsinore, CA 92503 RE: Request for Increased Downtown Code Enforcement Dear Mayor, City Council and City Manager: On behalf of the Downtown Merchant's Association (DMA), the members are requesting that you. direct staff to pursue an increased Code Enforcement effort in the Downtown area. Specifically, we have concerns including but not limited to temporary signs, unpermitted signs, trash, and unauthorized temporary businesses. The DMA meets the first Thursday of each month and business members have discussed their desire for increased code enforcement efforts to enhance our businesses, attract new business and customers, provide curb appeal and generally improve the City image. Staff has explained the code enforcement program and procedures and what the DMA members are requesting is referred to as a "sweep". A sweep focuses on a specific area and should identify specific violation concerns as sweeps always generate complaints to elected officials and City management. The DMA understands the City desire to be business friendly, partner and assist the business cominunity while balancing the need to require code compliance and enforcement on City Council constituents who may very well likely complain about enforcement and the difficulty in being successful as a small business. We feel the benefits of the many outweigh the complaints of the few and are convinced that increased code enforcement in the downtown area will assist the success of the downtown businesses and the City r,c:zall. We respc,,.:tfrafly r(qU(_-St that (he City Council d".I,eci the City NLarla�,er to dite•(* -=iA Imment +t _9i to I'P,�yUlarl.y S..lonjI cl. cu:Ct conduct an ('.IlfoiZ'E;9Ywn t. 6Chk'ep of the di}wnt4'Wn area W .,t 001-° entoml the Lake ;aAmlre t�unjcip�,T Co,,Ap but focus on cantrrr� Eng violations to include I 17i�a,�wn, signs, paper signis wMDerAtted signs. s. t'rasit and un uthosized temporary 1JuMnesses. e Mne I['.gvkey our cons en ts to cc,!mpl)% with COCA' 3^4quir*,,n)-n is and "walk- vvidl CYti,' M4- f, In addition, the DINAA rnK.rxibers would' Ae the City to initi,>te ievi�. w anti tameiidmew of the: l hmvnhAvn l!`,a'ster elan h(iFS'c'ttiCi3.l1)1permitted YYws, stea'MJa_-r'tf. s and kir ,. you Yo'your ire and CI;bnSJdei's71rOIt.. Please feel taef to i:<Al.i me at (ph.onc. nunibt ) :)l' z'tllall At (t;!ldain. [lv, .niieerl l` v;a.r , President I. cni'ntown Merch rtt_: As ociretion r . • V: NI A Pule^rnbers 1 C7 �l ii..b! � '0 � c `"� +''rho- l`t•;�,1 „ / �, ti � {., ✓ d� t5.7/t L 17 t c. L �a- _J ,ity of Lake Elsinore 130 South Main Street -ake Elsinore, CA 92530 EMU 389-020-056,058 CITY OF LAKE ELSINORE 130 S MAIN ST LAKE ELSINORE, CA 92530 OFFICIAL NOTICE CITY OF LAKE ELSINORE Iw. CITY CLERK'S DEPARTMENT F i "I'l P),0111111YI! CITY COUNCIL PUBLIC HEARING NOTICE City of Lake Elsinore A PUBLIC HEARING WILL BEH_ELD BY THE CITY COUNCIL OF THE CITY OF I-AKE ELSINORE ON TUESDAY, THE 23rd DAY OF FEBRUARY, 2016, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE ITEM MAY BE HEARD AT THE CULTURAL CENTER LOCATED AT 183 N MAIN STREET, LAKE ELSINORE TO CONSIDER THE FOLLOWING PROJECT: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 30836 — A PROPOSED EXTENSION OF TIME OF VESTING TENTATIVE TRACT MAP 30836 FOR THE SUBDIVISION OF APPROXIMATELY 107.95 ACRES INTO 208 SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED EAST OF LAKE STREET AND NORTH OF NICHOLS ROAD (APNS: 389-080-036, 389-080-037, 389-080-038, 389-080- 039, 389-080=057, 389-110-010, AND 389-080-058). ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matters. 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. The City of Lake Elsinore is committed to making its programs, servicesandactivities accessible to individuals with disabil,fies. If you require accommodation to participate in a public hearing or any other city program, service or activity, please contact the City Clerk's office at the address,provided above, or call (951) 674-3124 ext. 262. All Agenda materials are available for review at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Justin Kirk, Senior Planner in the Planning Division at (951) 674-3124, ext. 284. Susan M. Domen, MMC, City Clerk O o N O O m o O O o 1 O O o 0 0 0 0 o m o O O O O O O o o N O om m m m m m m m m m m m m m m m m m m m m m m m w I r=i M m w m �n vi vi m m m m m m ui m �n vi O 'm m rn m m rn m m m m rn rn m rn m m m m m m m m m m m m m m rn m rn m m m m m m rn m m m m m m H H m 1¢ ¢¢¢ u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u u � u u u u w w w w w w w w w w w w w w w w w w w w w w w w 0 0 0 0 0 0 0 0 0 O O r 0 0 0 0 0 0 0 0 0 0 0 0 0 w 0 0 0 0 0 0 O O O O Z z w Z Z Z w Z Z w w w z z w z zz z z z z z z Z Z Z z z z¢ z z z z z z Z z z z z w w w w w w w w a w w w w w w w w w w w o w w www w w w O w w w w w w w ¢ > w w w w w w w w¢ w �55sm555m55m mm55 �>-55�555555sgsgsgs3ssssss 555>5 z I o � u x H F F F �- K �- F- 1- u u m �n m m O m u w u m w m m u N O N 2 > p u W d w O m o ¢ ti tu o o h K o o Q o KKo K000ZoKo go 0 0 o00oxog KK mxmKm x mm mK U Z¢ o w m m w w g W �55a°555 aa° 00 0 35a5555a55��5553?5�5�55 s m N M N O t0 N m N O O OlN O 1 Oi w N N w �0 d' Vl n n n O T N tp V N �p rl M O w 1 m m O n w w w n w w n w m ro n n w m OJ m w v ti m n o ti ti o m x u u wz z z 5 > a u u u u 3 3 a o m 2 >¢¢¢¢ a O O O N a ¢ W O D O z w J J J Z Z z j ^� W m Q Z m OJ a Wu, O O z a m W w 0 Y Y�/ w O W F? 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H m rc v ry N N m N o I N M w N v m H m v m M N v m a a v v v a v v v m V V m N rn v m m a O O O N O O O n O O n z m rn d m m m m a'i o'i o'i d di m d m m m od m m m m m m of o'i of m m m m m m m m m m m m m m m ti m m 0 m a w w m w w w w w w w m w o m w w w .-I w w w w w w w w w w w w w w w w w w w w w w w w o w w m w a m m m m m m m m m m m m O m m m m O m m m m m m m m m m M m m m m m m m m m m m m m o m m M m x:555»»5 [[////\§ \§\\[§[2 to U, :U—, \ %j§G2g\\ M. \\\\\\\\ THE PRESS -ENTERPRISE 1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P) Publication(s): The Press -Enterprise PROOF OF PUBLICATION OF Ad Dose.: MCA 2016-02 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: 02112/2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Feb 12, 2016 At: Riverside, California Legal Advertising Representative, The Press -Enterprise LAKE ELSINORE, CITY OF 130 S MAIN ST LAKE ELSINORE, CA 92530 Ad Number: 0010135666-01 P.O. Number: Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of It's City of Lake Elsinore, Cellhad e, will hold a public hearing on February 23, 2016, at the Leke Elsinore ultur- al Center, 183 North Main Street, Lake Elsinore, celilor- nia, 9253q at 7:00 p.m„ or as soon thereafter as the mat- ter may be heard, to consider, the following Vern: MUNICIPAL CODE AMENDMENT 2018.02 AN AMENDMENT OF TITLE 19 CHAPTER 19.08 OF THE LAKE ELSINORE INUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS. THE PURPOSE OF MUNICIPAL CODE AMENDMENT 2018.02 IS TO UPDATE THE CITY OF LAKE ELSINORE'S WATER EFF4 CIENT LANDSCAPING REQUIREMENTS TO COMPLY WITH THE CALIFORNIA DEPART. MENT OF WATER RESOURCE'S UPDATED STATE MODEL WATER EFFICIENT LAND- SCAPE ORDINANCE WHICH WAS ADOPTED BY THE CALIFORNIA WATER COMMISSION ON JULY 15, 2015. PURSUANT TO THE CALIFORNIA ENVIRON- MENTAL QUALITY ACT (CEQA), the City Council will consider making a finding that Municipal Code Amend- ment 201602 is exemppt from the Cnlllomis Envimnmen- fal Quality Act (Cal. Publ. Res, Code 4421000 at seq. "CEQA") and the State CEQA Guidelines (14. Cal. Code Regs 4415000 at seq., spacifically pursuant to Section 15301 (Class 7) and Lction 15308 (Class 8) which ex- empt actions taken by regulatory agencies as authorized by state law or local ordinance to assure the mainte- nence, restoration or enhancement of a natural resource or the protection of the environment where the regulatory process involves procedures for protection of the environ. ment. As separate and independent grounds, the City Council will consider making a finding that the amend- ment of Chapter heolf is exempt from the application of GEQA by Section 1506/(b) 3) (common sense exemp- tion) in that It can be seen with a certainty that there is 110 possibility that adoption of Municipal Code Amendment No. 2016-02 may have a significant effect on the environ. ment. ALL INTERESTED PERSONS are hereby invited to attend this Public hearing to present written information, express a mons or otherwise present evidence in the above matters. IIon wish to legally challenge any so tion taken by the Xy 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 crmas nndence de ivered to the Chs prior to or at the gram, Samoa or safety, please contact me Lary uierrc s office at the address provided above, or call (9511 674- 3124 ext. 262. All Agenda materials are available lot re. view at City Hell the Friday before the public heating. FURTHER INFORMATION on this item may be ob- tained by contacting Richard J. MacHott, Planning Man- age, in the Planning Division at (951) 674-3124, ext. 209. Susan M. Women, MMC City Clerk Posted at City Hall on Friday. February 12, 2016 Published in the Press Enterprise on Friday, February 12, 2016 C(-�- r) CK', � � � � � � � � » In, % 2 o o m 2 K 2 E \ a / k � & 0 2n��k k c 2 k IDIS i m K g a/ @ # ] 4A ] o m \ c o n - ro 4f k o n c ■ \ o S E G k % o A=; a 2 mEI g ƒ § E M%mR k�k] ID c _ La_ -0 o 7 _ X E �3 2 2n In / § j Ln a 0 27Ek ■ � g j �-w �n�g o Ei�2 kT� ETr rR Q E f 7 -rD 7 2 m ¢ ) § ] k-2m� 2 oj 1 ■ X ■ ac :1 m 0 0 ta ta m � � e ■ ul 0 �-� cr 4Pb(D C $ @ � � e 00 @ ME � Z, § & 0 CL n m m M < \ \ k } f FE -3 $ƒ 7rD c / r t / 0 0M aK 2 E E §ICL GE■flu k $ A 2 \ /k�jco $�� 7 / � / � § M M 0 � E _ o 3mr�/ 2 rD § 2 \� CL0 •< rr � ■ OA r • $k22 zr 0 % ® m n § tft 2 2 E E / o & < k « 2 § LM K \ 3 ® CL_ 4A 0 /kk2 :E 4 rr 2L n k CL =r a n q \ EEE_ RO 2 k / =r pr CDo ■ e m § % 2 E G E -o 2 � X ® W - 0 R =rO ® � @ e � 0 cr 00 (A N 40b (D 2 C th. n o m O 00 (n c 0 � 3 � -4re 2 g ( ■ 75' \ o , . �£ / 20 / # e � m 7E Name: Organization Represented: BREAM. EXTREME (-9" 1a 0 REQUEST TO ADDRESS THE CITY COUNCIL (P/ease submit to the City Clerk prior to meeting) ase Print I n Address ► 1 wish to address Agenda Item No. � � (comments limited to 3 minutes) ► I wish to comment on the following non-agendized item at the beginning of the meeting: (comments limited to 1 minute) ► 1 wish to comment on the following non-agendized item at end of meeting: (Comments limited to 3 minutes) 2 Date Signature —dL 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! CITE" OF TI�N. LAKE LS T7t REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: Organization Represented: Address ► I wish to address Agenda Item No (A - LIC-- Please Print Phone _ (Comments limited to 3 minutes) ► I wish to comment on the following non agendized item at the beginning of the meeting: (Comments limited to 1 minute) I wish to comment on the following non -a endued item at end of meeting- (Comments eetin -(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 (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! CITLY20F)3 LAK—E Cj.OKE 0/,LSIff DRE -AM TREW T i! REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Cterk prior to meeting) Name: Please Print organization Represented: L' U e �- hill,� Address -3r -fig/ Phone ► I wish to address Agenda {tem No. _L�_ _. (Comments limited to 3 minutes) I wish to comment on the following non -a. endized item at the be inning of the meeting: (Comments limited to 1 minute) I wish to comment on the following non -a endized item at end of meetin (Comments limited to 3 minutes) cPI a3 A, r U 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! 0 W CITY OF_ LAKECO3...... SI O._. _.. __ .... ..'., R.EA.m EXTREME` f pi REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Name: AE --q1 1+affA z Please Print Organization Represented: -51--)- Address te Address ► I wish to address Agenda Item No. Phone (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) ► ) 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! ciry of.c.. ;4 V wbP-.c.l �m+vrvaJ Cj1 LAK, -E. LSIAORk DREAM F-XtkEME TH Name: Organization Represented: REQUEST TO ADDRESS THE CITY COUNCIL (Please submit to the City Clerk prior to meeting) Add r'ess Please ► i wish to address Agenda Item No. vnone . (Comments limited to 3 minutes) ► I wish to comment on the following non -a. endized itemat the beginning_ of _the meetln . (Comments limited to 1 minute) r ► I wish to comment on the following non -a endized item at end of meeting: (,Comments limited to 3 minutes) `• rc7._��- t i i Date 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! THE PRESS -ENTERPRISE 1825 Chicago Ave, Suite 100 Riverside, CA 92507 951-684-1200 951-368-9018 FAX PROOF OF PUBLICATION (2010, 2015.5 C.C.P) Publication(s): The Press -Enterprise PROOF OF PUBLICATION OF Ad Desc.: EOT for TTM 30836 I am a citizen of the United States. I am over the age of eighteen years and not a party to or interested in the above entitled matter. I am an authorized representative of THE PRESS -ENTERPRISE, a newspaper in general circulation, printed and published daily in the County of Riverside, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of April 25, 1952, Case Number 54446, under date of March 29, 1957, Case Number 65673, under date of August 25, 1995, Case Number 267864, and under date of September 16, 2013, Case Number RIC 1309013; that the notice, of which the annexed is a printed copy, has been published In said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: ". 02/12/2016 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date: Feb 12, 2016 At: Riverside, California Legal Advertising Representative, The Press -Enterprise LAKE ELSINORE, CITY OF 130 S MAIN ST LAKE ELSINORE, CA 92530 Ad Number: 0010135668-01 P.O. Number: Ad Copy: NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of "a City 01 Lake Elsinore, Coniston will hold a p iblic hearing on February 23, 2016, at the Lake Elsinore CulIn - al Center, 183 Noun Main Street, Lake Elsinore. Califor- nia, 92530, at Too p.m., or as soon thereafter as the Met- ter may be heard, to consider the following related Ifems: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO, 30836 . A PROPOSED EX. TENSION OF TIME OF VESTING TENTATIVE TRACT MAP 30836 FOR THE SUBDIVISION OF APPROXIMATELY 107.95 ACRES INTO 208 SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED EAST OF LAKE STREET AND NORTH OF NICHOLS ROAD, ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written Information, express opinions or otherwise present evidence in the above matters. It you wish to legally challenge any ac- tion 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 individuals with disabilities. II you require accommodate lion to participate in a public hearing or any other Cry pro gram, service or activity, please contact the City Clerk's office at the address provided above, or call (951674- 3124 eat. 262. All Agenda materiels are available or re- view at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be ob- tained by contacting Justin Kirk, Principal Planner in the Planning Division at (951) 674-3124, ext. 284. //as// ._-_-- Susan Domen, MMC City Clerk Posted at City Hall on Friday, February 12, 2016 Published in the Press Enterprise on Friday, February 12, 2016 CI I Oh LAfu 61,stn0rQ>v +e� unrnm �Nna o -v. 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 February 23, 2016, 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 related items: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 30836 — A PROPOSED EXTENSION OF TIME OF VESTING TENTATIVE TRACT MAP 30836 FOR THE SUBDIVISION OF APPROXIMATELY 107.95 ACRES INTO 208 SINGLE FAMILY RESIDENTIAL LOTS, GENERALLY LOCATED EAST OF LAKE STREET AND NORTH OF NICHOLS ROAD. ALL INTERESTED PERSONS are hereby invited to attend this public hearing to present written information, express opinions or otherwise present evidence in the above matters. 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. The City of Lake Elsinore is committed to making its programs, services and activities accessible to individuals with disabilities. If you require accommodation to participate in a public hearing or any other city program, service or activity, please contact the City Clerk's office at the address provided above, or call (951) 674-3124 ext. 262. All Agenda materials are available for review at City Hall the Friday before the public hearing. FURTHER INFORMATION on this item may be obtained by contacting Justin Kirk, Principal Planner in the Planning Division at (951) 674-3124, ext. 284. //ss// Susan Domen, MMC City Clerk Posted at City Hall on Friday, February 12, 2016 Published in the Press Enterprise on Friday, February 12, 2016