Lake Elsinore City Council
May 9, 2023

City of Lake Elsinore
City Council Meeting Agenda – Final
Natasha Johnson, Mayor
Steve Manos, Mayor Pro Tem
Brian Tisdale, Council Member
Timothy J. Sheridan, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:

May 09, 2023
Closed Session: NONE
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input and interests provide the City Council with valuable information regarding issues of the community.

Meeting Information
Meetings are held on the 2nd and 4th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lakeelsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.

Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at http://www.lake-elsinore.org/city-government/agendas-andminutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber. Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.

Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at [email protected].

Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.

Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 674-3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility.

City of Lake Elsinore Page 1
City Council Agenda - Final May 09, 2023
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Dream Extreme 2040 is the City’s FIRST long-term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision-making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.

Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.

The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.
• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health. • Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.
• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.

Our Aspirations are broad, long-term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.

Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.

To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.

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City Council Agenda - Final May 09, 2023
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CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and the Successor Agency will be called to order.

PLEDGE OF ALLEGIANCE

MOMENT OF SILENCE

ROLL CALL

PRESENTATIONS/CEREMONIALS
1) Public Works Week
Present a Proclamation proclaiming the week of May 21-27, 2023, as “National Public Works Week” in the City of Lake Elsinore.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY COUNCIL CONSENT CALENDAR
2) Minutes of the Regular City Council Meeting of April 25, 2023 Approve the Minutes.
3) CC Warrant Report Dated Apr 07, 2023 to Apr 13, 2023 Receive and File.
4) CC Warrant Report Dated Apr 14, 2023 to Apr 20, 2023 Receive and File.
5) On-call Services Agreement With Area 63 Productions, LLC Approve and authorize the City Manager to execute the On-Call Services Agreement with Area 63 Productions, LLC for On-Call Training and RV Repair Services in an amount not to exceed $80,000 per fiscal year, and in such final form as approved by the City Attorney. 6) Notice of Decision - Planning Commission Approval of Planning Application No. 2018- 64 Approving Design Review for 344 Detached Single-Family Residences and Related Improvements in Tract No. 28214-9 of the Murdock Alberhill Ranch Specific Plan Receive and file the Notice of Decision for Planning Application No. 2018-64 approved by the Planning Commission on April 18, 2023.

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City Council Agenda - Final May 09, 2023
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7) Professional Services Agreement with HELIX Environmental Planning, Inc. for Environmental Documentation for The Cove Project
Approve and authorize the City Manager to execute an Agreement for Professional Services with HELIX Environmental Planning, Inc. to prepare California Environmental Quality Act (CEQA) compliance documents in the amount not to exceed $53,400, in such final form as approved by City Attorney.
8) Amendment No. 1 With Dost Engineering for SB 821 Bicycle and Pedestrian Facilities Program Downtown Project
Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Dost Engineering for an additional $9,600.00 bringing the total contract amount to $57,500 in final form as approved by the City Attorney. 9) Agreement for Wildland Protection Services
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE AGREEMENT FOR WILDLAND PROTECTION SERVICES FOR THE FISCAL YEAR 2023-2024.

SUCCESSOR AGENCY CONSENT CALENDAR
10) Minutes of the Regular Successor Agency Meeting of April 25, 2023 Approve the Minutes.
11) SA Warrant Report Dated Apr 07, 2023 to Apr 13, 2023 Receive and File.
12) SA Warrant Report Dated Apr 14, 2023 to Apr 20, 2023 Receive and File.

PUBLIC HEARINGS
13) Planning Application No. 2018-02 (New Ventures) – A Request for Approval of Tentative Tract Map No. 38616 and a Conditional Use Permit to Subdivide an Approximately 0.34-Acre Parcel into One Lot for Condominium Purposes and to Convert an Existing Apartment Complex into Five Residential Condominium Units Located at the Northwest Corner of Graham Avenue and Lowell Street

1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(k) (Existing Facilities);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018-02 (CONDITIONAL USE PERMIT NO. 2023-03 AND TENTATIVE TRACT MAP NO. 38616)

IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);
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City Council Agenda - Final May 09, 2023
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3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38616 TO SUBDIVIDE AN APPROXIMATELY 0.34-ACRE PARCEL INTO ONE LOT FOR CONDOMINIUM

PURPOSES AND TO CONVERT AN EXISTING APARTMENT COMPLEX INTO FIVE RESIDENTIAL CONDOMINIUM UNITS LOCATED AT APN: 374-183-018; and

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-03 TO

ESTABLISH A FIVE-UNIT RESIDENTIAL CONDOMINIUM ON AN APPROXIMATELY

0.34-ACRE PARCEL LOCATED AT APN: 374-183-018.
14) Planning Application No. 2019-47 (Tentative Parcel Map No. 38614) – a Request to Subdivide an 8.46-acre Site into Four (4) Parcels Ranging in Size From 0.97 Acres to

2.9 Acres, and One (1) 1.6-acre Remainder Parcel Located on the Southeast Corner of Riverside Drive and Collier Ave

1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183(A);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2019-47 (TENTATIVE PARCEL MAP NO. 38614) IS CONSISTENT WITH THE WESTERN

RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38614 TO SUBDIVIDE AN

8.46 ACRE SITE INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO

2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)

CITY MANAGER COMMENTS

CITY ATTORNEY COMMENTS

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED

ADJOURNMENT
The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, May 23, 2023 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

City of Lake Elsinore Page 5
City Council Agenda - Final May 09, 2023
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AFFIDAVIT OF POSTING
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:00 p.m. on Thursday, May 4, 2023.

_________________________
Candice Alvarez, MMC
City Clerk
City of Lake Elsinore Page 6

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick DeSantiago, Public Works Manager
Date: May 9, 2023
Subject: Public Works Week
Recommendation
Present a Proclamation proclaiming the week of May 21-27, 2023, as “National Public Works Week” in the City of Lake Elsinore.

Attachments
Attachment 1- Proclamation
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^WT{ERTAS, ?ubfic 'Works yrofessionafs focus on infrastructure, facifities, and seryices that are of vitaf imyortance to sustainahfe and resifi.ent comtntmities anl the yuhftc heafth, high quatity of ftfe, andwef|being of the yeoyfe of the City of LaEe Tfsinore; ^Wg{f*EAS, tfre suyyort an[tmferstanding from Citizens in our commtntity of the imyortance of the work yerformed 6y quatified an[ dedicated yersorutef is vitaf to the quafity andefficiency in the day to fay oyerations of the ?u6[ic^WorLs systems such as the maintennnce of infrastruct'LLres, storm [rains, street & sidewafk reyairs, yarQ.s antr faQ.e maintervance;
'WT{EREAS, these infrastructures,facifities, an[servkes couffnot 6eyrwi"de[without the dedicated efforts of yubftc worfrs yrofessiona[s, who are engineers, managers, and emyfoyees at aff fevefs of government and tfte yrivate sector, who are resyonsihte for rebuifding, imyroving, andyrotecting otw nation's transyortation, streets, yu6fic Ouitfrngs, and other structures andfacifities essentinffor our citizens; an[ ^WT{ERTAS, this year zoz3 marks the 6sn[ anrruaf Stationa[fuhfic ^WorQ.s'WeeE, in accordance with this year's theme "Corttrecting the ^Wortd Through ?u6[ic ^WorLs", ?ubfic 'WorLs wiff continue to work efforttessty in yrotecting our nationaf heafth, safety, antr quaftty of tife for tfte Citizens of Lake Efsinore.
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f.a6e Efsinore, Cafifurnia" does hereby yrocfaim the week of Svtay zft through lvtay 27, 2023, as "5[ationa[ fudfic ^WorLs 'WeeE" and urge a[[ citizens to yay triSute to our ?u6[ic ^WorLs yrofessionafs to recognize tfte substantiaf contri1utions they mnLe for our comtnunities in tfre City of Lake Efsinore.

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REPORT TO CITY COUNCIL
To: Honorable Mayor or Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Candice Alvarez, MMC, City Clerk
Date: May 9, 2023
Subject: Minutes of the Regular City Council Meeting of April 25, 2023 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes
City of Lake Elsinore
City Council Meeting Minutes – Draft
Natasha Johnson, Mayor
Steve Manos, Mayor Pro Tem
Robert E. Magee, Council Member
Brian Tisdale, Council Member
Timothy J. Sheridan, Council Member
Jason Simpson, City Manager
Meeting Date:

April 25, 2023
Closed Session: NONE
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and Successor Agency were called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Manos led the Pledge of Allegiance.

MOMENT OF SILENCE

ROLL CALL

Present: 4 - Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson

Absent: 1 - Council Member Tisdale

PRESENTATIONS/CEREMONIALS
1) Northwest Mosquito and Vector Control District
Receive a presentation on ways residents can protect themselves from mosquitoes following recent rain events.

Mark Breidenbaugh, District Manager, provided a presentation.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 2 :
2) Municipal Clerks Week
Proclaim the week of April 30 – May 6, 2023 as “Municipal Clerks Week” in the City of Lake Elsinore.

Mayor Johnson presented the Proclamation to City Clerk Alvarez and her team. 3) Calfire 2023 First Quarter Statistical Update
Chief Olson presented the update.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Ace Vallejos was called to speak.

Marco Sanchez was called to speak.

Paulie Tehrani was called to speak.

Rene Rolander was called to speak.

CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Sheridan, seconded by Council Member Magee to approve the City Council Consent Calendar. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
4) Minutes of the Regular City Council Meeting of April 11, 2023 Approve the Minutes.

This item was approved on the City Council Consent Calendar. 5) CC Warrant Report Dated March 24, 2023, to March 30, 2023 Receive and File.

This item was approved on the City Council Consent Calendar. 6) CC Warrant Report Dated March 31, 2023, to April 06, 2023 Receive and File.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 3 :
7) CC Investment Report for March 2023
Receive and file the Investment Report for March 2023.

This item was approved on the City Council Consent Calendar. 8) Main Street Eats Road Closure
Approve the Road Closure for the Main Street Eats event series every Saturday in May 2023 (May 6, 13, 20, & 27).

This item was approved on the City Council Consent Calendar. 9) Change Order No. 1 to Purchase One (1) Pre-designed and Engineered Sports Field Netting from Beacon Athletics for McVicker Canyon Park.

Approve and authorize the City Manager to execute Change Order No. 1 not exceeding $4,384.32 with Beacon Athletics for additional netting and material cost at McVicker Canyon Park (Project No. Z40023), in final form, as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 10) Change Order No. 2 to the Contract With USA Shade & Fabric Structures for the Purchase and Installation of Pre-designed and Engineered Canopy Shade Structures at McVicker Park (Z40023)
Approve and authorize the City Manager to execute Change Order No. 2 not exceeding $43,079.92 with USA Shade & Fabric Structures for additional concrete and covering of upper field bleachers in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 11) Amendment No. 1 to Agreement for Contractor Services with Prudential Overall Supply for Employee Uniforms and Shop Towel Services
Approve and authorize the City Manager to execute Amendment No. 1 with Prudential Overall Supply providing for an increase of $6,500 in compensation and in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 12) Amendment No. 2 to the Agreement for Contractor Services with Excel Landscape, Inc., for Additional Landscape Maintenance Services.

Approve and authorize the City Manager to execute Amendment No. 2 with Excel Landscape, Inc., extending the term for an additional year and increase compensation by an additional $86,700 for a total not exceeding $353,000 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 25, 2023
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SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Magee, seconded by Vice Chair Manos to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Aye: 4 Agency Members Sheridan and Magee; Vice Chair Manos; and Chair Johnson
Nay: 0 None

Absent: 1 Agency Member Tisdale
13) Minutes of the Regular Successor Agency Meeting of April 11, 2023 Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar. 14) SA Warrant Report Dated March 24, 2023, to March 30, 2023 Receive and File.

This item was approved on the Successor Agency Consent Calendar. 15) SA Warrant Report Dated March 31, 2023, to April 06, 2023 Receive and File.

This item was approved on the Successor Agency Consent Calendar. 16) SA Investment Report for March 2023
Receive and file the Investment Report for March 2023.

This item was approved on the Successor Agency Consent Calendar. 17) Agreement with AK Security Alarm, LLC for On-Call Minor Construction, Maintenance, and Operations Services
Approve and authorize the Executive Director to execute an agreement with AK Security Alarm, LLC for on-call minor construction, maintenance, and operations services in an amount not to exceed $200,000 in such final form as approved by the Agency Attorney.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS
18) Updated Master Drainage Plan and Fee Schedule
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING AN UPDATED MASTER DRAINAGE PLAN AND FEE SCHEDULE.

The Public Hearing was previously opened on March 11, 2023.

City Council Minutes - Draft April 25, 2023
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Joseph Caldwell, Water Resources Practice Leader from Albert A. Webb Associates, presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:35 p.m.

A motion was made by Mayor Pro Tem Manos, seconded by Council Member Magee to adopt the Resolution. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
19) Planning Application No. 2021-34 (Evergreen Commercial Development Project) Requesting to Develop a New 57,254 Sq. Ft. Commercial Center on an 8.863-acre Site

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2021-05) (SCH NO. 2022090133) FOR PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35) IS CONSISTENT WITH THE

WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38195 SUBDIVIDING

8.863 ACRES INTO FOUR LOTS RANGING IN SIZE FROM 1.10 ACRES TO 4.62 ACRES LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38281 SUBDIVIDING

8.863 ACRES INTO FIVE LOTS RANGING IN SIZE FROM 1.10 ACRES TO 3.59 ACRES AT LOCATED APNS 377-020-014, 016, 017, 018, and 019;

5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-09 TO ESTABLISH A 4,116 SQUARE FOOT CAR WASH ON LOT 1 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;
City Council Minutes - Draft April 25, 2023
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6. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-10 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 2 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

7. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-11 TO ESTABLISH A 4,088 SQUARE FOOT CONVENIENCE STORE WITH A GAS STATION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

8. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-12 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 5 OF 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

9. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-01) FOR THE SALE OF BEER AND WINE (TYPE 20 ABC) FOR OFF-SITE CONSUMPTION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

10. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-02) FOR THE SALE OF BEER, WINE, DISTILLED SPIRITS (TYPE 21 AND 86 ABC) FOR OFF-SITE CONSUMPTION ON LOT 4 OF TPM 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

11. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-17

PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377- 020-014, 016, 017, 018, and 019; and

12. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM (SIGN) NO. 2021-35

ESTABLISHING A UNIFORM SIGN PROGRAM FOR THE EVERGREEN
COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, and 019.

The Public Hearing was opened at 7:37 p.m.

Interim Assistant Community Development Director Abraham presented the staff report.

Karen Levitt Ortiz, Evergreen Devco, Inc., provided additional information on the project.

There were no speakers.

The Public Hearing was closed at 7:55 p.m.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 7 :

A motion was made by Mayor Pro Tem Manos, seconded by Council Member Sheridan to adopt the 12 Resolutions. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale

BUSINESS ITEM
20) Council Policy No. 400-16 – Good Neighbor Policy for Warehousing, logistics, and Distribution Uses

1. Find Council Policy No. 400-16 Exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 400-16 ESTABLISHING GOOD

NEIGHBOR POLICY FOR WAREHOUSING, LOGISTICS, AND DISTRIBUITON USES WITHIN THE CITY; and

3. Direct staff to amend Title 17 (Zoning) of the Lake Elsinore Municipal Code to include definitions and modify applicable Zoning Districts for Warehousing, Logistics, and Distribution Uses.

City Clerk Alvarez noted that 11 written communications were received, distributed to the City Council, and entered into the record.

Interim Assistant Community Development Director Abraham presented the staff report.

Ace Vallejos was called to speak.

Paulie Tehrani was called to speak.

Bill Blankenship was called to speak.

Agnes Williams was called to speak.

Kim Cousins was called to speak.

A motion was made by Mayor Johnson, seconded by Mayor Pro Tem Manos to approve staff’s recommendations and adopt the Resolution. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
City Council Minutes - Draft April 25, 2023
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PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
Jeanie Corral was called to speak.

Steve Major was called to speak.

CITY MANAGER'S COMMENTS
City Manager Simpson noted that the City’s new Medic Squad is now in service.

CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan encouraged community members to purchase a ticket including The Show experience at Diamond Stadium before and during Saturday Storm games; shared that Storm Baseball honored Ruth Atkins at their game on Sunday, April 23, 2023; shared that the Ophelia Theatre Group of Lake Elsinore held a live performance of “Opheliatrics at the Music Hall” on April 15 and 16, 2023; invited the community to attend the Main Street Eats food festival and concert event which will be held on May 6, 13, 20, and 27, 2023 in Downtown; and invited the community to attend a new water safety event on Saturday, May 20, 2023 from 1:00 – 3:00 p.m. at Yarborough Park where parents and children will receive education from local first responders on water safety.

Council Member Magee thanked staff for their efforts in addressing residents’ concerns regarding Elm Grove Beach; reported on his attendance at the Riverside County Transportation Commission Executive Committee meeting on April 12, 2023 and the Lake Elsinore & San Jacinto Watershed Authority Committee meeting on April 24, 2023; invited residents to attend the Twenty23 Pet Walk on May 6, 2023 from 9:00-11:00 a.m. at the Levee at Diamond Stadium; and shared that a Celebration of Life will be held on May 20, 2023 at 11:00 a.m. in the Cultural Center in honor of former Council Member Will Bucks.

Mayor Pro Tem Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on April 13, 2023; announced a free hazardous waste collection event on Saturday, May 6, 2023 from 9:00 a.m. – 2:00 p.m. at the Public Works Yard; and invited the community to attend the Lambs Fellowship Car & Bike Show on Saturday, May 13, 2023.

Mayor Johnson provided updates from the Homeless Task Force; provided information on Assembly Bill 742 and Senate Bill 342; congratulated Lake Elsinore Chamber of Commerce April Students of the Month; invited residents to the Elsinore Woman’s Club 67th Annual Flower Show on April 28, 2023 and April 29, 2023; shared her participation in the Temecula Entrepreneur Event; and shared her attendance at Supervisor Spiegel’s Good Morning Breakfast in Corona.

ADJOURNMENT
The Lake Elsinore City Council adjourned at 9:04 p.m. to the next Regular meeting of Tuesday, May 9, 2023 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 9, 2023
Subject: CC Warrant Report Dated Apr 07, 2023 to Apr 13, 2023 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 - City Warrant Summary
Attachment 2 - City Warrant Listing
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE CITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL $ 659,662.51
103 THE ANCHOR 3,282.89
110 GAS TAX 1,700.31
114 SB1186 CASp EDUCATION PROGRAM 322.80
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 40,506.29 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 4,312.82 180 LAUNCH POINTE 75,009.81
300 INSURANCE SERVICE (10,603.65)
305 INFORMATION SYSTEMS SERVICE 27,527.89
310 SUPPORT SERVICE 792.61
315 FLEET SERVICE 17,682.99
320 FACILITIES SERVICE 16,209.21
330 CFD 2015-2S MAINTENANCE SERVICES 305.21
500 CAPITAL IMPROVEMENT PLAN 1,829,322.66
620 COST RECOVERY TRUST DEPOSITS (129.61)
653 CFD 2009-1S PARK,OPEN SPACE,STREET LIGHT SERVICES 1,598.36 GRAND TOTAL $ 2,667,503.10
Attachment 1 1 of 1
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003750 ACTION GAS & WELDING SUPPLY $ 87.89
APA23003751 ADAMS STREETER CIVIL ENGINEERS, INC. 30,190.00 APA23003752 ANDERSON CHEVROLET 38.35
APA23003753 AZTECA CLEANING SERVICES LLC 2,390.00
APA23003754 BANK OF AMERICA (9570) 767.58
APA23003755 BANNER BANK 10,827.74
APA23003756 BIO-TOX LABORATORIES 3,888.20
APA23003757 BMW MOTORCYCLES OF TEMECULA - SO CAL 448.95 APA23003758 CA BUILDING STANDARDS COMMISSION 573.00
APA23003760 CALIFORNIA, DEPARTMENT OF JUSTICE 96.00
APA23003761 CALIFORNIA, DIVISION OF THE STATE ARCHITECT 322.80 APA23003762 CINTAS CORPORATION NO. 2 202.98
APA23003763 CODE 5 GROUP, LLC 1,200.00
APA23003764 CR&R, INC. 10,081.76
APA23003765 DAVID EVANS AND ASSOCIATES, INC. 7,400.56
APA23003766 DELONE, MARIA JAZMINE 2,962.50
APA23003767 DEPARTMENT OF CONSERVATION 828.53
APA23003768 EVMWD 1,784.56
APA23003769 FORENSIC NURSES OF SOCAL, INC. 3,800.00
APA23003770 FRONTIER CALIFORNIA - INTERNET 818.03
APA23003771 GALLS, LLC 930.73
APA23003772 GAME TIME 13,153.41
APA23003773 GRIFFITH COMPANY 205,726.97
APA23003774 INLAND URGENT CARE,MEDICAL CORP 235.00
APA23003775 INTERPRETERS UNLIMITED 7.50
APA23003776 LAKE ELSINORE HOTEL & CASINO 5,000.00
APA23003777 LANCE, SOLL & LUNGHARD, LLP 525.00
APA23003778 LANDSCAPE CENTER, THE 95,842.00
APA23003779 LIUNA LOCAL 777 720.00
APA23003780 LOR GEOTECHNICAL GROUP 2,178.00
APA23003781 MINUTEMAN PRESS CARLSBAD 878.38
APA23003782 MISSION SQUARE RETIREMENT 17,179.38
APA23003783 MISSION SQUARE RETIREMENT 377.58
APA23003784 MURRIETA LOCK & SAFE, INC. 976.62
APA23003785 PRESS-ENTERPRISE, THE 3,365.14
APA23003786 PYRO SPECTACULARS, INC. 23,000.00
APA23003787 QUINN COMPANY 1,086.64
APA23003788 RIGHTWAY SITE SERVICES, INC. 4,228.92
APA23003789 RIVERSIDE COUNTY HABITAT CONSERVATION AGENCY 895.00 APA23003790 ROBBINS PEST MANAGEMENT, INC. 305.00
APA23003791 RP LANDSCAPE & IRRIGATION 71,362.14
APA23003792 SHRED-IT USA, LLC 85.60
APA23003793 SIMPLER LIFE EMERGENCY PROVISIONS, INC. 8,826.51 APA23003794 SO CAL SANDBAGS,INC. 863.75
Attachment 2 1 OF 3
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003795 SOUTHERN CALIFORNIA EDISON CO. 66,448.12
APA23003796 SOUTHERN CALIFORNIA GAS CO. 1,518.49
APA23003797 STAPLES ADVANTAGE 1,551.02
APA23003798 STAUFFER LAWN EQUIPMENT 287.92
APA23003799 STENO SOLUTIONS TRANSCRIPTION SERVICES, INC, 257.13 APA23003800 TEAM AUTOAID, INC. 131.46
APA23003801 THOMSON REUTERS - WEST PUBLISHING CORP. 461.60 APA23003802 UNIQUE BUILDERS OF CALIFORNIA 24,500.00
APA23003803 UNIQUE BUILDERS OF CALIFORNIA 22,450.00
APA23003804 VERIZON WIRELESS (#1) 1,618.29
APA23003805 VERIZON WIRELESS (#13) 221.04
APA23003806 VERIZON WIRELESS (#2) 3,635.20
APA23003807 VULCAN MATERIALS COMPANY 503.99
APA23003808 WEST COAST SERVICES 1,055.00
APA23003854 NPG, INC 14,372.10
DFT230365 CHARTER COMMUNICATIONS 39.99
DFT230366 JON GILMER CONSTRUCTION (87,877.85)
DFT230367 DELONE, MARIA JAZMINE (1,481.25)
DFT230368 DELONE, MARIA JAZMINE (1,481.25)
DFT230370 DEPARTMENT OF MOTOR VEHICLES 54.00
DFT230371 DEPARTMENT OF MOTOR VEHICLES 54.00
DFT230374 DEPARTMENT OF MOTOR VEHICLES 54.00
DFT230375 FRANCHISE TAX BOARD 21,539.40
DFT230376 RIVERSIDE COUNTY SHERIFF'S OFFICE 592.17
DFT230377 STATE DISBURSEMENT UNIT 134.30
DFT230378 STATE DISBURSEMENT UNIT 438.46
DFT230379 CALPERS 67,735.51
DFT230380 EMPLOYMENT DEVELOPMENT DEPARTMENT 150.00
DFT230381 FRANCHISE TAX BOARD 700.00
DFT230382 CALPERS 2,276.37
DFT230383 TASC 3,970.34
DFT230384 PAYCHEX OF NEW YORK, LLC 550.00
DFT230385 INTERNAL REVENUE SERVICE 198.50
DFT230386 INTERNAL REVENUE SERVICE 114,760.62
DFT230387 PAYCHEX OF NEW YORK, LLC 1,261.14
DFT230388 NATIONWIDE TRUST COMPANY, FSB 1,088.82
DFT230389 LIUNA NATIONAL (INDUSTRIAL) PENSION FUND 800.80 PR04132023 NET PAYROLL 299,374.96
5431 ABOVE ALL NAMES CONSTRUCTION, INC. 58,106.00
5432 ALLEGRA MARKETING PRINT MAIL 282.75
5433 ALVAREZ ENTERPRISE SERVICES 10,697.86
5434 AMAZON BUSINESS 3,329.02
5436 AREA 63 PRODUCTIONS 873.41
5437 BUREAU VERITAS NORTH AMERICA, INC. 4,125.15
Attachment 2 2 OF 3
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
5438 CM WASH EQUIPMENT 1,984.64
5439 COST RECOVERY SYSTEMS, INC. 8,750.00
5440 DOWNS ENERGY 171.88
5441 ENDRESEN DEVELOPMENT, INC. 878.91
5442 ENDRESEN DEVELOPMENT, INC. 576.00
5443 ENDRESEN DEVELOPMENT, INC. 220.00
5444 ENDRESEN DEVELOPMENT, INC. 210.88
5445 GOTO TECHNOLOGIES USA, INC. 3,153.97
5446 HI-WAY SAFETY, INC. 3,750.42
5447 KPA SERVICES, LLC 213.19
5448 LAKE ELSINORE TIRE & AUTO, INC. 315.38
5449 LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 13,000.00 5453 QUADIENT LEASING USA, INC. 792.61
5454 RENTERIA, YARABITH BUENFIL 1,646.25
5455 SECURITAS SECURITY SERVICES USA, INC. 3,130.80
5456 SERVICE FIRST 616.52
5457 VANCE CORPORATION 1,022,091.10
5458 VANCE CORPORATION 419,189.62
5459 WEST COAST ARBORISTS, INC. 3,710.00
5460 YUNEX, LLC 1,753.25
143244 HANCOCK, ALEJANDRA 215.62
143245 IN & OUT VEHICLE REGISTRATION SERVICE 3,133.00
143246 VELIZ, MELISSA 181.78
GRAND TOTAL $ 2,667,503.10
Attachment 2 3 OF 3

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 9, 2023
Subject: CC Warrant Report Dated Apr 14, 2023 to Apr 20, 2023 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued since the prior Warrant Report.

Attachments
Attachment 1 - City Warrant Summary
Attachment 2 - City Warrant Listing
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE CITY WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
100 GENERAL $ 1,366,292.96
103 THE ANCHOR 70,496.85
105 MISC. GENERAL PROJECTS 3,570.00
110 GAS TAX 11,027.02
130 LIGHTING, LANDSCAPE, MAINTENANCE DIST - CITYWIDE 15,995.35 135 LIGHTING, LANDSCAPE, MAINTENANCE DIST - NO. 1 2,050.00 150 COMMUNITY DEVELOPMENT BLOCK GRANT 10,000.00
155 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 145.00 180 LAUNCH POINTE 41,777.87
305 INFORMATION SYSTEMS SERVICE 17,826.56
310 SUPPORT SERVICE 1,006.58
315 FLEET SERVICE 7,865.49
320 FACILITIES SERVICE 3,680.00
500 CAPITAL IMPROVEMENT PLAN 162,338.68
620 COST RECOVERY TRUST DEPOSITS 29,651.00
GRAND TOTAL $ 1,743,723.36
Attachment 1 1 of 1
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003809 ALBERT WEBB & ASSOCIATES $ 2,909.90
APA23003810 ALLEGRA MARKETING PRINT MAIL 581.81
APA23003811 ALLIED TRAFFIC EQUIPMENT RENTAL 2,762.25
APA23003812 AMAZON BUSINESS 3,185.29
APA23003813 AMERICAN ALLIANCE DRUG TESTING 100.00
APA23003814 AMERICAN FORENSIC NURSES, INC. 996.41
APA23003815 AZTECA CLEANING SERVICES LLC 8,742.08
APA23003816 BANK OF AMERICA (3151) 1,182.13
APA23003817 BECKCO, INC 13,000.00
APA23003818 BLACK TIE LAUNDRY 1,056.96
APA23003819 BLAIS & ASSOCIATES, INC. 3,570.00
APA23003820 BMW MOTORCYCLES OF TEMECULA - SO CAL 137.79 APA23003821 BOYS & GIRLS CLUB 10,000.00
APA23003822 BROTHERS TOWING 372.00
APA23003823 CED LAGUNA 2,200.63
APA23003824 CHARLES ABBOTT ASSOCIATES, INC. 4,053.66
APA23003825 CHARTER COMMUNICATIONS 1,104.53
APA23003826 CINTAS CORPORATION NO. 2 202.98
APA23003827 CORODATA RECORDS MANAGEMENT, INC. 134.37
APA23003828 DAVIS, TIMOTHY 715.87
APA23003829 DIRECTV 176.31
APA23003830 DISCOUNT HAULING & CLEANUP SERVICE 5,230.00 APA23003831 ELITE PRIVATE INVESTIGATION SERVICES 2,046.55 APA23003832 ENERGUY 149.88
APA23003833 EPD SOLUTIONS, INC. 16,626.00
APA23003834 EVMWD 12,837.33
APA23003835 EWING 386.38
APA23003836 EXCEL LANDSCAPE, INC. 17,775.00
APA23003837 FEDERAL EXPRESS CORPORATION 57.21
APA23003838 FOSTER, BRAD 124.72
APA23003839 FRONTIER CALIFORNIA - INTERNET 85.98
APA23003840 FRONTIER CALIFORNIA, INC. 55.36
APA23003841 GOVINVEST INC. 4,750.00
APA23003842 GREAT AMERICA FINANCIAL SERVICES 949.37
APA23003843 HEMET FENCE CORP 30,800.00
APA23003844 HUNSAKER & ASSOCIATES IRVINE, INC. 14,249.00 APA23003845 INTERNATIONAL CODE COUNCIL, INC. 100.05
APA23003846 INTERWEST CONSULTING GROUP, INC. 720.00
APA23003847 KOA CORPORATION 392.00
APA23003848 KPA SERVICES, LLC 810.00
APA23003850 LAND IQ, LLC 1,829.80
APA23003851 LANDSCAPE CENTER, THE 5,440.00
APA23003852 MIG 65,631.00
APA23003853 MURRIETA LOCK & SAFE, INC. 3,367.62
Attachment 2 1 OF 3
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003854 NPG, INC. 14,372.10
APA23003855 PACIFIC PRODUCTS & SERVICES, INC. 8,187.51
APA23003856 PRATS, MABEL A. 2,650.00
APA23003857 PRESS-ENTERPRISE, THE 380.18
APA23003858 QUINN COMPANY 3,183.50
APA23003859 SAFEGUARD PROPERTIES 71.00
APA23003860 SECURITAS SECURITY SERVICES USA, INC. 3,026.44 APA23003861 SHADEMAKER 8,585.83
APA23003862 SHARP ELECTRICAL SERVICES 28.63
APA23003863 SOCIAL WORK ACTION GROUP 32,668.85
APA23003864 SOCIAL WORK ACTION GROUP 36,933.00
APA23003865 SOUTHERN CALIFORNIA EDISON CO. 211.39
APA23003866 SOUTHWEST ICE MACHINES 442.06
APA23003867 SUNBELT RENTALS, INC. 512.76
APA23003868 SUNRUN, INC. 144.04
APA23003869 T-MOBILE USA, INC. 100.00
APA23003872 USA SHADE & FABRIC STRUCTURES 68,571.04
DFT230391 ALLIANT INSURANCE SERVICES, INC. 395.00
5450 NPG, INC. (14,372.10)
5461 AK SECURITY ALARM LLC 16,666.67
5462 AMAZON BUSINESS 3,920.07
5463 AMERICAN FORENSIC NURSES, INC. 869.05
5464 AMERICAN MATERIAL COMPANY 574.70
5465 AREA 63 PRODUCTIONS 13,037.50
5466 BMW MOTORCYCLES OF RIVERSIDE 2,530.87
5467 BMW MOTORCYCLES OF RIVERSIDE 2,708.83
5468 BMW MOTORCYCLES OF RIVERSIDE 600.00
5469 BRINKS INCORPORATED 625.75
5470 DOWNS ENERGY 7,644.73
5471 ENGINEERING RESOURCES OF SO CA 19,285.65
5472 EPIC LAND SOLUTIONS, INC. 3,500.00
5473 EXCEL LANDSCAPE, INC. (17,775.00)
5473 EXCEL LANDSCAPE, INC. 17,775.00
5474 GMS ELEVATOR SERVICES, INC. 330.00
5475 HI-WAY SAFETY, INC. 2,136.94
5476 MILLENNIUM ALARM SYSTEMS, INC. 474.00
5477 PROSTAFF, LLC 18,725.00
5478 PURSUIT ELECTRIC, INC. 4,165.00
5479 QUADIENT FINANCE USA, INC. 39.00
5480 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 56,121.59 5481 RIVERSIDE COUNTY SHERIFF'S, ACCOUNTING & FINANCE 1,173,695.05 5482 SECURITAS SECURITY SERVICES USA, INC. 3,235.16
5483 SERVICE FIRST 895.00
5484 SOCIAL WORK ACTION GROUP 36,933.00
Attachment 2 2 OF 3
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE CITY WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
5484 SOCIAL WORK ACTION GROUP (36,933.00)
5485 SOCIAL WORK ACTION GROUP (32,668.85)
5485 SOCIAL WORK ACTION GROUP 32,668.85
5486 SOUTHWEST ICE MACHINES 463.31
143247 REED, MATTHEW 100.00
143248 ALVARADO, BIANCA 171.77
143249 BACA, ROXANN 165.97
143250 GUETA, YISSEL 890.63
143251 MATULL, JULIE 1,200.81
143252 SANCHEZ, IVAN 222.83
143253 VELIZ, MELISSA 1,038.03
GRAND TOTAL $ 1,743,723.36
Attachment 2 3 OF 3

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 9, 2023
Subject: On-call Services Agreement With Area 63 Productions, LLC Recommendation
Approve and authorize the City Manager to execute the On-Call Services Agreement with Area 63 Productions, LLC for On-Call Training and RV Repair Services in an amount not to exceed $80,000 per fiscal year, and in such final form as approved by the City Attorney.

Background
Area 63 Productions is a multi-disciplinary firm focused on serving the needs of clients in the customization and repair of RV, Airstream trailers, and yurts. Since 2008, Area 63 has extensive experience in all aspects of Airstream trailers, vintage trailers and general recreational vehicle (RV) systems. Are 63 was also one of the first to install big, power solar on Airstream products.

Area 63 has completed many complete restorations, and still has several long-term modernizations underway.

In addition to full rehabilitation and restoration services, Area 63 provides consulting on commercial projects, and has conducted start-up tours for outdoor events companies that needed instruction on how to drive with a trailer and handle a promotional tour with an Airstream. Are 63 has also conducted annual restoration seminars in Albuquerque for the past ten years, which are 3-day hands-on training events that teach owners skills to repair and restore their own trailers.

Their staff has formal hotel management training in Europe and are positioned to train, educate and elevate the customer service offerings at Launch Pointe for a period of time while operations ongoing before transitioning out.

Area 63 On-Call Agreement

Discussion
Area 63 Productions’ unique and focused abilities as well as expertise is helping deliver successful attraction amenities for Launch Pointe through a planned “Vintage Trailer Camp” or “Airstream Village” including the yurts and group camping areas. The proposed Agreement provides for on-call services, including training and consulting for on-site to activate the yurts and trailers to run like a boutique spa/hotel arrangement. Their staff is uniquely trained in hotel and venue management with a focus on customer service, including housekeeping and back of house training and capacity building of on-site staff. They will continue the focus on yurts and vintage trailer repairs and training.

Fiscal Impact
The services of repairs, training, and activation of on-site amenities and related consulting will be funded up to $80,000 from operating budget funds.

Attachments
Attachment 1- Agreement with Area 63 Productions, LLC
Exhibit A- Scope of Services

AGREEMENT FOR CONTRACTOR SERVICES
BETWEEN AREA 63 PRODUCTIONS, LLC AND THE CITY OF LAKE ELSINORE

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of May 9, 2023 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Area 63 Productions, a Limited Liability Company (the “Contractor”).

RECITALS
A. The City has determined that it requires the following services:

On-Call Training and RV Repair Services
B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated May 9, 2023, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions Agreement.

AGREEMENT

1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour-a-day, 7 day-a-week, on-call and minor construction support on an as needed basis.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work.
b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager.

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on May 9, 2023 and ending June 30, 2024. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City.

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed eighty thousand dollars and no cents ($80,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Contractor’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Contractor’s prospective or then current personnel is deemed objectionable, then the City may notify Contractor of the same.

Contractor shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this

Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein.

7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, 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 Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor 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 solerisk. c. 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 Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials 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 Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor'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.

8. Contractor's Books and Records.
a. Contractor 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 Contractor to this Agreement.
b. Contractor 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 Contractor'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 Contractor'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 Contractor, Contractor's representatives, or Contractor's successor-in-interest.

9. Independent Contractor.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner.
b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Contractor. Contractor (including principals, associates and management 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 Contractor's services hereunder. Contractor 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.

Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a) (2).)

12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise.

13. Compliance with Laws.
a. Contractor shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Contractor and/or its employees, officers, or board members. b. Contractor represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature, which are legally required of Contractor to practice its profession. 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.

15. 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.

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance andEmployer'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 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. 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. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
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.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Area 63 Productions, LLC
Attn: Uwe Salwender
7794 Aster Ave.

Yucca Valley, CA 92284

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor.

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. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or nonpayment of prevailing wages under California law, and Contractor hereby agrees to defend,

indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. 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 andeffect.

26. 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.

27. Authority to Enter Agreement. 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.

28. Counterparts. 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.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Contractor’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Contractor’s Proposal.

30. 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.

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
“CONTRACTOR”
Area 63 Productions, a Limited Liability
Company

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Uwe Salwender
Its: President
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]

EXHIBIT A

SCOPE OF WORK
Based upon the RV Resort and Boat Launch Rehabilitation project the City of Lake Elsinore is currently undertaking, my unique and focused abilities and expertise will help deliver a successful attraction for the site through a planned "Vintage Trailer Camp" or "Airstream Village" and related campground amenities. In the near term, Area 63 can provide evaluations, transportation, repairs, and foremost consultation on Specialty RV/Vintage RV/Airstream Trailer topics.

For the future, we can offer specialty repairs services on vintage items, which typically cannot be expected or performed from a traditional RV repair technician. At the same time, we are happy to consult with your local technicians on issues where they might not be familiar. • Our standard hourly labor rate is$ 125.00
• Consultation is $150.00 per hour, drive/travel time billed at half rate • Daily rate is $1,500.00 for up to 10 hours and includes local travel time • Out of area travel (over 75 miles from Lake Elsinore) is billed 1: 1 for expenses, and at half rate for travel time (with a daily maximum of 8 hours) • Pick up delivery of trailers are billed at $ 1 .50 per mile, roundtrip.

Area 63 Productions (Area 63) was founded in 2002 first as a hobby and to repair Airstream trailers with and for my friends, then it became a runaway in 2008 (full-time in 2009) when the vintage trailer boom and small space craze really hit America. At that time, Area 63 already had extensive experience in all Aspects of Airstream trailers, vintage trailers and general recreational vehicle (RV) systems.

Area 63 was also one of the first to install big, power solar on Airstream products. Area 63 has completed many complete restorations, and still have several long-term modernizations underway. My clients come from all walks-of-life, hobbyists, traveling artists, weekend warriors, and the well-to-do that can easily afford $100,000+ restoration.

In addition to full rehabilitation and restoration services, Area 63 provides consulting to evaluate and informally assess the condition, determine upgrades needed, or appraise the value of vintage trailers. On many occasions, insurance companies and prospective buyers have used our services for pre-purchase decisions. for road safety, and for habitation safety and cleanliness. We have consulted on commercial projects and have done start-up tours for outdoor events companies that needed instruction on how to drive with a trailer and handle a promotional tour with an Airstream. Area63 has also consulted on individual restorations by hobbyists and conducted annual restoration seminars in Albuquerque for the past nine years, which is a 3-day hands-on training events that teach owners skills to repair and restore their own trailers.

Based upon the La Laguna RV Resort and Boat Launch Rehabilitation project the City of Lake Elsinore is currently undertaking, my unique and focused abilities and expertise will help deliver a successful attraction for the site through a planned Vintage Trailer Camp" or Airstream Village". In the near term, Area 63 can provide expert evaluations, transportation. repairs, and foremost consultation on Specialty RV/Vintage RV/ Airstream Trailer topics.

For the future, we can offer specialty repairs services on vintage items, which typically cannot be expected or performed from a traditional RV repair technician. At the same time. we are happy to consult with your local technicians on issues where they might not be familiar.

Our standard hourly labor rate is $125.00
Consultation is $150 00 per hour, drive/travel time billed at half rate Daily rate is $1,500.00 for up to 10 hours and includes local travel time Out of area travel (over75 miles from Lake Elsinore) is billed 1 1 for expenses, and at half rate for travel time (with a daily maximum of 8 hours) • Pick up/delivery of trailers are billed at $ 1 50 per mile. roundtrip.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Assistant Community Development Director Date: May 9, 2023
Subject: Notice of Decision - Planning Commission Approval of Planning Application No. 2018-64 Approving Design Review for 344 Detached Single-Family Residences and Related Improvements in Tract No. 28214-9 of the Murdock Alberhill Ranch Specific Plan
Recommendation
Receive and file the Notice of Decision for Planning Application No. 2018-64 approved by the Planning Commission on April 18, 2023.

Background
Planning Application No. 2018-64 (Residential Design Review No. 2022-06) proposes the design and construction of 344 single-family detached residential units, preliminary plotting, conceptual landscaping, conceptual wall, and fence plan, and related improvements in Tract No. 28214-9 of the Murdock Alberhill Ranch Specific Plan. The proposed development is configured into four community groups, each containing three-floor plans (one- and two-story units). The floor plans overall range in size from 1,959 to 3,337 square feet. The proposed development features three architectural styles (Spanish, Prairie, and Craftsman).

The project site consists of Tract No. 28214-9 located on the south side of Nichols Road between Alberhill Ranch Road and Terra Cotta Road in Planning Area 1 of the Murdock Alberhill Ranch Specific Plan (APNs: 389-090-032–035; 389-790-001–048; 389-800-001–024; 389-801-001– 031; 389-802-001–020; 389-810-001–035; 389-811-001–011; 389-812-001–017; 389-820-001– 007; 389-821-001–007; 389-822-001–037; 389-830-001–022; 389-831-001–019; 389-832-001– 011; 389-840-001–024; 389-841-001–054).

PA 2018-64 (RDR 2022-06)

On April 18, 2023, the Planning Commission, by a 3-0 vote:

1. Determined that under the California Environmental Quality Act (CEQA) Guidelines Section 15162, the project would not have a significant effect on the environment, and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in a previously certified Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report; and

2. Adopted A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2022-06 PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS FOR 344 DETACHED SINGLE-FAMILY RESIDENTIAL UNITS IN TRACT 28214-9 OF THE MURDOCK ALBERHILL RANCH SPECIFIC PLAN (APNS: 389-090-032–035; 389-790-001–048; 389- 800-001–024; 389-801-001–031; 389-802-001–020; 389-810-001–035; 389-811-001–011; 389-812-001–017; 389-820-001–007; 389-821-001–007; 389-822-001–037; 389-830-001– 022; 389-831-001–019; 389-832-001–011; 389-840-001–024; 389-841-001–054).

Discussion
The Planning Commission voted 3-0 to approve the project at its meeting on April 18, 2023. There were no Commissioner concerns, and there were no public comments. Only the applicant attended the hearing.

The Commission’s decision is final, and no action by the City Council is required unless the City Council, by majority vote, elects to review and reconsider the Commission’s decision by ordering the matter set for a future noticed public hearing according to Section 17.410.110.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested person files a complete appeal application within 15 days of this notice appearing on the City Council’s agenda.

Fiscal Impact
The time and costs related to processing this application have been covered by fees paid for by the applicant. No General Fund budgets have been allocated or used in the processing of this application. Project approval does not fiscally impact the City’s General Fund. Mitigation Measures to protect the City fiscally have already been included in the Conditions of Approval.

Attachments
Attachment 1- Planning Commission Staff Report

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Interim Assistant Community Development Director Date: May 9, 2023
Subject: Professional Services Agreement with HELIX Environmental Planning, Inc. for Environmental Documentation for The Cove Project
Recommendation
Approve and authorize the City Manager to execute an Agreement for Professional Services with HELIX Environmental Planning, Inc. to prepare California Environmental Quality Act (CEQA) compliance documents in the amount not to exceed $53,400, in such final form as approved by City Attorney.

Background
The City of Lake Elsinore serves as the lead agency to evaluate the environmental impacts of development projects proposed within the City. The Community Development Department is responsible for the preparation of the necessary information and, depending on the scope and size of the project, will either prepare the environmental documents in-house or have a consultant prepare the documents and studies. The project applicant (3rd & Dexter, LLC) through the application deposit process pays for the cost of preparing the environmental analysis.

Discussion
The applicant has submitted an entitlement application for a new mixed-use development located north side of Dexter Avenue between 2nd Street and 3rd Street (APNs:377-090-013; 377-090-037; 377-090-039; 377-090-040). The proposed development includes four office buildings totaling 293,024 square feet in floor area, a 312-unit apartment complex and associated improvements on an approximately 23.5-acre site in the Commercial Mixed Use (CMU) zoning district.

The project is required to prepare technical studies such as a Traffic Impact Report, Vehicle Miles Traveled Analysis, Air Quality Report, Greenhouse Gas Emissions Report, Energy Report, Noise Report, Water Quality Management Plan, Hydrology Report, Biological Report, Cultural Resources Report, Phase 1 Environmental Site Assessment, Paleontology Report and a HELIX Environmental Planning Inc. – The Cove

Geotechnical Report. HELIX will utilize the technical engineering reports and studies to prepare detailed analysis for the project as required by CEQA.

Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the developer through the City’s cost recovery program. All staff administrative time and consultant costs are paid from the applicant’s fees. No general fund budgets will be allocated or used for the completion of the CEQA documents for the project.

Attachments
Attachment 1- Agreement
Exhibit A- Proposed Scope of Work
Attachment 1- Agreement.pdf Page 1

AGREEMENT FOR PROFESSIONAL SERVICES
HELIX ENVIRONMENTAL PLANNING, INC.

ENVIRONMENTAL DOCUMENTATION FOR THE COVE PROJECT
This Agreement for Professional Services (the “Agreement”) is made and entered into as of Click or tap to enter a date., by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and HELIX Environmental Planning, Inc., a California corporation ("Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

CEQA consulting services for The Cove project (“Project”) B. Consultant has submitted to City a proposal, dated April 21, 2023, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant’s Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant’s Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant’s Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.

c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed fifty three thousand four hundred dollars ($53,400) without additional written authorization from the City.

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge.

Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant’s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled “Method of Payment” herein.

7. Plans, Studies, Documents.
a. 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 shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. 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. c. 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.

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.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of

law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
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, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: HELIX Environmental Planning, Inc.

Attn: Vanessa Toscano
7578 El Cajon Boulevard
La Mesa, CA 91942

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. 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.

20. 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.

21. 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.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. 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.

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. 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.

26. 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.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to

make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) nonmonetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.

28. Counterparts. 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.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.

30. 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. [Signatures on next page]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
HELIX Environmental Planning, Inc., a
California Corporation
By: Vanessa Toscano
Its: Environmental Planning Group
Manager
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B

EXHIBIT B

LIST OF SUBCONTRACTORS
[ATTACHED]
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
619.462.1515 tel
619.462.0552 fax
www.helixepi.com
April 21, 2023
Kevin Beery, Associate Planner
City of Lake Elsinore
Community Development Department, Planning Division
130 South Main Street
Lake Elsinore, CA 92530
[email protected] | (951) 674-3124 ext. 805
Subject: Letter Proposal to Provide Environmental Consulting Services for the Lake Elsinore Technology Park and Cover Apartments Project
Dear Mr. Beery:

HELIX Environmental Planning, Inc. (HELIX) is submitting this letter proposal to the City of Lake Elsinore to provide environmental consulting services for the Lake Elsinore Technology Park and Cove Apartments Project (project) in the City of Lake Elsinore (City), Riverside County (County), California.

The project entails the construction of three 4- to 5-story office buildings encompassing a total of approximately 300,000 square feet, a 3-story parking structure with a partial subterranean level, 312 residential units within fifteen 2- to 3-story buildings, two recreation areas, a dog park, surface parking, detention basins, and landscaping. The project would be constructed within a 22.93-acre site bound by Third Street on the northwest, Dexter Avenue on the southwest, Second Street on the southeast, and Cambern Avenue (unpaved) on the northeast (Assessor Parcel Numbers 377-090-013, -037, -039, -040). The office component would be constructed on 7.71 acres on the western portion of the site with access from Third Street. The residential component would span the central and eastern portions of the site on 15.22 acres.

The project site is located within the Business District with a General Plan land use designation of Commercial Mixed-Use and a corresponding zone classification of Commercia Mixed-Use District. It is currently undeveloped and characterized by open fields with scattered trees and some fencing.

Surrounding uses include commercial retail to the north, undeveloped land to the east and west, and an RV park to the south. Interstate 15 is located approximately 550 feet to the west and State Route 74 is approximately 1,300 feet to the north.

SCOPE OF SERVICES
The services to be completed by HELIX include peer review of environmental technical studies, environmental compliance documentation pursuant to the California Environmental Quality Act (CEQA), and environmental project management and meeting attendance.

Letter Proposal to Kevin Beery Page 2 of 6
April 21, 2023
Task 1 Peer Review of Draft Technical Studies
HELIX will conduct a peer review of the first draft of technical studies addressing the following:
• Air Quality/Greenhouse Gas (GHG) Emissions/Energy;
• Noise;
• Cultural/Paleontological Resources;
• Biological Resources; and
• Hazardous Materials (Phase 1 Environmental Site Assessment [ESA]).

The first draft of the technical studies identified above, prepared by the applicant’s consultant, will be provided to HELIX (including the technical report and any technical appendices) in electronic format (PDF and Word). HELIX will review the first draft technical reports for content, focusing on the scope and adequacy of the technical report to support the CEQA impact analysis for the project. HELIX technical specialists will review the reports addressing air quality/GHG emissions, noise, biology, and cultural resources, and an environmental generalist will review the hazardous materials report. Review of the paleontological resources analysis will be conducted by Material Cultural Consulting as a subcontractor to HELIX. Comments will be provided to the City via an electronic version (Word) in tracked changes format, as well as an electronic version (Excel) of a consolidated technical studies comment matrix in a format acceptable to the City.

HELIX will review one subsequent version of the revised technical reports to confirm that revisions have been incorporated to the satisfaction of the reviewer and City staff. This task also includes HELIX team reviewers’ attendance at two, one-hour comment resolution virtual meetings with City staff and the project applicant’s consultant(s), if required.

Task 2 Draft Environmental Compliance Documentation
HELIX will prepare an Initial Study (IS) pursuant to CEQA in the City’s standard format that identifies potential environmental effects based on the questions included in the IS checklist. The City’s IS checklist is based on Appendix G of the CEQA Guidelines. The IS will include an introduction, a description of the project, an IS environmental checklist, and supporting figures. The IS will summarize the results and conclusions of technical analyses and studies prepared for the project, as well as address each environmental issue in the IS environmental checklist. All technical studies needed to complete the IS will be provided by the City, including, but not limited to, air quality/GHG emissions/energy, noise, cultural/paleontological resources, biological resources, hazardous materials, transportation, geotechnical, and hydrology/water quality. Analysis within the provided technical studies shall be prepared to the satisfaction of the City and will address their respective issues at a sufficient level of detail to support the IS in accordance with CEQA. The City will provide HELIX a list of cumulative projects to include for the cumulative analysis in the IS.

The IS will form the basis for the City to decide as to what CEQA environmental compliance document will be prepared for the project. Based on the information currently available regarding the proposed project, it is anticipated that a Mitigated Negative Declaration (MND) will be the appropriate CEQA documentation for the project; however, should it be determined through review of the IS and technical studies that there is substantial evidence that the project may result in significant and unmitigable environmental impacts, an Environmental Impact Report (EIR) will be required. If the IS concludes that there is the potential for significant effects on the environment which may not be reduced below a Letter Proposal to Kevin Beery Page 3 of 6
April 21, 2023
level of significance through avoidance or implementation of mitigation measures, HELIX will immediately inform the City. If the City agrees with this conclusion, then an EIR would be required to be prepared and the scope and fee for this task would be amended accordingly. If there are impacts which can be mitigated either through project design or mitigation measures, an MND would be prepared.

The Draft MND will describe the proposed project including its location, identify potentially significant impacts and the associated mitigation that would avoid or reduce those impacts to less-than-significant levels, and include a finding that the proposed project would not, as mitigated, have a significant effect on the environment.

Deliverables:

HELIX will submit a draft IS electronically (in Microsoft Word and PDF formats) for City staff review.

HELIX will revise the draft IS one time in response to City comments (which are assumed to be minor not requiring substantial revisions or new analysis). This scope assumes up to 12 hours of professional staff time to prepare the revised IS. Once the City determines an MND is appropriate for the project, HELIX will prepare and submit an electronic version of the draft MND for concurrent City staff review with the revised draft IS. An electronic version of a pre-print Public Review Draft IS/MND will be submitted to the City to authorize finalizing the Public Review Draft IS/MND. It is assumed that only minor formatting changes would be needed between the pre-print and public review drafts, and no substantive comments related to the technical analysis for any issue area would remain. HELIX will produce up to two printed copies of the Public Review Draft IS/MND (with appendices), as well as an electronic version to be posted on the City’s website.

HELIX will prepare a Notice of Intent (NOI) to Adopt an MND and submit to it the City for review and approval. The City will provide the mailing list for distribution of the NOI. HELIX will be responsible for distribution of the NOI to up to 75 recipients (via regular mail), as well as submitting the required deliverables to the State Clearinghouse and filing the NOI with the County Clerk. It is assumed that the City will be responsible for placing newspaper advertisements and the County Clerk filing fee.

Task 3 Final Environmental Compliance Documentation
This task assumes that an IS/MND is determined to be the appropriate CEQA document; should an EIR be required the scope and fee for this task would be amended accordingly. In consultation with the City and Project Applicant, HELIX will respond to substantive comments received on the content of the Draft IS/MND during public review of the document. This scope assumes that preparation of responses to comments would occur within the limits of a 24-hour professional staff budget. An introduction, the responses, and revisions to the Draft IS/MND (if needed) will be incorporated into the final document.

To support the MND, HELIX will develop a Mitigation Monitoring and Reporting Program (MMRP) to identify responsibility for the mitigation monitoring and reporting schedule, and completion requirements.

Deliverables:

HELIX will submit an electronic copy (Microsoft Word and PDF versions) of a screencheck draft version of the Final IS/MND and revise it once per City staff comments (assumed not to be substantive or alter the analysis). This scope assumes up to 30 hours of professional staff time to prepare the screencheck Letter Proposal to Kevin Beery Page 4 of 6
April 21, 2023
Final IS/MND, up to 12 hours for the revised screencheck Final IS/MND, and up to 4 hours for the Final IS/MND. HELIX will produce an electronic version and up to two printed copies of the Final IS/MND (with appendices).

HELIX will prepare a draft Notice of Determination (NOD) and submit it to the City for review and approval. HELIX will be responsible for filing the NOD with the County Clerk and State Clearinghouse within five days of adoption of the Final IS/MND. The City will be responsible for payment of applicable California Department of Fish and Wildlife and County Clerk filing fees.

Task 4 Project Management
HELIX will provide general environmental project management services as the project undergoes environmental processing with City. Management tasks will consist of formal and informal communication with the project team, including telephone conversations and email. Other management responsibilities will include tracking budgets and reviewing schedule progress. Quality assurance reviews of major deliverables will be completed by senior staff prior to submittal to City. For the purposes of this cost estimate, it is assumed that the environmental review process will be completed within six months of its initiation and that four hours per month of the HELIX Project Manager’s time would be required. If the City requests additional services that cause HELIX to exceed the time allocated for this task, additional authorization would be required.

Task 5 Meetings
HELIX’s Project Manager will participate in up to four project meetings (assuming each meeting is virtual and 1.5 hours in duration, including preparation time and follow-up). No specific presentation graphics are anticipated for any of the meetings. It is assumed that HELIX attendance at public hearings will not be required and is not included in this scope of services.

COST ESTIMATE AND PAYMENT PROCEDURES
HELIX submits this cost estimate not to exceed $53,400, which is provided below in a breakdown by task. All work shall be invoiced on a time-and-materials basis pursuant to Exhibit A, Schedule of Fees.

Task
Number Task Name Cost
1 Peer Review of Technical Reports
Air Quality/GHG Emissions/Energy $3,400
Noise 3,000
Cultural/Paleontological Resources 6,600
Biological Resources 4,900
Hazardous Materials (Phase 1 ESA) 3,000
2 Draft Environmental Compliance Documentation 17,300
3 Final Environmental Compliance Documentation 7,700
4 Project Management 6,000
5 Meetings 1,500
TOTAL $53,400
Letter Proposal to Kevin Beery Page 5 of 6
April 21, 2023

ASSUMPTIONS AND LIMITATIONS
The following assumptions and limitations are a material component of this proposal:
• City will provide HELIX with current available digital baseline data and project plans for producing all maps and graphics, which should be submitted in one of the following formats: .dxf, .dwg (AutoCAD), .dgn (Microstation), .shp (ArcView shapefiles), .gdb (ArcGIS geodatabase) or .kmz (Google Earth). In some cases, .pdf files will be acceptable. • City will provide HELIX with copies of all relevant technical studies/information prepared for the project, including relevant guidance documentation that the City previously provided to the applicant, such as scopes of work for the subject technical studies. The City also will provide information necessary to address utility service.
• HELIX may contact the specialists who prepared technical studies to ask questions and obtain additional information, as necessary. Any required additions or revisions to these reports are not included.
• Costs associated with additional meetings, public meetings, technical studies, biological surveys, permit preparation and processing, and/or CEQA processing not otherwise described in this scope (“additional work”) are not included within the scope of services. • Once peer reviews and preparation of the IS have begun, no changes to the project design will occur such that major revisions to the project description or re-analysis of any environmental issue will be required.
• Client is responsible for ensuring that technical reports that are provided to HELIX for the public record by any party not under subcontract to HELIX are consistent with the document accessibility requirements of the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and any similar requirements.
• HELIX is committed to meeting accessibility requirements for the ADA and Section 508 of the Rehabilitation Act for public-facing digital document deliverables. Information presented from third-party sources (e.g., California Emissions Estimator Model outputs) and documents prepared using the strike-out underline feature, a standard for annotation of final CEQA documents, may not achieve the full level of accessibility.

Letter Proposal to Kevin Beery Page 6 of 6
April 21, 2023

CLOSING
This quote is good for 30 days from the date of this letter.

We look forward to working with you on this project. If you have any questions concerning this proposal, please contact your Project Manager, Tim Belzman, at (619) 462-1515 or [email protected], or me at [email protected].

Sincerely,
Vanessa Toscano
Environmental Planning Group Manager
Enclosure: Exhibit A, Schedule of Fees

Consulting services performed by HELIX typically include, but are not necessarily limited to, office, field, meetings, hearings, and travel time.

Consulting services for expert witness review, deposition, and/or testimony will be provided at one and one-half times our standard rates.

Overtime also may be charged at one and one-half times our standard rates.

DIRECT COSTS
Certain identifiable direct costs will be charged to the project at cost plus ten percent. Examples of direct costs include subconsultants, vehicle or equipment rentals, airplane and train fares, parking, per diem and lodging, mileage (at IRS rates), communications, reproduction, and supplies. A 4-wheel drive premium will be charged at $25 per project day. There will be additional charges for use of noise monitors, GPS, and other field equipment, as well as for plotting, color printing, and aerial photographs.

Payment
Invoices will be submitted monthly. Payment on invoices is due within thirty days of receipt.

PROFESSIONAL RATES
Current hourly rates for consulting services:

Principal $230-300
Principal Acoustician $215-225
Principal Biologist $225-290
Principal Landscape Architect $190-210
Principal Planner $220-290
Principal Regulatory Specialist $225-290
Principal Cultural Resources Specialist $190-210
Safety Manager $210-220
Senior Fisheries Scientist $250-255
Senior Noise/Air Quality Specialist $200-220
Senior Project Manager I-III $165-230
Senior Scientist $155-195
Senior Regulatory Specialist $160-$170
Project Manager I-III $135-175
Assistant Project Manager $120-145
Regulatory Specialist $105-150
Environmental Planner I-III $105-135
Biologist I-V $100-155
Noise/Air Quality Specialist $130-145
Environmental Compliance Specialist $85-125
Senior Archaeologist $125-170
Senior Architectural Historian $165-175
Archaeology Field Director $125-$135
Architectural Historian $120-155
Staff Archaeologist $80-125
Senior Landscape Architect $145-160
Landscape Architect $120-140
Landscape Planner I-III $110-120
Senior GIS Specialist $150-185
GIS Specialist I-III $110-140
Graphics $115-$125
Technical Editor $110-125
Operations Manager $100-140
Word Processor I-III $90-100
Clerical $65-75
Rates are subject to change on a yearly basis

EXHIBIT A

SCHEDULE OF FEES

CONSULTING SERVICES

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: May 9, 2023
Subject: Amendment No. 1 With Dost Engineering for SB 821 Bicycle and Pedestrian Facilities Program Downtown Project
Recommendation
Approve and Authorize the City Manager to execute Amendment No. 1 to the Agreement for Professional Services with Dost Engineering for an additional $9,600.00 bringing the total contract amount to $57,500 in final form as approved by the City Attorney.

Background
On June 28, 2022, the City Council approved the Professional Services Agreement in the amount of $47,900.00, with Dost Engineering for the final design for the Downtown SB-821 Bicycle and Pedestrian Facilities Program Project. Since the original agreement date, there have been two improvement projects completed within the limits of the Pedestrian Facilities Program Downtown Project. Those projects are the SB-1 Downtown Pavement Resurfacing Project and the Peck and Chestnut Sewer Replacement Project.

This amendment will address needed additional improvements to complete the downtown area pedestrian network.

Discussion
Dost Engineering will amend the final plans to add additional sidewalks, curb & gutters, ADA ramps, driveways, and a cross-gutter in order to complete the pedestrian connectivity for the project area with the two recently completed projects.

Fiscal Impact
Professional Services Contract with Dost Engineering will result in a revised cost of $57,500.00 plus an additional 10% in contingency. The design cost is programmed in the City’s CIP Budget.

Amendment No. 1 Dost Engineering

Attachments
Attachment 1 - Amendment No. 1 Dost Engineering
Exhibit A - Additional Services Proposal
Attachment 2 – Original Agreement
AMENDMENT NO. 1

TO AGREEMENT FOR PROFESSIONAL SERVICES
Dost Engineering
SB 821 Bicycle and Pedestrian Facilities Program Downtown Project This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 6/28/2022, by and between the City of Lake Elsinore, a municipal corporation (“City), and Dost Engineering, a Corporation (“Consultant”).

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 6/28/2022, (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 in an amount of Forty-Seven Thousand Nine Hundred dollars ($47,900.00).

C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.

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 described in Consultant’s 3/13/2023 Proposal (attached to this Amendment No.1 as Exhibit A-1).

Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, 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 add the following:

For purposes of Amendment No. 1, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-1 to Amendment No. 1). In no event shall Consultant’s compensation for services under Amendment No. 1 exceed Nine Thousand Six Hundred dollars ($9,600) nor shall the total compensation to Consultant under this Agreement as amended by Amendment No. 1 exceed Fifty-Seven Thousand Five Hundred dollars ($57,500) without additional written authorization from the City Council.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Dost Engineering
City Manager
Date:

Farid Dost
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]

DOST ENGINEERING

PLANNING, DESIGN & CONSTRUCTION SUPPORT
Date: March 13, 2023
Mr. Carlos Norvani, Project Manager
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE: Additional Engineering Services for SB821-FY2022, Added ADA Curb Ramps, Sidewalks, Driveways and Cross Gutter Locations.

Dear Carlos,
As you know, we have been working on adding various locations based on two 2 field meetings and via emails requests from the City staff. These added locations include various improvements including curb ramps, sidewalk locations, curb and gutter, driveways, and drainage related improvements.

ADDITIONAL PROFESSIONAL SERVICES
Please see attached Appendix C for locations of improvements added.

Additional Locations
-
-
-
-
-
-
Sidewalk along Pottery Street, Sumner Avenue, Chestnut and Prospect Street Curb and Gutter along Chestnut Street
4 - Curb Ramps along Chestnut Street and Ellis Street
22 – Driveways various locations
1 – Intersection Cross Gutter
1 – Sinkhole and Storm Drain repair location and detail Dost Engineering, Inc. will add to the plan, details elevations and notes for requested improvements to the SB821-FY2022 Project.

COMPENSATION FOR SERVICES
The Total fees for the additional professional services shown above is $9,600.

Please let us know if you have any questions or need additional information in regard to this Additional Professional Service #1. We appreciate the opportunity to be of service and look forward to continue to working with you.

Inc.

Farid Dost, P.E.

Principal Engineer
Added sidew alk
Added 2 DRIVEWA YS Adde d1 DRIVEWA YS
Adde dsidew 5 alk
Remove scope/ already
constructe d
Added
1 DRIVEWA
YS
Added 2 DRIVEWA YS
Added 2 DRIVEWA YS Added 2 DRIVEWA YS Added Scope sinkhole, remove and replace ex. 18" CMP with HDPE

DOWNTOWN SIDEWALKS

LAKE ELSINORE MS
« «
SB
821
Added ADA ramp, approach
redesign
Added 3 DRIVEWA YS
Added 3 DRIVEWA YS
Added 2 DRIVEWA YS

DOWNTOWN SIDEWALKS

LAKE ELSINORE ES
« «
SB
821

ADDE DSIDEWA LK ADDED CURB RAMP AND ADJACENT SIDWALKS
ADDED

CURB AND GUTTER
ADDED

CURB RAMP

ADDE DNON- CONTINGUOU S

SIDEWALK
ADDED CROSS GUTTER AND RAMP SPANDRAL.

ADDED CURB RAMP

ADDED DRIVEW AY

DOWNTOWN SIDEWALKS

CHESTNUT STREET
« «
SB
821
DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

AGREEMENT FOR PROFESSIONAL DESIGN SERVICES
Dost Engineering
Design of SB 821 Bicycle and Pedestrian Facilities Program Project This Agreement for Professional Services ( the " Agreement") is made and entered into as of June 28, 2022, by and between the City of Lake Elsinore, a municipal corporation (" City") and Dost Engineering, a Corporation (" Consultant").

RECITALS
A. The City has determined that it requires the following professional services:

Design of SB 821 Bicycle and Pedestrian Facilities Program Project B. Consultant has submitted to City a proposal, dated May 18, 2022, attached hereto as Exhibit A (" Consultant' s Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein.

D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described in Consultant' s Proposal ( Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant' s Proposal, subject to the direction of the City through its staff that it may provide from time to time.

2. Time of Performance.
a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant' s Proposal ( Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the Consultant' s Proposal ( Exhibit A). When requested by Consultant, extensions to the time period( s) specified may be approved in writing by the City Manager.
6d4d061f- 7e74- 46ee- acee- 6e759d4037d7 Page 1
DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D C. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant' s Proposal ( Exhibit A).

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants' Proposal ( Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant' s compensation exceed Forty - Seven Thousand Nine Hundred dollars ($ 47, 900) without additional written authorization from the City. Notwithstanding any provision of Consultant' s Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Consultant' s bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. Consultant' s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than forty- five ( 45) days after receipt of the monthly invoice by City staff.

5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant' s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant' s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker.

6. Suspension or Termination.
a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten 10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled " Method of Payment" herein.

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

7. Plans. Studies. Documents.
a. 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 shall have sole determination of the public' s rights to documents under the Public Records Act, and any third - party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. 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.

C. 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.

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.

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D 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.
a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant' s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant' s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/ or employee contributions for PERS benefits.

10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ( PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/ or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

11. Interests of Consultant. Consultant ( including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant' s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/ her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. ( FPPC Reg. 18700(a)( 2).)

12. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant' s field of expertise.

13. Compliance with Laws.
a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/ or its employees, officers, or board members.
b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/ or business licenses, certifications and/ or permits necessary for performing the services described in this Agreement, including a City business license.

14. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license.

15. Indemnity.
a. Indemnification for Professional Liability. To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and any and all of its officials, employees and agents (" Indemnified Parties") from and against any and all claims, losses, liabilities, damages, costs and expenses, including attorney' s fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant' s duty to defend shall consist of reimbursement of defense costs incurred

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D by City in direct proportion to the Consultant' s proportionate percentage of fault. Consultant' s percentage of fault shall be determined, as applicable, by a court of law, jury or arbitrator. In the event any loss, liability or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant' s percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant' s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or sub -consultants of Consultant. Consultant shall not be liable to third parties for any liability exempted by statute.

C. General Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub -consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this Agreement or this section.

16. Insurance Requirements.
a. Insurance. Consultant, at Consultant' s own cost and expense, shall procure and maintain, for the duration ofthe contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer' s Liability Insurance for his/ her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer' s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor' s employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty ( 30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. In the event that Consultant is exempt from Worker' s Compensation Insurance and Employer' s Liability Insurance for his/ her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($ 1, 000, 000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) or Insurance Services Office form number GL 0002 ( ed. 1/ 73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($ 1, 000, 000) combined single limit for each occurrence.

Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 (" any auto"). No endorsement may be attached limiting the coverage.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant' s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($ 1, 000, 000) on a claims - made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best' s rating of no less than A:VII and shall be endorsed with the following specific language:
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D 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, Consultant shall demonstrate financial capability for payment of such deductibles or self- insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Dost Engineering
Attn: Farid Dost
41735 Winchester Road, Ste F
Temecula, CA 92590

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. 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.

20. 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.

21. 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.

22. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

23. 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.

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (" Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on " public works" and " maintenance" projects.

Consultant agrees to fully comply with all applicable federal and state labor laws ( including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non- payment of prevailing wages under California law, and Consultant hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement.

25. 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.

26. 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.

27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: ( a) a name change; ( b) grant extensions of time; ( c) non - monetary changes in the scope of services; and/ or ( d) suspend or terminate the Agreement.

28. Counterparts. 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.

29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant' s Proposal is incorporated only for the description of the scope of services and/ or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant' s Proposal.

30. 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.

Signatures on next page]

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D 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
CONSULTANT"
Dost Engineering, a Corporation
DocuSigned by:

DocuSigned by: b5 7/ 7/ 2022 1 4: 08 PM PDT
aSbVt. SlukpibU 7/ 7/ 2022 1 4: 49 PM P
Itanager
By: Farid Dost
Its: President
ATTEST:

Doc uSigned by:

U 7/ 7/ 2022 1 4: 57 PM PDT
lip- IR11 9111
City Clerk
APPROVED AS TO FORM:

Doc uSig ned by:

Y-e-. 461 7/ 7/ 2022 1 3: 57 PM PDT
I y brney
FOrracuSigned by:

S i,L, fA, 1ti.GIA. 7/ 6/ 2022 1 6: 45 PM PDT
FIFR- 91 q
Assistant City Manager
Attachments: Exhibit A — Consultant' s Proposal
Exhibit B — List of Subcontractors

DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D C

CONSULTANT' S PROPOSAL
ATTACHED]

EXHIBIT A
DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D DOST ENGINEERING, INC.

PLANNING, DESIGN & CONSTRUCTION SUPPORT
41735 Winchester Road, Suite F
Temecula, CA 92590
Tel: 951- 297- 9047, Cell: 619- 587- 3300
Email: fdost dost-engineering. com
www. dost- engineering. com
To: Remon Habib
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Design and Construction Support Services for SB 821 — Downtown Sidewalks and Bicycle Improvement Project.

Thank you for providing Dost Engineering, Inc. the opportunity to propose on and provide the City of Lake Elsinore with the detailed project scope of work, schedule, and design budget for the aforementioned project.

Dost Engineering appreciates the opportunity to propose on this project and hopes this proposal meets the City' s needs and is within the design budget. Please reach out to me if you have any questions or concerns.

Sincerely,
Farid Dost, PE, QSD
Principal Engineer
5- 18- 2022
1 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D Project Understanding
This project will construct over 4, 030 linear feet of ADA Compliant sidewalk, curb and gutter, curb ramps, retaining walls, driveways, and other facilities required throughout the project along W. Sumner and Graham Avenue, Lindsay, Lewis, Davis and Chestnut Street. This project will also install approximately 2. 2 miles of Class II bicycle lanes along Sumner Avenue between Main Street and Chaney Street. Please see below SCOPE OF WORK.

This project will require a Topographic and Property/ Right of Way survey to complete the construction plans. As part of this project, the subject surveys will be conducted by Dennis Janda, Inc. City staff and Dost Engineering will work together to finalize all locations and limits of work prior to initiating the survey. To assure a comprehensive scope, a site visit/ field reconnaissance will need to be conducted to capture all the project needs. Based on the preliminary site visit with City staff along Chestnut, Dost Engineering staff will need to revisit the site post construction due to current on- going construction activities.

The proposed 2. 2 miles of a bicycle lane along Sumner Avenue will be designed as Class II per 2014 CAMUTCD. The minimum width shall be 4 feet with no obstruction and shall be minimum of 5 feet where there is gutter, and minimum 5 feet where there is vehicle parking allowed on the street.

Based on our understanding of this project, this project will not require Geotechnical Report, Drainage Report, Hydrology and Hydraulics Report, SWPPP, WQMP or Transportation Project Guidance Template ( TPG). Items specifically not mentioned in the below scope of work are assumed to be not required. Any additional plans, reports and studies will be considered outside the scope of work.

Based on the preliminary assessment of the project scope, there is no ROW acquisition required. All proposed improvements currently assumed are to be within Public ROW.

This will be confirmed upon receipt of the survey files.

Scope of Work
Dost Engineering will prepare and complete the following documents and items as necessary to complete the project. All submittals to the City will be checked for quality assurance and quality control ( QA/QC) prior to submittal. See attachment 1, Scope of Work for Topographic and PL survey and Basis of Charge by Dennis Janda, Inc.

Conceptual Plans —Prepare conceptual plan showing final locations and limits and highlighting the critical elements of the project. Dost Engineering will review 2 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D the concepts with the City and implement any changes resulting from City's comments and concerns. Upon final approval from the City, Dost Engineering will finalize the concept plan and will work with the surveyor' s team to complete the topographic survey. The plan preparation for the proposed Improvement and Bike Lane will commence. As part of this task, Dost Engineering will visit all the site locations including Chestnut Street post construction.

Improvement and Bike Lane Plans — Prepare 90%, 100% and Final Construction Plans.
o The 100% plans will include all the necessary sheets, including but not limited to, title sheet and notes, grading and improvement plans, erosion control plans and notes, details, and sections as necessary to develop a complete and clear plan for construction with minimum RFI' s from contractors.

Specifications and Cost Estimates — Provide all the necessary specifications and cost estimates as requested and as needed for the project. Dost Engineering will ensure the specifications, bid schedule, and project plans are consistent and correspond to each other, as this will ensure minimum RFI' s and surprises during construction.

Construction Support — Respond to RFI' s, assist with bid addendums, attend pre - construction meeting, onsite meeting during construction as requested, review and negotiate change orders, review and approve submittals and other needed services as requested prior to and during construction.

Meeting and Coordination — meeting and conference calls as requested and needed for the project. Prepare exhibits and presentations and coordinate with City and other relevant stakeholders.

Submittal Schedule
Notice to Proceed June 2, 2022
Submit Conceptual Plans June 23, 2022
Receive City Comments and Concerns on Conceptual Plans
May include conference calls and meetings to ex ediate.

July 8, 2022
Submit 90% PS& E August 8, 2022
Receive City Comments and Concerns on 90% PS& E ( May
include conference calls and meetings to expediate.

August 22, 2022
Submit 100% PS& E September 12, 2022
Construction Support Completion of Project
3 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D Deliverables
Hardcopies and AutoCAD files of all the project documents.

1. PDF Full and Half size Concept Plans ( Hardcopies if desired)

2. PDF 90% Full and Half size of PS& E ( Hardcopies if desired)

3. PDF 100% Full and Half size of PS& E ( Hardcopies if desired)

4. PDF Final Full and Half size of PS& E ( Hardcopies if desired) a. Signed Mylars.
b. AutoCAD files
Compensation
Dost Engineering shall complete the tasks identified above and shall invoice monthly on percentage of items as shown below.

Dennis Janda Inc. Compensation
Survey Phase 1 - Sumner -Graham -Lewis -Lindsay $ 10, 300 Survey Phase 2 - Chestnut Street $ 9, 700
Subtotal $ 20, 000
Dost Engineering, Inc. Compensation
Conceptual Plan 3, 400
Grading and Improvement Plans 18, 000
Specifications and Cost Estimates 3, 400
Construction Support 500
Meeting and Coordination 1600
Reimbursables 1000
Subtotal 27, 900
Total Compensation = $ 47, 900
4 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D DOSTENG- 01 KLOSCH
4co 2O CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DD/ YYYY)
7/ 5/ 2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy( ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER

CONTACT
NAME:

PHONEFAX -
A/ C, No, Ext): ( 858) 384- 1506 No):( 800) 209 9298 Fusco & Orsini Insurance Services, Inc. 5095 Murphy Canyon Road, Suite 200
San Diego, CA 92123 ADDRESS: service@foagency. com
INSURERS AFFORDING COVERAGE NAIC #
7/ 1/ 2023
INSURER A: Ohio Security Insurance Co. 24082
INSURED INSURER B: HISCOX Insurance Co. Inc. 10200
INSURER C:
15, 000
Dost Engineering, Inc.

INSURER D:
1, 000, 000
41595 Chenin Blanc Ct
Temecula, CA 92591

INSURER E
2, 000, 000
INSURER F:
2, 000, 000
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
W D

POLICY NUMBER

POLICY EFF

MM DD YYYY

POLICY EXP

MM DD YYYY LIMITS

A X COMMERCIAL GENERAL LIABILITY
CLAIMS - MADE X OCCURBKS64987656 X X 7/ 1/ 2022 7/ 1/ 2023

EACH OCCURRENCE
1, 000,000

DAMAGE TO RENTED
PREMISES Ea occurrence
500,000
GEN' L
X
MED EXP ( Any oneperson)
15, 000

PERSONAL & ADV INJURY
1, 000, 000
AGGREGATE LIMIT APPLIES PER:

POLICYEl PECOT- 1: 1LOC
OTHER:

GENERAL AGGREGATE
2, 000, 000

PRODUCTS - COMP/ OP AGG
2, 000, 000

AUTOMOBILE LIABILITY

ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED LNON - OWNED

AUTOS ONLY AUTOS ONLY

COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY Perperson)
BODILY INJURY Per accident

PROPERTY DAMAGE
Per accident

UMBRELLA LIAB

EXCESS LIAB
OCCUR

CLAIMS - MADE

EACH OCCURRENCE

AGGREGATE
DED RETENTION $
W
AND
KERS

EMPLOYERS'

COMPENSATIONPER

LIABILITY
Y / N

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
OTHSTATUTE ER
E. L. EACH ACCIDENT
E. L. DISEASE - EA EMPLOYEE
E. L. DISEASE - POLICY LIMIT
B Professional Liabili UDC5196781EO22 7/ 1/ 2022 7/ 1/ 2023 Limit 1, 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Lake Elsinore is additional insured per the attached endorsement. Primary wording and waiver of subrogation applies.

CERTIFICATE HOLDER CANCELLATION
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit City of Lake Elsinore

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
130 South Main Street
Lake Elsinore, CA 92530

AUTHORIZED REPRESENTATIVE
ACORD 25 ( 2016/ 03) © 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX

SUBJECT PAGE
NON - OWNED AIRCRAFT 2
NON - OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON- CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR " LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO 1S AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A. NON -OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and

4. It is not being used to carry persons or property for a charge.

However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess ( other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B. NON - OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph ( 2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
2) A watercraft you do not own that is:
a) Less than 52 feet long; and
ry (
b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraphs ( 3), ( 4) and ( 6) of exclusion j. Damage To Property do not apply if such " property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following:

Paragraphs ( 1), ( 3) and ( 4) of this exclusion do not apply to " property damage" ( other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
i) Premises rented to you for a period of 7 or fewer consecutive days; or ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.

Paragraphs ( 1), ( 3) and ( 4) of this exclusion do not apply to " property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to:
a. Any one premise:
1) While rented to you; or
2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) - Paragraph 9. a. of Definitions is replaced with the following:

9. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an " insured contract".

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph b) of Paragraph a. is replaced by the following:
b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. Under Supplementary Payments - Coverages A and B, Paragraph 1. b. is replaced by the following:
b. Up to $ 3, 000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

2. Paragraph 1. d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or " suit", including actual loss of earnings up to $ 500 a day because of time off from work.

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section Il - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for " bodily injury", " property damage" or " personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the " bodily injury" or " property damage" occurs, or the " personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
1) This insurance does not apply to " bodily injury", " property damage", or " personal and advertising injury" arising out of the operations performed for the state or political subdivision; 2) This insurance does not apply to " bodily injury" or " property damage" included within the completed operations hazard".
3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:

A a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b) The construction, erection, or removal of elevators; or g
c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by ry
the contract or agreement to provide for such additional insured.

With respect to Paragraph 1. a. above, a person' s or organization' s status as an additional insured under this endorsement ends when:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

With respect to Paragraph 1. b. above, a person' s or organization' s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.

With respects to Paragraph 1. c. above, this insurance does not apply to any " occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.

The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the " bodily injury" or " property damage".

We have no duty to defend an additional insured under this endorsement until we receive written notice of a " suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to:
a. " Bodily injury" or " property damage" arising from the sole negligence of the additional insured. b. " Bodily injury" or " property damage" that occurs prior to you commencing operations at the location where such " bodily injury" or " property damage" occurs. c. " Bodily injury", " property damage" or " personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the " occurrence" which caused the " bodily injury" or " property damage", or the offense which caused the personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. " Bodily injury" or " property damage" occurring after:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.

H. PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:

If an additional insured' s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured' s policy for damages we cover.
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D b. The following is added to Paragraph b. Excess Insurance:

When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non- contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.

I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR " LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an ' occurrence" or an offense that may result in a claim or " suit" under this insurance to us;
s
b. Tender the defense and indemnity of any claim or " suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a " suit" by the additional insured.

2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS! MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2. a.( 1) of Section II - Who Is An Insured is replaced with the following:
1) ' Bodily injury" or " personal and advertising injury":
a) To you, to your partners or members ( if you are a partnership or joint venture), to your members ( if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other " volunteer workers" while performing duties related to the conduct of your business; b) To the spouse, child, parent, brother or sister of that co -"employee" or " volunteer worker" as a consequence of Paragraph ( 1) ( a) above;
c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs ( 1) ( a) or ( b) above; or d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision ( Paragraph ( d)) does not apply.

Paragraphs ( a) and ( b) above do not apply to " bodily injury" or " personal and advertising injury" caused by an " employee" who is acting in a supervisory Capacity for you. Supervisory Capacity as used herein means the " employee' s" job responsibilities assigned by you, includes the direct supervision of other " employees" of yours. However, none of these " employees" are insureds for " bodily injury" or " personal and 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause " bodily injury" or " personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances.

The coverage provided by provision J. is excess over any other valid and collectable Insurance available to your " employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to " bodily injury" or " property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to " personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations:

Your failure to disclose all hazards or prior ' occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior " occurrences" is not intentional.

M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an " occurrence", offense, claim or " suit" by an agent, servant or " employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph

1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of occurrences", offenses, claims or " suits" shall have received such notice from the agent, servant or employee".

N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. " Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
Bodily injury" or " property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property,
Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the " products - completed operations hazard" provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 DocuSign Envelope ID: 0494BB01- 6AE8- 4603- 8B4F- OB8257E5423D

BUSINESS LICENSE
This business license is issued for revenue purposes only and does not grant authorization to operate a business. This business license is issued without verification that the holder is subject to or exempted from licensing by the state, county, federal government, or any other governmental agency.

Business Name: DOST ENGINEERING, INC.

Business Location: 42230 ZEVO DR
TEMECULA, CA 92590- 3732
Owner Name(s): DOST ENGINEERING, INC.

DOST ENGINEERING, INC.
41595 CHENIN BLANC CT
TEMECULA, CA 92591- 4908

CITY OF LAKE ELSINORE
Administrative Services - Licensing
130 South Main Street, Lake Elsinore, CA 92530
PH ( 951) 674- 3124
BUSINESS LICENSE NO. 026986
Business Type: CONSULTING SERVICES
Description: PROVIDE CONSTRUCTION DOCUMENTS

INCLUDING PS& E FOR ENGINEERING

CONSULTING SERVICES
Issue Date: 7/ 5/ 2022 Expiration Date: 7/ 31/ 2023
Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender- based discrimination of business establishments. A full notice is available in English or other languages by going to: https:// www. dca. ca. gov/ publications/

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: May 9, 2023
Subject: Agreement for Wildland Protection Services
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE AGREEMENT FOR WILDLAND PROTECTION SERVICES FOR THE FISCAL YEAR 2023-2024.

Background
Since 2013, the City of Lake Elsinore has entered into an agreement with the California Department of Forestry and Fire (CALFIRE) for wildland protection service to protect the City from unfunded liabilities in the event of a wildland fire within the City that is not covered by an MTZ (Mutual Threat Zone). These costs are for CALFIRE or other resources that may be needed to control a wildland fire, including aircraft, crews, dozers, engines, and logistics. These costs could easily reach tens of thousands of dollars to hundreds of thousands of dollars per day.

Under the agreement, CALFIRE treats the area covered by the agreement and areas in the MTZ as State Responsibility Area (SRA) lands. (This is virtually all the Wildland Urban Interface Area in the City). As such, CALFIRE would bear the cost of suppressing wildland fires in these areas using any needed resources to accomplish this task. The City would only expend its budgeted cost annually to maintain this agreement with CALFIRE. The City last renewed this agreement in 2022 for the fiscal year 2022-2023.

Wildland Protection Services

Discussion
The proposed agreement for wildland protection services is for the fiscal year 2023-2024. The cost is based on what the State currently pays to protect its SRA. The current cost per acre is approximately $36.45, plus a 12.01% administrative charge. The cost per acre is reviewed and adjusted annually. The area covered by the agreement can also be adjusted to reflect build-up or annexations.

The City of Lake Elsinore is responsible for protecting life, property, and wildland areas comprising 1,689 acres of land (as shown in the agreement). Therefore, the agreement is for a total cost of $68,957.89.

Staff believes this agreement is a cost-effective way for the City of Lake Elsinore to protect itself from potentially crippling unbudgeted expenses from wildland fires and provide a fiscally prudent level of protection to our citizens and natural resources.

Fiscal Impact
The proposed agreement is included in the Fiscal Year 2023-2024 Annual Operating Budget.

Attachments
Attachment 1 – Wildland Resolution
Attachment 2 – Wildland Reimbursement Agreement
Attachment 3 – Wildland Budget Plan
Attachment 4 – Wildland Topographic Map
Attachment 5 – Wildland Operating Plan
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE AGREEMENT FOR WILDLAND PROTECTION SERVICES FOR THE FISCAL YEAR 2023-2024 Whereas, the City of Lake Elsinore is responsible for the protection of life, property, and wildland areas comprising of 1,689 acres of land; and,
Whereas, the City Council (Council) approved an initial agreement with the California Department of Forestry and Fire Protection (CALFIRE) in 2013 for wildland protection services; and, Whereas, the Council approved the renewal of said Agreement in 2015 for Fiscal Years 2015-2016 and 2016-2017; and;
Whereas, the Council approved the renewal of said Agreement in 2018 for Fiscal Years 2018-2019; and
Whereas, the Council approved the renewal of said Agreement in 2019 for Fiscal Years 2019-2020; and
Whereas, the Council approved the renewal of said Agreement in 2020 for Fiscal Years 2020-2021; and
Whereas, the Council approved the renewal of said Agreement in 2021 for Fiscal Years 2021-2022; and
Whereas, the Council approved the renewal of said Agreement in 2022 for Fiscal Years 2022-2023.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1. The Council hereby approves the agreement with CALFIRE for wildland protection services from July 2023 through June 2024.

Section 2. The Council hereby authorizes the City Manager to execute the agreement, subject to minor modifications and such final form as approved by the City Attorney.

Section 3. This Resolution shall take effect immediately upon its adoption.

Passed and Adopted this 9th day of May 2023.

Natasha Johnson
Mayor
Attest:

Candice Alvarez
City Clerk
Reso No. 2023 -

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 23 - was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of May 9, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez
City Clerk

STATE OF CALIFORNIA

COOPERATIVE FIRE PROGRAMS

LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION

REIMBURSEMENT AGREEMENT
LG-W REV 1/2023
AGREEMENT NUMBER 3CA06294
REGISTRATION NUMBER:

1. This Agreement is entered into between the State Agency and the Local Agency named below:

STATE AGENCY'S NAME
California Department of Forestry and Fire Protection – (CAL FIRE) LOCAL AGENCY’S NAME
City of Lake Elsionore

2. The term of this Agreement is: 07/01/2023 through 06/30/2024

3. The maximum amount of this Agreement is: $ 68,957.89 Sixty Eight Thousand, Nine Hundred Fifty Seven Dollars and Eighty Nine Cents.

4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement.

Exhibit A – Scope of Work – Includes page 2 (contact page) in count for Exhibit A 2 pages Exhibit B – Budget Detail and Payment Provisions 2 pages Exhibit C* – General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D – Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E – Additional Provisions 12 pages
*Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this Agreement as if attached hereto.

General Terms and Conditions can be viewed at: http://www.dgs.ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

LOCAL AGENCY California Department of General
Services Use Only LOCAL AGENCY’S NAME
City of Lake Elsinore
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Jason Simpson, City Manager

ADDRESS
130 S.Main St. Lake Elsinore, CA 92530

STATE OF CALIFORNIA

AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)


PRINTED NAME AND TITLE OF PERSON SIGNING
Matthew Sully, Assistant Deputy Director, Cooperative Fire ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
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EXHIBIT A

COOPERATIVE FIRE PROGRAMS

AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA

1. The project representatives during the term of this Agreement will be:

CAL FIRE Unit Chief: Riverside Unit Local Agency: City of Lake Elsinore Name: Bill Weiser Name: Jason Simpson
Phone: 951-940-6900 Phone: 951-674-3125
Fax: 951-940-6910 Fax: 951-471-1419
All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to:

CAL FIRE Unit Chief: Bill Weiser Local Agency: City of Lake Elsinore Section/Unit: Riverside Unit Section/Unit: City Manager Attention: Scott Lane Attention: Jason Simpson
Address: 210 W. San Jacinto Av.

Perris,CA 92570
Address: 130 S. Main St.

Lake Elsinore, CA 92530
Phone: 951-940-6900 Phone: 951-674-3125
Fax: 951-940-6910 Fax: 951-471-1419
Send an additional copy of all correspondence to:

CAL FIRE
Cooperative Fire Services
P.O. Box 944246
Sacramento, CA 94244-2460

2. AUTHORIZATION
This Agreement is entered into this 1st day of July, 2023, by and between the State of California, hereinafter called STATE and City of Lake Elsinore, County of Riverside, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word “Contractor” that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement.

Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection.

3. SCOPE OF WORK
LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 1689 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area.

STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas.

Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
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4. SERVICES BY STATE
A. STATE shall provide wildland fire protection for the areas defined in the above section.

B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area.

C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY.

5. ADMINISTRATION
A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE.

B. STATE response will be subject to availability of resources.

C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command.

D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area.

6. MUTUAL AID
LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY.

7. ENTIRE AGREEMENT
This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services.

Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
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EXHIBIT B

BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION

1. Invoicing and Payment:

A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of 36.45 per acre, plus an 12.01% administrative charge for a total of $68,957.89 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates.

B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE’s obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination.

C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment.

2. Budget Contingency Clause
A. If the LOCAL AGENCY’s governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein.

B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein
C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein.

Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
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D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein.

E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement.

F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement.

Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

1. Cancellation
Failure of either party to meet any of the terms and conditions of this Agreement, including nonpayment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation.

2. Audit
If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding.

3. Operating Plan
Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan.

4. Extension of Agreement
Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into.

5. Modification
This Agreement may be amended at any time by written mutual consent of the parties hereto.

6. Indemnification
Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party.

Contractor Name: City of Lake Elsionore
Contract No: 3CA06294
- 7 -

EXHIBIT E

ADDITIONAL PROVISIONS
Attachments
Budget Plan
Topographic Map
Operating Plan
Annual Report
City of Lake Elsinore
3CA06294
Page #: 8
39014

AND THE CITY/TOWN OF A LOCAL AGENCY
Number of Acres 1689
General Fund Reimbursement $ 16.33 $ 27,581.37
Unit Budget $ 20.12 $ 33,982.68
Sub-Total $ 61,564.05
Admin Rate 12.01% $ 7,393.84
Total Protection Cost $ 68,957.89

LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #)
Contract Name:

Contract #:

Comments Section:

AGREEMENT COST CALCULATIONS:

THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA)

WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE

STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) Lake Elsinore
FOR THE 2023/2024 FISCAL YEAR

FAIRMONT

COLLIER
BUENA
VISTA
WOOD

EVERGREEN MAIDEN ADELFA

ROME HILL

AUTO CENTER

BLACKWELL

GINGER PAMELA

SANGSTON
ROSE

KATHRYN
CASINO
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RAI LR OAD CANYON
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GRAY FOX
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VILLAGE WAY

VACATION

HILLSIDE
KAL
ANC
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CANYON HILLS

CANYON ESTATES

CANYON HILLS

PIEDMONT

STONEMAN

RIVERSIDE

SUMMERHILL

BIG TEE
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BUNDY CANYON

SKYLINK
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ILLINOIS

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SE D ONA
AVE 6

POTTERY

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R IDG E ROAD

SUNBLAZE

ROSETTA CANYON

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BRIGHTMAN

LAKESHORE

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Lake Elsinore
Menifee
Wildomar
SRA

LAKE ELSINORE WPA

WILDOMAR WPA
Incorporated Area µ
R Clark, RRU
Contract Number: 3CA06294 RRU Contract Acres: 1,689 Fiscal Year: 2023/2024 Pg.9 Wildland Protection Agreement
City of Lake Elsinore
0 0.5 1 1.5 2
Miles
Disclaimer: This map and any data within shall be used
for reference only. The State of California and CAL FIRE make no representations or warranties regarding the
accuracy of data or maps. Neither the State nor the
Department shall be liable under any circumstances for
any direct, special, incidental or consequential damages with respect to any claim by any user or third party on account of or arising from the use of data or maps.

Loma Linda University, County of Riverside, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMA Contract Name City of Lake Elsinore
Contract Number 3CA06294
P ag e | 10
__________________________________________________________________________________ Wildland Operating Plan
Between
The City of Lake Elsinore
and
CAL FIRE/Riverside Unit.

Contract Name: City of Lake Elsinore
Contract Number 3CA06294
P ag e | 11

OPERATING PLAN
Table of Contents
Page

1. Overview…………………………………………………………………… 12

2. Authority…………………………………………………………………… 12

3. Purpose……………………………………………………………………... 12

4. Definitions & Restrictions………………………………………………….. 12

5. Procedures………………………………………………………………….. 12-14

6. Administration……………………………………………………………… 14

7. Fire Prevention……………………………………………………………… 14-16

8. Approval…………………………………………………………………….. 17

APPENDIX
Preplanned Initial Attack Response – Riverside Ranger Unit……………… E-1 Preplanned Initial Attack Response – Lake Elsinore Fire Department…….. E-1 Contract Name City of Lake Elsinore
Contract Number 3CA06294
P ag e | 12

OPERATING PLAN

1. OVERVIEW
This Operating Plan, hereinafter referred to as PLAN, is between the California Department of Forestry & Fire Protection, Riverside Unit, hereinafter referred to as CAL FIRE and the City of Lake Elsinore, Lake Elsinore Fire Department, hereinafter referred to as CITY. It has been developed to specifically address the Agreement for Protection of Wildlands within a Local Agency, hereinafter referred to as AGREEMENT, between CAL FIRE and CITY for wildland fire protection within the city limits.

2. AUTHORITY
The PLAN is required of both CAL FIRE and CITY as part of the AGREEMENT dated July 1, 2023.

3. PURPOSE
This PLAN will provide the Unit Chief of CAL FIRE and the CITY a means for executing the AGREEMENT and is hereby attached as Exhibit E with appendices E-1 and E-2 to that AGREEMENT.

4. DEFINITIONS AND RESTRICTIONS
See AGREEMENT for definitions and descriptions of general terms. This PLAN does not allow either agency to operate outside the limitations in the AGREEMENT.

5. PROCEDURES
A. Fire Reporting/Reports-When CITY receives a report of a wildfire within the area of the AGREEMENT, it shall promptly notify the Riverside Unit Emergency Command Center (ECC). Each agency will process their appropriate reports and make the information available, upon request of the other agency, in no more than 60 days.

B. Incident Management-The Incident Command System (ICS) will be used to manage wildfires within the area of the AGREEMENT. Unified Command will be implemented with a CAL FIRE representative and a CITY representative.

Contract Name City of Lake Elsinore
Contract Number 3CA06294
P ag e | 13
C. Fires within the area of the AGREEMENT-Each agency will maintain a preplanned initial attack response (PIAR) for fires within the area of the AGREEMENT. See Appendices E-1 and E-2. Immediate cooperation between agency dispatch centers will occur to ensure prompt response of appropriate resources into the area of the fire. CAL FIRE resources will be ordered according to the terms of the AGREEMENT through the ECC. Any augmentation of the preplanned response, with CAL FIRE resources, shall be authorized by a CAL FIRE Incident Commander or Agency Representative.

Augmentation of the preplanned response may require a post incident audit. The audit will seek to demonstrate that adjacent CAL FIRE Direct Protection Areas (DPA’s) were threatened, or that the augmentation was justified on a cost efficiency basis. Local government and private resources will be ordered through the CITY dispatch center (DISPATCH) to ensure proper utilization of the Master Mutual Aid Agreement.

D. Mutual Aid-All initial attack resources will be considered mutual aid for the purpose of this AGREEMENT.

E. Initial Attack-Initial attack resources will always be based on the closest resources concept identified in the PIAR. See Appendices E-1 and E-2.

F. Move-Up & Cover-Station coverage will be exchanged between both agencies when appropriate. To prevent long-term coverage problems to either agency, the covering agency’s engines will be replaced with the covered agency’s resources as soon as it is practical to do so.

G. Fire Information: Unified Command1. Both agencies will enter into a unified command structure to manage the incident by establishing a common set of incident objectives and strategies.

This will be accomplished without losing or abdicating agency authority, responsibility or accountability. A Unified Ordering Point will be identified and established.

2. Representatives of both agencies will meet as needed to discuss procedures governing and locations of potential Information Centers. Both agencies will strive to maintain a roster of certified Public Information Officers for use during emergencies.

3. The Unified Command will determine which agency will provide the Lead Information Officer. Normally, it will be the agency with the greatest commitment of resources on the incident.

H. Representatives of CAL FIRE and CITY, of the rank of Battalion Chief or higher, may order resources directly from the ECC or DISPATCH when an immediate need arises.

These resources may include engines, fire crews and bulldozers in accordance with the Contract Name: City of Lake Elsinore
Contract Number 3CA06294
P ag e | 14
AGREEMENT. Resources sent in response to these requests will conform to the closet resources concept

6. ADMINISTRATION
The CAL FIRE Unit Chief and the CITY Fire Chief, or their designees, along with representatives from the CAL FIRE ECC and CITY DISPATCH will meet annually to discuss, review, and update the following items; procedures for reporting fires, procedures to dispatch resources to fires within the area of the AGREEMENT, procedures to dispatch resources to fires along the boundaries of the area of the AGREEMENT, and exchange general or specific information which would might affect the other agency.

7. FIRE PREVENTION
.

A. POLICY
All fire prevention activities conducted on lands within the area of the AGREEMENT will be consistent with both agencies guidelines. CAL FIRE and CITY will be expected to conduct a year-round, aggressive fire prevention program using guidelines within the CAL FIRE Handbook 9000 and CITY Fire Prevention Guidelines. This will include, but is not limited to, annual analysis and planning sessions to generate an active fire prevention plan.

1. Public Information Program-This will include all types of fire prevention news releases through the available media. Other methods will include public meetings, fairs, rodeos, parades, services clubs and a regular schedule of school programs for all grades.

2. Protection/Planning Issues-Although the responsibility for enforcing fire safe ordinances pertaining to improvements in wildland areas within the city limits is the responsibility of CITY, a CAL FIRE representative will be available upon request to comment on these issues and assist in the enforcement of related ordinances.

3. Hazard Reduction Inspections
a. Home Inspection – CAL FIRE will work directly with CITY to enforce Public Resources Code (PRC) Sections 4291, 4446, 4442, 4123, or the Uniform Fire Code sections when applicable.
b. Power line Inspections – CAL FIRE will work directly with CITY inspecting power lines over 750 volts, using PRC 4292 and 4293 as a guide.

B. RESPONSIBILITY
CAL FIRE and CITY personnel will, in the performance of their duties, Contract Name: City of Lake Elsinore
Contract Number 3CA06294
P ag e | 15
give full consideration to the prevention of fires and public education. Both agencies will allow staff to establish attainable fire prevention goals.

C. EXISTING AND PROJECTED DEMAND
Fire Prevention and suppression are the primary roles for both agencies. If the demand for services increases in the future, both agencies will develop more intensive programs. Fire protection and prevention will be influenced by the following factors:

1. Increased recreational use.

2. Increased residential and commercial development.

3. Increased utilization of vacation residences.

4. Industrial activity.

D. OBJECTIVES
The primary objective of the fire prevention plan is the reduction of fire suppression expenditures and damages from human-caused fires. The secondary objective is a current and comprehensive public education program for fire safety awareness and code enforcement.

E. RECOMMENDED ACTIONS
Both agencies will actively pursue public awareness programs through the following:

1. Public Education
a. School programs, ages K-12
b. Roadside sign program
c. Timely newspaper articles concerning fire awareness
d. Attendance at various local events which lend themselves to fire prevention displays.

Contract Name City of Lake Elsinore
Contract Number 3CA06294
P ag e | 16

2. Code Enforcement
a. Active PRC 4291 home inspection program in target areas. b. Enforcement of the Fire Safe Ordinances as they apply to construction in watershed areas. CAL FIRE will take an advisory role with the CITY Fire Marshal within the areas of the AGREEMENT.

F. FUEL MODIFICATION
Both agencies will continue to encourage individual property owners and property owner associations to establish and maintain a healthy fuel complex through the following:

1. Prescribed burning through available programs.

2. Forest practice inspections.

3. Fuel modification using mechanized systems, fire crews, and local resources.

4. Biomass programs to control stems per acre, and remove dead and down materials.

G. BURNING PERMITS
Burning permits will be required in the city limits consistent with those guidelines established in adjacent areas. This will provide consistency in the burn hours and any controls needed for the overall program.

1. Burning Permit Issuance
The CITY has the responsibility of issuing burn permits within the city limits and the area of the AGREEMENT. Both agencies will agree to and establish burn permit guidelines by April 1 of each year. The guidelines will follow those established by CAL FIRE to ensure consistency in the burn programs in both the CITY and areas adjacent to CAL FIRE.

2. Suspension of Permit Procedures
The suspension of burning permits in the area of the AGREEMENT will be directly related to the burning permit suspension procedures outside the area of the AGREEMENT to ensure area-wide consistency. Suspensions will be based on input from CAL FIRE and CITY.

Contract Name: City of Lake Elsinore
Contract Number 3CA06294
P ag e | 17
H. MONITORING AND EVALUATION
Periodic monitoring and evaluation of the PLAN will provide the opportunity to make orderly and timely amendments and revisions of the PLAN. Monitoring will determine if the:

1. PLAN is being followed.

2. PLAN objectives are being met.

3. PLAN is achieving desired results.

8. APPROVAL:

This PLAN is approved and authorized as Exhibit B Attachment 3 of the AGREEMENT between CAL FIRE and CITY:

FOR CAL FIRE:

California Department of Forestry
& Fire Protection
Riverside Unit
210 W. San Jacinto Ave
Perris, CA 92570
_________________________
Bill Weiser, Unit Chief
FOR CITY:

City of Lake Elsinore,
Fire Department
Address: 130 S. Main St.

Lake Elsinore, CA 92530
__________________________
Jason Simpson, City Manager

STANDARD RESPONSE PLAN FOR VEGETATION FIRES
CALFIRE RRU AND CITY OF LAKE ELSINORE E-1

CALFIRE WPA VEGETATION

RESPONSE

BC E AA AT COP DOZ CREW WT
LOW 1 3
MED 2 4 1 2 1 2 2 1
HIGH 2 7 1 2 1 2 4 1

CITY OF LAKE ELSINORE

VEGETATION RESPONSE
LOW 1 3
MED 1 3
HIGH 1 3
City of Lake Elsinore
Contract Number 3CA06294

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: May 9, 2023
Subject: Minutes of the Regular Successor Agency Meeting of April 25, 2023 Recommendation
Approve the Minutes.

Attachments
Attachment 1 - Draft Minutes
City of Lake Elsinore
City Council Meeting Minutes – Draft
Natasha Johnson, Mayor
Steve Manos, Mayor Pro Tem
Robert E. Magee, Council Member
Brian Tisdale, Council Member
Timothy J. Sheridan, Council Member
Jason Simpson, City Manager
Meeting Date:

April 25, 2023
Closed Session: NONE
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER - 7:00 P.M.

The Regular Meetings of the City Council and Successor Agency were called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Manos led the Pledge of Allegiance.

MOMENT OF SILENCE

ROLL CALL

Present: 4 - Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson

Absent: 1 - Council Member Tisdale

PRESENTATIONS/CEREMONIALS
1) Northwest Mosquito and Vector Control District
Receive a presentation on ways residents can protect themselves from mosquitoes following recent rain events.

Mark Breidenbaugh, District Manager, provided a presentation.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 2 :
2) Municipal Clerks Week
Proclaim the week of April 30 – May 6, 2023 as “Municipal Clerks Week” in the City of Lake Elsinore.

Mayor Johnson presented the Proclamation to City Clerk Alvarez and her team. 3) Calfire 2023 First Quarter Statistical Update
Chief Olson presented the update.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Ace Vallejos was called to speak.

Marco Sanchez was called to speak.

Paulie Tehrani was called to speak.

Rene Rolander was called to speak.

CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Sheridan, seconded by Council Member Magee to approve the City Council Consent Calendar. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
4) Minutes of the Regular City Council Meeting of April 11, 2023 Approve the Minutes.

This item was approved on the City Council Consent Calendar. 5) CC Warrant Report Dated March 24, 2023, to March 30, 2023 Receive and File.

This item was approved on the City Council Consent Calendar. 6) CC Warrant Report Dated March 31, 2023, to April 06, 2023 Receive and File.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 3 :
7) CC Investment Report for March 2023
Receive and file the Investment Report for March 2023.

This item was approved on the City Council Consent Calendar. 8) Main Street Eats Road Closure
Approve the Road Closure for the Main Street Eats event series every Saturday in May 2023 (May 6, 13, 20, & 27).

This item was approved on the City Council Consent Calendar. 9) Change Order No. 1 to Purchase One (1) Pre-designed and Engineered Sports Field Netting from Beacon Athletics for McVicker Canyon Park.

Approve and authorize the City Manager to execute Change Order No. 1 not exceeding $4,384.32 with Beacon Athletics for additional netting and material cost at McVicker Canyon Park (Project No. Z40023), in final form, as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 10) Change Order No. 2 to the Contract With USA Shade & Fabric Structures for the Purchase and Installation of Pre-designed and Engineered Canopy Shade Structures at McVicker Park (Z40023)
Approve and authorize the City Manager to execute Change Order No. 2 not exceeding $43,079.92 with USA Shade & Fabric Structures for additional concrete and covering of upper field bleachers in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 11) Amendment No. 1 to Agreement for Contractor Services with Prudential Overall Supply for Employee Uniforms and Shop Towel Services
Approve and authorize the City Manager to execute Amendment No. 1 with Prudential Overall Supply providing for an increase of $6,500 in compensation and in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 12) Amendment No. 2 to the Agreement for Contractor Services with Excel Landscape, Inc., for Additional Landscape Maintenance Services.

Approve and authorize the City Manager to execute Amendment No. 2 with Excel Landscape, Inc., extending the term for an additional year and increase compensation by an additional $86,700 for a total not exceeding $353,000 in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 4 :

SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Magee, seconded by Vice Chair Manos to approve the Successor Agency Consent Calendar. The motion carried by the following vote:

Aye: 4 Agency Members Sheridan and Magee; Vice Chair Manos; and Chair Johnson
Nay: 0 None

Absent: 1 Agency Member Tisdale
13) Minutes of the Regular Successor Agency Meeting of April 11, 2023 Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar. 14) SA Warrant Report Dated March 24, 2023, to March 30, 2023 Receive and File.

This item was approved on the Successor Agency Consent Calendar. 15) SA Warrant Report Dated March 31, 2023, to April 06, 2023 Receive and File.

This item was approved on the Successor Agency Consent Calendar. 16) SA Investment Report for March 2023
Receive and file the Investment Report for March 2023.

This item was approved on the Successor Agency Consent Calendar. 17) Agreement with AK Security Alarm, LLC for On-Call Minor Construction, Maintenance, and Operations Services
Approve and authorize the Executive Director to execute an agreement with AK Security Alarm, LLC for on-call minor construction, maintenance, and operations services in an amount not to exceed $200,000 in such final form as approved by the Agency Attorney.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS
18) Updated Master Drainage Plan and Fee Schedule
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING AN UPDATED MASTER DRAINAGE PLAN AND FEE SCHEDULE.

The Public Hearing was previously opened on March 11, 2023.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 5 :

Joseph Caldwell, Water Resources Practice Leader from Albert A. Webb Associates, presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:35 p.m.

A motion was made by Mayor Pro Tem Manos, seconded by Council Member Magee to adopt the Resolution. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
19) Planning Application No. 2021-34 (Evergreen Commercial Development Project) Requesting to Develop a New 57,254 Sq. Ft. Commercial Center on an 8.863-acre Site

1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION (ER 2021-05) (SCH NO. 2022090133) FOR PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2021-34 (TENTATIVE PARCEL MAP NOS. 38195 AND 38281, CONDITIONAL USE PERMIT NOS. 2021-09, 2021-10, 2021-11, AND 2021-12, COMMERCIAL DESIGN REVIEW NO. 2021-17, PUBLIC CONVENIENCE AND NECESSITY NOS. 2021-01 AND 2021-02, AND UNIFORM SIGN PROGRAM NO. 2021-35) IS CONSISTENT WITH THE

WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38195 SUBDIVIDING

8.863 ACRES INTO FOUR LOTS RANGING IN SIZE FROM 1.10 ACRES TO 4.62 ACRES LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38281 SUBDIVIDING

8.863 ACRES INTO FIVE LOTS RANGING IN SIZE FROM 1.10 ACRES TO 3.59 ACRES AT LOCATED APNS 377-020-014, 016, 017, 018, and 019;

5. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-09 TO ESTABLISH A 4,116 SQUARE FOOT CAR WASH ON LOT 1 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;
City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 6 :

6. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-10 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 2 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

7. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-11 TO ESTABLISH A 4,088 SQUARE FOOT CONVENIENCE STORE WITH A GAS STATION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

8. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-12 TO ESTABLISH A 3,000 SQUARE FOOT DRIVE-THROUGH RESTAURANT ON LOT 5 OF 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

9. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-01) FOR THE SALE OF BEER AND WINE (TYPE 20 ABC) FOR OFF-SITE CONSUMPTION ON LOT 3 OF TPM 38195/38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

10. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY (PCN 2021-02) FOR THE SALE OF BEER, WINE, DISTILLED SPIRITS (TYPE 21 AND 86 ABC) FOR OFF-SITE CONSUMPTION ON LOT 4 OF TPM 38281 LOCATED AT APNS 377-020-014, 016, 017, 018, and 019;

11. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-17

PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377- 020-014, 016, 017, 018, and 019; and

12. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM (SIGN) NO. 2021-35

ESTABLISHING A UNIFORM SIGN PROGRAM FOR THE EVERGREEN
COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, and 019.

The Public Hearing was opened at 7:37 p.m.

Interim Assistant Community Development Director Abraham presented the staff report.

Karen Levitt Ortiz, Evergreen Devco, Inc., provided additional information on the project.

There were no speakers.

The Public Hearing was closed at 7:55 p.m.

City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 7 :

A motion was made by Mayor Pro Tem Manos, seconded by Council Member Sheridan to adopt the 12 Resolutions. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale

BUSINESS ITEM
20) Council Policy No. 400-16 – Good Neighbor Policy for Warehousing, logistics, and Distribution Uses

1. Find Council Policy No. 400-16 Exempt from the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15061(b)(3);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING COUNCIL POLICY NO. 400-16 ESTABLISHING GOOD

NEIGHBOR POLICY FOR WAREHOUSING, LOGISTICS, AND DISTRIBUITON USES WITHIN THE CITY; and

3. Direct staff to amend Title 17 (Zoning) of the Lake Elsinore Municipal Code to include definitions and modify applicable Zoning Districts for Warehousing, Logistics, and Distribution Uses.

City Clerk Alvarez noted that 11 written communications were received, distributed to the City Council, and entered into the record.

Interim Assistant Community Development Director Abraham presented the staff report.

Ace Vallejos was called to speak.

Paulie Tehrani was called to speak.

Bill Blankenship was called to speak.

Agnes Williams was called to speak.

Kim Cousins was called to speak.

A motion was made by Mayor Johnson, seconded by Mayor Pro Tem Manos to approve staff’s recommendations and adopt the Resolution. The motion carried by the following vote:

Aye: 4 Council Members Sheridan and Magee; Mayor Pro Tem Manos; a Mayor Johnson
Nay: 0 None

Absent: 1 Council Member Tisdale
City Council Minutes - Draft April 25, 2023
City of Lake Elsinore Page 8 :

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
Jeanie Corral was called to speak.

Steve Major was called to speak.

CITY MANAGER'S COMMENTS
City Manager Simpson noted that the City’s new Medic Squad is now in service.

CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan encouraged community members to purchase a ticket including The Show experience at Diamond Stadium before and during Saturday Storm games; shared that Storm Baseball honored Ruth Atkins at their game on Sunday, April 23, 2023; shared that the Ophelia Theatre Group of Lake Elsinore held a live performance of “Opheliatrics at the Music Hall” on April 15 and 16, 2023; invited the community to attend the Main Street Eats food festival and concert event which will be held on May 6, 13, 20, and 27, 2023 in Downtown; and invited the community to attend a new water safety event on Saturday, May 20, 2023 from 1:00 – 3:00 p.m. at Yarborough Park where parents and children will receive education from local first responders on water safety.

Council Member Magee thanked staff for their efforts in addressing residents’ concerns regarding Elm Grove Beach; reported on his attendance at the Riverside County Transportation Commission Executive Committee meeting on April 12, 2023 and the Lake Elsinore & San Jacinto Watershed Authority Committee meeting on April 24, 2023; invited residents to attend the Twenty23 Pet Walk on May 6, 2023 from 9:00-11:00 a.m. at the Levee at Diamond Stadium; and shared that a Celebration of Life will be held on May 20, 2023 at 11:00 a.m. in the Cultural Center in honor of former Council Member Will Bucks.

Mayor Pro Tem Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on April 13, 2023; announced a free hazardous waste collection event on Saturday, May 6, 2023 from 9:00 a.m. – 2:00 p.m. at the Public Works Yard; and invited the community to attend the Lambs Fellowship Car & Bike Show on Saturday, May 13, 2023.

Mayor Johnson provided updates from the Homeless Task Force; provided information on Assembly Bill 742 and Senate Bill 342; congratulated Lake Elsinore Chamber of Commerce April Students of the Month; invited residents to the Elsinore Woman’s Club 67th Annual Flower Show on April 28, 2023 and April 29, 2023; shared her participation in the Temecula Entrepreneur Event; and shared her attendance at Supervisor Spiegel’s Good Morning Breakfast in Corona.

ADJOURNMENT
The Lake Elsinore City Council adjourned at 9:04 p.m. to the next Regular meeting of Tuesday, May 9, 2023 in the Cultural Center located at 183 N. Main Street. Closed Session will commence at 5:00 p.m. or such later time as noticed on the Agenda, and the regular Open Session business meeting will commence at 7:00 p.m.

REPORT TO SUCCESSOR AGENCY BOARD OF THE REDEVELOPMENT AGENCY OF

THE CITY OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: May 9, 2023
Subject: SA Warrant Report Dated Apr 07, 2023 to Apr 13, 2023 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City if Lake Elsinore for the period shown above.

Attachments
Attachment 1 - SA Warrant Summary
Attachment 2 - SA Warrant Listing
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 19,482.68
GRAND TOTAL $ 19,482.68
Attachment 1 1 of 1
APR 07, 2023 TO APR 13, 2023 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003759 CALIFORNIA STATE FIRE PROTECTION $ 332.68
5452 PURSUIT ELECTRIC, INC $ 3,400.00
5451 PROSTAFF, LLC $ 15,750.00
GRAND TOTAL $ 19,482.68
Attachment 2 1 OF 1

REPORT TO SUCCESSOR AGENCY BOARD OF THE REDEVELOPMENT AGENCY OF

THE CITY OF LAKE ELSINORE
To: Honorable Agency Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Shannon Buckley, Assistant Executive Director Date: May 9, 2023
Subject: SA Warrant Report Dated Apr 14, 2023 to Apr 20, 2023 Recommendation
Receive and File.

Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the period shown above.

Attachments
Attachment 1 - SA Warrant Summary
Attachment 2 - SA Warrant Listing
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III $ 75,937.00
540 SARDA DIAMOND STADIUM 111,721.29
GRAND TOTAL $ 187,658.29
Attachment 1 1 of 1
APR 14, 2023 TO APR 20, 2023 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA23003849 LAKE ELSINORE STORM, LP $ 75,937.00
APA23003870 UNIQUE BUILDERS OF CALIFORNIA $ 13,845.00
APA23003871 UNITED CARPORTS, LLC $ 60,325.00
5461 AK SECURITY ALARM $ 35,766.29
5478 PURSUIT ELECTRIC, INC $ 1,785.00
GRAND TOTAL $ 187,658.29
Attachment 2 1 OF 1

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Interim Assistant Community Development Director Date: May 9, 2023
Subject: Planning Application No. 2018-02 (New Ventures) – A Request for Approval of Tentative Tract Map No. 38616 and a Conditional Use Permit to Subdivide an Approximately 0.34-Acre Parcel into One Lot for Condominium Purposes and to Convert an Existing Apartment Complex into Five Residential Condominium Units Located at the Northwest Corner of Graham Avenue and Lowell Street
Applicant: Eric and Connie Kong, China Star International, Inc.

Recommendation

1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(k) (Existing Facilities);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018-02 (CONDITIONAL USE PERMIT NO. 2023-03 AND TENTATIVE TRACT MAP NO. 38616) IS

CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38616 TO SUBDIVIDE AN APPROXIMATELY 0.34-ACRE PARCEL INTO ONE LOT FOR CONDOMINIUM PURPOSES

AND TO CONVERT AN EXISTING APARTMENT COMPLEX INTO FIVE RESIDENTIAL CONDOMINIUM UNITS LOCATED AT APN: 374-183-018; and

4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-03 TO ESTABLISH A FIVE-UNIT RESIDENTIAL CONDOMINIUM ON AN APPROXIMATELY 0.34-ACRE PARCEL LOCATED AT APN: 374-183-018.

PA 2018-02 (New Ventures)

Background
On October 9, 2018, the City Council approved Residential Design Review No. 2018-01 proposing the development of a five-unit apartment complex including three two-story buildings on the approximately 0.34-acre lot. Units A through D will have a 1,573 square-foot living area, a 250 square-foot garage, and a 55 square-foot entry area. Unit E will have a 1,983 square-foot living area, a 479 square-foot garage, a 32 square-foot balcony, and a 38 square-foot porch.

On August 22, 2022, a building permit was issued for the apartment complex which is currently under construction.

On April 18, 2023, the Planning Commission conducted a duly noticed public hearing and recommended approval of the project to the City Council with a 3-0 vote. No public comments were provided on the application, and only the applicant attended the hearing.

Project Location
The project site is located at the northwest corner of Graham Avenue and Lowell Street (APN:
374-183-018).

Environmental Setting

EXISTING

LAND USE

GENERAL PLAN ZONING
Project Site Vacant Residential Mixed Use (RM) Residential Mixed Use (RMU) North Residential Low Medium Residential (LMR) Single-Family Residential (R-1) South Residential Business Professional (BP) Commercial Office (CO) East Residential Residential Mixed Use (RM) Residential Mixed Use (RMU) West Residential Residential Mixed Use (RM) Residential Mixed Use (RMU) Analysis
The project site is located within the Historic District and has a General Plan land use designation of Residential Mixed Use (RM) which provides for a mix of residential and non-residential uses within a single proposed development area with an emphasis on high-density residential uses.

The project site is located within a Residential Mixed Use (RMU) zoning district.

A development proposal to construct three two-story apartment buildings totaling 8,275 square feet in floor area on the subject parcel was previously approved and the project is currently under construction. This application proposes to subdivide the subject lot into one common area parcel and to establish five separate residential condominium units within the existing buildings. The site surroundings include residential and office development that is compatible with the proposed residential use of the project site, and there are no reasonably foreseeable incompatible uses to be located within the project vicinity. Upon adherence to the conditions of approval imposed on the previous site development permit, the project is consistent with the General Plan and Municipal Code.

PA 2018-02 (New Ventures)

The Design Review Committee including staff from Planning, Building and Safety, Fire Prevention, and Engineering have reviewed the project, and have added permit conditions of approval to ensure that project activities will comply with adopted plans, policies, and regulations.

Environmental Determination
Staff has determined that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301(k) (Class 1: Existing Facilities) because the project only involves the subdivision of an existing building into condominium units and no physical changes are proposed.

The project is consistent with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). The project involves construction a five-unit apartment complex on a previously disturbed lot. The project site is not located in a Criteria Cell and there the project was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes. The project complies with all other applicable requirements of the MSHCP.

Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.

Fiscal Impact
The time and costs related to processing this extension of time request have been covered by the application fee paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application.

Attachments
Attachment 1 – MSHCP Resolution
Attachment 2 – TTM Resolution
Attachment 3 – CUP Resolution
Attachment 4 – Conditions of Approval
Attachment 5 – Vicinity Map
Attachment 6 – Aerial Map
Attachment 7 – Tentative Tract Map 38616
Attachment 8 – Public Notice Materials
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018- 02 (CONDITIONAL USE PERMIT NO. 2023-03 AND TENTATIVE TRACT MAP NO. 38616) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE

SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Eric and Connie Kong, China Star International, Inc., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-02 (Conditional Use Permit No. 2023-03 and Tentative Tract Map No. 2022-04) proposing Tentative Map No. 38616 to subdivide an approximately 0.34-acre parcel into one lot for condominium purposes and to convert an existing apartment complex into five residential condominium units.

The project site is located at the northwest corner of Graham Avenue and Lowell Street (APN:
374-183-018); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP criteria cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes 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 adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP criteria cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving Authority) and Section 17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to review of conditional use permits and tentative maps; and, Whereas, on April 18, 2023, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and adopted a resolution recommending that the Council adopt findings that Conditional Use Permit No. 2023-03 and Tentative Tract Map No. 38616 are consistent with the MSHCP; and,
Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving Authority) and Section 17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Council has been delegated with CC Reso. No. 2023-____

the responsibility of making decisions to approve, conditionally approve or disapprove applications for approval of conditional use permits and tentative maps; and Whereas, on May 9, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the 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 Council has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP.

Section 2: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:

1. 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 is not located within a MSHCP criteria cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSHCP’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 is located in a previously disturbed site, and has no habitat, including riparian/riverine areas or vernal pools, present on site.

2. The project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review (JPR) processes.

As stated above, the project site is not located within a criteria cell and therefore the project is not subject to the City’s LEAP or JPR processes.

3. The project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.

The project site is currently being developed with an apartment complex. The project is proposing to establish a common area parcel and to convert the existing apartments into five residential condominium units. No physical changes to the site or structures are proposed by the application. Therefore, 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 not fall 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 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.

CC Reso. No. 2023-____

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 MSHCP Section 6.3.2 are not applicable.

6. The project is consistent with the Urban/Wildlands Interface Guidelines.

The project site is not within or adjacent to any MSHCP cell 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.

The project site is currently being developed with an apartment complex. The project is proposing to establish a common area parcel and to convert the existing apartments into five residential condominium units. There are no resources located on the project site requiring mapping as set forth in MSHCP 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 cell 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.

The project site is currently being developed with an apartment complex. The project is proposing to establish a common area parcel and to convert the existing apartments into five residential condominium units. No physical changes to the site or structures are proposed by the application. Therefore, as described above, the project complies with all applicable MSHCP requirements.

Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the project is consistent with the MSHCP.

Section 4: This Resolution shall take effect immediately upon its adoption.

Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 9th day of May, 2023.

Natasha Johnson, Mayor
CC Reso. No. 2023-____

Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of May 9, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38616 TO SUBDIVIDE AN APPROXIMATELY 0.34-ACRE PARCEL INTO ONE LOT FOR CONDOMINIUM

PURPOSES AND TO CONVERT AN EXISTING APARTMENT COMPLEX INTO FIVE RESIDENTIAL CONDOMINIUM UNITS AT APN: 374-183-018
Whereas, Eric and Connie Kong, China Star International, Inc., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-02 (Conditional Use Permit No. 2023-03 and Tentative Tract Map No. 2022-04) proposing Tentative Map No. 38616 to subdivide an approximately 0.34-acre parcel into one lot for condominium purposes and to convert an existing apartment complex into five residential condominium units.

The project site is located at the northwest corner of Graham Avenue and Lowell Street (APN:
374-183-018); and,
Whereas, pursuant to Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving Authority) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the review of tentative maps; and, Whereas, on April 18, 2023, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and adopted a resolution recommending that the Council approve Tentative Tract Map No. 38616 in conjunction with Conditional Use Permit No. 2023-03; and, Whereas, pursuant to Chapter 16.24 (Tentative Map) and Section 17.410.070 (Approving Authority) of the Lake Elsinore Municipal Code (LEMC), the Council has been delegated with the responsibility of making decisions to approve, conditionally approve or disapprove applications for approval of tentative maps; and,
Whereas, on May 9, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the 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 Council has reviewed and analyzed Tentative Tract Map No. 38616 pursuant to the appropriate Planning and Land Use Laws, the Lake Elsinore General Plan (GP) and Chapter 16 (Subdivisions) of the LEMC.

Section 2: The Council hereby finds and determines that the project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.) pursuant to CEQA Guidelines Section 15301(k) (Class 1: Existing Facilities) because the project involves the subdivision of an existing building into condominium units and no physical changes are proposed.

Section 3: That in accordance with State Planning and Land Use Laws and the LEMC, the Council makes the following findings for approval of Tentative Tract Map No. 38616:

CC Reso. No. 2023-____

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5).

The project site is located in the Historic District and has a General Plan land use designation of Residential Mixed Use (RM). This designation provides for a mix of residential and non-residential uses within a single proposed development area with an emphasis on high-density residential uses. The project site has been previously approved for the construction of a new five-unit apartment complex. The application proposes to divide the approximately 0.34-acre building site into one lot for condominium purposes and to convert the existing apartments into five residential condominium units. Therefore, upon adherence to the conditions of approval imposed on the previously approved site development permit, the project is consistent with the General Plan.

2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan.

The project site is currently being developed with a new five-unit apartment complex. The application proposes to create a common area parcel and to convert the existing apartments into five residential condominium units. Furthermore, the proposed subdivision will not alter the previously approved building size or development intensity.

3. That the design of the proposed division of land or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
The project site is currently being developed with an apartment complex. The project is proposing to establish a common area parcel and to convert the existing apartments into five residential condominium units. No physical changes to the site or structures are proposed by the application. Therefore, the proposed subdivision will neither cause substantial environmental damage nor impact wildlife species or their habitat.

4. That the design of the proposed division of land or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land.

Because the proposed subdivision is confined to the division of an existing building into condominium units and the creation of a common area parcel, the proposed subdivision will not conflict with public access easements.

5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.

The tentative map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. The proposed project, subject to permit conditions of approval, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

CC Reso. No. 2023-____