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: Servpro of Chino/Chino Hills
Attn: Christopher Brogdon
13885 Redwood Ave.
Chino, CA 91710
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 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. 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”
Servpro of Chino/Chino Hills , a Corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
By: Christopher Brogdon
Its: Estimator
Attachments: Exhibit A – Contractor’s Proposal
EXHIBIT A
EXHIBIT A
CONTRACTOR'S PROPOSAL
[ATTACHED]
Teom Brogdon
Serving the Greoter lnlond Empire
CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING
CODE RATE/HR
AA Administrotive Assistont $85
PA Project Auditor (Documentotion Clerk) $90
MS Mobilizotion Support $ 100
TD Truck Driver
HSO Heolthy ond Sofety Officer s1 15
RCO Resource Coordinotor (Supply Technicion) $115
DMT Demolition Technicion $1 19
Lobor Foremon $1 20
EO Equipment Operotor $1 25
$122
RS Restorotion Supervisor $122
DT Dehumidificotion Technicion $122
MT Mold Technicion (Remediotion Technicion or Supervisor) $122 $1 1s
Drywoll lnstoller/Finisher $125
Corpenter (Fromer/Finish) $1 25
Trode Foremon (Commerciol Supervisor) $ 125
$1 15
Technicion Speciolist $122
Teom Leoder $122
TMR Technicion, Mochinery Rebuild $122
Hozmot/Asbestos Technicion $1 15
HLT
HS
Hozmot/Asbestos Leod Technicion
'Asbestos
122
$122
HPM Hozmst/Asbestos Project Monoger $135
HEO Hozmot/ Asbestos Equipment Operotor $1 25
APM Assistont Project Monoger $1 1s
Project Estimotor $117
PM Proiect Monoger $127
$1 33
coc Outside Consuhonts Actuol Billing + 10%
The guidelines for lobor invoicing ore os follows: The first eight hours worked on ony scheduled shift Mondoy through Fridoy will be chorged ot the regulor hourly rote. Any hours worked in excess of eight hours on ony scheduled shift Mondoy through Fridoy will be chorged ot 1.5 times the regulor hourly rote. All hours worked on Soturdoy ond Sundoy will be ot 1.5 times the regulor hourly rote. All hours worked on Holidoys will be chorged ot 2 times the regulor hourly rote. OT opplies to oll lsbor clossificotions regordless if solory or houdy.
AFIER HOURS E,I,ERGE,VCY SERWCES.. IN THE EWNT IHAT SERIP,IRO PERSOA,A,EL ARE REQUIRED FOR ETIERGENCY SERWCES AFTER NORMAL SERVPRO AUSTTVESS TTOURS (WEEKDAYS 5:(N P.N. - 7:{N P.M.), 1.5 IIMES THE REGIILAR HOaIRLY RAIE WLL BE CHAROED.
Revised 07l2O23
Clossificntions:
$9s
Generol Lobor $111
Restoration Services IAI! subiect to OT). See Pase 9 for Prime Area Labor Conditions.
Category: Rate: Prime Area Labor Rate: Unit:
Project Coordinator s14s.00 s150.00 Per Hour
Sr. Project Manager s12s.00 Sr+o.oo Per Hour
Project Manager s110.00 s130.00 Per Hour
Health & Safety Officer Sgo.oo s100.00 Per Hour
Remediation Supervisor Saz.oo s110.00 Per Hour
Technical Specialist Sss.oo s107.00 Per Hour
Assistant Project Manager s8s.o0 s10s.00 Per Hour
Restoration Su pervisor Sso.oo Sgo.oo Per Hour
Content I nventory Supervisor s7o.oo s7e.s0 Per Hour
Remediation Technicia n S6e.oo s82.oo Per Hour
CDL Driver s68.oo Ses.oo Per Hour
Restoration Tech n icia n Sos.oo Szs.oo Per Hour
Resou rce Coord i nator/Supply Supervisor Sos.oo Szz.oo Per Hour Skilled Labor SsE.oo Szo.oo Per Hour
Project Clerical Administrator Ssz.oo Sso.oo Per Hour
General Labor s3e.7s Ssz.zs Per Hour
Management Fee * (See Page 11) S+.oo s4.00 Per Hour
Project Consultant/Estimator ** (See Page 11) s100.00 s100.00 Per Hour Reconstruction Services {All subiect to OTl. See Page 9 for Prime Area Labor Conditions.
Category: Rate: Prime Area tabor Rate: Unit:
Reconstruction Sr. Project Manager s130.00 slso.oo Per Hour Welder s128.oo s13s.00 Per Hour
Electrician s12s.00 Srgg.zs Per Hour
Roofer s120.00 s167.s0 Per Hour
HVAC Mechanical Srzo.oo s148.2s Per Hour
Plumber s11s.0o S160.2s Per Hour
Reconstruction Su perintendent S9s.oo s10s.00 Per Hour
Carpenter/Fra mer ss2.o0 s101.00 Per Hour
Drywaller/Finisher Sso.oo s118.oo Per Hour
Brick Mason s7s.00 Sgo.oo Per Hour
Tile/Flooring lnstaller s78.oo s87.s0 Per Hour
Painter s77.00 s8s.o0 Per Hour
Equipment Operator 576.00 ss0.oo Per Hour
lnsulator 5oo.oo s67.oo Per Hour
January 2023 Page 1- of 13 lnitial:
.$*
Time ond Moteriols Commerciol Pricingru
1 -goo-sERvPRo ( { -800 -7 37 -g77 6'
Schedule A: Labor
Clei
All Surface Green Clean s3.63 Gallon a
All Surface Green Clean 5ss.88 Gallon a
Benefect Decon 30 587.70 Gallon a
Benefect Disinfectant S99.19 Gallon a
Benefect Disinfectant Wipes 576.2o 250 ct a
BioBlast s139.71 Gallon o
BioBlast S13.91 Gallon a
Bright-N-Neutral Cleaner 52.18 Gallon a
Bright-N-Neutral Cleaner 540.s2 Gallon a
Carpet and Upholstery Green Clean ss.2o Gallon o
Carpet and Upholstery Green Clean S82.49 Gallon a
CitraSolvent S115.40 Gallon o
Citrus Deodorizer, Water-Based s6.17 Gallon o
Citrus Deodorizer, Water-Based ss2.62 Gallon a
Coil Cleaner 52r.77 Aerosol/Can a
Concrobium @ Disinfectant s70.16 Gallon a
Defoamer 566.89 Gallon a
Duct Sealer S9s.2o Gallon a
EASYDECON DF2OO S2o8.os Kit o
EnviroShield" odor and stain Blocker
(Clear/White) s381.02 5 Gallon Pail o
Extreme Laundry Detergent S60.48 9 lb. pail a
Extreme Laundry Detergent S209.99 35lb pail o
Fire Sta r 57e.9s Gallon a
Fire Star S1o.04 Gallon a
Flame Stop $99.ss Gallon a
Furniture Polish 518.25 Aerosol/Can a
Glass Clea ner, M ulti-Purpose S8.9s Aerosol/Can a
Glass Cleaner, Ready-To-Use S23.3s Gallon a
Glass cleaner, Super Concentrate 591.32 Gallon a
Heavy Duty Degreaser S3.7s Gallon a
Heavy Duty Degreaser s40.s2 Gallon a
Husky 815 HCD Disinfectant s139.71 Gallon a
lndustrial Cleaner S3.39 Gallon a
lndustrial Cleaner 5s4.67 Gallon a
Lemon Fresh Deodorizer $3.3s Gallon a
Lemon Fresh Deodorizer S83.70 Gallon a
Lemon Oil Polish S70.64 Gallon o
Liquid Emulsifier ss3.34 Gallon a
Powdered Emulsifier S82.4e Gallon o
Pre-Spray & Traffic Lane Cleaner S4.48 Gallon o
Pre-Spray & Traffic Lane Cleaner s71.49 Gallon a
January 2023 Page 2 of 13 lnitial:
Schedule B: Consumables
Consumables Desctiption: Rate: Unit: Concentrate;
Ready to
Use:
Rusticide $3s.s6 Quart a
SERVPRO Green 527.s8 Gallon a
SERVPRO Green 52.05 Gallon a
SERVPRO Orange 5s4.43 Gallon a
SERVPRO Orange S3.39 Gallon a
SERVPRO Orange Plus 573.79 Gallon a
SERVPRO Orange Plus s4.60 Gallon a
ServprOXlD E S6s.92 Gallon a
Shampoo Super Concentrate S3.21 Gallon o
Shampoo Super Concentrate Sao.os Gallon o
Smoke Deodorizer 5147.93 Gallon a
Smoke Deodorizer 54.72 Gallon a
Solvent Additive s110.07 Gallon a
Solvent Additive S5.89 Gallon a
Sporicidin 576.08 Gallon o
Stainless Steel Cleaner S 15.21 Aerosol/Can o
Stone and Porcelain Cleaner s4s.50 Gallon a
Stone and Porcelain Cleaner s2.eo Gallon a
Tile & Grout Cleaner 53e.07 G a llon a
Tile & Grout cleaner $2.42 Gallon a
Ultra Content cleanER 567.2s Gallon o
UItra Content CleanER 54.23 Gallon a
Ultrasonic Cleaning Agent 5s8.67 Gallon a
Ultrasonic Cleaning Agent 53.63 Gallon a
Upholstery/Drapery Solvent, Heatable 574.Ls Gallon o
Vanquish (cannot be used in California) s63.38 Gallon a Vanquish (Cannot be used in California) s1.21 Gallon a
Wall and All Plus s62.s0 Gallon a
Wall and All Plus S3.99 Gallon a
Wall and All Surface Cleaner Ss4.19 Gallon a
Wall Rinse 5s6.8s Gallon a
Window Green Clean S2s.16 Gallon O
Wintergreen Deodorizer s6s.08 Gallon o
Wintergreen Deodorizer 54.s4 Gallon a
January 2023 Page 3 of 13 ln itia l:
Schedule B: Consumables
Consumables Descriptioni Rate: Unit: Concentrate:
Ready to
Use:
Cleanins/Disinfectant (continued)
Containment
Eco Board Floor Protection 38" x 100'- Roll 5147.4s Each Floor Protection 15" x 1,100'- Roll 528L.72 Each
Plastic Sheeting .31 mil - 12' x 400' - Roll 5s9.94 Each Plastic Sheeting 4 mil - 20' x 100' - Roll 51s9.44 Each Plastic Sheeting 6 mil - 20' x 100'- Roll 5269.73 Each
Plastic Sheeting 5 mil - Fire Retardant 20' x 100'- Roll S396.80 Each Plastic Sheeting Hangers - Blue S611.39 Case
Contents
Box - Large s6.s9 Each
Box - Legal Size (1.2 cubic feet) S7.19 Each
Box - Medium Ss.59 Each
Box - Small ss.oe Each
Foam / Wood Blocks S83.e2 Box
Moving Blankets Ss.4o Each/Use
Packing Paper (26" x 24" - 140 ct - recycled) s47.93 Box/501b Tacky Mats 37" x 26" PAD/30 51s3.4s Each
Tarp (per square ft) S0.56 Each
Wrap - Bubble 72" x 125" S47.88 Roll
Wrap - Shrink 16" x 1500' s3s.96 Roll
Filters
Filter - Activated Carbon 500 cfm s8s.43 Each
Filter - Air Scrubber 500 cfm - HEPA 5277.L6 Each
Filter - Air Scrubber 500 cfm - Secondary s20.09 Each
Filter - Air Scrubber 500 cfm - Prefilter Su.60 Each
Filter - Air Scrubber 1000 cfm - HEPA s299.70 Each
Filter - Air Scrubber 1000 cfm - Prefilter S10.67 Each
Filter - Air Scrubber 1000 cfm - Secondary 516.42 Each
Filter - Air Scrubber 2000 cfm - HEPA s393.90 Each
Filter - Air Scrubber 2000 cfm - Prefllter S7.ss Each
Filter - Air Scrubber 2000 cfm - Secondary per 12 pack S160.47 Each Filter - Actlvated Carbon 2000 cfm s209.31 Each
Filter - Back Pak Vacuum Kit S4o.s2 Each
Filter - Desiccant Dehumidifier - 5000 cfm S16.66 Each
Filter - Refrigerant Dehumidifier - 754 537.76 Each
Filter - U pright Vacuum 54.2O Each
Filter - Wet/Dry Vacuum, non-HEPA 527.sL Each
Filter Material, Poly Rolled Medium 547.72 Box
Vacuum Cleaner Bags S21.10 Pa k/L0
Vacuum Cleaner Bags - Back Pack HEPA s43.16 P a k/10
Vacuum Cleaner Bags - Canister HEPA 530.s7 Pak/6
January 2023 Page 4 of 13 lnitial:
Schedule B: Consumables
Consumables Description: Rate: Unit:
Carpet Protection Film 2'x 200' S9s.66 Each
Cleaning Rags S7.13 Per lb.
Cleaning Towel 5L2.71. Dozen
Cleaning Towel (Microfiber) 5s3.es Dozen
cotton Mop Head 519.18 Each
Dusting Cloth - Masslin treated S53.90 50/Bag
Lay Flat (Roll - 250'x 14") s143.86 Each
Lay Flat (Roll - 500'x 33") 5839.15 Each
Rayon Mop Head 522.23 Each
Shoe Covers s116.28 1.50/Case
Sponge Dry Clean Szzt.tt 48/Case
Trash Bags - Contractor 3 mil Ss9.94 Box 50
Trash Bags - Environmental 6 mil $s9.94 Box 20
Wall Zippers (2 pack) S36.s6 Each
Zipfies 74" - lndustrial 52s.83 Pak/20
Zip Ties 35" - lndustrial 54r.24 Pak/10
Zip Ties 48" - lndustrial Sss.44 Pak/10
SafeW
Gloves - Chemical Resistant S98.78 Dozen
Gloves - Leather Safety/Work S11s.08 Dozen
Gloves - Nitrile/Latex S41.96 Box/100
Hea ring Protectaon 529.37 20/box
Respirator - Full or Half Mask S3o.oo Each
Respirator - N 95 57.s0 Each
Respirator Cartridges - Ammonia S29.so Each
Respirator Cartridges - Organic s27.s0 Each
Safety Goggles (Chemical Splash) 522.66 Each
Safety Glasses $6.00 Each
Safety Vest/Hard Hat Combo ss.oo Each
Tyvek (Bio-Shield Coveralls) s23.e8 Per Suit/Exchange
Spray Adhesives s28.2s Aerosol/Can
Tape - Caution 3" x 1000' HDX S19.70 Roll
Tape - Duct - 2" x 50 yrds. S13.19 Roll
Tape - HVAC 2" x 50 yrds. Szs.tt Roll
Tape - Painter (Blue) 2" x 50yrds. S1s.78 Roll
Tape - Poly/Box - 2" x 109 yrds. se.7s Roll
January 2023 Page 5 of 13 lnitia l:
Schedule B: Consumables
Consumables Description: Rate: Unit:
Miscellaneous/General
Tapes/Adhesives
Unit:
Air Compressor - Portable s40.00 Each/Day
Air Mover - Axial s42.00 Each/Day
Air Mover - Carpet S3o.oo Each/Day
Air Scrubber - 2000 cfm s15s.00 Each/Day
Air Scrubber - 1000 cfm s128.00 Each/Day
Air Scrubber - 500 cfm S9o.oo Each/Day
Blast/Power Wash Units
Electrostatic Sprayer s12s.00 Each/Dav
Fogger/Macromist s60.00 Each/Day
Fogger/Thermal s140.00 Each/Day
Media Blasting Machine S47s.oo Each/Day
Pressure Washer - Hot s180.00 Each/Day
Cleaning/Vacuum Extraction
Ca nister HEPA Vac s12s.00 Each/Day
lnsulation Vacuum S3s7.so Each/Day
Orbital Floor Machine S46.7s Each/Day
Portable Carpet Machine S3 s7.so Each Day
Portable Dry Cleaning Machine s3s7.s0 Eachl Day
Portable Extractor s225.00 Each/Day
Portable Fuel Cells 527.so Each/Day
Pump - Sump (Gas) s17s.00 Each/Day
Pump - Trash (2" to 4") Slso.oo Each/Day
Truck Mount Carpet/Extraction Machine S522.so Each/Day
Rover Extraction Unit s220.00 Each/Dav
Ultrasonic Cleaning Machine s412.s0 Each/Day
Vacuum - Upright Vacuum Cleaner s25.2s EachT Day
Vacuum - Back Pack, HEPA i85.00 Eachr Day
Vacuum - Wet/Dry S5s.oo Each/Day
Vapor Shark S84.1s Each/Day
Drvinq Equioment
camera - lnfrared/Thermal lmaging s1s0.00 Each/Day
Dehumidifier - Large Commercial (76 and over PPD) Slso.oo Each/Day Dehumidifier - Medium Commercial (75 and under PPD) S125.oo Each/Day Desiccant - 1,000 cfm s795.00 Each/Day
Desiccant - 3,000 cfm s1.3s0.00 Each/Day
Desiccant - 5,000 cfm S1,775.00 Each/Day
Desiccant - 7,500 cfm s2,1s0.00 EachT 'Day
Desiccant - 10,000 cfm 52,77s.0o Eachr'Day
Desiccant - 15,000 cfm s4,400.00 Each/,Day
s2,860.00 Each/Day
Oesiccant Ooo, Xit - l/one time charge S3so.oo Per Opening Dry Force lnjectidry (Wall Cavity) 145.00 Each/Day
OXUnit-1Ton ;302.50 Each/Day
DX Unit - 10 Ton s1,100.00 Each/Day
DX Unit - 25 Ton S1,37s.oo Each/,Day
Flex Duct 527.so EachTrDay
rem po ra rEgq! 1!9!299!j s82s.00 Each/Day
Temporary Heat: 200k-300k BTU S 1,15s.00 Each/Day
remporary Heat: 30Q!11!!!qf!l s1,37s.00 Each/Day
January 2023 Page 5 of 13 lnitial:
Schedule C: Equipment
Equipment Description: Rate:
Air Mover/ComDressor
Unit:
HVAC
HVAC Cleaning Package (* *) s616.00 Each/Day
Video lnspection s300.00 Each/Day
Odor Control
Airless Sprayer s12s.00 Each/Day
Hydroxyl S220.oo Each/Day
Ozone Generator - Activated Oxygen s132.00 Each/Day
Power
Cable - 100 ft. S38.so Each/Day
Cable - 50 ft. s3o.2s Each/Day
Cable Ramps S17.ss Each/Day
Generatorcable-5Band 582.so Each/Day
Generator - 20kW s410.00 Each/Day
Generator - 35kW 5s99.s0 Each/Day
Generator - 5okw 5797.so Each/Day
Generator - 100kW s91s.00 Each/Day
Generator - 150kW S1,1oo.oo Each/Day
Generator - 200kW s1,3oo.oo Each/Day
Generator - 300kW S1,sso.oo Each/Day
Generator - 500kW s2,500.00 Each/Day
Generator - 1,000kW Ss,soo.oo Each/Day
Generator - Portable S17s.oo Each/Day
Power Distribution, 100-200 Amp S143.oo Each/Day
Spider Box (With Cable) S7s.oo Each/Day
safeUsite Services
DocuSketch'" or Matterport'" lmaging Cameras s300.00 Each/Day Demo Carts S2o.oo Each/Day
Floor Scraper - Electric s12s.00 Each/Day
Lighting - 100' String Lights S2s.oo Each/Day
Lighting - 50'String Lights 516.00 Each/Day
Lighting - Demo Lights S2s.oo Each/Day
Lighting - Tower Mobile Slss.oo Each/Day
Lighting - Wobbles $43.s0 Each/Day
Lock-Out/Tag-Out Kit S2s.oo Each/Day
Personal Fall Protection (With Lanyard) 512.00 Each/Day Scaffolding, Bakers (Per Section) 542.s0 Each/Day
Trailers/Vehicles
Golf Cart/Gator Sso.oo Each/Day
Vehicle - Auto/Pick-up S12s.oo Each/Day
Vehicle - Box Truck s17s.00 Each/Day
Vehicle - Cargo/Passenger Van s12s.00 Each/Day
Vehicle - Mobile Command Center 5s00.00 Each/Day
Vehicle - Onsite Recovery Trailer (53') 5300.00 Each/Day Vehicle - semi-Tractor S3so.oo Each/Day
Vehicle - Trailer s12s.00 Each/Day
January 2023 Page 7 of 13 lnitial:
schedule C: Equipment
Equipment Description: Rate:
Adjustable
Wrenches/Pliers Extension Cords
Mobile Office Equipment
(Laptops, Monitors, Printers,
Scanners, Tablets, etc.)
Smocks, Vests and TShirts
Bar - Flat Pry Fire Extinguishers Spray Bottles/Triggers Earrel Pumps First Aid Kits Squeegees
Blades (Replacements) Flash Lights Moisture Meters Staple Guns Bolt Cutters Fuel Cans
Mop Buckets, Handles and
Wringers
Tables
Brooms Funnels 02 Meters Tape Gun
Brushes (All types) Gang Boxes Pallet Jacks (All types) Thermo Hygrometer Buckets (All types) Generator Aux. Adapter Power Hand Tools Tool Box Bulbs (Replacements) GFI Scraper Pump Sprayers (All types) Tool Kit (Mechanical) Cell Phones Hammers Putty Knife Trash Barrel
Chains/Locks Hand Sanitizer
Repair Kit - Hose, Airless,
Electric
Two Way or Portable
Radios, Communication
Chain Saws Hog Rings Rope 50" (Nylon, Hemp) Devices
Chairs lce Chests Roto Zips Unger Poles
chalk/chalk Line lnventory Tags Sanders Utility Knives
Demo Tools Ladders (All sizes) Saws (All types) Wheelbarrows Dolly/Hand Truck
Laundry cost for reuse of
rags will be paid at cost
plus 10%.
Screw Drivers
Drills/Drill Bit Set Scrapers
Electric Heaters < 15kw Shovels
January 2023 Page 8 of 13 lnitial:
Schedule c: Equipment
Small Tools (See paee 9l
Labor Clarsifications and Rates - listed on Page 1 apply to personnel engaged to provide services. Whether regular fulltime employees of SERVPRO franchisees, temporary labor engaged directly by SERVPRO franchises or personnel secured a labor service or vendor source. We reserve the right to revise any ofthe rates herein upon written notice when proiect is affected by market conditions beyond our control and/or availability, during large national and region-wide extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics, pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes.
Standard Rates - the rates on Page 1 are "standard rates" and apply during a standard 8-hour work day, Monday through Friday. Donningand doffing PPEand any necessary personnel decontamination will be charged actualtime.
Overtime Rates - will be billed for all labor classifications at the rate of 1.5 times the standard rate per hour for work performed on the same project in excess of 40 hours per week , or 8 hours per day and on weekends, as required by applicable law. Hours worked by personnel on the following holidays will be charged at 2 times the standard rate: New year's Day, Easter, Memorial Day, lndependence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Eve and Christmas Day. lf a state or local authority imposes more stringent overtime requirements, including holidays, those will apply. Other than performing Emergency Services, overtime must have adiuster approval. - time for all personnel including, without limitation, managers, crew, labor subcontractors and other will be billed portalto portal (office/warehouse to job siteand return) atthe rates set forth above. Witha natlonwide network, we will attempt to mobilize qualified personnel and equipment as near to the loss site as we Client is also responsible for the mobilization and return costs of vehicles, equipment and trailers over 75 miles one - When circumstances beyond our control require personnel and/or equipment to be delayed from beginning or work, the rates herein per hour will be charged for personnel and equipment, with a minimum of 6 hours for personnel, and all labor associated fees will apply.
prime Area Labor Rates - will be applied to projects within 75 miles from the center of the following areas: Chicago, Minneapolis, New York City, Washington, D.C. and within the entire states of Alaska, California, Colorado, Hawaii, Oregon, Washington and U.S. Territories. Prime Area Labor Rates may also apply during large national and region-wide extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics, pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes. Where labor availability is compromised and/or due to market conditions beyond our control. ln the event where the above Prime Area Labor Rates are applied.
The client will be notified in writing immediately.
and Union Wates - Labor is subject to prevailing wage, unionized labor and extraordinary local labor ln such events, General Labor will be charged at presented invoice plus 35% or standard labor rate, whichever Tools Charge - of 3% applies to all labor of Supervisor and below that are assigned to the project full time and includes all listed items on Page 8.
Subcontracted General Labor - includes outside labor services provided as needed for the scope of the project and will be charged at the rates above ,
plus all other applicable labor billable items including, but not limited to, per diem, small vehicles, mileage, lodging, as set forth herein and as applicable to the project. and Licensed Trades - include but are not limited to electrical, plumbing, mechanical, roofers, engineers, and other specialty trades, and will be charged at presented invoice plus 10% overhead and loo/. ptofit. officers - shall be charged as needed for the project and upon notification to client.
January 2023 Page 9 of 13 lnitial:
Labor Conditions:
Project Coordinator - coordinates activities and assignments of designated projects to ensure that goals and objectives specified for the projects are accomplished. Job Responsibility Examples: Ensure Corporate Reporting (CI-LD); Review Project Burn Reports; Review status ofiobs in progress; inspect all projects in progress; assist wlth project scope and estimate as necessary; meet with Adjuster/Consultant/lnsured to review progress and provide dispute resolution and job site inspections and all appropriate permits are in place, if applicable. . Project Manager - for extremely large projects requiring multiple Proiect Managers, a Senior Project Manager draws responsibilities with the materially interested parties away from the PMs, so they can better focus on task and documentation of their assigned project. Job Responsibility Examples: Job site inspection; prepare daily orders; morning meeting with PM's; oversee morning line-up; meeting with Project Clerical Administrator to review previous days paperwork and ensure insurance company receives proper documentation; meeting with tnsu red/Adjuster/Consultant to review progress; troubleshoot issues as necessary; complete daily checklist and iob diary; review end of shift paperwork with APM for accuracy; daily meeting with Pc; and ensures daily reporting to all Proiect Manager - directs all operations of a designated project and provides the primary single point of contact for all materially interested parties. The PM is accountable for the proiect's execution and completion. Job Responsibility Examples: Jobsite inspection; prepare Daily Work Orders; morning meeting with APM, HsO & RC; oversee morning lineup; meet with Project Clerical Administrator to review previous day's paperwork and ensure insurance company receives proper documentation; meet with lnsured/Adjuster/Consultant to review progress; troubleshoot issues as necessary; complete Daily Checklist and lob Diary; review end-of-shift paperwork with APM for accuracy; daily meeting with PC and ensures daily reporting to all stakeholders.
Health & Safety Officer - identifies, evaluates, and implements policy a nd procedures that affect health and safety aspects for all personnel on the jobsite. Job Responsibility Examples: Morning meeting with PM; morning Safety Meeting line-up; continuous site inspections for safety infractions; ensure all safety boards are in place and satisfy all SERVPRO rds; incident reports as necessary; OSHA inspections as necessary; job site safety training, as necessary.
Remediation Supervisor - supervises the General Laborers (GL) to maintain quality production but does not participate in physical completion of tasks, other than training and coaching the General Laborers performing the work. 'echnical Specialist - handles specific specialty restoration services or tasks, such as thermal imaging or 3D geospatial scans of a structure and is a technical advisor in specialty restoration services.
Assistant project Managet - executes the production plan (based on work orders and the direction of the Project Manager) by coordinating Restoration Supervisors (RS) and labor while assuring safety compliance and quality of production. Job Responsibility Examples: Job site inspection with PM; morning meeting with Restoration Supervisors; issue Daily Work Orders; morning line-up; on-going quality inspections; end-of-shift meeting with Restoration Supervisors; daily paperwork and review for accuracy; review end-of-shift paperwork with PM.
January 2023 Page 10 of 13 lnitial:
Restoration Services Labor Descriptions:
Restoration Supervisor- supervises all la bor classifications to ensu re quality production butdoesnot participate in the physical completion of tasks, other tha n training and coach ing the those performing the work.
Content lnventory Supervisor - is responsible for tracking and documenting all aspects of the contents handling and processing on a project. This supervisor will manage teams within the structure/proiect and audit documentation and reports and provide them on a daily basis for the proiect file.
Remediation Technician - performs skilled production tasks and has training to work in specialized environments which may require additional PPE, safety gear. and communication techniques.
CDL Driver - is responsible for transportation involving vehicles that require CDL license.
Restoration Technician - performs skilled restoration tasks.
Resource Coordinator/Supply Supervisor - identifies, negotiates and secures needed resources including labor, equipment, and subcontractors. Job Responsibility Examples: Mornlng meeting with PM; purchase subcontractor services as requested by PM; issue purchase orders as requested by PM; oversee subcontractor services; Seneral site services oversighu evening meeting to review daily paperwork with PM.
Labor - has developed expertise through project experience such as boarding up structures, the building walls, erecting containment, and making precision cuts to building materials. This may also include the of specialty equipment (i.e. power tools, forklifts, and specialty restoration equipment) and work performed at high risk or helght and providing specialized content packing and handling.
Project Clerical Administrator - coll€cts, compiles and validates all documentation and financial information for the project. Job Responsibility Examples: attending the morning meeting with PM to review previous day's paperwork; data entry for all paperwork into Time and Materials Management (T&M) Software; reconcile invoices to tickets.
General Labor - perform labor tasks and are capable of using basic hand tools Management Fee - is charged for supervising and training labor provided by the customers employee pool. At times we are asked or required to utilize the customers employees to utilize certain task and this fee is a per employee supervisor fee.
Project Consultant/Estimator - may be billed at the request or the invitation of a customer/client to provide consulting including detailed estimates on third party projects.
)anuary 2023 Page 1l of 13 lnitial:
Restoration Services Labor Descriptions:
Client will be notified of non-scheduled consumables needed for the project, which will be charged at presented invoice plus 10% overhead and 10% profit.
We may add additional consumables, materials and corresponding rates to this schedule as needed for individual projects upon written notice which will be charged at presented lnvoice plus 10% overhead and 10 % profit.
Daily Rate - is charged for each calendar day equipment is utilized on a project, whether partial or full day. quick Pay Oiscount - for full payment made within 30 days of invoice applies as follows:
o Weekly rate of the first 5 consecutive days of the same week (no charge for last 2 days), and . Monthly rateof3 consecutive weeks (21 Days) of a monthly period (no charge for the fourth/last week). - for on-site services, such as fencing, porta johns, dumpsters and office trailers will be charged at presented invoice plus 10% overhead and 10% profit.
Generators - will have a minimum charge of 1 daily rate plus all costs incurred if power is restored upon or prior to arrival, or client cancels generator order. Service Provider makes no guarantee on timelines for generator availability during a catastrophic event or other circumstances beyond our control.
Fuel - scheduled prices do not include fuel or fuel delivery, which will be charged at presented invoice plus 1o% overhead and L0% profit.
Ordered, purchased and Unscheduled (additional) Equipment - Client will be notified of any additional equipment needed for the project and rented from third parties or purchased, which will be charged at presented invoice plus 10% and 10% profit, with minimum of l day rental, plus any related charges including, without limitation, and fuel as set forth herein.
Equipment Transportation - will be billed for delivery to pro.iect site and return by 3rd party vendors at presented invoice plus 10% overhead and 10% profit. Transportation provided byService Provider staff will be invoiced at scheduled rates herein.
**Desiccant Package Unit - 5k Desiccant, 150kW Generator, Fuel Cell, Trailer, Distro Panel, Flex Dud/1 set, Power cables/1 set.
*rHVAC Cleaning Package - Negative Air Machine, compressor, Portable Cleaner, and WIP Kit' T - Off-Site logistical/Mobilization Support - services include, without limitation, off-site management, mobilization of proiect office, communication support, specialty office equipment/supplies, technicians, administrative support staff, other costs of pro.iect support and administrative allowances that support field operations before and after the project start/completion date, which will be billed at 3% of the total charges for the project, excluding only reimbursables expenses, subcontractor invoices and third party vendor invoices. This should only be considered in a large national and region-wide extraordinary events, as declared by Servpro lndustries. These include, but are not limited to: epidemics, pandemics, storms, catastrophes, hurricanes, floods, earthquakes, wildfires and tornadoes. Written approval from the client and servpro lndustries Commercial Large Loss Division is required.
January 2023 Page 12 of 13 lnitial:-
Consumables Conditions:
Equipment Conditions:
Mobilization lf ravel - for projects over 75 miles one way will be charged to project and return as follows: hotel at presented invoice; per diem at 560 per person per day; rented vehicles at presented invoice; airfare at presented invoice; transportation for equipment and materials utilized for the benefit of the project at presented invoice; meals for general labor at cost. All of the above will be charged at presented invoice plus L0% overhead and 10% profit.
Taxes - the rates herein are exclusive of federal, state and local sales, use or similar taxes, which will be separately itemized in the invoice and paid by Client.
Permits - the rates herein do not include permit costs and fees, which will be billed with 10% overhead and 10% profit added.
Bonding - may be applicable upon mutual agreement and will be invoiced at5% of project.
Other Servpro franchisees - Client acknowledges and agrees that other Servpro franchisees may be utilized to provide necessary services; provided, however, the undersigned Provider shall be responsible for their performance and shall make payment once received from Client.
Scope - Upon arrival on site, Provider will assess the loss and begin Emergency Services, which are those needed, recommended and approved to stabilize the environment/property and help prevent additional damage. Service Provider will use best efforts to communicate a preliminary scope within 72 to 96 hours after on-site arrival, subject to supplements, revisions and change orders as circumstances and later discoveries indicate. lnvoices - will be submitted periodically for work that has been performed on larger projects as mutually agreed. The final invoice shall be submitted within 30 days of project completion, unless delayed by events beyond our control' All invoicesaredueandpayableuponreceiptandwill bedeemedlate30daysafterreceipt. lfthereareanydisputed charges on any invoices, these must be clearly identified in writing within 30 days of leceipt of invoice; provided, however, that any amounts not disputed in good faith must be paid within 30 days of receipt of invoice. Both parties shall use best efforts to resolve any such disputed amounts within 30 days after written notice. lnterest charges will begin to accrue after 30 days of receipt of invoice for undisputed amounts and 90 days for such disputed amounts at the rate of I% per month or the maximum amount allowed by law, whichever is lower. Client agrees to pay Service Provider's attorney's fees for cost of collections.
Date:
Franchise Legal I
;s:
,RO franchise.
January 2023 Page 13 of 13
General Conditions:
Client's Signature: Provider's Signature:
Ilient Printed Name:
l/b/a SERVPRO@ of:
Citv. State and Zip:
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: November 14, 2023
Subject: WRCOG Agreements for Streetlight Operations & Maintenance Recommendation
Approve and authorize the City Manager to execute the First Amendment to the Implementation Agreement with the Western Riverside Council of Governments (WRCOG) and Appendix 4 to the WRCOG Professional Services Agreement with Yunex, LLC.
Background
WRCOG has a Professional Services Agreement with Yunex, LLC (known as Yunex Traffic), formerly Siemens, to provide streetlight retrofit and O&M services to the member agencies in the Regional Streetlight Program. On September 27, 2018, the City of Lake Elsinore entered into an Implementation Agreement with WRCOG to implement the maintenance and repair program for the City's streetlights and receive all services provided by the Regional Streetlight Program. On November 1, 2018, the City entered Appendix 4 to the WRCOG Professional Services agreement to receive streetlight O&M services provided by Yunex Traffic, formerly Siemens, within the City's jurisdiction. The WRCOG Professional Services Agreement with Yunex Traffic will expire on December 1, 2023.
On July 12, 2023, WRCOG released Request for Proposals Number 23-02, seeking a provider for streetlight O&M services for the agencies participating in the Regional Streetlight Program. On October 2, 2023, the WRCOG Executive Committee approved an award to Yunex Traffic. It authorized a new Professional Services Agreement to provide streetlight O&M services to the member agencies in the Regional Streetlight Program. This item is seeking approval from the City Council to enter into a First Amendment to the Implementation Agreement with WRCOG to integrate the new WRCOG Professional Services Agreement (PSA) and a new Appendix 4 to the new WRCOG PSA with Yunex Traffic and WRCOG to receive streetlight O&M services.
WRCOG Agreements for Streetlight Operations & Maintenance
Discussion
The Implementation Agreement between the City of Lake Elsinore and WRCOG for the implementation of the maintenance and repair program for streetlights provides the City with streetlight operations & maintenance (O&M) services, project management, and as-needed technical assistance for smart streetlight technologies, such as traffic sensors, and as-needed support for broadband initiatives or projects. The City compensates WRCOG through an Administrative Fee based on a per-pole-per-month fee. As required by the Implementation Agreement, WRCOG secured a contractor, Yunex Traffic, formerly Siemens, to provide streetlight O&M services to member agencies in the Regional Streetlight Program.
Yunex Traffic's bid includes a similar scope of work as the current agreement, including Routine and Extraordinary, Emergency, and After-Hours Maintenance, as well as updated compensation rates. Services provided under the Routine maintenance schedule are compensated on a perlight, per-month rate and include services such as fixture replacement via warranty claims, replacement of long-life photocells, fuses, fuse holders, and hand hole covers, troubleshooting for up to two hours during a service call for failed streetlights, and a quarterly night check of all agency-owned streetlights.
Services provided under the Extraordinary, Emergency, and After-Hours Maintenance scope of work are as needed. They are thus compensated on a time and material (T&M) basis based on the Labor and Equipment rates in the bid. This scope of work includes LED retrofits and installation of pole identification tags for cobra-head and decorative style streetlights, responding to pole knockdowns and replacement of the pole, and miscellaneous services such as pull box lid and overhead wiring replacement, underground service alert services, pole painting, and graffiti abatement. WRCOG receives invoices for the Extraordinary, Emergency, and After-Hours Maintenance services provided in the City and forwards those invoices to the City for direct payment to Yunex Traffic.
To move forward, the City will need to execute the First Amendment to the Implementation Agreement between WRCOG and the City of Lake Elsinore (Attachment 1) and a new Appendix 4 to the new WRCOG Professional Services Agreement that will be between WRCOG, Yunex, LLC, and the City of Lake Elsinore (Exhibit A). The term of Appendix 4 to the WRCOG Professional Services Agreement with Yunex Traffic for streetlight O&M services will be three years, with one additional one-year period and two additional six-month periods, for a maximum potential term of five years. The compensation for this agreement was calculated by allocating budgets for streetlight maintenance from each member agency in the Regional Streetlight Program, estimated maintenance costs based on streetlight inventories, and estimated maintenance costs based on the average of the three prior years' costs for maintenance. The notto-exceed compensation amount for the WRCOG Professional Services Agreement is $7,295,244. The City of Lake Elsinore's share of the compensation for the WRCOG Professional Services Agreement is currently estimated at $1,679,739. It is subject to change based on the number of streetlights added to or removed from the Program and any additional work requested by the City.
WRCOG Agreements for Streetlight Operations & Maintenance
Fiscal Impact
No Additional Fiscal Impact due to the Amendment
Attachments
Attachment 1 - First Amendment to the Implementation Agreement with WRCOG Attachment 2 - Appendix 4 to the WRCOG Professional Services Agreement -1 of 30-
FIRST AMENDMENT TO THE IMPLEMENTATION AGREEMENT
BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
AND THE CITY OF LAKE ELSINORE TO IMPLEMENT MAINTENANCE AND REPAIR
PROGRAM FOR STREETLIGHTS
This First Amendment to Maintenance Agreement (“First Amendment”) is entered into as of __________________ between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and the CITY OF LAKE ELSINORE (“Member Agency”), a public agency formed under the laws of the State of California. WRCOG and the Member Agency are sometimes collectively referred to in this First Amendment as the “Parties” or individually as a “Party.”
RECITALS
WHEREAS, on March 27, 2018, WRCOG entered into an “Amended and Restated Western Riverside Council of Governments Professional Services Agreement” with Siemens Industry, Inc. (the “Original Professional Services Agreement”), for the provision of retrofitting services and regular maintenance and repair services (the “Services”), which was subsequently amended; and WHEREAS, WRCOG and the Member Agency entered into the “Implementation Agreement between the Western Riverside Council of Governments and City of Lake Elsinore to Implement the Maintenance and Repair Program for Streetlights” on September 27, 2018, in order to authorize WRCOG to enter into one or more agreements with third party providers for the provision of maintenance, repair, retrofitting and replacement services of streetlights and acquisition of retrofit equipment on behalf of the Member Agency within the Member Agency’s jurisdiction and to administer such agreements; and
WHEREAS, the Original Professional Services Agreement expired and WRCOG has entered into a “Western Riverside Council of Governments Professional Services Agreement” with Yunex LLC dated October 2, 2023 (the “Professional Services Agreement”), to provide professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for member agencies; and
WHEREAS, the Parties desire enter into this First Amendment to amend the Implementation Agreement, as permitted pursuant to the provisions of thereof, to replace the Original Professional Services Agreement attached as Exhibit A to the Implementation Agreement with the Professional Services Agreement, attached as Exhibit A hereto; and
WHEREAS, the City Council has authorized the Member Agency to enter into this First Amendment.
NOW, THEREFORE, the Parties hereby understand and agree as follows:
AGREEMENT
Section 1: Amendment to the Implementation Agreement.
Exhibit A of the Implementation Agreement shall be replaced with the Professional Services Agreement attached hereto as Exhibit A.
Section 2: Effect of this First Amendment on the Other Terms and Provisions of the Implementation Agreement.
All terms and provisions of the Implementation Agreement, shall remain in full force and legal effect except as expressly modified by the provisions of this First Amendment. -2 of 30-
IN WITNESS WHEREOF, the Parties hereby have made and executed this First Amendment as of the date first written above.
WESTERN RIVERSIDE COUNCIL CITY OF LAKE ELSINORE
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
APPROVED AS TO FORM:
By:________________________________
City Attorney
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EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT
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WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this day 2nd of October, 2023, by and between the Western Riverside Council of Governments, a California public agency (“WRCOG”), and Yunex, LLC, a Delaware limited liability company (“Consultant”). WRCOG and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Lease Agreement.
Banc of America Leasing & Capital, LLC (together with its successors and assigns, "Lessor") entered into an Equipment Lease/Purchase Agreement with each of the Member Agencies (as defined herein) in order to finance the acquisition, installation and retrofitting of streetlights within the Member Agency's jurisdiction (as amended, the "Lease Agreement"). The Parties expressly hereby agree that the Lease Agreement is not being incorporated into this Agreement and shall not be deemed a part of this Agreement. City of Perris
City of San Jacinto
City of Wildomar
2.2 Member Agency.
“Member Agency” means any and all member agencies participating in WRCOG’s street light program in accordance with an Implementation Agreement. The following local agencies are Member Agencies for the purposes of this Agreement:
City of Eastvale
City of Hemet
City of Lake Elsinore
City of Menifee
City of Murrieta
City of Perris
City of San Jacinto
City of Wildomar
Jurupa Community
Services District
2.3 Incorporated Documents.
2.2.1 Request for Proposal. The Request for Proposal No. 23-02 (“RFP”) issued by WRCOG on July 12, 2023 and the Consultant’s response to the RFP dated August 2, 2023 are incorporated herein by this reference.
2.2.2 Appendices and Exhibits. Each Member Agency shall execute its own Appendix, which shall cover the following for that Member Agency: Scope of Services (Exhibit A) and Compensation (Exhibit B). The following Appendices, including their Exhibits, are attached hereto and incorporated herein by this reference:
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Appendix 1 – City of Eastvale
Appendix 2 – City of Hemet
Appendix 3 – Jurupa Community Services District
Appendix 4 – City of Lake Elsinore
Appendix 5 – City of Menifee
Appendix 6 – City of Murrieta
Appendix 7 – City of Perris
Appendix 8 – City of San Jacinto
Appendix 9 – City of Wildomar
2.4 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by WRCOG and its Member Agencies on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing LED streetlight installation and ongoing operations and maintenance of street light systems is licensed in the State of California, and is familiar with the plans of WRCOG and its Member Agencies.
2.5 Project.
WRCOG desires to engage Consultant to render such professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for Member Agencies (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.2 Term. The term of this Agreement shall be from December 1, 2023 to December 31, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. WRCOG shall have the option to extend the term of this Agreement for one (1) additional one (1) year period, and two (2) additional six (6) month periods (“Option Term”) by notifying Consultant in writing prior to the end of the term of this Agreement, or any then-current Option Term, of its election to exercise its option. The Option Term may be exercised by WRCOG on behalf of all or any number of Member Agencies, subject to prior written approval from the relevant Member Agency with respect to the extension of its respective Appendix. Compensation for work during any Option Term shall be at the rates set forth in Exhibit “B”, but otherwise all other
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to WRCOG and the applicable Member Agencies all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the LED street light installation and ongoing operations and maintenance of street light systems necessary for the Project (“Services”). The Services are more particularly described in the RFP and in Exhibit “A” to each Appendix attached hereto and incorporated herein by reference, and which are stated in the proposal to WRCOG and approved by WRCOG’s Executive Committee. All Services shall be subject to, and performed in accordance with, this Agreement, the Appendices and exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
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terms and obligations of this Agreement shall continue during any Option Term.
3.1.3 Assignability of Agreement. WRCOG reserves the right to assign this Agreement to other entities, subject to prior written approval from the relevant Member Agency with respect to an assignment of its respective Appendix. Assignment(s) will be subject to the same terms and conditions included in this Agreement. Other entities shall negotiate the pricing for the Services and supplies with the Consultant and include necessary provisions for management of their specific projects. WRCOG shall have no responsibility for the Consultant’s performance under any assignments.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. WRCOG retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of WRCOG or any Member Agency and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, disability insurance,and workers’ compensation insurance.
3.2.2 Schedule of Services. Consultant shall install replacement poles within 20 business days of a reported knockdown of a pole or upon approval from WRCOG or a Member Agency. At WRCOG and the Member Agency’s discretion, if such pole is not replaced within the initial 20 days, a one hundred dollar ($100) bill credit will be applied to the Consultant’s invoice.
An additional $100 bill credit will be applied for every 15 business days thereafter that the Consultant fails to replace such pole. Consultant shall perform the Services for WRCOG and the applicable Member Agency expeditiously, within the term of this Agreement. Consultant understands and agrees that in the event that the schedule for delivery of Services to any Member Agency is delayed, for any reason whatsoever including through the fault of WRCOG or the Member Agency, the delay shall not be used as a reason for delay on the part of the Contractor in meeting the schedule for delivery of Services to any other Member Agency. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant’s conformance with the schedule, WRCOG and the applicable Member Agency shall respond to Consultant’s submittals in a timely manner. Upon request of WRCOG or any Member Agency, Consultant shall provide a more detailed schedule of anticipated performance.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of WRCOG and the applicable Member Agency.
3.2.4 Substitution of Key Personnel. Consultant has represented to WRCOG that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of WRCOG. In the event that WRCOG and Consultant cannot agree as to the substitution of key personnel, WRCOG shall be entitled to -7 of 30-
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to WRCOG, or who are determined by the WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the WRCOG. The key personnel for performance of this Agreement are as follows: Michael J. Hutchens, Steven Teal, Robert Paquette, and Candace Gallaher.
3.2.5 WRCOG’s Representative. WRCOG hereby designates Daniel Soltero or his or her designee, to act as its representative for the performance of this Agreement (“WRCOG’s Representative”). WRCOG’s Representative shall have the power to act on behalf of WRCOG for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than WRCOG’s Representative or his or her designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Steven Teal or his or her designee, to act as its Representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures, and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with WRCOG staff in the performance of Services and shall be available to WRCOG’s staff, consultants, and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and sub- contractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and sub-contractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense, and without reimbursement from WRCOG or any Member Agency, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by WRCOG or the applicable Member Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to WRCOG, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules, and/or regulations, and without giving written notice to WRCOG, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, -8 of 30-
indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and the Member Agencies’ Directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to WRCOG that it has secured all insurance required under this section, in a form and with insurance companies acceptable to WRCOG. In addition, Consultant shall not allow any sub-contractor to commence work on any subcontract until it has provided evidence satisfactory to WRCOG that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or sub-contractors.
Consultant shall also require all of its sub-contractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement / location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $5,000,000 per accident for bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by WRCOG to add the following provisions to the insurance policies:
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(A) General Liability.
(i) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury / Advertising Injury; (3) Premises / Operations Liability; (4) Products / Completed Operations Liability; (5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage. (ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement. (iii) The policy shall give WRCOG, its Directors, officials, officers, employees, volunteers and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (iv) The additional insured coverage under the policy
shall be “primary and non-contributory” and will not seek contribution from WRCOG’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage.
(B) Automobile Liability.
(i) The automobile liability policy shall be endorsed to state that: (1) WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired, or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ Directors, officials, officers, employees, agents, and volunteers shall be in excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. (C) Workers’ Compensation and Employers Liability Coverage. (i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) The insurer shall agree to waive all rights of
subrogation against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. -10 of 30-
(D) All Coverages. Defense costs shall be payable in addition to the limits set forth hereunder. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ Directors, officials, officers, employees, volunteers and agents as additional insureds under said policies. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater. (i) The limits of insurance required in this Agreement
may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of WRCOG and each Member Agency (if agreed to in a written contract or agreement) before WRCOG’s or any Member Agency’s own insurance or self-insurance shall be called upon to protect it as a named insured.
The umbrella / excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies).
(ii) Consultant shall provide WRCOG at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to WRCOG at least ten (10) days prior to the effective date of cancellation or expiration.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) The foregoing requirements as to the types and
limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by WRCOG, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(v) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, WRCOG and its Member Agencies have the right but not the duty to obtain the insurance they deem necessary, and any premium paid by WRCOG and its Member Agencies will be promptly reimbursed by Consultant or WRCOG (and the applicable Member Agency) will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, WRCOG may cancel this Agreement. WRCOG may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. -11 of 30-
(vi) Neither WRCOG, its Member Agencies, nor any of
its Member Agencies’ directors, officials, officers, employees, volunteers or agents shall be personally responsible for any liability arising under or by virtue of this Agreement.
3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents, and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by WRCOG. Consultant shall guarantee that, at the option of WRCOG, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, licensed to do business in California, and satisfactory to WRCOG and each member Agency.
3.2.10.8 Verification of Coverage. Consultant shall furnish WRCOG and each Member Agency with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to WRCOG. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by WRCOG if requested. All certificates and endorsements must be received and approved by WRCOG before work commences.
WRCOG reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.10.9 Sub-consultant Insurance Requirements. Consultant shall not allow any sub-contractors or sub-consultants to commence work on any sub-contract until they have provided evidence satisfactory to WRCOG that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such sub-contractors or sub-consultants shall be endorsed to name WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officers, officials, employees, agents and volunteers as an additional insured using ISO Form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, WRCOG may approve different scopes or minimum limits of insurance for particular sub-contractors or sub-consultants.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state, and federal laws, rules, and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and sub-contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment, and other safety devices, equipment and wearing -12 of 30-
apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.12 Surety Bonds. Consultant shall provide each Member Agency with a payment and performance bond ("Surety Bond") executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of "A-" or better, and otherwise satisfactory to the Member Agency and naming the Member Agency as a coobligee in a sum equal to the entire amount to become payable under the Appendix to this Agreement applicable to the Member Agency. Each bond shall be conditioned on the completion of the Services for that Member Agency and upon payment of all claims of subconsultants and suppliers. Consultant shall cause the surety company to add WRCOG and Banc of America Leasing & Capital LLC as a co-obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to WRCOG and Banc of America Leasing & Capital LLC promptly upon receipt thereof by Consultant. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Consultant's obligations in accordance with this Agreement and all Appendices and, if for whatever reason such proceeds are not so applied, then first to amounts due Lessor (as defined in the Lease Agreement) pursuant to Section 4.05 and 7.04 of the Lease Agreement, and any remaining amounts shall be payable to Lessee (as defined in the Lease Agreement).
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”B” attached hereto and incorporated herein by reference. Compensation does not include costs for extraordinary street light maintenance services, described in Exhibit “A.” The total compensation for Services, with the exception of extraordinary street light maintenance services described in Exhibit “A,” shall not exceed seven million two hundred ninety-five thousand two hundred forty-four dollars ($7,295,244) without written approval of WRCOG’s Executive Director and the applicable Member Agency. Extra Work may be authorized, as described below, and, if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to WRCOG a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The monthly statement shall be submitted to WRCOG within 20 days from the end of the billing period, and individual billing for claims or special projects shall be submitted within 30 business days from the date of completion. The statement shall contain the invoice number and date; remittance address; Agreement Number 2024-80-2026-001, and invoice total. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. At a minimum, Consultant shall provide a statement with sufficient detail to enable WRCOG or the Member Agency to make payment to Consultant from the appropriate account in accordance with the Paying Agent Agreement (as defined in the Lease Agreement) and/or Escrow Agreement (as defined in the Lease Agreement), as applicable (i.e., retrofit specific costs to be identified separately from other Services under this Agreement).
WRCOG shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by WRCOG.
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3.3.4 Extra Work. At any time during the term of this Agreement, WRCOG may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by WRCOG to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from WRCOG’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 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 certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. WRCOG shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ elected officials, officers, employees, volunteers, and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.3.6 CPI Increase. In recognition of the general increase in the cost of doing business, the parties agree to an increase in the compensation rates as of July 1st of each calendar year, in an amount equal to the increase in the U.S. Department of Labor Consumer Price Index "CPI" for the previous calendar year (January 1 through December 31) for all urban consumers in the Riverside County, California area; provided that the CPI adjustment shall be rounded up to the nearest full dollar, and further provided that the CPI adjustment shall not exceed five percent (5%) for any year. Notwithstanding any provision herein to the contrary, Consultant may request, on or before March 31st of each year, an increase in the rates over and above the CPI adjustment upon a showing of good cause for such increase; provided that the approval or disapproval of any such request shall be made by the WRCOG in its sole and absolute discretion.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of WRCOG or any applicable Member Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. WRCOG may, subject to prior written -14 of 30-
approval from the relevant Member Agency and by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In addition, each Member Agency may, by written notice to WRCOG and Consultant, terminate its Appendix to this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to WRCOG or the applicable Member Agency, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, WRCOG may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, WRCOG and its Member Agencies may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Yunex LLC
9225 Bee Cave Rd, Building B, Suite 201
Austin, TX 78733
Attn: Steven Teal
WRCOG: Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attn: Daniel Soltero
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Inspection of Installation Data and Maintenance Records
3.5.3.1 Documents & Data; Licensing of Intellectual Property. During the course of this Agreement, and upon reasonable advance notice and during normal business hours, WRCOG and its Member Agencies may inspect and examine the installation data and maintenance records specifically created or collected by Consultant under this Agreement. Upon termination or expiration of this Agreement, Consultant will provide to WRCOG and its Member Agencies the installation data and maintenance records specifically created or collected by Consultant under this Agreement. The installation data and maintenance records shall include all final installation data, customer service reports and inquiry activity, and maintenance records, but -15 of 30-
shall not be deemed to include any proprietary, confidential, or protected information, programs, platforms, and/or materials of Consultant.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and 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 WRCOG and the relevant Member Agency, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. 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 WRCOG’s or any member Agency’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television, or radio production or other similar medium without the prior written consent of WRCOG or the applicable Member Agency.
3.5.3.3 Infringement Indemnification. Consultant shall defend, indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by WRCOG or any Member Agency of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
3.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative, or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, consultants, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors, arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense, and risk, any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award, or decree that may be rendered against WRCOG or its Directors, officials, officers, consultants, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ directors, officers , consultants, employees, agents, or volunteers, for any and -16 of 30-
all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents, or volunteers. This section shall survive any expiration or termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 WRCOG’s Right to Employ Other Consultants. WRCOG reserves the right for itself and its Member Agencies to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG, subject to prior written approval from each applicable Member Agency to the extent such assignment, hypothecation or transfer could impact such Member Agency’s Appendix. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and sub-contractors of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include its Directors, officers, employees, agents and all volunteers except as otherwise specified in this Agreement. All references to Member Agencies include their elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties, subject to prior written approval from each applicable Member Agency to the extent such supplement, modification, or amendment impacts such member Agency’s Appendix. -17 of 30-
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third-Party Beneficiaries. There are no intended beneficiaries of any right or obligation assumed by the Parties with the exception of the Member Agencies, which are expressly considered to be third party beneficiaries and are entitled to enforce any and all rights held by the Member Agency itself or by WRCOG under this Agreement.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 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, WRCOG shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, Director, officer, official, agent volunteer, or employee of WRCOG, during the term of his or her service with WRCOG, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any sub-contractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of any of WRCOG’s Minority Business Enterprise Program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers’ Compensation, or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 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 bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.6 Subcontracting.
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3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of WRCOG, subject to prior written approval from the applicable Member Agency to the extent such work relates to such member Agency’s Appendix. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE TO
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
PROFESSIONAL SERVICES AGREEMENT
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
*A corporation requires the signatures of two corporate officers.
One signature shall be that of the Chairman of Board, the President or any Vice President, and the second signature (on the attest line) shall be that of the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer of such corporation.
If the above persons are not the intended signators, evidence of signature authority shall be provided to WRCOG.
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APPENDIX __
MEMBER AGENCY NAME
This Appendix _ to Agreement (“Appendix”) by and between WRCOG, Consultant, and [***MEMBER AGENCY ***] ("Member Agency") is made and entered into this _____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred to herein as Parties.
1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated ____ __, 2023, with the exception of the term Member Agency, which for the purposes of this Appendix will refer to [***MEMBER AGENCY NAME***] only.
2. Agreement Incorporated. The terms and provisions of the Agreement are hereby incorporated into this Appendix.
3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A and B, attached hereto and incorporated herein by this reference.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
[MEMBER AGENCY]
By: _____________________________
[Insert Name, Insert Title]
APPROVED AS TO FORM
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
City Clerk
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EXHIBIT “A”
SCOPE OF SERVICES
Understanding of the Project
It is our understanding that WRCOG is seeking a qualified firm to provide Streetlight Operation & Maintenance Services. The selected service company will be responsible for providing a continuing, comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor will help reduce complaints, promote safety, and proactively extend the longevity of the Member Agencies streetlight equipment, thus reducing the overall operating cost.
We understand that the general Scope of Work to be done consists of scheduled and unscheduled repairs to the Member Agencies streetlight systems. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of WRCOG’s streetlight systems, as outlined in the Scope of Work and in compliance with current Member Agency and State standards.
Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that they are in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to assess and correct the reported problem. Once the problem is corrected, the technician will inform our WRCOG representative of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with WRCOG staff and work towards achieving common goals set forth through that partnership. We realize that this is an everevolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for WRCOG.
Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and other operational equipment related issues.
Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of the streetlight system (36,231poles & 36,554 luminaires):
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Customer Service – Provide and administer a customer service center including, at a minimum, a toll-free phone number and website to allow WRCOG and the public to report any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date summary of current and completed tasks. Yunex will use and provide an Online Maintenance System with free access to designated WRCOG staff members. The entire online system will be a real-time system. System functionality will include but not be limited to the following items:
• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or added to the streetlight system.
Reports - Monthly and quarterly streetlight system reviews and reports, including outage/failure rate, knockdowns, and suggested repairs.
Meetings – Coordinate and attend regular meetings to review outstanding issues and work orders, including discussion of any billing or contract management issues.
Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as coordinate with WRCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.
Traffic Control – Employees are trained and certified in temporary traffic control measures, which are compliant with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).
Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment (smart nodes, detection devices, etc.)
Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed pole/luminaire arm, remove from location, and clean up all debris.
Streetlight Pole Replacement - Replacement poles will be replaced within 14 business days of reporting.
Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys will be conducted of all Member Agency owned streetlights to identify any streetlights that are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report to the Member Agency of all system activity, condition, issues found, and planned or completed repairs. The report will include the nearest street address and pole number.
Nighttime Lighting Surveys will be completed quarterly. -23 of 30-
Annual Painting of Metal Poles – Provide metal pole painting based upon Member Agency approval.
LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will occur within three (3) business days from notification of Yunex by Member Agency. If the cause of failure is covered under manufacture warranty, Yunex will be responsible for warranty management of defective LED fixtures which includes all aspects related to standard warranty practices. Yunex will notify the Member Agency of any undue delays in response due to the manufacturer.
LED Retrofit & Pole Tagging – Provide LED retrofit and/or pole identification tag installation services for cobra head and/or decorative streetlights.
Removal and Disposal – Provide removal and disposal
services of all damaged/discarded materials. Disposal
services will follow the California Recycle and Disposal Laws.
Furnish and Install House-Side Shields – Provide and install house-side shields when requested to do so by any Member Agency.
Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the City of Riverside, which is within minutes of each Member Agency. We have been utilizing this location to service this contract since being awarded this contract.
Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and regulations regarding the Scope of Work, and follows wage and labor laws, OSHA requirements, and appropriate safety measures.
Troubleshooting – Diagnose and repair any Member Agency owned inoperable streetlights. Repairs will be completed within three (3) working days or less.
Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles, luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole covers, electrical services, pole identification tags, and other electrical components.
Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.
The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
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o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:
USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of Member Agency staff for the marking and protection of streetlight underground facilities such as electrical conduits, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.
Our own in-house technicians are equipped and certified with the proper locating devices provided by Metrotech.
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On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.
SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used.
SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it is a repeated call out or duplicate order.
Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.
Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work. -26 of 30-
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.) -27 of 30-
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order. -28 of 30-
EXHIBIT “B”
COMPENSATION
BILLING RATES
Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for LED streetlight fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832 streetlights belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain the decorative fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for Decorative LED fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399 decorative fixtures belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis) 3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. This price is based on installing one (1) pole tag. If multiple pole tags are grouped together, in the same member agency, a lower price could be provided.
Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an existing LED fixture, excluding the cost of the actual shield. Material will be charged at cost plus the markup listed below.
Each $67.00
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7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid.
Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs include labor, equipment and materials needed to complete each individual abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.
Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process.
Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that 10 poles would be scheduled for painting as a group, annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes the following: Our technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100-150 linear ft per call out.
Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time 14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm. Overtime Hours are Monday through Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours. Premium Hours are Monday through Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00
Material Markup
Item # Item Description Unit %
21 Material Markup % 15%
Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer Price Index to calculate annual escalations.
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APPENDIX 4
CITY OF LAKE ELSINORE
This Appendix 4 to Agreement (“Appendix”) by and between WRCOG, Consultant, and CITY OF LAKE ELSINORE ("Member Agency") is made and entered into this _____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred to herein as Parties.
1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated October 2, 2023, with the exception of the term Member Agency, which for the purposes of this Appendix will refer to the City of Lake Elsinore only.
2. Agreement Incorporated. The terms and provisions of the Agreement are hereby incorporated into this Appendix.
3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A and B, attached hereto and incorporated herein by this reference.
WESTERN RIVERSIDE COUNCIL Yunex, LLC
OF GOVERNMENTS
By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________
APPROVED AS TO FORM: ATTEST:
By: ________________________________ By: _________________________ General Counsel Its: _________________________
Best Best & Krieger LLP
CITY OF LAKE ELSINORE
By: _____________________________
Jason Simpson, City Manager
APPROVED AS TO FORM
By: _____________________________
City Attorney
ATTEST:
By: _____________________________
City Clerk
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Exhibit “A”
EXHIBIT “A”
SCOPE OF SERVICES
Understanding of the Project
It is our understanding that WRCOG is seeking a qualified firm to provide Streetlight Operation & Maintenance Services. The selected service company will be responsible for providing a continuing, comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor will help reduce complaints, promote safety, and proactively extend the longevity of the Member Agencies streetlight equipment, thus reducing the overall operating cost.
We understand that the general Scope of Work to be done consists of scheduled and unscheduled repairs to the Member Agencies streetlight systems. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of WRCOG’s streetlight systems, as outlined in the Scope of Work and in compliance with current Member Agency and State standards.
Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.
Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that they are in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to assess and correct the reported problem. Once the problem is corrected, the technician will inform our WRCOG representative of the repair actions.
Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with WRCOG staff and work towards achieving common goals set forth through that partnership. We realize that this is an everevolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for WRCOG.
Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and other operational equipment related issues.
Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of -3 of 10-
Exhibit “A”
the streetlight system (36,231poles & 36,554 luminaires):
Customer Service – Provide and administer a customer service center including, at a minimum, a toll-free phone number and website to allow WRCOG and the public to report any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date summary of current and completed tasks. Yunex will use and provide an Online Maintenance System with free access to designated WRCOG staff members. The entire online system will be a real-time system. System functionality will include but not be limited to the following items:
• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or added to the streetlight system.
Reports - Monthly and quarterly streetlight system reviews and reports, including outage/failure rate, knockdowns, and suggested repairs.
Meetings – Coordinate and attend regular meetings to review outstanding issues and work orders, including discussion of any billing or contract management issues.
Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as coordinate with WRCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.
Traffic Control – Employees are trained and certified in temporary traffic control measures, which are compliant with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).
Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment (smart nodes, detection devices, etc.)
Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed pole/luminaire arm, remove from location, and clean up all debris.
Streetlight Pole Replacement - Replacement poles will be replaced within 14 business days of reporting.
Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys will be conducted of all Member Agency owned streetlights to identify any streetlights that are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report to the Member Agency of all system activity, condition, issues found, and planned or completed repairs. The report will include the nearest street address and pole number.
Nighttime Lighting Surveys will be completed quarterly. -4 of 10-
Exhibit “A”
Annual Painting of Metal Poles – Provide metal pole painting based upon Member Agency approval.
LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will occur within three (3) business days from notification of Yunex by Member Agency. If the cause of failure is covered under manufacture warranty, Yunex will be responsible for warranty management of defective LED fixtures which includes all aspects related to standard warranty practices. Yunex will notify the Member Agency of any undue delays in response due to the manufacturer.
LED Retrofit & Pole Tagging – Provide LED retrofit and/or pole identification tag installation services for cobra head and/or decorative streetlights.
Removal and Disposal – Provide removal and disposal
services of all damaged/discarded materials. Disposal
services will follow the California Recycle and Disposal Laws.
Furnish and Install House-Side Shields – Provide and install house-side shields when requested to do so by any Member Agency.
Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the City of Riverside, which is within minutes of each Member Agency. We have been utilizing this location to service this contract since being awarded this contract.
Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and regulations regarding the Scope of Work, and follows wage and labor laws, OSHA requirements, and appropriate safety measures.
Troubleshooting – Diagnose and repair any Member Agency owned inoperable streetlights. Repairs will be completed within three (3) working days or less.
Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles, luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole covers, electrical services, pole identification tags, and other electrical components.
Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.
The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
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Exhibit “A”
o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:
USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of Member Agency staff for the marking and protection of streetlight underground facilities such as electrical conduits, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.
Our own in-house technicians are equipped and certified with the proper locating devices provided by Metrotech.
-6 of 10-
Exhibit “A”
On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.
SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used.
SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.
When creating a new service request, the SBP will query the location history and will flag the order if it is a repeated call out or duplicate order.
Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.
The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.
Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work. -7 of 10-
Exhibit “A”
Customer Portal
The SBP Customer Portal gives our customers access to:
Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.) -8 of 10-
Exhibit “A”
Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order. -9 of 10-
Exhibit “B”
EXHIBIT “B”
COMPENSATION
BILLING RATES
Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for LED streetlight fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832 streetlights belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain the decorative fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for Decorative LED fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399 decorative fixtures belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.
Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis) 3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.
The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.
Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. This price is based on installing one (1) pole tag. If multiple pole tags are grouped together, in the same member agency, a lower price could be provided.
Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an existing LED fixture, excluding the cost of the actual shield. Material will be charged at cost plus the markup listed below.
Each $67.00
-10 of 10-
Exhibit “B”
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.
Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid.
Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs include labor, equipment and materials needed to complete each individual abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.
Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process.
Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that 10 poles would be scheduled for painting as a group, annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes the following: Our technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100-150 linear ft per call out.
Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time 14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00
Regular, Overtime, and Premium time explanation:
Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm. Overtime Hours are Monday through Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours. Premium Hours are Monday through Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.
Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00
Material Markup
Item # Item Description Unit %
21 Material Markup % 15%
Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer Price Index to calculate annual escalations.
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: November 14, 2023
Subject: Minutes of the Regular Successor Agency Meeting of October 24, 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
Brian Tisdale, Council Member
Timothy J. Sheridan, Council Member
Robert E. Magee, Council Member
Jason Simpson, City Manager
Meeting Date:
October 24, 2023
Closed Session: 6:00 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Regular Meeting of the City Council was called to order at 6:00 p.m.
ROLL CALL
Present: 5 - Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Absent: 0 - None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
CLOSED SESSION - 6:00 P.M.
A. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
RECESS
The City Council Recessed into Closed Session at 6:01 p.m.
RECONVENE/CALL TO ORDER
The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Council Member Tisdale led the Pledge of Allegiance.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 2
MOMENT OF SILENCE
ROLL CALL
Present: 5 - Council/Agency Members Tisdale, Sheridan, and Magee; Mayor Pro Tem/Vice Chair Manos; and Mayor/Chair Johnson
Absent: 0 - None
CLOSED SESSION REPORT
City Attorney Leibold reported that one item was discussed; however, no reportable action was taken.
PRESENTATIONS/CEREMONIALS
1) Elsinore Valley Municipal Water District Proposed Sewer and Water Shortage Surcharges
Receive a presentation by EVMWD.
Christina Henry, Director of Community Relations, provided a presentation. 2) Calfire 2023 Third Quarter Statistical Update
Chief Olson presented the update.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
There were no speakers.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Magee, seconded by Mayor Pro Tem Manos to approve the City Council Consent Calendar with Item No. 10 being removed for discussion and Council Member Magee voting in opposition to Item No. 16. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
3) Minutes of the Regular City Council Meeting of October 10, 2023 Approve the Minutes.
This item was approved on the City Council Consent Calendar. 4) CC Warrant Report Dated September 08, 2023 to September 21, 2023 Receive and File.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 3
5) CC Warrant Report Dated September 22, 2023 to September 28, 2023 Receive and File.
This item was approved on the City Council Consent Calendar. 6) Second Reading of an Ordinance Approving Amendments to Title 17 of the Lake Elsinore Municipal Code Related to Density Bonuses and Adding a No Net Loss Program
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENTS TO TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE RELATED TO DENSITY BONUSES AND ADDING A NO NET LOSS PROGRAM.
This item was approved on the City Council Consent Calendar. 7) Annexation No. 20 into Community Facilities District No. 2015-2 (Maintenance Services) for TR28214-9 (Alberhill)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 20) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar. 8) Annexation No. 21 Into Community Facilities District No. 2015-2 (Maintenance Services) for Bld-2023-0026B (Lake Storage)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 21) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
This item was approved on the City Council Consent Calendar. 9) Lease Agreement with Palms Park, LLC for an Approximately 3,000 Square Foot Office Building Located at 301 North Spring Street
Approve and authorize the City Manager to finalize and execute a 2-year lease agreement with Palms Park, LLC for an approximately 3,000 square foot office building located at 301 North Spring Street to temporarily house the Planning Department, Building and Safety Department, and Economic Development Office during construction of a new City Hall Facility in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 4
10) Authorize the Design and Installation of the Security and Data System in the Emergency Operations Center Building Project (CIP Project #Z20036)
1. Waive Competitive Bidding Procedures pursuant to Section 3.08.070(G) of the Lake Elsinore Municipal Code based on the system benefits outlined in the staff report, including the fact that the design and installation of the security and data system services are available through the City’s previously selected provider ensuring compatibility, efficiency and cost savings; and,
2. Award a Public Works construction agreement to AK Security Alarm LLC for the design and installation of the security and data system Emergency Operation Center (EOC) Building Project (CIP Project #Z20036); and
3. Approve and authorize the City Manager to execute the agreement for a not-toexceed amount of $170,000.00 with AK Security Alarm LLC in the form attached, and in such final form as approved by the City Attorney; and,
4. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $17,000.00 for construction uncertainties and adjustments.
This item was removed from the City Council Consent Calendar for discussion. 11) Professional Services Agreement with Dustin Thompson Photography for Videography and Photography at Various City Events and Programs Approve and authorize the City Manager to execute an agreement/contract with Dustin Thompson in an amount not to exceed $90,000 for videography and photography services in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $9,000 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar. 12) Professional Services Agreement with M & J Paul Enterprises, Inc. (dba Jolly Jumps)
Approve and authorize the City Manager to execute an agreement/contract with M & J Paul Enterprises, Inc. (dba Jolly Jumps) in an amount not to exceed $125,000 ($25,000 per year) for event services and amusements in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency of $12,500 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 5
13) Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping - CIP Project Z10081 Authorize the City Manager to execute the Final Contract Change Order to the Public Works Construction Agreement with Aneen Construction Inc., for $170,967.76, for Change Order No. 1 Kellogg Improvements and Change Order No. 2 Graham and Heald Improvements along with contract overages for the Downtown SB-821 Curb, Gutter and Sidewalk and Sumner Avenue Signing and Striping Project, in final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar. 14) Final Change Order to the Public Works Construction Agreement with Hardy & Harper Inc. for the Auto Center Drive Pavement Rehabilitation Project - Cip Z10096
Authorize the City Manager to execute the Final Change Order to the Public Works Construction Agreement for contract overages for the Auto Center Drive Pavement Rehabilitation, in the amount of $8,070.40, with Hardy & Harper Inc., in final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar. 15) Amendment to TUMF Reimbursement Agreements for I-15 Franklin Street Interchange Improvement Project and I-15 SR-74 Interchange Improvement Project
Approve and authorize the Mayor to execute amended agreements with Western Riverside Council of Governments (WRCOG) to reimburse funds for the Interstate 15 Franklin Street Interchange Improvement Project and Interstate 15 State Route 74 Interchange Improvement Project.
This item was approved on the City Council Consent Calendar. 16) Construction Support Services for Transportation Art Fabrication and Installation at I-15 Railroad Canyon Road Interchange and I-15 Main Street Interchange
Approve and authorize the City Manager to execute a Professional Services Agreement with David Evans and Associates, Inc. in the amount of $31,020 plus an additional 15% in contingency in final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
Aye: 4 Council Members Tisdale and Sheridan, Mayor Pro Tem Manos; and Mayor Johnson
Nay: 1 Council Member Magee
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 6
17) Acquisition of City Fleet Vehicles
1. Approve and authorize the City Manager to execute a Purchase Order with Aaron Chevrolet in an amount not to exceed $214,399.57 for the purchase of three (3) City Fleet Vehicles in such final form as approved by the City Attorney: and authorize the City Manager to execute change orders not exceeding a 10% contingency of $21,439.00 for uncertainties and adjustments; and
2. Approve and authorize the City Manager to execute a Purchase Order with Diamond Chevrolet in an amount not to exceed $153,105.18 for the purchase of three (3) City Fleet Vehicles in such final form as approved by the City Attorney:
and authorize the City Manager to execute change orders not exceeding a 10% contingency of $15,310.00 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar. 18) Purchase of 32 LED Lighting System for the Levee Walking Path Trail Approve and authorize the City Manager to execute a Purchase Order with Holophane for 32 LED Lighting Systems for the Levee Walking Path Trail in an amount not to exceed $197,278.60 in such final form approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $19,727.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar. 19) Resolutions Fixing of the Employer Contribution Under the Public Employees Medical and Hospital Care Act (PEMHCA) at an Equal Amount for Employees and Retirees
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS (CalPERS); and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, FIXING THE EMPLOYER CONTRIBUTION UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS (NON CalPERS).
This item was approved on the City Council Consent Calendar. 20) Agreement with Southwest Lift & Equipment, Inc., for Inspection and Service of Hydraulic Lifts
Approve and authorize the City Manager to execute the Contractor Services Agreement with Southwest Lift & Equipment, Inc., for On-Call Inspection and Service of Hydraulic Lifts in an amount not to exceed $15,000.00 per Fiscal Year for a term of three (3) years in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not to exceed a 10% contingency of $1,500.00 for unanticipated costs.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 7
21) Change Order No. 1 to the Professional Services Agreement with STK Architecture, Inc. for Architectural Services for City Hall Facility Approve and authorize the City Manager to execute the Change Order to the Professional Services Agreement for architecture services related to the schematic design phase, design development phase, and construction document phase for the new City Hall Facility in an amount not to exceed $389,480.00 with STK Architecture, Inc.
This item was approved on the City Council Consent Calendar.
ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION 10) Authorize the Design and Installation of the Security and Data System in the Emergency Operations Center Building Project (CIP Project #Z20036)
1. Waive Competitive Bidding Procedures pursuant to Section 3.08.070(G) of the Lake Elsinore Municipal Code based on the system benefits outlined in the staff report, including the fact that the design and installation of the security and data system services are available through the City’s previously selected provider ensuring compatibility, efficiency and cost savings;
2. Award a Public Works construction agreement to AK Security Alarm LLC for the design and installation of the security and data system Emergency Operation Center (EOC) Building Project (CIP Project #Z20036);
3. Approve and authorize the City Manager to execute the agreement for a not-toexceed amount of $170,000.00 with AK Security Alarm LLC in the form attached, and in such final form as approved by the City Attorney; and
4. Authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $17,000.00 for construction uncertainties and adjustments.
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to approve staff’s recommendations. The motion carried by the following vote:
Aye: 5 Council Member Tisdale, Council Member Sheridan, Council Member Magee, Mayor Pro Tem Manos, Mayor Johnson
Nay: 0 None
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Magee, seconded by Agency Member Tisdale to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Tisdale, Sheridan, and Magee; Vice Chair Manos; and Chair Johnson
Nay: 0 None
22) Minutes of the Regular Successor Agency Meeting of October 10, 2023 Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 8
23) SA Warrant Report Dated September 08, 2023 to September 21, 2023 Receive and File.
This item was approved on the Successor Agency Consent Calendar. 24) SA Warrant Report Dated September 22, 2023 to September 28, 2023 Receive and File.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC HEARINGS
25) Public Hearing and Election for Annexation Proceedings for Annexation No. 14 into Community Facilities District No. 2015-1 (Safety Services)
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY
SERVICES), ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN; and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2015-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE OCTOBER 24, 2023 ANNEXATION AND SPECIAL TAX ELECTIONS.
The Public Hearing was opened at 7:23 p.m.
There were no speakers.
A motion was made by Council Member Tisdale, seconded by Mayor Pro Tem Manos to continue the item to November 14, 2023. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
26) Public Hearing and Election for Annexation Proceedings for Annexation No. 19 into Community Facilities District No. 2015-2 (Maintenance Services) for Coastal Mission Trails
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CALIFORNIA, CALLING AN ELECTION TO SUBMIT
TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL
TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
(ANNEXATION NO. 19);
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 9
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ELECTION RESULTS FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 19); and
The Public Hearing was opened at 7:28 p.m.
There were no speakers.
A motion was made by Mayor Pro Tem Manos, seconded by Council Member Tisdale to continue the item to November 14, 2023. The motion carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
27) Establishment of Community Facilities District No. 2023-2 of the City of Lake Elsinore (Coastal Mission Trails)
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS);
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CERTIFYING ELECTION RESULTS FOR
COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS); and
4. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING
THE LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2023-2 OF THE CITY OF LAKE ELSINORE (COASTAL MISSION TRAILS).
The Public Hearing was opened at 7:28 p.m.
There were no speakers.
A motion was made by Council Member Sheridan, seconded by Mayor Pro Tem Manos to continue the item to November 14, 2023. The motion Carried by the following vote:
Aye: 5 Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor Johnson
Nay: 0 None
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 10
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
CITY MANAGER'S COMMENTS
City Manager Simpson shared an update that a new Library will be built in the City due to being awarded a grant.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on October 2, 2023, the Northwest Mosquito and Vector Control District Board meeting on October 19, 2023, and the Veterans Affairs and Programs meeting; invited veterans to attend the Veterans Expo on Thursday, November 2, 2023 from 10:00 a.m. – 2:00 p.m. at Monteleone Meadows in Murrieta hosted by Senator Seyarto and the Operation Green Light for Veterans Ceremony on Tuesday, November 7, 2023 at 5:30 p.m. in front of the CAC building in Riverside hosted by Supervisors Spiegel and Washington; announced a virtual veterans job fair on November 8, 2023 from 11:30 a.m. – 1:00 p.m.; invited the community to attend the Veterans Day Observance Ceremony on Saturday, November 11, 2023 at 9:00 a.m. at Diamond Stadium; and invited residents to join A.R.I.S.E. for a costume party on October 27, 2023 at 6:00 p.m. at the Senior Center.
Council Member Sheridan congratulated Mayor Johnson on a successful State of the City; shared his attendance at the Opheliatrics at the Music Hall show; invited the community to attend the Halloween Festival October 27-29, 2023 at Diamond Stadium; shared his experience at the Lake Elsinore Thunder v. Jurupa Valley Steelers football game on October 21, 2023; and noted his participation in the Michelle’s Place Walk on October 22, 2023.
Council Member Magee reported on his attendance at the Lake Elsinore & San Jacinto Watershed Authority (LESJWA) Committee meeting on October 19, 2023; invited the community to attend the Animal Friends of the Valleys’ Spooktacular Paws on the Promenade event on October 28, 2023 from 10:00 a.m. – 1:00 p.m. at the Temecula Promenade; and announced that the Lake Elsinore Grand Prix is returning November 10-12, 2023 at the Lake Elsinore Motorsports Park.
Mayor Pro Tem Manos reported on his attendance at the Riverside County Airport Land Use Commission meeting on October 12, 2023; shared his participation in the Elsinore Valley Municipal Water District Wastewater Facility groundbreaking ceremony on October 12, 2023; invited residents to participate in the For the Kids Poker Tournament on October 17, 2023 at 6:30 p.m. at the Lake Elsinore Casino; shared his participation in Tuscany Hills Walk to School Day on October 18, 2023; and shared photos from the 2023 Future Leaders Program which is currently underway.
City Council Minutes - Draft October 24, 2023
City of Lake Elsinore Page 11
Mayor Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on October 2, 2023; provided updates from the Homeless Task Force and The Anchor; shared the dedication of CHP Sergeant Steven L. Licon Memorial Highway on October 11, 2023; shared her attendance at Assemblyman Bill Essayli’s District Office grand opening on October 12, 2023; shared photos from the Trunk or Treat event that was held on Saturday, October 14, 2023; shared her attendance at the Trauma Intervention Programs Heroes with Heart 16th Annual Awards Dinner and Fundraiser on October 21, 2023; invited the community to attend the Elsinore Halloween baseball and softball game on October 25, 2023 at 5:30 p.m. at Elsinore High School; and invited the community to join Elsinore Valley Municipal Water District for a gathering to recognize Director Philip R. Williams’ legacy with the renaming of their administration building on Thursday, November 2, 2023 at 9:00 a.m.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:01 p.m. to the next Regular meeting of Tuesday, November 14, 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 THE SUCCESSOR AGENCY 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: November 14, 2023
Subject: SA Warrant Report Dated September 29, 2023 to October 05, 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 abovementioned period.
Attachments
Attachment 1 - SA Warrant Summary
Attachment 2 - SA Warrant Listing
SEP 29, 2023 TO OCT 05, 2023 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III $ -
540 SARDA DIAMOND STADIUM 1,658.64
GRAND TOTAL $ 1,658.64
Attachment 1 1 of 1
SEP 29, 2023 TO OCT 05, 2023 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA24000845 SOUTHERN CALIFORNIA EDISON $ 98.64
APA24000796 AMBER AIR CONDITIONING $ 1,560.00
GRAND TOTAL $ 1,658.64
Attachment 2 1 OF 1
REPORT TO CITY COUNCIL
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, City Manager
Prepared by: Shannon Buckley, Assistant City Manager
Date: November 14, 2023
Subject: SA Warrant Report Dated October 06, 2023 to October 19, 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 abovementioned period.
Attachments
Attachment 1 - SA Warrant Summary
Attachment 2 - SA Warrant Listing
OCT 06, 2023 TO OCT 19, 2023 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III $ 4,000.00
540 SARDA DIAMOND STADIUM 128,366.85
GRAND TOTAL $ 132,366.85
Attachment 1 1 of 1
OCT 06, 2023 TO OCT 19, 2023 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
143562 WILMINGTON TRUST $ 4,000.00
5960 AK SECURITY ALARM $ 9,532.51
APA24000976 LAKE ELSINORE STORM $ 96,784.25
APA24000934 AZTECA CLEANING SERVICES $ 700.00
APA24000966 GOLDEN STATE CONCESSIONS $ 16,104.18
APA24000948 CED LAGUNA $ 5,245.91
GRAND TOTAL $ 132,366.85
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, Assistant Community Development Director Date: November 14, 2023
Subject: Planning Application No. 2022-03 (Mission Trail at Lemon) – A Request for Approval of Tentative Tract Map No. 38378 to Subdivide an approximately
17.21-acre Site into One (1) Lot for Condominium Purposes and Residential Design Review to Construct 191 Detached Condominium Residences within the East Lake Specific Plan
Applicant: Brett Crowder, Coastal Commercial Properties Recommendation
1. Find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Implementing Specific Plans);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2022-03 (TENTATIVE TRACT MAP NO. 38378 AND RESIDENTIAL DESIGN REVIEW NO. 2022-02)
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. 38378 TO SUBDIVIDE AN APPROXIMATELY 17.21-ACRE SITE INTO ONE LOT AND 191 RESIDENTIAL UNITS FOR CONDOMINIUM PURPOSES LOCATED IN APNS: 370-050-019, 370-050-020, AND 370- 050-032; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2022-02 PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS FOR 191 TWO-STORY DETACHED CONDOMINIUM RESIDENTIAL UNITS IN LOCATED APNS: 370-050-019, 370- 050-020, AND 370-050-032.
PA 2022-03 (Mission Trail at Lemon)
Planning Commission Action
On October 17, 2023, the Planning Commission conducted a duly noticed Public Hearing and recommended approval of the project to the City Council with a 5-0 vote. Only the applicant attended the hearing. No one spoke in opposition to the project.
Project Location
The project site located adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north within the East Lake Specific Plan. The project site encompasses Assessor Parcel Numbers (APNs) 370-050-019, 370-050-020, and 370-050-030.
Environmental Setting
EXISTING USE GENERAL PLAN ZONING
Project
Site Vacant East Lake Specific Plan (ELSP)
ELSP - Action Sports, Tourism,
Commercial and Recreation with a
Mixed Use Overlay
North Vacant East Lake Specific Plan (ELSP)
ELSP - Action Sports, Tourism,
Commercial and Recreation with a
Mixed Use Overlay
South Vacant East Lake Specific Plan (ELSP)
ELSP - Action Sports, Tourism,
Commercial and Recreation with a
Mixed Use Overlay
East
Light industrial,
commercial,
and residential
City of Wildomar – Commercial
Retail (CR) and Medium High
Density Residential (MHDR)
City of Wildomar – C-1/C-P and
Rural Residential (R-R)
West
Lake Elsinore
Motor Sport
Park
East Lake Specific Plan (ELSP)
ELSP - Action Sports, Tourism,
Commercial and Recreation with a
Light Industrial Overlay
Project Description
Planning Application No. 2022-03 (Mission Trail at Lemon) consists of applications for Tentative Tract Map No. 38378 to subdivide an approximately 17.21-acre site into one approximately 16.93- acre lot for condominium purposes (0.28-acre right-of-way dedication) and Residential Design Review No. 2022-02 to construct 191 detached condominium residences and associated improvements within the East Lake Specific Plan. The proposed buildings feature seven (7) twostory floor plans ranging in size from 1,323 sq. ft. to 2,146 sq. ft. and three (3) architectural styles (French Country, Santa Barbara and Modern Farmhouse).
Below is a description of the project design aspects and features, including site design, floor plans, architectural design and conceptual wall and fence plans.
PA 2022-03 (Mission Trail at Lemon)
Site Design
The buildings will be arranged in a clustered manner with regular spacing along a 26'-0" wide, two-lane private loop street. Each building will be served by a 24'-0" wide shared drive aisle serving up to six (6) units or eight (8) units per cluster. The attached design review package shows the typical clustering layout as well as the parking and circulation plan for the project. The site will feature two (2) common open space areas with amenities. Private open space areas will be provided adjacent to the residences between buildings and in required yards along rear and side property lines.
Floor Plans
Each building will be either rectangular or roughly “L”-shaped in plan. Each unit will contain a twocar garage, interior laundry facilities, common living areas, and a private patio. Seven floor plans are proposed as specified below:
6-Plex Cluster
Plan 1: Two-story, 1,631 square-foot unit with 3 bedrooms, 2.5 bathrooms, 2-car garage Plan 2: Two-story, 1,779 square-foot unit with 3 bedrooms, 2 bathrooms, 2-car garage Plan 3: Two-story, 2,146 square-foot unit with 5 bedrooms, 4 bathrooms, 2-car garage 8-Plex Cluster
Plan 1: Two-story, 1,323 square-foot unit with 3 bedrooms, 2 bathrooms, 2-car garage Plan 2: Two-story, 1,599 square-foot unit with 3 bedrooms, 2.5 bathrooms, 2-car garage Plan 3: Two-story, 1,756 square-foot unit with 3 bedrooms, 2.5 bathrooms, 2-car garage Plan 4: Two-story, 1,918 square-foot unit with 4 bedrooms, 4 bathrooms, 2-car garage A sufficient mix and variation of plans will be provided throughout the development as depicted in the site plan.
Architectural Design
Three distinct architectural styles are proposed and are generally characterized as follows:
• French Country elevations feature a dark composite tile gabled roof, tan or white stucco siding, accent wood siding, metallic railing, window shutters, and stone wainscoting. • Santa Barbara elevations feature a red composite tile varied gable and hipped roof, tan or white stucco siding, metallic railing, window shutters, accent tiles, and stone wainscoting. • Modern Farmhouse elevations feature a dark composite tile gabled roof, tan or white stucco siding, accent siding, metallic railing, window shutters and stone wainscoting.
The architectural styles will be evenly distributed throughout the development as depicted in the site plan. In addition, enhanced architectural treatments will be provided on all elevations including those that are visible from common areas and the public right-of-way.
PA 2022-03 (Mission Trail at Lemon)
Recreation and Open Space
The project includes the development of two (2) recreation and open space areas totaling 49,044 sq. ft. on site that would include playground equipment, pool/spa, barbeque area, overhead trellis, turf areas, seating, sidewalks, restrooms, drinking fountains, showers, bocce ball court, fitness equipment, shade structures, table, and chairs.
Landscaping
Landscaping proposed as part of the project would consist of ornamental trees, vines, shrubs, and groundcovers throughout the common areas of the development, such as along roadways, common walls, site boundary, and the open space/recreation areas. Trees would be installed along the proposed sidewalks throughout the project site and along Mission Trail. The entrance to the project site would have a landscaped median and decorative landscaping. The proposed landscaping plan has been designed to complement the different architectural styles and to conform to the water efficiency standards under Chapter 19.08 of the Lake Elsinore Municipal Code (LEMC).
Conceptual Wall and Fence Plan
The project proposes 6-foot-high concrete masonry unit walls along the north, south, and east sides of the site. An 8-foot-high concrete masonry unit wall will be constructed along the western boundary of the site that is adjacent to the Motorsports Park. Pedestrian and vehicular entry gates would be 6-foot-high metal rolling security gates at the project driveway at Mission Trail.
Residences and private exterior spaces would be separated by rear and side yard 6-foot-high vinyl fences.
Noise
To reduce the noise from the adjacent Motocross Track, the project will construct an 8-foot-high concrete masonry wall. The project will also be required to implement the following noise abatement design features to ensure that interior noise levels meet or exceed the 45 dBA CNEL interior noise level requirements:
• Windows & Glass Doors: Windows and glass doors would be well-fitted, well-weatherstripped assemblies and shall have minimum sound transmission class (STC) ratings of 35 for residences located along the western property line, and STC ratings of 29 for residences along the northern, eastern, and southern property lines. • Exterior Doors: All exterior doors facing the project site property lines (facing offsite land uses) would be well-fitted, well-weather stripped, and have minimum STC ratings of 29. • Walls: At any penetrations of exterior walls by pipes, ducts, or conduits, the space between the wall and pipes, ducts, or conduits would be caulked or filled with mortar to form an airtight seal. All exterior wall assemblies facing the Motorsports Park shall have a minimum PA 2022-03 (Mission Trail at Lemon)
STC rating of 35 and all exterior wall assemblies along the northern, eastern, and southern property lines facing offsite land uses shall have a minimum STC rating of 29. • Roof: Roof sheathing of wood construction shall be per manufacturer’s specification or caulked plywood of at least one-half inch thick. Insulation with at least a rating of R-19 shall be used in the attic space.
• Ceilings: Ceilings shall be per manufacturer’s specification or constructed of well-sealed gypsum board of at least one-half inch thick.
Additionally, the applicant is required to provide all prospective home buyers and home owners a written disclosure statement identifying that the project is located within an active recreation area.
Said written disclosure statements would indicate that such recreation activities will include, but are not limited to, noise impacts, excessive lighting, and dust (COA No. 14).
Parking
The proposed project would provide garage, driveway, and open guest parking. Each residence would have a two-car garage resulting in 383 total garage parking spaces. The project would also provide 196 driveway spaces and 135 open common parking spaces. In total the project would provide 713 spaces. Driveways in the proposed community are 19 ft. in length.
To ensure that parking occurs on approved and developed parking spaces, the developer is required to include restrictions in the Covenants, Conditions and Restrictions (CC&Rs). Such restriction would include requiring homeowners to park their vehicles in their garages or driveways (where applicable) and requiring an on-street parking permit for additional vehicles (COA No. 20).
Furthermore, a condition of approval has been added to require the developer to install signage restricting vehicular parking along Mission Trail (COA No. 88).
Street Improvements
Mission Trail is classified as an Urban Arterial Highway in the General Plan, where full-width is 120 feet and curb-to-curb width is 96 feet. The applicant is required to dedicate right-of-way for Mission Trail adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Street improvements on Mission Trail include widened section of new AC pavement and base material, curb and gutter, sidewalks, parkway landscaping, utility relocations, signage relocations, modifying traffic signals as required on Mission Trail and Lemon Street, and streetlights.
Analysis
The project site is located within Planning Area 2 of the East Lake Specific Plan (ELSP) and has an Action Sports, Tourism, Commercial and Recreation Land Use Designation with a Mixed-Use Overlay. The Mixed-Use overlay offers an option to develop residential and commercial uses in addition to those uses described in the Action Sports, Tourism, Commercial, and Recreation land use designation. Per Table 2-12 (Mixed Use Overlay – Allowable Land Uses) of the ELSP, PA 2022-03 (Mission Trail at Lemon)
Condominiums are listed as permitted uses. Table 2-13 (Mixed Use Overlay Development Standards) allows Detached Multiple-Family Cluster Residential Only Development with a density up to 18 Dwelling Units per Net Acre (du/ac). The application proposes to construct 191 two-story detached condominium residential units on an approximately 16.93 net acre parcel at an approximate density of 11.3 du/ac. The proposed multi-family residential development is consistent with the land use goals and policies of the ELSP. The project is also consistent with the General Plan because the ELSP was found to be consistent with the General Plan at adoption.
Staff has reviewed the submitted development plans for compliance with the Mixed-Use Overlay development standards and regulations of Table 2-13 for Detached Multiple-Family Cluster Residential Only Development of the ELSP. The proposed development conforms to applicable standards as shown in the below table.
ELSP Development Standards Required Proposed
Density Up to 18 du/ac 11.3 du/ac
Lot Area Minimum (sq. ft.) No Minimum 737,906 sq. ft.
Minimum Lot Width No Minimum n/a
Setbacks (ft.):
Front – Living Area to Public
Street 10 10’
Front – Living Area to
Private Drive 10 10' min – 19’ max
Front – Porch 10 10' min – 13’ max
Front – Garage, Straight-in
Drive 18 19’ min – 24 max
Front – Garage, Side Entry 10 10’ min – 19’ max
Front – Rear Alley/Street
Loaded Garage 5 n/a
Side – Main Dwelling 5 8’ min -20‘ max
Side – Garage 5 8’ min -20‘ max
Rear 10 20’ min -20‘ max
Rear – Alley/Street Loaded
Garage 18 n/a
Corner Side – Public
Street 10 10’ min – 10’ max
Corner Side – Private
Street 10 10’ min – 10’ max
Separation Between Buildings (ft.)
Garage Face to Garage
Face 28 30’ min – 35’ max
Bldg. Front to Bldg. Front 10 30’ min – 35’ max
Bldg. Front to Bldg. Side 8 43’ min – 74’ max
Bldg. Front to Bldg. Rear
15 for one-story building,
plus 5 additional feet for
each additional story 88’ min – 89.5’ max
PA 2022-03 (Mission Trail at Lemon)
Bldg. Side to Side 8 8’ min – 20’ max
Bldg. Side to Rear 8 8’ min – 23’ max
Bldg. Rear to Rear 15 for one-story building,
plus 5 additional feet for
each additional story 20’ in – 23’ max
Lot Coverage (%) 70 42%
Building Height 40’ max. 27'-0" max.
Parking
382 Covered, & 382 Private
Driveway and/or 191 OnStreet
Total: 713
Covered Spaces (Garage):
382
Total Open Spaces: 331
(196 Private Drive Way &
135 On-Street)
Shared driveway access into dwelling unit cluster
Building heights up to 25
feet 26 feet minimum width n/a
Building heights greater
than 25 feet
30 feet with no onstreet/alley parking allowed n/a
Driveway in front of garage door 18 feet minimum length 19’ min -24’ max Private Street Width 40 feet minimum 40’ min – 46’ max
Garage Access Alley/Street Width
Building heights up to 25
feet
24 ft. with no on-street/alley
parking allowed 24’
Building Heights greater
than 25 feet
30 feet with no onstreet/alley parking allowed n/a
Dwelling Unit Size Minimum (sq. ft.)
Studio Dwelling Units 900 n/a
One-Bedroom Dwelling
Units 900 n/a
Two-Bedroom Dwelling
Units or Larger
1,000 plus 100 sq. ft. for
each additional bedroom 1,323 sq. ft. – 2,146 sq. ft.
Open Space (sq. ft.)
Common Open Space 250 per unit, or 35,000 36,666 sq. ft.
Private Open Space 80 per unit 138 sq. ft. min.
Tentative Tract Map Analysis
Tentative Tract Map No. 38378 includes a subdivision of an approximately 17.21-acre site into one (1) approximately 16.93-acre lot for condominium purposes (0.28-acre right-of-way dedication). The proposed subdivision meets the minimum lot area requirement and street frontage width of the East Lake Specific Plan. The tentative map also complies with Chapter 16.24 (Tentative Map) of the LEMC and the Subdivision Map Act. The project will be required to form a Homeowner’s Association (HOA) for reciprocal access easements, for parking spaces as well as for the maintenance of common areas.
PA 2022-03 (Mission Trail at Lemon)
Design Review
The architectural design of the proposed buildings conforms to the design guidelines outlined in Chapter 8 of the ELSP and the Residential Development Standards (Chapter 17.44) of the LEMC.
The three elevation styles will create a distinctive street scene within the project site and serve to avoid repetition.
The Design Review Committee, which includes staff from Planning, Building and Safety, Fire, and Engineering, has reviewed the proposed project, and have conditioned the project to ensure compliance with the general plan, the LEMC, and the related environmental document.
Environmental Determination
The proposed project has been determined to be categorically exempt from California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Pursuant to a Specific Plan). Where a public agency has prepared an EIR on a Specific Plan, a residential project undertaken pursuant to and in conformity with that specific plan is exempt from CEQA if the project meets the following requirements:
1. Eligibility. To qualify for this exemption the public agency must have prepared an EIR on a specific plan after January 1, 1980.
The City adopted the East Lake Specific Plan, Amendment No. 11 (SPA 2016-02) and Environmental Impact Report (EIR) SCH No. 2016111029 on November 11, 2017. The proposed project meets this requirement.
2. Scope. Residential projects covered by this section include but are not limited to land subdivisions, zoning changes, and residential planned unit development.
The project consists of applications for Tentative Tract Map No. 38378 to subdivide an approximately 17.21-acre site into one approximately 16.93-acre lot for condominium purposes (0.28-acre right-of-way dedication) and Residential Design Review No. 2022-02 to construct 191 detached condominium residences with a density of 11.3 du/ac. The proposed project is consistent with the East Lake Specific Plan, Mixed Use Overlay district which allows Detached Multiple-Family Cluster Residential Only Development with a Density up to 18 Dwelling Units per Net Acre (du/ac).
3. Limitation. This section is subject to the limitation that a specific plan undergoes an event, such as, but not limited to: a substantial change to the proposed project is made that requires major revisions of the previous EIR; new circumstances under which the project is undertaken that will require major revisions to the previous EIR; or new information has been found resulting in new significant effects or increasing the severity of a significant effect that were not known at the time of the previous EIR. Should one or more of these events occur, this exemption shall not apply until the city or county which adopted the specific plan completes a subsequent EIR or supplement to a previous EIR.
PA 2022-03 (Mission Trail at Lemon)
Pursuant to 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 adopted Environmental Impact Report (SCH No. 2016111029) prepared for the East Lake Specific Plan. A CEQA Exemption Study has been prepared for the project and is included as Attachment 5 to this report. All potentially significant effects have been avoided or mitigated pursuant to the EIR and none of the conditions described in Section 15162 have occurred. EIR (SCH No. 2016111029) was adopted by the City Council on November 28, 2017.
MSHCP Consistency
The project has also been reviewed for consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). A portion of the project site (0.30 acres) is located within the MSHCP Elsinore Area Plan, Criteria Cell # 5131. On August 08, 2023, the Western Riverside County Regional Conservation Authority (RCA) completed the Joint Project Review (JPR# 23-04-11-01) process and concluded that the Project is consistent with both the Criteria and other plan requirements of the MSHCP.
Public Outreach
In August 2023, the applicant mailed advance notice of the development proposal to neighboring property owners within 500 feet of the project site. Additionally, the applicant reached out the Summerly Community’s Home Owner Association as a part of their public outreach efforts.
Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 500 feet of the subject property. As of the writing of this report, staff has received one (1) email communication from Leonard Leichnitz dated November 7, 2023. The email correspondence along with staff response is included as Attachment 10.
Fiscal Impact
The time and costs related to processing this application have been covered by application 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.
PA 2022-03 (Mission Trail at Lemon)
Attachments
Attachment 1 – MSHCP Resolution
Attachment 2 – TTM Resolution
Attachment 3 – RDR Resolution
Attachment 4 – Conditions of Approval
Attachment 5 – Initial Study/Categorical Exemption
Attachment 6 – GIS Package
Attachment 7 – TTM 38378
Attachment 8 – Design Review Package
Attachment 9 – Public Notice Material
Attachment 10 – Public Comment
RESOLUTION NO. 2023-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2022- 03 (TENTATIVE TRACT MAP NO. 38378 AND RESIDENTIAL DESIGN REVIEW NO. 2022-02) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Brett Crowder, Coastal Commercial Properties has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-03 (Tentative Tract Map No. 38378 and Residential Design Review No. 2022-02) to subdivide an approximately
17.21-acre site into one (1) approximately 16.93-acre lot for condominium purposes (0.28-acre right-of-way dedication) and a residential design review to construct 191 detached condominium residences and associated site improvements. The project site is located within the East Lake Specific Plan, adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north (APNs: 370-050-019, 370-050-020, and 370-050- 032);
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria;
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;
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.050 (Major Design Review), Section 17.410.030 (Multiple Applications), and Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps and design review applications;
Whereas, on October 17, 2023 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and by a resolution recommended that the Council adopt Findings of Consistency with the MSCHP; and
Whereas, on November 14, 2023, at a duly noticed Public Hearing the Council has considered 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 forgoing recitals are true and correct and are herby incorporated into these findings by this reference.
CC Reso. No. 2023-____
Section 2: The Council has considered the project and the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.
Section 3: 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.
Approximately 0.30 acre of the project site is located within an MSHCP criteria cell. Pursuant to the City’s MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with “Other Plan Requirements.” These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, §
6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4).
2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes.
Approximately 0.30 acre of the project site is located in Criteria Cell 5131, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). Therefore, a formal and complete LEAP application, LEAP 2022-03 was submitted to the City on January 26, 2023.
3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.
On November 2, 2021 and February 3, 2023, Hernandez Environmental Services conducted field surveys of the site to determine whether the project site includes riparian/riverine area or vernal pools.
The project site contains approximately 0.07 acre located below the CDFW jurisdictional elevation of 1,265 feet AMSL and associated with the back basin of Lake Elsinore that would be considered riparian/riverine areas as defined in Section 6.1.2 of the Western Riverside County MSHCP. The riparian/riverine area onsite is located within an existing access easement comprised of disturbed, ruderal vegetation currently being utilized as a gravel and dirt access road. No bed, bank, or channel are present. The riparian/riverine area shows no signs of hydrology; no signs of current or historic flow are visible. The riparian/riverine area is isolated and no downstream flows are present. In addition, no hydric soils or hydrophytic vegetation are present. The onsite riparian/riverine area does not provide any of the functions and values functions typically associated with riparian/riverine resources; even the existing ruderal habitat is too disturbed to provide nesting and foraging habitat due to the use of the area as a dirt and gravel access road.
The project has been designed to avoid this area of the project site. Although the project does include the dedication of the Victorian Lane right-of-way along the northern project site boundary, no construction, grading, or street improvements related to the Victoria Lane rightof-way are included as part of the project. Therefore, no permanent or temporary impacts to onsite riparian/riverine area will result from project implementation. The northern limit of CC Reso. No. 2023-____
project disturbance is located between five to fifteen feet south of the onsite riparian/riverine area. No avoidance buffer is proposed. Urban/Wildlands Interface Guidelines will be implemented even though the riparian/riverine area is isolated and no downstream flows are present. However, the project does not propose to place a conservation or deed restriction over the onsite riparian/riverine area due to the fact that the area is already located within an existing access easement and no riparian/riverine functions and values would be preserved by conservation of the area.
While the northwestern portion of the site located below the CDFW jurisdictional elevation of 1,265 feet AMSL meets the definition of a riparian/riverine area according to the MSHCP, it does not support suitable riparian habitat with the potential to support riparian/riverine bird species; the onsite riparian/riverine area is comprised of disturbed, ruderal vegetation currently being utilized as a gravel and dirt access road. No stream bed, bank, channel, or riparian habitat exists within the project site boundaries. Further, none of the riparian/riverine bird species listed in Section 6.1.2 of the MSHCP were found within the project site. Due to the lack of suitable riparian habitat on the project site, focused surveys for riparian/riverine bird species listed in Section 6.1.2 of the MSHCP are not warranted.
Vernal pools are seasonal depressional wetlands that occur under Mediterranean climate conditions of the west coast and in glaciated conditions of northeastern and midwestern states. They are covered by shallow water for variable periods from winter to spring but may be completely dry most of the summer and fall. Vernal pools are usually associated with hard clay layers or bedrock, which helps keep water in the pools. Vernal pools and seasonal depressions usually are dominated by hydrophytic plans, hydric soils, and evidence of hydrology.
The entire site was evaluated for the presence of habitat capable of supporting branchiopods.
The site was evaluated as described in the USFWS Survey Guidelines for the Listed Large Branchiopods (USFWS 2017). The project site consists of vacant, disturbed land with evidence of weed abatement activities and off-road vehicle use. The site is dominated by dense non-native ruderal vegetation dominated by brome grass. The project area is primarily comprised of sandy loams that do not allow for water pooling on the site for any significant length of time after rain events. No vernal pools, swales, or vernal pool mimics such as ditches, borrow pits, cattle troughs, or cement culverts with signs of pooling water were found on the site. In addition, the site does not contain areas that showed signs of ponding water, hydrophytic vegetation, or soils typical of vernal pools that would be suitable for large branchiopods.
The Project is therefore consistent with the Riparian/Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required.
4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.
The property is not in a Narrow Endemic Plant Species Survey Area (NEPSSA) for any narrow endemic species, and no NEPSSA surveys are required. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines.
5. The Project is consistent with the Additional Survey Needs and Procedures.
The MSHCP requires additional surveys for certain species if the project is located in certain CC Reso. No. 2023-____
locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3 (Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey Areas with Criteria Area), and Figure 6-5 (Mammal Species Survey Areas With Criteria Area), burrowing owl surveys are required for the subject property prior to approval of a development proposal.
The property is not located within survey areas for criteria area species (MSHCP Figure 6-2), amphibian species (MSHCP Figure 6-3), or mammal species (MSHCP Figure 6-5) and surveys for those species are not required.
The Project site is located within the MSHCP Survey Area for the burrowing owl. A burrowing owl (Athene cunicularia) habitat assessment following Step 1 of the Burrowing Owl Instructions for the Western Riverside MSHCP was conducted on the site on February 3, 2023 was conducted by Hernandez Environmental Services. Due to the presence of potentially suitable habitat, a focused burrow survey was conducted on the site on May 1, 2023 following Step 2A of the Burrowing Owl Survey Instructions for the Western Riverside MSHCP. The focused burrow survey found no potentially suitable burrows and manmade structures that could be utilized as burrows, such as earthen berms; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement onsite; therefore, it was determined that the site is not currently occupied by the species
As a mitigation measure for the proposed Project, the City will require a pre-construction presence/absence survey for burrowing owl to be conducted within 30 days of the commencement of project-related grading or other land disturbance activities to ensure that the species has not moved onto the site since completion of the surveys. The pre-construction survey should occur within 30 days prior to ground disturbing activity. Owls located as a result of survey efforts will be relocated. If burrowing owl have colonized the project site or the offsite improvements area prior to the initiation of construction, the project proponent should immediately inform the City, RCA and the Wildlife Agencies, and coordinate on the potential need for preparation, review and approval of a Burrowing Owl Protection and Relocation Plan, prior to any ground disturbance.
Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP.
6. The Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.1.4 of the MSHCP sets forth guidelines that are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable.
The guidelines in Section 6.1.4 of the MSHCP are intended to address indirect effects associated with development near MSHCP Conserved Areas. Developments in proximity to MSHCP Conserved Areas may result in “edge effects” that might adversely affect biological resources within MSHCP Conserved Areas.
According to the MSHCP development may occur adjacent to Conservation Areas. Future Development in proximity to Conservation Areas may result in Edge Effects that will adversely affect biological resources within the Conservation Areas. To minimize such Edge Effects, the Project Applicant will be required to follow the Urban/Wildlands Interface Guidelines in Section
6.1.4 of the MSHCP to minimize urban/wildlands interface issues in the nearby Criteria Area.
CC Reso. No. 2023-____
These include measures related to indirect impacts such as water quality (drainage), use of toxics, night lighting, indirect noise, invasive plant and wildlife species, protection of habitat areas (barriers), and grading/land development adjacent to habitat areas.
The Project Site is not located within 3,000 feet of proposed preservation land in the 770-acre Plan therefore no indirect effects of urban/wildlands interfaces are expected at the Project Site.
The subject project is consistent with the Urban/Wildlife Interface Guidelines.
7. The Project is consistent with the Vegetation Mapping requirements.
The entire 17.21-acre project site consists of disturbed, ruderal habitat. This habitat is characterized by brome grass and non-native vegetation that grows in previously disturbed areas, including common barley (hordeum vulgare), cheatgrass (bromus tectorum), cheeseweed (malva parviflora), shortpod mustard (Hirschfeldia incana) and tall tumblemustard (Sisymbrium altissimum). Other species in this habitat include stinknet (Oncosiphon piluliferum), common sunflower (Helianthus annuus), and Western ragweed (Ambrosia psilostachya).
This mapping is sufficient under the MSHCP and is consistent with the MSHCP vegetation mapping requirements
8. The Project is consistent with the Fuels Management Guidelines.
Section 6.4 of the MSHCP requires that new developments adjacent to the MSHCP Conservation Area (in this case the proposed 770-acre Plan preservation areas) or other undeveloped lands incorporate any fuel/brush management zones and Best Management Practices. The Project Site is not located in or adjacent to the proposed 770-acre Plan preservation areas, is proposed as a non-combustible commercial development, and undeveloped areas adjacent to the Project Site are anticipated to be developed and is therefore not expected to be subject to fuel modification requirements.
The Project will incorporate the BMPs outlined in Volume I, Appendix C of the MSHCP as part of the development pursuant to regulatory and/or County requirements.
Therefore, the Project is consistent with the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP.
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.
Approximately 0.30 acre of the project site is located in Criteria Cell 5131, which is in MSHCP Elsinore Area Plan, Subunit 3 (Elsinore). The property that will be developed by the Proposed Project includes that area. Conservation within this Cell will range from 65%-75% of the Cell focusing in the southern portion of the Cell. The conservation requirements set forth for this Criteria Cell has been replaced with the preservation of habitat in the Back Basin of Lake CC Reso. No. 2023-____
Elsinore through the 770-acre Agreement. The Project Site is not located within 3,000 feet of proposed preservation land in the 770-acre Plan. Even without consideration of the 770-acre Plan, the Project site falls outside of that portion of Criteria Cell 5131 identified for conservation and the project site does not meet the conservation requirements set forth for Subunit 3 of the Elsinore Area Plan. The balance of the project site is not located within either a criteria cell or Subunit 3. Therefore, conservation of the project site, or any portion thereof, is not required.
The proposed project is consistent with the MSHCP.
Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council finds that the Project is consistent with the MSHCP.
Section 5: This Resolution shall take effect immediately upon its adoption.
Section 6: 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 14th day of November, 2023.
Natasha Johnson,
Mayor
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, hereby certify that Resolution No. 2023-__ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on November 14, 2023 and that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
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. 38378 TO SUBDIVIDE AN APPROXIMATELY 17.21-ACRE SITE INTO ONE LOT AND 191 RESIDENTIAL UNITS FOR CONDOMINIUM PURPOSES LOCATED IN APNS: 370-050-019, 370- 050-020, AND 370-050-032
Whereas, Brett Crowder, Coastal Commercial Properties has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-03 (Tentative Tract Map (TTM) No. 38378 and Residential Design Review No. 2022-02) to subdivide an approximately 17.21-acre site into one (1) approximately 16.94-acre lot for condominium purposes (0.28-acre right-of-way dedication) and a residential design review to construct 191 detached condominium residences and associated site improvements. The project site is located within the East Lake Specific Plan (ELSP), adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north (APNs: 370-050-019, 370-050-020, and 370-050-032);
Whereas, pursuant to Chapter 16.24 (Tentative Map) 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; Whereas, on October 17, 2023, at a duly noticed Public Hearing the Commission has 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 TTM No. 38378; and
Whereas, on November 14, 2023, at a duly noticed Public Hearing the Council has considered the recommendation of the Commission as we 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 forgoing recitals are true and correct and are hereby incorporated into these findings by this reference.
Section 2: The Council has reviewed and analyzed TTM No. 38378 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and the Subdivision Map Act.
Section 3: The Council finds that the proposed project is categorically exempt from California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Pursuant to a Specific Plan). The City adopted the East Lake Specific Plan, Amendment No. 11 (SPA 2016-02) and Environmental Impact Report (EIR) SCH No. 2016111029 on November 11, 2017. The proposed project is consistent with the East Lake Specific Plan, Mixed Use Overlay district which allows Detached Multiple-Family Cluster Residential Only Development with a Density up to 18 Dwelling Units per Net Acre (du/ac). Pursuant to 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 adopted Environmental Impact Report (SCH No.
CC Reso. No. 2023-____
2016111029) prepared for the East Lake Specific Plan. All potentially significant effects have been avoided or mitigated pursuant to the EIR and none of the conditions described in Section 15162 have occurred. EIR (SCH No. 2016111029) was adopted by the City Council on November 28, 2017.
Section 4: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of TTM No. 38378:
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 East Lake Specific Plan (ELSP) and has an Action Sports, Tourism, Commercial and Recreation Land Use Designation with a Mixed Use Overlay.
The Mixed Use overlay offers an option to develop residential and commercial uses in additions to those uses described in the Action Sports, Tourism, Commercial, and Recreation land use designation. Per Table 2-12 (Mixed Use Overlay – Allowable Land Uses) of the ELSP, Condominiums are listed as permitted uses. Table 2-13 (Mixed Use Overlay Development Standards) allows Detached Multiple-Family Cluster Residential Only Development with a density up to 18 Dwelling Units per Net Acre (du/ac). The application proposes to construct and subdivide 191 two-story detached residential condominium units on an approximately 16.93 acre parcel at an approximate density of
11.3 units per net acre. Therefore, the project is consistent with the ELSP. Furthermore, because the ELSP was found to be consistent with the General Plan prior to its adoption, the project is also 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 site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the ELSP and General Plan because the physical conditions of the site, including soils and drainage, can adequately support the proposed development as designed. No physical hazards, such as a flood areas or fault zones, exist on site. Connection to the existing sewage and water facilities, as well as other utilities including telephone, gas and electricity services, is feasible. As a condition of the tentative tract map, the City will require dedication of land to widen Mission Trail along with street frontage improvements. The proposed development conforms to the applicable development standards provided in the ELSP. The site surroundings include residential and commercial 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 vicinity.
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 proposed division of land and proposed improvements are unlikely to cause substantial environmental damage or injure fish or wildlife or their habitat because the project site is void of significant biological resources according to site surveys conducted by a qualified biologist. The site is located within an urbanized area and does not contain CC Reso. No. 2023-____
any features, such as surface waters, riparian habitat or mature trees that could serve important or critical ecological functions. Furthermore, the site has been routinely disced for weed control purposes and is in a disturbed, non-natural state.
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. The City Council may approve a division of land if it finds that alternative easements for access or for use will be provided, and that they will be subsequently equivalent to ones previously acquired by the public. This section shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.
The subdivision will not conflict with public access because the site of the proposed subdivision does not contain publicly acquired access easements. Furthermore, there is no planned right-of-way within the site as shown in the circulation element of the General Plan. As a condition of the tentative tract map, the City will require dedication of land for Mission Trail along with street frontage improvements to ensure conformity with the General Plan.
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 conditions of approval, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity because adequate health and sanitation facilities will be provided throughout the subdivision.
6. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.
The project will provide a net increase of 191 newly constructed housing units within city limits. The project does not involve the demolition of existing housing units. Adequate levels of public service and capacity, including fire protection, police protection, schools, and parks, are available to the proposed subdivision site. The subdivider will also pay development impact fees to offset the costs associated with providing governmental services to the population increase resulting from the project. Upon implementation of adopted mitigation measures in the EIR prepared for the East Lake Specific Plan, the project will not have significant effects on the environment.
7. The design of the subdivision provides future passive or natural heating or cooling opportunities within the subdivision.
The proposed subdivision will divide an approximately 17.21-acre flat site into one lot for condominium purposes and will construct 191 two-story detached condominium residences which will feature operable windows on all elevations to provide natural cooling opportunities. All buildings will be provided southern exposure to provide natural heating opportunities. No changes to the shape or configuration of the existing parcels are proposed. The residential units being proposed in conjunction with the subdivision will be CC Reso. No. 2023-____
designed to meet California building energy efficiency standards and to provide rooftop solar panels on each building to offset energy demand. Other design features, such as shade trees, will be planted onsite to provide natural cooling.
Section 5: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Tentative Tract Map No. 38378.
Section 6: This Resolution shall take effect immediately upon its adoption.
Section 7: 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 14th day of November, 2023.
Natasha Johnson,
Mayor
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, hereby certify that Resolution No. 2023-__ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on November 14, 2023 and that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Candice Alvarez, MMC,
City Clerk
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2022-02 PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS FOR 191
TWO-STORY DETACHED CONDOMINIUM RESIDENTIAL UNITS IN LOCATED APNS: 370-050-019, 370-050-020, AND 370-050-032.
Whereas, Brett Crowder, Coastal Commercial Properties has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-03 (Tentative Tract Map No. 38378 and Residential Design Review No. 2022-02) to subdivide an approximately
17.21-acre site into one (1) approximately 16.94-acre lot for condominium purposes (0.28-acre right-of-way dedication) and a residential design review to construct 191 detached condominium residences and associated site improvements. The project site is located within the East Lake Specific Plan, adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north (APNs: 370-050-019, 370-050-020, and 370-050- 032);
Whereas, pursuant to Section 17.415.050 (Major Design Review), 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 the review of design review applications;
Whereas, on October 17, 2023 at a duly noticed Public Hearing, the Commission has 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 Residential Design Review No. 2022-02; and
Whereas, on November 14, 2023, at a duly noticed Public Hearing the Council has considered the recommendation of the Commission as we 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 foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.
Section 2: The Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), the East Lake Specific Plan Specific Plan (ELSP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, ELSP and the LEMC.
Section 3: The Council finds that the proposed project is categorically exempt from California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15182(c) (Residential Projects Pursuant to a Specific Plan). The City adopted the East Lake Specific Plan, Amendment No. 11 (SPA 2016-02) and Environmental Impact Report (EIR) SCH No. 2016111029 on November 11, 2017. The proposed project is consistent with the East Lake Specific Plan, Mixed Use Overlay district which allows Detached Multiple-Family Cluster Residential Only CC Reso. No. 2023-____
Development with a Density up to 18 Dwelling Units per Net Acre (du/ac). Pursuant to 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 adopted Environmental Impact Report (SCH No. 2016111029) prepared for the East Lake Specific Plan. All potentially significant effects have been avoided or mitigated pursuant to the EIR and none of the conditions described in Section 15162 have occurred. EIR (SCH No. 2016111029) was adopted by the City Council on November 28, 2017.
Section 4: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding Residential Design Review No. 2022-02:
1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located.
The project site is located in the East Lake Specific Plan (ELSP) and has an Actions Sports, Tourism, Commercial and Recreation Land Use Designation with a Mixed Use Overlay. The Mixed Use overlay offers an option to develop residential and commercial uses in additions to those uses described in the Action Sports, Tourism, Commercial, and Recreation land use designation. Per Table 2-12 (Mixed Use Overlay – Allowable Land Uses) of the ELSP, Condominiums are listed as permitted uses. Table 2-13 (Mixed Use Overlay Development Standards) allows Detached Multiple-Family Cluster Residential Only Development with a density up to 18 Dwelling Units per Net Acre (du/ac). The application proposes to construct and subdivide 191 two-story detached residential condominium units on an approximately
16.94 acre parcel at an approximate density of 11.3 units per net acre. Therefore, the project is consistent with the ELSP. Furthermore, because the ELSP was found to be consistent with the General Plan prior to its adoption, the project is also consistent with the General Plan.
2. The project complies with the design directives contained in the East Lake Specific Plan Specific Plan and all applicable provisions of the LEMC.
The project is appropriate to the site and surrounding developments. The three architectural styles proposed will create a distinctive street scene within the project site. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient on-site circulation would be achieved.
3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project to ensure development of the property in accordance with the objectives of Section 17.415.050.
Pursuant to Section 17.415.050.E of the LEMC, the project was considered by the Planning Commission at a duly noticed public hearing held on October 17, 2023. The project, as reviewed and conditioned by all applicable City divisions, departments, and agencies, will provide a high-quality residential development within the surrounding community.
Section 5: Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Residential Design Review No. 2022-0).
CC Reso. No. 2023-____
Section 6: This Resolution shall take effect immediately upon its adoption.
Section 7: The City Clerk shall certify to the adoption of this Resolution and enter in into the book of original Resolutions.
Passed and Adopted on this 14th day of November, 2023.
Natasha Johnson,
Mayor
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, hereby certify that Resolution No. 2023-__ was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on November 14, 2023 and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Candice Alvarez, MMC,
City Clerk
Applicant’s Initials: _____ Page 1 of 20
CONDITIONS OF APPROVAL
PROJECT: PA 2022-03/TTM 2022-01 (TTM 38378)/RDR 2022-02 PROJECT NAME: Mission Trail at Lemon
PROJECT LOCATION: APNs: 370-050-019, 370-050-020, 370-050-030 APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
GENERAL
1. Planning Application No. 2022-03 consists of requests for Tentative Tract Map No. 38378 to subdivide an approximately 17.21-acre site into one (1) approximately 16.94-acre lot for condominium purposes (0.28-acre right-of-way dedication) and Residential Design Review No. 2022-02 to construct 191 detached condominium residences and associated improvements within the Action Sports, Tourism, Commercial, and Recreation Land Use Designation with a Mixed Use Overlay within the East Lake Specific Plan. The proposed buildings feature seven floor plans ranging in size from 1,323 sq. ft. to 2,146 sq. ft. and three architectural styles (French Country, Santa Barbara and Modern Farmhouse). The site will feature common open space areas with amenities including a playground structure (“tot lot”), a swimming pool, a recreation building, and seating areas. The project site is located adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north (APNs: 370-050-019, 370-050-020, and 370- 050-032).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of TTM 2022-01 and RDR 2022-02, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of TTM 2022-01 and RDR 2022- 02 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition.
3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records.
Conditions of Approval PC: October 17, 2023
PA 2022-03/TTM 38378/RDR 2022-02 CC: November 14, 2023
Applicant’s Initials: _____ Page 2 of 20
PLANNING DIVISION
4. Tentative Tract Map No. 38378 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).
5. Tentative Tract Map No. 38378 shall comply with the State of California Subdivision Map Act, and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval.
6. Residential Design Review No. 2022-02 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application.
7. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.
8. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy.
9. All future development proposals shall be reviewed by the City on a project-by-project basis.
If determined necessary by the Community Development Director or designee, additional environmental analysis will be required.
10. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application.
11. A 6-foot-high decorative CMU wall shall be constructed along the north, south, and east sides of the project boundary, and an 8-foot-high CMU wall shall be constructed along the western boundary of the site that is adjacent to the Motorsports Park. If a double wall condition would result, the developer shall make a good faith effort work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter.
12. For multiple-family development, laundry facilities shall be provided as required by the Lake Elsinore Municipal Code.
Conditions of Approval PC: October 17, 2023
PA 2022-03/TTM 38378/RDR 2022-02 CC: November 14, 2023
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13. For multiple-family development, provide exterior lockable storage space as required by the California Green Building Code.
14. The applicant shall provide all prospective home buyers and home owners a written disclosure statement identifying that the project is located within an active recreation area.
Such activities will include, but are not limited to, sporting activities, water sport and recreation activities, off road racing, sky diving, hang gliding, a potential 1.2 million sq. ft. fulfillment center. Said written disclosure statements shall indicate that such recreation activities will include, but are not limited to, noise impacts, excessive lighting, and dust. (Added after PC 10/17/2023)
15. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation.
Prior to Recordation of Final Map(s)
16. All lots shall comply with minimum standards set forth in the Mixed Use overlay land use designation - Detached Multiple-Family Cluster Residential Only Development Standards (Table 2-13) of the East Lake Specific Plan.
17. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
18. Street names within the subdivision shall be reviewed and approved by the Community Development Director or designee.
19. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore.
20. The applicant shall initiate and complete the formation of a Homeowner’s Association (HOA) which shall be approved by the City. All Association documents shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). a. At a minimum, all recreation and park areas (except public parks), all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, up slopes from public rights-of-way within private lots and all private streets, and all drainage basins shall be maintained by the Homeowner’s Association (HOA).
b. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project. Such restriction shall include requiring homeowners to park their vehicles in their garage and/or driveway (where applicable) and requiring an on-street parking permit for additional vehicles. (Added after PC 10/17/2023)
Conditions of Approval PC: October 17, 2023
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Prior to Issuance of Grading Permits/Building Permits
21. The following architectural details shall be provided:
All front fence returns shall be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided on all residential elevations (front, rear and side) visible from streets and other public views.
All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed.
22. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board.
23. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following:
Show that a masonry or decorative block wall will be constructed along the entire tract boundary.
Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.
Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls.
Show that side walls for corner lots shall be decorative masonry block walls. Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls.
24. Signs are not part of this project approval. All signage shall be subject to Planning Division or Planning Commission review and approval prior to installation.
25. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the development manager to address any complaints.
26. Prior to issuance of a model home permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom.
Conditions of Approval PC: October 17, 2023
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27. Construction phasing shall be implemented in accordance a Phasing Plan, subject to a review and approval by the Engineering and Building Departments, which avoids construction traffic from entering occupied neighborhoods within the tract.
28. A cash bond in the amount of $1,000 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee.
29. A cash bond in the amount of $1,000 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee.
30. A cash bond in the amount of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee.
31. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit.
32. The project shall connect to water and sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards.
33. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit.
34. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent planting coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be submitted to the Community Development Department with appropriate fees, for review and approval by the Community Development Director or designee.
The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size.
Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti.
The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed two (2) feet and whose canopy does not fall below six feet. The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering.
No front-yard shall be landscaped with grass turf.
Conditions of Approval PC: October 17, 2023
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All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy.
All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by:
i. Eliminating high and medium water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates low to very low water-efficient (“drought-tolerant” / climate-appropriate) plants;
ii.Requires an efficient irrigation system that includes:
1. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut-off and seasonal adjustment capabilities;
2. Efficient irrigation water application through use of:
a. Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or b. Rotor-type nozzles for areas greater than ten (10) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71.
3. Improvement of soil structure for better water retention; and
4. Application of mulch to hinder evaporation.
The Final landscape plan shall be consistent with any approved site and/or plot plan.
The Final landscape plan shall include planting and irrigation details. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy.
All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto.
BUILDING DIVISION
General Conditions
35. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.
36. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code.
Conditions of Approval PC: October 17, 2023
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37. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include:
a. All ground floor units to be adaptable.
b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as clubhouse, trach enclosure tot lots and picnic areas.
38. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at [email protected] or 951-674-3124 X 277.
39. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees.
40. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work.
41. Obtaining Separate Approvals and Permits.Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits.
42. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance.
43. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.
At Plan Review Submittal
44. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 5.507, of the 2022 edition of the California Green Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer.
Conditions of Approval PC: October 17, 2023
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Prior to Issuance of Grading Permit(s)
45. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval.
46. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued.
Prior to Issuance of Building Permit(s)
47. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division.
Prior to Beginning of Construction
48. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction.
ENGINEERING DEPARTMENT
GENERAL
48. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP).
49. All plans (Street, Storm Drain, Grading) shall be prepared by a registered Civil Engineer using the City’s standard title block.
50. All required soils, geology, seismic, and hydrology and hydraulic reports shall be prepared by a registered Civil Engineer and Soils Engineer, as applicable.
51. All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another maintenance entity approved by the City Council.
52. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or property owner’s association.
53. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R, Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy.
54. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer.
Conditions of Approval PC: October 17, 2023
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55. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner.
56. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) shall be implemented.
57. Applicant shall install permanent benchmarks to Riverside County Standards and at locations to be determined by the City Engineer.
FEES
58. Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full.
59. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation:
Master Drainage Plan Fee – Due prior to Final Map approval or grading permit issuance, whichever is first.
Traffic Infrastructure Fee (TIF) – Due prior to building permit issuance. Transportation Uniform Mitigation Fee (TUMF) – Due prior to occupancy. Stephen’s Kangaroo Rat Fee (K-Rat) – Due prior to grading permit issuance.
60. Applicant is responsible for the following fair share contributions as identified in the Traffic Impact Analysis by EPD Solutions, Inc. dated April 5, 2023:
Orange Street and Bundy Canyon Road Improvements -17.65% contribution i. Improvements include restriping the southbound approach on Orange Street to provide an exclusive left turn-lane and a shared through right-turn lane.
I-15 Southbound Ramps and Bundy Canyon Road Improvements – 8.12% contribution
i. Improvements include widening and restring the southbound approach on I-15 SB Ramp to provide two exclusive left-turn lanes and a shared through right turn-lane.
Fair share contributions are due prior to issuance of occupancy.
FINAL TRACT MAP
61. Applicant shall submit for plan check review and approval for final Tract Map.
62. Street names within the subdivision shall be established and approved by the Community Development Director or Designee prior to Final Map approval.
Conditions of Approval PC: October 17, 2023
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63. Applicant shall make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City.
64. Applicant shall dedicate right-of-way for Mission Trail adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Mission Trail is classified as an Urban Arterial Highway in the City’s General Plan, where full-width is 120 feet and curb-to-curb width is 96 feet.
65. Applicant shall dedicate right-of-way for Victorian Lane adjacent to the property for a total right-of-way of 34 feet from centerline to the project property line. Victorian Lane is classified as a Collector Roadway in the City’s General Plan, where full-width is 68 feet and curb-to-curb width is 48 feet.
66. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.
67. Prior to scheduling City Council approval of the final Tract Map, the applicant shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed, and securities posted. Securities posted include but are not limited to the off-site improvements.
68. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.
69. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map.
70. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with final Tract Map.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design
71. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity.
72. A Final Water Quality Management Plan (WQMP) will be required and shall be prepared using the Santa Ana Region 8 approved template and guidance and submitted for review and approval to the City. The Final WQMP shall be approved by the City prior to scheduling City Council for final map approval, grading plan approval and issuance of any permit for construction, whichever is first.
73. The Final WQMP shall document the following:
Detailed site and project description.
Potential stormwater pollutants.
Post-development drainage characteristics.
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Low Impact Development (LID) BMP selection and analysis. Structural and non-structural source control BMPs.
Treatment Control BMPs.
Site design and drainage plan (BMP Exhibit).
Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24-hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage impacts from urban runoff (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events).
Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs.
74. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff.
75. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape.
76. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained.
77. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.
78. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker.
79. The project site shall implement full trash capture methods/devices approved by the Regional Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges.
Construction
80. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project.
Conditions of Approval PC: October 17, 2023
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81. Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request.
82. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request.
Post-Construction
83. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include:
Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP.
Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.
Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.
The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall:
(1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for longterm operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used. Provide documentation of annexation into a CFD for funding facilities to be maintained by the City.
Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City.
Provide the City with a digital .pdf copy of the Final WQMP.
Conditions of Approval PC: October 17, 2023
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UTILITIES
84. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent. Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section
16.64).
85. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC Section 16.52.030, and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Dedication shall be made on final Tract Map.
86. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of grading permit.
87. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of grading permit.
IMPROVEMENTS
88. Project will be responsible for the following improvements:
Construction of ultimate half-width street improvements adjacent to the project frontage on Mission Trail (120-foot right-of-way). Improvements shall include widened section of new AC pavement and base material, curb and gutter, sidewalks, parkway landscaping, utility relocations, signage relocations, modify traffic signal as required on Mission Trail and Lemon Street, and streetlights.
Mission Trail shall be restriped and widening shall include transition paving and striping.
Project is required to relocate the existing Riverside Transit Authority (RTA) bus stop.
i. Coordination with RTA is required for the project.
Modification of existing and installation of new signing striping for required improvements. The project shall be responsible for any additional paving and/or striping removal causing by the striping plan.
Project shall install ADA curb ramps along property frontage at the intersections of Lemon Street, Victorian Street, and the main entry way to provide connectivity for pedestrians.
Project shall be required to install signage restricting vehicular parking along Mission Trail in such form and substance as determined by the City Engineer. (Added after PC 10/17/2023)
Conditions of Approval PC: October 17, 2023
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89. Sight distance into and out and throughout the project location shall comply with City Standard 125/126 or Caltrans standards. Project shall ensure facilities are installed outside the line of sight of drivers.
90. If existing improvements are to be modified, existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit.
91. Project will be responsible to design and install streetlights on Mission Trail along project frontage. Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are not limited to details such as location, pole and luminaire type, and pull box design. Streetlight plans may be included as part of the Street Improvement plan set.
92. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided.
93. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards.
94. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours and 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention requirements to accomplish the desired results.
95. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility.
96. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area to maximum extent possible.
97. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3).
98. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter.
99. A registered Civil Engineer shall prepare the improvement (for public and private), signing and striping, and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). Signing, Striping and Traffic signal plans shall be submitted separately from improvement plans.
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Permitting/Construction
100. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance. 101. An Encroachment Permit from Riverside County Flood Control and Water Conservation District (RCFC) shall be obtained prior to any work connecting to RCFC facilities. Permit shall be obtained prior to issuance of City permits.
102. Any work beyond street centerline of Mission Trail may require an encroachment permit from City of Wildomar.
103. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved.
PRIOR TO GRADING PERMIT
104. A grading plan signed and stamped by a registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual. 105. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.
106. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 107. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer.
108. A geotechnical investigation shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. The location of faults, active or inactive shall be shown on the plan sets. A certified geotechnical engineer and/or licensed geologist shall verify compliance with geotechnical recommendations and confirm that geotechnical conditions are consistent with finds in the geotechnical investigation. 109. Applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 110. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
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111. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer.
Permitting/Construction
112. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 113. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies.
114. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required.
115. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 116. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC
15.72.065). Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. 117. All grading shall be done under the supervision of a licensed geotechnical engineer.
Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.
118. Review and approval of the project sediment and erosion control plan shall be completed.
As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request.
119. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 120. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with all required environmental mitigation triggered by the proposed grading activity.
PRIOR TO BUILDING PERMIT
121. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 122. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer.
123. The Final Tract Map shall be recorded.
Conditions of Approval PC: October 17, 2023
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Applicant’s Initials: _____ Page 17 of 20
PRIOR TO OCCUPANCY / FINAL APPROVAL / PROJECT CLOSEOUT
124. All public improvements shall be constructed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of occupancy.
125. Project bus stop shall be relocated in accordance with Riverside Transit Authority (RTA) requirements and City of Lake Elsinore concurrence.
126. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.
127. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy. 128. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 129. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
130. Applicant shall submit documentation pursuant to City’s Security Release handout.
CITY OF LAKE ELSINORE FIRE MARSHAL
131. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 132. The applicant or developer shall provide square footage information for the community building as part of their formal submittal at building plan check. 133. The applicant or developer shall provide fire hydrants in accordance with the following:
a. Prior to placing any combustibles on site, provide an approved water source for firefighting purposes.
b. Prior to building permit issuance, submit plans to the water district for a water system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code.
c. Fire flow shall be determined by the building of the single largest square footage.
The minimum required fire flow shall be 1500 GPM at 20 PSI for a 2-hour duration, per the 2022 California Fire Code for a building with Type V-B construction.
134. Prior to building permit issuance, install the approved water system and contact the Fire Department for a verification inspection.
Conditions of Approval PC: October 17, 2023
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135. Fire Sprinkler System: all residential occupancies shall have fire sprinkler systems in accordance with the California Residential Code, California Fire Code, and local ordinances.
136. Fire apparatus access: the California Fire Code requires fire apparatus access to within 150 feet of all portions of all buildings. Where apparatus access roads exceed 150 feet in length, an approved turnaround is required. This distance may be extended to 300’ if all buildings are equipped with automatic sprinklers. Minimum requirements are referenced in Riverside County Fire Technical Policy TP16-001.
137. The dimensions of this access shall be a minimum of 24’ wide and have no less than a 38’ outside turning radius. Minimum requirements are referenced in riverside County Fire Technical Policy TP22-002.
138. Gates must meet Fire Department standards at all times of building permit application. 139. All electronically operated gates shall be provided with Knox key switches and automatic sensors for access by emergency personnel. (CFC 506.1).
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 140. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
141. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services.
Conditions of Approval PC: October 17, 2023
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Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.
MITIGATION MONITORING AND REPORTING PROGRAM
142. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Environmental Impact Report (SCH No. 2016111029) prepared for the East Lake Specific Plan.
Conditions of Approval PC: October 17, 2023
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Applicant’s Initials: _____ Page 20 of 20
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________. I also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
Mission Trail Residential Project - CEQA Exemption Study
MISSION TRAIL RESIDENTIAL PROJECT
PLANNING APPLICATION NO. 2022-03
TENTATIVE TRACT MAP NO. 2022-01 (TTM 38378)
RESIDENTIAL DESIGN REVIEW NO. 2022-02
ADMIN DRAFT
ENVIRONMENTAL REVIEW NO. 2022-03
CEQA EXEMPTION STUDY
Prepared By:
CITY OF LAKE ELSINORE
130 South Main Street
Lake Elsinore, CA 92530
Applicant:
COASTAL COMMERCIAL PROPERTIES
1020 2nd Street
Encinitas, CA 92024
Environmental Consultant:
3333 Michelson Drive, Suite 500
Irvine, CA 92612
September 2023
Mission Trail Residential Project - CEQA Exemption Study
I. INTRODUCTION
A. PURPOSE
This document is a CEQA Exemption Study for evaluation of environmental impacts resulting from implementation of the Mission Trail Residential Project. For purposes of this document, this application will be called the “proposed project”. The Lead Agency will utilize this document as evidence that the proposed project qualifies for an exemption to further California Environmental Quality Act (CEQA) review pursuant to CEQA Guidelines Section 15182, Projects Pursuant to a Specific Plan, and Section 15162, Subsequent EIRs and Negative Declarations, as detailed below.
B. CALIFORNIA ENVIRONMENTAL QUALITY ACT
As described by Section 15062 of the California Environmental Quality Act (CEQA) Guidelines, a CEQA Exemption Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether a project would have a significant effect on the environment.
According to CEQA Guidelines Section 15182, development projects that are undertaken pursuant to a specific plan for which an EIR was previously prepared are exempt from further CEQA review if the projects are in conformity with that specific plan and the conditions described in CEQA Guidelines section 15162 (relating to the preparation of a supplemental EIR) are not present. (Gov. Code, § 65457, subd. (a); Guidelines, § 15182, subd. (c), § 15162, subd. (a)) CEQA Guidelines Section 15182(c) Residential Projects Implementing Specific Plans states that this includes, but not limited to, land subdivisions, zoning changes, and residential planned unit developments.
Pursuant to Section 15162 of the State CEQA Guidelines, when an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence, that one or more of the following conditions are met:
1) Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration.
b) Significant effects previously examined will be substantially more severe than identified in the previous EIR.
c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternatives. d) Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, Mission Trail Residential Project - CEQA Exemption Study
but the project proponent declines to adopt the mitigation measures or alternatives.
Under Section 15182, where if the agency finds that pursuant to Section 15162, no subsequent EIR or negative declaration would be required, the agency can approve the activity as being within the scope of the project covered by the previous CEQA documentation for the Specific Plan, and no additional CEQA document is required.
This CEQA Exemption Study has determined that the potential impacts are consistent with those previously identified that can be reduced through implementation of conditions of approval and the previously adopted mitigation measures for the approved Specific Plan; and therefore, a CEQA Exemption is deemed the appropriate document to provide the necessary environmental clearance.
This CEQA Exemption Study and CEQA Exemption are prepared in conformance with the California Environmental Quality Act of 1970 , as amended (Public Resources Code, Section 21000 et seq.); the State Guidelines for Implementation of the California Environmental Quality Act (“CEQA Guidelines”), as amended (California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15000, et seq.); applicable requirements of the City of Lake Elsinore; and the regulations, requirements, and procedures of any other responsible public agency or agency with jurisdiction by law.
The City of Lake Elsinore is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have significant effects upon the environment.
C. INTENDED USES OF THIS CEQA EXEMPTION STUDY
This CEQA Exemption Study analyzes the proposed Mission Trail Residential Project to determine its eligibility to be exempt from further CEQA review pursuant to its consistency with the adopted Specific Plan and related CEQA documentation. Development projects that are undertaken pursuant to a specific plan for which CEQA documentation was previously prepared are exempt from further CEQA review if the projects are in conformity with that specific plan and the conditions described in CEQA Guidelines section 15162.
The City of Lake Elsinore adopted the East Lake Specific Plan Amendment No. 11 Project (SPA 2016- 02) and Environmental Impact Report (EIR) SCH No. 2016111029 on November 11, 2017. Individual development projects that implement the East Lake Specific Plan are eligible for the CEQA Guidelines Section 15182 exemption if none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a subsequent EIR have occurred.
The proposed project would develop an approximately 16.98-acre vacant and undeveloped site along Mission Trail within the East Lake Specific Plan area. The project would construct 191 two-story residences that would be consistent with the Action Sports, Tourism, Commercial and Recreation and Mixed Use Overlay Specific Plan designation of the project site. As detailed in Section 3.1.3, the proposed project is consistent with the East Lake Specific Plan; and is therefore qualifies for a CEQA exemption; pursuant to CEQA Guidelines Section 15182.
Based on the proposed project description and knowledge of the project site, and findings of the East Lake Specific Plan Final EIR, the City has concluded that the proposed project would not result in any new or increased impacts not previously disclosed in the East Lake Specific Plan Final EIR. For these reasons, the City has concluded that the project qualifies for the exemption to CEQA review set forth in Government Code Section 65457 and CEQA Guidelines Sections 15182 and 15162.
Mission Trail Residential Project - CEQA Exemption Study