Lake Elsinore City Council
October 8, 2024

the Project would provide Energy Star-certified (or equivalent) appliances. By conforming to these measures, the Project would be consistent with the City’s EIR.  Biological Resources. On June 30, 2023, VCS Environmental completed a due diligence study for the La Perch Project site which included coastal California gnatcatcher (CAGN) and sensitive plant focus surveys. The Project site did not support CAGN or sensitive plants. There is one wetland area next to an inlet structure along the southern boundary of the site which the Project would preserve. Development surrounds the Project site making this an infill site. The Project is not in a wildlife corridor due to the surrounding development. The developer would comply with the following conditions in accordance with the City’s EIR:
− Prepare a biological resource assessment.
− Conduct a biological reconnaissance-level survey.
− Complete a focused species survey.
− Provide a biological resources report.
− Tailor mitigation measures to the Project site.
− Demarcate work area boundaries.
− Conduct preconstruction special status species surveys. − Provide worker environmental awareness education.
− Provide biological monitoring.
− Conduct a pre-disturbance nesting bird survey.
− Provide active nest avoidance buffers.
− Monitor nests.

With implementation of these measures, the Project would be consistent with the City’s EIR.  Cultural Resources. The Project site has no cultural resourcesspecifically protected under the City’s EIR. The City’s EIR designated the Project site as “high” archaeological sensitivity. The developer would employ a qualified archaeologist to monitor all ground disturbance in native soil pursuant to the requirements of the City’s EIR. With implementation of this measure, the Project would be consistent with the City’s EIR.
 Energy. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The La Perch plan would not result in wasteful, inefficient, or unnecessary consumption of resources. In addition, the Project would follow state and local plans for renewable energy and energy efficiency. With implementation of these measures, the Project would be consistent with the City’s EIR.  Geology/Soils. The City’s EIR states that the developer must provide a Paleontological Resources Monitoring and Mitigation Plan (PRMMP) prepared by a qualified paleontologist. With submittal and City approval of a PRMMP, the Project would be consistent with the City’s EIR.  Greenhouse Gas (GHG) Emissions. The City’s EIR states that the Moorpark General Plan 2050 would have a significant and unavoidable impact on greenhouse gas emissions. The City approved a Finding of Overriding Significance for GHG. The Project would have no increased severity of impacts based on new information not known when the City’s EIR was certified.

MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024

 Hazards/Hazardous Materials. The Project site is not listed on the hazardous materials site according to the General Plan. The Project is in a Very High Fire Hazards Severity Zone. The City’s 2023 Housing Element states that the City’s building and planning departments require that residential projects be designed and built in accordance with building and development standards required by state and local codes to mitigate these hazards. With implementation of these measures, the Project would be consistent with the City’s EIR.  Hydrology/Water Quality. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact to hydrology/water quality. The Project would not violate any water quality standards or waste discharge requirements.

In addition, the Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. The Project would be required to comply with state and local requirements related to water quality. With implementation of these measures, the Project would be consistent with the City’s EIR.  Land Use/Planning. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The Project would not divide an established community nor conflict with applicable land use plans. The Project is consistent with the City’s EIR.
 Mineral Resources. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The Project would not result in the loss of availability of a known mineral resource. Therefore, no further CEQA analysis is warranted.
 Noise. The City’s EIR states that noise impacts for the buildout of the 2050 Moorpark General Plan would have significant and unavoidable impacts. The City adopted a Finding of Overriding Consideration for noise impacts. Projects are required to implement measures adopted by the Moorpark Planning and Building agency prior to the issuance of permits. With implementation of these measures, the Project would be consistent with the City’s EIR.  Population/Housing. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The Project would not result in displacement of people or existing housing. The Project is consistent with the City’s General Plan and zoning. Therefore, no further CEQA analysis is warranted.  Public Services. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The payment of SB 50 fees would fully mitigate potential impacts to school facilities. The added homes and population would not significantly impact the Ventura County Fire District or Sheriff’s Office, according to the City’s EIR.

The Project is therefore consistent with the City’s EIR.  Recreation. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The City’s General Plan results in new or expanded recreational facilities to address additional residents. With implementation of City requirements regarding parks, the Project would be consistent with the City’s EIR.  Transportation. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The Project would not conflict with any program, plan, ordinance, or policy addressing the transit, roadway, bicycle, and MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024

pedestrian facilities. The General Plan would achieve a 15 percent reduction in VMT compared to current conditions. With implementation of the City’s VMT requirements, the Project would be consistent with the City’s EIR.
 Tribal Cultural Resources. The City’s EIR identifies impacts on tribal cultural resources as less than significant with mitigation implemented. For mitigation, developers must hire an archaeologist (PQS) to develop and submit an Archaeological Monitoring Plan (AMP) to the City. The AMP would include consultation with interested tribes, Native American Tribal Monitoring, and protocols in the event of inadvertent cultural resource discoveries. With implementation of these measures, the Project would be consistent with the City’s EIR.
 Utilities/Service Systems. The City’s EIR states that the implementation of the Moorpark General Plan 2050 would not result in a potentially significant environmental impact. The City’s EIR explains that available water supplies are sufficient for projects which follow the Moorpark General Plan and that no new expanded electric power, natural gas, or telecommunication facilities are required. The City’s EIR states that the construction of expanded storm drainage facilities would not result in significant environmental impacts. The Project is consistent with the General Plan and with implementation of City building code requirements, the Project would be consistent with the City’s EIR.
 Wildfire. The City’s EIR states that the Moorpark General Plan 2050 would have a significant and unavoidable impact on wildfire risk and exposure to pollutants. The City Council adopted a Finding of Overriding Consideration for wildfire. The Project would have no increased severity of impacts based on new information not known when the City’s EIR was certified. The Project would not expose people or structures to significant risks due to post-fire slop instability or drainage changes.

Because of this, the Project is consistent with the City’s EIR.

The following section would discuss the four elements the Court of Appeals defined as exceptions to CEQA’s Section 15183. By meeting the conditions of these four elements, the Project appears to require no further CEQA review.
 “No peculiar specific impacts.” The Project site is in a Neighborhood Low (NL, 8 dwelling units per acre) zone. The density of the Project is approximately 6 dwelling units per acre. The Project adheres to the NL zoning and is an infill development providing single-family homes at a similar scale as the surrounding neighborhood context. Therefore, La Perch is not a Project with a peculiar impact.
 “No significant impacts not evaluated in a prior Environmental Impact Report (EIR)” for the City’s General Plan and Housing Element.” The EIR published in 2023 provides a comprehensive and recent analysis of impacts. La Perch does not create significant impacts not considered in the EIR.  “No significant off-site or cumulative impacts not evaluated in the City’s prior EIRs.” The City’s EIR analyzed the Project site as a residential zone and considered cumulative impacts.  “No increased severity of impacts based on new information not known when the City’s prior EIRs were certified.” No new information increasing the severity of impacts exists.

MEMORANDUM: CEQA Section 15183 Exemption for La Perch
March 11, 2024

Please contact Mike Tucker at [email protected] or 858-610-6089 should you have any questions or comments.

Cc: Danielle Prigmore, Shea Homes
Brooke Doi, Shea Homes

FIGURES
Figure 1 Local Vicinity
Figure 2 Land Use Diagram
Figure 3 Conceptual Site Plan

REFERENCES
Beeman, J. (2023). Due Diligence Level Review of the 7200 Walnut Canyon Road Site.

California Department of Toxic Substances Control. (2024, March 8). DTSC’s Hazardous Waste and Substances Site List. Retrieved March 8, 2024, from https://dtsc.ca.gov/dtscs-cortese-list/.

City of Moorpark. (2023). Final Environmental Impact Report Moorpark General Plan 2050.

City of Moorpark. (2023). Draft Environmental Impact Report Moorpark General Plan 2050 Volume 1 & 2. 12) Tract No. 35337, Revision to Conditions of Approval No. 130 Approve the revision to Conditions of Approval No. 130 to state as follows:
130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Tract No. 35337, Revision to Conditions of Approval No. 130 Recommendation
Approve the revision to Conditions of Approval No. 130 to state as follows:
130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-ofway width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer.

Background
The Spyglass Ranch Specific Plan was originally adopted on February 26, 2008. The Specific Plan allows the development of a maximum of 1,035 dwelling units consisting of a maximum of eight (8) estate residential dwelling units on 7.5 acres within the Estate Residential (0-2 du/ac) designation; 515 dwelling units on 115.6 acres within the Single-Family Residential (4-8 du/ac) designation, 222 dwelling units on 18.6 acres within the Courtyard Homes (8-15 du/ac) designation and 290 dwelling units on 14.5 acres of the Multi-Family Residential (15-20 du/ac) designation. The Specific Plan also includes a 6.5-acre park site, 85.8 acres of open space and

11.1 acres devoted to major circulation.

On June 28, 2016, City Council adopted a resolution to approve a six-year extension of Tentative Tract Map (TTM) No. 35337. TTM No. 35337 allows for the subdivision of 258.83 gross acres into 444 single-family residential lots, eight (8) estate residential lots, two (2) courtyard home lots, one TR 35337 COA

(1) multi-family residential or commercial lot, one (1) park lot and twenty-three (23) open space lots.

On July 26, 2022, City Council approve Final Tract Maps No. 35337-1 and 35337-2, which are the first two (2) phases of the five (5) phases within the Spyglass Ranch Specific Plan.

Recordation of Tract Map No. 35337-1 and 35337-2 extends the expiration of Tentative Tract Map No. 35337 by 48 months pursuant to Subdivision Map Act 66452.6.

Discussion
On September 12, 2024, Spyglass Ranch (Riverside) ASLI V, LLLP sent a letter requesting a revision to Condition No. 130 to be revised for clarification. The original condition reads as follows:
130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-ofway width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections.

Concerning the full-street improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvement costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 136 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-inlieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City.

The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer.

Through the City’s CIP program, Camino Del Norte was constructed to two full lanes between Main Street and Canyon Estates Drive. The Spyglass project will be responsible to construct ultimate street improvements for Camino Del Norte. Staff believes the revision to the condition will provide clarification and continuity of Conditions of Approval, and prevent any conflict with the neighboring tract development TTM No. 31593 Southshore.

Fiscal Impact
There is no direct fiscal impact to the recommendations for this item.

TR 35337 COA

Attachments
Attachment 1 – Spyglass Ranch Revised COA Request
Attachment 2 – Revised Conditions of Approval
Engineering

SPYGLASS RANCH (RIVERSIDE) ASLI V, LLLP
923 N Pennsylvania Ave. Winter Park, FL 32789
September 11, 2024
Mr. Remon Habib

CITY OF LAKE ELSINORE
130 S Main Street
Lake Elsinore, California 92530
RE: TRACT 35337 (SPYGLASS RANCH) – REQUEST FOR CONDITIONS OF APPROVAL AMENDMENT Dear Mr. Habib,
Mr. Habib,
Per our discussion, we would like to request a formal change to the conditions of approval for our Spyglass Ranch (Tract 35337) project. Specifically, we want to amend condition of approval number 130 (EOT COA), which requires “the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvements costs if applicant constructs the full street improvements.” In addition, “If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte.” Condition of approval number 130 (original 122) was written prior to South Shore and Spyglass (“Developers”) entering into a formal joint development and contribution agreement (“JDA”). A JDA has been executed, which covers the Developers respective obligations. Furthermore, Camino Del Norte (including the Main Street Intersection) has received significant improvements.

The following is our recommended amendment to condition of approval number 130. 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. Concerning the full-street improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvements costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the subdivider's applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-in-lieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer.

Please do not hesitate to contact us with any questions or requests.

Sincerely,
SPYGLASS RANCH (RIVERSIDE) ASLI V, LLLP, a Delaware limited liability limited partnership
By: Spyglass Ranch (Riverside) GP, LLC, a Delaware limited liability company, its general partner By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its sole member and manager
By: Avanti Management Corporation, a Florida corporation, its general partner By:

Andrew Dubill, Executive Vice President

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024

GENERAL

1. The proposed project (Tentative Tract Map No. 35337) proposes the subdivision of 258.83 gross acres (APN 377-250-011, 377-260-004, 005 and 006, 377-350- 004, 007, 008, 010, 014, 015, 016, and 017) into four-hundred fifty-one (451) single-family residential lots, eight (8) estate residential lots, two (2) courtyard home lots, one (1) multi-family residential or commercial lot, one (1) park lot and twenty-three (23) open space lots. The proposed project is located northeast of Interstate 15 at Main Street, on the east side of Camino Del Norte; within the Spyglass Specific Plan.

2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Tract No. 36567. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, agents, and consultants (collectively referred to individually and collectively as "Indemnities") from any claim, action, or proceeding to attack, set aside, void, or annul an approval by Indemnitees concerning approval, implementation and construction of the Spyglass Ranch Specific Plan, including the approval, extension or modification of TTM 35337 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnities 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.

4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
submitted to the Planning Division for processing within 48 hours of the project’s approval.

5. 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.

6. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Mitigation and Development Impact Fees include without limitation, Library Mitigation Fees, Park Capital Improvement Fees, Storm Drain Improvement and Drainage District Fees, TIF, TUMF, City Hall and Public Works Facilities Fees, Community Center Facilities Fees, Lakeside Facilities Fees, Animal Shelter Facilities Fees, Fire Facilities Fees, MSHCP, Stephen’s Kangaroo Rat Habitat will be assessed.

7. These conditions of approval replace and supersede the conditions of approval for the Tentative Tract Map No. 35337 that were approved by the City Council on July 27, 2010 and amended on April 14, 2015.

PLANNING DIVISION

8. Tentative Tract Map No. 35337 will expire six (6) years from July 27, 2016 unless within that period of time a final map has been filed.

9. Tentative Tract Map No. 35337 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, the map shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval.

10. The applicant shall defend, (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and/or Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents concerning the project attached hereto.

11. The City intends to file a Notice of Determination with the Riverside County Clerk’s office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $64.00 to pay for

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
the cost of such filing, in accordance with filing fees. This check shall be received by the secretary no more than 48 hours from the approval by the Council.

12. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format.

13. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008-07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions.

14. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project.

15. The applicant shall provide a Spyglass Specific Plan Amendment No. 1 Executive Summary listing all the changes that have been made with this approval. This shall include exhibits to clarify all changes. This document shall be submitted to the Planning Division for review and approval prior to approval of any final map including Tentative Parcel Map No. 35336 and Tentative Tract Map 35337. The Spyglass Ranch Specific Plan document shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council as set forth in the Conditions of Approval for Amendment No. 1 to the Spyglass Ranch Specific Plan. A complete Final Spyglass Ranch Specific Plan document, which includes the entire specific plan, shall be submitted for review and approval by the Community Development Director or designee within 45 days of approval by the City Council. No permit shall be issued until the Spyglass Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee.

Air Quality

16. The following measures are required to reduce project impacts relating to ROG, NOX, PM10 and PM2.5:
 Limit the simultaneous disturbance area to as small an area as practical.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
 Terminate soil disturbance when winds exceed 25 mph.
 Stabilize previously disturbed areas if subsequent construction is delayed.  Water exposed surfaces and unpaved haul routes at least three times daily.  Cover all stockpiles with tarps when left unattended for more than 72 hours.  Reduce speed on unpaved roads and haul routes to less than 15 mph.  Require 90-day low NOX tune-ups for off-road equipment.  Limit allowable idling to 5 minutes for trucks and heavy equipment.  Require use of Tier 3-rated engines for scrapers and dozers used in grading.
 Require installation of soot filters on all diesel equipment > 100 horsepower.  Encourage car pooling for construction workers.
 Limit lane closures to off-peak travel periods.
 Park construction vehicles off traveled roadways.
 Wet down or cover dirt hauled off-site.
 Wash or sweep access points daily.
 Encourage receipt of construction materials during non-peak traffic hours.  Sandbag construction sites for erosion control. (MM)

17. As operation-related impacts result primarily from mobile sources traveling to and from the project site, the proposed project shall incorporate any available TCM’s.

Such measures include, but are not limited to:

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
 Providing future transit access points within the development;  Including bicycle lanes in the project design; and/or  Providing an attractive pedestrian environment. (MM)

18. This map must comply with the Development Standards and Design Guidelines approved with the Spyglass Ranch Specific Plan. Construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions.
a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the Specific Plan, and shall be in substantial conformance with the approved Tentative Tract Map. b. Where the Specific Plan is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply.

19. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council.

20. The Developer shall disclose to all home buyers within a 300-foot radius of the boundaries of the proposed park site (Lot 468) that specific recreational facilities within the park may include the installation and operation of illumination devices.

21. Landscaping improvements shall be designed for and installed along private Street “JJ” in accordance with Spyglass Ranch Specific Plan Landscape Design Guidelines, Section 3. Said landscaping shall be maintained by the Homeowners Association (HOA) associated with Street “JJ”.

22. Trail directional signage shall be installed at both ends of private Street “JJ” to assist trail users. Sign fabrication, installation and maintenance shall be undertaken by the Homeowners Association. The specific design and locations for the signage shall be reviewed and approved by the Director of Community Development.

Prior to Recordation of Final Tract Map:

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024

23. The applicant shall comply with the attached Riverside County Fire Department conditions of approval.

24. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.

25. The applicant shall submit signed letters of authorization from affected abutting property owners in association with the proposed offsite street connections and improvements and offsite grading.

26. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval.

27. All of the improvements shall be designed by the developer’s Civil Engineer to the specifications of the City of Lake Elsinore.

28. The applicant shall initiate and complete the formation of a homeowners’ association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and the City Attorney’s office, and shall be recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance.
a. In the event that the Homeowners’ Association fails to meet its responsibilities with regard to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service.
b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity.
c. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas.
d. CC&Rs shall provide for maintenance of all slopes within the project boundaries to be maintained, repaired, and otherwise cared for by the HOA.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
e. CC&Rs shall provide for City review and approval of any annexation or deannexation of territory into or out of the HOA.
f. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA.
g. The City shall be made an express third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the CC&Rs in the event that the HOA fails to do so.
h. CC&R’s shall provide for the long term maintenance of private street “JJ” and associated streetscape landscaping.

29. All open space lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map.

30. The Final Map shall identify all street side yards and down slopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These areas shall be fully landscaped, irrigated and maintained by the HOA.

31. All trails shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map.

32. Offsite trail connection points shall be established at such time that offsite street or trail improvements are constructed. The trail connection points shall remain open and passable for the public and shall be so noted on the Final Map.

Prior to Issuance of Grading and Building Permits:

Air Quality

33. Upgraded filters on the ventilation system shall be installed for homes within 500 feet of the nearest I-15 travel lane. (MM)
Hazards & Hazardous Materials

34. Prior to issuance of the site grading permit, the applicant or developer shall finance

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
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the installation of up to eleven multi-level landfill gas detection probes at intervals of 100 feet, along the northerly and northwesterly edge of the landfill property to comply with CCR Title 27 and SCAQMD Rule 1150.1. The applicant or developer shall coordinate with Riverside County Waste Management Department (RCWMD), regarding the exact location of these landfill gas detection probes.

RCWMD shall be responsible for building the probes and for conducting periodic monitoring and maintenance of the permanently installed monitoring probes. (MM)

35. All debris shall be disposed of off-site, in accordance with current local, state and federal disposal regulations. When debris is removed, care shall be taken to look for potential hidden hazardous materials within the piles. Should hazardous materials be identified, disposal shall be in accordance with all federal and state regulations. (MM)

36. Prior to any demolition, renovation or any other activity that may disturb suspect regulated asbestos containing materials, either an inspection shall be performed by an accredited Building Inspector, or the affected materials shall be handled as asbestos-containing in accordance with all federal and state requirements. If future sampling identifies any such materials as asbestos containing materials they shall be properly abated and disposed of by a state-licensed abatement contractor prior to disturbance or demolition in accordance with all federal and state requirements, including the California Code of Regulation (CCR) and the Universal Waste Rule (40 CFR Part 9). (MM)

37. Prior to any activity that may cause lead exposure either to workers or tenants; lead based paint sampling shall be performed in accordance with all federal and state requirements. Should future renovation, repair or demolition disturb and suspect paint, a lead based paint inspection and/or risk assessment shall be conducted by a state or federally certified lead based paint inspector/assessor to identify areas of potential tenant or worker exposure in accordance with all federal and state requirements. Should any lead based paint be identified, such painted surfaces shall be properly disposed of as appropriate prior to demolition, following the requirements included in the CCR and the Universal Waste Rule. (MM) Noise Impacts

38. Single-family residential units abutting Elsinore Hills Drive (Planning Areas 4-6, 9, 11 and 12) shall either establish a buffer (be sited outside of the 98 foot contour), an acoustical barrier (wall or berm of 6 feet in height), or a combination thereof to

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meet the City Noise Element 65 dBA Ldn exterior noise level threshold for residential units. The acoustic barrier/earthen berm should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM).

39. Residential units in Planning Area 1 adjacent to I-15 and Camino Del Norte shall require a 12-foot acoustic barrier/earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the westernmost perimeter of Planning Area 1, the acoustic barrier/earthen berm shall be designed to taper, from 12-feet to 8-feet, to shield residential units with a direct line-of-sight to I-15. At the southeast corner of Planning Area 1, the acoustic barrier/earthen berm shall also be designed to taper from 12-feet to 6-feet, to shield those residential units nearest Camino Del Norte from traffic noise. The acoustic barriers/earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM)

40. Residential units in Planning Area 5 and 6 adjacent to I-15 and Camino Del Norte shall require a 10-foot acoustic barrier/earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the easternmost perimeter of Planning Area 6, the acoustic barrier/earthen berm shall be designed to taper, from 10-feet to 6-feet, to shield residential units with a direct line-of-sight to I-15. The acoustic barriers/earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM)

41. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to determine if the noise attenuation methods listed in Condition of Approval Nos. 30, 31, 32 & 35 remain necessary or if other methods or design measures can be utilized based on actual grade elevations.

42. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to confirm that individual or combination of barriers and setbacks have reduced exterior noise to below 65 dBA and interior noise to below 45 dBA. (MM)

43. Residential units abutting Elsinore Hills Drive (Planning Areas 4-5, 9, 11 and 12) shall require upgraded acoustic features capable of providing up to 23 dBA Ldn of mitigation for second-story residential facades with a direct line-of-sight to Elsinore Hills Drive. According to the hierarchy of structural noise mitigation listed below, these units would require standard dual-paned windows in order to meet the City’s interior noise standard. (MM)

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Exterior to Interior
Reduction Desired
Mitigation Measure(s) Needed
0-10 dBA None
10-20 dBA Close windows facing roadway. Provide supplemental ventilation.
20-25 dBA Close standard dual-paned windows. Provide
supplemental ventilation.
25-30 dBA Close up-graded dual-paned windows. Baffle vents and line ducts with absorbers. Provide supplemental
ventilation.
>30 dBA Custom upgrades (dual layer drywall, triple-paned windows, steel doors, etc.)

44. Residential units in Planning Area 1 adjacent to I-15 and Camino Del Norte shall require custom acoustic upgrades capable of providing up to 34 dBA Ldn of mitigation to meet the City’s interior residential noise threshold of 45 dBA Ldn. (MM)

45. Residential units in Planning Area 6 adjacent to I-15 and Camino Del Norte shall also require custom acoustic upgrades capable of providing up the 32 dBA Ldn of mitigation to meet the City’s interior residential noise threshold of 45 dBA Ldn. (MM)

46. A supplemental acoustic analysis shall be submitted in conjunction with the issuance of building permits for residential units adjacent to both Elsinore Hills Drive and Camino Del Norte to verify that adequate noise protection exists in perimeter residences to meet the City’s interior residential noise threshold of 45 dBA Ldn. Since the exterior tier of development will assist in shielding interior units, the above acoustic upgrades are needed only on the outermost tier or development. (MM)

47. Supplemental ventilation, in conjunction with air conditioning, shall be required in any livable space where window closure to shut out roadway noise is needed to meet interior noise standards. (MM)

48. Should Planning Area 5 and 6 be developed as commercial land uses, residential units abutting Elsinore Hills Drive shall be sited outside of the 118 foot contour. (MM)

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49. Upon submittal of final engineering design of the commercial uses, the project shall incorporate all mitigation measures to minimize hours of operation and reduce exterior noise levels resulting from potential noise source location, such as loading docks, speakerphones, music/live entertainment, to 65 dBA Ldn from 7 a.m. to 10 p.m. These measures shall be implemented to the satisfaction of the City Engineer. (MM)
Transportation and Traffic

50. On-site traffic signing/striping shall be implemented in conjunction with detailed construction plans for the project site. (MM)

51. In addition to participating in the Western Riverside TUMF program for General Plan improvements, the project shall participate in the phased construction of offsite intersection improvements through payment of established City of Lake Elsinore fees, payment of the project’s fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off-site facilities under appropriate fee credit agreements. (MM)

52. Prior to the issuance of a grading permit, the project applicant shall participate in the fair share traffic contribution of the Project Study Report (PSR) for the I-15/Main Street interchange. (MM)

53. The City’s Noise Ordinance shall be met during all site preparation activity.

Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays.

54. Upon violation by the applicant of the City’s Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City’s Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000.

55. The applicant shall install a weatherproofed 3’ X 3’ sign at the entrance to the

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project site identifying the approved days and hours of construction activity, and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124.

Biological Resources

56. Prior to the issuance of a grading permit, the project applicant shall submit a Revegetation Plan for creation of 0.51 acre of riparian or marsh habitat. The Revegetation Plan shall include but not be limited to the following to ensure the establishment of the vegetation: qualitative and quantitative performance standards, map showing the re-vegetation areas, site preparation information including grading requirements type of planting materials (e.g. species ratios, source, size material, etc.), planting program, success criteria including target functions and values, and detailed cost estimate. The cost estimate shall include all phases, including but not limited to, planting, plant materials, irrigation, maintenance, monitoring and report preparation. The report shall be prepared by a qualified restoration ecologist/biologist and subject to the approval of the Community Development Director. (MM)

57. The re-vegetation shall occur on property known as the “Cloverleaf” in the southern end of Lake Elsinore or other offsite mitigation parcels acceptable to the City. If the mitigation at the Cloverleaf property is not available, 0.51 acre of mitigation shall be provided at an alternative site or mitigation bank (the mitigation bank must have creation credits available), shall be approved by the Community Development Director, and must meet the following criteria:
 The site shall be part of a larger block of conserved habitat, or in an area that is targeted for conservation by the MSHCP. Specific locations could include Temescal Wash, proposed Core 1 and Core C of the MSHCP, or other appropriate sites surrounding Lake Elsinore.
 Hydrology shall be appropriate to allow for fully functional wetland habitat for habitat restoration.
 For areas adjacent to Lake Elsinore, the pre-mitigation elevations shall be above 1,260 feet above mean sea level (AMSL) for areas outside of the Back Basin levee, or above 1,246 feet AMSL within the Back Basin levee to insure that the mitigation site is not considered jurisdictional habitat prior to implementation of the mitigation program. (MM)

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58. Habitat created pursuant to the Re-vegetation Plan shall be placed within an open space easement dedicated to the City or transferred to the RCA subject to a Donation Agreement prior to or immediately following the approval of the Revegetation Plan. (MM)

59. The applicant shall enter in a Secured Agreement with the City of Lake Elsinore Planning Division consisting of a letter of credit, bond, or cash for implementation of the Re-vegetation Plan. (MM)

60. Prior to issuance of a grading permit and prior to approval of the Final Map (or Parcel Map) the applicant shall provide the Community Development Director with a copy of a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers and a copy of a Streambed Alteration Agreement issued by the California Department of Fish and Game (or evidence that no permit or agreement is required) for all project-related disturbances of any streambed. (MM)

61. Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre-construction focused species surveys within 30-days prior to any ground disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during pre-construction surveys, CDFG shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone.

The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. (MM)

62. To avoid impacts to nesting migratory birds, including raptors, the removal of potential nesting vegetation (i.e. trees, shrubs, ground cover, etc.) should be avoided during the nesting season, recognized from February 15 through August

31. If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be conducted on more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the vegetation used for nesting shall be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the occupied vegetation and should establish an adequate buffer (e.g., construction fencing) around the occupied vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be

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afforded larger buffers). Clearing/grading shall not occur within the buffer until the nesting event has completed. (MM)

63. The project shall pay appropriate MSHCP fees for impacts to the following animal and plant species covered by the MSHCP: coastal California gnatcatcher, Southern California rufous-crowned sparrow, Belding’s orange-throated whiptail, red-diamond rattlesnake, San Diego black-tailed jackrabbit, long-spined spineflower and Payson’s jewel flower. (MM)

64. To reduce impacts to the Stephen’s kangaroo rat, the project shall pay Riverside County SKR Habitat Conservation Plan Fees of $500 per acre prior to first ground disturbance. (MM)
Cultural Resources

65. Prior to issuance of grading permit(s) for the project, the applicant shall retain an archaeological monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. (MM)

66. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. (MM)

67. Prior to issuance of any grading permit, the project archeologist shall file a pregrading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in Condition of Approval No. 58 above, the archeological monitor’s authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archeological

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resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archeologist. (MM)

68. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the “most likely descendant.” The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. (MM)

69. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. (MM)

70. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM)

71. If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate Tribe. Notwithstanding any other rights available under the law, the decision of the CDD shall be appealable to the City of Lake Elsinore. (MM)

72. Prior to any grading at or near the vicinity of (P-33-3278 also known as SRS-781- 2), the Developer shall meet and confer with the appropriate Tribe to develop an appropriate controlled grading plan. The purpose of the controlled grading at and

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around the site is to afford the opportunity to determine whether any subsurface resources are associated with the site and if so, the significance of any such resources. All such controlled grading shall be monitored according to the provisions of the Agreement required in MM 4.4-2 shall apply. Further, if subsurface resources are discovered at the site, the provisions of MM 4.4-2 through 4.4-7 shall apply. (MM)

73. Any easements for grading provided to off-site developers shall be subject to the provisions of MM 4.4-2 through 4.4-8. (MM)

74. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District.

75. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD).

76. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District.
a. The homeowners’ association shall maintain water quality basins, landscaping, and open space drainage.

77. The developer shall submit plans to the electric utility company to layout the street lighting system. Decorative street light fixtures shall be utilized throughout the Specific Plan boundary as specified by the Specific Plan document. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City, consist of an LS2 or LS3 lighting system, and installed in accordance with City Standards.

78. The applicant shall meet all requirements of the providing electric utility company.

79. The applicant shall meet all requirements of the providing gas utility company.

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80. The applicant shall meet all requirements of the providing telephone utility company.

81. A bond is required guaranteeing the removal of all trailers used during construction.

82. The applicant shall comply with any/all requirements of the California Department of Transportation (Caltrans).

83. All signage shall be subject to Planning Division review and approval prior to installation.

84. Landscape Plans for the tract shall include vegetative screening of all retention basins and both sides of service roads and drainage easements.

85. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans.

86. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City’s Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60’) shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded.

87. The project shall provide primary and secondary access through all phases of development. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department.

Prior to Design Review:

88. All future structural development associated with this map requires separate Design Review approval.

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89. The existing residence on the project site shall be fully rehabilitated and brought up to Code prior to sale in association with the first phase of project development.

The rehabilitation of the residence shall require Design Review approval.

90. Prior to the existing residence being sold, the developer shall have a plaque prepared noting both the oral and written history associated with the residence.

The plaque shall be posted permanently within close proximity to the residence and shall remain visible from the adjacent street frontage.

91. Prior to the existing residence being sold, the developer shall investigate and consider having the residence registered as a historic structure with the Riverside County Historical Commission.

92. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived.

93. Architectural designs shall include the mitigation measures that reduce noise with mechanical ventilation and dual glazed windows as required by the MMRP.

94. All disturbed portions of natural open space areas shall be re-vegetated in accordance with applicable Specific Plan provisions and shall be maintained until established.

95. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy.

96. Down slopes adjacent to streets shall be maintained by the HOA.

97. A detailed fencing plan shall be required for review and approval during the Design Review process.

98. The applicant shall install walls and fencing along the perimeter of the subdivision

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in accordance with the approved Design Guidelines for the Spyglass Ranch Specific Plan.

99. Where perimeter walls separate the project from existing residences, the walls shall be installed prior to the commencement of construction of models and production units, to minimize construction noise and dust impacts to adjacent residents as much as possible.
100. Where views to open space are important, the applicant shall provide the appropriate view fencing.
101. Plans shall include the design of noise barrier walls required as mitigation measures for the project. Appropriate landscaping shall be required to soften the visual impact of these walls.
102. A detailed construction phasing plan shall be submitted for review and approval during the Design Review process.
a. Construction phasing plans shall include the location of construction fencing for each phase.
b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase.
c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 103. Primary and secondary access roads for each phase shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract.

ENGINEERING DIVISION
Prior to the approval of the final Tract Map, unless other arrangement is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted:

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104. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins.
105. Prior to commencement of grading operations, applicant is to provide to the City with a map of all proposed haul routes to be used for movement of export material.

All such routes shall be subject to the review and approval of the City Engineer.

Haul route plan shall be included as a separate sheet of the grading plan set. Haul route shall be submitted and approved prior to issuance of a grading permit. 106. Export sites within the Lake Elsinore City limits are required to have a City approved grading plan and permit prior to receiving material. 107. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way.
108. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies.
109. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded.
110. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.
111. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer.
112. The applicant shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities.
113. The applicant shall execute all permit agreements, post required permit security and pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF,

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K-Rat and Area Drainage Fees.
114. 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.
115. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards.
116. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved.
117. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner’s association or another maintenance entity approved by the City Council.
118. 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 property owner or property owner’s association.
119. Provide Engineering Division with a recorded copy of the Covenants, Conditions and Restrictions (CC&R’s) and/or other documentation in confirmation of Condition of Approval Nos. 109, 110 & 112).
120. Applicant shall develop and activate a Home Owner’s Association over the estate lots to provide for the maintenance of the private street/sidewalk on Street “JJ” 121. All lots within the estate lots area shall take access from Street “JJ”. 122. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 123. 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 offsite and onsite drainage facilities; and include a capacity analysis verifying the

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adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 124. 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, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement.
125. Roof drains shall not be allowed to outlet directly through coring in the street curb.

Roofs should drain to a landscaped area.
126. The applicant shall comply with all NPDES requirements in effect; including the submittal for plan check of a preliminary Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 127. Education guidelines and Best Management Practices (BMP) shall be provide to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement “A” in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more.) 128. The applicant shall provide BMP’s that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more.) 129. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of “Storm water Pollution, What You Should Know” describing preventing measures are available at City Hall.

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PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver – is strictly prohibited by local ordinances and state and federal law. 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. Concerning the fullstreet improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvement costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 136 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-in-lieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer.
131. The applicant shall construct half-width street improvements within the map boundaries and dedicate the full right-of-way on Elsinore Hills Road per General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

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132. Provide Pedestrian activated (push button) flashing beacons in advance of the trail crossing on Elsinore Hills Road.
133. All trail crossings shall be marked with a standard cross walk striping as defined in the MUTCD.
134. The applicant shall construct full width street improvements and dedicate the right of way on “A” to “D” Streets, “AA” to “HH” Streets as shown on the map and/or per design guidelines in the Specific Plan. Construction of all streets within each planning area/phase, and any required secondary access, shall be required prior to the first Certificate of Occupancy for the homes within that specific phase. 135. The applicant shall be responsible for acquiring right-of-ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right-of-ways, the City could assist the applicant in the Eminent Domain process at applicant’s cost.
136. All streets shall be constructed per adopted City Standards. Any deviation from City standards shall be approved by the City Engineer.
137. The applicant shall implement mitigation measures identified in the Traffic Analysis dated August 18, 2009, as specified in Section VIII. B (1) and (2) and Figure 84 of this Study to the satisfaction of the City Engineer.
138. The applicant shall provide fair share costs, as approved by the City Engineer, if the ultimate road improvements are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows:
a. Main Street/I15 Ultimate Interchange Upgrade and Project Study Report, Camino Del Norte(offsite) to La Strada and, Franklin Street to Main Street connection.
139. The applicant shall construct the traffic signals at Main/I-15 SB and NB on/off ramps. The City shall provide TIF or TUMF credit to the applicant. If TIF or TUMF credits are not sufficient to insure that applicant’s cost of construction of these signals do not exceed applicant’s payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with applicant to reimburse applicant for the difference between applicant’s cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

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applicant otherwise would be obligated to pay.
140. The applicant shall install a one-way stop sign on Street “B” at the Camino Del Norte/Street- “B” intersection (as shown on TTM 35337). However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the applicant shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final occupancy. 141. The applicant shall participate in “fair share” payment of offsite improvements if the off site improvements are not subject to TUMF or established City of Lake Elsinore fees, specified in Table 10 of the Traffic Analysis dated August 18, 2009 (revised) as specified in Section VIII. B (1) and (2) and figure 84 in this study to the satisfaction of the City Engineer.
142. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 143. The applicant shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets.
144. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for fee credits, or reimbursement, if fee credits are insufficient, shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds.
145. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per County standards unless otherwise approved by the City Engineer.
146. The development of Planning Area 1, 5, 6, 10, and 12 or shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the I15/Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

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147. The applicant shall submit a WQMP of the project for City’s review and approval. 148. The Parcel Map (TPM 35336) shall be recorded.
149. The Tract Map shall include the phasing boundaries consistent with the parcels of the Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps.

Prior to Issuance of a Grading Permit
150. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 151. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 152. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations.
153. An Alquist-Priolo study shall be performed as necessary on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 154. The applicant shall obtain all necessary off-site easements and/or permits for offsite grading, improvements, and/or drainage acceptance from the adjacent property owners prior to grading permit issuance
155. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way.
156. All grading shall be done under the supervision of a geotechnical engineer and he/she shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 157. The applicant shall provide erosion control measures as part of their grading plan.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

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The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement “A” in the Riverside County NPDES Drainage Area Management Plan.
158. The applicant shall provide the city with a copy of the waste water discharge identification (WDID) letter as proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits.
159. The applicant shall provide a SWPPP for post construction, which describes BMP’s that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval.
160. The applicant shall provide for City plan check approval a haul route plan as part of the grading plan set. In addition, a focused Traffic Mitigation/Management Plan related to construction activities shall be provided.
161. The applicant shall provide the City a copy of the Southern California Edison Letter of Non-Interference (SCE NIL) prior to grading permit issuance.

Prior to Issuance of Building Permit
162. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit.
163. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Impact Analysis dated August 18, 2009, as specified in Section VIII.B (1) and (2) and figure 84 in this study.
161a Prior to the issuance of the first building permit in the project, the applicant shall prepare an irrevocable reciprocal access agreement assuring permanent access to “JJ” Street for Lots 436 through 442 in a form approved by the City Attorney and recorded in the official land records of Riverside County. (Added by the Planning Commission at its March 17, 2015 hearing.)

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
164. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit.
165. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34).

Prior to Occupancy
166. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and/or off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 167. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 168. The traffic signals shall be installed per the Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer.
169. All signing and striping and traffic control devices for the required improvements of this development shall be installed.
170. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 171. The fair share cost of future improvements as a condition of this development shall be paid to include the construction of the traffic signal at the intersection of Elsinore Hills Drive and Camino Del Norte.
172. All water and sewer improvements shall be completed in accordance with Water District requirements.
173. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided in the form of the recorded CR&Rs and/or other City acceptable recorded documentation.

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
174. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained.
175. As-built plans shall be completed and signed by the City Engineer. 176. All improvement plans shall be digitized. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing the plans.
177. The WQMP “Water Quality Management Plan Covenant and Agreement” or other City acceptable documentation shall be executed and recorded

DEPARTMENT OF ADMINISTRATIVE SERVICES
176. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or Building Permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello-Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project.

Applicant shall make a four thousand two hundred ($4,200) non-refundable deposit to cover the cost of the legal process to participate in the CFD. 178. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed 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. Applicant shall make a seven thousand five hundred dollar ($7,500) nonrefundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City in lieu of creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124.
179. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant may form Community Facilities District to allow for the funding of (i) public facilities and (ii) the on-going operation and maintenance of the public right-of-way landscaped areas and

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements (“Maintenance Services”) to offset the annual negative fiscal impacts of the project.

Alternatively, if a CFD is not formed pursuant to the preceding sentence, applicant shall: (a) form a CFD solely for Maintenance Services or annex into an existing CFD for such services (e.g. Community Facilities District No. 2015-2 (Maintenance Services), or (b) the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a seven thousand five hundred dollar ($7,500) nonrefundable deposit to cover the cost of the formation or annexation process, as applicable. Contact the Administrative Services Director at 951-674-3124.

PARKS & RECREATION DEPARTMENT COMMUNITY SERVICES DEPARTMENT 180. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 181. The Home Owners Association (HOA) or another maintenance entity approved by the City Council shall maintain all trails.
182. The 6.5 acre public park (Lot 468) shall be conveyed to the City and shall be included in the Community Facility District for maintenance and renovation cost. 183. The developer, the developer’s successor or assignee, shall submit a Design Review Application to the Planning Division for review and approval in association with the proposed 6.5 acre public park (Lot 468). The actual design of the park shall be in substantial conformance with the conceptual designs and guidelines identified in the Spyglass Ranch Specific Plan document. 184. The following items shall be provided in the Park located on PA 7, PA 13, and PA 4 (also known as Lot 468):

One (1) ball fields with backstops
Two (2) bleachers
Restroom (approximately 300 sq. ft.)
On-site parking providing 25 to 30 spaces
Three small group picnic areas with two tables and benches with gazebo

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
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October 8, 2024
Three (3) barbeques
Three (3) hot ash containers
Eight (8) waste containers
Two (2) drinking fountains
Two (2) half-court basketball courts
Eight (8) benches
One (1) 2 to 5 year and one (1) 5 to 12 year playground with shade over the entire play area
Perimeter walking trail with minimum 6 exercise stations Park Monument entry sign per City identity Standard Guide Parking lot and walkway security lighting
Lockable entry gates into parking lot
185. The design of the public park (Lot 468) shall provide for pedestrian circulation and access for the disabled throughout the park. shall be in compliance with American with Disabilities Act (ADA) requirements.
186. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided.
187. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to approval of the final map. 188. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building permit. 189. Construction of the park shall commence pursuant to a pre-construction meeting with the developer, the developer’s construction contractor and City representatives. Failure to comply with the City’s review and inspection process my preclude acceptance of the park by the City.
190. The developer, the developer’s successor or assignee, shall be responsible for all maintenance of the public park site (Lot 468) and slope/landscaping areas including the 90-day maintenance period, until such time as those responsibilities are accepted by the City of Lake Elsinore.
191. The 6.5 acre public park site (Lot 468) shall be improved and dedicated then conveyed to the City free and clear of any liens, assessment fees, or easements

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
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October 8, 2024
that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property.
192. All private parks / tot lots, common areas, and open space areas will be maintained by the HOA or other maintenance entity approved by the City. 193. No park credits will be given for private facilities or private park areas. 194. Applicant shall dedicate 6.5 net acres for a public park and pay for park improvements.
195. Park shall be turn-key completed to the satisfaction of the Community Services Director and constructed upon prior to the issuance of the 100th notice of occupancy 125th building permit.
196. HOA, or other maintenance entity approved by the City, to maintain all natural and manufactured slopes.
(All Conditions of Approval amended by Staff prior to March 17, 2015 Planning Commission hearing regarding Amendment No. 1 to Tentative Tract Map No. 35337; with strikethrough text being deleted and underlined text being added.)

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024

CITY OF LAKE ELSINORE

CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 35337

WITHIN THE SPYGLASS RANCH SPECIFIC PLAN

October 8, 2024
13) Tract No. 31593, Revision to Conditions of Approval No. 47 Approve revisions to Condition of Approval No. 47 to state as follows:

47. Install a traffic signal at Camino Del Norte and Elsinore Hills Road and install ultimate intersection improvements prior to the 120th Certificate of Occupancy.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Tract No. 31593, Revision to Conditions of Approval No. 47 Recommendation
Approve revisions to Condition of Approval No. 47 to state as follows:

47. Install a traffic signal at Camino Del Norte and Elsinore Hills Road and install ultimate intersection improvements prior to the 120th Certificate of Occupancy.

Background
On November 8, 2005, the City Council approved Mitigated Negative Declaration (MND) No. 2005-08 and Tentative Tract Map (TTM) No. 31593 (Southshore) for the subdivision of approximately 227 acres into 521 residential lots with five (5) community pocket parks. The expiration of TTM No. 31593 was extended through a series of automatic and discretionary extensions, the most recent of which was a 48-month extension pursuant to Subdivision Map Section 66452.6 after City Council approval and recordation of Tract Map No. 31593-1 on April 12, 2022, and April 20, 2022, respectively.

Discussion
On September 12, 2024, SAM Elsinore LLC sent a letter requesting a revision to condition No.

47. The original condition reads as follows:

47. Applicant shall submit an updated traffic study which analyzes and mitigates the impact of this project on the affect infrastructure for staff approval.

Through the City’s CIP Program, Camino Del Norte between Main Street and Canyon Estates Drive was constructed to two full lanes, and Main Street Interchange including adjacent intersections have been fully improved and signalized. With these important segments completed, the construction of the traffic signal and ultimate intersection improvements at the future TR 31593 COA

intersection of Camino Del Norte and Elsinore Hills Road will mitigate traffic impacts of this project that may be identified in a traffic study.

Staff believes the revision of the condition to construct the improvement will help transition the project into construction in an efficient manner.

Fiscal Impact
There is no direct fiscal impact to the recommendations for this item.

Attachments
Attachment 1 - Southshore Revised COA Request
Attachment 2 - Revised Conditions of Approval
Engineering

SAM ELSINORE, LLC
1200 QUAIL STREET, SUITE 220
NEWPORT BEACH, CALIFORNIA 92660
(714) 318-3500
September 12, 2024
Mr. Remon Habib

CITY OF LAKE ELSINORE
130 S Main Street
Lake Elsinore, California 92530
RE: TRACT 31593 (SOUTHSHORE) – REQUEST FOR CONDITIONS OF APPROVAL AMENDMENT Dear Mr. Habib,
Per our discussion, we would like to request a formal change to the conditions of approval for our Southshore (Tract 31593) project. Specifically, we want to amend condition of approval number 47, which requires “applicant shall submit an updated traffic study which analyzes and mitigates the impact of this project on the affected infrastructure for staff approval”.

We believe a traffic signal at the intersection of Camino Del Norte and Elsinore Hills Road would be the only potential mitigation identified in an updated traffic study. Therefore, we would be supportive of eliminating the requirement for an updated traffic study, and agree to installing a traffic signal at the intersection of Camino Del Norte and Elsinore Hills Road. This revision would eliminate uncertainty and help the project transition into construction in a more efficient way.

The following is our recommended amendment to condition of approval number 47.

47. Applicant shall submit an updated traffic study which analyzes and mitigates the impact of this project on the affected infrastructure for staff approval. Install a traffic signal at Camino Del Norte and Elsinore Hills Road and install ultimate intersection improvements prior to the 120th certificate of occupancy.

Please do not hesitate to contact us with any questions or requests.

Sincerely,

SAM ELSINORE, LLC
Erik Lunde
Member
Applicants Initials: _____ Page 1 of 13

CONDITIONS OF APPROVAL
RESOLUTION: 2016-XX
PROJECT: TTM 31593
PROJECT NAME: Southshore
PROJECT LOCATION: APNs: 347-250-006, 007, 008, 347-350-003, 004, 005, 008, 009, 010, 013, 018, 347-360-006 and 007
APPROVAL DATE: November 8, 2005
EXPIRATION DATE: November 8, 2020

GENERAL

1. Tentative Tract Map (TTM) No. 31593, Revision No. 1 is a subdivision of 227 acres into 490 single family residential lots, 13 lettered lots, a 5.5-acre park site, and a water quality basin (Project). The Project is located southerly of Rosetta Canyon Road and easterly of I-15 Freeway and Camino Del Norte (APNs: 347-250-006, 007, 008, 347-350-003, 004, 005, 008, 009, 010, 013, 018, 347-360-006 and 007).

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 Tentative Tract Map No. 31593, 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 Tentative Tract Map No. 31593 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.

The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Tract Map No. 31593, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense.

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 TTM 31593
Conditions of Approval City Council: October 8, 2024
Applicants Initials: _____ Page 2 of 13
Development Department for inclusion in the case records.

4. Tentative Tract Map No. 31593 will expire on November 8, 2020 unless within that period of time a Final Map has been filed with the County Recorder in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

PLANNING DIVISION

5. The Tentative Tract Map Extension will expire in two (2) years or twenty-four (24) months or November 8, 2009, unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC.

6. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the LEMC, Title 16 unless modified by approved Conditions of Approval.

7. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements.

8. The applicant shall designate a minimum of five (5) acres of land on site to include a Park Site and Neighborhood Recreation Lot. Said Park Site shall be no less than three and a half (3.5) acres in size, and shall include recreation facilities (i.e. ball fields, tot lot with play equipment, etc.). Said Neighborhood Recreation Lot shall be not less than 1.5 acres in size, and shall include recreational amenities-(including parking, a patio area, a clubhouse of not less than 2,000 square feet and a community pool of not less than 3,000 square feet) The proposed Neighborhood Recreation Lot and amenities thereon shall be maintained by the Home Owner's Association (HOA).

9. Prior to the recordation of the Final Map, the Applicant shall submit a preliminary concept plan of the proposed recreation facilities and amenities on the Park Site and Neighborhood Recreation (HOA) Lot to the Community Development Director of Community Services for review and approval. Applicant shall also post a performance bond consistent with current market construction costs at the time of park development in the amount of two million dollars ($2,000,000.00) guaranteeing the construction of the park as provided herein which shall stay in place until the completion of the improvements to the Park Site (Amended at City Council meeting of October 27, 2009).

10. Prior to the issuance of the first building permit, the Applicant shall submit to the Community Development Director, for review and approval, detailed park facilities plans, landscape plans, irrigation plans and such other plans as may reasonably be required for purposes of constructing a five (5) acre "turn-key" Public Park and Home Owner's TTM 31593
Conditions of Approval City Council: October 8, 2024
Applicants Initials: _____ Page 3 of 13
Association Neighborhood Recreation Lot.

11. The applicant shall grade the Park Site and Neighborhood Recreation Lot to provide a minimum of five (5) acres and shall secure the Site against erosion.

12. Prior to the issuance of the one hundredth (100th) first (1st) Certificate of Occupancy for Tract No. 31593, the Applicant shall complete construction of the Park Site. Prior to the issuance of the one hundred and fiftieth (150th) Certificate of Occupancy or thirty-six (36) months after the first (1st) Certificate of Occupancy, the Applicant shall complete construction of the Neighborhood Recreation (HOA) Lot and amenities. All improvements and amenities shall be consistent with the preliminary plan and the requirements herein such that the Park Site and Neighborhood Recreation Lot are in a "turn-key" condition (Amended at City Council meeting of October 27, 2009).

13. With respect to park fees paid or to be paid by Applicant, Applicant shall be entitled to a fee credit (or fee reimbursement for park fees already paid) to the extent of Applicant's actual on-site construction costs of the park improvements on the Park Site.

14. The applicant shall comply with all the mitigations contained and identified in the Mitigated Negative Declaration No. 2005-08.

15. All lots shall comply with minimum standards contained in the LEMC.

16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.

17. The applicant shall comply with all conditions of the Riverside County Fire Department.

18. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).

19. AII future structural development associated with this map shall require separate Design Review approval.

20. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department.

21. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan.

22. Prior to issuance of building permit, the applicant shall submit a letter of verification (willserve letter) to the City Engineer, for all required utility services.

23. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits.

24. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of TTM 31593
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each building permit.

25. The applicant shall pay all applicable fees including park fees.

26. The applicant shall meet all requirements of the providing electric utility company.

27. The applicant shall meet all requirements of the providing gas utility company.

28. The applicant shall meet all requirements of the providing telephone utility company.

29. A bond is required guaranteeing the removal of all trailers used during construction.

30. AII signage shall be subject to Planning Division review and approval prior to installation.

31. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday.

Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays.

32. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Landscaping and Lighting Maintenance District (LLMD).

33. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Community Facilities District (CFD).

ENGINEERING

34. Construct Elsinore Hills Road at full width secondary arterial standard (70'/90') within project boundaries by first certificate of occupancy.

35. Construct Elsinore Hills Road from the project's south boundary to Camino Del Norte (identified in the TIA as proposed CFD links H and G). Two full lanes and shoulders are the minimum requirement. At intersections, additionally widening will be required for left turn lanes-all prior to first certificate of occupancy. The roadway shall be designed to secondary arterial standards.

36. Construct Camino Del Norte to two full lanes and shoulders (proposed CFD link F) prior to first certificate of occupancy. The roadway shall be designed to be consistent with the approved General Plan Circulation Element.

37. Improve the intersection of Camino Del Norte and Main Street as determined by the approved Traffic Study prior to first certificate of occupancy.

38. Install a traffic signal at Main Street and the northbound 1-15 ramps prior to the 100th certificate of occupancy or as satisfied by the City Engineer pending Caltrans process (Amended at City Council Meeting of November 8, 2005).

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39. Construct Elsinore Hills Road to full width and connect to Tract 25478 prior to first certificate of occupancy.

40. Join the proposed CFD when it is formalized. If CFD is not formed, the project shall be eligible for fair share reimbursement from future developments in the area (Amended at City Council Meeting of November 8, 2005) if the CFD exists.

41. AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.

42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).

43. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project.

Submit this letter prior to final map approval.

44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC

16.34).

45. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34).

46. Street and alley improvement plans and specifications shall be prepared by a Calif.

Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and

16.34).

47. Applicant shall submit an updated traffic study which analyzes and mitigates the impact of this project on the affected infrastructure for staff approval. Install a traffic signal at Camino Del Norte and Elsinore Hills Road and install ultimate intersection improvements prior to the 120th Certificate of Occupancy.

48. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval.

49. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements.

50. Desirable design grade for local streets shall not exceed 12%.

51. Interior streets shall be designed with 12% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %

52. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78).

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53. AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8½” x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved.

54. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer.

55. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval.

56. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent.

57. Provide fire protection facilities as required in writing by Riverside County Fire.

58. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer.

59. Developer shall annex to the City's Street Lighting and landscaping Maintenance District.

60. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.

61. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract.

62. AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC lnfo/GIS or developer to pay $300 per sheet for City digitizing.

63. AII utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility.

64. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins.

65. Provide soils, geology and seismic report including street design recommendations.

Provide final soils report showing compliance with recommendations.

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66. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site.

67. AII grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured with drainage improvements installed per City Standards.

68. Prior to commencement of grading operations, applicant to shall provide to the City with a map of all proposed haul routes to be used for movement of import/export material. Such routes shall be subject to the review and approval of the Planning Commission and City Council, per LEMC 15.72.065 (as amended by the Planning Commission at the July 6, 2010 meeting).

69. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer.

70. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement.

71. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions".

72. AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer.

73. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage.

74. AII drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. All storm drain facilities larger than 36” will be accepted and maintained by the Riverside County Flood Control District.

75. Storm drain inlet facilities shall be appropriately stenciled to discourage illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer.

76. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible.

77. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed.

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78. A drainage acceptance letter will be necessary from the downstream property owners for conveying the proposed storm water run-off on private property.

79. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed.

80. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer.

81. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association.

82. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board.

83. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed.

84. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented.

85. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities.

86. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.

87. Applicant shall provide first blush BMP’s using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles.

88. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement shall be recorded to limit the slope, type of landscaping and wall placement.

89. Intersecting streets on the inside radius of a curve will only be considered when adequate sight distance is verified by a registered civil engineer.

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90. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb.

Restricted local streets (cui-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side.

91. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right-ofway with 36 ft. Curb-to-curb and a 3 ft. utility easement on each side of the street. Singleloaded local streets shall not have less than a 45 ft. right-of-way with a 3 ft. utility easement and 36 ft. curb-to-curb

92. No residential lot shall front and access shall be restricted on collector streets and so noted on the final map.

93. AII parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation.

94. Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access for an adjacent parcel (considering available option along the entire boundary of the parcel) to Elsinore Hills Road, City shall inform Developer and Developer agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Developer offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property (Amended at City Council Meeting of November 8, 2005).

95. The Developer shall provide access to adjacent properties needing access through this development by public right-of-way or access easement based on a reasonable accessibility determination to the satisfaction of the City.

96. If right-of-way is abandoned as part of this development, then adjacent property affected by the abandonment's must still have access to public maintained right-of-way.

97. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map.

98. Developer to provide access to property owners and utility agencies to property to the west of the tract including during construction.

99. If necessary, applicant must submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to the 50th certificate of occupancy.
100. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development TTM 31593
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Director prior to recordation of final map.
101. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage.
102. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space.
103. Developer shall provide an approved open space conservation easement for the tracts open space with a fuel modification zone for a fire break to be maintained by a homeowner’s association.
104. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 105. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner.
106. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval.
107. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. (Amended at City Council Meeting of November 8, 2005).
108. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. or current franchisee for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 109. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees.

CITY OF LAKE ELSINORE FIRE MARSHALL
General Conditions
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110. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of Fire Department conditions to forward them to all interested parties. The permit number is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 111. Blue Dot Reflectors - Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 112. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500’ and 250’ maximum distance from any point on the street or road frontage to hydrant.

Standard Fire hydrants shall be installed (6”x4”x2-1/2”). 113. Standard Fire Hydrants - Super fire hydrants (6” x 4” x 2-2 1/2”), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measures along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant(s) in the system.
114. Minimum Access Standards - The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions:

A. Twenty-four feet (24’) clear width. Where parking is to be provided, each parking side shall be provided with eight (8’) additional feet on each side of the fire department access.

B. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973].

C. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles.

D. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads.

E. Turning Radius shall be 26’ inside and 38’ outside for all access roads. 115. Secondary Access - In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation.
116. Separation of Occupancy - A fire barrier wall for the separation of occupancies is TTM 31593
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required per the California Building Code. Fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be effectively and permanently identified with signs or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than 0.5 inch in height, incorporating the suggested wording “FIRE AND/OR SMOKE BARRIER-PROTECT ALL OPENINGS,” or other wording.

Prior to Building Permit Issuance
117. Plan Check Fee - Building plan check fees shall be made payable to the “City of Lake Elsinore”, and shall be submitted to the Fire Department at the time of plan submittal. 118. Water System Plans - Applicant and/or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and/or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit.
119. Prior to Building Construction Verification - This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site.

During such inspection all permanent road signs shall be in place, all hydrants shall on operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation.

Prior to Building Final Inspection
120. Residential Fire Sprinkler Systems for Single family and two-family 13D - Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C-16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation.

ADMINISTRATIVE SERVICES DEPARTMENT
Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 121. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the applicant shall annex 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. 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 seven thousand five hundred dollars ($7,500) non-refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable.

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Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
122. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a seven thousand five hundred dollars ($7,500) nonrefundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable.

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 December 13, 2016. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:
14) Tract Map No. 38271, Laguna Pointe

1. Approve Final Tract Map No. 38271 subject to the City Engineer’s acceptance as being true and correct;

2. Authorize the City Clerk to sign the map and arrange for recordation of Final Tract Map No. 38271; and

3. Authorize the City Manager to execute Construction Agreements for Street Improvements and Monumentation.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Tract Map No. 38271, Laguna Pointe
Recommendation

1. Approve Final Tract Map No. 38271 subject to the City Engineer’s acceptance as being true and correct;

2. Authorize the City Clerk to sign the map and arrange for recordation of Final Tract Map No. 38271; and

3. Authorize the City Manager to execute Construction Agreements for Street Improvements and Monumentation.

Background
Laguna Pointe (Project) is located on the southwest side of Lakeshore Drive at the intersection of Lakeshore Drive and Gunnerson Street. With Tract Map No. 38271, the Project proposes to subdivide approximately a 10-acre site into one (1) 9.71-acre lot for condominium purposes to construct 140 two-story attached condominium residences and one (1) lot dedicated for public street and utility purposes. The condominium residences will have floor plans ranging in size from 1,807 square feet to 2,008 square feet. All future public improvements have been secured.

Discussion
Per Subdivision Map Act 66474.1, Tract Map No. 38271 has been reviewed and it has been determined that it is in substantial conformance to the previously approved Tentative Tract Map No. 38271. All Conditions of Approval relative to the final tract map approval have been satisfied.

Tract Map No. 38271

Fiscal Impact
Public improvements are to be constructed by the developer. The security posted is sufficient for the City to complete the construction if needed. Staff time was utilized to prepare the documents.

Attachments
Attachment 1 - Final Boundary Map
Attachment 2 - Vicinity Map
Attachment 3 - Construction Agreements
Engineering

VICINITY MAP

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Landscape Maintenance Agreement Between California Department of Transportation (Caltrans) and the City of Lake Elsinore for I-15 Main Street Interchange
Recommendation
Approve and authorize the Mayor to execute a Landscape Maintenance Agreement with the California Department of Transportation for the maintenance of landscape and irrigation in final form as approved by the City Attorney.

Background
On October 25, 202, the Council approved a professional services agreement with David Evans and Associates, Inc. for landscape design services at Main Street Interchange.

David Evans completed planting and irrigation plans, and Caltrans issued an Encroachment Permit for the project on August 12, 2024.

The project is currently out to bid, with the Bid opening Date set for October 9, 2024.

Staff coordinated the attached agreement with Caltrans District 8 staff to ensure that maintenance tasks occur in a timely manner and that installed plants and irrigation lines will continue to function as desired.

Discussion
The agreement identifies the maintenance responsibilities of the City for the newly constructed landscape of the I-15 Main Street Interchange.

Landscape Maintenance Agreement

Maintenance responsibilities include inspection, repair, and replacement of landscape and irrigation components. The City shall ensure that landscaped areas are provided with the routine maintenance necessary to maintain a neat and attractive appearance and provide water and fertilizer necessary to sustain plant growth throughout the life of the agreement.

Caltrans will provide authorization and encroachment permits necessary for long-term maintenance of the facility.

Fiscal Impact
There is no direct fiscal impact from executing the agreement. All costs associated with the Maintenance tasks outlined in the agreement will be brought to the Council as part of future Capital and operating budgets.

Attachments
Attachment 1 - Landscape Maintenance Agreement
Exhibit A - Maintenance Exhibit
Exhibit B - Self-Insured letter
Engineering
1 LANDSCAPE MAINTENANCE AGREEMENT
WITH THE CITY OF Lake Elsinore
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of Lake Elsinore; hereinafter referred to as “CITY” and collectively referred to as “PARTIES.”

1. The PARTIES hereto mutually desire to identify the maintenance responsibilities of CITY for newly constructed or revised improvements within STATE’s right of way by Encroachment Permit number _08-24-N-LF-0052.

2. This Agreement addresses CITY’s responsibilities for the 1 I 15 Main Street Landscape Project (collectively the “LANDSCAPING”) placed within State Highway right of way on Interstate 15, as shown on Exhibit A, attached to and made a part of this Agreement.

3. Maintenance responsibilities that include, but are not limited to, inspection, providing emergency repair, replacement, and maintenance, (collectively hereinafter “MAINTAIN/MAINTENANCE”) of LANDSCAPING as shown on said Exhibit “A.”

4. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

5. When a planned future improvement is constructed and/or a minor revision has been effected with STATE’s consent or initiation within the limits of the STATE’s right of way herein described which affects PARTIES’ division of maintenance responsibility as described herein, PARTIES will agree upon and execute a new dated and revised Exhibit “A” which will be made a part hereof and will thereafter supersede the attached original Exhibit “A” to thereafter become a part of this Agreement.

5.1. The new exhibit can be executed only upon written consent of the PARTIES hereto acting by and through their authorized representatives. No formal amendment to this Agreement will be required.
1 List pertinent items, list can include, but is not limited to, landscaping, planting, irrigation systems, hardscaping (Define Hardscaping) mulches, control, litter and weed removal, Biofiltration Swales, Linear Radial Gross Solid Removal Devices, sidewalks, bike paths, and parking restriction signs.

If there are different MAINTENANCE responsibilities for each of the items in the list, group them together and name each group, e.g., LANDSCAPING, IMPROVEMENTS, SYSTEM, etc. Once they are defined as named “collectively”, you do not refer to them individually again. Delete footnote before sending to locals. 1 6. CITY agrees, at CITY’s expense, to do the following:

6.1. CITY will MAINTAIN or have authorized licensed contractor with appropriate class of license in the State of California, to MAINTAIN LANDSCAPING conforming to those plans and specifications (PS&E) pre-approved by STATE.

CITY will have in place a valid necessary encroachment permits prior to the start of any work within STATE’S right of way.

6.1.1. An Encroachment Permit rider may be required for any changes to the scope of work allowed by this Agreement prior to the start of any work within STATE's right of way

6.2. CITY shall ensure that LANDSCAPED areas designated on Exhibit “A” are provided with adequate scheduled routine MAINTENANCE necessary to MAINTAIN a neat and attractive appearance including providing for water, and fertilizer necessary to sustain healthy plant growth during the entire life of this Agreement.

6.2.1. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public.

6.2.2. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required.

6.2.3. To expeditiously MAINTAIN, replace, repair or remove from service any LANDSCAPING system component that has become unsafe or unsightly.

6.3. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by CITY.

6.4. To MAINTAIN, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel.

6.5. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, 1 rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 08 Maintenance at 464 w 4 Street San Bernardino CA 92401.

6.6. CITY shall ensure LANDSCAPING within the Agreement limits provide an acceptable walking and riding surface, and will provide for the repair and removal of dirt, debris, graffiti, weeds, and any deleterious item or material on or about the LANDSCAPING in an expeditious manner.

6.7. To MAINTAIN all parking or use restrictions signs encompassed within the area of the LANDSCAPING.

6.8. To remove LANDSCAPING and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein.

7. STATE may provide CITY with timely written notice of unsatisfactory conditions that require correction by the CITY. However, the non-receipt of notice does not excuse CITY from maintenance responsibilities assumed under this Agreement.

8. STATE shall issue encroachment permits to CITY at no cost to it.

9. CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to STATE’s Encampment Removal policy, MPD 1001 R1 and applicable State and Federal law.

Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations in shown in Exhibit A.

10. CITY’S graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 8 Transportation Art Coordinator before conducting any graffiti removal or remediation.

11. LEGAL RELATIONS AND RESPONSIBILITIES:
1 11.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not party to this Agreement, or affect the legal liability of either PARTY to this Agreement by imposing any standard of care respecting the design, construction and maintenance of these STATE highway improvements or CITY facilities different from the standard of care imposed by law.

11.2. If during the term of this Agreement, CITY should cease to MAINTAIN the LANDSCAPING to the satisfaction of STATE as provided by this Agreement, STATE may either undertake to perform that MAINTENANCE on behalf of CITY at CITY’s expense or direct CITY to remove or itself remove LANDSCAPING at CITY’s sole expense and restore STATE’s right of way to its prior or a safe operable condition. CITY hereby agrees to pay said STATE expenses, within thirty (30) days of receipt of billing by STATE. However, prior to STATE performing any MAINTENANCE or removing LANDSCAPING, STATE will provide written notice to CITY to cure the default and CITY will have thirty (30) days within which to affect that cure.

11.3. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement with the exception of those actions of STATE necessary to cure a noticed default on the part of CITY.

11.4. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

11.5. PREVAILING WAGES:
1 11.5.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY'S own forces is exempt from the Labor Code's Prevailing Wage requirements.

11.5.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

11.6. SELF-INSURED2 - CITY is self-insured. CITY agrees to deliver evidence of selfinsured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter (“Letter of SelfInsurance”), satisfactory to STATE, certifying that CITY/COUNTY meets the coverage requirements of this section. This Letter of Self-Insurance shall also identify the LANDSCAPING location as depicted in Exhibit A. CITY shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT.

A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B.

11.7. SELF-INSURED3 using Contractor - If the work performed under this AGREEMENT is done by CITY‘s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the 2 Delete if not self-insured 3 Delete if not self-insured 1 STATE that shall be delivered to the STATE with a signed copy of this Agreement.

12. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

13. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 & 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 1 IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF Lake Elsinore STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By: __________________________
Steve Manos, Mayor
Initiated and Approved
By: ___________________________
Jason Simpson, City Manager
By: ___________________________
Joe Solis
Deputy District Director
Maintenance District 08
ATTEST:

By: __________________________
Candice Alvarez, City Clerk
By: __________________________
Barbara Leibold, City Attorney
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NOT TO SCALESCALE: 1 SHEETSSHEET 1 OF
SIGNATURE:

CITY OF LAKE ELSINORE DATE
SIGNATURE:

CALTRANS APPROVAL DATE
12/21/2023DATE:

ROUTE 15 AND MAIN STREET
PM 20.5 - 21.5
EXHIBIT "A"
EXHIBIT "A"
ENCROACHMENT PERMIT NO. TBD

EXECUTED

LANDSCAPE MAINTENANCE AGREEMENT
LEGEND:

MAINTAINED BY THE CITY OF LAKE ELSINORELANDSCAPE IMPROVEMENT AREA TO BE CALTRANS RIGHT OF WAY 56 0382LBRIDGE NO.
56 0382R
BRIDGE NO.
12-27-2023

951-674-3124
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
WWW.LAKE-ELSINORE.ORG

EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
September 16, 2024
California Department of Transportation

CALTRANS
464 W. Fourth Street
San Bernardino, CA 92410
ATTN: Ernesto Altamirano, Landscape Associate
Re: Statement of Self-Insurance for CITY of LAKE ELSINORE Related to Main Street Landscape Maintenance Agreement with the State of California Department of Transportation (“STATE”) Along I-15 at PM 20.5 – 21.5
Dear Mr. Altamirano:

This letter certifies that the CITY of Lake Elsinore is self-insured and self-funded covering thirdparty claims arising out of its general operations (i.e.; commercial general liability and automobile liability insurance). Further, the CITY is self-insured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.

Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.

The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, and meets the required coverage amounts in section 21 (Insurance) of the Landscape Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.

If you need any additional information regarding this letter, please direct those inquiries through my office.

Sincerely,
Shannon Buckley
Assistant City Manager
16) Professional Services Agreement with Albert A. Webb Associates for On-Call Traffic Engineering Services
Approve and authorize the City Manager to execute the Professional Services Agreement with Albert A. Webb Associates for on-call traffic engineering services in the amount of $150,598 per year for a three-year term, in such final form as approved by the City Attorney.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Professional Services Agreement with Albert A. Webb Associates for OnCall Traffic Engineering Services Recommendation
Approve and authorize the City Manager to execute the Professional Services Agreement with Albert A. Webb Associates for on-call traffic engineering services in the amount of $150,598 per year for a three-year term, in such final form as approved by the City Attorney.

Background
The City utilizes contract traffic engineering services in support of traffic operations, land development traffic analysis reviews, encroachment permit traffic control reviews, and CIP project engineering support. The majority of services provided by Webb are eligible for reimbursement through land development and CIP project funding, with the remaining services being funded by Gas Tax and the General Fund.

Discussion
Albert A. Webb has been providing the City with traffic and engineering-related support relating to Land development, traffic operation improvement, safety improvements, and funding application support, particularly through the Highway Safety Improvement Program (HSIP), where the City has been highly successful in receiving consistent funding for safety and signal upgrades throughout the City.

Further, Webb has been instrumental in reviewing land development TIAs and providing valuable input towards conditions of approval for tract development, commercial and industrial, throughout the City.

Albert A. Webb PSA

Fiscal Impact
A combination of adopted CIP project budgets, developer deposits, and Gas Tax funds will support the traffic engineering services as proposed in this Professional Services Agreement.

Attachments
Attachment 1- Agreement
Exhibit A- Proposal
Engineering

AGREEMENT FOR PROFESSIONAL SERVICES
Albert A. Webb Associates
Engineering Traffic Consulting Services
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 8, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Albert A. Webb Associates, a Corporation ("Consultant").

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

Traffic Engineering Services, On-Call Traffic Services and other engineering services as requested by the City.

B. Consultant has submitted to City a proposal, dated September 24, 2024, attached hereto as Exhibit A (“Consultant’s Proposal”) and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement.

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

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

AGREEMENT

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

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

c. Term. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2024 and ending June 30, 2027. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Consultant not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant's annual compensation exceed One Hundred Fifty Thousand Five Hundred Ninety-Eight dollars ($150,598) without additional written authorization from the City. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

7. Plans, Studies, Documents.
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any thirdparty requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.

b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant’s representatives, or Consultant’s successor-in-interest.

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

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

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

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

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

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

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

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

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

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

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

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

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

Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.

c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

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

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Consultant: Albert A. Webb Associates
Attn: Dilesh Sheth, PE, TE
3788 McCray Street
Riverside, CA 92506

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

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

23. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

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

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

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

Click or tap here to enter text.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
“CONSULTANT”
Albert A. Webb Associates, a Corporation
By: Dilesh Sheth
Its: Senior Vice President
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors

EXHIBIT A

EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]

EXHIBIT B
23-3082
3788 McCray Street, Riverside, CA 92506 | P:951.686.1070 | F:951.788.1256 | www.webbassociates.com Mr. Remon Habib, PE
City Engineer
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
RE: Proposal to Provide On-Call Traffic Engineering Services for Three Years 2024-2027 Dear Remon:

Albert A. Webb Associates (WEBB) previously handled the task orders for on-call traffic engineering services for the fiscal years 2021-2022, 2022-2023, and 2023-2024. The City of Lake Elsinore has requested that WEBB prepare a proposal for a new three-year agreement with an annual budget of up to $150,000, covering services from July 2024 through June 2027.

Exhibit “A” contains our proposed scope of services. Exhibit “B” contains a summary of our fee proposal for services described in Exhibit “A”. We appreciate the opportunity to be of service and look forward to hearing from you. In the meantime, if you have any questions or require additional information, please call me at (951) 248-4289.

Sincerely,
Nick Lowe
Deputy Director, Traffic & Transportation
Attachments: Exhibit “A” – Scope of Services
Exhibit “B” – Personnel and Compensation for Scope of Services September 24, 2024
2 Exhibit “A” – Scope of Work
Task A – On-call Traffic Engineering Services
WEBB will provide on-call consultant traffic engineering scope of services as follows:

1. Receive citizens’ requests regarding traffic issues.

2. Process service requests including field reviews, research, analysis, and correspondence with requestors.

3. Respond to public requests for information regarding projects and attend community outreach meetings as required.

4. Field review traffic circulation around schools. Perform analysis and provide recommendations.

5. Analyze intersections and roadway segments as needed for multi-way stop warrants, traffic signal warrants, and traffic calming. Coordinate with a traffic count subconsultant for count data.

6. Prepare agenda items regarding traffic safety for the Public Safety Advisory Commission (PSAC) meetings. Attend PSAC meetings as needed.

7. Attend staff meetings and provide updates to the City Manager and City Engineer as needed.

8. Present reports and provide recommendations to Planning Commission and City Council as needed.

9. Provide coordination with the County of Riverside, RCTC, WRCOG, Caltrans, adjacent Cities, and law enforcement agencies.

10. Develop traffic standards for signal equipment and signing & striping to promote consistency and uniformity citywide.

11. Review/design traffic control plans for special events.

12. Oversee traffic operation (signal operation and maintenance, signing & striping, and markings).

13. Coordinate with the County of Riverside signal maintenance staff and on-call signal operations staff to address any signal or timing issues.

14. Review all long corridors for possible signal coordination and missing interconnect.

15. Review traffic impact studies and assist in the preparation of conditions of approval for development projects.

16. Prepare and/or review fair share obligations for the development projects.

17. Attend Planning Commissions and City Council Meetings for Development Projects as needed.

18. Review traffic control plans for work within the City right of way and provide assistance with the Encroachment Permit process.
3 19. Review traffic signal and signing & striping plans to ensure conformance with city, state, federal, and other applicable standards and requirements.

20. Work with Riverside County and on-call signal maintenance technicians for traffic signal and traffic signal system timing plans.

21. Prepare traffic signal design, signal timing sheets, coordination of signal timing, and traffic signal operation troubleshooting.

22. Provide construction support services on City Projects as needed.

23. Coordinate with Caltrans and the County of Riverside for Central Avenue interchange coordination and improvements.

24. Research neighborhood traffic calming measures for potential implementation.

25. Create and maintain an equipment inventory log for all existing traffic signals.

Task B – On-call Engineering Services for Grant Applications WEBB will provide on-call consultant engineering scope of services as follows:

1. Research grant opportunities available to the city. Apply for HSIP and other grants when available.

2. Research possible grants for other systemic improvements for pedestrian heads, APS push buttons, signal improvements, and other safety improvements.

3. Assist in preparing Caltrans forms and other necessary documentation for grant receipt requirements.
4 Exhibit “B” – Compensation
Services described in our Scope of Services (Exhibit “A”) shall be provided on a time and material basis as shown below:

Task A – On-call Traffic Engineering Services
Name Role and
Responsibility
Professional
Qualifications
Total Hours for 12
Months (52 Weeks)
Billout
Rate/Hour
Total
Amount
Nicholas
Lowe
Senior
Engineer/City
Traffic Engineer
Registered Civil
Engineer 364 $279 $ 101,556.00
Intersection/Roadway Counts 15 $530 $ 7,950.00
Task A – On-call Traffic Engineering Services: $ 109,506.00 Task B – On-call Engineering Services for Grant Applications (2 Applications) Name Role and
Responsibility
Professional
Qualifications
Estimated Total Hours
for 2 Applications
Billout
Rate/Hour
Total
Amount
Nicholas
Lowe
Senior
Engineer/City
Traffic Engineer
Registered Civil
Engineer 28 $279 $ 7,812.00
Ingrid
Tjahyadi
Associate
Engineer 80 $208 $ 16,640.00
Sara Sadeghi Transportation
Planner
Professional
Transportation
Planner
80 $208 $ 16,640.00
Task B – On-call Engineering Services for Grant Applications: $ 41,092.00 Total of Task A and Task B = $150,598.00
17) Amendment No. 3 to the Professional Services Agreement for Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for Main Street Pedestrian Safety Improvements and Information Technology Infrastructure CIP Project No.

Z10075
Approve and authorize the City Manager to execute Amendment No. 3 with Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for additional construction support services for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project in an amount not to exceed $43,287.49 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Remon Habib, City Engineer
Date: October 8, 2024
Subject: Amendment No. 3 to the Professional Services Agreement for Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for Main Street Pedestrian Safety Improvements and Information Technology Infrastructure CIP Project No. Z10075
Recommendation
Approve and authorize the City Manager to execute Amendment No. 3 with Proactive Engineering Consultants (Formerly Adams Streeter Civil Engineers) for additional construction support services for the Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project in an amount not to exceed $43,287.49 in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding a 10% contingency.

Background
On October 11, 2022, the City Council approved the Professional Services Agreement in the amount of $145,855.00, with Adams Streeter Civil Engineers for the final design to prepare conduit infrastructure plans, intersection enhancement plans, and pedestrian safety elements within the Main Street corridor.

On January 10, 2023, the City Council approved Amendment No. 1 to the original agreement in the amount of $70,940.00 for the additional scope of work to include increasing the IT utility duct bank limits.

On June 13, 2023, the City Council approved Amendment No. 2 in the amount of $38,140.00 with Adams Streeter Civil Engineers, Inc., for the additional scope of work, which includes additional survey, ADA ramp design, and in-ground pedestrian flashing lights.

Amendment No. 3 Proactive Engineering Consultants (Adams Streeter)

Discussion
The City now requires an additional scope of work, which includes the installation of additional ADA ramps towards the I15 Interchange, drainage improvements, removable bollards to close off Main Street for special events located at Main/Limited, Main/Sulphur Graham/Main, Peck/Main and Graham/Spring, update and revise the IT Conduit plans, and additional survey work. The scope also includes the addition of construction support services.

Fiscal Impact
Professional Services Contract will result in a revised total contract amount, including Amendment No. 3, to a not-to-exceed amount of $298,222.49.

Attachments
Attachment 1 – Amendment No. 3
Exhibit A – Proposal
Attachment 2 – Amendment No. 2
Attachment 3 – Amendment No. 1
Attachment 4 – Original Agreement
Engineering
AMENDMENT NO. 3

TO AGREEMENT FOR PROFESSIONAL SERVICES
Adams-Streeter Civil Engineering, Inc. (now operating as Proactive Engineering Consultants)
Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075
This Amendment No. 3 to Agreement for Professional Services (the “Agreement”) is made and entered into as of October 8, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Adams-Streeter Civil Engineers, Inc. , a Corporation ("Consultant").

RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 10/11/2022, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.

B. The Original Agreement provided for compensation to Consultant in an amount of One Hundred Forty Five Thousand, Eight Hundred Fifty-Five dollars ($145,855.00).

C. Amendment No. 1, approved January 10, 2023, provided for an increase in compensation in an amount not to exceed Seventy Thousand Nine Hundred Forty dollars ($70,940).

D. Amendment No. 2, approved June 13, 2023, provided for an increase in compensation in an amount not to exceed Thirty-Eight Thousand One Hundred Forty dollars ($38,140).

E. The parties now desire to amend the scope of services, term and increase the payment for such services as set forth in this Amendment No 3.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:

1. Acknowledge that Adams Streeter Civil Engineers is now operating as Proactive Engineering Consultants.

2. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:

Consultant shall also perform the services described in Consultant’s 5/21/2024 Proposal (attached to this Amendment No. 3 as Exhibit A-3).

Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-3, subject to the direction of the City through its staff that it may provide from time to time.

3. Section 3, Compensation, of the Original Agreement is hereby amended to read in its entirety as follows:

Notwithstanding the foregoing, for purposes of Amendment No. 3 and the term thereof, compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Consultant’s Proposal (referenced collectively as Exhibit A-3 Amendment No. 3). In no event shall Consultant’s compensation related to Exhibit A-3 to Amendment No. 3 exceed Forty-Three Thousand Two Hundred Eighty Seven dollars and 49 Cents ($43,287.49) without additional written authorization from the City Council. Consultant compensation shall not exceed Two Hundred Ninety-Eight Thousand Two Hundred Twenty-Two Dollars and 49 Cents ($298,222.49).

Notwithstanding any provision of Consultant’s Proposal to the contrary, out of pocket expenses set forth in Exhibit A-3 respectively, shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Proactive Engineering Consultants, a
Corporation
City Manager
Date:

Mark S. Anderson, CFO
Date: __
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney

Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-3
CONSULTANT’S PROPOSAL
[ATTACHED]
May 21, 2024
City of Lake Elsinore
Attn: Mr. Carlos Norvani, P.E., Land Development Engineer Engineering Department
130 S. Main Street
Lake Elsinore, CA 92530
SUBJECT: Amendment No. 3
Main Street Pedestrian Safety Improvements and Information Technology Infrastructure Project Z10075

Dear Mr. Norvani,
We are pleased to submit this proposal for the additional scope of work for surveying and revisions to the plans for the subject project.

The scope of work is described below:

A. Provide additional topographical survey as needed for design and upgrade of ADA ramps at Main Street & Prospect Street, Main Street & Sumner Ave., Main Street & Pottery Street and along Main Street south of Library and Prospect Street.

B. Revise and update plans and details for construction of improvements at Main Street & Prospect Street, Main Street & Sumner Ave., Main Street & Pottery Street.

C. Revise plans to add Bollards at Main Street, Prospect Street, Graham Avenue and Peck Street.

Add extra sheets and details and update specs as needed.

D. Add drainage improvements, curb and gutter and sidewalk along east side of Main Street (south of Limited Street) to Mountain View Avenue. Coordinate the plans with other proposed improvements at this location.

E. Update and revise the IT conduit plans as required by City’s IT division requests and changes.

Update alignment and lateral details and access manhole details and specifications as requested by City IT division.

F. Supplemental budget to provide construction support services for added scope of work. This task will include attending the pre-construction meeting and responding to contractor request for clarification related to the project specifications and respond to Request for Information (RFI) from contractor during construction. Preparation of as-built plans is also included in this budget. As-built plans will be based on as-built information provided by the contractor and does not include any surveying services.

Mr. Carlos Norvani May 21, 2024
City of Lake Elsinore Page 2
Amendment No. 3-Main Street Improvements

ITEM DESCRIPTION TOTAL FEE
A- Additional Topographical Survey at at Intersections and Main Street $3,360
B- Revise and Update Improvement Plans for Intersections at Main Street
$8,280
C- Revise Plans and Add Details for Addition of Bollards $4,680 D- Add Drainage Improvement Plans along Main Street South of Limited Street
$5,040
E- Update and Revise IT Conduit Plans $6,120
F- Supplemental Budget for Construction Support Services and As-Built Plans
$9,900
G- Update Cost and Quantity Estimate, Bid Schedule and
Specifications
$1,800
H- Project Meetings and Coordination $2,160
TOTAL $41,340
G. Update cost and quantity estimate and bid schedule and specifications.

H. Attend meetings and provide coordination with consultants and City.

SCHEDULE OF FEES
The fee breakdown for the above scope of work is provided below for your review and consideration.

BILLING
All billing will be invoiced on a percentage of completion basis. The above Scope of Work and any additional services will be based on the following current hourly rates:

Office: $180/Hour
Field: 2-Man Survey Crew $280/Hour
These rates will remain in effect through December 2024, at which time they may be changed.

All out of pocket expenses, such as filing and permit fees, blueprinting, courier fees, plotting and reproduction charges, will be invoiced at our direct cost.

Thank you for the opportunity to be of service to the City of Lake Elsinore. Please do not hesitate to contact me for any questions or if you need anything else.

Sincerely,

Mo Abadi P.E.

Senior Project Manager

18) Agreement for Contractor Services with Reep Fire Protection, Inc. for Maintenance Services for Fire Protection and Backflow Services for Citywide Parks, Facilities, and LLMD’s
Approve and authorize the City Manager to execute the Agreement with Reep Fire Protection, Inc. in an amount not to exceed $40,000.00 for Maintenance Services for Fire Protection and Backflow Services for Citywide Parks, Facilities, and LLMDs 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 $4,000.00 for unanticipated costs.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: October 8, 2024
Subject: Agreement for Contractor Services with Reep Fire Protection, Inc. for Maintenance Services for Fire Protection and Backflow Services for Citywide Parks, Facilities, and LLMD’s
Recommendation
Approve and authorize the City Manager to execute the Agreement with Reep Fire Protection, Inc. in an amount not to exceed $40,000.00 for Maintenance Services for Fire Protection and Backflow Services for Citywide Parks, Facilities, and LLMDs 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 $4,000.00 for unanticipated costs.

Background
Reep Fire Protection provides a comprehensive range of fire protection services tailored to citywide parks, facilities, and LLMDs. This agreement covers the design, installation, repair, and inspection of fire sprinkler systems, fire trace systems, fire suppression systems, kitchen hood systems, fire extinguishers, and backflow prevention services. Reep Fire Protection ensures that all systems are installed and maintained to the highest standards, guaranteeing compliance with local regulations and optimal performance.

Discussion
The Contractor Services Agreement is needed to provide timely testing and repairs, ensuring the safety and readiness of fire protection measures across all citywide facilities. Regular maintenance services help identify and address potential issues before they escalate, reducing the risk of fire hazards and ensuring the integrity of backflow systems.

Reep Fire Protection Agreement

Fiscal Impact
Funds are available in the City’s Fiscal Year 24-25 Annual Operating Budget.

Attachments
Attachment 1 - Agreement
Exhibit A - Price Rate Sheet
Public Works

AGREEMENT FOR CONTRACTOR SERVICES
Reep Fire Protection, Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of October 8, 2024 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Reep Fire Protection, Inc., a Corporation (the “Contractor”).

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

On-Call Maintenance Services for Fire Protection and Backflow Services for Citywide Parks, Facilities and LLMD’s.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated September 27, 2024, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

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

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

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2024 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Forty Thousand Dollars ($40,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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

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

7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's solerisk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period

required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.

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

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

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

11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

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

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

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

Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees inaccordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Reep Fire Protection, Inc.

Attn: Trevor Reep
41340 Pear St. #16
Murrieta, Ca 92562

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

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

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

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Reep Fire Protection Inc, a Corporation

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Trevor Reep
Its: Owner
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
BASIC STANDARDIZED PRICING:

Fire Sprinkler Services:
* No Service Truck Fee Applied
• Quarterly Fire Sprinkler Inspection- $300.00
• Annual Fire Sprinkler Inspection - $795.00
• 5-year Fire Sprinkler Inspection - $895.00
• Additional Riser - $287.50
• Re-Inspection (Fail) - $300.00
• 5 YEAR HYDRANT FLOW Certification - $695.00
• Single Day (8hr) Shop Minimum Labor Rate - $1,750.00
• Shop Minimum (4hr) Labor Rate - $900.00

1. * PRICING REFLECTS INSPECTION ON (1) FIRE RISER. ADDITIONAL SYSTEM FIRE RISERS WILL BE CHARGED AT THE RATE OF $287.50 EACH.

2. * ANNUAL / 5 YEAR PRICING REFLECTS (1) ON-SITE PRIVATE HYDRANT. ADDITIONAL HYDRANTS WILL BE CHARGED AT THE RATE OF $155.00 EACH.

Fire Extinguisher Services:
* Service Truck Fee: $50.00 first site per day. It is waived for the additional same-day sites. • Monthly Certification / Sign-Off - $10.00 per unit
• Annual Certification (Rostering and pull tab included) - $15.00 per unit • Internal Certification (Annual Service and Rebuild kit included) - $35 per unit • Hydrostatic Test (includes Internal Service) - $55 per unit Kitchen Hood Suppression:
* Service Truck Fee: $50.00 first site per day. It is waived for the additional same-day sites. • Semi-Annual Certification (2Hr): $225.00
• Additional Labor: $110.00 per hour
• Links - $15.00
• additional tanks - $30.00
• nozzle replacement - $60.00
• rubber nozzle caps - $10.00
• metal caps - $20.00
• 16g CO2 cartridge - $30.00
Clean Agent / Fixed- System Suppression:
* No Service Truck Fee Applied
• Semi-Annual Certification: $750.00
• Emergency / Discharge Response Service (Labor Only): $1,800.00 • Hydrostatic Test (excludes rebuild kits) - $55.00 per unit • Cylinder Head Rebuild Kits: To Be Determined
• Electrical Troubleshoot: $165.00 per hour
Additional Services:
* Service Truck Fee: $50.00 first site per day. It is waived for the additional same-day sites. • Annual Inspection, 90-min Test, and Certification EMERGENCY LIGHTS - $287.50 for the first (6) units / $45.00 per unit additional
• Annual Inspection and Certification Fire Rated drop doors - $225.00 + $15 per link • Annual Inspection self-closing and latching doors - $287.50 for the first (6) units / $45.00 per unit additional
• Fabric / textile fire resistance application service and certification - $1.00 per sq.ft.

Additional Notes:

1. MISSED OR CANCELLED APPOINTMENTS WHEN WE ARE IN ROUTE OR ON-SITE WILL INCUR AN ADDITIONAL COST OF $300.00 (MINIMUM) AND IT IS NOT APPLICABLE TO FUTURE SERVICES.

2. ALL INSPECTION DEFICIENCIES MUST BE CORRECTED IN ORDER TO OBTAIN A PASSED INSPECTION.

3. ALL WORK WILL BE PERFORMED DURING NORMAL BUSINESS HOURS (MONDAY – FRIDAY / 7AM TO 5PM). ANY AND ALL WORK REQUESTED OUTSIDE OF THESE HOURS,

ESTABLISHED WITH THE CITY, WILL BE SUBJECT TO ADDITIONAL COSTS AND WILL NEED TO BE COORDINATED IN ADVANCE.
19) Agreement with Commercial Door Company, Inc. for Door Repairs, Maintenance, and Emergency Services
Approve and authorize the City Manager to execute the Agreement with Commercial Door Company, Inc. in an amount not to exceed $30,000.00 for door repairs, maintenance, and emergency 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 $3,000.00 for unanticipated costs.

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Rick De Santiago, Public Works Manager
Date: October 8, 2024
Subject: Agreement with Commercial Door Company, Inc. for Door Repairs, Maintenance, and Emergency Services
Recommendation
Approve and authorize the City Manager to execute the Agreement with Commercial Door Company, Inc. in an amount not to exceed $30,000.00 for door repairs, maintenance, and emergency 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 $3,000.00 for unanticipated costs.

Background
Commercial Door Company specializes in commercial doors, ensuring that repairs and maintenance are handled by professionals who understand the unique requirements of fire station operations. Regular maintenance and timely repairs of fire station doors help ensure they function correctly, contributing to the overall safety and security of the facility.

Discussion
This Agreement is needed to provide quick access to emergency repair services and ensure fire stations remain operational during critical times, allowing firefighters to respond swiftly to emergencies. A professional service ensures all door systems meet safety regulations and standards, minimizing potential liability issues.

Fiscal Impact
Funds are available in the City’s Fiscal Year 24-25 Annual Operating Budget.

Commercial Door Agreement

Attachments
Attachment 1 - Agreement
Exhibit A - Rate Sheet
Public Works

AGREEMENT FOR CONTRACTOR SERVICES
Commercial Door Company, Inc.

ON-CALL SERVICES
This Agreement for Contractor Services (On-Call) (the “Agreement”) is made and entered into as of October 8, 2024 by and between the City of Lake Elsinore, a municipal corporation (the “City”) and Commercial Door Company, Inc., a Corporation (the “Contractor”).

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

On-Call Services for Citywide Fire Stations.

B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated September 27, 2024, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement.

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

AGREEMENT

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

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

c. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period commencing on July 1, 2024 and ending June 30, 2026. The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed 2 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager.

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

3. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's annual compensation exceed Thirty Thousand Dollars ($30,000) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

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

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

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

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

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

7. Plans, Reports, Documents
a. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Contractor shall be immediately referred to City, without any other actions by Contractor. b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data, which were prepared by design professionals other than Contractor or provided, to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's solerisk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Contractor shall not, without the prior written consent of City, use such materials for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor, which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

8. Contractor's Books and Records.
a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement.
b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period

required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor-in-interest.

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

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

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

11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

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

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

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

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

Contractor shall maintain a City of Lake Elsinore business license.

15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

16. Insurance Requirements .
a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies.
i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance andEmployer's Liability Insurance for his/her employees inaccordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language :
i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages.
ii. This policy shall be considered primary insurance as respects the City,

its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.

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

If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Commercial Door Company, Inc.

Attn: Yolanda Vacario
1374 E. Ninth St.

Pomona, Ca 91766

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

Contractor shall be fully responsible to City for all acts or omissions of any subcontractors.

Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

20. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

21. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

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

23. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

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

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

25. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force andeffect.

26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.

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

28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

30. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONTRACTOR”
Commercial Door Company, Inc, a Corporation

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
Assistant City Manager
By: Yolanda Vacario
Its: Contract Administrator
Attachments: Exhibit A – Contractor’s Proposal

EXHIBIT A

EXHIBIT A

CONTRACTOR'S PROPOSAL
[ATTACHED]
Prevailing Wage Rates as of 4-01-2024
For overhead door, dock equipment, gates, trash enclosures repair or replacement:

Time Period Service Fee 2 Man
Crew
Travel Time
Regular Time (Prevailing Wage)
(7:30 am to 4 pm)
$50.00
Tool & Truck Fee + Materials
$330.00 per hour $220.00 per hour
Overtime (Prevailing Wage)
(Any time spent on job site after 4 pm)
$50.00
Tool & Truck Fee + Materials
$495.00 per hour $330.00 per hour
Emergency Rate (Prevailing Wage)
(Dispatched to arrive after 4 pm or weekends/holidays)
$50.00
Tool & Truck Fee + Materials
$495.00 per hour $330.00 per hour
Note: Rates are as of 4-01-24 and are subject to change without written notice.

FOR SERVICE OR A FREE ESTIMATE CALL: 800-310-5200
Servicing Los Angeles County • San Bernardino County • Riverside County • Orange County www.commercialdoorcompany.com
20) Minutes of the Regular Successor Agency Meeting of September 24, 2024 Approve the Minutes.

REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date: October 8, 2024
Subject: Minutes of the Regular Successor Agency Meeting of September 24, 2024 Recommendation
Approve the Minutes.

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

September 24, 2024
Closed Session: NONE
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER - 7:00 P.M.

The Regular Meeting of the City Council was called to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE
Mayor Manos led the Pledge of Allegiance.

ROLL CALL

Present: 4 - Council/Agency Members Sheridan and Magee; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos

Absent: 1 - Council/Agency Member Johnson

PRESENTATIONS/CEREMONIALS
1) Constitution Week
Present a Proclamation declaring the week of September 17-23, 2024 as “Constitution Week” in the City of Lake Elsinore.

Mayor Manos announced that the Proclamation was presented to the Daughters of the American Revolution.
2) National Preparedness Month
Proclaim the month of September 2024 as "National Preparedness Month" in the City of Lake Elsinore.

Mayor Manos presented the Proclamation to Emergency Services Manager Mesa and Lake Elsinore Lowe’s Store Manager Michael Grueser.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 2
3) Elsinore Valley Municipal Water District - Diamond Lift Station Project Joel Nash, Elsinore Valley Municipal Water District, presented an overview of the Diamond Lift Station Project.

PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Jeanie Corral was called to speak.

Jim Judziewicz was called to speak.

Kimberly Ryan was called to speak.

Harvey Ryan was called to speak.

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

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

Absent: 1 Council Member Johnson
4) Minutes of the Regular City Council Meeting of August 27, 2024 and Special Meeting of September 12, 2024
Approve the Minutes.

This item was approved on the City Council Consent Calendar. 5) CC Warrant Report Dated August 19, 2024 to August 25, 2024 Receive and file.

This item was approved on the City Council Consent Calendar. 6) CC Warrant Report Dated August 26, 2024 to September 1, 2024 Receive and file.

This item was approved on the City Council Consent Calendar. 7) CC Warrant Report Dated September 2, 2024 to September 8, 2024 Receive and file.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 3
8) CC Investment Report for August 2024
Receive and file the Investment Report for August 2024.

This item was approved on the City Council Consent Calendar. 9) Biennial Review of the Conflict of Interest Code
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING RESOLUTION NO. 2022-94 UPDATING THE CITY OF LAKE ELSINORE CONFLICT OF INTEREST CODE.

This item was approved on the City Council Consent Calendar. 10) Amendment No. 3 - Agreement with County of Riverside Sheriff's Department for Law Enforcement Services
Approve and authorize the Mayor to execute Amendment No. 3 with the County of Riverside Sheriff's Department to perform law enforcement services per the fee and terms noted in the agreement and in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 11) Agreement with Animal Friends of the Valleys for Microchipping and Spay and Neuter Vouchers for Lake Elsinore Residents
Approve and authorize the City Manager to execute the Professional Services Agreement with Animal Friends of the Valleys in an amount not to exceed $25,000.00 for Microchipping and Spay and Neuter Vouchers for Lake Elsinore Residents in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 12) Consideration of Annual Reporting of Completed State-Mandated Fire and Life Safety Inspections by the City of Lake Elsinore in Compliance with SB 1205 for Fiscal Year 2023-2024
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE

CHIEF OF THE RIVERSIDE COUNTY FIRE DEPARTMENT REGARDING THE

INSPECTION OF CERTAIN OCCUPANCIES REQUIRING ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13145, 13146 and 17921 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

This item was approved on the City Council Consent Calendar. 13) Amendment No. 1 to the Agreement for Professional Services with Social Work Action Group (SWAG) for Homeless Outreach Services
Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Social Work Action Group (SWAG) to extend the term of the agreement for homeless outreach services in an amount not to exceed $412,419 per fiscal year in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 4
14) Amendment No. 1 to the Agreement for Professional Services with Social Work Action Group (SWAG) for Supportive Services and Management of the Anchor Approve and authorize the City Manager to execute Amendment No. 1 to the Agreement with Social Work Action Group (SWAG) for supportive services and management of the Anchor in an amount not to exceed $617,085 per fiscal year and extending the term in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 15) Request to Modify Condition of Approval No. 73 Related to the Relocation and Undergrounding of Power Poles Out of the Roadway for the Riverside & Lincoln Commercial Project (PA 2020-92)
Deny the applicant’s request to modify Condition of Approval No. 73 and keep the previously approved condition as stated below:

73. All arrangements for the relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or their agent. Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).

This item was approved on the City Council Consent Calendar. 16) Notice of Decision – Planning Commission Approval of Planning Application No. 2023-17 for Exterior Building Façade and Related Site Improvements with a Request for Parking Reduction for an Existing Commercial Center Located at 31681 and 31701 Riverside Drive
Receive and File the Notice of Decision for Planning Application No. 2023-17 approved by the Planning Commission at their Regular Meeting on August 20, 2024.

This item was approved on the City Council Consent Calendar. 17) Engineering Standards, Design Manual, and Specifications Update Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,

CALIFORNIA, ADOPTING AND APPROVING THE CITY OF LAKE ELSINORE

ENGINEERING STANDARDS AND SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION – 2024 EDITION.

This item was approved on the City Council Consent Calendar. 18) TUMF Credit/Reimbursement Agreement for Transportation Improvements Constructed by Zairey, Inc.

Approve and authorize the Mayor to execute the Credit/Reimbursement Agreement between the City, Western Riverside Council of Governments (WRCOG), and Zairey, Inc. for the construction of improvements in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 5
19) Professional Services Agreement for Surface Mining Inspection (SMARA) and Compliance Monitoring Consulting Services, EnviroMINE, Inc.

Approve and authorize the City Manager to execute a Professional Services Agreement with EnviroMINE, Inc. to perform SMARA compliance monitoring and inspection services in an amount not to exceed $35,000 annually in final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar. 20) Parcel Map No. 38753

1. Approve Parcel Map No. 38753 subject to the City Engineer’s acceptance as being true and correct, and authorize the City Clerk to sign the map and arrange for the recordation; and

2. Approve and authorize the City Manager to execute the construction agreement for monumentation.

This item was approved on the City Council Consent Calendar. 21) Acquisition of City Fleet Vehicles
Approve and authorize the City Manager to execute a Purchase Order with Aaron Chevrolet in an amount not to exceed $99,842.38 for the purchase of two (2) City Fleet Vehicles in such final form as approved by the City Attorney.

This item was approved on the City Council Consent Calendar.

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

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

Absent: 1 Agency Member Johnson
22) Minutes of the Regular Successor Agency Meeting of August 27, 2024 and Special Meeting of September 12, 2024
Approve the Minutes.

This item was approved on the Successor Agency Consent Calendar. 23) SA Warrant Report Dated August 19, 2024 to August 25, 2024 Receive and file.

This item was approved on the Successor Agency Consent Calendar.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 6
24) SA Warrant Report Dated August 26, 2024 to September 1, 2024 Receive and file.

This item was approved on the Successor Agency Consent Calendar. 25) SA Warrant Report Dated September 2, 2024 to September 8, 2024 Receive and file.

This item was approved on the Successor Agency Consent Calendar. 26) SA Investment Report for August 2024
Receive and file the Investment Report for August 2024.

This item was approved on the Successor Agency Consent Calendar.

PUBLIC HEARINGS
27) Third and Final Extension of Time Request for Tentative Tract Map No. 37381 and Tentative Tract Map No. 37382 (Wasson Canyon Homes)

1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request 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 Mitigated Negative Declaration (MND No. 2007-01) (SCH No. 2007041063);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO MAY 14, 2027, FOR TENTATIVE TRACT MAP NO. 37381; and

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO MAY 14, 2027, FOR TENTATIVE TRACT MAP NO. 37382.

The Public Hearing was opened at 7:24 p.m.

Community Development Director Abraham presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:28 p.m.

A motion was made by Council Member Magee, seconded by Mayor Pro Tem Tisdale to approve staff’s recommendations. The motion carried by the following vote:

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

Absent: 1 Council Member Johnson
City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 7
28) Extension of Time Request for Tentative Parcel Map No. 38124 and Industrial Design Review No. 2021-01 (North Elsinore Business Park)

1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15162, the extension of time request 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 Mitigated Negative Declaration (SCH No. 2022030368);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 38124 TO JUNE 14, 2026; and

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE

ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR INDUSTRIAL DESIGN REVIEW NO. 2021-01 TO JUNE 14, 2026.

The Public Hearing was opened at 7:29 p.m.

Principal Planner Huynh presented the staff report.

There were no speakers.

The Public Hearing was closed at 7:34 p.m.

A motion was made by Council Member Magee, seconded by Mayor Pro Tem Tisdale to approve staff’s recommendations. The motion carried by the following vote:

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

Absent: 1 Council Member Johnson

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 thanked staff and first responders for their efforts towards the Airport Fire.

City Council Minutes - Draft September 24, 2024
City of Lake Elsinore Page 8

CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Magee reported on his attendance at the Riverside County Transportation Commission meeting on September 11, 2024; invited the community to attend the Animal Friends of the Valleys Wines for Canines & Kitties event on Saturday, October 5, 2024 from 6:00 – 10:00 p.m. at South Coast Winery in Temecula; shared the Animal Friends of the Valleys Spay, Neuter, and Microchipping Program; invited the community to attend the Lake Elsinore September Shootout Sand Drags September 27-29, 2024 at 8:00 a.m. at the Lake Elsinore Motorsports Park; invited residents to view or participate in the SCCA Autocross Novice School October 5-6, 2024 at Diamond Stadium; noted that Corner Exit will also host events at Diamond Stadium; announced that the Lake Elsinore Motorsports Park will be holding the Lake Elsinore Grand Prix November 8-10, 2024; and advised that the Lake Elsinore San Jacinto Water Authority held a community outreach meeting on September 23, 2024 in Canyon Lake.

Council Member Sheridan recognized Emergency Services Manager Mesa and first responders for their efforts toward the Airport Fire; reported on his attendance at the Riverside Transit Agency Transportation Now meeting on August 28, 2024, Riverside Transit Agency Budget & Finance Committee meeting on September 4, 2024, and the League of California Cities Riverside County Division meeting on September 9, 2024; shared his attendance at the L.E.

Street Scene Festival on August 31, 2024; invited community members to participate in the Inaugural Thunder Cares Golf Tournament on Monday, October 14, 2024 at CrossCreek Golf Club; noted that the Storm played in the playoffs but didn’t win the championship; shared information from the Southwest Riverside County Higher Education Coalition meeting held earlier in the day and invited the community to attend the Sunset Soiree on Friday, November 8, 2024; reported out from the City’s meeting with the Lake Elsinore Unified School District; and thanked Jeanie Corral for the book and encouraged residents to join the Lake Elsinore Historical Society.

Mayor Pro Tem Tisdale spoke on the response to the Airport Fire, thanked first responders for their hard work and dedication, and reminded residents to be prepared for emergencies; reported on his attendance at the Northwest Mosquito and Vector Control District Board meeting on September 19, 2024; shared important Election Dates; and shared the success of the Emergency Preparedness event that was held on Saturday, September 21, 2024.

Mayor Manos thanked first responders for their attention to the Airport Fire; reported on his attendance at the Southern California Association of Governments Regional Council and Transportation Committee meeting on September 5, 2024; shared information from the Global Water Summit; invited the community to attend the Oktoberfest on the Lake event September 28-29, 2024 from 11:00 a.m. – 9:00 p.m. at Launch Pointe; and invited residents to participate in the Trunk or Treat event on October 12, 2024 from 5:00 p.m. – 8:00 p.m. on Downtown Main Street.

ADJOURNMENT
The Lake Elsinore City Council adjourned at 8:10 p.m. to the next Regular meeting of Tuesday, October 8, 2024 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.
21) SA Warrant Report Dated September 16, 2024 to September 22, 2024 Receive and file.