City of Lake Elsinore
City Council Meeting
Agenda – Final
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:
October 22, 2024
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
The City of Lake Elsinore appreciates your attendance. Citizens’ comments, input and interests provide the City Council with valuable information regarding issues of the community.
Meeting Information
Meetings are held on the 2 nd and 4th Tuesday of every month, and the agenda is posted 72 hours prior to each meeting outside of City Hall. The agenda and related reports are also available on the City’s website at www.Lake-Elsinore.org. Meetings are conducted in person, televised live on Spectrum Cable Station Channel 29 and Frontier Cable Channel 31, and streamed online at http://www.lake-elsinore.org/city-government/city-council/webcast-videos. If you are attending the meeting in person, please park in the parking lot across the street from the Cultural Center to assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation.
Public Comments – Addressing the City Council
Any person wishing to address the City Council on items not included on the Agenda may do so during Public Comments for 1 minute at the beginning of the meeting or during Public Comments for 3 minutes at the end of the meeting. We respectfully ask those interested in addressing the City Council to either submit a request to speak online at
http://www.lake-elsinore.org/city-
government/agendas-and-minutes or complete and present a “Request to Speak” form to the City Clerk at the meeting. This Form is available on the table located inside the Council Chamber.
Members of the public may also provide comments on Agenda items by noting the item on the “Request to Speak” form and will be called to address the City Council when the item is considered by the City Council during the meeting.
Written Communications
If you would like to submit written public comments, you may do so prior to the meeting either by entering them online at the link above or emailing them to the City Clerk at calvarez@lake-
elsinore.org. Any written communications or additional documents distributed to the City Council within 72 hours of the meeting will also be made available to the public in accordance with Government Code Section 54957.5.
Accessibility Accommodations
In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk’s Department at (951) 6743124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 2
Dream Extreme 2040 is the City’s FIRST long -term strategic plan to assist the City in its pursuit of achieving its vision. The plan is a living document that will be updated regularly and serve as the framework to guide all decision- making over the next 20 years by identifying key Anchors, Aspirations, and Strategies.
Our Vision is the City of Lake Elsinore will be the ultimate destination where all can live, work, play, build futures, and fulfill dreams.
The Anchors are the City of Lake Elsinore’s unique community assets and opportunities: The Lake, Downtown, and Action and Adventure.
• The Lake: Lake Elsinore is a vital community asset. Protecting, enhancing, and celebrating the Lake is critical to Lake Elsinore’s City and community health.
• Downtown: Enhancing and creating the highest quality downtown experience will serve to create a strong sense of place that will shape the City’s identity as a place where residents and visitors can live, work, and play.
• Action and Adventure: Lake Elsinore’s programs, facilities, and natural environment will define the City as a destination for action and adventure for both visitors and residents.
Our Aspirations are broad, long- term goals that encapsulate what we hope to achieve in Lake Elsinore’s future. The City has identified 4 key aspirations to work towards.
Items on the agenda that align with Aspirations from the Dream Extreme 2040 Plan are noted by the Aspiration’s icon to highlight City Council actions that help the City pursue its goals.
To read the plan and learn more about its implementation in the City, visit www.Lake-Elsinore.org/DreamExtreme2040.
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 3
CALL TO ORDER
The regular meeting of the City Council will be called to order.
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
CLOSED SESSION - 5:30 P.M.
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al. ; U.S. District Court, Case No. 5:24-cv-00472-SSS-SHK
B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Pechanga Band of Indians, et al v. City of Lake Elsinore; Riverside Superior Court Case No. CVR12405402
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
RECESS
The City Council will recess to Closed Session.
RECONVENE/CALL TO ORDER - 7:00 P.M.
The Regular Meeting of the City Council will reconvene and the Regular Meeting of the Successor Agency will be called to order.
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
PRESENTATION/CEREMONIAL
1) CalFire 2024 Third Quarter Statistical Update
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)
CITY COUNCIL CONSENT CALENDAR
2) Minutes of the Regular City Council Meeting of October 8, 2024
Approve the Minutes.
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 4
3) Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP
Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the City in such final form as approved by the City Attorney.
4) Annexation No. 22 Into Community Facilities District No. 2015 -2 (Maintenance Services) for TPM 37710 (Blazed Utopia)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015 -2 (MAINTENANCE SERVICES) OF
THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
5) Change Order No. 1 to the Public Works Construction Agreement with SAS Construction, Inc. for Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute Change Order No.1 for the not to exceed amount of $1,024,850.00 to SAS Construction, Inc. Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.
6) Purchase of York Air Conditioning System at Wholesale Cost from Amber Air Conditioning Inc.
Authorize the City Manager to purchase the York air conditioning system with heat pumps for the City Hall Building Project (CIP Project Z20006) at wholesale cost from Amber Air Conditioning, Inc.
7) Award of a Public Works Agreement to Best Contracting Services Inc. for the roofing, Bid Set ‘G,’ on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute a public works agreement to Best Contracting Services Inc. in an amount not to exceed $297,249.00 for the roofing, bid set ‘G,’ on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $29,725.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.
8) Professional Services Agreement with Environmental Science Associates (ESA) for Historic Resources Inventory Update
Approve and authorize the City Manager to execute an agreement with Environmental Science Associates in an amount not to exceed $116,066 to conduct a citywide historic resources survey in such final form as approved by the City Attorney.
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 5
9) Agreement with Storyland Studios for Digital Storytelling and Tourism Development
Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10- acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones in such final form as approved by the City Attorney.
10) Proposition 36: Resolution Supporting the Homelessness, Drug Addiction, and Theft Reduction Act
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, IN SUPPORT OF PROPOSITION 36, THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT.
11) Termination of the Proclamation of Local Emergency Due to the Airport Fire
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, TERMINATING THE
PROCLAMATION OF A LOCAL EMERGENCY
DUE TO THE AIRPORT FIRE
12) Grant of Easement to Southern California Edison Near McVicker Park
Approve and authorize the City Manager to process the easement documents and instruct staff to forward the documents to Southern California Edison for recordation.
13) Professional Services Agreement with STC Traffic, Inc. for Traffic Signal Operations On-call Services
Approve and authorize the City Manager to execute a Professional Services Agreement with STC Traffic, Inc. to provide on -call traffic signal operations service in an amount not to exceed $30,000 per year and in such final form as approved by the City Attorney.
14) Construction Contract Award for All American Asphalt for the SB-1 Mountain Street Tract Pavement Rehabilitation Project CIP Z10088
Approve and authorize the City Manager to execute a Public Works Construction Agreement with All American Asphalt in the amount of $3,074,001.75 for the SB -1 Mountain Street Tracts Pavement Rehabilitation Project, CIP No. Z10088 in such final form approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $307,400.18, and authorize the City Engineer to record the Notice of Completion once it is determined the work is complete and the improvements are accepted into the City -maintained roadway network.
15) Professional Services Agreement with Wilson -Mikami Corporation for On -Call Engineering Services
Approve and authorize
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 6
16) Agreements of Purchase and Sale Between Skydive Elsinore, LLC and City of Lake Elsinore for Acquiring Properties Related to the Murrieta Creek Multi -Use Trail Project
Approve and authorize the City Manager to execute two (2) purchase and sale agreements with Skydive Elsinore LLC, a California Limited Liability Company, in amounts of $36,975 and $24,600 for right of way acquisition in such final form as approved by the City Attorney for the Murrieta Creek Multi-Use Trail Project.
17) Agreement with SD Flags Banner and Signs for Graphics and Signs Citywide
Approve and authorize the City Manager to execute the Contractor Services Agreement with SD Flags Banner and Signs in an amount not to exceed $30,000.00 for Graphics and Signs Citywide 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.
SUCCESSOR AGENCY CONSENT CALENDAR
18) Minutes of the Regular Successor Agency Meeting of October 8, 2024
Approve the Minutes.
19) Professional Services Agreement with Urban Futures, Inc. for Continuing Disclosures, CDIAC, and Arbitrage Services
Approve and authorize the Executive Director to execute the Professional Services Agreement with Urban Futures, Inc. in an amount not to exceed $36,500 per fiscal year for ongoing continuing disclosure services, arbitrage reporting, and related financial services in connection with Successor Agency bonds in such final form as approved by the Agency Counsel.
20) Legal Services Agreement With Leibold Mcclendon & Mann Pc for Legal Services to the Successor Agency
Approve and authorize the Executive Director to execute the Legal Services Agreement with Leibold McClendon & Mann PC for ongoing legal services to the Successor Agency in such final form as approved by the Executive Director.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES
(Please read & complete a Request to Address the City Council/Successor Agency form prior to the start of the meeting and turn it in to the City Clerk/Clerk. The Mayor/Chair or City Clerk/Clerk will call on you to speak.)
CITY MANAGER COMMENTS
CITY ATTORNEY COMMENTS
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
City Council Agenda - Final October 22, 2024
City of Lake Elsinore Page 7
ADJOURNMENT
The Lake Elsinore City Council will adjourn to the next Regular meeting of Tuesday, November 12, 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.
AFFIDAVIT OF POSTING
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby affirm that a copy of the forgoing agenda was posted at City Hall at 5:00 p.m. on Thursday, October 17, 2024.
_________________________
Candice Alvarez, MMC
City Clerk
A.
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al.; U.S. District Court, Case No. 5:24- cv-00472-SSS-SHK
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:October 22, 2024
Subject: CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Lake Elsinore v. Tolmasoff, et al.; U.S. District Court, Case No. 5:24-cv-00472-SSS-SHK
B.
CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Pechanga Band of Indians, et al v. City of Lake Elsinore; Riverside Superior Court Case No. CVR12405402
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:October 22, 2024
Subject: CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Pechanga Band of Indians, et al v. City of Lake Elsinore; Riverside Superior Court Case No. CVR12405402
C.
CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:October 22, 2024
Subject: CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
1)
CalFire 2024 Third Quarter Statistical Update
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:October 22, 2024
Subject:CalFire 2024 Third Quarter Statistical Update
CalFire
2)
Minutes of the Regular City Council Meeting of October 8, 2024 Approve the Minutes.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Candice Alvarez, MMC, City Clerk
Date:October 22, 2024
Subject:Minutes of the Regular City Council Meeting of October 8, 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:
October 08, 2024
Closed Session: 5:30 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER
The Regular Meeting of the City Council was called to order at 5:30 p.m.
ROLL CALL
Present: 4 - Council Members Sheridan, Johnson, and Magee; and Mayor Pro Tem Tisdale
Absent: 1 - Mayor Manos
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION - 5:30 P.M.
A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Medcare Farms 2.0 LLC Claim dated September 9, 2024
B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Gov’t Code Section 54956.9: 1 potential case
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: 28750 Pierce Ave; Lake Elsinore; APNs: 378-020-018, 378-020-052 Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and John R. Hernandez Trustee of the Hernadez Family trust dated April 14, 2019
Under negotiation: Price and terms of payment
Mayor Manos arrived at 5:45 p.m.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 2
RECONVENE/CALL TO ORDER
The Regular Meeting of the City Council reconvened and the Regular Meeting of the Successor Agency was called to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Mayor Manos led the Pledge of Allegiance.
ROLL CALL
Present: 5 - Council/Agency Members Sheridan, Johnson, and Magee; Mayor Pro Tem/Vice Chair Tisdale; and Mayor/Chair Manos
Absent: 0 - None
CLOSED SESSION REPORT
City Attorney Leibold reported that all three items were discussed and noted that the City Council directed staff to reject the claim listed under Item No. A and no reportable action was taken on the remaining items.
PRESENTATIONS/CEREMONIALS
1) Riverside County Sheriff's Office 2024 Third Quarter Statistical Update
Lieutenant Clark presented the update.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Kimberly Ryan was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Johnson, seconded by Council Member Magee to approve the City Council Consent Calendar with Item No. 9 being removed for discussion. The motion carried by the following vote:
Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
2) Minutes of the Regular City Council Meeting of September 24, 2024
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
3) CC Warrant Report Dated September 9, 2024 to September 15, 2024
Receive and file.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 3
This item was approved on the City Council Consent Calendar.
4) CC Warrant Report Dated September 16, 2024 to September 22, 2024
Receive and file.
This item was approved on the City Council Consent Calendar.
5) Purchase of approximately 19,602 square feet of Vacant Real Property at Graham Avenue, Lake Elsinore (APNs 374-262-013 and 374-262-018) for $195,000, plus closing costs
Approve the purchase of approximately 0.45 acre of unimproved real property located at Graham Avenue (APNs 374-262-013 and 374-262-018) for $195,000 plus closing costs, ratify the City Manager’s execution of the Agreement and Escrow Instructions for Purchase and Sale of Real Property, and further authorize the City Manager or designee to execute such other ancillary documents as may be necessary to complete the purchase, in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
6) Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2023
Receive and file the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2023.
This item was approved on the City Council Consent Calendar.
7) Cost Allocation Plan
Adopt and implement the Cost Allocation Plan prepared by Willdan Financial Services and approving the 19% overhead rate.
This item was approved on the City Council Consent Calendar.
8) Approve the Side Letter to the 2021-2026 Memorandum of Understanding (MOU) with LIUNA Local 777 (LIUNA)
Authorize the City Manager to Execute the Side Letter to the MOU with LIUNA Local 777 Amending the Changes of Benefits for Union-Represented and Non-Represented Employees for the Period of October 8, 2024, to June 30, 2026.
This item was approved on the City Council Consent Calendar.
9) Lake Elsinore Carwash Market Analysis and Findings
Receive and File the Lake Elsinore Carwash Market Analysis Report and Adopt the Report’s Findings that the City of Lake Elsinore is oversaturated with carwash businesses.
This item was removed from the City Council Consent Calendar for discussion.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 4
10) Notice of Decision – Planning Commission Approval of Planning Application No. 2019-80 for a Commercial Design Review and Two Conditional Use Permits to Develop an Approximately 3,300 sq. ft. Convenience Store with a New Gasoline Dispensing Facility and a 1,400 sq. ft. Drive-through Restaurant on a 3.57-acre portion of the Existing Ortega Oaks Plaza Located at 15890 Grand Avenue
Receive and File the Notice of Decision for Planning Application No. 2019-80 approved by the Planning Commission on September 17, 2024.
This item was approved on the City Council Consent Calendar.
11) Professional Services Agreement with VCS Environmental, Inc. for Environmental Documentation for the East Lake Villas Senior Living Community Project
Approve and authorize the City Manager to execute a Professional Services Agreement with VCS Environmental, Inc. in an amount not to exceed $71,545 to prepare California Environmental Quality Act (CEQA) Compliance documents, in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
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.
This item was approved on the City Council Consent Calendar.
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.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 5
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.
This item was approved on the City Council Consent Calendar.
15) Landscape Maintenance Agreement Between California Department of Transportation (Caltrans) and the City of Lake Elsinore for I-15 Main Street Interchange
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.
This item was approved on the City Council Consent Calendar.
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.
This item was approved on the City Council Consent Calendar.
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.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 6
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.
This item was approved on the City Council Consent Calendar.
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.
This item was approved on the City Council Consent Calendar.
ITEM REMOVED FROM THE CITY COUNCIL CONSENT CALENDAR FOR DISCUSSION
9) Lake Elsinore Carwash Market Analysis and Findings
Receive and File the Lake Elsinore Carwash Market Analysis Report and Adopt the Report’s Findings that the City of Lake Elsinore is oversaturated with carwash businesses.
Community Development Director Abraham presented the staff report.
A motion was made by Council Member Johnson, seconded by Council Member Magee to receive and file the report and adopt its findings. The motion carried by the following vote:
Aye: 5 Council Members Sheridan, Johnson, and Magee; Mayor Pro Tem Tisdale; and Mayor Manos
Nay: 0 None
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Agency Member Magee to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Sheridan, Johnson, and Magee; Vice Chair Tisdale; and Chair Manos
Nay: 0 None
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 7
20) Minutes of the Regular Successor Agency Meeting of September 24, 2024
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
21) SA Warrant Report Dated September 16, 2024 to September 22, 2024
Receive and file.
This item was approved on the Successor Agency Consent Calendar.
22) Agreement with KPA Services, LLC for Environmental Health & Safety Monitoring at Lake Elsinore Diamond Stadium
Approve and authorize the Executive Director to execute an Agreement with KPA Services, LLC, in an amount not to exceed $50,000.00 for Environmental Health and Safety Monitoring at Lake Elsinore Diamond Stadium in such final form as approved by the Agency Attorney and authorize the Executive Director to execute change orders not to exceed a 10% contingency amount of $5,000.00 for uncertainties and adjustments.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
Sharon Morris was called to speak.
CITY MANAGER'S COMMENTS
City Manager Simpson thanked the community and local businesses for supporting the shelter with meals during the Airport Fire.
CITY ATTORNEY COMMENTS
City Attorney Leibold had no comments.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Magee shared an update on the I-15 Express Lanes Southern Extension project and encouraged residents to attend a public meeting on October 23, 2024 from 6:00 – 8:00 p.m. in the Cultural Center; shared updates on the lake levels and testing; and invited the community to attend the Autocross Challenge on Saturday, October 12, 2024 at Diamond Stadium.
Council Member Johnson reported on her attendance at the Western Riverside County Regional Conservation Authority meeting on October 7, 2024; shared information on Crotch’s Bumble Bee; reported on her attendance at the Animal Friends of the Valleys Animal Shelter meeting on October 3, 2024; shared updates from the Homeless Task Force; congratulated Jeanie Corral for being awarded the Senior Legacy Award; shared updates from the City of Canyon Lake’s State of the City; and congratulated the Students of the Month for September and October.
City Council Minutes - Draft October 08, 2024
City of Lake Elsinore Page 8
Council Member Sheridan reported on his attendance at the Riverside Transit Agency Board of Directors meeting on September 26, 2024; shared information on Measure T, which will be on the ballot in November; shared his participation in a tour of Elsinore Elementary School; and encouraged the community to participate in the Inaugural Thunder Cares Golf Tournament on Monday, October 14, 2024 at CrossCreek Golf Club in Temecula.
Mayor Pro Tem Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on October 7, 2024; shared important election dates; shared dates and locations for Vote Centers and Ballot Drop-off Locations; expressed gratitude to the Ryans for their fundraising event and acknowledged their contributions to the community in memory of their daughter; highlighted the anniversary of a tragic event involving Hamas and emphasized support for Israel and the Jewish community; criticized governmental response to recent hurricanes and emphasized the importance of voting for officials who prioritize disaster response.
Mayor Manos announced and invited the community to attend the 2024 State of the City on October 17, 2024 from 5:30 – 8:30 p.m. at Pins and Pockets; and invited residents to participate in Trunk or Treat on Saturday, October 12, 2024 from 5:00 – 8:00 p.m. at Diamond Stadium.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:54 p.m. to the next Regular meeting of Tuesday, October 22, 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.
3)
Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the City 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:Barbara Leibold, City Attorney
Date:October 22, 2024
Subject:Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP
Recommendation
Approve and authorize the City Manager to execute Amendment No. 1 to the Engagement and Fee Agreement with Murphy & Evertz, LLP, to provide special counsel services to the City in such final form as approved by the City Attorney.
Background
The City entered into an Engagement and Fee Agreement dated February 27, 2024 with the law firm of Murphy & Evertz, LLP to provide special counsel services in connection with the acquisition of real properties identified by the City from time to time (the “Original Agreement”). By Resolution No. 2024-37, dated July 9, 2024, the City Council authorized the City Attorney to retain Murphy & Evertz LLP to represent the City in connection with the condemnation of certain easements necessary for the Murietta Creek Trail project.
Discussion
Staff is requesting the City Council approve Amendment No. 1 to the Engagement and Fee Agreement to authorize Murphy & Evertz LLP to continue to provide special counsel services as requested by the City, which may include pre-condemnation planning, consultation and condemnation litigation, including strategic and tactical advice, court appearances, discovery, pleadings and other representation up to and including trial. Murphy & Evertz LLP has provided excellent services to the City, and continuity is important to complete the actions necessary to acquire the Murrieta Creek Trail easements and such other property interests as the City may deem necessary in the future in connection with other projects.
Murphy & Everetz Amendment 1
Fiscal Impact
Funds to pay for legal services in connection with the acquisition of the Murietta Creek Trail Project Easements are available and will be paid from Active Transportation Program Grant funds.
Legal services for property acquisition related to other projects will be programed from such project budgets or the City’s Operating Budget or CIP prior to the commencement of such legal services.
Attachments
Attachment 1 – Amendment No. 1
Attachment 2 – Original Agreement
City Attorney’s Office
3 7
7 4
6 AMENDMENT NO. 1
TO ENGAGEMENT FEE AGREEMENT
Murphy & Evertz
Special Legal Services
This Amendment No. 1 to Engagement and Fee Agreement is made and entered into as of 10/22/2024, by and between the City of Lake Elsinore, a municipal corporation (“City) and Murphy & Evertz LLP, a California limited liability partnership (“Firm”).
RECITALS
A. The City and Firm entered into that certain Engagement and Fee Agreement dated as of 2/27/2024 for Special Eminent Domain Counsel in connection with acquisition of real properties identified by the City from time to time (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. By Resolution No. _____ dated July 9, 2024, the City Council authorized the City Attorney to retain the Firm to represent the City in connection with the condemnation of certain easements necessary for the Murietta Creek Trail project.
C. The Original Agreement provided for compensation for services in an amount not to exceed $30,000 which amount was increased to $50,000 by City Council Resolution No. ____.
D. The Firm has performed legal services pursuant to the Original Agreement and Resolution No. ____ and City desires Firm to continue to provide legal services requested by City which may include precondmenation planning, consultation and condemnation litigation, including strategic and tactical advice, court appearances, discovery, pleadings and other representation up to and including trial as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Firm agree as follows:
1. The last paragraph of Section 3, Fees and Expenses, of the Original Agreement is deleted in its entirety. Except for this change, all other terms and conditions of the Original Agreement shall remain in full force and effect and legal services will be provided by Firm to City in accordance with the terms and conditions thereof.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
City of Lake Elsinore, a municipal
corporation
“FIRM”
Murphy & Evertz, LLP
City Manager
Date:
____________________________
Douglas J. Evertz
Date: ________________
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
4)
Annexation No. 22 Into Community Facilities District No. 2015-2 (Maintenance Services) for TPM 37710 (Blazed Utopia)
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:October 22, 2024
Subject:Annexation No. 22 Into Community Facilities District No. 2015-2 (Maintenance Services) for TPM 37710 (Blazed Utopia)
Recommendation
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN.
Background
On September 22, 2015, the City Council approved Resolution No. 2015-078 establishing Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore (the “CFD No. 2015-2” or “District”) for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City.
RA & B Development, LLC (the “Owner”), owns 1.35 gross acres of a vacant commercial lot within the City. The Owner has requested that the City assist them in annexing territory into CFD No. 2015-2 (Maintenance Services) to cover the costs associated with the maintenance of public improvements. The improvements proposed to be maintained include items such as landscaping and street maintenance.
The landowner has advised the City that they would like the area described in Exhibit “B” of the Resolution of Intention to be annexed into CFD No. 2015-2 and that a Rate and Method of Apportionment of the special taxes to be levied as described in Exhibit “C.” Annexation No. 22 Into Community Facilities District No. 2015-2
The original area proposed within Annexation No. 22 will encompass a 17,037-square-foot cannabis facility. The territory proposed to be annexed into CFD No. 2015-2 will be included in Tax Zone 25. The property is located northeast of the intersection of Minthorn St and Spring St, east of Collier Ave, and southwest of the Interstate 15 freeway. The proposed total maximum tax rate is $5,569 per acre per year for Special Tax A and $755 per acre per year for Special Tax B.
The maximum annual tax rates are proposed to escalate each year at the greater of the Consumer Price Index (CPI) or 2%. See Exhibit 3 for a maintenance exhibit illustrating which services are being maintained by the CFD.
The Owner has agreed to the annexation into the CFD and submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act of 1982, requesting the annexation of property to CFD No. 2015-2 (Maintenance Services) and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election.
The next step in annexing the property to CFD No. 2015-2 is to publish a notification of the proposed district along with the “Resolution of Intention” and Boundary Map of the proposed Annexation area. A public hearing on the matter will take place on December 10, 2024, and at that time, the Council will formally consider approval of Annexation No. 22.
Fiscal Impact
On March 1 of each year, every taxable property for which a building permit has been issued will be subject to special taxes in the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to the buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be on undeveloped property within the Tax Zones. Once developed, the Special Tax A for Tax Zone 25 will generate $7,519 for maintenance services.
Attachments
Attachment 1 - Project Map
Attachment 2 - Resolution of Intention
Exhibits A - G
Attachment 3 - CFD Maintenance Exhibit
City Manager’s Office
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·|}þ74
CFD NO. 2015-2
ANNEXATION NO. 22
PROJECT MAP
RESOLUTION NO. 2024-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF THE CITY
OF LAKE ELSINORE, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 22) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES
THEREIN
Whereas, on September 22, 2015, the City Council (the “City Council”) of the City of Lake Elsinore (the “City”) approved Resolution No. 2015-078 establishing Community Facilities District No. 2015- 2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California, defined the "CFD No. 2015-2", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and
Whereas, the City Council has received a written instrument from the landowner in the CFD No. 2015-2 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2015-2 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and Whereas, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2015-2, that a rate and method of apportionment of the special tax to be levied therein be established;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, ACTING EX OFFICIO AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) OF THE CITY OF LAKE ELSINORE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District.
Section 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2015-2 (Maintenance Services)”.
Section 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2015-2 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2015-2 (Maintenance Services) of the City of Lake Elsinore, County of Riverside, State of California,” as recorded on August 19, 2015 in Book 78 of Maps of Assessment and Community Facilities District, Page 74, and as Instrument No. 2015-0369598 in the official records of the County of Riverside. The territory proposed to be annexed to the CFD No. 2015-2 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 22, Community Facilities District No. 2015-2 (Maintenance Services), CC Res. No. 2024-_____
City of Lake Elsinore, County of Riverside, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D.
Section 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2015-2 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2015-2, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2015-2. The Services authorized to be financed by CFD No. 2015-2 are in addition to those currently provided in the territory of CFD No. 2015-2 and do not supplant services already available within that territory.
Section 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2015-2, will be levied annually within CFD No. 2015-2. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C.
Section 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2015-2. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of Riverside no later than 15 days prior to the date of the hearing specified in Section 7 hereof.
Section 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Tuesday, December 10, 2024, in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2015-2.
Section 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2015-2. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act.
Section 9. Mailing Ballots. In anticipation of its action on Tuesday, December 10, 2024 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2015-2 a ballot, the full text of which shall be as set forth in Exhibit G hereto, and shall be included in the ballot pamphlet mailed to each qualified elector. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference.
CC Res. No. 2024-_____
PASSED and ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 22nd day of October 2024.
_____________________________
Steve Manos, Mayor
ATTEST:
_____________________________
Candice Alvarez, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2024-___ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of October 22, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Candice Alvarez, MMC, City Clerk
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015- 2”) Annexation No. 22 is currently comprised of one (1) parcel, located within the city boundaries. The property is identified by the following Riverside County Assessor's Parcel Number (APN).
TAX ZONE 25
APN Owners Name
377-220-037 RA & B Development, LLC
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015‐2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015‐2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015‐2; as well as local roads within residential subdivisions located within CFD No. 2015‐2; and any portions adjacent to the properties within CFD No. 2015‐2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015‐2 or for the benefit of the properties within the boundaries of CFD No. 2015‐2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015‐2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015‐2 before CFD No. 2015‐2 was created.
EXHIBIT C
RATE AND METHOD OF APPORTIONMENT
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
OF THE CITY OF LAKE ELSINORE
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2015-2 (Maintenance Services) (the “CFD No. 2015-2” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2015, in an amount determined by the City Council of the City of Lake Elsinore, acting ex officio as the legislative body of CFD No. 2015-2, by applying the rate and method of apportionment set forth below.
All of the real property in CFD No. 2015-2, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2015-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2015-2, or any designee thereof associated with fulfilling the CFD No. 2015-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2015-2 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2015-2 for any other administrative purposes of CFD No. 2015-2, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of Lake Elsinore, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of Riverside.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.
City of Lake Elsinore 1
Community Facilities District No. 2015-2 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD” or “CFD No. 2015-2” means the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services).
“City” has the meaning set forth in the preamble.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of Riverside.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1 st of any year to and including the following June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2.
City of Lake Elsinore 2
Community Facilities District No. 2015-2 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2015-2.
“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.
“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non-residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello-Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2015-2 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2015-2 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds.
City of Lake Elsinore 3
Community Facilities District No. 2015-2 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2015-2, which are not Exempt Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2015-2 at formation; additional Tax Zones may be created when property is annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2015-2 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi-family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi-family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
City of Lake Elsinore 4
Community Facilities District No. 2015-2 (Maintenance Services)
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
Acre
Maximum
Special Tax A
$121
Tract
LLA-2014-2743
Land Use Category
Non-Residential Property
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 2 below:
City of Lake Elsinore 5
Community Facilities District No. 2015-2 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
Acre
Maximum
Special Tax A
$121
Tract
LLA-2014-2743
Land Use Category
Non-Residential Property
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2015-2016 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 LLA-2014-2743 Acre $121
On each July 1, commencing on July 1, 2016 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
(i) Maximum Special Tax B (Contingent)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 1 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2015- 2016 within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone
1 Taxable
Unit
Acre
Maximum Special
Tax B (Contingent)
$0
Tract
LLA-2014-2743
Land Use Category
Non-Residential Property
City of Lake Elsinore
Community Facilities District No. 2015-2 (Maintenance Services) 6 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone
1 Taxable
Unit
Acre
Maximum Special
Tax B (Contingent)
$0
Tract
LLA-2014-2743
Land Use Category
Non-Residential Property
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2015-2, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2015-2016 within the Tax Zone is identified in Table 6 below:
City of Lake Elsinore 7
Community Facilities District No. 2015-2 (Maintenance Services)
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone Maximum Special
Tax B (Contingent)Tracts Taxable Unit
1 LLA-2014-2743 Acre $0
On each July 1, commencing on July 1, 2016 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year 2015-2016 and for each following Fiscal Year, the Council shall determine the Contingent Special Tax B Requirement and shall levy the Special Tax on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax B (Contingent) equals the Contingent Special Tax B Requirement. The Special Tax B (Contingent) shall be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;
City of Lake Elsinore 8
Community Facilities District No. 2015-2 (Maintenance Services)
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2015-2 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.
F. TERM OF SPECIAL TAX
For each Fiscal Year, the Special Taxes shall be levied as long as the Services are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2015-2, any Assessor’s Parcel in any of the following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public uses; or (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined by the Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2015-2 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2015-2 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.
City of Lake Elsinore 9
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX A
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2015-2.
TAX ZONE 25
TPM 37710
Item
1 Description
Landscaping
Estimated Cost
$3,342
2 3
4 Streets
Reserves
Admin
$2,599
$428
$1,150
$7,519Total
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of providing one year’s contingent services for Fiscal Year 2024-25. If necessary, these services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2015-2 Tax Zone 25.
TAX ZONE 25 (CONTINGENT SERVICES)
TPM 37710
Item
1 2
Description
Drainage
Reserves
Admin
Estimated Cost
$695
$70
$2543
Total $1,019
TAX ZONE 25
FY 2024-25 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Non-Residential Property
Taxable
Unit
Acre
Maximum
Special Tax A
$5,569
Maximum
Special Tax B
$755
TAX ZONE 25
FY 2024-25 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Acre
Maximum
Special Tax A
$5,569
Maximum
Special Tax B
$755
City of Lake Elsinore
Community Facilities District No. 2015-2 (Maintenance Services) 10 TAX ZONE SUMMARY
Tax
Zone
1 2
Tract
APN
LLA-2014-2743
36682
Fiscal
Year
Maximum
Special Tax A
$121 / Acre
$354 / RU
Maximum
Special Tax B
$0 / Acre
$102 / RU
Annexation
Original
Subdivider
Tractor Supply2015-16
2016-17
2017-18
2017-18
2017-18
2018-19
2019-20
2019-20
2019-20
2019-20
1 2
3 4
5 6
7 8
8 Pardee Homes
3 PM 29996 $951 / Acre
$2,671 / Acre
$378 / RU
$165 / Acre
$201 / Acre
$321 / RU
$0 / Acre
$56 / RU
Pasadena Industrial Park, LLC
ARI Chaney Street, LLC
LE Cottage Lane, LLC
Lake Elsinore CCR, LLC
Pardee Homes
4 PM 36551
5 TR 32996
6 365-030-001
TR 33267
$1,004/ Acre
$350 / RU7
8 PM 37284 $1,953 / Acre
$951 / RU
$0 / Acre
$384 / RU
$0 / Acre
Central Plaza
9 TR 37305 Nichols Rd Partners, LLC
Nichols Rd Partners, LLC10 TR 37305; Lot 169 $2,600 / Acre Donald S. Clurman &
Three Strands Properties, LLC &
Spectrum Communities, LLC
9 11 TR 32129 & 30698 2020-21 $541 / RU $69 / RU
10 11
12 12
12 13
14 15
TR 33370
PM 37534
TR 33725
TR 25475
2021-22
2021-22
2021-22
2021-22
$294 / RU
$1,113 / Acre
$749 / RU
$30 / RU
$0 / Acre
$87 / RU
$62 / RU
JLJ. LLC
SRZ Yuma, LLC
SPT-AREP III Tuscany Associates
SPT-AREP III Tuscany Associates$594 / RU
Wal-Mart Real Estate Business
Trust13 16 LLA 2019-007 2021-22 $407 / Acre $0 / Acre
14 15
16 17
18 19
TR 38008
TPM 37751
PM 37710
2021-22
2021-22
2021-22
$366 / RU
$2,188 / Acre
$1,034 / Acre
$123 / RU
$2,540 / Acre
$0 / Acre
Tri Pointe Homes IE-SD, Inc.
Boos-Up Lake Elsinore
Pennington Industrial, LLC
Lake Elsinore Lakeshore, LLC and
Erin Crowder17 20 TR 37280 2022-23 $323 / RU $5 / RU
18 19
20 21
22 21
22 23
24 25
TR 38116
TR 38378
2022-23
2023-24
2023-24
2023-24
2024-25
$387 / RU
$358 / RU
$82 / RU
$7 / RU
Tri Pointe Homes IE-SD, Inc.
Vista Emerald, LLC
TR 28214-9
BLD-2023-0026B
TPM 37710
$647 / RU $19 / RU Pulte Home Co.
$739 / Acre
$5,569/Acre
$288 / Acre
$755/Acre
Lake Street Properties, LP
RA & B Development, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2016 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
City of Lake Elsinore 11
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX B
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any portions adjacent to the properties within CFD No. 2015-2; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory of CFD No. 2015-2 before CFD No. 2015-2 was created.
City of Lake Elsinore 12
Community Facilities District No. 2015-2 (Maintenance Services)
APPENDIX C
CITY OF LAKE ELSINORE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES City of Lake Elsinore
Community Facilities District No. 2015-2 (Maintenance Services) 13 EXHIBIT D
ANNEXATION AND POTENTIAL ANNEXATION BOUNDARY MAPS
THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2
(MAINTENANCE SERVICES), OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
SHEET 1 OF 1 SHEET
ANNEXATION MAP NO. 22
COMMUNITY FACILITIES DISTRICT NO. 2015-2
(MAINTENANCE SERVICES)
CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
RECORDED THIS ____ DAY OF _______________, 20____ AT
THE HOUR OF ____ O'CLOCK __M IN BOOK _____
PAGE _____ OF MAPS OF ASSESSMENT AND COMMUNITY
FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY
RECORDER, IN THE COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
THE
DISTRICT ARE SHOWN AND DESCRIBED ON THE MAP
THEREOF WHICH WAS PREVIOUSLY RECORDED ON
BOUNDARIES OF WHICH COMMUNITY FACILITIES
AUGUST 13, 2015 IN BOOK 78 OF MAPS OF ASSESSMENT
AND COMMUNITY FACILITIES DISTRICT AT PAGE 73 AND
AS INSTRUMENT NO. 2015-0361493 IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA.
FEE: _____________
PETER ALDANA, ASSESSOR, COUNTY CLERK, RECORDER
NO.: ______________________
BY: _______________________________
DEPUTY
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED
BOUNDARIES TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES), CITY OF LAKE ELSINORE,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, WAS APPROVED
BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AT A REGULAR MEETING THEREOF, HELD ON ______ DAY OF ______, 20____,
BY RESOLUTION NO. _______________ § ¦
15 ___________________________________
CITY CLERK
CITY OF LAKE ELSINORE
FILED IN THE OFFICE OF THE CITY CLERK, CITY OF LAKE
ELSINORE THIS ______ DAY OF ______, 20___.
___________________________________
CITY CLERK 25
CITY OF LAKE ELSINORE 377-220-037
þ
74 § ¦
215
§ ¦
15 CFD 2015-2
TAX ZONE 25
_ LEGENDLAKE ELSINORE
PARCEL LINE
þ
74 ANNEXATION AREA BOUNDARY
CITY BOUNDARY
XXX-XXX-XXX
25 ASSESSOR PARCEL NUMBER
TAX ZONE
-
THIS ANNEXATION MAP CORRECTLY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT.
FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2024-25.
EXHIBIT E
PETITION
PETITION TO THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE REQUESTING ANNEXING TERRITORY INTO COMMUNITY
FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) OF PROPERTY
WITHIN THE CITY OF LAKE ELSINORE AND A WAIVER
UNDER
1982
WITH
THE
AND
RESPECTS TO CERTAIN PROCEDURAL
COMMUNITY FACILITIES
MATTERS
ACT OFMELLO-ROOS
CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY
THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY
FACILITIES DISTRICT
1. The undersigned requests that the City Council of the City of Lake Elsinore (the “City”), initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2015-2 (Maintenance Services) (the “District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the Community Facilities District.
2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition.
3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District described in Exhibit A hereto and as shown on the map Exhibit B hereto.
4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed annexation into Community Facilities District No. 2015-2 The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on annexing territory into Community Facilities District No. 2015-2 or at the next available meeting.
5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. The undersigned expressly waives the word limit requirement for the ballots pursuant to Sections 13247 and 9051 of the Elections Code.
6. The undersigned hereby acknowledges and agrees that the measure submitted in connection with the special election referred to herein, as set forth in the ballot provided to the undersigned, asked voters whether or not the District should be authorized to levy a special tax in order to finance services (the
"Services"), as specified in the Resolution No. 2015-078, adopted by the City Council of the City on September 22, 2015 (the “Resolution of Formation”). The Resolution of Formation described the Services to be financed by the District. The Rate and Method of Apportionment of the Special Tax for the District (the “Rate and Method”) is included in the ballot materials provided to the undersigned for the election (the “Ballot”). The Rate and Method contains detailed provisions specifying (i) the type of the Special Tax and the amount or rate of the Special Tax to be levied on each parcel of property in the District, (ii) the duration of the Special Tax (the fiscal year after which the Special Tax will no longer be levied), and (iii) the use of the revenue derived from the Special Tax to pay for the Services. The undersigned, having received and reviewed the Rate and Method and the Ballot will be, at the time it votes on the measure submitted to voters in the Ballot, in possession the type and amount or rate of the Special Tax, the duration of the Special Tax and the use of the revenue derived from the Special Tax, is fully informed with respect thereto and has a thorough understanding thereof.
7. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2015-2 of the portion of the incorporated area of the City of Lake Elsinore or the special election therein shall be invalidated or affected by any such irregularity, error, mistake or departure.
IN WITNESS WHEREOF, I hereunto set my hand this 8 day of AUGUST , 2024 . [NAME OF LANDOWNER]
By:
Name: JAFAR RAHMAN
Title: DEVELOPER
OWNER'S PROPERTY: RA & B DEVELOPMENT
TRACT MAP OR PARCEL MAP NO.
or PROJECT NO. PA 2018-49/TPM 37710/IDR 2019-01
OWNER'S MAILING ADDRESS:
328 N State Street
HEMET CA 92543
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THIS DAY OF , 20 .
City Clerk of the City Council of the
City of Lake Elsinore
EXHIBIT F
NOTICE OF PUBLIC HEARING
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 22)
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore on October 22, 2024 adopted its Resolution No. 2024-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2015-2 (Maintenance Services) (the "CFD No. 2015-2"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2015-2 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Tuesday, December 10, 2024 in the City Council Chambers located at 183 N Main St., Lake Elsinore, California 92530, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2015-2. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the December 10, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of Lake Elsinore (www.lake-elsinore.org), and outside of City Hall at 130 S. Main Street, Lake Elsinore, CA 92530.
A copy of the Agenda will be made available upon request to the Lake Elsinore City Clerk's office at 951- 674-3124; Ext. 262
DATED: ____________, 20___ _________________________________________ City Clerk of the City of Lake Elsinore
EXHIBIT G
BALLOT
SPECIAL TAX ELECTION
CITY OF LAKE ELSINORE
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 22
(December 10, 2024)
This ballot is for the use of the authorized representative of the following owner of land within Annexation No. 22 of the Community Facilities District No. 2015-2 (Maintenance Services) (“CFD No. 2015-2”) of the City of Lake Elsinore:
Number of Acres
Name of Landowner
RA & B Development, LLC
Owned
1.35 Total Votes
2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of Lake Elsinore (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to be annexed to the CFD No. 2015-2, City of Lake Elsinore, County of Riverside, State of California. Please advise the City Clerk, at (951) 674-3124 x 261 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than November 26, 2024, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on December 10, 2024, at the Clerk’s office at 130 N Main St. Lake Elsinore, CA 92530.
However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 10, 2024.
Very truly yours,
Candice Alvarez, MMC,
City Clerk
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner:
RA & B Development, LLC
Attn: Jafar Rahman
Assessor’s Parcel Number(s):
377-220-037
328 N. State Street
Hemet, CA 92543
ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) ANNEXATION NO. 22
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT MARK “YES” OR
“NO” WITH AN “X”:SPECIAL TAX BALLOT MEASURE
Shall the City Council of the City of Lake Elsinore be authorized to levy a special tax on an annual basis at the rates set forth in the following table: YES _________ Land Use Category
Non-Residential Property
Maximum Special Tax A Maximum Special Tax B
$5,569 $755
plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax A and Maximum Special Tax B (Contingent) for Developed Property, Approved Property and Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index for the Riverside-San Bernardino-Ontario California Standard Metropolitan Statistical Area since the beginning of the preceding Fiscal Year or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 22 of Community Facilities District No. 2015-2 (Maintenance Services) City of Lake Elsinore” including landscaping and streets for Special Tax A and drainage for Special Tax B (Contingent) as provided in the Rate and Method of Apportionment which is attached as Exhibit C to Resolution No. 2024-__ adopted by the City Council of the City of Lake Elsinore on October 22, 2024 (including incidental expenses) and shall an appropriation limit be established for Community Facilities District No. 2015-2 (Maintenance Services) in the amount of special taxes collected?
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.
Jafar Rahman
Developer
Signature
Print Name
Title
EXHIBIT H
MAINTENANCE EXHIBIT
VICINITY MAP
NOT TO SCALE
EXISTING BUILDING
TRASH
ENCLOSURE
BIO-RETENTION
SWALE
30' 30' 16'-6" 34' 20'
0' 10' 20' 40'
CFD MAINTENANCE AREA LEGEND
STREET 26,174 SF. = 0.60 AC.
2,393 .SF = 0.05 AC.
NORTH SCALE: 1"=20'-0"
EXISTING SIDEWALK
STREETSCAPE 7,333 SF = 0.17 AC.
QTY. - 9 EA.NEW STREET TREE
15 GAL. SCHINUS MOLLE
CALIFORNIA PEPPERS
(E) STREET TREE QTY.- 5 EA.
QTY.- 0
SCHINUS MOLLE/
CALIFORNIA PEPPERS
STREET LIGHT
CITY STD. 503
Landscape Architects & Planners
4345 E. Lowell Street Suite M
Ontario, CA 91761 LP1.01
DIAL
BEFORE
YOU DIG
TWO WORKING
DAYS BEFORE
YOU DIG
CFD MAINTENTANCE
SITE PLAN EXHIBIT
[ph] 909-259-9428 1 1SIGNATURE
09/30/2025
RENEWAL DATELandArq [email protected]
TOLL FREE 1-800-227-2600
A PUBLIC SERVICE BY 07/10/2024
DATEUNDERGROUND SERVICE ALERT 07/10/2024
1-800-227-2600
VICINITY MAP
NOT TO SCALE
EXISTING BUILDING
TRASH
ENCLOSURE
BIO-RETENTION
SWALE
30' 30' 16'-6" 34' 20'
0' 10' 20' 40'
CFD MAINTENANCE AREA LEGEND
STREET 26,174 SF. = 0.60 AC.
2,393 .SF = 0.05 AC.
NORTH SCALE: 1"=20'-0"
EXISTING SIDEWALK
STREETSCAPE 7,333 SF = 0.17 AC.
QTY. - 9 EA.NEW STREET TREE
15 GAL. SCHINUS MOLLE
CALIFORNIA PEPPERS
(E) STREET TREE QTY.- 5 EA.
QTY.- 0
SCHINUS MOLLE/
CALIFORNIA PEPPERS
STREET LIGHT
CITY STD. 503
Landscape Architects & Planners
4345 E. Lowell Street Suite M
Ontario, CA 91761 LP1.01
DIAL
BEFORE
YOU DIG
TWO WORKING
DAYS BEFORE
YOU DIG
CFD MAINTENTANCE
SITE PLAN EXHIBIT
[ph] 909-259-9428 1 1SIGNATURE
09/30/2025
RENEWAL DATELandArq [email protected]
TOLL FREE 1-800-227-2600
A PUBLIC SERVICE BY 07/10/2024
DATEUNDERGROUND SERVICE ALERT 07/10/2024
1-800-227-2600
5)
Change Order No. 1 to the Public Works Construction Agreement with SAS Construction, Inc. for Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006)
Approve and authorize the City Manager to execute Change Order No.1 for the not to exceed amount of $1,024,850.00 to SAS Construction, Inc. Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006) 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:Shannon Buckley, Assistant City Manager
Date:October 22, 2024
Subject:Change Order No. 1 to the Public Works Construction Agreement with SAS Construction, Inc. for Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006)
Recommendation
Approve and authorize the City Manager to execute Change Order No.1 for the not to exceed amount of $1,024,850.00 to SAS Construction, Inc. Concrete Footings and Foundation, Bid Set ‘A,’ on the New City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney.
Background
On March 26, 2024, a Public Works Construction Contract was awarded to SAS Construction, Inc. in the amount of $2,690,000.00 for the City Hall Concrete Footings and Foundation.
On August 22, 2024, the City posted on PlanetBids the notice inviting bids for the City Hall Bid Set “D” Metal Stud Framing with Additive Alternate Interior two-hour and one-hour glass walls.
During the open bid time frame, fourteen (14) prime contractors reviewed the bid document; however, on the bid date deadline of September 25, 2024, no bids were submitted. On October 30, 2024, the City re-opened the City Hall Bid Set “D” Metal Stud Framing with Additive Alternate Interior two-hour and one-hourglass walls. During the second open bid timeframe, Nine (9) prime contractors reviewed the bid document; however, on the bid date deadline of October 9, 2024, no bids were submitted. It was determined through discussions with some of the known PlanetBids registered prime vendors the reasons why the contractors did not submit a qualifying bid. Multiple reasons existed, and the most common reasons were the physical location of the project, timing, and additional contractor commitments.
Change Order No. 1 – SAS Construction, Inc.
Discussion
Following these efforts to receive competitive bidding, the City engaged and negotiated a Change Order to perform the Bid Set “D” Metal Stud Framing scope of work with SAS Construction Inc., the City Hall contractor performing the Bid Set “A” Concrete Footings and Foundation.
If no bids are received, the California Contract Code, Chapter 22038, provides exceptions to notices inviting bids. Stated, “If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account or negotiated contract without further complying with this contract code article.” Therefore, the City has negotiated a Change Order for the entire scope of work within the anticipated amount.
Fiscal Impact
In this change order, all the scope of work elements in the notice inviting bid, Bid Set “D,” Metal Stud Framing, are affirmed. Attachment “B,” 2024-0821 Lake Elsinore City Hall- Bid Set “D,” Metal Stud Framing complete set, details the construction scope of work as defined in the architectural drawing. It is further understood that the Contractor, SAS Construction Inc., will provide a fully bonded (Labor, Material, and Performance bonds) change order from a California-admitted surety for the additional scope of work.
Attachments
Attachment 1 – Change Order No. 1
Exhibit A – Proposal
City Manager’s Office
1 DATE:
QUANTITY UNIT
Lump Sum 1.00
Lump Sum 1.00 $70,000.00
Lump Sum 1.00 $150,000.00
Lump Sum 1.00 $250,000.00
Lump Sum 1.00 $250,000.00
Lump Sum 1.00 $250,000.00
Lump Sum 1.00 $29,850.00
TOTAL
SUM OF
1 Review by: Initials Date Date
Metal Stud Interior Metal Stud Framing Material
Metal Stud Interior Framing Labor
Metal Stud Exterior Metal Stud Framing Material
Overhead
$150,000.00
$250,000.00
$250,000.00
$29,850.00
PRIOR TO THIS CHANGE ORDER
CONTRACTOR IS AUTHORIZED TO MAKE THE FOLLOWING CHANGES:
City Manager
$250,000.00
UNIT PRICE EXTENSIONITEM
Mobilization & Demobilization Including
Construction Schedules
(Not To Exceed 3% of Total Bid)
ITEM
QUANTITIES DECREASED
$70,000.00
$25,000.00$25,000.00
Labor, Material and Performance Bonds
Metal Stud Exterior Framing Labor
UNIT PRICE
CITY PROJECT #
March 26, 2024DATE AWARDED:
PROJECT TITLE: City Hall Footings and Foundation, Bid Set ‘A’ SAS Construction Inc. #Z20021
Authorized by: Jason Simpson TOTAL AMOUNT OF CONTRACT
$2,690,000.00
QUANTITIES INCREASED
CITY OF LAKE ELSINORE
130 S. MAIN STREET
LAKE ELSINORE, CA 92530
(951) 674-3124
October 22, 2024
PROJECT CHANGE ORDER CHANGE ORDER #
THIS CHANGE ORDER IS APPLICABLE TO:
CONTRACT AWARDED TO:
City Manager:
$1,024,850.00
Approved by:
Contractor
Change Order No.
Assistant City Manager
EXTENSION
THE AMOUNT OF THE CONTRACT WILL BE (INCREASED) BY THE
$1,024,850.00
None
QUANTITY
301 West Dyer Road Unit D Santa Ana CA 92707
(949) 800-9247 | [email protected]
DATE: 10/11/2024 PROJECT NAME
TO: MR. GUS PAPAGOLOS D Metal Walls -City Hall
CONTRACT #
NA
CONTRACT DATE:
C.O. / P.C.O. #
RFI Reference:
According to Plans ISSUED 12/01/2023, Sheets A2.1,A2.2,A2.3,A2.16, ONLY
METAL STUDS
Mobilization & Demobilization Including Construction Schedules (Not To Exceed 3% of Total Bid) $25,000.00
Labor, Material and Performance Bonds $70,000.00
Metal Stud Interior Metal Stud Framing Material $150,000.00 Metal Stud Interior Framing Labor $250,000.00
Metal Stud Exterior etal Stud Framing Material $250,000.00 Metal Stud Exterior Framing Labor $250,000.00
SUBTOTAL $995,000.00
3% Overhead & Insurance $29,850.00
TOTAL $1,024,850
Contractor's Signature: __________________________________ Date: 10/11/2024 Owner/Client's Signature: ________________________________ Date:_______________ Proposal # 1771
Accepted - The above prices and specifications of this Change Order are satisfactory and are hereby accepted. All work to be performed under same terns and conditions as specified in orgininal contract unless otherwise stipulated.
SAS Constructions
6)
Purchase of York Air Conditioning System at Wholesale Cost from Amber Air Conditioning Inc.
Authorize the City Manager to purchase the York air conditioning system with heat pumps for the City Hall Building Project (CIP Project Z20006) at wholesale cost from Amber Air Conditioning, Inc.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:October 22, 2024
Subject: Purchase of York Air Conditioning System at Wholesale Cost from Amber Air Conditioning Inc.
Recommendation
Authorize the City Manager to purchase the York air conditioning system with heat pumps for the City Hall Building Project (CIP Project Z20006) at wholesale cost from Amber Air Conditioning, Inc.
Background
The City Hall Building heating and air conditioning requirements have been designed with highly efficient elements to meet the needs of the facility at both extreme hot and cold temperature levels. The higher ceiling and greater interior volume of the building, together with room sizes with expansive glass windowed areas, will place higher heating and air conditioning demands on the system. Throughout the entire building design process, Amber Air Conditioning, Inc. has provided highly technical expert design work and recommended more efficient equipment selections and installation considerations.
Discussion
Staff, together with Amber Air Conditioning, Inc., has marketed the heating and air conditioning system to the most favorable American manufactured systems capable of satisfying all the system requirements. The two highly sought-after manufacturers considered in this purchase are York Air Conditioning and Carrier Air Conditioning. Taking into consideration the geopolitical threats to global transportation and the potential for interruption of equipment obtainability, staff limited the purchasing of this equipment to the United States manufactured brands that could meet all the system requirements.
Air Conditioning System – New City Hall
Below is the wholesale cost from both York and Carrier:
Manufacturer Cost
York Air Conditioning $275,438.00
Carrier Air Conditioning $374,031.00
Both prices have been set at the wholesale cost to the City by Amber Air Conditioning and are purchased directly from the manufacturer. The key components of the equipment purchase include the following items:
•YORK Air Conditioning split system heat pumps
•Ductless Heat Pump
•Handling Charge
•Shipping Charge (factory)
•Thermostats
•Exhaust Fans
•Smoke Duct Detectors
The York air conditioning system package at wholesale cost is 20% less than the contractor's cost. This savings has been passed on to the City by Amber Air Conditioning, Inc.
Fiscal Impact
The City Hall Project (CIP Project Z20006) is included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget.
Attachments
Attachment 1 - York & Carrier Quotes
City Manager's Office
7)
Award of a Public Works Agreement to Best Contracting Services Inc. for the roofing, Bid Set ‘G,’ on the New City Hall Project (CIP Project #Z20006) Approve and authorize the City Manager to execute a public works agreement to Best Contracting Services Inc. in an amount not to exceed $297,249.00 for the roofing, bid set ‘G,’ on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $29,725.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:October 22, 2024
Subject: Award of a Public Works Agreement to Best Contracting Services Inc. for the roofing, Bid Set ‘G,’ on the New City Hall Project (CIP Project #Z20006) Recommendation
Approve and authorize the City Manager to execute a public works agreement to Best Contracting Services Inc. in an amount not to exceed $297,249.00 for the roofing, bid set ‘G,’ on the new City Hall Project (CIP Project #Z20006) in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $29,725.00 for construction uncertainties and adjustments, and authorize the City Clerk to file the notice of completion once the entire scope of work is complete and return withheld retention to the contractor.
Background
Construction bid documents were prepared, and the project was advertised for bid in accordance with the requirements outlined in the California Public Contract Code. On September 9, 2024, the City posted on PlanetBids the notice inviting bids for the City Hall roofing project (CIP Project # Z20006). On Wednesday, September 25, 2024, a site visit and job walk were conducted at the project site, and all responses to the notice inviting bid questions were posted on PlanetBids.
Three bids were received on or before the deadline of 2:00 PM on Wednesday, October 9, 2024.
The bids were reviewed in PlanetBids, examined, and declared in City Hall. The bid results were posted in PlanetBids shortly after staff review. Following the examination of the bids, the low bidder, Best Contracting Services Inc., was reviewed and interviewed by staff and determined to be complete.
Roofing Bid Set “G” – New City Hall
Discussion
The companies listed below submitted a bid. Staff verified the references and work product of the low bidder, Best Contracting Services Inc. and the contractor was briefed on the scope of work.
A thorough site visit was performed to assess the work requirements better. Listed below are the submitted proposals for the City Hall roofing scope of work, bid set ‘G’:
COMPANY AMOUNT
Best Contracting Services, Inc. $297,249.00
Rite-Way Roofing Corporation $377,000.00
Danny Letner, Inc. $379,600.00
In this construction agreement, the key elements will include the following items:
•Mobilization & Demobilization, Including Construction Schedules •(Not To Exceed 3% of Total Bid)
•Labor Material and Performance Bonds
•Ultra-Ply TPO Membrane Roofing (20-Year Warranty)
•Roof Drains and Flashing
Immediately following the construction of the structural steel and concrete flooring, the TPO roofing installation will proceed, and the estimated duration of the roofing portion is 20 working days. Additional construction work will be performed simultaneously during the roofing installation.
Fiscal Impact
Funding costs are included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.
Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
City Manager’s Office
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
B
est Contracting Services, Inc.
For the
City Hall Roofing
Bid Set ‘G’
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of October 22, 2024 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Best Contracting Services Inc. (“Contractor”).
The City and Contractor, in consideration of the mutual promises and covenants set forth herein, agree as follows:
1. The Project and Project Documents. Contractor agrees to construct the following public improvements (“work”) identified as:
Cit
y Hall Roofing, Bid Set ‘G’(the “Project”)
The City-approved plans for the construction of the Project, which are incorporated herein by reference and prepared by Staff, are identified as:
Bid Set ‘G’, Roofing
The Project Documents include this Agreement and all of the following: (1) the Notice Inviting Bids, Instructions to Bidders, Bid Documents including Bidder’s Proposal as submitted by the Contractor, Contract Documents, General Specifications, Special Provisions, and all attachments and appendices; (2) everything referenced in such documents, such as specifications, details, standard plans or drawings and appendices, including all applicable State and Federal requirements; (3) all required bonds, insurance certificates, permits, notices, and affidavits; and (4) any and all addenda or supplemental agreements clarifying, amending or extending the work contemplated as may be required to insure completion in an acceptable manner. All of the provisions of the above-listed documents are made a part of this Agreement as though fully set forth herein.
2. Compensation.
a. For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to construct the Project, including furnishing all materials and performing all work required for the Project, and to fulfill all other obligations as set forth in the Bidder’s Proposal, such contract price being two hundred ninety-seven thousand two hundred forty-nine dollars and no cents ($297,249.00). 2 b. City hereby promises and agrees to employ, and does hereby employ, Contractor to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices set forth, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Project Documents.
c. Contractor agrees to receive and accept the prices set forth in the Bidder’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the Project Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
3. Completion of Work.
a. Contractor shall perform and complete all work within 20 working days from the date of commencement specified in the Notice to Proceed, and shall provide, furnish and pay for all the labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required for construction of the Project. b. All work shall be performed and completed in a good workmanlike manner in strict accordance with the drawings, specifications and all provisions of this Agreement as hereinabove defined and in accordance with applicable laws, codes, regulations, ordinances and any other legal requirements governing the Project.
c. Contractor shall not be excused with respect to the failure to so comply by any act or omission of the City, the City Engineer, a City inspector, or a representative of any of them, unless such act or omission actually prevents the Contractor from fully complying with the requirements of the Project Documents, and unless the Contractor protests at the time of such alleged prevention that the act or omission is preventing the Contractor from fully complying with the Project Documents. Such protest shall not be effective unless reduced to writing and filed with the City within three (3) working days of the date of occurrence of the act or omission preventing the Contractor from fully complying with the Project Documents. d. City and Contractor recognize that time is of the essence in the performance of this Agreement and further agree that if the work called for under the Agreement is not completed within the time hereinabove specified, damages will be sustained by the City and that, it is and will be impracticable or extremely difficult to ascertain and determine the actual amount of damages the City will sustain in the event of, and by reason of, such delay. It is, therefore, agreed that such damages shall be presumed to be in the amount of $1,000 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work. 3 4. Changes to Work. City and Contractor agree that the City may make changes to the work, or suspend the work, and no matter how many changes, such changes or suspensions are within the contemplation of the Contractor and City and will not be a basis for a compensable delay claim against the City nor be the basis for a liquidated damage claim against the Contractor.
Any change to the work shall be by way of a written instrument (“change order”) signed by the City and the Contractor, stating their agreement to the following:
a. The scope of the change in the work;
b. The amount of the adjustment to the contract price; and c. The extent of the adjustment to the Schedule of Performance.
The City Engineer is authorized to sign any change order provided that sufficient contingency funds are available in the City’s approved budget for the Project. All change in the work authorized by the change order shall be performed under the applicable conditions of the Project Documents. City and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes.
5. Bonds. Contractor shall provide, before commencing work, a Faithful Performance Bond and a Labor and Material Bond, each for one-hundred percent (100%) of the contract price in the form that complies with the Project Documents and is satisfactory to the City Attorney.
6. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Contractor without the prior written consent of City.
7. Licenses. Contractor represents and warrants to City that it holds the contractor’s license or licenses set forth in the Project Documents, is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5, and holds such other licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license.
8. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, the County and Board Supervisors, 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
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roperty, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation C overage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California for all of the subcontractor’s employees. Any notice of cancellation or non-renewal of all Workers’ Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney.
ii. Commercial General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage.
iii. Automobile Liability C overage. 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.
5 iv. Builder’s Risk Coverage. Prior to the commencement of any construction of the Project, Design-Builder shall obtain (or cause to be obtained) and keep in force during the term of any construction, builder’s risk insurance insuring for all risks of physical loss of or damage (excluding the perils of earthquake and flood).
v. Professional Liability Coverage. Contractor shall maintain professional errors and omissions liability insurance appropriate for Contractor’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Contractor’s services under this Agreement, whether such services are provided by the Contractor or by its employees, subcontractors, or sub consultants.
The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general commercial liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations.
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 6 performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
10. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Lake Elsinore
Attn: City Manager
130 South Main Street
Lake Elsinore, CA 92530
With a copy to: City of Lake Elsinore
Attn: City Clerk
130 South Main Street
Lake Elsinore, CA 92530
If to Contractor: Best Contracting Services Inc
Attn: S ean Tabazadeh
1902 7 Hamilton Ave
Gardena CA 90248
11. Entire A greement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties for obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
14. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
15. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
16. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 7 17. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.
18. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
19. Authority to Enter Agreement and A dministration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: ( a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The City Engineer shall act as the Project administrator on behalf of the City.
20. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
21. Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
22. Prevailing Wages.
a. Contractor and all subcontractors shall adhere to the general prevailing rate of per diem wages as determined and as published by the State Director of the Department of Industrial Relations pursuant to Labor Code Sections 1770, 1773, and 1773.2. Copies of these rates and the latest revisions thereto are on file in the office of the City Clerk of the City of Lake Elsinore and are available for review upon request. 8 b. Contractor's attention is directed to the provisions of Labor Code Sections 1774, 1775, 1776, 1777.5 and 1777.6. Contractor shall comply with the provisions of these Sections. The statutory provisions for penalties for failure to comply with the State's wage and the hours laws will be enforced.
c. Labor Code Sections 1774 and 1775 require the Contractor and all subcontractors to pay not less than the prevailing wage rates to all workmen employed in the execution of the contract and specify forfeitures and penalties for failure to do so. The minimum wages to be paid are those determined by the State Director of the Department of Industrial Relations. Labor Code Section 1776 requires the Contractor and all subcontractors to keep accurate payroll records, specifies the contents thereof, their inspection and duplication procedures and certain notices required of the Contractor pertaining to their location. The statutory penalties for failure to pay prevailing wages will be enforced. If the Project has been awarded to Contractor on or after April 1, 2015, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner. Beginning January 1, 2016, Contractor and its subcontractors must furnish electronic certified payroll records to the Labor Commissioner without regard to when the Project was awarded to Contractor. d. Labor Code Section 1777.5 requires Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the Joint Apprenticeship Committee nearest the site of the public works project, which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Agreement. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade and if other contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards. Labor Code Section 1777.6 provides that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices solely on the grounds of race, religious creed, color, national origin, ancestry, sex, or age. e. Eight hours labor constitutes a legal day's work, as set forth in Labor Code Section 1810.
23. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [
Signatures on next page]
9 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”
Best Contracting Services, Inc.
City Manager
ATTEST:
By: Sean Tabazadeh
Its: CEO/Secretary
City Clerk
APPR
OVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
8)
Professional Services Agreement with Environmental Science Associates (ESA) for Historic Resources Inventory Update
Approve and authorize the City Manager to execute an agreement with Environmental Science Associates in an amount not to exceed $116,066 to conduct a citywide historic resources survey 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:Damaris Abraham, Community Development Director Date:October 22, 2024
Subject:Professional Services Agreement with Environmental Science Associates (ESA) for Historic Resources Inventory Update
Recommendation
Approve and authorize the City Manager to execute an agreement with Environmental Science Associates in an amount not to exceed $116,066 to conduct a citywide historic resources survey in such final form as approved by the City Attorney.
Background
The current historic resource inventories for the City were completed in 1983 and 1991, and due to a lack of subsequent updating, the information contained in those surveys is significantly outdated. In January 2019, the City Council adopted a Historic Preservation Ordinance in order to fulfill the City’s responsibilities regarding historic resources under applicable State and federal preservation laws. A comprehensively updated citywide Historic Resources Inventory (HRI) would implement Section 15.78.060 of the City’s Historic Preservation Ordinance (Lake Elsinore Municipal Code Chapter 15.78). The updated HRI and associated comprehensive report would assist in supporting the City’s preservation goals, including streamlining the application processes for redevelopment, alterations, and demolition, benefiting City staff, property owners, and project applicants.
City staff met with the Lake Elsinore Historical Society, which helped in the selection of Environmental Science Associates. They are supportive of the City’s efforts to complete this important step, and staff will continue to keep the Lake Elsinore Historical Society involved as the work product is developed.
ESA Agreement – Historic Resources Inventory
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Discussion
On November 15, 2023, the City posted on Planetbids a Request for Proposal (RFP) inviting proposals from qualified consulting firms to update the City’s HRI. Five proposals were submitted on or before the due date of December 28, 2023. All proposals were reviewed and satisfied the City’s requirements as specified in the RFP.
Review of the RFP centered on the quality and thoroughness of the proposal, qualifications and experience of staff, cost, and references. Based upon this review, staff has recommended ESA.
The basis of the recommendation of this firm includes the following:
•Expertise in historic resource investigations,
•Experience in completing numerous large-scale, intensive-level surveys, •Provided the most cost-effective approach, and
•The proposal was the most responsive and provided an appropriate delivery of service.
ESA will conduct and prepare a citywide HRI to update the inventories previously completed in 1983 and 1991. This project would accomplish the following primary goals:
•Evaluate the current status of those structures located within the boundaries of the City of Lake Elsinore that are described in the Historic Resources Inventory completed by the County of Riverside in 1983 and those structures described in the Survey of Historic Structures and Sites completed by the Elsinore Valley Community Development Corporation in 1991,
•Determine if the previously surveyed structures retain enough historic integrity to remain eligible for listing. Identify structures, if any, that are no longer eligible for local listing due to alterations or demolition or lack of historic integrity, •Identify which structures remain eligible despite alterations, •Conduct a citywide survey of structures that are more than 50 years old and were not previously included in a previous HRI,
•Identify those structures, if any, which are eligible for listing for the National Register of Historic Places, the California Register of Historical Resources, California Points of Historic Interest, Riverside County Historical Landmark and/or Local Historic Landmark, and
•Analyze whether there are any geographic or thematic groupings of properties that would comprise a potential historic district and map the appropriate district boundary.
Fiscal Impact
The cost for these services will be paid from funds allocated in the Community Development Department budget.
ESA Agreement – Historic Resources Inventory
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Attachments
Attachment 1 – Professional Services Agreement with ESA Exhibit A – ESA’s Proposal
Community Development
AGREEMENT FOR PROFESSIONAL SERVICES
Environmental Science Associates
Historic Resources Inventory
This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 22, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Environmental Science Associates, a California Corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Historic resources inventory update and associated historic context statement.
B. Consultant has submitted to City a proposal, dated January 11, 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). Notwithstanding the foregoing, Consultant shall not be responsible for delays or damages due to causes beyond Consultant's reasonable control.
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.
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8 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed one hundred sixteen thousand and sixty-six dollars ($116,066) 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.
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8 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; provided, however, modification of any work product by the City, or use of the work product for any purpose not specifically intended by this Agreement, shall be at City’s sole risk and the City agrees to release, defend, indemnify and hold harmless Consultant and its subconsultants for, from and against any and all liability, claims damages, losses, actions, or expenses related to or arising out of such use or modification. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third-party requests of Consultant shall be immediately referred to City, without any other actions by Consultant.
b. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
8. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3)
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8 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.
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8 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 providing similar services under similar circumstances.
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 (except for professional liability claims), and hold harmless the City and its officials, officers, employees, 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, by the willful misconduct or
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8 negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable. 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 (except for professional liability claims) as set forth in Section 2778 of the California Civil Code. Irrespective of any language to the contrary in this Agreement, Consultant has no duty to provide or to pay for an up- front defense against unproven claims or allegations arising out of the performance of professional services by Consultant, but Consultant shall reimburse those reasonable attorney’s fees incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, agents or subcontractors. 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
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8 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 and Professional Liability, 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.
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8 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: Environmental Science Associates
Attn: Shannon Papin
420 Exchange, Ste. 260
Irvine, CA 92602
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.
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8 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.
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8 26. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside.
27. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal.
30. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. [Signatures on next page]
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8 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
“CONSULTANT”
Environmental Science Associates, a
California Corporation
By: Shannon Papin
Its: Project Manager
Attachments: Exhibit A – Consultant’s Proposal
Exhibit B – List of Subcontractors
EXHIBIT A
EXHIBIT A
CONSULTANT’S PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
City of Lake Elsinore
Historic Resources Inventory Update
Technical Proposal
Environmental Science Associates
January 11, 2024 esassoc.com
420 Exchange, Suite 260
Irvine, CA 92602
949.753-7001 phone
949.753-7002 fax
esassoc.com
January 11, 2024
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, California 92530
RE: PROFESSIONAL SERVICES FOR A HISTORIC RESOURCES INVENTORY UPDATE AND AN
ASSOCIATED HISTORIC CONTEXT STATEMENT
To Whom It May Concern:
Environmental Science Associates (ESA) appreciates the opportunity to submit this proposal to prepare a historic con- text statement and to conduct a citywide survey of historical resources for the City of Lake Elsinore. We understand the City wishes to update previous historic resource inventories completed in 1983 and 1991, and to identify any buildings or structures potentially eligible for listing on the National Register of Historic Places, on the California Register of Histori-cal Resources, and as California Points of Historic Interest, Riverside County Historical Landmarks, and Local Historic Landmarks. The updated historical resources inventory and associated comprehensive report would assist in supporting the City’s preservation goals, including streamlining the application processes for redevelopment, alterations, and dem-olition, benefiting both City staff and property owners and project applicants.
ESA has provided specialized environmental consulting services for more than 50 years. ESA’s expertise in historic re-source investigations and numerous large-scale, intensive-level surveys throughout the greater Los Angeles Metropolitan area) makes us well suited to efficiently and successfully meet the City’s needs for this important project.
ESA recently completed a reconnaissance-level survey of the West San Gabriel Valley and associated historic contexts for eight com-munities in unincorporated Los Angeles County. Additionally, prior to her tenure at ESA, Project Manager Shannon L. Papin successfully managed five large-scale countywide historic surveys in South Dakota, where every structure within the county over the age of 50 years was evaluated for historic significance and potential eligibility for state and national registers. Ms. Papin and ESA have a proven track record of completing complex projects and high- quality work products on time and on budget.
ESA looks forward to working with the City of Lake Elsinore to comprehensively update its historic inventory and historic context statement to document the unique patterns of development that contribute to its rich history. Please contact Project Manager Shannon L. Papin at (505) 231.0285 or [email protected] with your questions or comments regard- ing our proposal. Thank you for your time and consideration.
Sincerely,
Shannon L. Papin
Project Manager
Ruta Thomas,
Vice President,
Southern California Regional Director
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Table of Contents
SECTION 1
Firm History, Organization, and Culture������������������������������������������������������������������5 SECTION 2
Team������������������������������������������������������������������������������������������������������������������������������������������������������������7 SECTION 3
Project Understanding and Approach����������������������������������������������������������������������9 SECTION 4
Relevant Project Experience ������������������������������������������������������������������������������������������ 14 SECTION 5
Schedule����������������������������������������������������������������������������������������������������������������������������������������������17 SECTION 6
Costs ��������������������������������������������������������������������������������������������������������������������������������������������������������18 SECTION 7
Exceptions to RFP�����������������������������������������������������������������������������������������������������������������������18 SECTION 8
Insurances and Licenses�����������������������������������������������������������������������������������������������������18
ATTACHMENTS
Attachment A: Resumes
Attachment B: Costs
Attachment C: Sample Insurance and Licenses
Historic Resources Inventory Update
January 11, 2024
Environmental Science Associates
esassoc.com
Firm Histor y,
Organization, and
Culture
1969 100% 700+ESA is an environmental consulting and community planning firm that helps public and private sector clients understand, address, and solve environmental issues; develop urban
planning strategies; and make policy decisions. Since 1969, ESA has guided integrated decision-making, developing
innovative and workable solutions that inform projects based on science, policy, and planning. We are a 100 percent
employee-owned, California-based S-corporation with offices across the West Coast and the Southeast. We have more
than 700 in-house environmental specialists and community planners, which allows us to achieve truly integrated solutions in preparing environmental documentation for compliance with the California Environmental Quality Act (CEQA).
FOUNDED EMPLOYEE- STAFF
OWNED
CHIEF EXECUTIVE OFFICER
Leslie Moulton-Post
With a vested interest in the success of our firm, you will find that our employees are highly dedicated and collaborative, always seeking to find the best outcomes to benefit our
clients. ESA staff is fully integrated between offices; as a result, we can easily assemble teams with a broad variety of specialists to meet the unique needs of individual projects.
CHIEF FINANCIAL CHIEF OPERATING
OFFICER OFFICER
Albert Cuisinot Eric Haase
REGIONAL DIRECTORS (4)
As employee-owners, our commitment to diversity and
inclusion is a meaningful and central part of who we are as a company, and it is one of the core pillars of our current five- year strategic plan.
BUSINESS GROUP DIRECTORS (18)
PRACTITIONERS/SUBJECT MATTER EXPERTS (675+)
Historic Resources "I am energized by ESA’s commitment to justice, equity, diversity, and inclusion. It is core to our
firm’s mission, vision, and values, and foundational
to our purpose of using our professional skills to
have a positive impact in making our world more
equitable, sustainable, and resilient."
Qualifications
Our Southern California Architectural History Team has
prepared numerous historic contexts, historic resource
evaluations, historic resource surveys, mitigation solutions such as Historic American Buildings Surveys and interpretive materials, environmental impact report sections, and
other related cultural resource studies for a wide array of projects in Southern California. We work closely with clients and regulators during initial planning and environmental review stages of proposed projects to proactively design — Leslie Moulton-Post, CEO (on the importance of
JEDI principles as a part of ESA's culture)
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practical solutions that address their cultural resource and built environment challenges. With decades of experience evaluating potential sites for historic eligibility and managing the preservation and treatment of historical resources, we distinguish ourselves by preparing efficient and effective documentation in conformance with local municipal codes and preservation ordinances, California Public Resources Code and state preservation guidelines, CEQA requirements, the Secretary of the Interior’s Standards, and Section 106 of the National Historic Preservation Act.
Within the field of historic preservation and architectural history, ESA offers experts who are highly qualified in the technical analysis of cultural and historic resources. All of our architectural history staff meet and exceed the Secretary of the Interior’s Professional Qualifications Standards (36 CFR Part 61) for History, Architectural History, and/or Historic Architecture. Our team has extensive experience inventorying and evaluating historic-age buildings and structures for eligibility for listing in the National Register of Historic Places, California Register of Historical Resources, and local historic resource registers across the state. For this contract, ESA has selected the most qualified staff to assist the City of Lake Elsinore in accomplishing its goals.
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Team
ESA’s dedicated and passionate team of historic resources enthusiasts is committed to the invaluable task of preserving historic and cultural resources. Through exhaustive research, field surveys, and collaborative efforts, we aim to breathe new life into historical records, ensuring they accurately reflect the unique stories and significance of each site. With an unwavering dedication to accuracy and cultural sensitivity, our historic resources team stands at the forefront of safeguarding the City’s legacy for future generations. Together, we embark on the noble mission of not only preserving the city’s history but also making it accessible and meaningful to all who seek to connect with the roots of the community it represents.
Shannon Papin, project manager, will be the single point of contact serving as a liaison between the City and the project team and responsible for the day-to-day management of the project. She will be supported by Antonette Hrycyk, deputy project manager, who will work closely with the project manager to coordinate with the in-house team and ensure the seamless integration of project research and field data into the overall documentation. Both Shannon and Antonette will have the expertise of Margarita Bray-Jerabek, strategic advisor, who will be responsible for providing strategic insight and technical advice on an as-needed basis. Additionally, Architectural Historian Valerie Smith will assist with coordination of survey information and Department of Parks and Recreation (DPR) forms. Biographies for key staff are provided below and resumes for the entire team can be found in Attachment A.
Organizational Chart
PROJECT MANAGER TECHNICAL ADVISOR
Shannon Papin Margarita Jerabek-Bray, PHD
DEPUTY PROJECT MANAGER
Antonette Hrycyk
TECHNICAL TEAM
Historic Documentation
Shannon Papin
Antonette Hrycyk
Valerie Smith
Surveyors
Antonette Hrycyk
Valerie Smith
GIS / Technology
Jason Nielsen
Alison Garcia-Kellar
bold text = Technical Lead
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SHANNON L. PAPIN, Project Manager / Historic
Documentation Technical Lead
Shannon Papin will serve as the project manager and the primary contact working directly with the City of Lake Elsinore. Ms. Papin is a senior architectural historian and cultural resources specialist with over 25 years of professional experience in architectural history; cultural resources management; and historic preservation planning, policy, and economics. At ESA, she serves as our historic services manager. She has authored numerous historic resources assessments, State and National Register nominations, historic structure reports, CEQA impacts analyses, feasibility studies, Los Angeles Historic-Cultural Monuments nominations, and Historic American Buildings Survey and Historic American Engineering Record reports. She has extensive experience with survey and associated historic contexts, including multiple countywide surveys for the State of South Dakota State Historic Preservation Office. Her most recent project was a survey and context of the West San Gabriel Valley, done at the behest of Los Angeles County.
She has worked with multiple municipalities throughout Southern California, including Pasadena, Los Angeles, Beverly Hills, Santa Monica, West Hollywood, Long Beach, Culver City, Glendale, Alhambra, Altadena, San Gabriel, Santa Ana, Lancaster, Agoura Hills, and Avalon. Shannon will serve as the project manager and the City’s point of contact and will be responsible for day-to-day coordination, management of survey work, overseeing research, and management and completion of all deliverables.
ANTONETTE HRYCYK, M.S. | Deputy Project Manager /
Surveyor Technical Lead / Survey Technical Lead
Antonette is an architectural historian with 11 years of experience in historical research, museum collections, exhibit design, and educational outreach. Her work in historical and cultural heritage in California has included authoring and conducting research for the development of historic resource assessments, National and California Register nominations, visitor studies of museums, and interpretive public history sites. Prior to her work with ESA, Antonette worked in both formal and informal education for K-12 Schools, natural history museums, zoos and environmental education organizations, and historical societies and museums. Antonette applies her understanding of urban development and historic research to inform historic resource evaluations and assessments in Southern California, with a focus on the greater Los Angeles area and San Diego Her day-to-day responsibilities include site visits and documentation, historical research, report writing, and preparation of DPR forms. Antonette will conduct archival research, surveys, and report preparation for City task orders. Her most recent project was assisting Ms. Papin with the San Gabriel Valley Area Plan, which included a reconnaissance-level survey and associated historic context.
MARGARITA JER ABEK-BR AY, PHD, Technical Advisor
Margarita has 35 years of professional experience as an architectural historian in historic resources management and preservation, including 17 years of experience as ESA’s director of historic resources.
She has managed ESA’s on-call historic preservation contracts for Santa Monica, Los Angeles, West Hollywood, South Pasadena, Long Beach, Laguna Beach, Hermosa Beach, and the Los Angeles Unified School District, as well as an on-call cultural resources services contract for the San Bernardino Department of Public Works. She has managed numerous task orders under on-call contracts for the City of Los Angeles Recreation and Parks Department, City of Los Angeles Bureau of Engineering, Los Angeles County Department of Public Works, Long Beach Unified School District, San Diego County Recreation and Parks, San Diego Department of Public Works, San Diego Unified School District, and Port of San Diego. She is an expert in preservation planning and preservation law, an accomplished regulatory practitioner, and has served for many years as a trusted consultant for municipal and county agencies. A highly accomplished technical practitioner, she is well versed in National Park Service requirements and the Secretary of the Interior’s Standards and Guidelines, California’s historical resources statutes and policies, and local ordinances and planning requirements. Margarita will provide strategic guidance on complex historic preservation issues, as needed. 8 Historic Resources Inventory Update
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Project Understanding and
Approach
Project Understanding
Located in the heart of Southern California, Lake Elsinore is not merely a geographic location but also a repository of stories. The City of Lake Elsinore seeks a consultant to develop a Comprehensive Historic Resource Inventory and Historic Context Statement (Comprehensive Report) to record and preserve these stories and to provide a framework to assist in future evaluations of the built environment within the City. The final Comprehensive Report will assist City staff with future CEQA compliance, General Plan updates, and downtown revitalization efforts, among other benefits. Our architectural historians seek to capture not only tangible touchstones of the past but also the intangible essence that defines each community�
Two previous surveys provide guidance on existing historic resources. In 1983, the City of Lake Elsinore commissioned a historic resources inventory, resulting in survey information for approximately 266 buildings, structures, and trees, some addresses with multiple buildings and structures. In 1991, the Elsinore Valley Community Development Corporation produced a survey of historical structures and sites, which contained 199 buildings. There are 160 buildings which appear on both surveys; therefore there are a total of 305 buildings, structures, and objects which have previously been identified as historic within Lake Elsinore and its sphere of influence.
These surveys are a testament to the City’s efforts to recognize and preserve its heritage. However, over 30 years have passed since these surveys were completed, during which time the City of Lake Elsinore and the surrounding area has seen a massive wave of development and new residents. ESA is excited about the opportunity to assist the City in its commitment to preserve Lake Elsinore’s unique heritage and to ensure that its legacy continues to inspire and resonate with future generations of residents through the development of a Comprehensive Historic Resources Inventory and Historic Context Statement.
According to the RFP, 878 parcels over the age threshold of 50 years will need to be surveyed. ESA’s own data, obtained from the Riverside County Open GIS Data Source, indicates that if the threshold is updated to 45 years to comply with guidance provided by the State Office of Historic Preservation’s Instructions for Recording Historical Resources (March 1995), approximately 1,400 parcels will need to be surveyed. Because the City of Lake Elsinore desires this Comprehensive Historic Context Statement and Historic Resource Inventory to assist with the requirements of CEQA, 9 Historic Resources Inventory Update
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ESA authored this proposal under the assumption that the 45-year age threshold will be the most economical and strategic choice for the City of Lake Elsinore. The 45-year age threshold meets CEQA requirements and will give the City time to adopt the Comprehensive Report and integrate its findings into the planning process.
Therefore, ESA assumes that a total of approximately 1,700 parcels will be surveyed within the limits of the City of Lake Elsinore and its sphere of influence (Study Area) in order to complete the Comprehensive Report as desired by the City�
Project Approach
Task 1: Project Initiation
ESA will review relevant plans and policies and compile a list of data requests from the Historic and GIS teams. Copies of relevant files, reports, forms, base maps, and databases will be requested and obtained as available. ESA will work with City staff to compile and confirm a list with updated and accurate contact information for all parties involved with the project, including stakeholders who have expressed an interest in providing research materials or feedback at critical points throughout the project. The project team will meet with the City staff to finalize the scope of work, schedule, and data needs.
Assumpꢀons:
ÎCommunications will be conducted via email and Microsoft Teams/Zoom.
ÎThe City will provide access to all previous surveys, contexts, and general plans to assist ESA in their research.
ÎThe City will provide updated boundaries of the City Limits and the “sphere of influence” along with assessor parcel information, including date of construction, to ESA’s GIS team.
Task 2: Kick-Off Meeting
This phase is essential to establish a clear foundation of understanding of the project as well as established communication protocols that will be used throughout. ESA will meet virtually with City staff and two members of the Lake Elsinore Historical Society. Topics of this meeting will include confirmation of project goals, opportunities, and constraints; organization of background materials and baseline data; clarification of the work plan and schedule; establishment of project management roles and responsibilities; and establishment of data management and communication protocols.
Deliverable:
ÎSummary memo of kick-off meeting (communication protocol, finalized scope of work, project schedule).
Assumpꢀons:
ÎThe City will be responsible for scheduling the kick-off meeting with all appropriate parties�
ÎAny community outreach will be conducted by the City of Lake Elsinore 10 Historic Resources Inventory Update
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Task 3: Initial Research
ESA will review the existing historical resources data and associated surveys, reports, studies, plans, publications, mapping, and property data. Documents such as the 2011 Lake Elsinore General Plan, its appendices, the 16 district plans that have been published since, and the 1983 Riverside County Historic Survey and the 1991 Survey of Historic Structures and Sites will provide a starting point for this effort. ESA will also review the Built Environment Resources Directory maintained by the California Office of Historic Preservation to ensure that all previously evaluated or identified resources are addressed. Other research on the history of the City and its sphere of influence will include a review of published books and pamphlets, parcel maps, zoning maps, historical maps, Sanborn maps, aerial photography, and any archives at the Lake Elsinore Historical Society. ESA will also review pertinent information from our in-house library.
With these resources, ESA will develop a draft outline for the Historic Context to guide more focused research and writing as the project progresses.
Deliverable:
ÎDraft Historic Context Outline.
Assumpꢀons:
ÎESA will not respond to comments on the draft Historic Context outline from the City but will incorporate any comments and suggestions into the Draft Historic Context Statement draft (Task 4).
Task 4: Historic Context Statement
In addition to prior study and evaluation review, ESA will leverage its knowledge of the geography and history of the area to organize existing contextual information and identify gaps in the historical narrative. A combination of outreach, consultation with the City and community, research, and field data collection will provide a solid foundation for the Historic Context Statement to cover all aspects of the history, land use patterns, and societal and cultural influences that have significantly shaped the development of Lake Elsinore. The resulting Historic Context Statement will identify a period of significance and registration requirements for each identified theme. This will serve as the basis for evaluating the significance of the properties within the study area under Task 7.
Deliverable:
ÎDraft Historic Context Statement.
Assumpꢀons:
ÎThe Historic Context Statement (Task 4) and fieldwork (Task 5) will be performed at the same time; information from the fieldwork and survey is likely to inform the final Historic Context Statement.
ÎIf there are no architectural resources identified under a specific historical theme, no registration requirements will be developed.
A general history of each theme will be developed; however, it will not be as in-depth as themes for which there are extant historic resources�
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Task 5: Fieldwork
For this project, ESA proposes that the field survey be split into two phases. The first would occur during the initial research phase (Task 3) and would concentrate on establishing the existing conditions of properties that have been previously documented. This survey would document the integrity of all these buildings, confirm the boundaries of the City of Lake Elsinore Downtown Historic National Register District, and confirm if any of the structures have been demolished since the publication of the 1983 Riverside County Historic Survey and the 1991 Survey of Historic Structures and Sites. ESA will prepare an existing conditions memorandum for the City that will include updated survey information and status codes for all previously surveyed resources, and likely boundaries of the previous Lake Elsinore Downtown Historic National Register District.
The second phase would be a reconnaissance survey of all of the historic-age buildings and structures (45 years old or greater) within the project area. This survey will be conducted from public rights-of-way to record/confirm property data through photography and field notes. Prior to beginning both phases of fieldwork, ESA’s GIS team will develop a map of the survey area on the iPad application FieldMaps in addition to pre-populating an Excel database to assist in the survey. This survey database will, at a minimum, include the property type, location (APN and address), and date of construction. ESA anticipates that approximately 1,700 parcels will be surveyed, resulting in 250–300 potentially eligible resources. At all times, ESA surveyors in the field will carry a letter from the City explaining the nature of the project, should any local residents have questions or concerns about survey personnel taking photos of potential resources�
Deliverables:
ÎExisting conditions memorandum.
ÎSurvey database (Excel).
Assumptions:
ÎAll buildings and structures will be surveyed from the public right-of-way. If they are not publicly accessible, buildings and structures will not be surveyed, and it will be indicated in the survey database.
ÎIf there are significant properties that the City wishes to have surveyed that are not able to be surveyed from the public right-of-way, the City will be responsible for coordinating access for ESA to survey the property.
ÎOnly potentially eligible properties will be recorded using DPR forms. Properties that are not significant or do not retain the required historic integrity will be presented in an Excel database that includes each property’s address, APN, and date of construction.
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Task 6: Analysis
Following the fieldwork (Task 5) and a review of the historic research and developed Historic Context Statement, ESA will prepare a preliminary determination of the significance for each property using the guidance from the California Office of Historic Preservation as detailed in its Instructions for Recording Historical Resources. Each property will be assigned the appropriate preliminary California Historical Resource Status (CHRS) Code.
Information collected during fieldwork (Task 5) will be included in the California Department of Parks and Recreation 523 series (DPR 523) form sets or within the survey database (Excel) as appropriate. The Lake Elsinore Downtown Historic National Register District will be documented on a District Record (DPR523D), with contributing resources documented individually on DPR523A forms and included as attachments to the District Record. Additional historic resources and potential new historic districts identified outside of the Lake Elsinore Downtown Historic National Register District will be recorded on Primary Record (DRP523A) and Secondary Record (DPR523B) forms with continuation sheets as needed�
Deliverables:
ÎDraft DPR forms for both the Lake Elsinore Downtown Historic National Register District and individually evaluated resources. ESA estimates there will likely be 250–300 eligible resources.
ÎUpdate survey database with California Historical Resource Status Codes.
ÎAn optional meeting with the City of Lake Elsinore summarizing results and progress of survey.
Assumpꢀons:
ÎBuildings which were surveyed on the 1983 Riverside County Historic Survey or the 1991 Survey of Historic Structures and Sites that have lost integrity, been demolished, or no longer fall within the City’s boundaries will be included in the Excel database, but no DPR forms will be prepared for these buildings.
ÎFull evaluation of any properties or districts is not covered under the scope of this project, only a preliminary determination of potential eligibility and the assigning of a CHRS status code.
ÎDPR523A forms will not be completed for any properties assigned a “6” or “7” CHRS status code (these are properties that are determined ineligible or were unable to be surveyed). However, a list of these resources will be compiled for the City’s record.
Task 7: Update Meeting
Ongoing coordination between the City of Lake Elsinore and ESA will be performed primarily through email, though meetings may be scheduled at any time on Zoom or Microsoft Teams if either the City or ESA needs to involve multiple stakeholders in an update.
Deliverable:
ÎNotes will be taken for any meetings and distributed to all parties that participated�
Assumptions
ÎESA assumes no more than four online meetings will be necessary for the completion of this project.
ÎESA assumes that the only in-person meetings will be one update meeting during the fieldwork (Task 5) and the presentation of the findings of the Final Report to the Planning Commission and City Council (Task 11). 13 Historic Resources Inventory Update
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Task 8: Final Evaluation and Documentation
ESA will document all eligible properties surveyed on State of California DPR 523A forms and will file all appropriate forms and data with the California Historical Resources Information System.
Deliverable:
ÎNo specific deliverables will be prepared for this task. All DPR forms will be included as an appendix to the Final Comprehensive Report (Task 9).
Assumption:
ÎESA will not prepare a DPR form for any properties ruled ineligible.
Task 9: Prepare Final Report
ESA will prepare a Draft Final Comprehensive Report that contains both the complete Historic Context Statement and the updates to the Historic Resources Inventory as its major components. Other portions of the report will include objectives, descriptions of the area surveyed, research design, methodology, sources, and any appropriate maps.
Deliverable:
ÎDraft Comprehensive Historic Resource Inventory and Historic Context Statement.
Assumption:
ÎESA will respond to one round of comments (Task 10).
Task 10: Wrap-Up Meeting
ESA will provide the Draft Comprehensive Final Report to the City Steering Committee for review and will respond to one round of comments on the revised document.
Deliverable:
ÎIncorporation of comments into the Final Comprehensive Report.
Assumpꢀon:
ÎThe City of Lake Elsinore will be responsible for notifying property owners of the inclusion of their property on the HRI and will be responsible for the final determination of inclusion of private property.
Task 11: Present Findings of Final Comprehensive Report to Planning Commission and City Council
ESA will prepare and present, with City Staff, a PowerPoint presentation of the results of the project to the City of Lake Elsinore Planning Commission and to the City Council.
Deliverables:
ÎPowerPoint Presentation.
ÎFinal Comprehensive Historic Resource Inventory and Historic Context Statement (digital only).
Relevant Project Experience
We have highlighted three recent historic resources projects that are especially relevant to the City of Lake Elsinore Community Development Department’s needs and interests. 14 Historic Resources Inventory Update
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West San Gabriel Valley Area Plan & PEIR
ESA is working collaboratively with Client Name
the County of Los Angeles in the
preparation of an Area Plan for West
County of Los Angeles,
Department of Regional Planning
San Gabriel Valley (WSGV) in Los
Angeles County. Our Architectural
History team researched and
wrote historic context statements
Reference
Mi Kim, Supervising Regional Planner
P: 213.974.6425
E: [email protected]
for eight communities within
the unincorporated areas of Los Benefit Statement:
Angeles County in the WSGV, Ms. Papin and Ms. Hyryck led historical resources on the large-
scale survey and associated
historic context. They successfully
completed two weeks of long days
in the field and have developed
a protocol for the assessment
of resources in a quick but
including a general history of the San Gabriel Valley, timelines of historical events and impacts, community-specific historical backgrounds, examination of 12 significant themes within the region, and registration requirements for potential resources (associated property types, eligibility standards, and character-defining features, and integrity consideration). Additionally, the team completed a community cultural assets brief that identified the known cultural and paleontological resources within each of the eight communities as well as opportunities to highlight and promote cultural assets and potential future development constraints. Finally, the team authored a Historic Preservation Element that outlined a comprehensive set of objectives and policies for the preservation and enhancement of the historic resources of the eight communities included within the plan area.
comprehensive manner.
Adelante Eastside Redevelopment Area Survey
ESA led an intensive-level
survey for the Adelante Eastside
Redevelopment Area which involves
Client Name
City of Los Angeles, Community
Redevelopment Agency
the identification, evaluation, and
documentation of all Potentially Reference
Robert Manford, PhD., Urban
Planning, Land Use and International
Development
eligible historical resources located
within the redevelopment area. The
redevelopment area encompasses P: 408.535.7900
approximately 2,200 acres and E: [email protected] includes approximately 2,800
Benefit Statement:parcels of land in the Boyle Heights community. The area is made up of a mix of low- to moderate-density urban uses, including residential, commercial and industrial resources dating from the 1880s through the 1950s, as well as some later infill development. Commercial development is concentrated along the major east-west streets, avenues and boulevards, while industrial uses are generally concentrated adjacent to the Los Angeles River and on the southern portion of the Project Area. Residential architecture, including single-family dwellings as well as mixed-use commercial/residential buildings, exists along the commercial corridors and in some scattered locations within the industrial areas�
ESA staff completed significant
research on the Boyle Heights
neighborhood, allowing them to
develop a framework of associated
history while actively surveying.
This context enabled them to
successfully assess large numbers of
historic resources in the field.
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State of South Dakota Historic Preservation
Ms. Papin performed four county- Client Name
wide architectural surveys for
the State of South Dakota, where
South Dakota State Historic
Preservation Office
every structure over 50 years
of age within the county was
evaluated for historic significance.
For Moody County, completed
Reference
Chris Nelson, Historic Preservation
Specialist
P: 605-773-3103
E: [email protected] 2017 – 2018, approximately 521 square miles were surveyed,
resulting in approximately 200 Benefit Statement:
Ms. Papin has a proven track record
of successfully managing large-
scale surveys with a significant
number of resources to record.
She is comfortable in the field,
doing research in new places, and
managing survey personnel.
rural and urban resources recommended as potentially eligible for the National Register of Historic Places, including farmsteads, schools, commercial buildings, churches, industrial/agricultural resources, cemeteries, and residences. For Walworth County, completed in 2016 – 2017, approximately 745 square miles were surveyed, resulting in approximately 150 rural and urban resources recommended as potentially eligible for the National Register of Historic Places, including farmsteads, schools, commercial buildings, churches, industrial/ agricultural resources, cemeteries, and residences. For McPherson County, completed in 2014 – 2015, approximately 1,152 square miles were surveyed, resulting in approximately 170 rural and urban resources recommended as potentially eligible for the National Register of Historic Places, including farmsteads, schools, commercial buildings, churches, industrial/agricultural resources, cemeteries, and residences. For Tripp County, completed in 2011-2012, approximately 1,617 square miles were surveyed, resulting in approximately 350 rural and urban resources recommended as potentially eligible for the National Register of Historic Places, including farmsteads, schools, commercial buildings, churches, industrial/agricultural resources, cemeteries, and residences. All four projects included research and the completion of an accompanying historic context and report. Inventory forms were completed for all survey resources, regardless of eligibility status. 16 Historic Resources Inventory Update
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Schedule
All ESA team members with resumes included in Attachment A will be available to work on the Comprehensive Report.
We carefully track and plan staff hours using Deltek Vision software to accurately plan for future work. Our goal is to run at 60% capacity to have the ability to take on new work and best serve all our clients’ needs by delivering high-quality projects on time and on budget. By focusing only on our areas of expertise, we effectively manage our workload and maintain availability for new assignments. We anticipate a nine-month project schedule, beginning on April 1, 2024, with project completion anticipated by December 31, 2024.
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Costs
ESA has provided a detailed summary of our proposed project budget based on our proposed scope of work and the information presented in the RFP. Our proposed cost is $99,961 as detailed in Attachment B.
Exceptions to RFP
While ESA intends to sign into agreement, we would like to recommend the following exceptions stated within the RFP for Professional Services for a Historic Resources Inventory Update.
1. 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 providing similar services under similar circumstances expertise�
2. 15. Indemnity. Consultant shall indemnify, defend (except for professional liability claims), 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 (except for professional liability claims) as set forth in Section 2778 of the California Civil Code� Irrespective of any language to the contrary in this Agreement, Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations arising out of the performance of professional services by Consultant, but Consultant shall reimburse those reasonable attorney’s fees incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, agents or subcontractors.
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.
Insurance and Licenses
ESA has provided a sample insurance and licensing in Attachment C� 18 Historic Resources Inventory Update
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Attachment A:
Resumes
Shannon L. Papin
Project Manager / Historic Documentation Technical Lead Shannon L. Papin is a Senior Architectural Historian and Cultural Resource Specialist with 25 years of professional experience in architectural history, historic resource management, and historic preservation planning, policy, and economics. Her qualifications meet and exceed the Secretary of the Interior’s Professional Qualification Standards in History and Architectural History. Shannon has a proven track record of historic resources management and preservation consultation services for all stages of project development, preparation of required documentation for environmental compliance, project review and permitting, and implementation of mitigation measures.
She has authored numerous historic resource assessments, State and National Register Nominations, historic structure reports, CEQA Impacts Analysis, historic resource technical reports, feasibility studies, LAHCM nominations, and HABS/HAER reports. She has managed and conducted planning and technical studies for a broad range of clients and projects throughout Southern California and western states.
EDUCATION
M.A., in Historic
Preservation (American
Studies Department)
George Washington
University Washington,
DC.
B.A., in English (Writing)
Rhodes College Memphis,
TN.
Previous Experience
County-wide Architectural Surveys, South Dakota. Project Manager. Shannon served as the Project Manager on four county-wide architectural surveys, including integrity evaluation, identification of potentially significant resources for inclusion in the National Register of Historic Places; research and writing of an accompanying historic context.
Locations included: Tripp County: 1,617 square miles, 351 surveyed resources, McPherson County: 1,152 square miles, 168 surveyed resources, Walworth County: 745 square miles, 211 surveyed resources, and Moody County: 521 square miles, 204 surveyed resources. 25 YEARS’ EXPERIENCE
CERTIFICATIONS/
REGISTRATION
Approved Consultant,
California Historical
Resources Information
System Consultant List
(History & Architectural
History) Pasadena Avenue Historic District, Pasadena, CA. Project Manager. Shannon completed re-survey and prepared State and National Register Nomination of historic district that included approximately 130 residential resources.
Certified Historian &
Architectural Historian,
New Mexico SHPO
Directory Multiple Property Documentation Form for the Cañon neighborhood, Taos, NM.
Project Manager. Shannon performed the initial neighborhood survey, individual nominations for three resources, and associated historic context. The properties listed included a residential compound, a guesthouse/hotel and a community chapel.
Approved Historian, City
of Santa Fe, NM
PROFESSIONAL
AFFILIATIONS
Alhambra Health Center, Historic Resource Assessment and Focused EIR, Alhambra, California. Project Manager for Historic Resource/Principal Architectural Historian.
Shannon led the historic resource analysis for the Alhambra Health Center EIR, prepared by ESA for the City of Alhambra. The project would redevelop a 23,000-sf medical facility constructed in 1930 and found eligible for the National Register of Historic Places. ESA’s environmental analysis found the project would result in a significant and unavoidable impact. In addition to the initial assessment of the building, Shannon was responsible for developing a range of feasible alternatives to avoid or reduce impacts, authoring architectural studies on the adaptive reuse and rehabilitation of the structure, and Society of Architectural
Historians, Member
National Trust for Historic
Preservation and NTHP
Forum, Member
Preservation Action,
Member
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Shannon L. Papin (Continued)
Project Manager / Historic Documentation Technical Lead assisting in the public review process, including conducting several public outreach meetings with community stakeholders and preservation advocates.
Historic American Building Surveys, Kirtland Air Force Base, Albuquerque, NM. Project Manager. Shannon prepared the building documentation (HABS Level II standard) of the 21st EOD Headquarters at Kirtland Air Force Base.
Historic American Building Surveys, White Sands Missile Range, Alamogordo, New Mexico. Project Manager. Shannon prepared the building documentation (HABS Level II standards) of the old Officer’s Club at White Sands Missile Range.
Hermon Park Building Evaluations, Los Angeles, CA. Project Manager. Shannon prepared a memorandum that included structural assessments, documentation, and evaluations of two fire-damaged buildings located within Hermon Park, a National Register-eligible property that is part of the Arroyo Seco Park system and owned by the City of Los Angeles.
Seismic Retrofit Project, Lockwood Elementary School, Los Angeles, CA. Project Manager. Shannon managed a documentation project for LAUSD campus in Hollywood in preparation for a planned seismic retrofit. Project deliverables include character-defining matrixes and California DPR forms for multiple historical resources.
Seismic Retrofit Project, First Street Elementary School, Los Angeles, CA. Project Manager. Shannon managed a documentation project for LAUSD campuses in Boyle Heights in preparation for a planned seismic retrofit. Project deliverables include character-defining matrixes and California DPR forms for multiple historical resources.
High Desert Hospital, Historic Resource Assessment, Lancaster, CA. Project Manager. Shannon prepared a documentation and evaluation of High Desert Hospital and Coroner’s Office, a historic property owned by the LADPW.
The Report included a CEQA impacts analysis in preparation for a planned redevelopment.
Isadore House Significance Evaluation and Historic Structure Report, Isadore House, Los Angeles, CA. Project Manager. Shannon prepared a structural assessment, documentation, and evaluation of Isadore House, a historic property owned by the Recreation and Parks of the City of Los Angeles. The Report included a CEQA impacts analysis in preparation for a planned redevelopment.
Sunshine House Historic Structure Report, Los Angeles, CA. Project Manager. Shannon prepared a structural assessment, documentation, and evaluation of the Sunshine House, the former caretaker’s residence at the Silver Lake Reservoir Complex, owned by LADWP.
Garvanza Pump Station, Historic Structure Report, Los Angeles, CA. Project Manager. Shannon prepared a structural assessment, documentation, and evaluation of the Garvanza Pump Station, a historic property associated with the Garvanza Reservoir in northeast Los Angeles, owned by LADWP.
Historic Structure Report, New Mexico Veteran’s Home, Truth or Consequences. Project Manager. Shannon served as the Project Manager on the preparation of an Historic Structure Report for a 1937 hospital for crippled children, including historic narrative and context, evaluation of significance, documentation of original construction and later modifications, and historic preservation recommendations.
Historic American Building Surveys, Walker Air Force Base, Roswell, NM. Project Manager. Shannon prepared the building documentation (HABS Level III standard) of three buildings at the former Walker Air Force Base as well as the former Roswell Airfield Terminal Building
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Antonette M. Hrycyk
Deputy Project Manager / Survey Technical Lead
Antonette is an architectural historian with a background in historic research, museum collections, exhibit design, and educational outreach. Her work with historic research and cultural heritage in California has included authoring and contributing research to historic contexts statements, historic resource assessments, National and California Register Nomination, visitor studies of museums and public history sites, in addition to extensive archival research. Antonette applies her understanding of urban development and historic research to inform evaluation assessments of historic resources in the Southern California area, with a focus in the Greater Los Angeles area and San Diego.
EDUCATION
Relevant Experience
MA, History, San Diego
State University (in
progress)
West San Gabriel Valley Area Plan Historic Context Statement, Los Angeles County, CA. Architectural Historian. Antonette is the lead researcher and author of the Historic Context Statement for seven unincorporated communities within the West San Gabriel Valley Planning Area. Involving archival research, windshield surveys, and on-going collaboration with Los Angeles County, the Historic Context Statement will provide a framework for future historic assessments within these unincorporated areas. In addition, Antonette will be contributing to the Historic Preservation Element of the West San Gabriel Area Plan.
MS, Museum and Field
Studies, The University of
Colorado-Boulder
BS, Anthropology, The
Ohio State University
11 YEARS’ EXPERIENCE
PROFESSIONAL
AFFILIATIONS 3592 Eastham Drive Historic Resources Assessment, Culver City, CA. Architectural Historian. Antonette was the lead researcher and author of the Historic Research Assessment on a property that included one mid-century modern office building and two industrial buildings within the Hayden Tract in Culver City.
Society of Architectural
Historians, Member
American Planning
Association, Member
3550 Hayden Avenue Historic Resources Assessment, Culver City, CA. Architectural Historian. Antonette was the lead researcher and author of the Historic Research Assessment on a large mid-century modern industrial warehouse in the Hayden Tract in Culver City.
AWARDS
Museum Student Research
Award, 2013
Burbank Airport Flight Path, Section 106, Los Angeles and Ventura Counties Architectural Historian. Antonette assisted on this large-scale analysis of the potential impacts of the change in flight path at the Burbank Airport on all listed historic resources underneath. Antonette’s use of GIS and mapping skills in addition to integrity analysis assisted and streamlined the overall impacts assessment. 5835 Washington Boulevard Historic Resources Assessment, Culver City, CA.
Architectural Historian. Antonette was the lead researcher and author of the Historic Research Assessment on two buildings which had functioned as nightclubs, industrial sites, and commercial properties. 5835 Washington was previously listed on Culver City’s HPAC Survey; Antonette’s reevaluation of its significance under criteria A/1 and C/3 contributed to an updated understanding of Culver City’s preserved built environment. 44900 N. 60th St., W. Historic Resources Assessment, Lancaster, CA. Architectural Historian. Antonette served as the lead researcher and author of the Historia Research Environmental Science Associates
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Antonette M. Hrycyk (Continued)
Deputy Project Manager / Survey Technical Lead
Assessment of a mid-century modern community hospital, which was designed by Adrian Wilson & Associates, and was originally operated as a Tubercular Hospital by the Los Angeles County Sheriff. Antonette’s research determined the hospital was not a significant historic resource.
Control Gorge Modular Homes Historic Resources Assessment, Bishop & Los Angeles, CA. Architectural Historian.
Antonette was the primary researcher and author of this unique assessment which looked at the structures associated with the Control Gorge Hydroelectric Plant, owned and operated by LADWP. Antonette constructed a full site chronology of the Control Gorge Site and wrote a detailed historical context of the Owens Gorge Hydroelectric Project. This project, though located in Bishop, California, the Subject Property was evaluated under LAHCM criteria as it has been continuously owned, improved, and operated by LADWP, in addition to being inextricably tied to the development of Los Angeles’ power supply. Though the research determined the assessed structure to not be significant, recommendations for future potential districts were included in the HRA. 1038 Venice Boulevard Historic Resources Assessment, Pico-Union, Los Angeles, CA. Architectural Historian.
Antonette was the lead researcher and author of the Historic Research Assessment on an office space and warehouse in the Pico-Union neighborhood of Los Angeles.
1845, 1853, and 1857 Taft Avenue Historic Resources Assessment, Hollywood, Los Angeles, CA. Architectural Historian. Antonette was the lead author of the Historic Resources Assessment which determined that the three Craftsman homes were each significant as an individual resource under National and California Register C. Constructed in 1912 and 1915, these three homes are significant for their association with the Craftsman style, a previously common style in the residential development of Hollywood. Antonette assembled the construction and occupancy history of the properties and wrote the significance and integrity evaluation.
Morningside High School Mitigated Negative Declaration, Hollywood, Los Angeles, CA. Architectural Historian.
Antonette assisted with research on the Inglewood School District historical context and completed a construction chronology Antonette also assisted with organization and preparation of HABS documentation.
Compton Boulevard, Et Al, Historic Resource Assessment, Compton, CA. Architectural Historian. Antonette was the primary researcher of this Historic Resource Assessment, which resulted in three diverse properties being submitted for nomination on the National and California Register. These properties included Dale’s Donuts under criteria A/1 for its significance to Compton’s neighborhood identity and criteria C/3 as a rare extant example of a programmatic drive-thru restaurant; Colin P. Kelly Elementary School under criteria A/1 for its significance to the educational history of the City of Compton; and East Rancho Dominguez Park under criteria B/2 for its historic and continued association with the tennis history of Venus and Serena Williams. Antonette conducted supplemental in-depth research and assisted with the significance and integrity evaluation.
Project Bristol, Historic Research Assessment, Santa Ana, California. Architectural Historian. Antonette was a contributing author and primary researcher of the historic significance evaluation determination for Project Bristol, a planned demolition of seven contemporary Spanish Colonial Revival strip mall buildings, banks, and other commercial buildings. Antonette researched and wrote the historic context on the development of the strip mall in Southern California and researched and wrote a detailed construction chronology and occupancy history for each of the seven buildings in the project.
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Margarita Jerabek-Bray, PhD
Technical Advisor
Margarita Jerabek-Bray, Ph.D., has 36 years of professional practice in the United States with an extensive background in architectural history, historic resources management, and historic preservation. Her qualifications and experience meet and exceed the Secretary of the Interior’s Professional Qualification Standards in History, Architectural History, and Archaeology. Margarita assists clients with strategic advice and historic preservation consultation services to support project success. Highly experienced and solution oriented, she provides historic resources management and preservation consultation services for all stages of project development, from due diligence through planning and design, toEDUCATION Ph.D., Art History, University of preparation of required documentation for environmental compliance, project review and California, Los Angeles, 2005 permitting, and implementation of mitigation measures.
M.A., Architectural History,
and Certificate of Historic
Preservation, University of
Virginia, 1991
Dr. Jerabek-Bray leads a team of highly qualified professional architectural historians who are a part of ESA’s more than 30-member Cultural Resources Group. She is expert in the preparation of legally defensible documentation for compliance with the National Environmental Policy Act (NEPA), Sections 106 and 110 of the National Historic Preservation Act (NHPA), Section 4(f) of the Department of Transportation Act, the California Environmental Quality Act (CEQA), and local ordinances and planning requirements. She has managed and conducted planning and technical studies for a broad range of clients and projects throughout California and the United States. She has prepared numerous historic resources technical reports, Secretary of the Interior’s Standards conformance reviews, provided preservation consulting services for rehabilitation plans, relocation plans, construction monitoring and reporting, prepared Mills Act, HABS/HAER/HALS documentation, salvage inventories, developed interpretive programs and exhibits, documentary films, oral history videos, and interpretive websites. She has provided strategic planning and policy expertise for several specific plans involving historical resources and municipal general plan updates.
B.A., Art History, Oberlin
College, 1983
36 YEARS’ EXPERIENCE
AWARDS
2023 Preservation Design
Award, Reconstruction,
California Preservation
Foundation (CPF)
2020 Gold Nugget Merit
Award, Best Rehabilitation
Project, PCBC
2020 Award of Excellence,
Environmental Analysis, APA
2018 Merit Award,
Environmental Analysis, AEP
Relevant Experience
2016 Preservation Design
Award, Interpretive Exhibit,
CPF
City of Laguna Beach, Historic Preservation Services, Laguna Beach, CA. Project Manager/Principal Architectural Historian. Since 2006, Margarita and ESA’s historic resources group have prepared numerous studies including Historic Resources Assessments (HRAs), Secretary of the Interior’s Standards (SOI) Plan Reviews, character-defining features reports and CEQA impacts analyses, as well as rehabilitation plans and conducted construction monitoring for a wide variety of projects. ESA assists project applicants from due diligence through design development and environmental review to reduce impacts to historical resources for compliance with CEQA and the City’s preservation ordinance. 2014 Preservation Award,
Rehabilitation, Los Angeles
Conservancy
2014 Westside Prize,
Rehabilitation, and Design
Award, Landscape, Westside
Urban Forum (WUF)
2012 Preservation Design
Award, Historic Resource
Report, CPF
City of Santa Monica On-Call Historic Preservation Services, Santa Monica, CA. Project Manager/Principal Architectural Historian. Dr. Jerabek is the primary point of contact and contract administrator for ESA’s on-call contract for historic preservation services with the City of Santa Monica. Under her 12-year tenure, Margarita and ESA’s historic division has Environmental Science Associates
esassoc.com
Margarita Jerabek-Bray, PhD (Continued)
Technical Advisor
prepared hundreds of studies including preliminary assessments, landmark assessments, structure of merit assessments, neighborhood surveys and contexts, Secretary of the Interior’s Standards plan reviews and preservation recommendations, landscape assessments, character-defining features reports and CEQA impacts analyses.
City of Hermosa Beach On-Call Historic Preservation Services. Project Director and Principal Architectural Historian.
ESA has performed several surveys, Certificate of Appropriateness, and CEQA compliance reviews for historic structures while serving as a historic preservation consultant for the City of Hermosa Beach. Projects include historic resources surveys, SOI plan reviews for three of the oldest commercial buildings in the downtown area of Hermosa Beach: Bank of America building at 90 Pier Avenue, the Hermosa Hotel at 26 Pier Avenue, Art Deco-style Community Center, and the Neoclassical Revival-style Bijou Theatre located at 1221-1227 Hermosa Avenue. ESA provided consulting services for several tenant improvements in the Bijou Theatre including Certificate of Appropriateness reviews, preservation treatment oversight and construction monitoring. Additionally, ESA provided paint analysis and restoration treatment recommendations for the Art Deco-style Hermosa Beach Community Center.
City of South Pasadena, Historic Preservation Services, South Pasadena, CA. Project Manager/Principal Architectural Historian. Dr. Jerabek has served as the primary point of contact and contract administrator for ESA’s historic preservation services for project applicants in the City of South Pasadena. ESA’s historic resources group has prepared numerous of studies including historic resources assessments, Secretary of the Interior’s Standards (SOI) plan reviews and preservation recommendations, character-defining features reports and CEQA impacts analyses. These include historic resource assessments for 1622 Bank Street, 808 Adelaine Avenue, and 1101-1115 Mission Street, and SOI Standards reviews for 260 St. Albans, 625 Milan, 2037 Primrose Avenue, 1305 Monterey Road, 1708 Fletcher Avenue, 1812 Fletcher Avenue, and 1020 Milan Avenue.
City of Los Angeles, Planning Department, Historic Preservation Consulting Services. Project Director/Principal Architectural Historian. Dr. Jerabek has served as the primary point of contact and contract administrator for ESA’s historic preservation services for project applicants in the City of Los Angeles. ESA’s historic resources group has prepared hundreds of studies including historic resources assessments (HRAs),CEQA compliance reviews, Secretary of the Interior’s Standards (SOI) plan reviews, character-defining features reports, relocation plans, and rehabilitation plans for adaptive reuse and redevelopment projects in Los Angeles. ESA is currently working on the exterior preservation of the Earl Carroll Theatre on Sunset Boulevard in Hollywood including preparation of a Historic Structure Report and SOI Standards plan review of the exterior preservation plans prepared by a team of historic architects, engineers, paint and neon conservators; the project has been approved by the planning department, Cultural Heritage Commission and stakeholders and is in the final stages of City approval.
City of Los Angeles, Recreation and Parks Department, Historic Resources Services. Project Director/Principal Architectural Historian. Under our on-call contract for environmental services, Margarita leads task orders for historic resources management and preservation services including preparation of resource nominations, historic structure reports, SOI plan reviews and construction monitoring for eligible and designated resources. These task orders have included the Historic Structure Evaluation and Treatment Plan for the MacArthur Park Historic Viaduct Railings; Historic Structure Report and construction monitoring for the Exposition Park Rose Garden brick perimeter walls; Historic Structure Report for the Isadore House in the West Adams neighborhood of Los Angeles; evaluation of fire damaged structures in Herman Park; evaluation of fire damaged LA Shares structure in Griffith Park; HABS report for the Rancho Cienega Celes King III Swimming Pool; National Register nomination and City of Los Angeles Historic Cultural Monument application for Point Fermin Lighthouse and Battery Osgood.
Environmental Science Associates
esassoc.com
Alison Garcia Kellar
Historic Documentation Specialist
Alison is a senior architectural historian with 12 years of professional experience with a background in historic preservation, design, and museum collections. Her work with historic resources and cultural heritage in California has included managing and authoring historic resource assessments, Nominations, historic structure reports, feasibility studies, tax Ccedit applications, in addition to archival research and resource documentation. Alison applies her understanding of preservation design and historic interiors to inform impacts analyses of proposed development and recommendations for adaptive reuse.EDUCATION
MS, Historic Preservation,
University of Pennsylvania Relevant Experience
BA, Design, University of
California at Davis Morningside High School Historic Resources Assessment and Impacts, Inglewood, CA.
Senior Architectural Historian. Alison was the lead author of the Historic Resources Assessment which determined that the high school campus buildings and landscape are significant as a potential historic district. Constructed in 1950, the property is significant for its association with the challenges of public-school integration in California and within the City of Inglewood, for its Mid-Century Modern architectural style, and for its association with notable modernist architectural firms. Alison assembled the construction history for the campus and created a character-defining features analysis identifying features at the campus. Alison reviewed the upgrade project to ensure that the project met the SOI Standards and CEQA compliance. She authored and oversaw the production of a HABS report to document the campus prior to selective demolition and construction. 12 YEARS EXPERIENCE
PROFESSIONAL
AFFILIATIONS
Latinos in Heritage
Conservation, Education
Committee Member
California Preservation
Foundation, Member
Society of Architectural
Historians, Member
National Trust for Historic
Preservation, Member Long Beach Unified School District, ESSER Shade Structure Impacts Analysis Report, Long Beach, CA. Senior Architectural Historian, Project Manager. Alison conducted a survey of five Long Beach Unified School District schools which were previously determined to be historical resources. Alison documented the current conditions of each school’s outdoor recreational play area as part of the impacts analysis study which evaluated the potential effects of new outdoor shade structures at each of the schools.
She reviewed project site plans and canopy specifications for compliance with CEQA and for conformance with the SOI Standards. Alison oversaw the development of a records to identify adjacent historical resources. She analyzed each school against the project for direct and indirect analysis and reviewed each proposed project against the SOI Standards, determining that project would have no adverse effects to historic resources.
Celes King III Swimming Pool Historic American Building Survey, Los Angeles, CA.
Senior Architectural Historian, Deputy Project Manager. ESA was hired to conduct HABS documentation for the City of Los Angeles Park and Recreation Department. Constructed in the early 1960s, the Celes King III Swimming Pool was designed by architect Albert Criz in the Mid-Century Modern-Expressionist style. Alison conducted in-depth research related to the history of the surrounding recreational complex, construction of the swimming pool, architect, and neighboring communities.
Environmental Science Associates
esassoc.com
Alison Garcia Kellar (Continued)
Historic Documentation Specialist
Benjamin Franklin Elementary School Historic Resource Evaluation and Mitigated Negative Declaration, San Diego, CA. Senior Architectural Historian. Alison conducted an HRA for the 1930s, 40s, and 50s-designed elementary school campus. The property was found to be a historic district eligible for its association with the post-war development of the Kensington neighborhood, and for its association with two master San Diego architects. The proposed project was reviewed for compliance with the Secretary of the Interior’s Standards, and a CEQA analysis was performed, resulting in the Mitigation Measures and design considerations for future construction within the district. Alison authored and oversaw the production of a HABS report to document the campus and its buildings prior to project construction.
Mt. Helix Park Rock Wall Short-Term Preservation Project, San Diego, CA. Senior Architectural Historian. Alison is serving as the deputy project manager for a rehabilitation project to document and provide short term preservation recommendations for the 1932 rock wall that borders a hilltop park. Work has included documentation of failing portions of the rock wall with digital photograph, extensive research through local archives, and the development of a character-defining features matrix for the rock walls. Working closely with Mel Green Associates and Silman Structural Engineers, ESA has developed treatment and stabilization recommendations for the deteriorating rock wall portions.
MacArthur Park Historic Viaduct Railings Historic Structure Evaluation and Treatment Plan, Los Angeles, CA. Senior Architectural Historian. Alison was the lead author of a report that documents and recommends treatments for a historic 1938 concrete wall that lines Wilshire Boulevard through McArthur Park. Alison conducted archival research on the park and on the walls, and conducted a significance evaluation for the walls. She conducted a character-defining features analysis for the walls and associated roadway which informed recommendations with a team of subconsultants. Alison coordinated with the engineering and architectural subconsultants to compile recommendations and for the City.
Whittier Public Library Historic Resources Assessment, Whittier, CA. Senior Architectural Historian. Alison was the lead author of the Historic Resources Assessment which determined that the library is significant as an individual resource. Constructed in 1958, the property is significant for its association with Mid-Century Modernism, postwar period institutional properties, and architect William Henry Harrison. Alison assembled the construction history for the library and the Whittier Civic Center. She identified significant and contributing features at the property. Alison coordinated with the project architect to ensure that the project met the SOI Standards to meet community’s needs while respecting the building’s historic character. Alison authored and oversaw the production of a HABS report to document the library building prior to demolition and construction.
Celes King III Swimming Pool Historic American Building Survey, Los Angeles, CA. Senior Architectural Historian, Deputy Project Manager. ESA was hired to conduct HABS documentation for the City of Los Angeles Park and Recreation Department. Constructed in the early 1960s, the Celes King III Swimming Pool was designed by architect Albert Criz in the Mid-Century Modern-Expressionist style. Alison conducted in-depth research related to the history of the surrounding recreational complex, construction of the swimming pool, architect, and neighboring communities.
Port of San Diego Old Police Headquarters Assembly Building Peer Review, San Diego, CA. Project Manager, Senior Architectural Historian. Alison conducted a peer review for proposed rehabilitation modifications and tenant improvement to a historic former police headquarters in San Diego. Work included a review of historic documentation including nomination forms and original plans, and a review of the applicant’s proposed plans to modify the historic building into an events space. Alison recommended that the applicant include a more robust Standards review discussion, provide supportive graphics, reference historic documentation, and a create more comprehensive project description for the proposed submission to be adequately substantiated for City review and approval.
Environmental Science Associates
esassoc.com
Valerie Smith
Survey Specialist
Valerie is an architectural historian with four years of experience in historic preservation in California and New York. Her work with historic resources and cultural heritage includes extensive and detailed archival research, drafting historic resource assessments, historic preservation consulting such as plan reviews and construction monitoring, feasibility studies, and resource surveys and documentation. She has experience with conservation projects, conditions assessment reports, and materials science. Her studio art background and photography training have proven helpful for onsite documentation and she is currently training to be a HABS photographer. In addition to historic preservation and photography, Valerie has 18 years of professional experience in finance and investor relations with strong client and project management skills, which have been an asset in her role at ESA.
EDUCATION
MS, Historic Preservation,
Columbia University
Advanced Certificate,
Columbia University
Relevant ExperienceBA, Studio Art, Hope College
4 YEARS’ EXPERIENCE
(HISTORIC West San Gabriel Valley, Historic Context Statement, Los Angeles County, CA.
Architectural Historian. Valerie authored the residential section of the West San Gabriel Historic Context Statement which involved extensive research, and the development of architectural context narratives and residential resource registration requirements.
Valerie conducted an archival record search at the South Central Coastal Information Center (SCCIC) to determine the presence of cultural resources in eight unincorporated study areas.
PRESERVATION)
23 YEARS’ EXPERIENCE
(PHOTOGRAPHY)
18 YEARS’ EXPERIENCE
(FINANCIAL SERVICES)
PROFESSIONAL
AFFILIATIONS
Ventura County Transportation Commission, US 101 Improvement Project, Ventura County, CA. Architectural Historian. While working for ICF, Valerie assisted with California Department of Parks and Recreation DPR 523 forms as part of the US 101 improvement Project. The extensive project included writing historic context reports, survey of buildings in the study area, research, photography, and the preparation of CEQA and Section 106 compliance forms.
Preservation Alumni,
Columbia University, Board
Member
Columbia University,
Mentorship Committee
Member
California Preservation
Foundation, Member Los Angeles Housing Department (LAHD), Section 106 Reviews, Los Angeles County, CA. Architectural Historian. While working for ICF, Valerie researched areas of potential effect as part of the Section 106 requirements for the City of Los Angeles. She reviewed and drafted DPR documents and completed deliverables for development projects. As part of her responsibilities, she wrote building descriptions, conducted site visits, conducted research, and evaluated buildings located in the vicinity of development projects.
National Trust for Historic
Preservation, Member
DOCOMOMO US, Member
Association for Preservation
Technology (APT), Member
City of Los Angeles, Venice Coastal Zone Survey, Los Angeles County, CA.
Architectural Historian. While working for ICF, Valerie expanded on existing research included in SurveyLA to evaluate contributing/non-contributing members of the Millwood Historic district of Venice, CA. Research was conducted on close to 100 bungalow style homes and included permit research and the analysis of existing data. .
Environmental Science Associates
esassoc.com
Valerie Smith (Continued)
Survey Specialist
3916 Martin Luther King Jr, Historic Resource Assessment, Los Angeles, CA. Architectural Historian. Valerie co- authored the production of a Historic Resource Evaluation (HRA) to establish the building’s historic significance in the Crenshaw neighborhood of Los Angeles. Valerie’s research provided context for a 1962 bank building in the International Style that was occupied by a Black-owned savings and loan company for over twenty years. The founder, Peter Dauterive was instrumental in race relations in Los Angeles and provided financial services to underserved communities, served on the board of various foundations, and started a scholarship fund at USC for minority students. 1000-1018 N. Croft Avenue, Historic Resource Assessment, Los Angeles, CA. Architectural Historian. Valerie provided research, wrote historical contexts, and compiled a Historic Resource Assessment for four multi-family properties in Hollywood. One property was designed in a Mediterranean Style using a house stock plan from the local company Bungalowcraft. Two of the properties are Spanish Colonial Revival duplexes constructed in the 1920s and 1930s. The fourth property was designed in 1940 by a notable Los Angeles architect who became known for his unique window treatment and Minimal Traditional designs. The four properties were found significant as early dwellings in the Hollywood Scenic Tract under Criterion A, and as excellent examples of three different architectural styles applied multi- family properties under Criterion C.
133 Vieudelou Avenue, Historic Resource Assessment, Catalina Island, CA. Architectural Historian. Valerie researched the oldest house in Avalon, Catalina Island and compiled a Historic Resource Assessment. The house belonged to a family who settled on the island during the early days of development into a resort town. The house is Folk Victorian style and constructed in 1888. The property was found eligible for the National Register and California Register for its significance under Criterion A, B, and C.
301 Beacon Street, Historic Resource Assessment, Catalina Island, CA. Architectural Historian. Valerie researched a multi-family property on Beacon Street in Avalon, Catalina Island and compiled a Historic Resource Assessment. The dwelling has been owned by the same family who constructed it in 1923. The style is vernacular with elements of Italianate and Mediterranean Revival. It was called the White House Apartments and housed the original family and other short-term guests visiting the island. The property was found eligible as a rare example of a multi-family property from the 1920s in Avalon, Catalina Island.
California Historical Resources Information System (CHRIS) – Authorized Researcher Valerie is authorized to perform record searches to uncover archeological and historic resources at one of the twelve Information Centers managed by the California Office of Historic Preservation. Valerie has been trained to review 7.5 USGS Quadrangle Maps, historical resource records and reports, and computerized data housed at the South Central Coastal Information Center at California State University, Fullerton.
Photography
Trained as a photographer, with a B.A. in Studio Art from Hope College, Valerie has 23 years of photography experience.
She has a large portfolio of architectural photographs from site visits, college courses and fine art photography exploration. She completed an architectural photography course at UCLA in 2018, and she is currently being trained as a Historic American Buildings Survey (HABS) photographer.
Environmental Science Associates
esassoc.com
Jason Nielsen
GIS/Technology Technical Lead
Jason Nielsen has more than 17 years of experience managing and supporting GIS for a broad range of environmental services including biological resources, cultural resources, environmental permitting, water resources, and community development. He is the Geospatial services lead for Southern California region. Jason and his team provide ESA’s technical staff with mobile data collection deployment, including unmanned aerial vehicles (UAVs), field data collection and reporting using multiple platforms, web-based applications, data visualizations, and cartographic support for technical documents.EDUCATION BA, Environmental
Geography, California
State University
Northridge
Relevant Experience
County of Riverside, North Shore Yacht Club Assessment, Riverside County, CA. GIS Analyst. Located on the shores of the Salton Sea in Riverside County about 30 minutes from Palm Springs, the North Shore Yacht Club was once part of a thriving recreational development that was created in the late 1950s. ESA was hired to prepare a Mitigated Negative Declaration and Historic Assessment for the redevelopment of the Yacht Club for use a community center. Jason developed project area maps and graphics for the MND and Historic Assessment. Jason assisted staff in field work and data collection.
GIS Certificate, California
State University
Northridge
18 YEARS’ EXPERIENCE
CERTIFICATIONS/
REGISTRATION
FAA Part 107 Commercial
Drone License, Credential
ID 4511384
City of Ventura, Water Supply Projects and Indirect Potable Reuse Program EIR, Ventura, CA. Senior GIS Specialist. Ventura is proposing to divert discharges from the Santa Clara River Estuary (SCRE) and beneficially reuse the treated effluent to support an Indirect Potable Reuse Project. The project will provide multiple benefits, including providing a new water supply to help meet the City’s dry-year potable water demands and reducing wastewater discharges into the SCRE. ESA assisted in evaluating the impacts of the reduced discharge into the estuary. The EIR analyzed the construction of a new advanced water treatment facility, pipelines and pump stations, injection wells, and a concentrate disposal pipeline, including a new ocean outfall. The Final EIR was certified in October 2019. Jason provided map creation and data collection for the biology and jurisdictional delineation reports; figure creation, review of historic imagery, and prepare map updates to support the EIR; and permitting application support.
The Ocean Foundation, Aliso Creek Estuary Restoration and Public Access Concept Plan, Laguna Beach, CA. Senior GIS Analyst. ESA developed the restoration and public access plan for the Aliso Creek estuary in Laguna Beach, CA with funding from an SCC grant. This involved public outreach and coordination with a Science Team, as well as data collection, hydraulic and lagoon mouth modeling (QCM), and restoration and public access design. ESA used the data collection, models, and historic understanding of the site to develop the restoration alternatives, which also include options for public access. A draft and final restoration plan was developed and presented for public and agency review and is available at: https://www.lagunaoceanfoundation.org/aliso-creek-estuary- restoration/. Jason provided technical staff with GPS preparation and post-processing of data collected in the field.
Environmental Science Associates
esassoc.com
Jason Nielsen (Continued)
GIS/Technology Technical Lead
California Department of Water Resources (DWR), Perris Dam Seismic Retrofit Project EIR, Riverside County, CA.
GIS Manager. ESA is managing environmental services for the Perris Dam Seismic Retrofit Project including preparation of an EIR, agency consultation, and conducting biological and cultural surveys to support permit mitigation requirements. DWR proposes to implement the Lake Perris Remediation Program to remediate the Lake Perris dam, replace the outlet tower, and construct an outlet conveyance to connect with the Perris Valley storm drain. Lake Perris is located within the Lake Perris State Recreation Area (SRA). Jason conducted GIS analysis and map production for the EIR and Biological Assessment for the Perris Dam Retrofit Project. Jason provided technical oversight to GIS team in regards to field data collection and CAD integration. In addition, he provided Quality Control / Quality Assurance on mapping products that included biological resources, cultural mapping, and public meeting presentation graphics.
Newport Bay Conservancy, Big Canyon Restoration, Phase 2, Newport Beach, CA. Senior GIS Analyst. Big Canyon Phase 2A is an entirely grant-funded project that ESA commenced work on in March 2018 in collaboration with our client, the Newport Bay Conservancy. Under substantial pressure to show progress, and with a very tight budget ESA staff completed data collection and analysis for all technical reports for the CEQA Initial Study / Mitigated Negative Declaration while simultaneously conducting hydrological modeling and preparing plans and specifications for removal of over 6 acres of invasive Brazilian pepper trees and restoration of a mosaic of coastal riparian and alkali meadow wetland habitats. Jason provided GIS analysis and mapping for the IS/MND and provided oversight for field data collection.
Los Cerritos Wetlands Authority, Los Cerritos Wetlands Restoration Plan Program EIR, Long Beach and Seal Beach, CA. Senior GIS Analyst. ESA is assisting the Los Cerritos Wetlands Authority with preparation of a Program Environmental Impact Report for the Los Cerritos Wetlands Conceptual Restoration Plan (CRP) in the cities of Long Beach and Seal Beach, California. The study will focus on determining a proposed ecological restoration alternative design and analyzing the potential environmental impacts resulting from the implementation of that restoration alternative across the entire Los Cerritos Wetlands complex. Jason oversaw GIS work and provided QA/QC on all project deliverables.
City of Carlsbad and Carlsbad Municipal Water District (CMWD), Environmental Management Services, San Diego County, CA. Senior GIS Analyst. ESA is responsible for the management of task orders issued under Master Service Agreements (MSAs) with the City of Carlsbad and Carlsbad Municipal Water District. ESA is providing management and oversight of stream channel maintenance, dam vegetation maintenance and habitat restoration projects to ensure work activities are being completed on schedule and in compliance with project permits. Many of the projects occur within the City’s preserve system. ESA is tracking budgets and managing environmental consultants and landscape/restoration contractors retained by the City and CMWD. This work includes reviewing and editing reports (on behalf of the City) prepared by other consultants before they are submitted to the resource agencies. Jason created a centralized database for the City of Carlsbad to access, share, and update project files. Within the database, Jason created a web map that displayed data for each individual mitigation site.
City of Carlsbad, Preserve Steward, San Diego County, CA. Senior GIS Analyst. ESA’s staff have served as the Preserve Steward for the City of Carlsbad since 2012, in an effort to maintain a healthy and thriving preserve system. ESA’s main responsibilities include oversight of the City’s preserve system, coordination with the City’s Preserve Manager and multiple stakeholders (City staff from multiple departments, resource agencies, preserve managers, special-interest groups, and the general public), and ensuring compliance with the Multiple Habitat Conservation Program. Jason provided GIS Analysis and web maps for field teams to access in the field.
Environmental Science Associates
esassoc.com
Attachment B:
Costs
ESA Labor Detail and Expense Summary
Employee Names
Labor Category
Technical Advisor
Margarita Jerabek
Project Manager
Shannon Papin
Historian A Historian B GIS Publications Editing
Antonette Hrycyk Valerie Smith Chance Scott Aaron Guzman Megan Rhode Senior Principal
Consultant 1 Managing Consultant 3
$223
Associate Consultant 2
$141
Associate Consultant 3
$153
Associate Consultant 1
$128
Senior Consultant 1
$142
Associate Consultant 2
$141
Total Hours Labor Price
Task # Task Name/Description $250
-
14.00 4.00
$
$
$
$
$
$
$
$
$
$
$
$
-
2,250
728
1 Project Intiation 4
2 6 4
2 Kick-Off Meeting 2
3 Conduct Research 2
2 8 30
40 80
40 4
30 4
2 8
74.00 84.00
168.00
70.00 8.00
11,616
13,360
30,144
11,824
1,456
10,660
7,852
3,758
2,748
4 Context Statement (Draft)
Fieldwork
16 80
20 4
12 12
5 6 Analysis 2
2 8
7 Update Meetings
8 Final Evaluation and Documentation (including DPRs)
Prepare a Draft Final Report
Wrap Up Meeting and Final Report
Presentation of Findings
8 16
22 14
10 40 66.00
50.00 22.00
16.00 576
9 10
8 2 8 8
10 11 6
Total Hours 8
2,000
1.4%
2.0%
166
37,018
264
37,224
78 11,934
20 2,560
20 2,840
3.5%
2.8%
20 2,820Total Labor Costs $ $ $ $ $ $ $ $ 96,396
Percent of Effort - Labor Hours Only
Percent of Effort - Total Project Cost
28.8%
37.0%
45.8%
37.2%
13.5%
11.9%
3.5%
2.6%
3.5%
2.8%
100.0%
96.4%
PROJECT COST ESTIMATE SUMMARY TABLE
Attachment A
Cost Proposal: ESA Non-Labor Expenses Summary
ESA Labor Cost $
$
96,396
-ESA Labor Technology and Data Management Fee
ESA Non-Labor Expenses
Reimbursable ExpensesReimbursable Expenses (see Attachment A for detail) ESA Equipment Usage (see Attachment A for detail)
Subtotal ESA Non-Labor Expenses
$
$
$
3,565
- Project Supplies $ -
3,565 Printing/Reproduction $
$
$
$
$
$
$
$
$
$
$
$
$
-
Document and Map Reproductions (CD + Digital Photo) -
Subconsultant Costs (see Attachment B for detail)
PROJECT TOTAL
$
$
-
Postage and Deliveries -
600
-
99,961 Mileage
Vehicle Rental
Lodging 1,200
-Airfare
Other Travel Related -
Historic Aerials 100
1,200
-
Per Diem
-
Subtotal Reimbursable Expenses 3,100
46515% Fee on Reimbursable Expenses
Total Reimbursable Expenses $ 3,565
Attachment C:
Sample Insurance
and Licenses
ENVISCI-05 MCCOWANA
DATE (MM/DD/YYYY)
11/29/2023CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
License # 0E67768 CONTACT Ali SmithPRODUCER NAME:
IOA Insurance Services
3636 Nobel Drive
Suite 410
PHONE FAX
(A/C, No):(619) 788-5795 50206
[email protected]
(619) 574-6288(A/C, No, Ext):
E-MAIL
ADDRESS:
San Diego, CA 92122 INSURER(S) AFFORDING COVERAGE NAIC # RLI Insurance Company
Crum & Forster Specialty Insurance Company 44520
13056INSURER A :
INSURER B :
INSURER C :
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Environmental Science Associates
5309 Shilshole Ave. NW #200
Seattle, WA 98107
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INSR
LTR
ADDL SUBR
INSD WVD
POLICY EFF POLICY EXPTYPE OF INSURANCE POLICY NUMBER LIMITS(MM/DD/YYYY) (MM/DD/YYYY) A X 2,000,000
1,000,000
10,000
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DAMAGE TO RENTED
$
X PSB0007416 12/1/2023 12/1/2024CLAIMS-MADE OCCUR PREMISES (Ea occurrence) MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
$
$
$
$
$
$
$
$
$
$
$
$
$
$
X
X
Cont Liab/Sev of Int
XEU/BFPD 2,000,000
4,000,000
4,000,000
0 GEN'L AGGREGATE LIMIT APPLIES PER:
X PRO-POLICY
OTHER:
LOC PRODUCTS - COMP/OP AGGJECT
Incl Water Craft Liability Ded
A COMBINED SINGLE LIMIT 1,000,000AUTOMOBILE LIABILITY (Ea accident) X PSA0002468 12/1/2023 12/1/2024 BODILY INJURY (Per person)ANY AUTO
OWNED SCHEDULED
AUTOS ONLY
HIRED
AUTOS BODILY INJURY (Per accident)
PROPERTY DAMAGENON-OWNEDAUTOS ONLY
Comp Ded $1,000
AUTOS ONLY (Per accident)
X
X
X Coll Ded $1,000
A
A
X 10,000,000
10,000,000
UMBRELLA LIAB
EXCESS LIAB
OCCUR EACH OCCURRENCE
AGGREGATEPSE0004550
PSW0004135
12/1/2023 12/1/2024
12/1/2023 12/1/2024
CLAIMS-MADE
X 0DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
X PER
STATUTE
OTH-
ERY / N 1,000,000
1,000,000
1,000,000
8,000,000
8,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $
$
$
OFFICER/MEMBER EXCLUDED? N / A
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
If yes, describe under
DESCRIPTION OF OPERATIONS below
B Prof Liab/Ded. $50K
B Poll Liab/Ded. $50K
PKC114779
PKC114779
12/1/2023 12/1/2024 Per Claim
12/1/2023 12/1/2024 Aggregate
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AUTHORIZED REPRESENTATIVE
FOR YOUR REFERENCE ONLY
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July 31, 2024
Ms. Nancy Huynh
City of Lake Elsinore
Community Development Department
130 South Main Street
Lake Elsinore, California 92530
RE: Professional Services for a Historic Resources Inventory Update and an Associated Historic Context Statement Dear Ms. Huynh,
Environmental Science Associates (ESA) appreciates the opportunity to submit an updated budget for the proposal to prepare a historic context statement and to conduct a citywide survey of historical resources for the City of Lake Elsi- nore. We understand the City wishes to update previous historic resource inventories completed in 1983 and 1991, and to identify any buildings or structures potentially eligible for listing on the National Register of Historic Places, on the California Register of Historical Resources, and as California Points of Historic Interest, Riverside County Historical Land- marks, and Local Historic Landmarks. The updated historical resources inventory and associated comprehensive report would assist in supporting the City’s preservation goals, including streamlining the application processes for redevelop- ment, alterations, and demolition, benefiting both City staff and property owners and project applicants.
The attached revised budget reflects our current 2024 rates, as well as a now required contingency. The only clarification to the scope is an addition to an assumption on page 12 which read as follows:
If there are significant properties that the City wishes to have surveyed that are not able to be surveyed from the public right-of-way, the City will be responsible for coordinating access for ESA to survey the property. This is limited to up to three potential districts (i.e. ranch, farm property, school campus with multiple buildings etc.) and five individual resources.
Please contact Project Manager Shannon L. Papin at (505) 231.0285 or [email protected] with your questions or com- ments regarding our proposal. Thank you for your time and consideration.
Sincerely,
Shannon L. Papin
Architectural History Program Manager, Southern California 1 Environmental Science Associates
esassoc.com
ESA LABOR COST EXPENSES
Project Name Here TOTAL
PROJECT COSTTotal Expense
($) AmountESA Total Hours Total ESA Labor Cost
Task # Task Name/Description
1.1 1.2
1.3 1.4
2.1 2.2
2.3 3.1
3.2 3.3
3.4 Project Initiation 16.00 $
$
$
$
$
$
$
$
$
$
$
$
3,394
836
$
$
$
$
$
$
$
$
$
$
$
$
- $
$
$
$
$
$
$
$
$
$
$
$
3,394
Kick-off Meeting 4.00
74.00 82.00
168.00
68.00 8.00
- 836
13,790
15,118
38,654
13,180
1,672
Conduct Research 13,675
15,118
35,204
13,180
1,672
115
Context Statement - Draft
Fieldwork
-
3,450
Analysis -
Update Meetings -
Final Evaluation and Documentation (List and DPRs)
Prepare a Draft Final Report
Wrap Up Meeting and Final Report
Presentation of Findings
Total Hours
66.00 50.00
24.00 16.00
576.00
12,100
9,259
- 12,100
9,259-
4,868 -
-
4,868
3,196 3,196
112,501 3,565 116,066
Total ($) Amount
PROJECT COST ESTIMATE SUMMARY TABLE
ESA Labor $107,144
$5,357
Annual Rate Escalation Allowance
Contingency
Technology and Data Management Fee
ESA Labor Amount $112,501
ESA Non-Labor Expenses
Reimbursable Expenses (see Attachment A for detail)
ESA Equipment Usage (see Attachment A for detail)
$3,565
Subtotal ESA Non-Labor Expenses $3,565
Subconsultant Costs
PROJECT TOTAL $116,066
9)
Agreement with Storyland Studios for Digital Storytelling and Tourism Development Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10-acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones 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:Gina Gonzalez, Director of Economic Development and Legislative Affairs Date:October 22, 2024
Subject:Agreement with Storyland Studios for Digital Storytelling and Tourism Development
Recommendation
Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10-acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones in such final form as approved by the City Attorney.
Background
Storyland Studios is a multi-disciplinary design firm focused on serving the needs of clients in the development of live play destinations that lift the spirit and tell a story. Launched at the start of the new millennium, Storyland Studios was conceived to help storytellers (from CEOs to George Lucas) tell their stories in three dimensions:
*Strategic Branding: Design that you walk away with
*Interactive Media: Design that you interact with
*Spatial Storytelling: Designs that you walk into
Storyland Studios’ crew of artists, architects, storytellers, and strategists have used the transformational power of story to connect with the everyday “Plain Jane” or “Average Joe” of targeted audiences. Their Spatial Storytelling studio has provided design, master planning, architecture, interior design, experiential theming, signage design, project management, construction management, and technology services to hundreds of clients, including Disney and the successful redevelopment of the 1,100-acre Disneyland Resort District – Downtown Disney, California Adventure, Disneyland, and Launch Pointe in Lake Elsinore.
Storyland Studios Agreement
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Discussion
Tourism development is important to the economic development of a city and the diversification of its local economy. Launch Pointe is a key feature in the City’s tourism portfolio. Storyland Studios’ understanding of the City of Elsinore’s needs and vision will carry through to a ‘Phase 2’ plan to expand the service offering and associated revenue streams at Lake Elsinore in connection with new opportunities for development at Launch Pointe on the 10-acre parcel to the west of the existing campground. By building on the success of the brand creation for Launch Pointe through brand personality, naming, logo, and website design, Storyland Studios will develop a new concept for a Phase 2 Launch Pointe plan that builds on and complements the existing brand and create a site master plan to envision the development, starting to bring the City’s ideas to life. The Phase 2 services are estimated to continue for 3 to 4 months and will cost a total cost not to exceed $70,000.
On a much broader scale and in addition to the Phase 2 plan, Storyland Studios will assist the City’s economic development team in designing and developing an engaging tourism website for the City of Lake Elsinore to tell its unique story and engage its target audience to increase, develop, and encourage tourism in the City of Lake Elsinore which was identified within the City’s 2040 Plan as a City Council priority and is a part of the City’s draft Economic Development strategy.
Storyland Studios will guide the City of Lake Elsinore through a kickoff process to capture the City’s personality, brand, and story through the development of the tourism website, marketing materials, and visitors guide. Storyland Studios will define demographics, concerns, requirements, and Digital Storytelling. Storyland Studios technologies will use modern user interface standards and incorporate custom elements to accomplish the City of Lake Elsinore’s vision and goals. The overall project is estimated to continue over 12 months. It will cost a total cost not to exceed $94,500 for website development and buildout, as well as a booklet visitors guide (buildout, design, content, graphics, and storyline) that matches overall branding for Lake Elsinore.
Fiscal Impact
Total compensation for all services will not exceed $164,500. Funds are available in the City’s Fiscal Year 24-25 Annual Operating Budget.
Attachments
Attachment 1 - Agreement
Exhibit A - Scope of Services
Economic Development
AGREEMENT FOR PROFESSIONAL SERVICES
Storyland Studios, Inc.
Website, Design and Visitors Guide Services; Blue Sky Master Plan and Digital Discovery This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 22, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Storyland Studios, Inc., a corporation ("Consultant").
RECITALS
A. The City has determined that it requires the following professional services:
Website, design and visitors guide development
B. Consultant has submitted to City a proposal 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, Parts I and II). 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 this Agreement.
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 this Agreeement. When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager.
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7 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A).
3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A, Parts III and IV), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $164,500.00) 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.