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:February 25, 2025
Subject:Public Works Construction Agreement with Cal State Fire Protection for the Purchase and Installation of the Fire Suppression System in the New City Hall Project (CIP Project No. Z20006)
Recommendation
Approve and authorize the City Manager to execute a Public Works Construction Agreement with Cal State Fire Protection in an amount not to exceed $336,306.23 for the purchase and installation of the fire suppression system in the new city hall in such final form as approved by the City Attorney, authorize the City Manager to execute change orders not to exceed the 10% contingency amount of $33,630.62, and authorize the City Clerk to record the Notice of Completion once work is completed.
Background
This report aims to provide a comprehensive overview of the proposed purchase and installation of the fire suppression system for the new City Hall building. Under a separate agreement, Cal State Fire Protection has completed the design of the building fire suppression system. At this time, it is necessary to purchase and install, as designed, the system requirements required to ensure the safety and protection of both the building and its occupants. The new city hall building is currently under construction, with the construction effort soon to start with the interior elements.
Given the significance of this municipal facility, it is imperative to install a state-of-the-art fire suppression system to safeguard the structure and its occupants. In line with modern building codes and safety regulations, the fire suppression system will play a crucial role in minimizing fire- related risks and ensuring rapid response in the event of a fire.
Cal State Fire Protection – City Hall
Discussion
Compliance with Safety Standards
The fire suppression system must comply with national and local fire safety standards, including the National Fire Protection Association (NFPA) codes and the International Building Code (IBC).
Adherence to these standards is essential to guarantee the effectiveness and reliability of the system.
Integration with all Building Systems
The fire suppression system will be integrated with all the building's existing alarm and emergency response systems. This integration ensures a coordinated and efficient response in case of fire, including automatic alerts to emergency services and building occupants.
The fire suppression system will consist of several key components, each of them requiring interfacing with all other building systems (i.e., air conditioning and heating systems, data and communication systems, security and monitoring systems, and emergency power backup systems) all serving a vital function in detecting, controlling, and extinguishing fires:
- Fire Sprinkler System
A network of fire sprinkler heads will be strategically installed throughout the building to provide immediate suppression of fires. The sprinkler system will be designed to activate automatically upon detecting heat, ensuring rapid response and containment. - Fire Alarm System
The fire alarm system will include smoke and heat detectors, manual pull stations, and audible/visual alarms. This system will provide early warning to occupants, allowing for safe evacuation and prompt notification of emergency services. - Standpipe System
Standpipes, equipped with hose connections, will be installed in key locations to support firefighting efforts. These standpipes provide a reliable water supply for firefighters, enabling them to combat fires effectively within the building.
- Fire Extinguishers
Portable fire extinguishers will be placed at strategic points throughout the building for use by trained personnel. These extinguishers will be selected based on the potential fire hazards in each area, ensuring appropriate coverage.
- System Testing, Commissioning, Training and Maintenance Once installation is complete, the fire suppression system will undergo rigorous testing to verify its functionality and compliance with safety standards. Any necessary adjustments or improvements will be made during this phase. The final phase will involve obtaining approvals from relevant authorities and handing over the fully operational fire suppression system to the City. Comprehensive training will be provided to ensure proper use and maintenance of the entire system.
Cal State Fire Protection – City Hall
Fiscal Impact
Funding costs are included in the Fiscal Year 24/25 – 28/29 Capital Improvement Plan (CIP) budget, CIP Project #Z20006.
Waiver of Competitive Bidding Procedures
Pursuant to Section 3.08.070(G) of the Municipal Code, the City Council has the discretion to waive the competitive bidding requirement that would otherwise be utilized for this purchase.
This will be one of the most elaborate and complicated systems in the building. Hopefully one that will never be utilized. It is for the many reasons mentioned in the staff report and the technical requirements of the design and installation of the system that in the best interest of the City an exception to the bidding process be invoked in accordance with section 3.08.070(G) of the contract code. Herein the design, purchase, and installation, all are completed by the same contractor. It is also worth mentioning that Cal State Fire Protection will perform the maintenance of the system.
As such the system benefits outlined below foster innovation, and provide a robust framework for highly technical requirements and inclusion of multiple building systems to function without failure:
- Single Point of Responsibility - Enhanced Communication and Collaboration - Faster Project Completion - Cost Savings
- Improved Quality Control - Reduced Administrative Burden - Increased Innovation and Flexibility - Better Risk Management Attachments
Attachment 1 - Agreement
Exhibit A - Proposal
City Manager's Office
1 Agreement No. __________
AGREEMENT FOR PUBLIC WORKS CONSTRUCTION
C
al State Fire Protection
For the
City Hall Purchase and
installation of the Fire
Suppression System
CIP PROJECT NO. Z20006
This Agreement for Public Works Construction (“Agreement”) is made and entered into as of February 25, 2025 by and between the City of Lake Elsinore, a municipal corporation (“City”) and Cal State Fire Protection (“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:
C
ity Hall Purchase and installation of the Fire Suppression System(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:
The P
roject 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 one million seven hundred eight three hundred thirty three thousand three hundred six dollars and twenty three cents ($336,306.23).
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 45 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 $500 per calendar day, and that the Contractor will pay to the City, or City may retain from amounts otherwise payable to Contractor, such amount for each calendar day by which the Contractor fails to complete the work, including corrective items of work, under this Agreement within the time hereinabove specified and as adjusted by any changes to the work.
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
4 property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.
9. Insurance Requirements.
a. Insurance. Contractor, at Contractor’s own cost and expense, shall procure and maintain, for the duration of the Agreement, unless modified by the City’s Risk Manager, the following insurance policies.
i. Workers’ Compensation Coverage. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability 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 Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage.
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: Cal State Fire Protection
Attn: Ethan Barajas
36140 Jana Lane
Wildomar CA 92595
11. Entire Agreement. This Agreement constitutes the complete and exclusive statement of agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
12. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney.
13. Assignment and Subcontracting. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties 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 Administration. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non-monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. The 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”
Cal State Fire Protection
City Manager
ATTEST:
By: Ethan Barajas
Its: Owner
City Clerk
APPR
OVED AS TO FORM:
City Attorney
Assistant City Manager
EXHIBIT A
CONTRACTOR’S PROPOSAL
[ATTACHED]
EXHIBIT B
LIST OF SUBCONTRACTORS
[ATTACHED]
Description of Work
New Construction Install of New City Hall, 4 Floors and Standpipe Underground is excluded.
Services to be completed
[Sprinkler] Location - Building
New Fire Sprinkler Installation of New City Hall Building Code Parts, Labor, and Items Quantity Unit Price Tax Total CAL-Sprinkler Labor Sprinkler Labor 1 $238,979.04 -- $238,979.04 CAL-Sprinkler Part Sprinkler Part 1 $89,496.27 $7,830.92 $97,327.19 SUBTOTAL $328,475.31
TAX @ 8.75% $7,830.92
GRAND TOTAL $336,306.23
By my signature below, I authorize work to begin and agree to pay the Grand Total.
Name: Date:
Signature:
From California State Fire Protection
A RapidFire Company
36140 Jana Lane
Wildomar CA 92595
(800) 470-3473
https://www.rapidfiress.com/inland-
empire/
C16-1114086
Quote No. 2016810
Type Construction
Prepared By Ethan Barajas
Created On 02/05/2025
Valid Until 03/05/2025
Quote For City of Lake Elsinore
City of Lake Elsinore-City Hall
130 South Main Street (City
Hall)
Lake Elsinore CA 92530
951.538.9493
14)
Minutes of the Regular Successor Agency Meeting of February 11, 2025 Approve the Minutes.
REPORT TO SUCCESSOR AGENCY
To: Honorable Chair and Members of the Successor Agency From: Jason Simpson, Executive Director
Prepared by: Candice Alvarez, MMC, Secretary
Date:February 25, 2025
Subject:Minutes of the Regular Successor Agency Meeting of February 11, 2025 Recommendation
Approve the Minutes.
Attachments
Attachment 1 - Draft Minutes
City Clerk's Office
City of Lake Elsinore
City Council Meeting
Minutes – Draft
Brian Tisdale, Mayor
Robert E. Magee, Mayor Pro Tem
Steve Manos, Council Member
Timothy J. Sheridan, Council Member
Natasha Johnson, Council Member
Jason Simpson, City Manager
Meeting Date:
February 11, 2025
Closed Session: 5:00 PM
Public Session: 7:00 PM
Cultural Center
183 N. Main Street
Lake Elsinore, CA 92530
CALL TO ORDER – 5:00 P.M.
The Regular Meeting of the City Council was called to order at 5:00 p.m.
ROLL CALL
Present: 5 - Council Members Sheridan, Manos, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Absent: 0 - None
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
There were no speakers.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: DS & RS Investment LLC, et al. v. City of Lake Elsinore, et al.; Riverside Superior Court Case No. CVME2402627
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov’t Code Section 54956.8)
Property: APN: 374-261-027
Agency negotiator: City Manager Simpson
Negotiating parties: City of Lake Elsinore and Morrow Plumbing Under negotiation: Price and terms of payment
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 2
RECONVENE/CALL TO ORDER – 7:00 PM..
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 Tisdale led the Pledge of Allegiance.
ROLL CALL
Present: 5 - Council/Agency Members Sheridan, Manos, and Johnson; Mayor Pro Tem/Vice Chair Magee; and Mayor/Chair Tisdale
Absent: 0 - None
CLOSED SESSION REPORT
Assistant City Attorney Mann reported that both items were discussed; however, no reportable action was taken.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Marc Hagest was called to speak.
CITY COUNCIL CONSENT CALENDAR
A motion was made by Council Member Manos, seconded by Council Member Sheridan to approve the City Council Consent Calendar. The motion carried by the following vote:
Aye: 5 Council Members Sheridan, Manos, and Johnson; Mayor Pro Tem Magee; and Mayor Tisdale
Nay: 0 None
1) Minutes of the Regular City Council Meeting of January 28, 2025
Approve the Minutes.
This item was approved on the City Council Consent Calendar.
2) CC Warrant Report Dated December 02, 2024 to December 08, 2024
Receive and File.
This item was approved on the City Council Consent Calendar.
3) CC Warrant Report Dated December 09, 2024 to December 15, 2024
Receive and File.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 3
4) CC Warrant Report Dated December 16, 2024 to December 22, 2024
Receive and file.
This item was approved on the City Council Consent Calendar.
5) CC Warrant Report Dated December 23, 2024 to December 29, 2024
Receive and File.
This item was approved on the City Council Consent Calendar.
6) CC Warrant Report Dated December 30, 2024 to January 05, 2024
Receive and File.
This item was approved on the City Council Consent Calendar.
7) Fiscal Year 2024-2025 Mid-year Operating Budget Status Report
1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY 2024 -2025 ANNUAL OPERATING BUDGET FOR MID-YEAR ADJUSTMENTS; and
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE FY2024- 2025 SCHEDULE OF AUTHORIZED POSITIONS FOR MID-YEAR ADJUSTMENTS.
This item was approved on the City Council Consent Calendar.
8) Resolution Regarding County Service Area 152 and Setting the Benefit Assessment Unit Rate for Fiscal Year 2025 -26 for the City of Lake Elsinore to Fund the City’s National Pollutant Discharge Elimination System (NPDES) Permit Compliance Activities
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAINTAINING COUNTY SERVICE AREA 152 AND AUTHORIZING THE BENEFIT ASSESSMENT UNIT RATE FOR FISCAL YEAR 2025 -26 FOR THE CITY OF LAKE ELSINORE TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT PROGRAM.
This item was approved on the City Council Consent Calendar.
9) Professional Services Agreement to Provide Grant Writing, Research, and Management
Approve and Authorize the City Manager to execute a Professional Services Agreement with Townsend Public Affairs (TPA) to provide grant research, writing, and management services, in an amount not to exceed seventy -two thousand dollars ($72,000) per year, with optional extensions for two additional years, in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 4
10) Public Works Construction Agreement with Edmondson Construction Co., for the Site Grading of the New City Library CIP Project #Z20003.
Award and authorize the City Manager to execute a Public Works Construction Agreement with Edmondson Construction Co. in an amount not to exceed $198,900.00 for the site grading of the new City Library (CIP Project #Z20006); 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 $19,890.00 for uncertainties and adjustments.
This item was approved on the City Council Consent Calendar.
11) Notice of Decision – Planning Commission Approval of Planning Application No. 2023-13 for a Commercial Design Review, Conditional Use Permit, and Sign Design Review to develop a 7,200 sq. ft. Retail Center with a drive- through restaurant on a 1.4- acre site located near the Collier Avenue and Nichols Road intersection
Receive and File the Notice of Decision for Planning Application No. 2023- 13 approved by the Planning Commission on January 21, 2025.
This item was approved on the City Council Consent Calendar.
12) Vacation of Certain Streets and Easements Located Within Stockdale Area
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, VACATING CERTAIN STREETS AND EASEMENTS LOCATED
WITHIN THE AREA BOUNDED BY NICHOLS ROAD TO THE NORTH, PIERCE
ROAD TO THE EAST, KINGS HIGHWAY TO THE SOUTH, AND TERRA COTTA
ROAD TO THE WEST (WITHIN AN AREA COMMONLY REFERRED TO AS “STOCKDALE”).
This item was approved on the City Council Consent Calendar.
13) Amendment No. 2 to the Agreement with David Evans and Associates, Inc. (DEA) for Main Street Gateways Design Development
Approve and authorize the City Manager to execute Amendment No. 2 to the Agreement with David Evans and Associates, Inc. in an additional amount not to exceed $18,600 for Main Street Gateways Design Development in such final form as approved by the City Attorney and authorize the City Manager to execute change orders not exceeding 10% contingency of the total contract amount of $519,933, or $51,993, for unanticipated costs.
This item was approved on the City Council Consent Calendar.
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 5
14) Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. for Civil Engineering Services for the City Park Parking Lot (CIP Project Z40037)
Approve and authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California, Inc. in the amount of $27,500 for Civil Engineering Services for the City Park Parking Lot (CIP Project No. Z20037) in such final form as approved by the City Attorney.
This item was approved on the City Council Consent Calendar.
SUCCESSOR AGENCY CONSENT CALENDAR
A motion was made by Agency Member Johnson, seconded by Vice Chair Magee to approve the Successor Agency Consent Calendar. The motion carried by the following vote:
Aye: 5 Agency Members Sheridan, Manos, and Johnson; Vice Chair Magee; and Chair Tisdale
Nay: 0 None
15) Minutes of the Regular Successor Agency Meeting of January 28, 2025
Approve the Minutes.
This item was approved on the Successor Agency Consent Calendar.
16) SA Warrant Report Dated December 09, 2024 to December 15, 2024
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
17) SA Warrant Report Dated December 16, 2024 to December 22, 2024
Receive and file.
This item was approved on the Successor Agency Consent Calendar.
18) SA Warrant Report Dated December 23, 2024 to December 29, 2024
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
19) SA Warrant Report Dated December 30, 2024 to January 05, 2024
Receive and File.
This item was approved on the Successor Agency Consent Calendar.
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 6
20) Public Works Construction Agreement Award to United Carports, LLC for the Stadium Maintenance/Storage Facility Project CIP Project No. RDA Z20003
Approve and authorize the Executive Director to execute a Public Works Construction Agreement with United Carports, LLC in an amount not to exceed $346,000.00 for the Stadium Maintenance/Storage Facility Project in such final form as approved by the Agency Attorney; authorize the Executive Director to execute change orders not to exceed the 10% contingency amount of $34,600.00; and authorize the Agency Secretary to record the Notice of Completion once work is completed.
This item was approved on the Successor Agency Consent Calendar.
PUBLIC HEARING
21) Participation in the Transportation Uniform Mitigation Fee (TUMF) Program; and Adopting a TUMF Schedule
1. Introduce by title only and waive further reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.83 TO UPDATE THE WESTERN RIVERSIDE COUNTY
TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) PROGRAM; and,
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, AMENDING THE APPLICABLE TRANSPORTATION
UNIFORM MITIGATION FEE (TUMF) APPLICABLE TO ALL DEVELOPMENTS IN
CITY OF LAKE ELSINORE
The Public Hearing was opened at 7:07 p.m.
City Engineer Habib presented the staff report.
There were no speakers.
The Public Hearing was closed at 7:19 p.m.
A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Magee to introduce by title only and waive further reading of the Ordinance and adopt the Resolution. The motion carried by the following vote:
Aye: 5 Council Members Sheridan, Manos, and Johnson; Mayor Pr o Tem Magee; and Mayor Tisdale
Nay: 0 None
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
There were no speakers.
CITY ATTORNEY COMMENTS
Assistant City Attorney Mann had no comments.
City Council Minutes - Draft February 11, 2025
City of Lake Elsinore Page 7
CITY MANAGER'S COMMENTS
City Manager Simpson had no comments.
CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED
Council Member Sheridan reported on his attendance at the Riverside Transit Agency Board of Directors meeting on January 23, 2025 and Budget & Finance Committee meeting on February 5, 2025; spoke on his attendance at the Elsinore Valley Champions Special Needs Baseball tournament; shared his attendance at the Menifee Union School District State of hte District event on February 5, 2025; and shared a video from the Ophelia Theater Group announcing the commencement of its Actors’ Gym program.
Council Member Manos reported on his attendance at the Southern California Association of Governments Regional Council meeting on February 6, 2025.
Council Member Johnson congratulated February 2025’s Students of the Month; and shared tips for residents to prepare for the upcoming winter storms.
Mayor Pro Tem Magee shared tips to keep pets safe during cold weather; and invited the community to attend the Cal Club Autocross event February 22-23, 2025 at Diamond Stadium.
Mayor Tisdale reported on his attendance at the Western Riverside Council of Governments Executive Committee meeting on February 3, 2025; requested that residents share their thoughts and complete a survey for the Climate Adaptation and Action Plan; shared photos from Eagle Scout Troop 300’s projects; announced that the City was awarded the American Council of Engineering Companies California Merit Engineering Excellence Award for the I -15 Railroad Canyon Rd. Interchange Reconstruction Project; and invited the community to attend the Lake Elsinore Library Groundbreaking ceremony which will be held from 4:00 – 5:30 p.m. on March 20, 2025 at the corner of Main Street and Sumner Avenue.
ADJOURNMENT
The Lake Elsinore City Council adjourned at 7:35 p.m. to the next Regular meeting of Tuesday, February 25, 2025 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.
15)
SA Warrant Report Dated January 06, 2025 to January 12, 2025 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Warrant Report Dated January 06, 2025 to January 12, 2025 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JAN 06, 2025 TO JAN 12, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 96,784.25 $
540 SARDA DIAMOND STADIUM 2,568.02
GRAND TOTAL 99,352.27 $
Attachment 1 1 OF 1
JAN 06, 2025 TO JAN 12, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25001304 LAKE ELSINORE STORM, LP 96,784.25 $
APA25001310 RP LANDSCAPE & IRRIGATION 498.02
8318 AK SECURITY ALARM LLC 2,070.00
GRAND TOTAL 99,352.27 $
Attachment 2 1 OF 1
16)
SA Warrant Report Dated January 13, 2025 to January 19, 2025 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Warrant Report Dated January 13, 2025 to January 19, 2025 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JAN 13, 2025 TO JAN 19, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 36,860.59 $
GRAND TOTAL 36,860.59 $
Attachment 1 1 OF 1
JAN 13, 2025 TO JAN 19, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
8369 AK SECURITY ALARM LLC 11,798.21 $
8381 PROSTAFF, LLC 11,812.50
APA25001337 CR&R, INC. 2,849.88
APA25001364 MUSCO SPORTS LIGHTING, LLC 10,400.00
GRAND TOTAL 36,860.59 $
Attachment 2 1 OF 1
17)
SA Warrant Report Dated January 20, 2025 to January 26, 2025 Receive and File.
REPORT TO SUCCESSOR AGNECY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Warrant Report Dated January 20, 2025 to January 26, 2025 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JAN 20, 2025 TO JAN 26, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 6,526.03 $
GRAND TOTAL 6,526.03 $
Attachment 1 1 OF 1
JAN 20, 2025 TO JAN 26, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25001409 EXCEL LANDSCAPE, INC. 154.70 $
APA25001415 LAKE ELSINORE STORM, LP 3,871.33
8429 WILMINGTON TRUST, NATIONAL ASSOCIATION 2,500.00
GRAND TOTAL 6,526.03 $
Attachment 2 1 OF 1
18)
SA Warrant Report Dated January 27, 2025 to February 02, 2025 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Warrant Report Dated January 27, 2025 to February 02, 2025 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
JAN 27, 2025 TO FEB 02, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
510 SARDA AREA I, II, & III 106,150.04 $
540 SARDA DIAMOND STADIUM 7,567.36
GRAND TOTAL 113,717.40 $
Attachment 1 1 OF 1
JAN 27, 2025 TO FEB 02, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25001447 HDL COREN & CONE 5,494.44 $
APA25001453 LAKE ELSINORE STORM, LP 100,655.60
APA25001461 RP LANDSCAPE & IRRIGATION 454.11
APA25001465 SOUTHERN CALIFORNIA EDISON CO. 25.90
8489 AK SECURITY ALARM LLC 6,250.00
8490 AMAZON BUSINESS 837.35
GRAND TOTAL 113,717.40 $
Attachment 2 1 OF 1
19)
SA Warrant Report Dated February 03, 2025 to February 09, 2025 Receive and File.
REPORT TO SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
To:Honorable Agency Chair and Members of the Successor Agency From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Warrant Report Dated February 03, 2025 to February 09, 2025 Recommendation
Receive and File.
Discussion
The Warrant Report lists all general checks issued for the Successors Agency of the Redevelopment Agency of the City of Lake Elsinore for the above mentioned period.
Attachments
Attachment 1 – SA Warrant Summary
Attachment 2 – SA Warrant Listing
Administrative Services
FEB 03, 2025 TO FEB 09, 2025 CITY OF LAKE ELSINORE SA WARRANT SUMMARY FUND NO. FUND DESCRIPTION TOTAL
540 SARDA DIAMOND STADIUM 154,010.00 $
GRAND TOTAL 154,010.00 $
Attachment 1 1 OF 1
FEB 03, 2025 TO FEB 09, 2025 CITY OF LAKE ELSINORE SA WARRANT LIST WARRANT NO. VENDOR NAME AMOUNT
APA25001503 SPORTS FIELD SERVICES 154,010.00 $
GRAND TOTAL 154,010.00 $
Attachment 2 1 OF 1
20)
SA Investment Report for January 2025
Receive and file the Investment Report for January 2025.
REPORT TO SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
To:Honorable Chair and Members of the Successor Agency
From:Jason Simpson, Executive Director
Prepared by:Shannon Buckley, Assistant Executive Director Date:February 25, 2025
Subject:SA Investment Report for January 2025
Recommendation
Receive and file the Investment Report for January 2025.
Discussion
The Investment Report is a listing of all funds invested for the City of Lake Elsinore and includes funds held for the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore as of the date shown on the report.
Fiscal Impact
No fiscal impact.
Attachments
Attachment 1 - Investment Report for January 2025
Administrative Services