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2008/08/18 Christopher A. Joseph and Associates CEQA Notices, Initial Study, EIR PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT for Professional Services ("Agreement") is made this 18th day of August("Effective Date") by and between the City of Menifee ("City") and Christopher A. Josephs and Associates ("Consultant") (together sometimes referred to the "Parties"). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated here. Such work shall be provided at the time and place and in the manner specified in Exhibit A. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A,this Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end upon completion of the scope of work specified in Exhibit A. Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. Key personnel shall include Christopher Joseph and Erin Efner. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations hereunder. 1.5 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $198,260 notwithstanding any contrary indications that may be contained in 4824-7172-0963.1 Professional Services Agreement with Christopher A.Joseph and Associates 1 of Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation,this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant shall provide any additional billing back up materials requested by City. 2.1 Invoices. Consultant shall submit invoices as defined tasks are completed, based on the cost for services performed and reimbursable costs incurred for that specific task. Consultant may request approval for payment of a percentage or portion of a Task. Invoices shall contain the following information: • Receipts for expenses to be reimbursed; • The Consultant's signature. 2.2 Payment. City shall make payments based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this Agreement within sixty(60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified in writing prior to the submission of such an invoice. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of the contract. 4824-7172-0963.1 Professional Services Agreement with 2 of 13 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Section 3. FACILITIES AND EQUIPMENT. Except as otherwise provided, Consultant shall, at its sole cost and expense,provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's compensation. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. ❑ 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00)per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, 4824-7172-0963.1 Professional Services Agreement with 3 of 13 officials, employees, and authorized volunteers for loss arising from work performed under this Agreement. ❑ 4.2 Commercial General ❑ Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00)per occurrence, combined single limit coverage, for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability 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. Such coverage shall include but shall not be limited to,protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coveraEe. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. ❑ 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability 4824-7172-0963.1 Professional Services Agreement with 4 of 13 insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. C. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests'rating of no less than A: VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with Certificates of Insurance, and upon request, complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty(30) 4824-7172-0963.1 Professional Services Agreement with 5 of 13 days'prior written notice by certified, mail,return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten(10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; Primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant;products and completed operations of Consultant, as applicable;premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self- insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4824-7172-0963.1 Professional Services Agreement with 6 of 13 4.4.7 Variation. Contract Administrator may approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof, and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless (i)the City and its officials, officers, employees, agents, and authorized 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 wholly from the negligence or willful misconduct of the City or its officers, employees, agents or authorized volunteers and(2)the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONSULTANT. 4824-7172-0963.1 Professional Services Agreement with 7 of 13 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied,to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state and federal laws and regulations applicable to the performance of the work hereunder. 7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense,keep in effect at all times during the term or this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. Section 8. TERMINATION AND MODIFICATION. 4824-7172-0963.1 Professional Services Agreement with 8 of 13 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant shall notify City immediately. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 4824-7172-0963.1 Professional Services Agreement with 9 of 13 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda,plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above,prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data,plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant's Books and Records. 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 the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon 4824-7172-0963.1 Professional Services Agreement with 10 of 13 oral or written request of, the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10. MISCELLANEOUS PROVISIONS. 10.1 Attorneys' Fees. If either party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement,the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in Riverside County. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Erin Efner. 10.7 City Contract Administration. This Agreement shall be administered by a City ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.8 Notices. Any written notice to Consultant shall be sent to: Erin Efner 11849 W. Olympic Boulevard Suite 101 Los Angeles, CA 90064 4824-7172-0963.1 Professional Services Agreement with 11 of 13 Any written notice to City shall be sent to the Contract Administrator with a copy to: 10.9 Professional Seal. Where applicable in the determination of the Contract Administrator,the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 4824-7172-0963.1 Professional Services Agreement with 12 of 13 The Parties have executed this Agreement as of the Effective Date. CITY QF MENIFEE CONSULTANT Geor{�e A. entz, it3 M ger Christ ern&Y— Attest: Kathy Bennett, City Clerk Approved as to Form: auo' Eliza. th Martyn, City Attorney 4824-7172-0963.1 Professional Services Agreement with 13 of 13 CHRISTOPHER A. JOSEPH &ASSOCIATES 6��id Environmental Planning and Research July 30,2009 John Meyer Planning Department City of Menifee 29714 Haun Road Menifee, CA 92586 RE: Proposal to Prepare an Environmental Impact Report for the 168.44-acre site in Menifee, CA Dear Mr.Meyer, Christopher A. Joseph & Associates (CAJA) is pleased to present this proposal to provide environmental consulting services for the Menifee site (the "Project") in the City of Menifee, County of Riverside. The proposed consulting services addressed in this proposal would provide environmental documentation required to process the land use entitlements required for the Project. As detailed further below, CAJA's services would include the preparation of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA). CAJA's project experience in Riverside County brings an in-depth and unique understanding of the environmental issues and constraints that exist in the general vicinity of the Project site. CAJA is currently working on two projects in the immediate project area: the Commerce Pointe Industrial Project(on Zeiders Road) and the Junction at Menifee Valley Commercial Project(at Scott and Haun Roads). Project Location and Setting The newly incorporated City of Menifee, wherein the Project site is located, is characterized by a mix of suburban development, including commercial, residential, and industrial land uses. The Project site is generally bounded by the Newport Road to the north, Haun Road to the east, Holland Road to the south, Sherman Road to the west, and intersected by La Piedra Road. Local access the Project site is available from Newport Road, a major transportation corridor, as well as an extensive network of surrounding roadways in the area. Regional access is available from Interstate 215,which has access points less than one quarter of a mile from the Project site. The roughly 168.44-acre Project site encompasses Assessor Parcel Numbers (APNs): 360080001, 360080002, 360080003,360080004,360080005, 360080006, 360080007,360080008,360110001, 360110002, 360130001, and 360130002. The Project site is currently undeveloped. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes 6iiiCHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research Project Understanding It is our understanding that the proposed Project will entitle approximately 1,733 residential units, approximately 399,700 square feet (sf) of commercial uses, and approximately 111,100 sf of business uses. The apartment uses, which will encompass approximately 16.3 acres of the site, will include ground floor office/commercial. Additionally,the Project will include a 5.2-acre Town Center, 6.6 acres of parks and greenbelts, and 17.1 acres that may contain a future school or aquatic center. The Project site is located within the Sun City/Menifee Valley Area Plan, as well as the Countryside Specific Plan (Specific Plan#194). Current land use designations for the Project site consist of High Density Residential (HDR), Medium Density Residential (MDR), Medium High Density Residential (MHDR), and Open Space Recreation (OS-R). The OS-R designation encompasses a water channel that traverses the site. The project site is also within the boundaries of the Western Riverside County Multi-Species Habitat Conservation Plan area. The residents of the Menifee area recently voted to incorporate and create the City of Menifee. At this time, the new City's role in the CEQA process is unknown. Therefore, for the purposes of this proposal, we anticipate that the City of Menifee ("City") will be the Lead Agency for purposes of complying with CEQA, and will be the primary public agency responsible for approving this project. Other approvals, as deemed necessary, will be required in accordance with all applicable guidance and regulations. It is anticipated that the City will require that an EIR be prepared for this project. For reasons outlined in correspondence with Manatt, Phelps, and Phillips on July 30, 2008, CAJA recommends that this EIR not be tiered from previously prepared EIRs prepared for the Specific Plan area. PROPOSED SCOPE OF WORK Task 1: CEQA Notices/Initial Study/EIR Scoping CEQA includes prescribed noticing requirements to inform the public and involved or interested agencies that documentation is being prepared for a project. CAJA will also assume responsibility for the preparation and circulation of the Notice of Preparation (NOP) and other required public notices such as the Notice of Completion (NOC) and Notice of Determination(NOD). The NOP will include a map of the project site, a brief description of the proposed Project, and a preliminary list of the environmental effects to be evaluated in the EIR. A public scoping meeting will be held for this project in accordance with City procedures. CAJA will participate in the scoping meeting. The purpose of the scoping meeting is to allow interested parties and responsible agencies to comment on the environmental issues that could be addressed in the EIR. This proposal assumes one scoping meeting. CAJA will prepare an Initial Study checklist and supporting documentation that comprehensively addresses all environmental checklist issues. The checklist would draw primarily upon the technical analyses conducted for the project. The Initial Study will be used as the basis to determine those analyses that would be necessary for the EIR. A finalized scope for the Draft EIR will be defined after all comments on the NOP have been received. CAJA will work with the Project Team to determine if the comments expand the scope of work or require additional sections 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com.Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes v CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research and/or technical analyses to be included in the EIR. The NOP and all correspondence received in response to the NOP will be attached as an Appendix to the Draft EIR. Direct costs associated with noticing requirements (i.e., certified mailing, City and County posting fees, and publishing fees for newspaper, etc) are included in our budget estimate. Task 2: Review and Document the Environmental Baseline CAJA will review existing information and pertinent documentation to determine issues, findings, and problem resolutions that could be relevant to the CEQA documents. A concerted effort will be made to utilize and incorporate existing data into these documents as much as possible, including the Countryside Marketplace Draft Supplemental EIR prepared in 2006 for the Donahue Schriber project as well as the original Specific Plan 194 EIR. The environmental baseline will incorporate readily available technical studies that may be provided by the Project Team including, but not limited to: a Traffic Study, a Phase I Environmental Site Assessment (ESA), Drainage Plans/Hydrology Study, and a Geotechnical Report. CAJA has reviewed the Phase I ESA, Geotechnical Report, and Biological Assessment for the Countryside Marketplace Supplemental EIR and has determined the following: In order to use the Phase I ESA for the proposed project, the area evaluated will need to be expanded upon. The original report evaluated approximately 236 acres. CAJA will also need to review the Geotechnical Report in further detail to ensure it addresses the fact that the site is located within an "expanded seismic/geologic hazard area". This report may be of use in the EIR. Finally, as discussed below, the Biological Assessment will need to be redone. This is, in part, due to the date of the original assessment as well as the fact that the site remains ungraded and could have changed with respect to biological resources. A major part of the documentation process involves coordination with various governmental agencies including, but not limited to, responsible agencies, public service and utility providers, and local community organizations. CAJA will identify the respective service and utility providers and initiate contact with agency representatives to coordinate agency involvement in the CEQA process. Analysis of the existing environmental setting is necessary in order to compare those conditions to any changes created and produced by the Project and to identify any significant environmental effects of the Project. For purposes of environmental analysis, the environmental setting is defined as the physical conditions in the affected area as they exist at the time the NOP for the EIR is published. The environmental conditions at the Project site will be researched and documented to establish an accurate environmental baseline to analyze the Project and Project alternatives. Task 3: Preparation of Administrative(Screencheck)Draft EIR To enable CAJA to proceed with this task, the following information (to the extent available) should be provided by the City or the Applicant to clearly define the Project description and conduct the environmental analysis: • Existing and proposed site plans in electronic format(pdf) • Building elevations and sections in electronic format(pdf) • Architectural Renderings in electronic format(pdf) 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research • Grading plans and the amount of soil export • Lighting plans • A list of requested discretionary actions/entitlements • A summary of the proposed development including the amount of square footage dedicated to each proposed use. • Construction schedule and phasing • Drainage Plans/Hydrology Study • Geotechnical Report(suitability for use in EIR to be determined) • Phase I Environmental Site Assessment updated to reflect the entire project site • Traffic Report An Administrative (Screencheck) Draft EIR will be prepared for first review by the Project Team. The following identifies the major sections that will be included in the Screencheck Draft EIR. a) Introduction and Summary An Introduction and Summary will be included as the first section of the EIR. The Introduction and Summary section of the EIR will include a narrative on the background of the EIR process, development of the Project and Project Alternatives, a short summation of the environmental review and Project approval process, and a summary of expected environmental effects and mitigation measures. b) Overview of Environmental Setting The environmental setting will provide a physical description of the Project site and the surrounding area. Existing improvements and land uses will be described. A discussion and tabular list of related projects, as provided by the traffic consultant, will be presented, and the location of such development will be plotted on an area map. A related projects "list-based" approach(CEQA Guidelines, Section 15130(b)(1)(A))will be used to analyze the potential cumulative impacts of the proposed Project in conjunction with other projected growth in the area. c) Description of the Proposed Project The Project description will provide a detailed narrative and graphical presentation of the provisions of the Project, including proposed improvements and architectural plans. The Project description will include a qualitative and graphical description of the Project location and boundaries, including regional and vicinity maps and aerial photos. CAJA will incorporate architectural renderings and plan drawings,as provided by the City or the Applicant. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com.Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES _J Environmental Planning and Research d) Environmental Analysis As an introduction to this section of the EIR, each environmental impact area determined not to have a potentially significant impact on the environment will be listed with an accompanying discussion of the reasons for the determination. The environmental issues areas anticipated to be included within the scope of the EIR are the following: Aesthetics— Implementation of the project would allow development on the site that could change the site character from generally rural in nature to a more developed mixed-use site. The project site is within the viewshed of the I-215 freeway, which has been designated as a County-Eligible Scenic Highway. CAJA will conduct a site visit and document in photographs the existing visual character of the site and surrounding area. Views of the site from surrounding areas will also be described in this chapter of the EIR. We will analyze whether the proposed project would substantially degrade the existing visual character or quality of the site and its surroundings due to height, bulk, or massing; architectural style or building materials; location in a visually prominent site, degrading the visual unity of the area; detracting from the overall image of the area; degrading views from roadways and adjacent uses; inclusion of unscreened outdoor uses or materials; or the introduction of an architectural feature or building mass that conflicts with the character of surrounding development. The analysis will focus on how the development is integrated within the surrounding land uses and conditions. Existing scenic vistas will be described, and the project's impacts on any such scenic vista will be analyzed, particularly where it obstructs views from a roadway or other public viewpoints, or through removal of natural features or addition of man-made features or structures that degrade the visual intactness and unity of the scenic vista. Existing sources of light and glare will be described. The EIR will analyze whether the proposed project would create a new source of substantial light or glare that would adversely affect day or nighttime views in the area where the project will have outdoor illumination of more than one and a quarter foot candles from dusk to dawn, where reflective building materials will be used, or where the project will use neon or similar signage or architectural features. Agricultural Resources—Portions of the project site are designated as Prime Farmland, Farmland of Statewide Importance, and Farmland of Local Importance. However, there are no Williamson Contracts in effect. CAJA will determine if the project would result in significant impacts to agricultural resources. Mitigation measures (if feasible) would be crafted in consultation with the City. Because no agricultural uses are immediately adjacent to the site, CAJA does not anticipate that the proposed project would induce off-site conversation of farmland to non-agricultural use. Air Quality — CAJA will prepare Air Quality Impact Analyses that addresses the projects' contribution to existing air quality violations and the exposure of persons to substantial pollutant concentrations. The analyses will follow the recommendations of the South Coast Air Quality Management District's (SCAQMD) CEQA Air Quality Handbook and will also incorporate 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes I CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research information from the SCAQMD's Rules and Regulations and Localized Significance Threshold Methodology. Baseline air quality information will be presented which will describe the climate and meteorological conditions in the project area, applicable federal and State ambient air quality standards, existing local and regional air quality, and the Air Quality Management Plan (AQMP). Sensitive receptors in the vicinity of the project sites will be identified and described. A quantitative discussion of the potential net increase in air quality emissions generated by the proposed projects will be presented. This will include emissions associated with construction operations (i.e., construction equipment, fugitive dust, energy use, vehicle trips and architectural coatings) and long-term operational emissions (i.e., energy use, landscape maintenance, architectural coatings, consumer products, and vehicle trips). As recommended by SCAQMD, the impact analysis will include an assessment of the projects' possible mass emissions as compared to established significance thresholds. The analyses will also discuss the generation of greenhouse gas emissions. Although project-level significance thresholds for GHGs emissions have not been established by any air agency, including the SCAQMD, the analysis will nonetheless quantify the GHG emissions associated with construction and operation of the proposed project, and will' qualitatively assess the proposed project's consistency with the GHG reduction strategies outlined in the Climate Action Team's (CAT)2006 Report that was prepared for Governor Schwarzenegger- and the California Legislature. Mitigation measures necessary to reduce or avoid any potential project-generated impacts to air quality will be identified and their performance quantified based on methodologies available from the SCAQMD and other sources. Biological Resources— Several biological reports and other relevant documents pertaining to the proposed project site were considered in preparation of this scope of work. These include(but are not limited to)the following: • The Menifee Countryside Marketplace Draft EIR(LSA Associates,October 23,2006); • General Biological Resources and Habitat Assessment Report(LSA Associates, Inc., June 9,2006); • Biological Technical Report of Findings for the Countryside Project Site(Chambers Group Inc.,August 2003); • 90-Day Report for the Dry-Season Presence/Absence Survey for Vernal Pool Branchiopods Conducted on the Countryside Project Site(Chambers Group Inc.,January 23,2004); and 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita 9 Agoura Hills•Petaluma 9 Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES r I Environmental Planning and Research • Jurisdictional Delineation of the Approximately 305-Acre Countryside Project Site in Menifee, Riverside County, California (Glenn Lukos Associates, December 29, 2004 [Revised February 2005]). Some of these previous biological studies may now be considered outdated or inadequate per recent Western Riverside County Multiple Species Habitat Conservation Plant (MSHCP) requirements, and therefore may not provide adequate information for assessing potential impacts to sensitive biological resources from the proposed project. In addition, site conditions may have changed since the previous studies were conducted, requiring re-evaluation. Finally, the jurisdiction under which the original biological assessment was prepared is different from the jurisdiction for the project. The City of Menifee may have different requirements for biological studies than the County of Riverside. This scope involves the use of some previous biological studies to the extent possible, as well as conducting new studies in order to adequately assess potential impacts to sensitive biological resources from the proposed project. Task 1. Peer Review Existing Biological Resources Reports a) Review Existing Information. The existing biological studies completed for the project site will be peer reviewed by CAJA biologists to determine their adequacy, completeness, and accuracy. Peer review methods will include examining current records of special-status species and sensitive natural community occurrences in the vicinity of the project site maintained by latest versions of the CDFG's Natural Diversity Data Base (CNDDB), the California Native Plant Society's (CNPS) Electronic Inventory, and the U.S. Fish and Wildlife Service's (USFWS) species lists. This will serve to confirm the latest information available on the potential occurrence and distribution of special-status species and/or critical habitat in the vicinity of the site. As part of this task, CAJA will also review the existing delineation report and previously prepared permit applications for the Section 404 permit for the US Army Corps of Engineers, the California Department of Fish and Game Section 1600 Streambed Alteration Agreement, and the RWQCB Section 401 water quality certification, if available. According to the Land Use Due Diligence Matrix prepared by Manatt, Phelps and Phillips, LLP,there appears to be a discrepancy among the various reports with respect to the presence of jurisdictional waters on the project site. An updated site assessment will serve to confirm the presence/absence/extent of any jurisdictional features. Other resources that may be consulted during the peer review process include (but are not limited to) the National Wetland Inventory maps, topographic maps, aerial photographs, soil survey maps, and other regional studies. The review of the existing biological studies for the project site will determine if the reports adequately analyze potential impacts to sensitive biological resources from the proposed project and to evaluate the appropriateness of proposed mitigation measures to minimize, avoid, or compensate for any significant adverse impacts. As necessary, representatives from the resource and regulatory agencies will be informally consulted to obtain any site-specific information and clarify sensitivity of biological resources. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012.E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes �- CHRISTOPHER A. JOSEPH &ASSOCIATES f Environmental Planning and Research b) Conduct Reconnaissance-Level Field Survey. Although a concerted effort will be made to utilize and incorporate as much existing data as possible into the EIR, our biologists will also conduct a reconnaissance-level field survey. The purpose of this survey will be to assess the existing conditions of the project site, including verifying boundaries of plant communities and jurisdictional features, evaluating the potential presence for special-status species and sensitive communities, and assessing the potential biological resources impacts associated with the proposed project. Existing conditions observed on the project site will be noted and will be compared to those documented in the existing biological reports and planning material for the project site. If the potential for additional resources is discovered or substantial differences are observed, our biologists will address these differences in a peer review memorandum in order to resolve data gaps(refer to Subtask C below). NOTE. The following assumptions were made for this subtask: (1) Digital versions of existing project data, including (but not limited to) aerial and topographic imagery,plant communities, and potential jurisdictional features, will be provided by the city or the applicant. Acceptable formats are: .dwg (AutoCAD release 14 or higher), or ESRI ArcGIS compatible vector data. Reference files must be included with the master file. Files that are native raster format(such as aerial imagery, site photos, etc) must be in either.tiff or jpeg format. (2) If any additional biological studies are determined necessary during the peer review process, our biological team can conduct these studies; however, an expanded scope and cost estimate will be required for such services. Task 2. Burrowing Owl Assessment/Surveys Although surveys for burrowing owl (Athene cunicularia) were completed within the Planning Area of the Countryside Specific Plan #194 in May 2006,' it is unclear if suitable habitat is currently present on the proposed Project site. Rough grading associated with the Countryside Marketplace Project may have removed and/or disturbed suitable habitat previously present on the site for burrowing owls, as development of the Marketplace Project was dependent upon the removal of the entire Planning Area from the 100-year flood plain. CAJA's biologists, therefore, recommend that surveys for burrowing owls within the development footprint and buffer zone be conducted following the survey protocol outlined in the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area.z In general, the methods outlined in this protocol include the following steps: (1) a habitat assessment; (2) a burrow and burrowing owl survey;3 and(3) a written report. If no burrowing owl habitat is present on the site, a burrow and burrowing owl survey (Step 2) is not necessary. The budget associated with this ' LSA Associates, Inc. 2006 Countryside Marketplace Draft Supplemental EIR. Prepared for Riverside County Planning Department and Donahue Schriber,Inc. October 24, 2006 2 County of Riverside, Environmental Programs Department. 2006 Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Habitat Conservation Plan Area. March 2006 3 This step includes four separate site visits during the breeding season(February Is`through August 3Is) 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 41 7-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research scope does not include our time to complete Step 2. If Step 2 is required, a budget amendment will be requested. The written report will provide all relevant background information, the survey methods and results, and, if necessary, recommendations to avoid, minimize, and mitigate for adverse effects of construction and operation of the proposed Project on burrowing owls. The report will also include a map depicting the location of areas supporting concentrations of suitable burrows, occupied burrows, and individual or pair of owls observed during surveys. A draft of this report will be provided in MS Word format for review and comment. If necessary,the draft will be revised,and the final report will be submitted in Adobe PDF format. NOTE: The following assumptions were made for this task: (1) Breeding season surveys will be scheduled for the Spring of 2010. (2) Only one revision cycle of the draft written report (i.e., habitat assessment or survey report) will be necessary following review by the client; all comments will be consolidated and provided to CAJA at one time. (3) This task does not include the pre-construction surveys. CAJA's biological team could complete such surveys, if required and requested, however, such surveys will require an expanded scope and cost estimate. Task 3. Narrow Endemic Plant Species Assessment/Surveys The Project Site is located within a survey area for narrow endemic plant species (Survey Area 3). Surveys for narrow endemic plant species were conducted within the Countryside Project Site in 2003 and 2006. This survey located a population of spreading navarretia (Navarretia fossalis), a federally threatened plant species,within a depressional feature on-site. However, according to the U.S. Fish and Wildlife Service's (USFWS) plant survey guidelines, surveys should be conducted every three years and therefore, the 2003 survey is outdated. Therefore, CAJA's botanists will conduct a new habitat assessment per MSHCP requirements to determine whether suitable habitat for narrow endemic plant species currently exists on the Project Site. (NOTE: The MSHCP requires that assessment for species associated with vernal pools must be conducted during the rainy season; therefore, if the City of Menifee or RCA determine that the habitat assessment is insufficient, a new assessment will be required in Spring 2009). If the assessment determines that suitable habitat is present for narrow endemic plant species, a focused survey will be required in Spring 2009; this survey will follow USFWS and California Department of Fish and Game (CDFG)survey protocols. Based on the results of the previous surveys, it is assumed that protocol- level surveys will be required following the habitat assessment and, therefore, such surveys are included in this scope of work. The agency survey protocols require conducting surveys during the appropriate blooming period for the target species and recording all plant species observed. This scope assumes that three (3) separate surveys will be required in order to appropriately capture the blooming period of the narrow endemic plant species in question. The assessment and/or survey report will include methods,results, maps of suitable habitat and/or observed populations of narrow endemic plant species, a list of plant species observed,and site photographs. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research NOTE: Given that a narrow endemic plant species, spreading navarretia,was already found on-site in 2003 and 2006, it is very likely that this species will be encountered again during the 2009 focused surveys. Per the MSHCP, if a narrow endemic plant species is found on-site, impacts to 90% of those portions of the property that provide for long-term conservation value of the identified narrow endemic plant species shall be avoided. If avoidance is not feasible, a Determination of Biologically Equivalent or Superior Preservation(DBESP)must be prepared that will analyze the value of proposed compensation measures and determine whether these measures will result in habitat that is either equivalent or superior to the habitat impacted by the project. However, at this time, preparation of a DBESP is not included in this scope of work, as it may not be required and it cannot be accurately scoped at this time with the information available; however, if necessary,a DBESP can be prepared as an out-of-scope task or contract amendment. Preparation of a DBESP may be required by the City of Menifee in order for the EIR to be considered complete. Task 4. Riparian/Riverine and Vernal Pool Assessment Per:the requirements of the Section 6.1.2 of the MSHCP, all properties must be evaluated to determine whether they support riparian/riverine or vernal pool habitat. Although the 2006 Countryside Marketplace Draft Supplemental EIR noted that the site does not support riparian/riverine or vernal pool habitats per the MSHCP definitions,the analysis of this issue is not considered to be adequate, particularly given that vernal pool habitat was determined to be present on-site in the 2003 Chambers Group report. Therefore, a new Riparian/Riverine and Vernal Pool Assessment is recommended to identify and describe any such habitats on-site, including their species composition, topography/hydrology, soils, and functions and values (such as hydrologic regime, flood storage and flood flow, nutrient retention, sediment trapping, and habitat for associated sensitive species). NOTE: If the assessment determines that riparian/riverine or vernal pool habitat is present on-site, and if it is determined that it is not needed for MSHCP preserve acquisition, project alternatives will need to be developed in an effort to avoid or minimize impacts to such habitat. If these alternatives are determined to be infeasible, a DBESP must be prepared that will analyze the value of proposed compensation measures and determine whether these measures will result in habitat that is either equivalent or superior to the habitat impacted by the project. However, at this time, preparation of a DBESP is not included in this scope of work, as it may not be required and it cannot be accurately scoped at this time with the information available; however, if necessary, a DBESP can be prepared as an out-of-scope task or contract amendment. Preparation of a DBESP may be required by the City of Menifee in order for the EIR to be considered complete. NOTE: If the assessment determines that suitable habitat is present for riparian/riverine- or vernal pool-associated sensitive species,per the MSHCP, focused surveys will be required. However,this scope does not include focused surveys for such species; if required,these can be conducted as out- of-scope tasks or as a contract amendment. Focused surveys for sensitive vernal pool invertebrates 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail inf❑@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita 9 Agoura Hills•Petaluma 9 Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research were conducted in 2003 by the Chambers Group and were negative; the results of these surveys will be included in the Riparian/Riverine and Vernal Pool Assessment Report, but if new focused surveys are required by the City of Menifee or the RCA, such surveys will be conducted as an out- of-scope task through a qualified subconsultant. Task 5. Prepare Biological Resources Section of EIR The biological resources section of the EIR will be prepared based on the results of Tasks 1 through 4 above, including an environmental setting, regulatory setting, methods, thresholds for significance, impact analysis, and recommended mitigation measures. This task includes preparation of the Administrative Draft, Public Draft, and Final EIR biological resources section, as well as preparation of responses to comments. The Biological Resources and Habitat Assessment (LSA 2006) and Jurisdictional Delineation (Glen Lukos Associates 2005) reports prepared for the project will be reviewed and used in preparing the EIR for the proposed project, assuming that they cover the entire project and are still considered current and valid by the City. Given that a jurisdictional delineation was completed for the Project Site in 2005 by Glenn Lukos Associates, and that regulatory permits have already been applied for through the U.S. Army Corps of Engineers (Corps), CDFG, and the Regional Water Quality Control Board, a new delineation is not deemed necessary for preparation of the EIR.' This will be confirmed upon receipt of the requested permit information. In addition,the EIR section will require an analysis of sensitive plant communities/habitats and wildlife movement corridors. Preparation of the Biological Resources section will also include an evaluation of potential biological resources impacts from project alternatives,a cumulative impacts discussion,and responses to comments on the DEIR. Cultural Resources— Previous environmental documentation prepared for the project site did not identify any historic or archeological resources. CAJA will obtain any previously prepared technical reports for inclusion in the EIR as appropriate. If these reports are not found to be adequate or do not include the extent of the proposed project area, we recommend obtaining a cultural resources specialist to prepare the necessary documentation (to be contracted either through CAJA or the City). According to the County of Riverside General Plan, the project site is located within a "Paleontological High Potential / Sensitivity" area. CAJA will obtain and review the Paleontological Resource Assessment(9-26-05)prepared by LSA Associates to verify whether the report is adequate for use in the EIR. If not, we recommend contracting a cultural resource specialist to prepare the necessary palentological documentation (to be contracted either through CAJA or the project City).All cultural resources reports will be summarized in the EIR. Geology and Soils—As discussed above, CAJA will review the Geotechnical Report prepared for the Countryside Marketplace EIR to ensure it addresses the site's location within an "expanded f Copies of the delineation report and the permit applications or issued permits will be required for inclusion and analysis in the EIR. If regulatory permits have not yet been received from the regulatory agencies, a more recent delineation and/or supplementary information may be required(such as a Rapanos adjacency/connectivity analysis for the Corps); if required, these can be addressed as out-of-scope tasks. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 41 7-4400•Fax 213 488-1012•E-mail info@cajaeir.com.Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes - -_ CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research seismic/geologic hazard area". No portion of the project site is located within a Fault Zone. Assuming the report is adequate for use in the EIR, CAJA anticipates that issues related geology and soils can be scoped out from detailed analysis in the EIR. Hazards and Hazardous Materials— The Phase I ESA prepared for the Countryside Marketplace EIR concludes that there appears to be a low potential for environmental impacts on the property. However, this report does not cover the entire project site and will need to be expanded upon. Assuming no issues related to hazards and hazardous materials are identified in the updated report, CAJA anticipates that issues related to hazards and hazardous materials can be scoped out from detailed analysis in the EIR. Hydrology and Water Quality—This scope of work assumes that a hydrological report and Water Quality Management Plan will be prepared by the applicant team for use in the EIR. Based on these reports, the EIR section will: describe the regional and site-specific hydrologic and storm drainage conditions for the project site and vicinity, including accounts of localized flooding, if any; describe existing surface and groundwater quality conditions at the project site and vicinity based on existing reports; describe existing flooding and stormwater requirements and regulations. The regulatory framework for stormwater quality, including federal, State, and local plans, laws, and regulations, would be summarized, including the C.3 requirements of the Countywide NPDES permit; qualitatively evaluate the potential for stormwater runoff volumes to exceed the capacity of downstream conveyances and result in localized flooding impacts; describe potential degradation of surface water and groundwater quality; and evaluate the project's compliance with the current NPDES stormwater management requirements. Where appropriate, the existing Stormwater Pollution Prevention Plan(3-17-06)prepared by RBF Consulting will be integrated into the EIR. Land Use and Planning — The purpose of the land use and planning section of the EIR is to identify and evaluate potential conflicts between the proposed project and local land use plans, policies and regulations. The Project area consists primarily of vacant and agricultural land. CAJA recommends that the EIR contained a detailed evaluation that contains land use descriptions including existing on-site land uses and surrounding land uses. Changes in land use attributable to the proposed project will be analyzed and the interrelationship of proposed uses with surrounding uses will be addressed. The Land Use and Planning section of the EIR section will also include: 1) a discussion of existing land uses and features of the project site, a description of existing land uses in the vicinity; 2) a discussion and exhibits showing existing General Plan designations and Zoning Ordinance Map districts for the site and vicinity; 3) a discussion of anticipated cumulative development in the vicinity; 4) an evaluation of the proposed project's consistency with relevant plans, policies, and regulations. In accordance with CEQA Guidelines Section 15125(b), the analysis will include applicable general plans and regional plans. The General Plan consistency analysis will be presented in a tabular format. Where appropriate,the evaluation will cross-reference other sections of the EIR, such as Air Quality or Transportation/Traffic; and 5) a discussion of potential impacts 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research relating to policy inconsistency and land use compatibility. Typically, this discussion will cross- reference the analyses of other impacts in the EIR. Ultimately, the project's consistency or inconsistency with General Plan policies is determined by the City of Menifee. Noise— The primary community noise issues associated with this project would be constraints to residential development from noise and vibration related to the potential for a substantial short- term increase in ambient noise levels caused by construction activities and long-term increases in ambient noise levels resulting from project-generated traffic at existing residential areas. A noise monitoring survey will be completed in order to quantify existing ambient noise levels at the project site and surrounding areas. Noise levels will be measured over a continuous 24-hour period at locations adjacent to major noise sources in the area. Up to five (5) long-term measurements are anticipated. Up to five (5) short-term spot measurements will also be made to characterize variations in the noise environment throughout the area. The noise section of the EIR will include background information on noise,a description of the regulatory guidelines established by the City of Menifee and guidelines or standards from other agencies, and a description of the existing noise environment, including the results of the noise monitoring survey. The noise section of the Draft EIR would include an evaluation of the noise and land use compatibility issues associated with the proposed development, an assessment of-long-term project-generated traffic noise on existing sensitive receptors in the area, and an assessment of short-term construction noise impacts. Noise and land use compatibility impacts would be assessed with respect to guidelines set forth in the City's(or County's)General Plan. Traffic noise impacts would be assessed by comparing future noise levels to existing noise levels and using appropriate significance thresholds for determining whether or not noise levels would substantially increase. Similarly, short-term intermittent or periodic increases in noise resulting from construction would be assessed. Mitigation measures would be recommended for noise levels identified as having the potential to create a significant environmental impact. Mitigation measures may include physical controls such as setbacks and noise barriers to control noise and land use compatibility impacts, building sound insulation treatments to achieve acceptable interior noise levels,and physical and administrative controls for construction noise. Population and Housing—CAJA will assess the potential impacts from the project on the location, distribution, density, growth rate, or growth policies of the population and housing planned for the area as set forth in any applicable City plans (e.g., General Plan), regional growth plan, and/or other plans for the area. Existing conditions data, as well as policies and forecasts pertaining to population and housing growth in the City of Menifee and County of Riverside,will be identified. The population,housing, and employment data will be collected from the City's (or County's) Housing Element, the California Department of Finance and the U.S. Census Bureau, and Southern California Association of Governments (SCAG) forecasts for the project area. The consistency of the 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 41 7-4400•Fax 213 488-1012.E-mail info@cajaeir.com•Web Www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes ICHRISTOPHER A. JOSEPH &ASSOCIATES J Environmental Planning and Research population generated with City and regional growth forecasts and policies will be evaluated. Its contribution as a percentage of the City's overall growth allocation by SCAG, the California Department of Finance, and other sources will be calculated. The project's contribution with the City's housing stock and consistency with the City's Housing Element will be evaluated. Any measures to mitigate significant impacts will be developed and confirmed with the project team. CAJA anticipates that issues related to population and housing can be scoped out from detailed analysis in the EIR. Public Services — Implementation of the Project could result in an increased demand for public services. Letters describing the proposed project will be prepared for all public service agencies, including police and fire departments, Perris Union High School District and Menifee Union School District,and Recreation and Parks Department. CAJA will consult with the appropriate agencies and personnel with respect to the project's potential effect upon public schools, parks and recreational facilities, and other governmental services (e.g., police protection and fire protection). In particular, access for fire and other emergency vehicles to all development within the project area will be evaluated in consultation with the Fire Department and other relevant agencies. The results of these consultations and analyses will be presented in the EIR. Traffic and Circulation—LSA Associates will prepare a Traffic Impact Analysis. LSA Asscoates will also prepare a trip generation conversion table for the purposes of analyzing a variety of project alternatives. CAJA will incorporate the Traffic Impact Analysis and incorporate the analysis of the impacts of the project in relation to existing or future traffic and parking conditions for the project site. Based on the information provided in the Traffic Impact Analysis, this section will include a description of existing traffic conditions in the project area, existing parking conditions, existing transit facilities, and a summary of City policies related to traffic congestion and parking. Information provided in the analysis will include project impacts to traffic and intersections in the Project area, parking, and transit in the Project area. The Traffic Impact Analysis will be attached as an appendix to the EIR. Utilities and Service Systems— Letters describing the proposed project will be sent to all utility agencies, including solid waste and wastewater service providers. CAJA will consult with appropriate personnel from the City and other agencies as necessary to determine if the project can be satisfactorily served by existing or proposed water supply and distribution, sanitary sewer, and solid waste collection/disposal systems. A Water Supply Assessment (WSA) will be required pursuant to the State Water Code, Section 10192(a)(4) due to the intensity of development proposed. CAJA will coordinate with the Eastern 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com.Web www.cajaeir.com Los Angeles•Santa Clarita 9 Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research Municipal Water District to conduct a WSA. The results of consultations with City and service providers as well as the Water Supply Assessment will be presented in the Draft EIR. Each of the areas of potential impact will describe the existing conditions, environmental impact after development of the proposed Project, recommended mitigation measures, net unmitigated environmental impact after Project development,and cumulative impact. Environmental Impacts of the Proposed Project. Each of the environmental subject areas identified above will be evaluated to determine impact significance. Under CEQA, a significant impact is defined as a substantial, or potentially substantial, adverse change in the physical environment. The specific criteria or threshold of significance for determining the significance of a particular impact would be identified prior to the impact discussion in each issue section, and would be consistent with the criteria set forth in the State CEQA Guidelines. Mitigation Measures. Where applicable, mitigation measures will be presented in each respective environmental subject area and may fall into one of the following classifications: o Mitigation Measures - required to reduce an identified significant impact to a less-than- significant level. o Non-Required Measures - recommended (but not required) to further enhance environmental conditions within the Project and the surrounding locale, and which can reduce an identified non-significant impact. o Code-Required Measures - required by local, regional, State and/or federal regulations and statutes which must be imposed as conditions of Project approval. Such code-required measures would be listed even though they are not necessarily required to reduce identified impacts. Level of Impact After Mitigation.tom. A clear, concise statement of the level of impact after the inclusion of mitigation measures will be presented. Net impacts will be defined as either "significant" or "less than significant." Cumulative Impacts. The Project's cumulative impacts in conjunction with identified related development/cumulative growth in the Menifee area will be discussed. The discussion will note where mitigation is likely to be required of cumulative projects to reduce cumulative impacts. e) Alternatives to the Proposed Project CAJA will prepare an analysis of alternatives to the proposed Project for inclusion into the EIR. If so desired, the alternatives analysis in the EIR will be crafted both to meet CEQA requirements, and as a means to provide flexibility in terms of both square footage and mix of land uses for the Project. This proposal assumes that a maximum of six alternatives will be analyzed in the EIR (including the No Project Alternative, as required by CEQA). This proposal assumes precise site plans, operational functions, and construction schedules for each alternative will be defined and provided to us by the Project Team architect. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES 66k. Environmental Planning and Research The requirements for these analyses are based on the "rule of reason"as dictated by CEQA, and reflect the needs of each particular project. Specific alternative schemes will be determined upon consultation with the Project Team. It is noted that several recent court cases have been decided in California that can affect the scope of project alternatives in EIRs. The resulting court decisions have made the alternatives analyses in EIRs more vulnerable to legal challenges, and thus changed the standards of adequacy for such analysis. Task 4: Review/Revise Administrative(Screencheck)Draft EIR with the Project Team and the City When the first draft of the EIR is complete, the material will be consolidated into the preliminary Administrative (Screencheck) Draft EIR and Appendices. Copies of the preliminary Screencheck Draft EIR will be submitted to the Project Team and City. Once CAJA receives comments, the Screencheck Draft will be modified and, if necessary, circulated to the Project Team (and City) again for a quick review. As the document and edits will be prepared in close consultation with the City, no more than minor changes would be expected from the second team review. Our experience with projects in the County of Riverside involves a maximum of two drafts of the Screencheck Draft EIR. Again, it is assumed that the first review would include the most edits, with the second draft requiring minor final corrections only. This second draft would be approved by the City for publication as a Draft EIR for public circulation. Task 5: Production and Circulation of the Draft EIR CAJA will print copies of the Draft EIR and its Technical Appendices. CAJA will be responsible for circulating the Draft EIR to the State Clearinghouse, and any necessary copies for agency and public distribution. In addition, CAJA will prepare and circulate the NOC for the Draft EIR. Pursuant to CEQA regulations, the Draft EIR will be circulated to the responsible agencies and the public for a minimum of 45 days. Task 6: Preparation of the Administrative(Screencheck)Final EIR Following the closure of the 45-day public comment period, CAJA will prepare the Screencheck Final EIR. The Final EIR will consist of a summary, corrections, additions, and-responses to comments to the EIR. Each comment received on the Draft EIR will be responded to in the Final EIR. The extent of work necessary to complete the Final EIR is dependent upon the amount and nature of comments that are received after the Draft EIR is circulated. It should be noted that providing a budget estimate for responding to comments is difficult because it is not possible to predict the volume and nature of all the comments at this time. Task 7: Review/Revise Administrative(Screencheck)Final EIR CAJA will make changes to the preliminary Administrative (Screencheck) Final EIR following its review by the Project Team. The Administrative (Screencheck) Final EIR will then be submitted to City staff for review. Once the City approves the Administrative(Screencheck)Final EIR for release as the Final EIR, CAJA will print copies 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles 9 Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes ;_- CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research for circulation to all appropriate agencies and individuals. CAJA will also prepare and assist the City as necessary in circulating the NOD. Task 8: Production/Circulation of the Final EIR CAJA will print copies of the Final EIR and its Technical Appendices. CAJA will be responsible for circulating the Final EIR to any applicable responsible agencies. In addition,CAJA will prepare and circulate the NOC for the Final EIR. Pursuant to CEQA regulations, the responses to government agency comment letters must be provided to each respective agency at least 10 days prior to the Lead Agency's decision on the proposed Project. Task 9: Meetings/Public Hearings Attendance at various public hearings will also be required as a part of the EIR process. CAJA has estimated that a total of six meetings or hearings for all purposes (including team meetings, meetings with City staff, or community meetings) over the course of the EIR process, as otherwise will be required. Additional meetings above this specified amount can be attended as needed on a time-and-materials basis. BUDGET AND SCHEDULE Based on previous experience for similar projects in the County of Riverside, our labor cost and direct costs to complete.the EIR is estimated to be $198,260. Our fee does not include technical sub-consultants hired by the City or the Applicant. LSA Associates will prepare the traffic analysis and Webb Associates will provide hydrological technical information as necessary. LSA Associates and Webb Associates are both contracted directly with the Applicant. Direct costs, such as any technical sub-consultants, document printing and publication, overnight mail, and messenger services will be billed at 100 percent of actual costs. We have estimated our direct costs to be $10,000(included in our overall budget estimate of$198,260). Our anticipated direct costs are an estimate only and are subject to change depending on the City's publication requirements,mailing costs in excess of our assumptions, or other factors affecting direct costs that cannot be known at this time. This estimate of direct costs does not include the California Department of Fish and Game EIR fee that is required following EIR certification. Over the course of the past year, CAJA has incurred costs related to project initiation, preparation of the preliminary Initial Study, weekly team conference calls, in-person meetings with the City of Menifee and project attorneys, review of previously prepared documents, and overall CEQA strategy. These costs will be invoiced separately to Regent Properties and are not included in our budget estimate. Our fees for professional services would be billed on a time-and-materials basis, and would be in accordance with our hourly rate schedule. Our invoices will include a status/progress report letting you know in the event we are nearing our estimated budget, and that it will likely be exceeded in the near future. Invoices will be submitted monthly reflecting work performed during the previous month. Table 1 provides CAJA's proposed schedule for an EIR for discussion purposes. CAJA tentatively anticipates the first Screencheck Draft EIR can be completed and submitted to the Project Team within three months after receipt of all pertinent Project description materials and completion of technical reports to be provided by the City or the 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes 6iiiCHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research Applicant. Our goal would be to have your project finished with the environmental clearance process and ready for the scheduling of public hearings in approximately in nine months. Table 1: Proposed Schedule for EIR Task Sthcd ule Task 1:CEQA Notices/Initial Study/EIR Scoping One Month Task 2:Review/Document Environmental Baseline Two Weeks Task 3:Prepare Screencheck DEIR Two Months Task 4: Screencheck DEIR Revisions One Month Task 5:DEIR Production At the end of 4-6 Months Task 6:Prepare Screencheck FEIR One Month Task 7: Screencheck FEIR Revisions One Month Task 8:FEIR Production At the end of 7-9 Months Task 9:Meetings/Hearings Throughout Should the scope of work increase or change,the City understands that the consultant fee could exceed this amount. Such changes include, but are not limited to,the following: • Additional analysis of impact categories added as a result of comments received from the public, governmental agencies and/or other interested parties. • Additional analysis required as a result of Project modifications. • Changes and/or modifications in State CEQA requirements. • Attendance at public hearings or team meetings beyond that budgeted herein. Thank you for your interest in our proposal for your Project. Please feel free to contact me if you have any questions or require any additional information regarding this proposal. If this proposal is acceptable to you, you may execute the signature line below and return one original to our office. We look forward to working with you on this Project. Sincerely, Christopher A.Joseph&Associates Approved as to Terms: Chris Joseph Signatory warrants that he/she President is authorized to provide binding commitment in this matter 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes CHRISTOPHER A. JOSEPH &ASSOCIATES Environmental Planning and Research FEESCHEDULE (Effective January 1,2008) HOURLY RATES • Principal $220.00/hour • Project Manager $180.00/hour • Senior Environmental Planner $130.00/hour • Environmental Planner $120.00/hour • Associate Environmental Planner $120.00/hour • Assistant Environmental Planner $110.00/hour • Research Assistant $85.00/hour • Internet Research $80.00/hour • Graphics $80.00/hour • Word Processing $80.00/hour DIRECT EXPENSES Direct expenses, including but not limited to those items presented below,will be billed at 100 percent of actual costs: • Purchases of project materials. • Technical subconsultants. • Reproduction,printing and photographic costs. • Postage,messenger and overnight mailing. • Travel,telephone, Internet access and research fees and other miscellaneous costs. 523 W.6th Street,Suite 1134•Los Angeles•CA 90014 Phone 213 417-4400•Fax 213 488-1012•E-mail info@cajaeir.com•Web www.cajaeir.com Los Angeles•Santa Clarita•Agoura Hills•Petaluma•Oakland•Mammoth Lakes