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
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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.
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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,
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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
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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)
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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)
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• 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.
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_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
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CHRISTOPHER A. JOSEPH &ASSOCIATES
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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
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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.
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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)
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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.
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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
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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.
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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
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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
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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
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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.
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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
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;_- 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
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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
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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.
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