I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF INCORPORATION OF “IES HOLDCO, INC.”, FILED IN THIS OFFICE ON THE THIRD DAY OF MARCH, A.D. 2017, AT 4:13 O`CLOCK P.M.
A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE KENT COUNTY RECORDER OF DEEDS.
6323246 8100
SR# 20171583534
Authentication: 202147240
Date: 03-06-17
City of Agoura Hills | Agoura Hills Civic CenterMicrogrid Project 55 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 56 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 57 City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 58 ills Civic Center Mic
Delaware
The First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF “IES HOLDCO, INC.”, CHANGING ITS NAME FROM "IES HOLDCO, INC." TO "SITELOGIQ, INC.",
FILED IN THIS OFFICE ON THE TWENTY-EIGHTH DAY OF SEPTEMBER, A.D. 2018, AT 7:26 O`CLOCK P.M.
A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS.
6323246 8100
SR# 20186902836
Authentication: 203529590
Date: 10-02-18
City of Agoura Hills | Agoura Hills Civic Center Microgrid Project 60 3090 Bristol Street, Suite 400
Costa Mesa, CA 92626
SitelogIQ.com
February 13, 2026
Exhibit F
Federal Requirements
DBIA Document No. 525
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America
EXHIBIT F
FEDERAL REQUIREMENTS
Equal Employment Opportunity
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about,discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.
This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, andorders.
(7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter such litigation to protect the interests of the United States.
The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under thecontract.
The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the City under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
Davis-Bacon Act
Federal Prevailing Wage Requirements - Davis Bacon Act. To the extent this Project is subject to the requirements of the Davis-Bacon Act, Contractor and all subcontractors shall comply with federal prevailing wage requirements under the federal Davis-Bacon Act (40 U.S.C. Sections 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction” )and shall pay the higher of the state and federal wage rates for each labor classification necessary to perform the Project. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
Copeland “Anti-Kickback” Act.
Contractors and subcontractors are prohibited from inducing any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled and suspected or reported violations shall be immediately reported to the Federal awarding agency. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.
Compliance with the Contract Work Hours and Safety Standards Act.
To the extent this contract is subject to the Contract Work Hours and Safety Act, Contractor shall comply with the provisions of 29 C.F.R. § 5.5(b)(1)-(5) which are hereby incorporated by reference herein, and the following.
(1)The contractor or subcontractor must maintain regular payrolls and other basic records during the course of the work and must preserve them for a period of three years after all the work on the prime contract is completed for all laborers and mechanics, including guards and watchpersons, working on the contract. Such records must contain the name; last known address, telephone number, and email address; and social security number of each such worker; each worker’s correct classification(s) of work performed; hourly rates of wages paid; daily and weekly number of hours actually worked; deductions made; and actual wagespaid.
(2) Records to be maintained under this provision must be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, andthe contractor or subcontractor will permit such representatives to interview workers during working hours on the job.
Clean Air Act.
The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.
Suspension and Debarment
This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The contractor must comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.
This certification is a material representation of fact relied upon by City. If it is later determined that the contractor did not comply with 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
Byrd Anti-Lobbying Certification, 31 U.S.C. § 1352.
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on May 27, 2026, at Agoura Hills, California.
Name of Bidder SitelogIQ, Inc.
Signature
Name John Gajan
Title President
Procurement of Recovered Materials
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a)Competitively within a timeframe providing for compliance with the contract performance schedule; b)Meeting contract performance requirements; or
c)At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at Comprehensive Procurement Guideline (CPG) Program | US EPA. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
The Contactor should, to the greatest extent practicable and consistent with the law, purchase, acquire, or use products and services that can be reused, refurbished, or recycled; contain recycled content, are biobased, or are energy and water efficient; and aresustainable.
Prohibition on Contracting for Covered Telecommunications Equipment or Services. (a)Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as definedin FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services, as used in thisclause— (b) Prohibitions.
1)Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L.
No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. 2)Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to
i. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
ii. Enter, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of anysystem;
iii. Enter, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
iv. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions
1)This clause does not prohibit contractors from providing— I .A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. 2)By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment or services that:
a. Are not used as a substantial or essential component of any system;and b. Are not used as critical technology of anysystem
.ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
3)Reporting requirement.
1)In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. 2)The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
i. Within one business day from the date of such identification ornotification:
The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number
(original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment orservices. (d)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments.
Domestic Preference for Procurements.
The Contractor should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to, iron, aluminum, steel, cement, and other manufactured products.
For purposes of this clause:
Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
Build America, Buy America Act (BABAA)
Contractors and their subcontractors who apply or bid for an award for an infrastructure project subject to the domestic preference requirement in the Build America, Buy America Act shall file the required certification to City with each bid or offer for an infrastructure project, unless a domestic preference requirement is waived by FEMA. Contractors and subcontractors certify that no federal financial assistance funding for infrastructure projects will be provided unless all the iron, steel, manufactured projects, and construction materials used in the project are produced in the United States. BABAA, Pub.
L. No. 117-58, §§ 70901-52. Contractors and subcontractors shall also disclose any use of federal financial assistance for infrastructure projects that does not ensure compliance with BABAA domestic preference requirements. Such disclosures shall be forwarded to the recipient who, in turn, will forward the disclosures to FEMA, the federal agency; subrecipients will forward disclosures to the pass-through entity, who will, in turn, forward the disclosures toFEMA..
Required Self-Certification
The undersigned certifies, to the best of their knowledge and belief, that:
The Build America, Buy America Act (BABAA) requires that no federal financial assistance for “infrastructure” projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.
The undersigned certifies that for the Project that the iron, steel, manufactured products, and construction materials used in this contract are in full compliance with the BABAA requirements including:
1. All iron and steel used in the project are produced in the United States.This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
2. All manufactured products purchased with FEMA financial assistance must be produced in the United States. For a manufactured product to be considered produced in the United States, the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law orregulation.
3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the UnitedStates.
The (insert name of contractor or subcontractor), certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the (insert name of contractor or subcontractor) understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.” Signature of (insert name of contractor or subcontractor) Authorized Official Name and Title of (insert name of contractor or subcontractor) Authorized Official Date
Exhibit G
Performance Bond form
DBIA Document No. 525 Page 34
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America
Bond No.
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Agoura Hills (“Public Agency”), has awarded to _
_ (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
_
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
_
_
_
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of _
_ _Do
llars ($_ _), this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by thesepresents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Public Agency, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
_ _
_ _
“Surety”
_ _
_ _
By:
Its
By:
Its
By:
Its By: _
Its
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business inthe State where the project is located.
Exhibit H
Payment Bond (Labor & Materials) form
DBIA Document No. 525 Page 38
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America
Bond No. _
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Agoura Hills (“Public Agency”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the Public Agency to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of
Dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by Public Agency in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment thereinrendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon thisBond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force andeffect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
_ _
_ _
“Surety”
_
_
By: _
Its
By: _
Its
By:
Its
By: _
Its
(Seal) (Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
Exhibit I
Insurance
DBIA Document No. 525 Page 42
Standard Form of Agreement Between Owner and Design-Builder -Lump Sum © 2025 Design-Build Institute of America
Exhibit I
Insurance Requirements
FOR DESIGN PROFESSIONAL:
Prior to commencement of work, Consultant shall procure, provide, and maintain, at Consultant’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broadas:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has noemployees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession.
B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defenseexpenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees orvolunteers.
4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Consultant agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Consultant shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301. Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on filewith the City Clerk.
page 47
FOR CONTRACTOR:
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has noemployees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. SEE B(4)BELOW B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rental vehicles.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defenseexpenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees orvolunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6) Waiver of subrogation. All insurance coverage maintainedor procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of itssubcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause.. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301. Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on filewith the City Clerk.
REPORT TO CITY COUNCIL
DATE: MAY 27, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: ANGELA GEORGEFF, SENIOR PLANNER
SUBJECT:
APPROVE AWARD OF FOUR (4) AGREEMENTS FOR CONTRACTOR SERVICES FOR CONSULTANT AND ON-CALL ENVIRONMENTAL SERVICES TO: 1) DUDEK; 2) ENVICOM CORPORATION; 3) FIRSTCARBON SOLUTIONS; AND, 4) SWCA INCORPORATED
The Community Development Department has development projects that require the preparation of CEQA documentation, such as a Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR), that cannot be prepared by City staff due to time constraints or the complexity of the project services to temporarily augment staff resources to fulfill increased workloads. The City sent out a request for proposals for consultant and staffing services related to Environmental Review and Planning services on February 9, 2026.
On March 20, 2026, the City received bids from potential consultants. A City staff review panel considered the bids by Dudek, Envicom Corporation, FirstCarbon Solutions, and SWCA Incorporated to be most aligned with the City’s needs.
The four (4) contracts with Dudek, Envicom, FirstCarbon Solutions, and SWCA Incorporated will cost no more than $300,000 annually and last for three years (from May 27, 2026, to May 27, 2029) with optional annual extensions until May 27, 2032. The four consultant firms will be on-call and will provide services when needed by the City.
Some large environmental documents, such as an EIR, can cost over $200,000 each which is why a $300,000 annual limit is needed for each consultant. Furthermore, the Planning Division consistently works on several projects concurrently that require environmental review, highlighting the need for multiple consulting firms. Having multiple consulting firms on-call will eliminate the need to spend staff time and resources drafting contracts for each individual development project, and will expedite permit processing timelines.
The City Attorney has reviewed the agreements and approved them as to form.
FISCAL IMPACT
There is no additional fiscal impact to the City Council 2026-27, 2027-28, or 2028-29 adopted Budget as both the cost of the preparation of environmental documents and the cost associated with managing the projects by staff will be paid by project applicants. The duration of the contractual agreement is three years.
RECOMMENDATION
Staff respectfully recommends the City Council approve the Agreements for Contractor Services with Four (4) Consultants; Dudek, Envicom Corporation, FirstCarbon Solutions, and SWCA Incorporated.
Attachments
Dudek Contract (final).docx.pdf
Envicom Contract (final).docx.pdf
FCS Contract (final).docx.pdf
SWCA Contract (final).docx.pdf
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: Dudek
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Kristen Stoner CONTRACTOR'S ADDRESS: 2280 Historic Decatur Road #200
San Diego, CA 92106
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Angela Georgeff
COMMENCEMENT DATE: May 27, 2026
TERMINATION DATE: May 27, 2029
CONSIDERATION: Agreement Price:
Not to Exceed: $300,000 /yr
ADDITIONAL SERVICES (Describe Services, Amount, and Approval):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date: _____________ Amount: $____________ Authorized By: _______________ (Not to Exceed 10% of Agreement Price) City Manager
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND DUDEK
THIS AGREEMENT is made and effective as of May 27, 2026, between the City of Agoura Hills, a municipal corporation ("City") and Dudek ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on May 27, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, at its option, extend this Agreement for one additional term of three (3) years upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Upon mutual agreement, such extension shall be subject to a 5% rate escalation in year 4 and 3% rate escalations in years 5 and 6, which shall be processed by an Amendment to this Agreement and signed by both parties.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full in a manner consistent with the generally accepted professional standard of care. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A subject to reasonable adjustments as may be necessary to comply with such standard of care.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall perform all tasks described herein in accordance with the terms of this agreement and Exhibit A, in a manner reasonably consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed three hundred thousand dollars ($300,000) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed consistent with the standard of care and Exhibit A up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.
C. However, notwithstanding the foregoing and/or anything to the contrary herein, City agrees to provide or to require a party other than Dudek to provide a safe and compliant worksite and working conditions, free from threatening behavior or abuse, while Dudek’s personnel are on the subject jobsite(s). Failure to comply with the above, failure to comply with relevant health and safety obligations, and/or a belief there is a risk to their health or safety affords Dudek, at its choosing, the ability to either a cease work on any project(s)/site(s) until said conditions are remedied or b/ terminate the contract with five (5) calendar days written notice and either option shall be acceptable to City and honored by Client without penalty or breach of contract by Dudek and with payment for services rendered prior to termination or cessation of work taking effect.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”
7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, and subject to payment in full of all undisputed amounts due and owing to Contractor, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City upon such payment and may be used, reused or otherwise disposed of by the City for the purposes intended under this Agreement without the permission of the Contractor. Any reuse, modification, or reliance upon the deliverables or data by the City or third parties for purposes other than those contemplated by this Agreement, without Contractor’s written consent, shall be at the City’s sole risk, and Contractor shall have no liability arising from such unauthorized reuse or modification.
Notwithstanding the foregoing, Contractor retains all right, title, and interest in and to its preexisting intellectual property, proprietary materials, methodologies, know-how, tools, templates, software, and other works developed independently of this Agreement, whether Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 or not incorporated into any deliverable. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, reasonable attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement. Notwithstanding the foregoing, with respect to any professional liability claim or lawsuit, this indemnity does not include providing the primary defense of Indemnitees, provided, however, Consultant shall be responsible for Indemnities’ defense costs to the extent such costs are incurred as a result of Consultant’s negligence, recklessness or willful misconduct.
9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions. 6) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rental vehicles. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Liability Insurance: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 network, or similarly related property and the data,
software, and programs.
d. Costs associated with restoring, updating, or replacing data.
e. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
f. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.
B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Dudek
2280 Historic Decatur Road #200, San Diego,
CA 92106Attention: Kristen Stoner
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.
The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.
23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF AGOURA HILLS
Jeremy Wolf,
Mayor
ATTEST:
Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:
Candice K. Lee,
City Attorney
CONTRACTOR
Dudek
2280 Historic Decatur Road #200
San Diego, CA 92106
Kristen Stoner
(619) 591-1372
[email protected]
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 Helder Guimaraes
CFO
President
Joe Monaco
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
• Prepare all environmental documents and notices in the manner required by CEQA and the CEQA Guidelines, including, but not limited to Initial Studies; Draft NDs, MNDs and EIRs; Final NDs, MNDs, and EIRs; and Notices of Preparation, Intent, and Determination.
• As necessary, prepare any technical studies needed to complete the environmental review (e.g., geotechnical reports, traffic impact reports, oak tree reports, biological assessments and other studies).
• Prepare all notices and file (including fees) with the Los Angeles County Clerk and/or the State Clearinghouse.
• When required, attend all project hearings before the Planning Commission and City Council.
• Peer review of technical reports prepared by other consultants, including, but not limited to: oak tree reports, air quality studies, cultural resources surveys, biological assessments, geotechnical reports, traffic impact reports, visual impact analyses, noise studies, and hydrological studies. • Work under the supervision of the Planning Division during the completion of the environmental work.
• Provide planning related services on an as-needed basis, including but not limited to review of projects for technical completeness and zoning code conformance, preparation of notices and correspondence with project applicants.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0 Additional Charges
▪ Expert Witness: Court appearances, depositions, and interrogatories as expert witness will be billed at
2.00 times normal rates.
▪ Emergency and Holidays: Minimum charge of two hours will be billed at 1.75 times the normal rate. ▪ Material and Outside Services: Subcontractors, rental of special equipment, special reproductions and blueprinting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost. ▪ Travel Expenses: Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost.
▪ Invoices, Late Charges: All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent if not paid within 30 days from the date of the invoice. Client agrees to pay interest at a 10% annual rate for amounts unpaid greater than 30 days after the date of the invoice. ▪ Prevailing Wage: The rates listed above assume prevailing wage rates do not apply. If this assumption is incorrect, Dudek reserves the right to adjust its rates accordingly.
Docusign Envelope ID: 0934400B-FF96-80B2-8316-45B7A858BEC0
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: Envicom Corporation
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Travis Cullen CONTRACTOR'S ADDRESS: 4165 E. Thousand Oaks
Boulevard, Suite 290
Westlake Village, CA 91362
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Angela Georgeff
COMMENCEMENT DATE: May 27, 2026
TERMINATION DATE: May 27, 2029
CONSIDERATION: Agreement Price:
Not to Exceed: $300,000 /yr
ADDITIONAL SERVICES (Describe Services, Amount, and Approval):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date: _____________ Amount: $____________ Authorized By: _______________ (Not to Exceed 10% of Agreement Price) City Manager
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND ENVICOM
CORPORATION
THIS AGREEMENT is made and effective as of May 27, 2026, between the City of Agoura Hills, a municipal corporation ("City") and Envicom Corporation ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on May 27, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, at its option, extend this Agreement for one additional term of three (3) years upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Upon mutual agreement, such extension shall be subject to a 5% rate escalation in year 4 and 3% rate escalations in years 5 and 6, which shall be processed by an Amendment to this Agreement and signed by both parties.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall perform all tasks described herein in accordance with the terms of this agreement and Exhibit A, in a manner reasonably consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed three hundred thousand dollars ($300,000) (“Agreement Price”) for the initial Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 Term of the Agreement unless additional payment is approved as provided in this Agreement.
The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed consistent with the standard of care and Exhibit A up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.
C. However, notwithstanding the foregoing and/or anything to the contrary herein, City agrees to provide or to require a party other than Envicom to provide a safe and compliant worksite and working conditions, free from threatening behavior or abuse, while Envicom’s personnel are on the subject jobsite(s). Failure to comply with the above, failure to comply with relevant health and safety obligations, and/or a belief there is a risk to their health or safety affords Envicom, at its choosing, the ability to either a cease work on any project(s)/site(s) until said conditions are remedied or b/ terminate the contract with five (5) calendar days written notice and either option shall be acceptable to City and Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 honored by Client without penalty or breach of contract by Envicom and with payment for services rendered prior to termination or cessation of work taking effect.
6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”
7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, and subject to payment in full of all undisputed amounts due and owing to Contractor, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City upon such payment and may be used, reused or otherwise disposed of by the City for the purposes intended under this Agreement without the permission of the Contractor. Any reuse, modification, or reliance upon the deliverables or data by the City or third parties for purposes other than those contemplated by this Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 Agreement, without Contractor’s written consent, shall be at the City’s sole risk, and Contractor shall have no liability arising from such unauthorized reuse or modification.
Notwithstanding the foregoing, Contractor retains all right, title, and interest in and to its preexisting intellectual property, proprietary materials, methodologies, know-how, tools, templates, software, and other works developed independently of this Agreement, whether or not incorporated into any deliverable. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any negligent acts, willful misconduct or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, reasonable attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees. With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for reasonable legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.
9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions. 6) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rental vehicles. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Liability Insurance: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
network, or similarly related property and the data,
software, and programs.
d. Costs associated with restoring, updating, or replacing data.
e. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
f. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.
B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: Envicom Corporation
4165 E. Thousand Oaks Blvd., Ste. 290
Attention: Travis Cullen
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2
19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.
The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.
23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF AGOURA HILLS
Jeremy Wolf,
Mayor
ATTEST:
Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:
Candice K. Lee,
City Attorney
CONTRACTOR
Envicom Corporation
4165 E. Thousand Oaks Blvd., Ste. 290
Travis Cullen
(818) 879-4700
TCullen@envicomcorporationcom
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 Primo Tapia
Vice President
Travis Cullen
President
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
• Prepare all environmental documents and notices in the manner required by CEQA and the CEQA Guidelines, including, but not limited to Initial Studies; Draft NDs, MNDs and EIRs; Final NDs, MNDs, and EIRs; and Notices of Preparation, Intent, and Determination.
• As necessary, prepare any technical studies needed to complete the environmental review (e.g., geotechnical reports, traffic impact reports, oak tree reports, biological assessments and other studies).
• Prepare all notices and file (including fees) with the Los Angeles County Clerk and/or the State Clearinghouse.
• When required, attend all project hearings before the Planning Commission and City Council.
• Peer review of technical reports prepared by other consultants, including, but not limited to: oak tree reports, air quality studies, cultural resources surveys, biological assessments, geotechnical reports, traffic impact reports, visual impact analyses, noise studies, and hydrological studies. • Work under the supervision of the Planning Division during the completion of the environmental work.
• Provide planning related services on an as-needed basis, including but not limited to review of projects for technical completeness and zoning code conformance, preparation of notices and correspondence with project applicants.
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2 Attachment D
2026 RFQ/RFP Environmental Services
Docusign Envelope ID: 082E94C7-60AD-8115-8251-49C7D5CA04A2
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: FCS International, Inc. doing
business as FirstCarbon Solutions
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Jason Brandman CONTRACTOR'S ADDRESS: 250 Commerce, Suite 210
Irvine, CA 92602
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Angela Georgeff
COMMENCEMENT DATE: May 27, 2026
TERMINATION DATE: May 27, 2029
CONSIDERATION: Agreement Price:
Not to Exceed: $300,000 /yr
ADDITIONAL SERVICES (Describe Services, Amount, and Approval):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date: _____________ Amount: $____________ Authorized By: _______________ (Not to Exceed 10% of Agreement Price) City Manager
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND FCS INTERNATIONAL
INC, DBA FIRSTCARBON SOLUTIONS
THIS AGREEMENT is made and effective as of May 27, 2026, between the City of Agoura Hills, a municipal corporation ("City") and FCS INTERNATIONAL, INC, DBA FirstCarbon Solutions ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on May 27, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, at its option, extend this Agreement for one additional term of three (3) years upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Upon mutual agreement, such extension shall be subject to a 5% rate escalation in year 4 and 3% rate escalations in years 5 and 6, which shall be processed by an Amendment to this Agreement and signed by both parties.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full in a manner consistent with the generally accepted professional standard of care. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A subject to reasonable adjustments as may be necessary to comply with such standard of care.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall perform all tasks described herein in accordance with the terms of this agreement and Exhibit A, in a manner reasonably consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed three hundred thousand dollars ($300,000) (“Agreement Price”) for the initial Term of the Agreement unless additional payment is approved as provided in this Agreement.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed consistent with the standard of care and Exhibit A up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.
C. However, notwithstanding the foregoing and/or anything to the contrary herein, City agrees to provide or to require a party other than FCS to provide a safe and compliant worksite and working conditions, free from threatening behavior or abuse, while FCS’s personnel are on the subject jobsite(s). Failure to comply with the above, failure to comply with relevant health and safety obligations, and/or a belief there is a risk to their health or safety affords FCS, at its choosing, the ability to either a cease work on any project(s)/site(s) until said conditions are remedied or b/ terminate the contract with five (5) calendar days written notice and either option shall be acceptable to City and honored by Client without penalty or breach of contract by FCS and with payment for services rendered prior to termination or cessation of work taking effect.
6. DEFAULT OF CONTRACTOR
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”
7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, and subject to payment in full of all undisputed amounts due and owing to Contractor, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City upon such payment and may be used, reused or otherwise disposed of by the City for the purposes intended under this Agreement without the permission of the Contractor. Any reuse, modification, or reliance upon the deliverables or data by the City or third parties for purposes other than those contemplated by this Agreement, without Contractor’s written consent, shall be at the City’s sole risk, and Contractor shall have no liability arising from such unauthorized reuse or modification.
Notwithstanding the foregoing, Contractor retains all right, title, and interest in and to its preexisting intellectual property, proprietary materials, methodologies, know-how, tools, templates, software, and other works developed independently of this Agreement, whether or not incorporated into any deliverable. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.
9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions. 6) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rental vehicles. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Liability Insurance: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
network, or similarly related property and the data,
software, and programs.
d. Costs associated with restoring, updating, or replacing data.
e. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
f. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.
B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: FCS INTERNATIONAL, INC DBA FirstCarbon
Solutions
250 Commerce, Suite 210
Irvine, CA 92602
Attention: Jason Brandman
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be payment Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0
21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.
The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.
23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF AGOURA HILLS
Jeremy Wolf,
Mayor
ATTEST:
Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:
Candice K. Lee,
City Attorney
CONTRACTOR
FCS INTERNATIONAL, INC DBA
FirstCarbon Solutions
250 Commerce, Suite 210
Irvine, CA 92602
Jason Brandman
(925) 200-1656
[email protected]
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0 Vice President
Jason Brandman
Patrick Schultz
COO
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
• Prepare all environmental documents and notices in the manner required by CEQA and the CEQA Guidelines, including, but not limited to Initial Studies; Draft NDs, MNDs and EIRs; Final NDs, MNDs, and EIRs; and Notices of Preparation, Intent, and Determination.
• As necessary, prepare any technical studies needed to complete the environmental review (e.g., geotechnical reports, traffic impact reports, oak tree reports, biological assessments and other studies).
• Prepare all notices and file (including fees) with the Los Angeles County Clerk and/or the State Clearinghouse.
• When required, attend all project hearings before the Planning Commission and City Council.
• Peer review of technical reports prepared by other consultants, including, but not limited to: oak tree reports, air quality studies, cultural resources surveys, biological assessments, geotechnical reports, traffic impact reports, visual impact analyses, noise studies, and hydrological studies. • Work under the supervision of the Planning Division during the completion of the environmental work.
• Provide planning related services on an as-needed basis, including but not limited to review of projects for technical completeness and zoning code conformance, preparation of notices and correspondence with project applicants.
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 8E145DF1-6D58-862B-83B0-AFF82B85F5C0
AGREEMENT FOR CONTRACTOR SERVICES
WITH THE CITY OF AGOURA HILLS
NAME OF CONTRACTOR: SWCA, Incorporated
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Attn: Heather Gibson CONTRACTOR'S ADDRESS: 320 N Halstead Street, Suite 120
Pasadena, CA 91107
CITY’S ADDRESS: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, CA 91301
Attn: City Manager
PREPARED BY: Angela Georgeff
COMMENCEMENT DATE: May 27, 2026
TERMINATION DATE: May 27, 2029
CONSIDERATION: Agreement Price:
Not to Exceed: $300,000 /yr
ADDITIONAL SERVICES (Describe Services, Amount, and Approval):
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Date: _____________ Amount: $____________ Authorized By: _______________ (Not to Exceed 10% of Agreement Price) City Manager
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
AGREEMENT FOR CONTRACTOR SERVICES BETWEEN
THE CITY OF AGOURA HILLS AND SWCA,
INCORPORATED
THIS AGREEMENT is made and effective as of May 27, 2026, between the City of Agoura Hills, a municipal corporation ("City") and SWCA Incorporated ("Contractor").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on May 27, 2026, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 27, 2029, unless sooner terminated pursuant to the provisions of this Agreement.
The City may, at its option, extend this Agreement for one additional term of three (3) years upon providing written notice of its intent to extend this Agreement to the Contractor not less than thirty (30) days prior to the expiration of the initial Term. Upon mutual agreement, such extension shall be subject to a 5% rate escalation in year 4 and 3% rate escalations in years 5 and 6, which shall be processed by an Amendment to this Agreement and signed by both parties.
2. SERVICES
Contractor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full in a manner consistent with the generally accepted professional standard of care. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A subject to reasonable adjustments as may be necessary to comply with such standard of care.
3. PERFORMANCE
In meeting its obligations under this Agreement, Contractor shall perform all tasks described herein in accordance with the terms of this agreement and Exhibit A, in a manner reasonably consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions.
4. PAYMENT
A. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed three hundred thousand dollars ($300,000) (“Agreement Price”) for the initial Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 Term of the Agreement unless additional payment is approved as provided in this Agreement.
The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council.
B. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
C. Contractor shall submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed consistent with the standard of care and Exhibit A up to the time of termination. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section entitled “PAYMENT” herein.
C. However, notwithstanding the foregoing and/or anything to the contrary herein, City agrees to provide or to require a party other than SWCA to provide a safe and compliant worksite and working conditions, free from threatening behavior or abuse, while SWCA’s personnel are on the subject jobsite(s). Failure to comply with the above, failure to comply with relevant health and safety obligations, and/or a belief there is a risk to their health or safety affords SWCA, at its choosing, the ability to either a cease work on any project(s)/site(s) until said conditions are remedied or b/ terminate the contract with five (5) calendar days written notice and either option shall be acceptable to City and honored by Client without penalty or breach of contract by SWCA and with payment for services rendered prior to termination or cessation of work taking effect.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
6. DEFAULT OF CONTRACTOR
A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.”
7. OWNERSHIP OF DOCUMENTS
A. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts therefrom as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
B. Upon completion of, or in the event of termination or suspension of this Agreement, and subject to payment in full of all undisputed amounts due and owing to Contractor, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City upon such payment and may be used, reused or otherwise disposed of by the City for the purposes intended under this Agreement without the permission of the Contractor. Any reuse, modification, or reliance upon the deliverables or data by the City or third parties for purposes other than those contemplated by this Agreement, without Contractor’s written consent, shall be at the City’s sole risk, and Contractor shall have no liability arising from such unauthorized reuse or modification.
Notwithstanding the foregoing, Contractor retains all right, title, and interest in and to its preexisting intellectual property, proprietary materials, methodologies, know-how, tools, Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 templates, software, and other works developed independently of this Agreement, whether or not incorporated into any deliverable. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
8. INDEMNIFICATION
Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers (collectively “Indemnitees”) free and harmless from any and all claims, demands, causes of action, proceedings, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death (collectively “Claims”), in any manner arising out of or incident to any acts or omissions of Contractor, its officials, officers, employees, agents or subcontractors in connection with the performance of this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees, and other related costs and expenses, except for such Claims arising out of the sole negligence or willful misconduct of the Indemnitees.
With respect to any and all such Claims, Contractor shall defend Indemnitees at Contractor’s own cost, expense, and risk and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. All duties of Contractor under this Section shall survive termination of this Agreement.
9. INSURANCE REQUIREMENTS
Prior to commencement of work, Contractor shall procure, provide, and maintain, at Contractor’s own expense, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88, or equivalent.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92, or equivalent, covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. 4) Cyber Security and Privacy Liability shall be written on a policy form providing cyber security and privacy liability.
5) Cyber Technology Errors and Omissions shall be written on a policy providing cyber technology errors and omissions. 6) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession.
B. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rental vehicles. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Cyber Liability Insurance: Contractor shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information;
including, but not limited to personally identifiable
information (PII), protected health information (PHI),
security codes, access codes, passwords, etc.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems,
including hacker or denial of service attacks.
c. Liability arising from introducing a computer virus into or otherwise causing damage to vendor’s (first-party) or
customer’s (third party) computer, computer system,
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 network, or similarly related property and the data,
software, and programs.
d. Costs associated with restoring, updating, or replacing data.
e. Costs associated with a privacy breach, including
notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolutions services for affected individuals.
f. If coverage is maintained on a claims-made basis,
Contractor shall maintain such coverage for an additional three (3) years following termination of the contract.
5) Professional Liability coverage: One million ($1,000,000) per claim and in aggregate.
C. Deductibles and Self-Insured Retentions. Any deductibles or selfinsured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
D. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Vendor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.
E. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers are to be covered and named as additional insureds in respect to: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. Contractor agrees to oblige its insurance agent or broker and insurers to provide City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. 6) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Self insurance shall not be considered to comply with these insurance requirements.
G. Verification of Coverage. Contractor shall furnish the City with original endorsements, specifically naming the City of Agoura Hills, its officers, officials, employees and volunteers as additional insured, effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms acceptable to the City. Insurance certificates and endorsements must be received and approved by City’s Risk Manager prior to commencement of performance. Current insurance certificates and endorsements shall be kept on file with the City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
H. Mailing Instructions. Insurance documents shall be mailed with the signed Agreement to the attention of the staff person indicated on the cover sheet of this Agreement, to the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 Executed Agreement(s) cannot be released nor may any work commence on a project until the signed Agreement and appropriate insurance documents are on file with the City Clerk.
10. INDEPENDENT CONTRACTOR
A. Contractor is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services and tasks under this Agreement on behalf of Contractor shall not be City employees and shall at all times be under Contractor's exclusive direction and control. Contractor and all of Contractor’s personnel shall possess the qualifications, permits, and licenses required by state and local law to perform the services and tasks under this Agreement, including, without limitation, a City business license as required by the Agoura Hills Municipal Code. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services and tasks. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and tasks, and compliance with the customary professional standards. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents.
B. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as a City employee; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services and tasks under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services and tasks required by this Agreement. Contractor shall perform all services and tasks off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of any services and tasks under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services and tasks. City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about, or to check on, the status of projects pertaining to the services and tasks performed under this Agreement. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
C. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services and tasks hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services and tasks hereunder. Contractor shall be responsible for and pay all salaries, wages, benefits and other amounts due to Contractor’s personnel in connection with their performance of Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 the services and tasks under this Agreement, and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute, or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services and tasks under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit, or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as a City employee, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
D. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices, or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
11. PERS COMPLIANCE AND INDEMNIFICATION
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services and tasks under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
12. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all applicable local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. RELEASE OF INFORMATION
A. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
B. Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
14. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 To City: City of Agoura Hills
30001 Ladyface Court
Agoura Hills, California 91301
Attention: City Manager
To Contractor: SWCA, Incorporated
320 N Halstead Street, Suite 120
Pasadena, CA 9107
Attention: Heather Gibson
15. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor.
16. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
17. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Agoura Hills. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
18.PROHIBITED INTEREST
No officer, or employee of the City of Agoura Hills shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor’s subcontractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Agoura Hills has any interest, whether contractual, noncontractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor’s subcontractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
19. EXHIBITS
Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
21. AMENDMENT OF AGREEMENT
This Agreement may be amended only by a writing signed by both parties.
The City Manager is authorized to sign an Amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time that do not result in monetary changes; (c) non-monetary changes in the scope of work; and (d) termination of the Agreement. All monetary changes to this Agreement require City Council approval.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. In lieu of a handwritten or wet signature from the Contractor, the City may electronically process and execute this Agreement and request that the Contractor sign the Agreement electronically via DocuSign or similar electronic signature software.
23. COUNTERPARTS
This Agreement may be executed in counterparts, all such executed counterparts shall constitute the same Agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF AGOURA HILLS
Jeremy Wolf,
Mayor
ATTEST:
Kimberly M. Rodrigues, MMC
City Clerk
Date Approved by City Council: _______________
APPROVED AS TO FORM:
Candice K. Lee,
City Attorney
CONTRACTOR
SWCA, Incorporated
320 N Halstead Street, Suite 120
Heather Gibson
(626) 489-3542
[email protected]
By:
Name:
Title:
By:
Name:
Title:
[Signatures of Two Corporate Officers Required]
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 Joseph Fluder
Chief Executive Officer / President
Norma Crumbley
Chief Delivery Officer
EXHIBIT A
TASKS TO BE PERFORMED
The specific elements (scope of work) of this service include:
• Prepare all environmental documents and notices in the manner required by CEQA and the CEQA Guidelines, including, but not limited to Initial Studies; Draft NDs, MNDs and EIRs; Final NDs, MNDs, and EIRs; and Notices of Preparation, Intent, and Determination.
• As necessary, prepare any technical studies needed to complete the environmental review (e.g., geotechnical reports, traffic impact reports, oak tree reports, biological assessments and other studies).
• Prepare all notices and file (including fees) with the Los Angeles County Clerk and/or the State Clearinghouse.
• When required, attend all project hearings before the Planning Commission and City Council.
• Peer review of technical reports prepared by other consultants, including, but not limited to: oak tree reports, air quality studies, cultural resources surveys, biological assessments, geotechnical reports, traffic impact reports, visual impact analyses, noise studies, and hydrological studies. • Work under the supervision of the Planning Division during the completion of the environmental work.
• Provide planning related services on an as-needed basis, including but not limited to review of projects for technical completeness and zoning code conformance, preparation of notices and correspondence with project applicants.
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21 Docusign Envelope ID: 85040956-9771-8C32-80E4-7ABDC0373E21
REPORT TO CITY COUNCIL
DATE: MAY 27, 2026
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY:
CHARMAINE YAMBAO, DIRECTOR OF PUBLIC WORKS / CITY ENGINEER
ERIC WANG, ASSOCIATE PLANNER
SUBJECT:
CONDUCT A PUBLIC HEARING TO CONSIDER ADOPTING: 1) A RESOLUTION CERTIFYING AND ADOPTING THE FINAL PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT (SCH NO. 2025010338) FOR THE BICYCLE MASTER PLAN, VEHICLE MILES TRAVELED MITIGATION EXCHANGE AND BANKING PROGRAM, AND GENERAL PLAN AMENDMENTS (CASE NO. PZ-2026- 61-GPA), AND ADOPTING THE FINDINGS OF FACT, THE STATEMENT OF OVERRIDING CONSIDERATIONS, AND THE MITIGATION MONITORING AND REPORTING PROGRAM; 2) A RESOLUTION ADOPTING THE BICYCLE MASTER PLAN; AND 3) A RESOLUTION ADOPTING A GENERAL PLAN AMENDMENT, AMENDING CHAPTER 3: INFRASTRUCTURE AND COMMUNITY
SERVICES, WITH TEXTUAL REVISIONS TO REFERENCE AND MAINTAIN CONSISTENCY WITH THE BICYCLE MASTER PLAN, AND TO REVISE GENERAL PLAN BIKEWAYS EXHIBIT (FIGURE M-7) TO
PROVIDE AN UPDATED OVERVIEW OF THE BICYCLE NETWORK WITHIN THE CITY The item before the City Council this evening is comprised of multiple actions including: 1) Certification and adoption of a final programmatic environmental impact report (Final PEIR); 2) adoption of the Bicycle Master Plan (BMP); and 3) textual and graphical revisions Chapter 3: Infrastructure and Community Services of the General Plan to maintain consistency with the BMP and to provide an updated overview of the City's existing and planned bicycle network.
In June 2020, the City Council adopted VMT as an evaluation metric for environmental impact analysis under the California Environmental Quality Act (CEQA) pursuant to Senate Bill 743. When a development project that exceeds set VMT thresholds of significance is identified, mitigation strategies can be implemented that allow for quantifiable VMT reduction. Bicycle infrastructure strategies are included as part of the City's Transportation Demand Mitigation program that a developer can choose to implement to reduce VMT. The new VMT standards took effect July 2020.
In the fall of 2021, the City began developing the draft BMP to build upon the City's existing bicycle routes and bicycle lanes, developing a citywide network that ensures residents have access to safe bicycle facilities, meets both commuter and recreations needs, provides connectivity to regional bicycle facilities, and provides standard design details for typical bicycle facility types and treatments. The development of the BMP has been an ongoing process with community engagement being integral to the success of the plan. The community engagement strategies utilized for the plan included an online survey, project space on the City's website, two community workshops with activities, online engagement tools (Strava), social media announcements, and stakeholder outreach with Los Angeles County Sheriff, Las Virgenes Unified School District, Community Services, local city and county partners, and local homeowner associations.
In August 2022, a draft of the BMP was released to the public for review and input. On September 28, 2022, a draft of the BMP was presented to City Council for feedback. The final draft BMP was released in August 2025. The final draft BMP proposes a vision of a diverse network of interconnected bicycle corridors and support facilities that aim to link local and regional destinations and make biking more practical and desirable for a broader range of people.
The BMP proposes 30.1 miles of new bikeways and bikeway improvements to build upon the City's existing 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes.
On May 7, 2026, at a duly noticed public hearing, the Planning Commission voted 4 to 0 to adopt Resolution 26- 1320, recommending the City Council to: 1) certify and adopt the Final PEIR for the BMP, VMT Mitigation Exchange and Banking Program, and adopt the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; 2) adopt the BMP; and 3) adopt a general plan amendment to amend Chapter 3 of the General Plan with textual revisions to reference and maintain consistency with the BMP, and to revise the General Plan Figure M-7 to provide an updated overview of the bicycle network within the City.
The purpose of the BMP is to provide safer streets for City residents who are dependent on bicycling for everyday transportation. The BMP provides recommended actions that are meant to support and increase bicycling in the City, to enhance non-motorized travel infrastructure, and to create options to support the existing and future population.
The BMP was developed to be consistent with regional, citywide, and neighborhood-specific plans, and proposes new bicycle facility projects to enhance the safety and connectivity of existing bicycle infrastructure. Proposed bicycle facilities included within the BMP are categorized in to classes defined by the California Department of Transportation (Caltrans) as the following:
Class I Bicycle Path. Class I facilities are used to serve corridors not served by streets and highways or where wide right-of-way exists, permitting such facilities to be constructed away from the influence of parallel streets. Bicycle paths offer opportunities not provided by the road system. They can either provide a recreational opportunity, or in some instances, can serve as direct commute routes if cross flow by motor vehicles and pedestrian conflicts can be minimized.
Class II Bike Lane. Class II facilities are established along streets in corridors where there is significant bicycle demand, and where there are distinct needs that can be served by them. Bicycle lanes are intended to delineate the right-of-way assigned to bicyclists and motorists and to provide for more predictable movements by each.
Class III Bicycle Route. Class II routes are shared facilities which serve either to provided continuity to other bicycle facilities (usually Class II bicycle lanes) or to designate preferred routes through high demand corridors. Normally, bicycle routes are shared with motor vehicles.
Class IV Separated Bicycle Lane. A separated bicycle lane is a bikeway for the exclusive use of bicycles and includes a separation required between the separated bikeway and the through vehicular traffic. The separation may include, but is not limited to, grade separation, flexible posts, inflexible posts, inflexible barriers, or on-street parking.
The development of a VMT Mitigation Exchange and Banking Program would include the identified bicycle improvement projects in the BMP and other potential VMT banking projects. Through the VMT Banking Program, developers would be able to purchase VMT reduction credits, and the fees applied to the construction of improvement projects, such as those identified in the Bicycle Master Plan.
The BMP proposes new bicycle facility projects, and therefore, the City must amend its existing General Plan to ensure consistency with the proposed BMP. These amendments would primarily shift the focus from prioritizing automobile mobility to VMT reduction through alternative transportation modes, like walking and biking, as guided by the BMP. Pursuant to Agoura Hills Municipal Code (AHMC) § 9821.4 (Changes to plan approved by commission), the City Council must amend the General Plan by adopting a resolution.
The Project proposes a general plan amendment modifying language in Chapter 3 and the General Plan Bikeways Exhibit (Figure M-7) to ensure consistency between the proposed BMP and General Plan. If the BMP is adopted, the proposed amendment would be consistent with all other elements of the General Plan, including the Housing Element, Community Conservation and Development Element, and the Community Safety Element as summarized below. While the Project would potentially result in significant and unavoidable impact to cultural and recreational resources, as explained below, the benefits of adopting the BMP outweigh these potential effects. By adopting the BMP, the City would meet its objectives, including providing a mechanism for VMT mitigation.
Housing Element. The amendment furthers Housing Program Number 8 by implementing measures identified in the City's Climate Action Adaptation Plan (CAAP) and Goal 7 (Decrease GHG Emissions by Reducing Vehicle Miles Traveled) by implementing the BMP, which will increase alternative trip types thereby decreasing VMT and greenhouse gas emissions throughout the City.
Community Conservation and Development. The amendment is consistent with Goals LU-1, -4, -18, -26, -27, and -30 as updates to Chapter 3 ensures consistency between the General Plan and the BMP which provides consistent planning for future Public Right-of-Way improvements, ensuring that the roadway network continues to support the vision of the General Plan and BMP. The update would promote the development of complete bicycle connections that provide residents with access to other uses including the citywide network of open spaces while reducing automobile dependence. The update would also ensure that streetscape improvements are implemented, and adequate public community-supportive facilities are located throughout the City, specifically bicycle support facilities.
Community Safety. The amendment is consistent with Goals S-3, -1, and NR-10 as it would ensure that future development and the roadway network throughout the City promotes a cohesive vision to provide for efficient bicycle and vehicle circulation. Maintaining efficient bicycle and vehicle circulation helps reduce potential future residents in the City limit their VMT by reducing automobile dependence. Maintaining a high-quality bicycle route and road network would also continue to ensure safer access for emergency vehicles by reducing the average number of vehicles on a roadway at a given time.
For the reasons outlined above, the proposed General Plan Amendment is consistent with all other elements of the General Plan, and ensures that Chapter 3 is consistent the BMP. Therefore, staff recommends that the City Council adopt the Draft Resolution for the proposed General Plan Amendment based on the findings set forth therein (Attached).
ENVIRONMENTAL REVIEW
A PEIR was prepared for the Project. At the duly noticed Public Hearing on May 7, 2026, the Planning Commission adopted Resolution 26-1320, which recommended the City Council adopt and certify the FPEIR and adopt the Findings of Fact and Statement of Overriding Considerations and the Mitigation Monitoring and Reporting Program.
A Programmatic EIR is prepared when the analyzed Project encompasses a series of actions that can be characterized as one large project. The Project includes the BMP document and its multiple planned bicycle improvements, such as new bikepaths, that would be designed and constructed in a series of future actions. These planned improvements are not finalized and are currently conceptual in design. A Programmatic EIR provides a high-level analysis of potential impacts associated with implementing the overall Project and does not authorize construction of any individual project. Therefore, a PEIR is warranted to capture the Project in its whole, pursuant to State CEQA Guidelines § 15168(a). Since the analysis is based off of conceptually feasible designs which may not fully represent the final design of these planned improvements, future projects undertaken by the City that the PEIR identifies as potentially resulting in a significant environmental impact will require further individual environmental analysis under CEQA.
As noted above, the Final PEIR identifies potentially significant environmental effects that could result from the Project but would be reduced to a less than significant level through implementation of mitigation measures. It also identified significant and unavoidable impacts associated with cultural resources (impacts related to historical structures and archaeological resources) and recreation (due to construction or expansion of recreational facilities that could cause significant environmental effects) because mitigation measures would not reduce potential impacts to a less than significant level. Consequently, the City has prepared a Statement of Overriding Considerations and found that the benefits of the Project outweigh the potentially unavoidable environmental effects. The adoption of the Project would fulfill City objectives to increase transportation choices, improve accessibility and safety, and enhance sustainability and public health, improve community character, and provide a mechanism for VMT mitigation. Although the Project encompasses the Bike Master Plan, improvements based on the plan (most notably the planned bikepaths) will require further individual project-level environmental review under CEQA once the individual segmenst have definitive designs.
FISCAL IMPACT
The Project is included in the adopted FY 2025-26 & FY 2026-27 Biennial City Budget, and there is no additional fiscal impact associated with the Project.
RECOMMENDATION
Staff respectfully recommends the City Council adopt: 1) Resolution No. 26-2130; A Resolution of the City Council of the City of Agoura Hills, California certifying and adopting the Final Programmatic Environmental Impact Report (Sch. No. 2025010338) for the Bicycle Master Plan, Vehicle Miles Traveled Mitigation Exchange and Banking Program, and general plan amendments (Case No. PZ-2026-61-GPA), and adopting the Findings of Fact and Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; 2) Resolution No. 26-2131; A Resolution of the City Council of the City Agoura Hills, California adopting the the City of Agoura Hills Bicycle Master Plan; and 3) Resolution No. 26-2132; A Resolution of the City Council of the City of Agoura Hills, California, approving a General Plan Amendment (Case No. PZ-2026-61-GPA), amending Chapter 3: Infrastructure and Community Services, with textual revisions to reference and maintain consistency with the Bicycle Master Plan, and amending the General Plan Bikeways Exhibit (Figure M-7) to provide an updated overview of the bicycle network within the City.
Attachments
1. Resolution 26-2130.pdf
1a. Final PEIR .pdf
1b. Findings of Fact and Statement of Overriding Considerations .pdf
2. Resolution 26-2131.pdf
2a. Bicycle Master Plan.pdf
3. Resolution 26-2132.pdf
3a. Textual changes to General Plan Chapter 3.pdf
3b. Updated Gneeral Plan Bikeways Exhibit.pdf
RESOLUTION NO. 26-2130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA
HILLS, CALIFORNIA CERTIFYING AND ADOPTING THE FINAL
PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT (SCH NO.
2025010338) FOR THE BICYCLE MASTER PLAN, VEHICLE MILES
TRAVELED MITIGATION EXCHANGE AND BANKING PROGRAM, AND
GENERAL PLAN AMENDMENTS (CASE NO. PZ-2026-61-GPA), AND
ADOPTING THE FINDINGS OF FACT, THE STATEMENT OF
OVERRIDING CONSIDERATIONS, AND THE MITIGATION
MONITORING AND REPORTING PROGRAM.
WHEREAS, in June 2020, the City Council adopted Resolution Number 20-1942, updating the transportation thresholds of significance for purposes of analyzing transportation impacts under CEQA , pursuant to State law, including a Transportation Demand Mitigation program that developers can choose to implement to reduce VMT by strategies that include implementing bicycle infrastructure; and WHEREAS, in the Fall of 2021, the City of Agoura Hills began developing the draft Bicycle Master Plan to build upon the City’s existing bicycle routes and bicycle lanes, developing a citywide network that ensures residents have access to safe bicycle facilities, meets both commuter and recreational needs, provides connectivity to regional bicycle facilities, and provides standard design details for typical bicycle facility types and treatments; and
WHEREAS, in August 2025, the final draft Bicycle Master Plan was released. The Bicycle Master Plan proposes a vision of a diverse network of interconnected bicycle corridors and support facilities that aim to link local and regional destinations and make biking more practical and desirable for a broader range of people. The Bicycle Master Plan proposes 30.1 miles of new bikeways and bikeway improvements to build upon the City’s existing 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes; and WHEREAS, the City Council of the City of Agoura Hills shall review and consider adoption of the Bicycle Master Plan at a duly noticed hearing on May 27, 2026; and WHEREAS, in connection with the adoption of the Bicycle Master Plan and Transportation Demand Mitigation program, the City of Agoura Hills also has initiated legislative actions to update the General Plan 2035 to amend Section A. Mobility (M), of Chapter 3: Infrastructure and Community Services and amend the General Plan Bikeways Exhibit (Figure M-7) to graphically depict an updated overview of the existing and planned bicycle network within the City of Agoura Hills (the Bicycle Master Plan, the VMT Mitigation Exchange and Banking Program, and the General Plan Amendments are collectively referred to as the “Project”); and
WHEREAS, the above noted application requests have been processed in the time and manner prescribed in state and local law, including the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s local CEQA guidelines, and, pursuant to CEQA, the City is the Lead Agency for the Project; and
WHEREAS, in accordance with CEQA, the State CEQA Guidelines, and the City’s local CEQA Guidelines, a Draft Programmatic Environmental Impact Report (“Draft PEIR”) was prepared. The following environmental issue areas were addressed in the Draft PEIR: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire; and WHEREAS, the following issue areas were found to have no potentially significant impact: aesthetics, air quality, agriculture and forestry resources, energy, greenhouse gas emissions, hydrology and water quality, land use planning, population and housing, public services, transportation, tribal cultural resources, utilities and service systems, and wildfire; and
WHEREAS, the following issue areas were found to have potentially significant impacts that can be reduced to a less than significant level with incorporation of mitigation measures identified in the Draft PEIR: biological resources, geology and soils, hazards and hazardous materials, and noise; and
WHEREAS, the following issue areas were found to have potentially significant and unavoidable impacts even with incorporation of mitigation measures identified in the Draft PEIR: cultural resources and recreation; and
WHEREAS, along with the Draft PEIR, a Notice of Availability (NOA) for the Draft PEIR was circulated for public review from November 25, 2025 to January 31, 2026, as required by law. The NOA, with the availability of the Draft PEIR for public review noted, was duly noticed in the local newspaper, and posted at City Hall, the City Recreation Center, and the Agoura Hills Library in accordance with state law, and filed with the Los Angeles County Clerk. A digital copy of the Draft PEIR was also made available on the City’s public website, and offered to be printed, if requested. The Draft PEIR and Notice of Completion (NOC) was circulated to the State Clearinghouse of the State of California’s Office of Land Use and Climate Innovation; and
WHEREAS, the City accepted and responded in writing to comments on the Draft PEIR received during the public review period. Both the comments and the City’s written responses thereto were incorporated in the Final PEIR. Minor revisions to the Draft PEIR were added, but act as a clarification of existing disclosures rather than adding significant new information. The Final PEIR consists, without limitation, of the Draft EIR, comments and responses to comments on the Draft PEIR, revisions to the Draft EIR, and the Mitigation Monitoring and Reporting Program (MMRP). The Final PEIR, which incorporates the MMRP, is attached hereto as Exhibit “A”; and WHEREAS, the Planning Commission held a duly noticed public hearing on May 7, 2026 at which time it received staff reports, public testimony, and other evidence in the record. Upon close of the hearing, the Planning Commission adopted Resolution No. 26- 1320; A Resolution of the Planning Commission of the City of Agoura Hills Recommending City Council of the City of Agoura Hills: 1) Pursuant to the California Environmental Quality Act, certify and adopt the final programmatic environmental impact report for the Bicycle
Master Plan, Vehicle Miles Traveled Mitigation Exchange and Banking Program, and general plan amendments, and adopt the Findings of Fact, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; 2) Adopt the Bicycle Master Plan; and 3) Adopt a general plan amendment (Case No. PZ-2026-61- GPA) to amend Chapter 3: Infrastructure and Community Services, with textual revisions to reference and maintain consistency with the Bicycle Master Plan, and to revise the General Plan Bikeways Exhibit (Figure M-7) to provide an updated overview of the bicycle network within the city; and
WHEREAS, the City Council held a duly noticed public hearing on May 27, 2026 at which it received testimony from staff and members of the public regarding the Project and Final PEIR, and had an opportunity to address the adequacy of the Final PEIR.
NOW, THEREFORE, the City Council of the City of Agoura Hills, California hereby resolves as follows:
Section 1. The Final PEIR was completed in compliance with the provisions of CEQA and the CEQA Guidelines promulgated pursuant thereto, and the City’s local CEQA Guidelines, and is legally adequate. The City Council has exercised its independent judgment and analysis in reviewing and considering the contents of the Final PEIR, prior to deciding whether to approve the application for the Project.
Section 2. The City Council finds, on the basis of the whole record before it, that there is substantial evidence that the Project will have a significant effect on the environment, and that feasible mitigation measures have been incorporated into the Final PEIR that reduce potential impacts to a less than significant level, or to the maximum extent feasible, for the reasons set forth in the Findings of Fact, attached hereto as Section 4 of Exhibit “B” and incorporated herein by reference.
Section 3. The Mitigation Monitoring and Reporting Program, attached as Appendix E to the Final PEIR, is hereby adopted and incorporated herein by reference.
The City Council finds and determines that, pursuant to State CEQA Guidelines Section 15093, the benefits of the Project outweigh any of the significant and unavoidable impacts described in the Final PEIR for the reasons set forth in the Statement of Overriding Considerations, attached hereto as Section 6 of Exhibit “B”, which is hereby adopted and incorporated herein by reference.
Section 4. The City Council adopts the Findings of Fact Regarding the Environmental Effects of Approval of the Bicycle Master Plan pursuant to State CEQA Guidelines Section 15091 and California Public Resources Code Sections 21081, 21081.5, and 21081.6, attached hereto as Exhibit “B”, and incorporated herein by reference.
Section 5. The Planning Division of the City of Agoura Hills is the custodian of records, and the documents and other materials that constitute the record of proceedings upon which this decision is based are located at the City of Agoura Hills, 30001 Ladyface Court, Agoura Hills, CA 91301.
Section 6. Based on the findings set forth above, the City Council hereby certifies the Final PEIR (SCH No. 2025010338) as being in compliance with CEQA, and
adopts the Final PEIR, attached hereto as Exhibit “A” and incorporated herein by reference. The City Council further determines that all of the findings made in this Resolution are based upon information and evidence set forth in the Final PEIR and upon other substantial evidence that has been presented at the hearing, including the Staff Report, before the City Council, and in the record of proceedings.
Section 7. The City Council hereby directs City staff to implement and to monitor the mitigation measures as described in the MMRP.
Section 8. The City Council hereby directs and authorizes staff to file a Notice of Determination as set forth in Public Resources Code Section 21152.
Section 9. The City Clerk shall certify to the adoption of this Resolution and shall cause this Resolution to be entered in the official records of the City.
PASSED, APPROVED, ADOPTED this 27th day of May, 2026, by the following vote to wit:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
________________________________
Jeremy Wolf, Mayor
ATTEST:
_______________________________
Kimberly M. Rodrigues, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Candice K. Lee, City Attorney
Exhibit “A”
Final Programmatic Environmental Impact Report (PEIR)
Agoura Hills Bicycle Master Plan
Final Programmatic Environmental Impact Report
SCH#2025010338
prepared by
City of Agoura Hills
Public Works Department
30001 Ladyface Court
Agoura Hills, California 91301
Contact: Charmaine Yambao, Senior Civil Engineer
prepared with the assistance of
Rincon Consultants, Inc.
250 East 1st Street, Suite 1400
Los Angeles, California 90012
March 2026
Table of Contents
Final Programmatic Environmental Impact Report i
Table of Contents
Acronyms and Abbreviations................................................................................................................vii Executive Summary ...........................................................................................................................ES-1 Lead Agency Contact Person .....................................................................................................ES-1 Project Description ....................................................................................................................ES-1 Project Characteristics...............................................................................................................ES-1 Bicycle Master Plan........................................................................................................ES-1 VMT Mitigation Exchanges and Banking Program.........................................................ES-2 General Plan Amendments............................................................................................ES-2 Project Objectives......................................................................................................................ES-2 Alternatives................................................................................................................................ES-3 Areas of Known Controversy .....................................................................................................ES-4 Issues to be Resolved.................................................................................................................ES-4 Issues Not Studied in Detail in the EIR.......................................................................................ES-4 Summary of Impacts and Mitigation Measures ........................................................................ES-4 1 Introduction................................................................................................................................ 1-1
1.1 PEIR Purpose and Legal Authority................................................................................... 1-1
1.1.1 Streamlining Opportunities............................................................................ 1-1
1.2 EIR Scope, Content, and Format..................................................................................... 1-2
1.3 Project Background......................................................................................................... 1-3
1.4 Public Review and Participation Process........................................................................ 1-4
1.5 Lead, Responsible, and Trustee Agencies..................................................................... 1-10
1.6 Environmental Review Process..................................................................................... 1-10 2 Project Description ..................................................................................................................... 2-1
2.1 Project Proponent........................................................................................................... 2-1
2.2 Lead Agency Contact Person........................................................................................... 2-1
2.3 Overview of Project Components................................................................................... 2-1
2.4 Project Location .............................................................................................................. 2-2
2.5 Project Characteristics.................................................................................................. 2-15
2.5.1 Bicycle Master Plan....................................................................................... 2-15
2.5.2 VMT Mitigation Exchanges and Banking Program ....................................... 2-20
2.5.3 General Plan Amendments........................................................................... 2-21
2.5.4 Construction ................................................................................................. 2-23
2.5.5 Operation...................................................................................................... 2-23
2.6 Project Objectives......................................................................................................... 2-24
2.7 Required Permits and Approvals .................................................................................. 2-24 City of Agoura Hills
Agoura Hills Bicycle Master Plan
ii
3 Environmental Setting ................................................................................................................ 3-1
3.1 Regional Setting .............................................................................................................. 3-1
3.2 Citywide Transportation System..................................................................................... 3-1
3.3 PEIR Baseline, Approach to Analysis, and Approach to Mitigation ................................ 3-3
3.3.1 PEIR Baseline................................................................................................... 3-3
3.3.2 Approach to Analysis...................................................................................... 3-3
3.3.3 Approach to Mitigation .................................................................................. 3-3
3.4 Cumulative Development ............................................................................................... 3-3 4 Environmental Impact Analysis .................................................................................................. 4-1
4.1 Aesthetics..................................................................................................................... 4.1-1
4.1.1 Setting.......................................................................................................... 4.1-1
4.1.2 Regulatory Setting ....................................................................................... 4.1-2
4.1.3 Impact Analysis............................................................................................ 4.1-6
4.1.4 Cumulative Impacts................................................................................... 4.1-21
4.2 Air Quality .................................................................................................................... 4.2-1
4.2.1 Setting.......................................................................................................... 4.2-1
4.2.2 Regulatory Setting ....................................................................................... 4.2-7
4.2.3 Impact Analysis.......................................................................................... 4.2-12
4.2.4 Cumulative Impacts................................................................................... 4.2-25
4.3 Biological Resources..................................................................................................... 4.3-1
4.3.1 Setting.......................................................................................................... 4.3-1
4.3.2 Regulatory Setting ..................................................................................... 4.3-13
4.3.3 Impact Analysis.......................................................................................... 4.3-26
4.3.4 Cumulative Impacts................................................................................... 4.3-50
4.4 Cultural Resources....................................................................................................... 4.4-1
4.4.1 Setting.......................................................................................................... 4.4-1
4.4.2 Regulatory Setting ....................................................................................... 4.4-9
4.4.3 Impact Analysis.......................................................................................... 4.4-12
4.4.4 Cumulative Impacts................................................................................... 4.4-22
4.5 Geology and Soils......................................................................................................... 4.5-1
4.5.1 Setting.......................................................................................................... 4.5-1
4.5.2 Regulatory Setting ....................................................................................... 4.5-5
4.5.3 Impact Analysis............................................................................................ 4.5-9
4.5.4 Cumulative Impacts................................................................................... 4.5-21
4.6 Hazards and Hazardous Materials ............................................................................... 4.6-1
4.6.1 Setting.......................................................................................................... 4.6-1
4.6.2 Regulatory Setting ....................................................................................... 4.6-4
4.6.3 Impact Analysis............................................................................................ 4.6-9
4.6.4 Cumulative Impacts................................................................................... 4.6-30 Table of Contents
Final Programmatic Environmental Impact Report iii
4.7 Hydrology and Water Quality ...................................................................................... 4.7-1
4.7.1 Setting.......................................................................................................... 4.7-1
4.7.2 Regulatory Setting ....................................................................................... 4.7-4
4.7.3 Impact Analysis............................................................................................ 4.7-8
4.7.4 Cumulative Impacts................................................................................... 4.7-24
4.8 Land Use and Planning................................................................................................. 4.8-1
4.8.1 Setting.......................................................................................................... 4.8-1
4.8.2 Regulatory Setting ....................................................................................... 4.8-2
4.8.3 Impact Analysis............................................................................................ 4.8-5
4.8.4 Cumulative Impacts..................................................................................... 4.8-8
4.9 Noise ............................................................................................................................ 4.9-1
4.9.1 Setting.......................................................................................................... 4.9-1
4.9.2 Regulatory Setting ....................................................................................... 4.9-3
4.9.3 Impact Analysis............................................................................................ 4.9-7
4.9.4 Cumulative Impacts................................................................................... 4.9-17
4.10 Recreation.................................................................................................................. 4.10-1
4.10.1 Setting........................................................................................................ 4.10-1
4.10.2 Regulatory Setting ..................................................................................... 4.10-2
4.10.3 Impact Analysis.......................................................................................... 4.10-4
4.10.4 Cumulative Impacts................................................................................... 4.10-9
4.11 Transportation ........................................................................................................... 4.11-1
4.11.1 Setting........................................................................................................ 4.11-1
4.11.2 Regulatory Setting ..................................................................................... 4.11-7
4.11.3 Impact Analysis........................................................................................ 4.11-11
4.11.4 Cumulative Impacts................................................................................. 4.11-23
4.12 Tribal Cultural Resources........................................................................................... 4.12-1
4.12.1 Setting........................................................................................................ 4.12-1
4.12.2 Regulatory Setting ..................................................................................... 4.12-4
4.12.3 Impact Analysis.......................................................................................... 4.12-6
4.12.4 Cumulative Impacts................................................................................... 4.12-8
4.13 Effects Found Not to be Significant ........................................................................... 4.13-1
4.13.1 Agriculture and Forestry Resources .......................................................... 4.13-1
4.13.2 Energy ........................................................................................................ 4.13-2
4.13.3 Greenhouse Gas Emissions........................................................................ 4.13-3
4.13.4 Mineral Resources..................................................................................... 4.13-4
4.13.5 Population and Housing............................................................................. 4.13-4
4.13.6 Public Services ........................................................................................... 4.13-5
4.13.7 Utilities and Service Systems..................................................................... 4.13-6
4.13.8 Wildfire ...................................................................................................... 4.13-7 City of Agoura Hills
Agoura Hills Bicycle Master Plan
iv
5 Other CEQA Required Discussions.............................................................................................. 5-1
5.1 Growth Inducement........................................................................................................ 5-1
5.1.1 Population Growth ......................................................................................... 5-1
5.1.2 Economic Growth ........................................................................................... 5-1
5.1.3 Removal of Obstacles to Growth.................................................................... 5-1
5.2 Irreversible Environmental Effects.................................................................................. 5-2
5.3 Mandatory Findings........................................................................................................ 5-3 6 Alternatives................................................................................................................................. 6-1
6.1 Development of Alternatives.......................................................................................... 6-1
6.1.1 Project Objectives........................................................................................... 6-1
6.1.2 Potentially Significant Impacts of the Project................................................. 6-2
6.1.3 Alternatives Considered but Rejected............................................................ 6-2
6.1.4 Project Alternatives........................................................................................ 6-3
6.2 Alternative 1: No Project Alternative.............................................................................. 6-4
6.2.1 Description...................................................................................................... 6-4
6.2.2 Impact Analysis............................................................................................... 6-4
6.3 Alternative 2: Project Minus Medea Creek Path and Agoura High School Connection 6-11
6.3.1 Description.................................................................................................... 6-11
6.3.2 Impact Analysis............................................................................................. 6-12
6.4 Alternative 3: Only Class II and Class III Facilities.......................................................... 6-21
6.4.1 Description.................................................................................................... 6-21
6.4.2 Impact Analysis............................................................................................. 6-22
6.5 Environmentally Superior Alternative .......................................................................... 6-31 7 References.................................................................................................................................. 7-1
7.1 List of Preparers.............................................................................................................. 7-1
7.2 Bibliography .................................................................................................................... 7-1 Tables
Table ES-1 Summary of Environmental Impacts, Mitigation Measures, and Residual Impacts...ES-5 Table 1-1 NOP Comments and PEIR Response............................................................................ 1-5 Table 2-1 Bicycle Master Plan Improvements........................................................................... 2-16 Table 3-1 Cumulative Projects List............................................................................................... 3-4 Table 4.2-1 Agoura Hills Climate Conditions ............................................................................... 4.2-1 Table 4.2-2 Annual Ambient Air Quality Data from Nearest Monitoring Stations...................... 4.2-6 Table 4.2-3 Federal Ambient Air Quality Standards.................................................................... 4.2-8 Table 4.2-4 State Ambient Air Quality Standards........................................................................ 4.2-9 Table 4.2-5 SCAQMD Air Quality Significance Thresholds......................................................... 4.2-13 Table 4.2-6 SCAQMD LSTs for Construction and Operation...................................................... 4.2-14 Table 4.2-7 Medea Creek Path Construction Emissions............................................................ 4.2-19 Table 4.2-8 Path LST Construction Emissions............................................................................ 4.2-21 Table of Contents
Final Programmatic Environmental Impact Report v
Table 4.3-1 Special-Status Plant Species Potentially Occurring in the Project Area ................... 4.3-5 Table 4.3-2 Special-Status Wildlife Species Potentially Occurring in the Project Area ............... 4.3-7 Table 4.4-1 Summary of Previously Recorded Cultural Resources Within or Immediately Adjacent to the Proposed Bikeways......................................................................... 4.4-8 Table 4.9-1 Noise/Land Use Compatibility Matrix....................................................................... 4.9-4 Table 4.9-2 Interior and Exterior Noise Standards...................................................................... 4.9-5 Table 4.9-3 City of Agoura Hills Exterior Noise Standards........................................................... 4.9-6 Table 4.9-4 Vibration-related Building Damage Thresholds........................................................ 4.9-8 Table 4.9-5 Typical Noise Levels for Construction Equipment (dBA) .......................................... 4.9-9 Table 4.9-6 Vibration Levels for Typical Construction Equipment ............................................ 4.9-14 Figure 4.11-1 Circulation Plan and Street Classification............................................................... 4.11-4 Figure 4.11-2 Agoura Hills Existing Bike Network......................................................................... 4.11-6 Table 6-1 Comparison of Project Alternatives’ Characteristics................................................... 6-3 Table 6-2 Impact Comparison of Alternatives........................................................................... 6-33 Figures
Figure 1-1 Environmental Review Process.................................................................................. 1-12 Figure 2-1 Regional Location......................................................................................................... 2-3 Figure 2-2 Project Location........................................................................................................... 2-4 Figure 2-3 Project Location Map - Medea Creek Path, Segment 1 of 8........................................ 2-5 Figure 2-4 Project Location Map - Medea Creek Path, Segment 2 of 8........................................ 2-6 Figure 2-5 Project Location Map - Medea Creek Path, Segment 3 of 8........................................ 2-7 Figure 2-6 Project Location Map - Medea Creek Path, Segment 4 of 8........................................ 2-8 Figure 2-7 Project Location Map - Medea Creek Path, Segment 5 of 8........................................ 2-9 Figure 2-8 Project Location Map - Medea Creek Path, Segment 6 of 8...................................... 2-10 Figure 2-9 Project Location Map - Medea Creek Path, Segment 7 of 8...................................... 2-11 Figure 2-10 Project Location Map - Medea Creek Path, Segment 8 of 8...................................... 2-12 Figure 2-11 Project Location Map - Agoura High School Connection, Segment 1 of 2 ................ 2-13 Figure 2-12 Project Location Map - Agoura High School Connection, Segment 2 of 2 ................ 2-14 Figure 3-1 Agoura Hills Existing Bicycle Network.......................................................................... 3-2 Figure 4.6-1 Evacuation Zones and Major Evacuation Routes ................................................... 4.6-24 Figure 4.6-2 Emergency Traffic Control Plan for the Old Agoura Area....................................... 4.6-25 Figure 4.11-1 Circulation Plan and Street Classification............................................................... 4.11-4 Figure 4.11-2 Agoura Hills Existing Bike Network......................................................................... 4.11-6 Appendices
Appendix A Notice of Preparation and Comments Received
Appendix B CalEEMod Modeling Outputs
Appendix C Comment Letters Received on the Draft Programmatic Environmental Impact Report Appendix D Responses to Comments
Appendix E Mitigation Monitoring and Reporting Program
City of Agoura Hills
Agoura Hills Bicycle Master Plan
vi
This page intentionally left blank.
Acronyms and Abbreviations
Final Programmatic Environmental Impact Report vii
Acronyms and Abbreviations
AB Assembly Bill
ACM asbestos-containing materials
AHMC Agoura Hills Municipal Code
Amendments General Plan Amendments
APN Assessor’s Parcel Number
AQMP Air Quality Management Plan
BERD Built Environment Resources Directory
BMP best management practice
CAA Clean Air Act
CAAQS California Ambient Air Quality Standards
CalEEMod California Emissions Estimator Model
CalEPA California Environmental Protection Agency
CAL FIRE California Department of Forestry and Fire Protection Cal/OSHA California Division of Occupational Safety and Health Administration Caltrans California Department of Transportation
CARB California Air Resources Board
CBC California Building Code
CCR California Code of Regulations
CDFW California Department of Fish and Wildlife
CEQA California Environmental Quality Act
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CESA California Endangered Species Act
CFGC California Fish and Game Code
CGS California Geological Survey
CHRIS California Historical Resources Information System CO carbon monoxide
COA Conditions of Approval
CNDDB California Natural Diversity Database
CNEL Community Noise Equivalent Level
CNPS California Native Plant Society
Connection Agoura High School Connection
City of Agoura Hills
Agoura Hills Bicycle Master Plan
viii
CRHR California Register of Historical Resources
CRPR California Rare Plant Rank
CY cubic yards
CWA Clean Water Act
db decibel
dBA decibel using the A-weighted sound pressure level
DBH diameter at breast height
DNL or Ldn Day-Night Level
DOC Department of Conservation
DOF Department of Finance
DPM diesel particulate matter
DPR Department of Parks and Recreation
DTSC Department of Toxic Substances Control
DWR Department of Water Resources
E-bikes Electric bicycles
EIR Environmental Impact Report
°F degrees Fahrenheit
FAC Facultative
FACW Facultative Wetland
FEMA Federal Emergency Management Agency
FESA federal Endangered Species Act
FHWA Federal Highway Administration
FIRM Flood Insurance Rate Map
FR Federal Register
FRA Federal Responsibility Area
FTA Federal Transit Administration
FTBMI Fernandeño Tataviam Band of Mission Indians
GHG greenhouse gas
GSP Groundwater Sustainability Plan
HABS Historic American Building Survey
HAER Historic American Engineering Record
HRA Health Risk Assessment
HRE Historical Resources Evaluation
Acronyms and Abbreviations
Final Programmatic Environmental Impact Report ix
HA Hydrological Area
HAS Hydrological Sub-Area
HU Hydrologic Unit
Hz Hertz
in/sec inches per second
IRWM Integrated Regional Water Management
LACFCD Los Angeles County Flood Control District
LADOT Los Angeles Department of Transportation
LARWQCB Los Angeles Regional Water Quality Control Board LBP lead-based paint
Ldn day-night level
Leq equivalent noise level
LID low-impact development
Lmax Maximum Noise Level
Lmin Minimum Noise Level
LRA Local Responsibility Area
LST Localized Significance Threshold
LUST leaking underground storage tank
LVMCOG Las Virgenes-Malibu Council of Governments
LVMWD Las Virgenes Municipal Water District
MBTA Migratory Bird Treaty Act
Metro Los Angeles County Metropolitan Transportation Authority MLD Most Likely Descendant
mph miles per hour
MRZ Mineral Resource Zone
MS4 municipal separate storm sewer system
CA MUTCD California Manual on Uniform Traffic Control Devices NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NFIP National Flood Insurance Program
NHPA National Historic Preservation Act
NMFS National Marine Fisheries Service
NOC Notice of Completion
City of Agoura Hills
Agoura Hills Bicycle Master Plan
x
NOD Notice of Determination
NOP Notice of Preparation
NO nitric oxide
NO2 nitrogen dioxide
NOx nitrogen oxide
NPDES National Pollutant Discharge Elimination System
NPPA Native Plant Protection Act
NPS National Park Service
NRHP National Register of Historic Places
NWI National Wetlands Inventory
O3 ozone
OBL Obligate Wetland
OHP Office of Historic Preservation
OHWM ordinary high-water mark
OPR Office of Planning and Research
OSHA Occupational Health and Safety Administration
OS-R Restricted Open Space
Path Medea Creek Path
Pb lead
PEIR Programmatic Environmental Impact Report
Plan Bicycle Master Plan
PM2.5 particulate matter with diameters of up to 2.5 microns PM10 particulate matter with diameters of up to 10 microns PPV peak particle velocity
PRC Public Resources Code
Program VMT Mitigation Exchange and Banking Program
ROG reactive organic gas
ROW right-of-way
RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board
SAA Streambed Alteration Agreement
SARA Superfund Amendments and Reauthorization Act
SB Senate Bill
Acronyms and Abbreviations
Final Programmatic Environmental Impact Report xi
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCCIC South Central Coastal information Center
SDC Seismic Design Category
SEA Significant Ecological Areas
SFHA Special Flood Hazard Area
SGMA Sustainable Groundwater Management Act
SHPO State Historic Preservation Officer
SIP State Implementation Plan
SLF Sacred Lands File
SMMNRA Santa Monica Mountains National Recreation Area
SMP Soil Management Plan
SO2 sulfur dioxide
SO3 sulfur trioxide
SOx sulfur oxide
SOI PQS Secretary of the Interior’s Professional Qualifications Standards SOI Standards Secretary of the Interior’s Standards for the Treatment of Historic Properties sp. species (singular)
spp. species (plural)
SRA State Responsibility Area
sq ft square feet
SVP Society of Vertebrate Paleontology
SWPPP Stormwater Pollution Prevention Plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
TMDL total maximum daily load
TSCA Toxic Substances Control Act
US United States
U.S.C. United States Code
U.S. EPA United States Environmental Protection Agency
USACE United States Army Corps of Engineers
USFWS United States Fish and Wildlife Service
City of Agoura Hills
Agoura Hills Bicycle Master Plan
xii
USGS United States Geological Survey
VHFHSZ Very High Fire Hazard Severity Zone
VOC volatile organic compound
VMT vehicle miles traveled
WDR Waste Discharge Requirement
WEAP Worker Environmental Awareness Program
WUI Wildland Urban Interface
Executive Summary
Final Programmatic Environmental Impact Report ES-1
Executive Summary
This document is a Programmatic Environmental Impact Report (PEIR) analyzing the environmental effects of the proposed Bicycle Master Plan (BMP), Vehicle Miles Traveled (VMT) Mitigation Exchange and Banking Program (Program), and General Plan Amendments (Amendments) in the City of Agoura Hills. This section summarizes the characteristics of the proposed Project, alternatives to the proposed project, and the environmental impacts and mitigation measures associated with the proposed project.
Lead Agency Contact Person
Charmaine Yambao, PE
City of Agoura Hills
Public Works Department
30001 Ladyface Court
Agoura Hills, California 91301
(818) 597-7360
Project Description
This PEIR has been prepared to examine the potential environmental effects of the proposed BMP, Program, and Amendments (hereafter referred to as the “proposed Project” or “Project”). The following is a summary of the full project description, which can be found in Chapter 2, Project Description.
The proposed Project covers the entirety of the city of Agoura Hills. Refer to Figure 2-1 and Figure 2- 2 in Chapter 2, Project Description, for a map of the project location. The Bicycle Master Plan proposes 30.1 miles of new bikeways and bikeway improvements, including Class I, Class II, Class III, and Class IV facilities, to build upon the city’s existing 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes. The BMP proposes a vision of a diverse network of interconnected bicycle corridors, support facilities, and programs that aim to link local and regional destinations and make biking more practical and desirable for a broader range of people. The City seeks to prioritize implementation of two projects within the BMP: the Medea Creek Path (Path), a two-mile bicycle path along the Medea Creek Channel, and the Agoura High School Connection (Connection), a 0.35- mile bicycle path connecting two intersections adjacent to Agoura High School. The proposed Project also includes the Program, which would establish a mitigation opportunity for projects exceeding the VMT threshold by allowing a developer or project proponent to purchase VMT reduction credits, which would in turn be used to fund the implementation of bicycle improvement projects identified within the BMP. To ensure the city’s General Plan is consistent with the BMP, the Project would also amend the existing General Plan Infrastructure and Community Services Element.
Project Characteristics
Bicycle Master Plan
The purpose of the BMP is to provide safer streets for city residents who are dependent on bicycling for everyday transportation. Recommended actions included within the BMP are meant to support City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-2
and increase bicycling in the city, to enhance non-motorized travel infrastructure, and to create options to support the existing and future population. The BMP includes an inventory of existing bicycle infrastructure that identifies deficiencies, develops and prioritizes improvements, and provides a recommended path for implementation.
The BMP is organized into four chapters:
Introduction. This chapter includes an overview of the BMP, the purpose of the BMP, an overview of the BMP area and its context, goals of the Plan, and guidance and legislation applicable to the BMP.
Existing Conditions and Analysis. This chapter discusses the existing roadway conditions, land use, and other context-sensitive information within the city. This chapter includes sections on relevant datasets including bicycling mode share, existing and previously proposed bicycle facilities, and bicycle collisions.
Community Engagement. This chapter describes the community engagement process with stakeholders. Stakeholders included residents, city staff, local bicycling advocacy groups, the Las Virgenes Unified School District, the Los Angeles Sheriff’s Department, and local businesses.
Recommendations. This chapter addresses the physical improvements recommended to enhance bicycling in the city. Planned bikeway projects included within Chapter 4 are identified in Table 2-1 in Chapter 2, Project Description.
VMT Mitigation Exchanges and Banking Program
The Program would establish a new mitigation opportunity for projects exceeding the VMT threshold by allowing a developer or project proponent to purchase VMT reduction credits, which would in turn be used to fund the implementation of bicycle improvement projects identified within the BMP. The exchange concept relies on the applicant of a discretionary project agreeing to implement a predetermined, unfunded, and planned VMT-reducing project or project component.
Like all VMT mitigation, substantial evidence would be necessary to demonstrate that the projects covered by the bank would achieve expected VMT reductions, and some form of monitoring may be required (Fehr and Peers 2020).
General Plan Amendments
The City must amend Chapter 3, Infrastructure and Community Services, of the existing City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. The General Plan Amendments primarily shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, as guided by the BMP.
Project Objectives
As discussed in Chapter 2, Project Description, the objectives for the proposed Project are as follows:
Increase transportation choices by providing viable alternatives to driving and improved equity to include all bikers, those who choose not to drive and those who cannot drive. Improve accessibility through local and regional connectivity. Local connections include residential communities, schools, commercial centers, and parks whereas regional connections include the surrounding communities and recreational trail network.
Executive Summary
Final Programmatic Environmental Impact Report ES-3
Improve safety by providing separate biking facilities, reducing bicycle collisions, creating greater visibility for bikers, and raising awareness to both bicyclists and road users. Improve the public health by creating facilities that allow for more biking. Enhance sustainability and environmental benefits by reducing air pollution, greenhouse gas emissions, and noise pollution.
Enhance community character by constructing bicycle facilities near areas of high scenic value, such as along greenbelts or near surface waters.
Provide a mechanism for developers to mitigate VMT impacts from development projects.
Alternatives
As required by the California Environmental Quality Act (CEQA), this PEIR examines alternatives to the proposed Project. Studied alternatives include the following three alternatives. Based on the alternatives analysis, Alternative 3 was determined to be the environmentally superior alternative. Alternative 1: No Project Alternative. The No Project Alternative is a scenario in which the Bicycle Master Plan (Plan), including Medea Creek Path (Path) and Agoura High School Connection (Connection), would not be implemented, the VMT Mitigation Exchange and Banking Program (Program) would not be established, and General Plan Amendments (Amendments) would not be adopted. As a result, no construction activities related to bicycle infrastructure would occur, and the city’s existing network of 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes would remain unchanged. The General Plan would continue to prioritize auto mobility rather than reducing VMT. As such, the No Project Alternative would not fulfill any Project Objectives, as the No Project Alternative would not improve transportation choices, accessibility, bicycle safety, public health, sustainability, or community character through the construction of bicycle facilities near areas of high scenic value, or the provision of a mechanism for developers to mitigate VMT impacts from development projects. Alternative 2: Project Minus Medea Creek Path and Agoura High School Connection.
Alternative 2 would implement the Plan, Program, and Amendments of the proposed Project.
However, the BMP implemented under Alternative 2 would remove the Medea Creek Bike Path and the Agoura High School Connection from the list of bicycle facilities. All Class II, Class III, and Class IV facilities, and enhanced bicycle treatments would be included within the BMP under Alternative 2. The Program would be revised to only fund individual projects identified under this alternative, excluding the Path and Connection. The Amendments would also be revised to exclude the Path and Connection from the City’s planned additions to its system of bikeways but would still shift the focus of Chapter 3 of the General Plan to prioritize VMT reduction through improved active transportation modes like walking and biking. Under Alternative 2, approximately 29 miles of bicycle facilities would be implemented. Alternative 2 would fulfill the Project Objectives, but to a lesser extent given the reduced miles of bicycle facilities implemented and improved under this Alternative. Additionally, Alternative 2 would not fulfill the Project Objective that aims to enhance community character by constructing bicycle facilities near areas of high scenic value.
Alternative 3: Only Class II and Class III Facilities. Alternative 3 would involve implementation of the Plan, Program, and Amendments; however, the BMP would only include Class II and Class III facilities. All Class I facilities, including the Path and Connection, and Class IV facilities would be removed from the Plan, while all Class II and Class III facilities would be included in the BMP under Alternative 3. The Program would be revised to only fund individual projects identified City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-4
under this alternative, excluding the Path and Connection. The Amendments would also be revised but would still shift the focus of Chapter 3 of the General Plan to prioritize VMT reduction through active transportation modes like walking and biking. Under Alternative 3, approximately 25.6 miles of bicycle facilities would be implemented. Similar to Alternative 2, Alternative 3 would fulfill Project Objectives, though to a lesser extent given the reduced miles of bicycle facilities implemented and improved, and the Project Objective that aims to enhance community character would not be fulfilled.
Refer to Section 6, Alternatives, for the complete alternatives analysis.
Areas of Known Controversy
The EIR scoping process did not identify any areas of known controversy for the proposed Project.
Responses to the Notice of Preparation and input received at the PEIR scoping meeting held by the City are summarized in Section 1, Introduction.
Issues to be Resolved
Required permits and approvals for most projects identified within the BMP are not known at this time, though they may include permits for regulatory agencies, encroachment permits, easement approvals, and property acquisitions. Issues to be resolved include the acquisition of such permits and approvals, the choice among alternatives, formal adoption of the General Plan Amendments, and the nature of mitigation measures to be adopted.
Issues Not Studied in Detail in the EIR
Section 4.13, Effects Found Not to be Significant, includes a discussion of agricultural and forestry resources, energy, greenhouse gas emissions, mineral resources, population and housing, public services, utilities and service systems, and wildfire.
Summary of Impacts and Mitigation Measures
Table ES-1 summarizes the direct environmental impacts of the proposed Project, proposed mitigation measures, and residual impacts (the impact after application of mitigation, if required).
Impacts are categorized as follows:
Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given feasible mitigation measures.
Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures.
No Impact. The proposed project would have no effect on environmental conditions or would reduce existing environmental problems or hazards.
Executive Summary
Final Programmatic Environmental Impact Report ES-5
Table ES-1 Summary of Environmental Impacts, Mitigation Measures, and Residual Impacts Impact Mitigation Measure(s) Impact
Aesthetics
Impact AES-1. Implementation of the Bicycle Master Plan would result in temporary obstruction of views during construction activities. The proposed Project would not result in the construction of new structures that could permanently disrupt existing views. This impact would be less than significant.
None required. Less than significant.
Impact AES-2. There are no officially designated state scenic highways within the City of Agoura Hills. Therefore, the proposed Project would not substantially damage scenic resources within a state scenic highway. There would be no impact.
None required. No impact.
Impact AES-3. The proposed Project would be consistent with applicable General Plan goals and policies, and would comply with applicable regulations contained within the Agoura Hills Municipal Code. This impact would be less than significant.
None required. Less than significant.
Impact AES-4. The proposed Project would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
None required. Less than significant.
Air Quality
Impact AQ-1. Implementation of the proposed Project would not generate population growth. Therefore, the Project would not exceed the growth forecasts on which the 2022 AQMP is based or delay the timely attainment of air quality standards. Impacts related to AQMP consistency would be less than significant.
None required. Less than significant.
Impact AQ-2. Construction of the proposed Project would not exceed SCAQMD’s regional thresholds of significance and would not result in operational emissions; therefore, the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the region is in nonattainment under applicable federal or State ambient air quality standards, and impacts would be less than significant.
None required. Less than significant.
Impact AQ-3. Project construction would not expose sensitive receptors to substantial toxic air containments. The Project would not increase carbon monoxide concentrations such that it would create carbon monoxide hotspots, and the Project is not considered a land use that would generate substantial toxic air contaminants emissions. impacts would be less than significant.
None required. Less than significant.
Impact AQ-4. The Project would not generate odors adversely affecting a substantial number of people during construction or operation. Impacts would be less than significant.
None required. Less than significant.
Biological Resources
Impact BIO-1. The Project area is largely urbanized, and individual Project components would be located on previously developed and/or disturbed lands. Implementation of the Medea Creek Path could adversely impact special-status species or their habitat. Furthermore, local special-status species and nesting birds are expected to occur within the overall Project area and could be affected by construction activities. With implementation of MM BIO-1A through MM BIO-1C, this impact would be less than significant.
BIO-1(a) Pre-Construction Biological Resources Assessment and Reporting. Prior to approval of final design for individual projects identified within the BMP that involve ground disturbance and/or vegetation trimming or removal, the City shall retain a qualified biologist to conduct a focused assessment of the environmental limits of the individual project boundary to identify sensitive biological resources that may be impacted by implementation of the project, including special-status plants, animals, and their habitats, as well as sensitive natural communities, regulated waters, and protected trees.
If the biologist identifies protected biological resources that may be affected by implementation of the project, the City shall first prepare alternative designs that seek to avoid and/or minimize impacts to the biological resources. If the project cannot be redesigned without complete avoidance, the City shall retain the qualified biologist to identify the specific impacts to the biological resource (i.e., special-status species, sensitive natural communities, regulated waters, and/or protected trees), identify any state or federal listed species that would necessitate coordination with the appropriate regulatory agency (i.e., USFWS, CDFW, USACE) to obtain regulatory permits, develop project-specific avoidance and mitigation procedures prior to initiating construction activities, and implement project-specific avoidance and mitigation measures prior to and during any construction activities.
Mitigation actions that may be required if impacts to sensitive biological resources be identified during implementation of individual projects include:
Pre-construction surveys to identify the presence of special-status species, nesting birds, and roosting bats, within and adjacent to work areas;
Worker Environmental Awareness Program training for all construction personnel; Complete avoidance of special-status species where and if possible. Avoidance measures may include:
Delimiting and flagging of special-status species avoidance buffer areas (Environmentally Sensitive Areas), Monitoring of construction activity near Environmentally Sensitive Areas, and Installation of special-status species exclusion fencing; Less than significant with
mitigation incorporated.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-6
Impact Mitigation Measure(s) Impact
Relocation of special-status species out of work areas (with applicable permits and authorizations as necessary); Restoration of temporarily disturbed special-status species’ habitat; and, Compensatory mitigation for impacts to special-status species habitat at a minimum ratio appropriate for extent and quality of permanently disturbed habitat. Mitigation ratios may vary from 1:1 to 5:1.
BIO-1(b) Pre-Construction Nesting Bird Surveys, Avoidance, and Reporting. Future construction activities initiated during the raptor and passerine bird nesting season (January 1 – August 31) involving removal of vegetation or other nesting bird habitat, including abandoned structures and other manmade features, shall be preceded by a pre-construction nesting bird survey conducted no more than one week prior to initiation of ground disturbance and vegetation removal activities. The nesting bird preconstruction survey shall be conducted on foot and shall include up to a 200-foot buffer around the construction site depending on the specific area being surveyed, where publicly accessible. The survey shall be conducted by a qualified biologist familiar with the identification of avian species known to occur in southern California. If nests are found, an avoidance buffer shall be determined by a qualified biologist dependent upon the species, the proposed work activity, and existing disturbances associated with land uses outside of the site, which shall be demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to demarcate the boundary. All construction personnel shall be notified as to the existence of the buffer zone and to check with the qualified Biologist before entering the buffer zone during the nesting season. Encroachment into the buffer shall occur only at the discretion of the qualified biologist on the basis that the encroachment will not be detrimental to an active nest. No ground or vegetation disturbing activities shall occur within the buffer until the biologist has confirmed that breeding/ nesting is completed, and the young have fledged the nest. An email summarizing the preconstruction survey(s) shall be prepared by a qualified biologist and shall be submitted to the city prior to the commencement of construction activities.
Individual project plans shall include a statement acknowledging compliance with the MBTA and CFGC that includes avoidance of active bird nests and identification of BMPs to avoid impacts to active nests, including checking for nests prior to construction activities during the nesting bird season and what to do if an active nest is found so that the nest is not inadvertently impacted during grading or construction activities.
BIO-1(c) Construction Best Management Practices. The following construction BMPs shall be incorporated into all grading and construction plans for individual projects:
A 20 mile-per-hour speed limit shall be designated in all construction areas where applicable. All vehicles and equipment shall be parked on pavement, existing roads, and previously disturbed areas, and clearing of vegetation for vehicle access shall be avoided to the greatest extent feasible. The number of access routes, number, and size of staging areas, and the total area of the activity shall be limited to the minimum necessary to achieve the goal of the Project.
Equipment washout and fueling areas shall be located within the limits of grading at a minimum of 100 feet from waters, wetlands, or other sensitive resources as identified by a qualified biologist to the greatest extent feasible. Washout areas shall be designed to fully contain polluted water and materials for subsequent removal from the site. Daily construction work schedules shall be limited to daylight hours where adjacent to natural areas capable of supporting wildlife, and shall be consistent with local noise ordinances.
Mufflers shall be used on all construction equipment where work will be conducted within or adjacent to natural areas capable of supporting wildlife, and vehicles shall be in good operating condition. Drip pans shall be placed under all stationary vehicles and mechanical equipment within 100 feet of a drainage, creek, or stream. All trash shall be placed in sealed containers and shall be removed from project sites a minimum of once per week. No pets are permitted on Project sites during construction.
Impact BIO-2. Future construction activities could adversely impact riparian habitat or other sensitive natural communities.
With implementation of MM BIO-1A through MM BIO-2C, this impact would be less than significant.
BIO-1(a) Pre-Construction Biological Resources Assessment and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(b) Pre-Construction Nesting Bird Surveys, Avoidance, and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(c) Construction Best Management Practices. See Impact BIO-1 for mitigation measure.
BIO-2(a) Riparian Habitat and Sensitive Natural Communities Protection. If sensitive natural communities, wetlands, or riparian habitats are identified within individual project limits, the City shall design or modify the project to avoid direct and indirect impacts on these habitats, if feasible. At a minimum, the City shall implement the following measures to minimize the loss of riparian vegetation, where feasible.
Protect sensitive habitat areas from harmful exposure to light. If an individual project identified within the BMP is located within or adjacent to sensitive habitat areas or habitat for sensitive species, and lighting is proposed, then the facility will be designed to protect such areas from harmful exposure to light by shielding light sources, redirecting light sources, or using low intensity lighting.
Less than significant with
mitigation incorporated.
Executive Summary
Final Programmatic Environmental Impact Report ES-7
Impact Mitigation Measure(s) Impact
Delineate sensitive habitat areas. Sensitive habitat areas to be avoided, including appropriate buffers (determined by a qualified biologist), will be flagged by a qualified biologist prior to the onset of construction activities. Where indicated by the biologist, these areas will be fenced or otherwise protected from direct and indirect impacts. All such areas to be avoided with be clearly marked on construction plans and designated as “no construction” zones. Slope stabilization. Where construction will occur on bare soil or on slopes, the contractor shall stabilize exposed soil/slopes immediately upon completion of construction activities. On highly erodible soils/slopes, the contractor shall use a non-vegetative material that binds the soil initially and breaks down within a few years. If more intensive erosion control treatments are needed, geotextile mats, excelsior blankets, or other soil stabilization products shall be used. Install signage and fencing, vegetation, or other natural barriers to prevent impacts on adjacent areas during operation. Fencing, vegetation, or other natural barriers will be constructed to prevent impacts on sensitive habitat areas adjacent to the Facilities during operation. Signs will be erected in appropriate locations to inform users of the need to stay within designated bike paths, lanes, routes, or boulevards.
BIO-2(b) Jurisdictional Delineation Survey and Report. Before approving any individual project involving ground disturbance, the City shall retain a qualified biologist to conduct a site-specific assessment of the individual project area to identify sensitive natural communities, wetlands, or riparian habitats. The field delineation shall include a survey effort within the individual project area.
During the field survey, sample points shall be established to document wetland and non-wetland aquatic resources, using the appropriate agency-approved methodology and data forms. The sample points shall focus on identifying indicators of an OHWM, wetland hydrology, hydric soils, and hydrophytic vegetation. Using this information, a “wetland edge” shall be discerned between the wetland and non-wetland points, and the boundary of the aquatic resources shall be mapped with a sub-meter global position system unit.
The survey shall be conducted in accordance with USACE Wetlands Delineation Manual (1987) and Arid West Regional Supplement to the manual, as well as the latest guidance from the CDFW and Los Angeles RWQCB. This methodology is the acceptable methodology for delineating the boundaries of federal and state jurisdictions.
A delineation report shall be prepared in accordance with the USACE Los Angeles District’s 2017 Minimum Standards for Acceptance of Aquatic Resources Delineation Reports and shall be used to support necessary permit applications. The report shall include a discussion of methodologies and results that detail the background information; field observations and data collected; and a summary of findings. The report shall contain narrative descriptions of all aquatic features identified, including jurisdictional resources and their boundaries within the Project component’s work area. The report shall quantify lengths and acreages of each aquatic feature, provide high-quality figures, site photographs, and completed data forms, and geographic information system (GIS) data.
The report shall be used to support permitting requirements and shall be submitted to the City for review and approval prior to the issuance of grading permits.
BIO-2(c) Compensatory Mitigation. If sensitive natural communities, state or federally protected wetlands, and/or riparian habitats are disturbed due to implementation of an individual project identified within the Plan, the City shall compensate for the disturbance to ensure no net loss of habitat functions and values. Compensation ratios shall be based on site-specific information and determined through coordination with state, federal, and/or local agencies as part of the permitting process for the individual project prior to the issuance of a grading permit and/or initiation of construction activities. Unless determined otherwise by the regulatory/permitting agency, the compensation shall be at a minimum ratio of two acres restored, created, and/or preserved for every one acre disturbed (2:1). Compensation may comprise on-site restoration/creation off-site restoration, preservation, or purchase of mitigation credits (or a combination of these elements). If compensatory mitigation involves restoration, the City shall develop and implement a Restoration and Monitoring Plan that describes how the habitat shall be created and monitored over a minimum period of time.
In broad terms, the Restoration and Monitoring Plan shall at a minimum include:
Description of the Project/impact and mitigation sites Information related to riparian habitat impacts
Specific objectives
Success criteria
Plant palettes for each vegetation community
Implementation plan
Maintenance activities
Monitoring plan
Contingency measures
City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-8
Impact Mitigation Measure(s) Impact
The plant palette shall include a diversity of appropriate native species that occur in the communities in the surrounding area. The performance standards for the Restoration and Monitoring Plan shall be, at a minimum, the following:
Within five years after introducing the native plants to the mitigation site, the acreage of restored native grassland habitat shall be no less than two times the acreage lost to Project construction. Within five years after introducing the native plants to the mitigation site, the absolute cover of the target species and other native species shall be no less than 50 percent within the restoration area. Restoration will be considered successful after the success criteria have been met for a period of at least 2 years without any maintenance or remediation activities other than invasive species control.
The restoration project shall be initiated prior to development of the individual project and shall be implemented at most over a fiveyear period, unless success criteria is met sooner. The restoration project shall incorporate an iterative process of annual monitoring and evaluation of progress, and allow for adjustments to the restoration plan, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the restoration Project shall be submitted to the City. Five years after start of the restoration project, a final report shall be submitted to the City, which shall at a minimum discuss the implementation, monitoring, and management of the restoration project over the five-year period and indicate whether the restoration project has been successful based on established success criteria. The annual reports and the final report shall include as-built plans submitted as an appendix to the report.
If the loss of the sensitive habitat types is to be mitigated by a contribution of an in-lieu fee, the City shall provide evidence of payment of the in-lieu fee prior to issuance of the grading permit. The fee shall be based on the cost per acre to restore or create inkind habitat and the acreage of sensitive communities impacted. In-lieu fees shall be used for the restoration of in-kind habitat.
Impact BIO-3. Future construction activities could adversely impact state or federally protected wetlands defined by Section 404 of the Clean water act. With implementation of MM BIO-2A through MM BIO-2C, this impact would be less than significant
BIO-1(a) Pre-Construction Biological Resources Assessment and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(c) Construction Best Management Practices. See Impact BIO-1 for mitigation measure.
BIO-2(a) Riparian Habitat and Sensitive Natural Communities Protection. See Impact BIO-2 for mitigation measure.
BIO-2(b) Jurisdictional Delineation Survey and Report. See Impact BIO-1 for mitigation measure..
BIO-2(c) Compensatory Mitigation. See Impact BIO-1 for mitigation measure.
Less than significant with
mitigation incorporated.
Impact BIO-4. Construction and operational activities could result in temporary impacts to wildlife movement or nursery sites; impacts would be less than significant.
None required. Less than significant.
Impact BIO-5. Future construction activities could conflict with local policies protecting biological resources. With implementation of MM BIO-1a, MM BIO-1c, MM BIO-2a through MM BIO-2c, and MM BIO-5a, this impact would be less than significant
BIO-1(a) Pre-Construction Biological Resources Assessment and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(c) Construction Best Management Practices. See Impact BIO-1 for mitigation measure.
BIO-2(a) Riparian Habitat and Sensitive Natural Communities Protection. See Impact BIO-2 for mitigation measure.
BIO-2(b) Jurisdictional Delineation Survey and Report. See Impact BIO-1 for mitigation measure..
BIO-2(c) Compensatory Mitigation. See Impact BIO-1 for mitigation measure.
BIO-5(a) Tree Protection. The City shall procure all necessary tree removal permits prior to impacting a protected oak tree. A tree protection and replacement plan shall be developed by a certified arborist for any protected oak tree(s) or other naturally occurring native tree that has a trunk diameter (at 4.5 feet above grade; diameter at breast height [DBH]) that will be affected by implementation of an individual project identified within the Plan. The tree protection and replacement plan shall include, but would not be limited to, an inventory of protected oak trees and naturally occurring native trees with a DBH of four inches or more within the individual construction site, setbacks from trees and protective fencing, restrictions regarding grading and paving near trees, direction regarding pruning and digging within the root zone of trees, and requirements for replacement and maintenance of trees. If protected oak trees or other naturally occurring native trees with a DBH of four inches or more will be removed, replacement tree plantings of like species in accordance with the city standards, but at a minimum ratio of 4:1 (trees planted to trees impacted) for protected oak trees in accordance with the City of Agoura Hills Oak Tree Preservation Guidelines and Oak Tree Ordinance (Municipal Code Article IX, Chapter 6, Part 2., Division 7) and a minimum ratio of 1:1 replacement for other naturally occurring native trees with a DBH of four inches or more, and shall be installed on-site or at an approved off-site location and a restoration and monitoring program shall be developed and implemented for a minimum of seven years.
If the protective zone (as defined per the Agoura Hills Oak Tree Preservation Guidelines) of a protected oak tree is disturbed by more than 30 percent, the tree shall be retained and mitigated at a ratio of 4:1 as described above, because long-term impacts that may lead to decline or mortality may not be visible for several years. Any protected oak tree that will be encroached within its protective zone during construction shall have a certified arborist present to oversee the work activities. Any trimming of roots and branches shall be performed or directly supervised by a certified arborist and shall be done in accordance with the American National Standards Institute A300 Tree Care standards.
Less than significant with
mitigation incorporated.
Executive Summary
Final Programmatic Environmental Impact Report ES-9
Impact Mitigation Measure(s) Impact
Impact BIO-6. The proposed Project would not conflict with an adopted habitat conservation plan. No impact would occur. None required. No impact.
Cultural Resources
Impact CUL-1. The proposed Project has the potential to result in significant impacts if development carried out under the Project would cause a substantial adverse change in the significance of a historical resource. this impact would be significant and unavoidable.
CUL-1 Prepare Historical Resources Evaluation Prior to Approval of Project Involving Structures 45 Years or Older and Implement Mitigation Prior to and During Construction. Prior to approval of individual Class I facilities, Class II facilities, Class IV facilities, and enhanced bicycle treatments that include construction activities which could result in direct/indirect impacts to historical resources, including those that could result in direct impacts to structures/objects and/or indirect impact to buildings 45 years or older, the City shall retain a qualified architectural historian or historian who meets the Secretary of the Interior’s Professional Qualification Standards (SOI PQS) in architectural history and/or history as defined in CFR Title 36, Part 61 to oversee the following steps:
Prior to proceeding with the historical resources evaluation (HRE) described below, a qualified architectural historian or historian (who meets the Secretary of the Interior’s Professional Qualifications Standards (SOI PQS) in architectural history and/or history as defined in CFR Title 36, Part 61) shall conduct a review of the applicable registers of previously documented built environment resources qualifying as historical resources to determine the presence of such resources within or immediately adjacent to a Class I, II, or IV project footprint or enhanced bicycle facility, and to confirm its condition is consistent with that presented in associated designation documentation. This effort, which may include a field survey, shall be documented in a report (that may be combined with the report described in the third bullet below as necessary and appropriate) that shall be submitted to the City for review and approval prior to initiation of a project component.
Based on guidance provided by the California Office of Historic Preservation (OHP), not all built environment resources merit recordation. Therefore, the professional judgement of an architectural historian (that meets the SOI PQS in architectural history or history as defined in Code of Federal Regulations, Title 36, Part 61) shall be relied upon to determine if built environment resources with potential significance requiring recordation are present within a given project component site or its immediate surroundings. If a project component site or property in its immediate surroundings includes a building, structure, or other built environment feature that is 45 years of age or older that merits recordation and has the potential to be significantly impacted by the project, the City shall prepare a HRE for the property containing said building, structure, or other built environment feature.
The evaluation shall consider the eligibility of the resource for listing in the National Register of Historic Places and California Register of Historical Resources, in addition to any applicable local register of historical resources. The HRE shall be prepared by a SOI PQS architectural historian or historian. The HRE shall include an intensive-level evaluation prepared in accordance with the guidelines and best practices promulgated by the California OHP. The building, structure or other built environment feature shall be evaluated within an appropriate historic context and documented in a report that meets the California OHP guidelines. All evaluated resources shall be documented on California Department of Parks and Recreation Series 523 Forms (DPR forms) in accordance with the guidance included in the OHP’s Instruction for Recording Historical Resources. The report with attached DPR forms shall be submitted to the City for review and approval prior to proceeding with construction of the project component.
If built environment resources qualifying as historical resources having the potential to be significantly impacted by a proposed project component are identified within a proposed project component site or its immediate surroundings, efforts shall be made to ensure that impacts are mitigated. In such instances, the above-noted HRE report shall be amended or supplemented with a report that identifies the resource’s character-defining features and recommends treatment methods for character-defining features. The report shall demonstrate how the proposed project component complies with the Secretary of the Interior’s Standards for the Treatment of Historic Properties (SOI Standards) and avoids impacts to historical resources pursuant to CEQA.
The report shall be submitted to the City for review and approval prior to proceeding with construction the project. If built environment historical resources are identified and compliance with the SOI Standards is not possible, appropriate sitespecific mitigation measures that reduce impacts to historical resources to the greatest extent feasible shall be established and undertaken. Mitigation measures may include, but would not be limited to, documentation of the historical resource in the form of a Historic American Building Survey (HABS) or Historic American Engineering Record (HAER) report that complies with the Secretary of the Interior’s Standards for Architectural and Engineering Documentation, or development of an interpretative display or educational opportunity that relates the history and significance of the resource to the public.
Significant and unavoidable.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-10
Impact Mitigation Measure(s) Impact
Impact CUL-2. The proposed Project has the potential to result in significant impacts if development carried out under the Project would cause a substantial adverse change in the significance of an archaeological resource. this impact would be significant and unavoidable.
CUL-2 Prepare Archaeological Resources Assessment Prior to Project Approval and Implement Mitigation Prior to and During Construction. Prior to approval of individual Class I facilities, Class II facilities, Class IV facilities, and enhanced bicycle treatments that involve ground disturbing activities, the City shall retain an archaeologist that meets the SOI PQS in either prehistoric or historic archaeology (qualified archaeologist as defined in CFR, Title 36, Part 61) to oversee the preparation of an archaeological resources assessment).
Archaeological Resources Assessments shall include a CHRIS records search at the SCCIC with a minimum 0.5-mile radius and a Sacred Lands File search through the California Native American Heritage Commission. The records searches will characterize the results of previous cultural resource surveys and disclose any cultural resources that have been recorded and/or evaluated in and around a Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments. A Phase I pedestrian survey shall be undertaken at Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments to locate any surface evidence of cultural materials. A geoarchaeological review (examination of CHRIS and ethnographic data, historical, geological, and soil maps, aerial imagery, geotechnical reports) shall be conducted to assess the potential for the project to encounter unknown archaeological resources during construction. A qualified archaeologist shall identify known archaeological resources and classify the Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments as having high, medium, or low sensitivity for unknown archaeological resources. The assessment shall also include recommendations for additional studies and/or mitigation, as necessary, such as monitoring during construction-related ground disturbance. Construction monitoring shall be recommended when archaeological resources are present and/or the assessment identifies a moderate or high likelihood of archaeological resources being present. If the CHRIS search or Phase I archaeological survey identifies resources that may be impacted by Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments, the archaeological resources assessment shall also include Phase II testing and evaluation. If resources are determined significant (i.e., eligible for the CRHR and/or NRHP) or unique the City shall first consider whether avoidance and preservation in place is feasible. If resource avoidance and preservation in place is not feasible, appropriate site-specific mitigation measures shall be identified in the Phase II evaluation. For archaeological resources found eligible under CRHR Criterion 4/NRHP Criterion D (data potential) that cannot be avoided and will be impacted by Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments, mitigation shall include, but would not be limited to, a Phase III data recovery program. The data recovery program shall make provisions for adequately recovering the scientifically consequential information from and about the resource. The qualified archaeologist and City shall consult with appropriate Native American representatives regarding the data recovery program in determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the resource, beyond those that are scientifically important, are considered. For archaeological resources that are found eligible under CRHR Criteria 1/NRHP Criteria A (events), 2/B (persons), and/or 3/C (design/craftsmanship) that cannot be avoided and will be impacted by Class I facilities, Class II facilities involving road widening, Class IV facilities, or enhanced bicycle treatments, other appropriate mitigation shall be determined by a qualified archaeologist in consultation with the City and, if the resource is of indigenous origin, local interested Tribes. Mitigation may include but would not be limited to development of interpretive or educational materials or preservation of all or portions of the archaeological site. Final disposition of any recovered artifacts or samples, which could include but would not be limited to curation or onsite reburial, shall occur as specified by the qualified archaeologist in consultation with the City and, if the resource is of indigenous origin, local interested Tribes. Artifacts and samples include material recovered from all phases of work, including the Phase I survey, Phase II testing, Phase III data recovery, and construction monitoring.
Significant and unavoidable.
Impact CUL-3. Future development facilitated by the proposed Project would comply with California Health and Safety Code Section 7050.5, which would ensure impacts to human remains are less than significant.
None required. Less than significant.
Geology and Soils
Impact GEO-1. There are no faults or Alquist-Priolo Special Studies Zones within or immediately adjacent to the Project area. Therefore, implementation of the proposed Project would not directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault. This impact would be less than significant.
None required. Less than significant.
Impact GEO-2. The Project area is not located within or adjacent to an active fault and the Project does not include the construction of buildings or habitable structures. The Project would not exacerbate the risk of loss, injury, or death involving strong seismic ground shaking. This impact would be less than significant.
None required. Less than significant.
Impact GEO-3. Portions of the Project would be located within liquefaction zones. With compliance with applicable regulatory requirements under the California Building Code, the Project would not exacerbate the risk of loss, injury, or death involving liquefaction. This impact would be less than significant.
None required. Less than significant.
Executive Summary
Final Programmatic Environmental Impact Report ES-11
Impact Mitigation Measure(s) Impact
Impact GEO-4. Portions of the Project would be located within areas identified as at risk of landslides. With adherence with applicable regulatory requirements under the California Building Code, the Project would not exacerbate the risk of loss, injury, or death involving landslides. This impact would be less than significant.
None required. Less than significant.
Impact GEO-5. The Project would not result in substantial soil erosion or the loss of topsoil. This impact would be less than significant.
None required. Less than significant.
Impact GEO-6. Portions of the Project would be located on geologic units or soils that are unstable. However, the Project would not exacerbate soil instability, nor would the Project result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. Impacts would be less than significant.
None required. Less than significant.
Impact GEO-7. The Project may be located upon expansive soils. Compliance with applicable City requirements would minimize potential risks associated with expansive soils. This impact would be less than significant.
None required. Less than significant.
Impact GEO-8. The Project would not require the use of septic tanks or alternative wastewater disposal systems. No impact would occur.
None required. No impact.
Impact GEO-9. Ground disturbance during construction activities could encounter geologic units with high or undetermined paleontological sensitivity. With implementation of Mitigation Measure GEO-9, this impact would be less than significant.
GEO-9 Paleontological Resources Assessment. Prior to approval of final design for individual projects identified within the BMP that involve ground disturbance, the City shall require preparation of a Paleontological Resources Assessment. This assessment may be prepared as a standalone report or incorporated into a larger environmental review document. The Paleontological Resources Assessment shall be prepared by an individual meeting the standards of a Qualified Professional Paleontologist as defined by the SVP.
The assessment shall summarize the results of a records search of the Natural History Museum of Los Angeles County, summarize the results of a desktop review of available literature and geologic maps of the individual project site, characterize the paleontological sensitivity of the geologic unit(s) present within the project site using the SVP paleontological sensitivity scale, assess the potential for significant impacts to paleontological resources, and provide mitigation recommendations for avoiding or reducing impacts to paleontological resources from project construction, if necessary.
Less than significant with
mitigation incorporated.
Hazards and Hazardous Materials
Impact HAZ-1. By following applicable legislation and through implementation of a Soil Management Plan when required, the proposed Project would not create a significant hazard to the public or the environment through either the routine transport, use, or disposal of hazardous materials, or through reasonably foreseeable upset and accident conditions involving the release of hazardous materials. With implementation of Mitigation Measure HAZ-1, this impact would be less than significant.
HAZ-1 Soil Management Plan. Prior to commencement of ground-disturbing activities for proposed facilities within 1,000 feet of a known hazardous release site, the City shall retain a qualified consultant (i.e., professional geologist or professional engineer) to prepare a Soil Management Plan (SMP) for the project. The SMP shall address:
On-site handling and management of unanticipated contaminated soils or other contaminated wastes (e.g., stained soil, soil with solvent or chemical odors) if encountered during ground disturbance, and Specific actions to reduce hazards to construction workers and off-site receptors during construction (e.g., personal protective equipment, dust control, and/or air monitoring).
The SMP must establish remedial measures and soil management practices to ensure construction worker safety and prevent the offsite migration of contaminants from the project site. These measures and practices may include, but are not limited to:
Proper transportation and disposal procedures for contaminated materials in accordance with applicable regulations, including CCR Title 22.
A requirement to halt work in the immediate area and contact a qualified consultant (i.e., professional geologist or professional engineer) immediately to evaluate the project site conditions if odorous or visually stained soils, other indications of piping or equipment (including hydrocarbon piping or equipment), or debris are encountered during ground-disturbing activities. A health and safety plan for contractors working at the project site that addresses the safety and health hazards of each phase of project construction activities with the requirements and procedures for employee protection and outlines proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
Reporting on monitoring activities.
The Director of Public Works shall the SMP prior to construction (grading/excavation) activities at and prior to issuing grading permits for proposed facilities within 1,000 feet of a known hazardous release site. The City shall implement the SMP during grading and construction activities.
Less than significant with
mitigation incorporated.
Impact HAZ-2. Compliance with applicable regulations and implementation of a Soil Management Plan when required would minimize the potential for construction to create a significant hazard involving hazardous emissions or the handling of hazardous materials within one-quarter mile of a school. With implementation of Mitigation Measure HAZ-1, this impact would be less than significant.
HAZ-1 Soil Management Plan. See Impact BIO-1 for mitigation measure. Less than significant with mitigation incorporated.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-12
Impact Mitigation Measure(s) Impact
Impact HAZ-3. Individual facilities identified in the Bicycle Master Plan would not be located on an active site included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. Through compliance with applicable regulations, this impact would be less than significant.
None required. Less than significant.
Impact HAZ-4. The city is not located within an airport land use plan or within two miles of a public airport or public use airport. No impact would occur.
None required. No impact.
Impact HAZ-5. With compliance with the California Manual of Uniform Traffic Control Devices during construction activities, implementation of the proposed Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. This impact would be less than significant.
None required. Less than significant.
Impact HAZ-6. The proposed Project would not expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires. This impact would be less than significant.
None required. Less than significant.
Hydrology and Water Quality
Impact HYD-1. Through compliance with existing regulatory requirements, the Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality. This impact would be less than significant.
None required. Less than significant.
Impact HYD-2. The Project would not substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Project may impede sustainable groundwater management of the Russell Valley Groundwater Basin. Impacts would be less than significant.
None required. Less than significant.
Impact HYD-3. The proposed Project would not substantially alter the existing drainage pattern of the Project area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on or off site, would result in flooding on or off site, would provide substantial additional sources of polluted runoff, or would impede or redirect flood flows. Impacts would be less than significant.
None required. Less than significant.
Impact HYD-4. The proposed Project would not risk the release of pollutants due to Project inundation in flood hazard, tsunami, or seiche zones. Impacts would be less than significant.
None required. Less than significant.
Impact HYD-5. The proposed Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. Impacts would be less than significant.
None required. Less than significant.
Land Use and Planning
Impact LU-1. The proposed Project would result in the addition of new and improved bicycle and pedestrian pathways in the City of Agoura Hills, which would enhance local and regional connectivity. This impact would be less than significant.
None required. Less than significant.
Impact LU-2. The proposed Project would be consistent with Connect SoCal 2024, the City of Agoura Hills General Plan 2035, and the Agoura Village Specific Plan. This impact would be less than significant.
None required. Less than significant.
Noise
Impact NOI-1. Construction of individual bicycle facilities identified in the Bicycle Master Plan would temporarily produce high noise levels, potentially impacting nearby noise-sensitive land uses. Operation of the bicycle facilities is not anticipated to increase on-site noise levels or result in additional transportation noise. Impacts would be less than significant with mitigation.
N-1 Construction Noise Reduction Measures. The following construction noise reduction measures shall be included as standard conditions of approval for projects involving construction within 125 feet of a sensitive receptor:
Properly muffle and maintain all construction equipment powered by internal combustion engines; Prohibit unnecessary idling of combustion engines;
Locate all stationary noise-generating construction equipment (such as air compressors) as far as practical from existing nearby residences and other noise-sensitive land uses;
Select quiet construction equipment, particularly air compressors, whenever possible; Fit motorized equipment with proper mufflers in good working order; Residences, schools, libraries, hospitals or other medical care facilities adjacent to individual project sites shall be notified, in advance and by writing, of the proposed construction schedule before construction activities commence, including details for the noise disturbance coordinator; and,
Construction of each individual project identified within the Plan shall have a designated “noise disturbance coordinator” responsible for responding to any local complaints about construction noise. The disturbance coordinator shall determine the cause of noise complaints and shall require that reasonable measures be implemented to correct the problem. A telephone number for the disturbance coordinator shall be posted at the construction site.
Less than significant with
mitigation incorporated.
Executive Summary
Final Programmatic Environmental Impact Report ES-13
Impact Mitigation Measure(s) Impact
Impact NOI-2. Construction of individual bicycle facilities identified in Bicycle Master Plan would temporarily generate groundborne vibration, potentially affecting adjacent sensitive land uses. Operation activities are not anticipated to increase on-site vibration levels. Impacts would be less than significant with mitigation.
N-2 Construction Vibration Control Plan. Prior to the issuance of any Grading Permit, the Public Works Department shall verify that the Project plans and specifications include provisions that require that paving activities within 37 feet of off-site structures utilize a static roller in lieu of a vibratory roller.
Less than significant with
mitigation incorporated.
Impact NOI-3. City of Agoura Hills Bicycle Master Plan would facilitate new development that would be exposed to aircraft noise associated with Van Nuys Airport. Noise-sensitive receptors in Agoura Hills would be located outside of noise contours associated with nearby airports.
None required. No impact.
Recreation
Impact REC-1. Bicycle facilities implemented under the proposed BMP would not increase the use of recreational facilities such that physical deterioration would occur or be accelerated. This impact would be less than significant.
None required. Less than significant.
Impact REC-2. Implementation of the proposed Project would result in the construction or expansion of recreational facilities that could adversely affect the environment. Those impacts are identified throughout this Programmatic Environmental Impact Report. Impacts would be significant and unavoidable.
BIO-1(a) Pre-Construction Biological Resources Assessment and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(b) Pre-Construction Nesting Bird Surveys, Avoidance, and Reporting. See Impact BIO-1 for mitigation measure.
BIO-1(c) Construction Best Management Practices. See Impact BIO-1 for mitigation measure.
BIO-2(a) Riparian Habitat and Sensitive Natural Communities Protection. See Impact BIO-2 for mitigation measure.
BIO-2(b) Jurisdictional Delineation Survey and Report. See Impact BIO-1 for mitigation measure..
BIO-2(c) Compensatory Mitigation. See Impact BIO-1 for mitigation measure.
BIO-5(a) Tree Protection. See Impact BIO-5 for mitigation measure.
CUL-1 Prepare Historical Resources Evaluation Prior to Approval of Project Involving Structures 45 Years or Older and Implement Mitigation Prior to and During Construction. See Impact CUL-1 for mitigation measure.
CUL-2 Prepare Archaeological Resources Assessment Prior to Project Approval and Implement Mitigation Prior to and During Construction. See Impact CUL-2 for mitigation measure.
GEO-9 Paleontological Resources Assessment. See Impact GEO-9 for mitigation measure.
HAZ-1 Soil Management Plan. See Impact HAZ-1 for mitigation measure.
N-1 Construction Noise Reduction Measures. See Impact NOI-1 for mitigation measure.
N-2 Construction Vibration Control Plan. See Impact NOI-2 for mitigation measure.
Significant and unavoidable.
Transportation
Impact TRA-1. The proposed Project would be consistent with Connect SoCal 2024, the City of Agoura Hills General Plan 2035, and the Agoura Village Specific Plan. This impact would be less than significant.
None required. Less than significant.
Impact TRA-2. Construction activities associated with the proposed Project would not result in long-term trip generation, and any temporary increase in VMT would not substantially impact regional VMT. Active transportation projects generally reduce VMT. Therefore, the proposed Project is presumed to result in a less-than-significant impact.
None required. Less than significant.
Impact TRA-3. Due to the implementation of a traffic control plan during activities occurring within the roadway, construction would not substantially increase hazards due to a geometric design feature or incompatible use. Individual projects identified within the BMP would be designed to comply with the Caltrans Highway Design Manual. This impact would be less than significant.
None required. Less than significant.
Impact TRA-4. Due to the implementation of a traffic control plan during activities occurring within the roadway, construction would not result in inadequate emergency access. Coordination with the Agoura Hills Fire Department prior to design review and future project approval would ensure emergency access is maintained during operation. This impact would be less than significant.
None required. Less than significant.
Tribal Cultural Resources
Impact TCR-1. No tribal cultural resources were identified as a result of the City’s required AB 52 and SB 18 consultation processes. This impact would be less than significant.
None required. Less than significant.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
ES-14
This page left intentionally blank.
Introduction
Final Programmatic Environmental Impact Report 1-1
Introduction
This document is a Programmatic Environmental Impact Report (PEIR) for a proposed Bicycle Master Plan (BMP), VMT Mitigation Exchange and Banking Program (Program), and General Plan Amendments (Amendments) in the City of Agoura Hills. The proposed BMP, Program, and Amendments (hereafter referred to as the “proposed Project” or “Project”) are described in detail in Chapter 2, Project Description.
This chapter of the PEIR discusses the (1) EIR purpose and legal authority; (2) EIR scope, content, and format; (3) Project background; (4) public review and participation process; (5) lead, responsible, and trustee agencies; and (6) the environmental review process under the California Environmental Quality Act (CEQA).
1.1 PEIR Purpose and Legal Authority
The proposed Project requires discretionary approval by the Agoura Hills City Council; therefore, the Project is subject to the environmental review requirements of CEQA. In accordance with State CEQA Guidelines Section 15121(a) (California Code of Regulations [CCR], Title 14), the purpose of this PEIR is to serve as an informational document that:
“[…] will inform public agency decisionmakers and the public generally of the significant environmental effect of a project, identify possible ways to minimize the significant effects, and describe reasonable alternatives to the project.[…]”
This PEIR has been prepared pursuant to State CEQA Guidelines Section 15168(a). As stated therein, “[…] A Program EIR [PEIR] is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions; (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program, or (4) As individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways.” State CEQA Guidelines Section 15151 provides the following standards related to the adequacy of a PEIR:
“An EIR should be prepared with a sufficient degree of analysis to provide decisionmakers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among experts. The courts have looked not for perfection; but for adequacy, completeness, and a good faith effort at full disclosure. “
1.1.1 Streamlining Opportunities
Once a PEIR has been prepared, subsequent activities under the adopted program must be evaluated to determine what, if any, additional CEQA documentation needs to be prepared. If the City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-2
PEIR addresses the program’s effects as specifically and comprehensively as possible, many subsequent activities could be found to be within the PEIR scope and additional environmental documentation may not be required (State CEQA Guidelines Section 15168(c)). When a PEIR is relied upon for a subsequent activity, the Lead Agency must incorporate feasible mitigation measures and alternatives developed in the PEIR into the subsequent activities (State CEQA Guidelines Section 15168(c)(3)). If a subsequent activity would result in additional impacts not addressed in the PEIR, the Lead Agency must prepare a new Initial Study leading to a Negative Declaration, Mitigated Negative Declaration, or project-level EIR. In this case, the PEIR still serves a valuable purpose as the first-tier of environmental analysis. This tiering method helps streamline the CEQA process for future projects proposed in the BMP.
Other future streamlining opportunities include the following Categorical and Statutory Exemptions:
1.1.1.1 Categorical Exemptions
Class 1 (Section 15301): Covers the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, or topographical features, including existing bike trails.
Class 4 (Section 15304): Includes minor alterations to land, such as the creation of bicycle lanes on existing roadways, provided they do not involve the removal of mature, scenic trees.
1.1.1.2 Statutory Exemptions
Section 21080.20: As amended by Senate Bill 922, exempts bicycle transportation plans prepared pursuant to the Streets and Highways Code Section 891.2, situated in urban areas.
This includes plans for restriping roadways for bike lanes, bicycle parking and storage, signal timing, and related signage.
Section 21080.20.5: Specifically covers highway restriping for bike lanes done pursuant to a bicycle transportation plan.
Section 21080.25: As amended by Senate Bill 922, applies to projects in urbanized areas and along public rights-of-way, including pedestrian and bicycle facilities, transit prioritization projects, and conversion of existing highway lanes to bus-only lanes.
1.2 EIR Scope, Content, and Format
This PEIR includes discussions of environmental impacts related to several issue areas. The analysis of environmental impacts identifies impacts by category: significant and unavoidable, significant but mitigable, less than significant, and no impact. It proposes mitigation measures, where feasible, for identified significant environmental impacts to reduce such impacts. The responsible agency for each mitigation measure is identified. It is the responsibility of the lead agency implementing specific projects to conduct the necessary environmental review consistent with CEQA and, where applicable, incorporate the mitigation measures provided herein and developed to minimize environmental impacts and/or reduce impacts to less than significant.
This PEIR has been organized into seven sections, which include:
Introduction. Provides the statement of purpose, a description of the type of environmental document, and information about the PEIR content, format, and public review process.
Project Description. Discusses the Project objectives, Project locations, and specific Project components.
Introduction
Final Programmatic Environmental Impact Report 1-3
Environmental Setting. Provides a description of the existing physical setting of the city, a description of the city transportation system, and the PEIR baseline and approach to direct and cumulative analyses.
Environmental Impact Analysis. Describes existing conditions found in the Project area and assesses environmental impacts that may be generated by implementing the proposed Project and cumulative development in and near the Project area. These Project impacts are compared to “thresholds of significance” in order to determine the nature and severity of the direct and indirect impacts. Mitigation measures, intended to reduce adverse significant impacts below threshold levels, are proposed where feasible. Impacts that cannot be avoided or mitigated to less-than-significant levels are also identified.
Other CEQA-Required Discussions. Analyzes the spatial, economic, or population growthinducing impacts that may result from implementation of the proposed Project, as well as longterm effects of the Project and significant irreversible environmental changes.
Alternatives. Presents and assesses the environmental impacts of three alternatives including a no Project alternative and up to two Project alternatives that would achieve most of the Project objectives.
References/Preparers. Lists all published materials, federal, State, and local agencies, and other organizations and individuals consulted during the preparation of this PEIR. It also lists the PEIR preparers.
1.3 Project Background
In the Fall of 2021, the City of Agoura Hills began developing the draft BMP to build upon the city’s existing bicycle routes and bicycle lanes. In August 2022, a draft of the BMP was released to the public for review and input. The final draft BMP was released in August 2025. The final draft BMP proposes a vision of a diverse network of interconnected bicycle corridors and support facilities that aim to link local and regional destinations and make biking more practical and desirable for a broader range of people. Following certification of this PEIR, the City of Agoura Hills would implement the proposed BMP in an effort to achieve the following goals:
1) Increase transportation choices,
2) Improve accessibility,
3) Improve safety,
4) Improve public health,
5) Enhance sustainability and environmental benefits, and 6) Enhance community character.
The BMP is consistent with regional, citywide, and neighborhood-specific plans, and proposes new bicycle facility projects to enhance the safety and connectivity of existing bicycle infrastructure.
Proposed bicycle facilities included within the BMP are categorized into classes defined by the California Department of Transportation (Caltrans) as the following (Caltrans 2020):
Class I Bikeway (Bike Path). Bike paths are used to serve corridors not served by streets and highways or where wide right-of-way exists, permitting such facilities to be constructed away from the influence of parallel streets. Bike paths offer opportunities not provided by the road system. They can either provide a recreational opportunity, or in some instances, can serve as direct commute routes if cross flow by motor vehicles and pedestrian conflicts can be City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-4
minimized. The most common applications are along rivers, ocean fronts, canals, utility right-ofway, abandoned railroad right-of-way, within school campuses, or within and between parks.
Another common application of Class I facilities is to close gaps to bicycle travel caused by construction of freeways or because of the existence of natural barriers (rivers, mountains, etc.).
Type 11 and Type 22 electric bicycles (E-bikes) are allowed on Class I facilities under California law.
Class II Bikeway (Bike Lane). Bike lanes are established along streets in corridors where there is significant bicycle demand, and where there are distinct needs that can be served by them. Bike lanes are intended to delineate the right-of-way assigned to bicyclists and motorists and to provide for more predictable movements by each. Bike lanes can also better accommodate bicyclists through corridors where insufficient room exists for side-by-side sharing of existing streets by motorists and bicyclists. Type 1, Type 2, and Type 33 E-bikes are allowed on Class II facilities under California law.
Class III Bikeway (Bike Route). Bike routes are shared facilities which serve either to provide continuity to other bicycle facilities (usually Class II bikeways) or to designate preferred routes through high demand corridors. Normally, bike routes are shared with motor vehicles. The use of sidewalks as Class III bikeways is strongly discouraged. Type I, Type II, and Type III E-bikes and mopeds are allowed on Class III facilities under California law. Class IV Bikeway (Separated Bikeway). A separated bikeway is a bikeway for the exclusive use of bicycles and includes a separation required between the separated bikeway and the through vehicular traffic. The separation may include, but is not limited to, grade separation, flexible posts, inflexible posts, inflexible barriers, or on-street parking. Type I and Type II E-bikes are allowed on Class IV facilities under California law.
1.4 Public Review and Participation Process
In compliance with State CEQA Guidelines Section 21092, the City, as the Lead Agency responsible for the proposed Project, solicited preliminary public comments through distribution of a Notice of Preparation (NOP) of the PEIR for a 30-day agency and public review period starting on January 13, 2025, and ending on February 12, 2025. In addition, the City held a PEIR Scoping Meeting on February 6, 2025. The meeting was aimed at providing information about the proposed Project to members of public agencies, interested stakeholders, residents, and community members. The meeting was held during the Planning Commission Hearing at the City of Agoura Hills Civic Center, Council Chambers.
The city received letters from four agencies in response to the NOP during the public review period.
The NOP is presented in Appendix A of this EIR, along with the NOP responses received. Table 1-1, below, summarizes the content of each letter and indicates where the issues raised are addressed in the PEIR. Comments that only indicated support or concern for the Project, but did not identify issues to be considered within the EIR, are not included in Table 1-1, but can be reviewed in Appendix A.
1 Type 1 E-bikes have a motor but must be pedaled to operate; the motor ceases to provide assistance when the E-bike reaches a top speed of 20 miles per hour (mph) 2 Type 2 E-bikes can be operated by a motor without pedaling through the use of a throttle mounted on the handlebars; the motor ceases to provide assistance when the E-bike reaches a top speed of 20 mph. 3 Type 3 1 E-bikes have a motor but must be pedaled to operate; the motor ceases to provide assistance when the E-bike reaches a top speed of 28 mph. These E-bikes must be equipped with a speedometer.
Introduction
Final Programmatic Environmental Impact Report 1-5
Table 1-1 NOP Comments and PEIR Response
Commenter Comment/Request Where It Was Addressed
Agency Comments
California Department of Fish and
Wildlife (CDFW)
The commenter requests disclosure and explains that the PEIR should provide an adequate, complete, and detailed disclosure about the effects which a proposed Project is likely to have on the environment (Pub. Resources Code, Section 20161; State CEQA Guidelines Section 15151).
In accordance with Public Resources Code Section 20161 and State CEQA Guidelines Section 15151, this EIR provides an adequate, complete, and detailed disclosure of the Project’s environmental impacts in Sections 4.1 through 4.13. Significant and unavoidable impacts would occur for the following topics: Cultural Resources. Less than significant impacts with mitigation would occur for the following topics: Biological Resources, Geology and Soils, Hazards and Hazardous Materials, and Noise. Less than significant impacts would occur for the following topics: Aesthetics, Agriculture and Forestry Resources, Air Quality, Energy, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Transportation, Utilities and Service Systems, and Wildfire.
The commenter recommends the Project Description
include a discussion of purpose and need and a
description of the proposed Project.
The Project’s objectives, as well as a description of proposed Project activities, are discussed in Chapter 2, Project Description.
The commenter recommends the Alternatives be
thoroughly evaluated in accordance with State CEQA
Guidelines Section 15126.6; consider a range of feasible alternatives to the Project location to minimize or avoid direct and indirect impacts to sensitive biological
resources; consider appropriate setbacks from sensitive and special status biological resources and minimize
Project footprint to retain unobstructed spaces; and
consider designs and alternatives that fully avoid impacts to aquatic and riparian resources.
Project alternatives, which include a range of feasible alternatives that would minimize environmental impacts, including impacts related to biological resources, are discussed in Chapter 6, Alternatives. Direct and indirect impacts to sensitive biological resources are discussed in Section 4.3, Biological Resources.
The commenter recommends the biological baseline
assessment include information on regional setting,
Sensitive Natural Communities, and a minimum ninequadrangle search of CDFW’s California Natural Diversity Database to identify potential special-status plant and wildlife species. The commenter also recommends the
biological baseline assessment include a thorough, recent, floristic-based assessment of special-status plants and The biological baseline assessment, including information about regional setting, Sensitive Natural Communities, and special-status species, can be found in Section 4.3, Biological Resources. Given the programmatic nature of this EIR, field surveys were not conducted as a part of the biological baseline assessment.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-6
Commenter Comment/Request Where It Was Addressed
natural communities conducted multiple times
throughout the growing season, floristic alliance- and/or association-based mapping, and a recent wildlife and rare plant survey.
The commenter recommends the PEIR should address
direct and indirect impacts to biological resources
including potential impacts from lighting, noise,
temporary and permanent human activity, and exotic
species; discussion of both the short-term and long-term effects of the Project on species population distribution and concentration, as well as alterations of the ecosystem supporting those species impacted; and impacts on, and
maintenance of, wildlife corridor/movement areas
Direct and indirect impacts and short-term and long-term effects to biological resources, as well as the mitigation measures required to offset such impacts, are discussed in Section 4.3, Biological Resources.
The commenter recommends the PEIR should address
direct and indirect impacts to biological resources
including a discussion of post-Project fate of drainage patterns, surface flows, and soil erosion and/or
sedimentation in streams and water bodies.
Impacts to wetlands, streams, and riparian habitats are discussed in Section 4.3, Biological Resources. Impacts related to drainage patterns, surface flows, and soil erosion and sedimentation are discussed in Section 4.7, Hydrology and Water Quality.
The commenter recommends the PEIR should address
direct and indirect impacts to biological resources
including analysis of impacts from proposed changes to
land use designations and zoning located near areas that may inadvertently contribute to wildlife-human
interactions.
Impacts to biological resources are discussed in Section 4.3, Biological Resources. Impacts related to land use and zoning are discussed in Section 4.8, Land Use and Planning.
The commenter recommends that cumulative impacts to
biological resources be analyzed.
Cumulative impacts to Biological Resource are discussed in Section
4.3.4, Biological Resources, Cumulative Impacts.
The commenter recommends that to avoid impacts to
nesting birds, clearing of vegetation occur outside of the peak avian breeding season; If Project construction is
necessary during the bird breeding season, a qualified
biologist with experience in conducting breeding bird
surveys should conduct a nesting bird survey within three days prior to work in the area and if an active nest is identified, a buffer shall be established between the
construction activities and the nest so that nesting
activities are not interrupted
Impacts to nesting birds during construction and operation, as well as recommended mitigation to protect nesting birds, are discussed in Section 4.3, Biological Resources.
Introduction
Final Programmatic Environmental Impact Report 1-7
Commenter Comment/Request Where It Was Addressed
The commenter states that mitigation measures must be
feasible, effective, implementable, and fully
enforceable/imposed by the lead agency through permit
conditions, agreements, or other legally binding
instruments (State CEQA Guidelines, § 15126.4).
Mitigation measures should be specific and detailed
(CEQA Guidelines, § 15097) and include discussion of
significant effects of proposed mitigation measures if
applicable (State CEQA Guidelines, § 15126.4(a)(1)).
In accordance with State CEQA Guidelines Sections 15126.4, 15097, and 15126.4(a)(1), the necessary mitigation measures identified in Section 4.3, Biological Resources, are feasible, effective, implementable, fully enforceable, and specific. The mitigation measures identified in Section 4.3, Biological Resources, would not result in secondary significant impacts.
The commenter states that the PEIR should include
compensatory mitigation measures for the Project’s
significant and unavoidable impacts prioritizing avoidance and minimization of impacts, on-site habitat restoration or enhancement, and then off-site mitigation through
habitat creation and/or acquisition and preservation in perpetuity via a conservation easement.
Impacts to biological resources are discussed in Section 4.3, Biological Resources. As identified therein, there would be no significant and unavoidable impacts to biological resources associated with implementation of the BMP. Mitigation Measure BIO-1 describes the need for compensatory mitigation at a minimum ratio appropriate for the extent and quality of permanently disturbed habitat, should implementation of future bicycle facilities result in impacts to special-status species habitat. Further, Mitigation Measure BIO-6 describes the need for compensatory mitigation if implementation of future bicycle facilities results in impacts to riparian habitat, sensitive natural communities, and/or state or federally protected wetlands.
The commenter states that the PEIR should include
measures to protect proposed mitigation lands’ habitat
values in perpetuity.
Impacts to biological resources and necessary mitigation measures are discussed in Section 4.3, Biological Resources.
The commenter states that take of any endangered,
threatened, candidate species, or NPPA-listed plant
species that results from the Project is prohibited, except as authorized by state law. CDFW considers adverse
impacts to a species protected by California Endangered Species Act (CESA) to be significant.
Impacts to endangered, threatened, candidate species, or NPPAlisted plant species are discussed in Section 4.3, Biological Resources.
The commenter states that CDFW does not support the
use of translocation and transplantation of salvage plant and animal species as the primary mitigation strategy for unavoidable impacts to endangered, rare, or threatened
plants and animals.
Impacts to biological resources and necessary mitigation measures are discussed in Section 4.3, Biological Resources. The act of translocation or transportation of salvage plant and animal species would not be used as a Mitigation Measure for the proposed Project.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-8
Commenter Comment/Request Where It Was Addressed
The commenter states that a qualified biologist(s) must obtain a Scientific Collecting Permit to capture,
temporarily possess, and relocate wildlife to avoid harm or mortality in connection with Project-related activities.
Impacts to biological resources and necessary mitigation measures are discussed in Section 4.3, Biological Resources. The Project would not require the capture, temporary possession, or relocation of wildlife.
The commenter states that if the Project will require
diversion or obstruction of the natural flow, bed, channel, or bank, the Project applicant (or “entity”) must provide written notification to CDFW pursuant to section 1600 et seq. of the Fish and Game Code. Based on this notification and other information, CDFW determines whether a Lake
and Streambed Alteration Agreement (LSAA) is required
prior to conduction proposed activities.
Required Permits and Approvals are identified in Chapter 2, Project Description.
The commenter states that CDFW, as described in Fish
and Game Code section 703(a), is guided by the Fish and Game Commission’s (Commission) policies. Through its
Wetlands Resources policy, the commission prefers
mitigation which would achieve expansion and
enhancement of wetland acreage and values, and at least meet a “no net loss” of wetland acreage and values.
Recommends prioritizing avoidance and minimization of
impacts first, then mitigation measures that assure a “no net loss” of either wetland habitat values or acreage.
Impacts to biological resources and necessary mitigation measures are discussed in Section 4.3, Biological Resources.
The commenter recommends avoidance of water
practices and structures that use excessive amounts of
water, and minimization of impacts that negatively affect water quality, to the extent feasible.
Impacts related to water use and water quality control are discussed in Section 4.7, Hydrology and Water Quality.
The commenter recommends the City provide a native
plant and high-pollinator value palette for the Project. The Project’s landscaping plan should be disclosed and
evaluated in the PEIR for potential impacts on biological resources such as natural communities adjacent to the
Project site.
Impacts to biological resources and necessary mitigation measures are discussed in Section 4.3, Biological Resources. Given the programmatic nature of the BMP and this PEIR, and given that existing design plans of proposed improvements are still conceptual, landscaping pallets are not currently available. However, Mitigation Measure BIO-6 requires the use of a native plant palette.
Introduction
Final Programmatic Environmental Impact Report 1-9
Commenter Comment/Request Where It Was Addressed
City of Calabasas The commenter requests to be invited to any public Project meetings related to the Project or the
environmental document.
The City of Agoura Hills will invite City of Calabasas to any future public Project meetings related to the document. The City of Agoura Hills will provide copies of the draft BMP and draft PEIR to the City of Calabasas. The commenter requests copies of the draft Bicycle Master Plan and the draft environmental document for
review when available.
County of Ventura Planning Division The commenter requests to be contacted to coordinate striping, signage, and wayfinding for bicyclists when there is a transition from a Class ll to a Class lV bike facilities between County and City portions of Kanan Road in
accordance with County Policy CTM-3.8.
The City of Agoura Hills will coordinate transition striping, signage, and wayfinding with the County of Ventura Planning Division, and will notify VCTC when improvements along Kanan Road are completed.
The commenter requests notification be provided to
Ventura County Transportation Commission (VCTC) when
improvements along Kanan Road are completed.
Ventura County Air Pollution Control
District
Due to the proximity of the Project to the City of
Thousand Oaks residential neighborhoods and
unincorporated Oak Park residential areas, the
commenter requests the EIR consider the potential for
fugitive dust generated from grading/construction
activities in constructing bike paths near these areas in the Project DEIR’s Air Quality Section. The commenter
requests the EIR identify what measures will be taken to ensure impacts remain low, including the potential for
compliance-driven violations of VCAPCD Rules 50,
Opacity, Rule 51, Nuisance, and Rule 55, Fugitive Dust
Impacts related to Air Quality, including impacts related to fugitive dust from Project grading and construction activities, and necessary mitigation measures are discussed in Section 4.2, Air Quality.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-10
1.5 Lead, Responsible, and Trustee Agencies
The CEQA Guidelines require the identification of “lead,” “responsible,” and “trustee” agencies. The City of Agoura Hills is the “Lead Agency” for the proposed Project because it has the principal responsibility for approving the Project.
A “responsible agency” is a public agency other than the “Lead Agency” that has discretionary approval authority over certain components of a project (the State CEQA Guidelines define a public agency as a State or local agency, but specifically exclude federal agencies from the definition).
Caltrans is a responsible agency for the proposed Project.
A “trustee agency” refers to a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. CDFW is a trustee agency for the proposed Project.
1.6 Environmental Review Process
The environmental impact review process, as required under CEQA, is summarized below and illustrated in Figure 1-1. The steps are presented in sequential order.
Notice of Preparation. After deciding that a PEIR is required, the lead agency (City of Agoura Hills) must file an NOP soliciting input on the PEIR scope to the State Clearinghouse, other concerned agencies, and parties previously requesting notice in writing (State CEQA Guidelines Section 15082; Public Resources Code [PRC] Section 21092.2). The NOP must be posted in the County Clerk’s office for 30 days.
Draft PEIR Prepared. The Draft PEIR must contain: a) table of contents or index; b) summary; c) project description; d) environmental setting; e) discussion of significant impacts (direct, indirect, cumulative, growth-inducing and unavoidable impacts); f) a discussion of alternatives; g) mitigation measures; and h) discussion of irreversible changes.
Notice of Completion. The lead agency must file a Notice of Completion (NOC) with the State Clearinghouse when it completes a Draft PEIR and prepare a Public Notice of Availability of a Draft PEIR. The lead agency must place the NOC in the County Clerk’s office for 30 days (PRC Section 21092) and send a copy of the NOC to anyone requesting it (State CEQA Guidelines Section 15087). Additionally, public notice of Draft PEIR availability must be given through at least one of the following procedures: a) publication in a newspaper of general circulation; b) posting on and off the project site; and c) direct mailing to owners and occupants of contiguous properties. The lead agency must solicit input from other agencies and the public and respond in writing to all comments received (PRC Sections 21104 and 21253). The public review period for a Draft PEIR is 45 days.
Final PEIR. A Final PEIR must include: a) the Draft PEIR; b) copies of comments received during public review; c) list of persons and entities commenting; and d) responses to comments.
Certification of Final PEIR. Prior to making a decision on a proposed project, the lead agency must certify that: a) the Final PEIR has been completed in compliance with CEQA; b) the Final PEIR was presented to the decision-making body of the lead agency; and c) the decision-making body reviewed and considered the information in the Final PEIR prior to approving a project (State CEQA Guidelines Section 15090).
Introduction
Final Programmatic Environmental Impact Report 1-11
Lead Agency Project Decision. The lead agency may a) disapprove a project because of its significant environmental effects; b) require changes to a project to reduce or avoid significant environmental effects; or c) approve a project despite its significant environmental effects, if the proper findings and statement of overriding considerations are adopted (State CEQA Guidelines Sections 15042 and 15043).
Findings/Statement of Overriding Considerations. For each significant impact of a project identified in the PEIR, the lead agency must find, based on substantial evidence, that either: a) a project has been changed to avoid or substantially reduce the magnitude of the impact; b) changes to a project are within another agency’s jurisdiction and such changes have or should be adopted; or c) specific economic, social, or other considerations make the mitigation measures or project alternatives infeasible (State CEQA Guidelines Section 15091). If an agency approves a project with unavoidable significant environmental effects, it must prepare a written Statement of Overriding Considerations that sets forth the specific social, economic, or other reasons supporting the agency’s decision.
Mitigation Monitoring Reporting Program. When the lead agency makes findings on significant effects identified in the PEIR, it must adopt a reporting or monitoring program for mitigation measures that were adopted or made conditions of project approval to mitigate significant effects.
Notice of Determination. The lead agency must file a Notice of Determination (NOD) within five days of deciding to approve a project for which an PEIR is prepared (State CEQA Guidelines Section 15094). A local agency must file the NOD with the County Clerk. The NOD must be posted for 30 days and sent to anyone previously requesting notice. Posting of the NOD within five days starts a 30-day statute of limitations on CEQA legal challenges (PRC Section 21167[c]).
Posting of the NOD after five days, or failure to post the NOD, results in a 180-day statute of limitations on CEQA legal challenges (PRC Section 21167[d]).
City of Agoura Hills
Agoura Hills Bicycle Master Plan
1-12
Figure 1-1 Environmental Review Process
Project Description
Final Programmatic Environmental Impact Report 2-1
2 Project Description
This section describes the proposed Project, including the Project proponent, lead agency contact, major Project components, Project location, Project objectives, and discretionary actions needed for approval.
2.1 Project Proponent
City of Agoura Hills (City)
Public Works Department
30001 Ladyface Court
Agoura Hills, California 91301
2.2 Lead Agency Contact Person
Charmaine Yambao, Senior Civil Engineer
City of Agoura Hills, Public Works Department
30001 Ladyface Court
Agoura Hills, California 91301
[email protected]
2.3 Overview of Project Components
The proposed Project includes the following components:
Bicycle Master Plan (BMP). This Plan proposes 30.1 miles of new bikeways and bikeway improvements to build upon the city’s existing 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes. The BMP proposes a vision of a diverse network of interconnected bicycle corridors, support facilities, and programs that aim to link local and regional destinations and make biking more practical and desirable for a broader range of people. Impacts associated with the BMP are assessed programmatically throughout this environmental document. The individual projects included within the BMP would be reviewed on a project-by-project basis as they are proposed and as the extent of their impacts becomes better understood through development of project design to determine if additional CEQA analysis is required. a. Medea Creek Path (Path). The Medea Creek Path consists of a two-mile bicycle path along the Medea Creek Channel. As the City seeks to prioritize implementation of the Medea Creek Path, conceptual design plans have been developed which allow for a more specific assessment of environmental impacts.
b. Agoura High School Connection (Connection). Similar to the Path, the City seeks to prioritize implementation of the Agoura High School Connection, which consists of a 0.2- mile bicycle path from the intersection of Argos Street and Thousand Oaks Boulevard to the intersection of Easterly Road and Fountain Place. As such, conceptual design plans have been developed which allow for a more specific assessment of environmental impacts.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-2
VMT Mitigation Exchange and Banking Program (Program). The Program would establish a mitigation opportunity for projects exceeding the vehicle miles traveled (VMT) threshold by allowing a developer or project proponent to purchase VMT reduction credits, which would in turn be used to fund the implementation of bicycle improvement projects identified within the Bicycle Master Plan. Impacts associated with the Program (i.e., implementation of the Bicycle Master Plan) are assessed programmatically throughout this environmental document.
General Plan Amendments (Amendments). To ensure the City of Agoura Hills General Plan is consistent with the Bicycle Master Plan, the Project would amend Chapter 3, Infrastructure and Community Services, of the existing General Plan. Impacts associated with the Amendments are assessed programmatically throughout this environmental document.
The BMP, Path, Connection, Program, and Amendments collectively are referred to as the Project or the proposed Project.
2.4 Project Location
The City of Agoura Hills (city) is located within the southwest portion of Los Angeles County in the region of Southern California. The city is bordered by unincorporated portions of Ventura County and the City of Thousand Oaks to the north and northwest, the City of Westlake Village to the west, the City of Calabasas to the east, and unincorporated portions of Los Angeles County to the south.
The United States Highway 101 (Ventura Freeway) provides regional access and bifurcates the southern portion of the city. The Project’s regional location is shown in Figure 2-1.
The BMP, Program, and Amendments envisioned under the proposed Project would encompass all of the City of Agoura Hills. Specific improvements within the BMP would be located in the areas identified in Figure 2-2. As shown in Figure 2-3 through Figure 2-10, the Path would extend along two miles of the Medea Creek Channel, from Agoura Road to the northern City of Agoura Hills and county of Los Angeles limits. As shown in Figure 2-11 and Figure 2-12, the Connection would extend for 0.35 mile from the intersection of Argos Street and Thousand Oaks Boulevard to the intersection of Easterly Road and Fountain Place.
Project Description
Final Programmatic Environmental Impact Report 2-3
Figure 2-1 Regional Location
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-4
Figure 2-2 Project Location
Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-5
Figure 2-3 Project Location Map - Medea Creek Path, Segment 1 of 8 Source: City of Agoura Hills 2024
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-6
Figure 2-4 Project Location Map - Medea Creek Path, Segment 2 of 8 Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-7
Figure 2-5 Project Location Map - Medea Creek Path, Segment 3 of 8 Source: City of Agoura Hills 2024
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-8
Figure 2-6 Project Location Map - Medea Creek Path, Segment 4 of 8 Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-9
Figure 2-7 Project Location Map - Medea Creek Path, Segment 5 of 8 Source: City of Agoura Hills 2024
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-10
Figure 2-8 Project Location Map - Medea Creek Path, Segment 6 of 8 Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-11
Figure 2-9 Project Location Map - Medea Creek Path, Segment 7 of 8 Source: City of Agoura Hills 2024
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-12
Figure 2-10 Project Location Map - Medea Creek Path, Segment 8 of 8 Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-13
Figure 2-11 Project Location Map - Agoura High School Connection, Segment 1 of 2 Source: City of Agoura Hills 2024
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-14
Figure 2-12 Project Location Map - Agoura High School Connection, Segment 2 of 2 Source: City of Agoura Hills 2024
Project Description
Final Programmatic Environmental Impact Report 2-15
2.5 Project Characteristics
2.5.1 Bicycle Master Plan
In the fall of 2021, the City of Agoura Hills began development of a Bicycle Master Plan, which proposes 30.1 miles of new bikeways and bikeway improvements to build upon the city’s existing
1.3 miles of bicycle routes and 9.2 miles of bicycle lanes (Figure 2-2). The purpose of the BMP is to provide safer streets for city residents who are dependent on bicycling for everyday transportation.
Recommended actions included within the BMP are meant to support and increase bicycling in the city, to enhance non-motorized travel infrastructure, and to create options to support the existing and future population. The BMP includes an inventory of existing bicycle infrastructure that identifies deficiencies, develops and prioritizes improvements, and provides a recommended path for implementation.
The BMP is organized into four chapters:
Introduction. This chapter includes an overview of the BMP, the purpose of the BMP, an overview of the BMP area and its context, goals of the Plan, and guidance and legislation applicable to the BMP.
Existing Conditions and Analysis. This chapter discusses the existing roadway conditions, land use, and other context-sensitive information within the city. This chapter includes sections on relevant datasets including bicycling mode share, existing and previously proposed bicycle facilities, and bicycle collisions.
Community Engagement. This chapter describes the community engagement process with stakeholders. Stakeholders included residents, city staff, local bicycling advocacy groups, the Las Virgenes Unified School District, the Los Angeles Sheriff’s Department, and local businesses.
Recommendations. This chapter addresses the physical improvements recommended to enhance bicycling in the city.
Of these four chapters in the BMP, Chapter 4, Recommendations, includes provisions with the potential to create physical changes to the environment and is the primary focus for analysis in this EIR. This chapter delineates the improvement locations, extent, and type of physical improvements to enhance bicycling within the city. Included are both “programmed” projects and “planned” projects. For purposes of analysis in this EIR, “programmed” projects include programmatic engineering, education, encouragement, enforcement, equity, and evaluation needs, while “planned” projects are those recommended for implementation within the next decade as funding becomes available. Planned bikeway projects included within Chapter 4, Recommendations, are identified in Table 2-1, below. In addition to the planned bikeway projects identified in Table 2-1, the following planned enhanced bicycle treatments are also included within Chapter 4, Recommendations:
Street Striping and Restriping
Signage and Wayfinding
Bicycle Signals and Detection at Traffic Signals
Bicycle Parking
Bicycle Repair Facilities
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-16
Table 2-1 Bicycle Master Plan Improvements
Facility From Street To Street Length (miles) Improvement Type Class I Facilities
Medea Creek Bike Path Agoura Road Northern City Limits 2.0 New Facility Agoura High School
Connection
Thousand Oaks
Boulevard
Fountain Place 0.2 New Facility
Ladyface Greenway Cornell Road Whizin Market Square
Driveway
0.1 New Facility
Reyes Adobe Road Lake Lindero Road 700 feet north of Lake Lindero Road
0.1 New Facility
Medfield Path Derry Avenue Lewis Road 0.2 New Facility
Class II Facilities
Driver Avenue Easterly Road Colodny Drive 0.5 New Facility Agoura Road Western City Limits Eastern City Limits 4.2 Class II Striping Improvements
Thousand Oaks
Boulevard
Kanan Road Carell Avenue 0.3 New Facility in the
Eastbound direction
between Argos Street
and Carell Avenue, New
Facility in the Westbound
direction between Carell
Avenue and Kanan Road
Liberty Canyon Road Country Glen Road Southern City Limits 0.4 New Facility Reyes Adobe Road Agoura Road Passageway Lane 0.3 New Facility Reyes Adobe Road Thousand Oaks
Boulevard
Passageway Lane 0.4 Class II Striping
Improvements
Forest Cove Lane Thousand Oaks
Boulevard
Rainbow Crest Drive 0.3 New Facility in
Southbound Direction
Cornell Road and
Cornell Way
Agoura Road Kanan Road 0.4 New Facility
Chesebro Road Agoura Road Palo Comado Canyon
Road
< 0.1 New Facility
Class III Facilities
Chesebro Road Palo Comado
Canyon Road
Northern City Limits 1.7 New Facility
Lake Lindero Road Canwood Street Reyes Adobe Road 1.1 New Facility Roadside Drive Kanan Road Lewis Road 1.1 New Facility
Driver Avenue and
Argos Street
Thousand Oaks
Boulevard
Easterly Road 0.6 New Facility
Driver Avenue/Palo
Comado Canyon Road
Colodny Road Chesebro Road 0.2 New Facility
Grey Rock Road and
Fountainwood Street
Quail Run Drive Acadia Avenue 1.9 New Facility
Lewis Road Driver Avenue Canwood Street 0.4 New Facility Lewis Road and Laura
la Plante Dr
Roadside Drive Agoura Road 0.5 New Facility
Balkins Drive Colodny Drive Chesebro Road 0.2 New Facility Project Description
Final Programmatic Environmental Impact Report 2-17
Facility From Street To Street Length (miles) Improvement Type Foothill Drive Driver Avenue Fairview Place 0.6 New Facility Fountain Place Easterly Road Foothill Drive 0.1 New Facility Fairview Place Chesebro Road Driver Avenue 1.1 New Facility Colodny Drive Fairview Place Driver Avenue 0.9 New Facility Hillrise Drive Meadow Vista Way Kanan Road 0.5 New Facility Laro Drive and
Calmfield Avenue
Grey Rock Road Eagleton Street 0.9 New Facility
Rustling Oaks Drive Fountainwood
Street
Southern Cul De Sac 0.5 New Facility
Derry Avenue Canwood Street Medfield Street 0.2 New Facility Eagleton Street Kanan Road Timberlane Street 0.5 New Facility Timberlane Street Eagleton Street Acadia Avenue 0.6 New Facility Cornell Road Roadside Drive Agoura Road 0.1 New Facility Kanan Road Agoura Road Southern City Limits 0.3 New Facility Rainbow View Drive
and Stonecrest Drive
Ridgebrook Drive Lake Lindero Drive 0.7 New Facility
Larboard Lane Rainbow View Drive Sandtrap Drive 0.2 New Facility Sandtrap Drive Wheelhouse Lane Rainbow Hill Road 0.3 New Facility Rainbow Hill Road Sandtrap Drive Rainbow View Drive 0.1 New Facility Mainmast Drive Lake Lindero Drive Rainbow Crest Drive < 0.1 New Facility Acadia Avenue and
Pinewood Avenue
Eagleton Street Tamarind Street 0.4 New Facility
Quail Run Drive and
Bridle Glen Street
Grey Rock Road Hillrise Drive 0.2 New Facility
Canwood Street Lake Crest Drive Driver Avenue/Palo
Comado Canyon Road
2.9 New Facility and
Improvements to Existing
Facilities
Class IV Facilities
Kanan Road Thousand Oaks
Boulevard
Northern City Limits 1.0 Proposed Change from
Class II to Class IV
Thousand Oaks
Boulevard
Western City Limits Kanan Road 2.0 Proposed Change from Class II to Class IV
*Class I (Bike Path): two-way facilities dedicated to nonmotorized users independent of the roadway. *Class II (Bike Lane): one-way facilities that dedicate some of the roadway right-of-way to bicyclists. *Class III (Bike Route): designated routes on low-speed, low-volume roadways. *Class IV (Separated Bikeway): on-street bicycle facilities that include horizontal and vertical buffer separation from vehicles.
2.5.1.1 Medea Creek Path
The Medea Creek Path would connect Agoura Road to the northern city and county limits. The Path would be constructed from asphalt concrete pavement for the length of the path between Agoura Road and the northern city and county limits, and trail widths along the entirety of the Path would range from 12 feet to 14 feet. The Path would require permanent easements and/or maintenance (land use) agreements from private development, the Los Angeles County Flood Control District (LACFCD), and the Las Virgenes Unified School District between Agoura Road and the Ventura City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-18
Freeway bridge. The City would acquire portions of the following rights-of-way to construct the Path:
Assessor’s Parcel Number (APN) 2048-011-056. This parcel is zoned as Restricted Open Space (OS-R) and consists of vacant land.
APN 2048-011-057. This parcel is partially zoned as OS-R and partially zoned as Commercial Retail/Service and consists of vacant land.
APN 2048-011-058. This parcel is zoned as OS-R and consists of vacant land. APN 2048-007-004. This parcel is zoned as Open Space - Deed Restricted and consists of vacant land.
Construction of the Path would involve the following activities, summarized by location. Refer to Figure 2-3 through Figure 2-10 for an overview of the conceptual plans showing detailed project activities for each section of the Path.
Agoura Road
Partial removal of an existing driveway and construction of a bicycle/pedestrian access ramp on the north side of Agoura Road.
Construction of a 12-foot-wide Class I Bike Path along Medea Creek Channel from Agoura Road to Roadside Drive.
Roadside Drive, Ventura Freeway, Canwood Street
Construction of an access/transition ramp on the southern side of Roadside Drive. Construction of a bicycle/pedestrian undercrossing under Roadside Drive, Ventura Freeway, and Canwood Street.
Installation of chain link fencing along the western side of the undercrossing. Construction of a wall on the eastern side of the undercrossing. Construction of a 14-foot-wide Class I Bike Path along Medea Creek Channel from Canwood Street to Oak Creek Lane, with a wall and fencing on the western side of the path.
Oak Creek Lane
Construction of a bicycle/pedestrian undercrossing under Oak Creek Lane. Construction of a 14-foot-wide Class I Bike Path along Medea Creek Channel from Oak Creek Lane to the northeastern side of an existing overcrossing on APN 2048-007-004.
Kanan Road
Protect existing pavement in place with new striping on Medea Creek Trial, resulting in a12- foot-wide Class I Bike Path from the southwestern side of an existing overcrossing on APN 2048- 007-004 to Kanan Road.
Removal of an existing curb ramp on the eastern side of Kanan Road. Construction of a bicycle/pedestrian access ramp on the eastern side of Kanan Road. Construction of a steel barricade and directory signage on the western side of Kanan Road. Construction of a 12-foot-wide Class I Bike Path along Medea Creek Channel from Kanan Road to Thousand Oaks Boulevard, with chain link fencing on the western side of the path.
Project Description
Final Programmatic Environmental Impact Report 2-19
Thousand Oaks Boulevard
Construction of a bicycle/pedestrian access ramp and installation of a pedestrian push button on the southern side of Thousand Oaks Boulevard.
Partial removal of existing driveway, construction of a bicycle/pedestrian access ramp, and installation of a pedestrian push button on the northern side of Thousand Oaks Boulevard. Restriping of Thousand Oaks Boulevard to include a new crosswalk. Modification of the median and relocation of the median monument to the west of the proposed crosswalk to allow for construction of a refuge island within the existing median. Installation of hawk signals in the northern and southern sidewalks, east of the proposed crosswalk.
Construction of a 12-foot-wide Class I Bike Path from Thousand Oaks Boulevard to a proposed access/transitional ramp in the southern portion of APN 2051-011-911, with chain link fencing on the western side of the path.
Construction of a 14-foot-wide Class I Bike Path from the proposed access/transitional ramp in the southern portion of APN 2051-011-911 to Laro Drive, with a wall and fence on the western side of the path and chain link fencing on the eastern side of the path.
Laro Drive
Partial removal of an existing curb ramp and construction of bicycle/pedestrian access ramp on the southern side of Laro Drive.
Partial removal and reconstruction of a pedestrian curb ramp and construction of an access ramp on the northern side of Laro Drive.
Restriping of Laro Drive to include a new crosswalk.
Construction of a 14-foot-wide Class I Bike Path along Shadycreek Drive with a landscape buffer on the eastern side of the path from Laro Drive to the residences near the intersection of Shadycreek Drive and Fountainwood Street. The landscape buffer would end near these residences, and the path would continue around the west side of the residences to Fountainwood Street, with a wall and fence on the western side of the path.
Shadycreek Drive and Fountainwood Street
Construction of bicycle/pedestrian access ramps on the northern and southern sides of Fountainwood Street.
Restriping of Fountainwood Street to include a new crosswalk. Construction of a 14-foot-wide Class I Bike Path from Fountainwood Street to the northern city and county limits, with a wall and fence on the western side of the path.
2.5.1.2 Agoura High School Connection
The Agoura High School Connection would extend from the intersection of Argos Street and Thousand Oaks Boulevard to the intersection of Easterly Road and Fountain Place. Trail widths along the entirety of the Class I Bike Path would range from 12-feet to 14-feet. An easement from Las Virgenes Unified School District property (APN 2048-008-901) would be required for the Connection. Construction of the Connection would involve the following activities, summarized by City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-20
location. Refer to Figure 2-11 and Figure 2-12 for an overview of the conceptual plans showing detailed project activities for each section of the Connection.
Argos Street and Thousand Oaks Boulevard
Modification of the median, and shifting of the southern median edge, on Thousand Oaks Boulevard, west of Argos Street, to minimize intersection shift. Relocation of the existing signal head in the westbound travel lanes on Thousand Oaks Boulevard west of Argos Street to align with the new proposed left turn lane configuration. Reconfiguration and restriping of the westbound left turn lane on Thousand Oaks Boulevard east of Argos Street.
Modification of the westbound traffic signal loops to align with the new left turn lane configuration.
Construction of a 12-foot-wide Class I Bike Path along Thousand Oaks Boulevard from Argos Street to the eastern end of Thousand Oaks Boulevard, with a wall and fencing on the southern side of the path. Near the southeastern corner of the Argos Street and Thousand Oaks Boulevard intersection, the proposed path would extend into the existing street by approximately five feet. Existing angled parking would remain along the southern side of Thousand Oaks Boulevard but would be restriped to accommodate this widening. Removal of the existing decorative bollard and construction of a sidewalk connection to the proposed path on the southeastern corner of the Argos Street and Thousand Oaks Boulevard intersection.
Thousand Oaks Boulevard and Carell Avenue
Construction of a concrete sidewalk extension parallel to the eastern end of Thousand Oaks Boulevard, connecting to the existing sidewalk on the northern side of Thousand Oaks Boulevard.
Construction of a 14-foot-wide Class I Bike Path from the proposed sidewalk extension to Easterly Road.
Easterly Road
Construction of a bicycle/pedestrian access ramp on the western side of Easterly Road.
2.5.2 VMT Mitigation Exchanges and Banking Program
The VMT Mitigation Exchanges and Banking Program would establish a new mitigation opportunity for projects exceeding the VMT threshold by allowing a developer or project proponent to purchase VMT reduction credits, which would in turn be used to fund the implementation of bicycle improvement projects identified within the BMP. The exchange concept relies on the applicant of a discretionary project agreeing to implement a predetermined, unfunded, and planned VMTreducing project or project component. Like all VMT mitigation, substantial evidence would be necessary to demonstrate that the projects covered by the bank would achieve expected VMT reductions, and some form of monitoring may be required (Fehr and Peers 2020).
Project Description
Final Programmatic Environmental Impact Report 2-21
The only projects that are currently planned, unfunded, and could potentially be funded by this Program are those currently included within the BMP. Therefore, this EIR analyzes the impacts of both the BMP and the Program, as the individual project list for the BMP and the Program are identical.
2.5.3 General Plan Amendments
The City must amend Chapter 3, Infrastructure and Community Services, of the existing City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. The following revisions would be proposed as part of the Amendments, with additions shown in underline and deletions shown in strikethrough. In addition to these textual revisions, Figure M-7 would be revised to Figure 2-2 of this EIR to provide an updated overview of the existing and proposed bicycle network within the City of Agoura Hills.
Page 3-1. The goals and policies in this element are closely correlated with Land Use and Economic Development goals and policies. The policies are intended to create a well-connected network that supports a mix of uses, walking or bicycling for short trips, conserving energy resources, reducing greenhouse gas emissions and air pollution, and reducing vehicle miles traveled and doing so while preserving auto mobility.
Page 3-16. LOS standards will continue to be used for City public works projects and for private development projects that include frontage improvements (bike lanes, turn lanes) leading into an intersection. Intersection and roadway traffic deficiencies adjacent to impacts from new development projects shall be mitigated to meet appropriate service levels, but at least to the extent where the post-development level of service shall not be less than the LOS existing prior to development. (Imp M-2, M-3)
Page 3-17. M-1.10 Transportation Demand Management. Development projects shall be evaluated following the methodology of the City of Agoura Hills: Transportation Assessment Guidelines, adopted June 24, 2020.
Page 3-20. Future developments can provide the necessary amenities, such as expanding the existing bicycle network and adding bicycle racks to promote travel by alternative modes. Pages 3-20 and 3-21. People walk and ride bicycles in Agoura Hills on a daily basis, for both commuting and recreational purposes. The local mountain biking trails are popular for residents and attract many visitors to the area. In addition to the trails, designated bikeways are available in the City. The bikeways within the City are comprised of Class II and Class III facilities, which are shared facilities on the roadways, and, respectively, delineated by either signage and striping or signage only. Figure M-7 (Bikeways) displays the existing and proposed bikeways in the City of Agoura Hills. The City’s bikeway facilities are classified using the Caltrans bikeway facility classification system as follows:
Class I Bikeway (Bike Path) provides a completely separate right-of-way, two-way facility, and is designated for the exclusive use of non-motorized users independent of the roadway bicycles and pedestrians with vehicle and pedestrian cross-flow minimized. Bike Paths are generally minimum 10 feet wide to preferred 14 feet wide for two-way travel. Class II Bikeway (Bike Lane) provides a restricted right-of-way and is designated for the use of bicycles with a striped lane on a street or highway. Bicycle lanes are generally minimum four five feet wide to preferred six feet wide for one-way travel. Vehicle parking and vehicle/pedestrian cross-flow are permitted.
Class III Bikeway (Bike Route) provides for a right-of-way designated by signs or pavement markings for shared use with pedestrians or motor vehicles.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-22
Class IV Bikeway (Separated Bikeway) provides on-street bike facilities that include a vertical and horizontal separation buffer and includes bollards, posts, or a raised island to separate the bicycle lane from vehicles.
Page 3-25. Recommendations to improve the safety and connectivity of bikeways throughout Agoura Hills and to adjacent areas are made in the Agoura Hills Bicycle Master Plan (2025).
These recommendations and standards align with the overarching goals of the General Plan to further the use of alternative modes of transportation by expanding the existing bike routes and improving the safety and connectivity of the network. Existing bicycle facilities in Agoura Hills are: The following describes the existing facilities:
Kanan Road—A Class II facility between the northern City limits and Hillrise Drive. Reyes Adobe Road—A mixed Class I, Class II and Class III facility between Lake Lindero Canyon Road and Canwood Street. The Class II facility comprises the majority of the bicycle route on Reyes Adobe Road between Lake Lindero Canyon Road and Passageway Place; the Class III section lies between Passageway Place and Canwood Street. Forest Cove Lane—A mixed Class II and Class III facility between Trail Creek Drive and Canwood Street. The Class II facility is available between Rainbow Creek Drive and Canwood Street. The Class III facility is provided between Trail Creek Drive and Rainbow Crest Drive. Thousand Oaks Boulevard—A Class II facility that spans between the western City limits and Argos Street (eastbound only) or Kanan Road (westbound only). Agoura Road—A Class II facility spanning the entire width of the City between the western and eastern City limits.
Rainbow Crest Drive—A Class III facility that crosses Reyes Adobe Road and provides access between Forest Cove Lane and Mainmast Drive.
Canwood Street—A mixed Class II and Class III facility that crosses Reyes Adobe Road. The Class II facility is provided east of Reyes Adobe Road to Forest Cove Drive; the Class III facility is available west of Reyes Adobe Road to Lake Lindero Road. Palo Comado Canyon Road – A Class II facility between Chesebro Road and Agoura Court, crossing the Palo Comado Canyon Interchange; this was implemented after the General Plan Update and coincided with the Palo Comado Canyon Interchange improvement.
Planned additions to the City’s system of bikeways are included in the Agoura Hills Bicycle Master Plan (2025), as amended. include.:
Reyes Adobe Road—Extension of the existing Class II facility across the Reyes Adobe bridge; this will coincide with the Reyes Adobe Interchange improvement.
Palo Comado Canyon Road—Addition of a Class II facility across the Palo Comado Canyon bridge; this will coincide with the Palo Comado Canyon Interchange improvement. Page 3-27. Alternative Transportation. Reduced reliance on single-occupancy vehicle travel and vehicle miles traveled through the provision of alternative travel modes and enhanced system design.
Page 3-27. M-6.7 Vehicle Miles Traveled. Development projects shall minimize vehicle miles travelled (VMT), and shall be required to submit a VMT analysis pursuant to the City’s Transportation Assessment Guidelines as part of a development application. (Imp M-34) Project Description
Final Programmatic Environmental Impact Report 2-23
2.5.4 Construction
Given the programmatic nature of the BMP, individual projects included within the BMP would be subject to additional project-level environmental review and analysis at the time the individual projects are ready for implementation, and as the extent of impacts become known through development of project design, to determine if additional CEQA analysis is required. It is assumed that construction activities for each facility type would include:
Class I: Clearing and grubbing, pavement demolition, grading, utility relocation, retaining wall or fencing installation, asphalt paving or repaving, street and undercrossing improvements, striping, and revegetation;
Class II: Restriping and reconfiguration of lane widths to accommodate new dedicated bike lanes; pavement widening on Driver Avenue, between Easterly Road and Colodny Drive, and on Cornell Road, between Agoura Road and Cornell Way, which would require clearing and grubbing, subgrade stabilization, base course installation, and asphalt paving; Class III: Restriping to identify bike routes;
Class IV: Pavement demolition, minor grading, bollard or fencing installation, asphalt paving or repaving, and striping.
Specific construction details have been identified for the Path and the Connection, which would both be Class I facilities. Construction of the Path and construction of the Connection would occur over the course of 24 months, during daytime hours of 8:00AM to 5:00PM. Some construction phases may run concurrently, when possible. Site preparation, including mobilization, clearing and grubbing, would each occur over two months. Demolition would occur over one month. Grading and utility relocation phases would each occur over three months. Retaining wall and fencing installation would occur over six months. Asphalt paving, street improvements, and construction of the pedestrian undercrossing would each occur over four months. Concrete transition construction would occur over two months, and finishing would occur over three months. Construction staging and laydown areas would be contained within the identified project boundary. At the time of construction, should the construction contractor require additional staging and laydown areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown.
The total disturbance area for construction of the Path and the Connection would be approximately
6.12 acres, and the maximum depth of excavation would be 12 feet. In total, these improvements would involve the removal of 38,700 square feet (sq ft) of existing asphalt concrete, the demolition of 600 cubic yards (CY) of median areas, and the demolition of 1,640 CY of curb ramps and driveways.
2.5.5 Operation
Similar to construction, given the programmatic nature of the BMP, individual projects included within the BMP would be subject to additional project-level environmental review and analysis at the time the individual projects are ready for implementation, and as the extent of impacts become known through development of project design, to determine if additional CEQA analysis is required.
Operational details for projects included within the BMP are not known at this time. However, operational details have been identified for the Path and the Connection.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-24
Operational activities for the Path and the Connection would include regular inspection and maintenance, such as repairing surface damage, clearance of debris, and management of vegetation growth to ensure the bicycle improvements remain unobstructed. The City currently performs these types of operational activities for maintenance of existing bicycle infrastructure.
2.6 Project Objectives
The objectives for the proposed Project are as follows:
Increase transportation choices by providing viable alternatives to driving and improved equity to include all bikers, those who choose not to drive and those who cannot drive. Improve accessibility through local and regional connectivity. Local connections include residential communities, schools, commercial centers, and parks whereas regional connections include the surrounding communities and recreational trail network. Improve safety by providing separate biking facilities, reducing bicycle collisions, creating greater visibility for bikers, and raising awareness to both bicyclists and road users. Improve the public health by creating facilities that allow for more biking. Enhance sustainability and environmental benefits by reducing air pollution, greenhouse gas emissions, and noise pollution.
Enhance community character by constructing bicycle facilities near areas of high scenic value, such as along greenbelts or near surface waters.
Provide a mechanism for developers to mitigate VMT impacts from development projects.
2.7 Required Permits and Approvals
The City of Agoura Hills is the lead agency with responsibility for approving the Project. Given the programmatic nature of the BMP, individual projects included within the BMP would be subject to additional environmental review and analysis at the time the individual projects are ready for implementation, and as the extent of impacts become known through development of project design. Details regarding the required permits and approvals for most projects included within the BMP are not known at this time. It is anticipated that such required permits and approvals could include regulatory permits, encroachment permits, easement approvals, and property acquisitions.
Based on the conceptual design plans that have been developed, it is anticipated that construction of the Path would require regulatory permits from the United States Army Corps of Engineers (USACE), the Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW), as the Path is assumed to result in impacts, either temporary or permanent, to the Medea Creek Channel. The following permits and approvals are also anticipated to be required to support the Path:
A Construction Permit and User Agreement would be required from Ventura County for the proposed Path improvements.
An encroachment permit would be required from Caltrans for the proposed Path improvements under Ventura Freeway bridge, between Medea Creek and Medea Creek Channel. Easement approvals would be required from LAFCD for the proposed Path improvements along the channel in the following locations:
Between Agoura Road and Interstate 101 bridge,
Project Description
Final Programmatic Environmental Impact Report 2-25
Between Kanan Road and Thousand Oaks Boulevard, and
North of Thousand Oaks Boulevard, within APN# 2051-006-141. Easement approvals would be required from private development for the proposed Path improvements along the channel within the following properties:
APN 2053-007-031
APN 2051-006-141
Easement approvals would be required from Las Virgenes Unified School District for the proposed Path improvements within the following property:
APN 2048-008-901
City of Agoura Hills
Agoura Hills Bicycle Master Plan
2-26
This page left intentionally blank.
Environmental Setting
Final Programmatic Environmental Impact Report 3-1
3 Environmental Setting
This chapter provides a general overview of the environmental setting in the City of Agoura Hills.
This section also outlines the Programmatic Environmental Impact Report (PEIR) baseline and describes the approach to both direct and cumulative impact analyses. More detailed descriptions of the environmental setting for each environmental issue area can be found throughout Chapter 4, Environmental Impact Analysis.
3.1 Regional Setting
The City of Agoura Hills is located in the northwestern portion of Los Angeles County and is bordered by unincorporated Ventura County to the north, the City of Calabasas to the east, unincorporated Los Angeles County to the south, and the City of Westlake Village to the west (City of Agoura Hills 2010). The city sits in the eastern Conejo Valley, between the Simi Hills to the north and the Santa Monica Mountains to the south, and covers approximately 7 square miles. The Mediterranean climate of the region and the coastal influence produce moderate temperatures year-round, with rainfall concentrated in the winter months.
3.2 Citywide Transportation System
The City of Agoura Hills is bisected east-west by United States Highway 101 (US 101). The local roadway network in the city allows for access to residential neighborhoods, neighborhood-serving businesses and commercial uses, and US 101. There are four interchanges along US 101 that provide access to the city including the Reyes Adobe Interchange, the Kanan Interchange, the Chesebro/Palo Comado Canyon Interchange, and the Liberty Canyon Interchange. Other major arterial streets that aid in regional connection include Kanan Road, which runs north-south, Thousand Oaks Boulevard, which runs east-west, and Agoura Road which also runs east-west. Arterials that only carry intracity traffic include Reyes Adobe Road and Canwood Street (City of Agoura Hills 2010).
The existing bicycle network in the city is made up of 1.3 miles of bicycle routes and 9.2 miles of bicycle lanes. Class III bike lanes (shared car and bike lane) make up 13 percent of bicycle facilities while the remaining 87 percent are Class II bike lanes (dedicated on-street bike lanes; City of Agoura Hills 2022). Existing bicycle infrastructure is located on Kanan Road, Thousand Oaks Boulevard, Agoura Road, Reyes Adobe Road, Canwood Street, and Rainbow Crest Drive. The existing bicycle network is shown in Figure 3-1.
Transit services in the City of Agoura Hills include fixed-route, local, dial-a-ride, and rideshare operations. Fixed route services are offered by the Park & Ride Commuter Express and the MTA Bus, while local services are offered by the Summer Beach Bus. The AH-GO rideshare program is an expansion of the city’s Dial-A-Ride service (City of Agoura Hills 2025).
City of Agoura Hills
Agoura Hills Bicycle Master Plan
3-2
Figure 3-1 Agoura Hills Existing Bicycle Network
Source: Agoura Hills 2024.
Environmental Setting
Final Programmatic Environmental Impact Report 3-3
3.3 PEIR Baseline, Approach to Analysis, and Approach
to Mitigation
3.3.1 PEIR Baseline
State CEQA Guidelines Section 15125 states that an EIR “must include a description of the physical environmental conditions in the vicinity of the project … as they exist at the time the notice of preparation [NOP] is published.” Section 15125 states that this approach “normally constitute[s] the baseline physical conditions by which a lead agency determines whether an impact is significant.” This PEIR evaluates impacts against existing conditions at the time of the release of the NOP (January 2025). Comparison to current, existing baseline conditions provides the most relevant information for the public, responsible agencies, and City decision-makers.
3.3.2 Approach to Analysis
The programmatic nature of the proposed Project necessitates a general approach to the evaluation of existing conditions and associated impacts. As a programmatic document, this PEIR presents a city-wide assessment of Project impacts. Because the PEIR is a long-term document intended to guide actions and individual project implementation occurring at a future date, program-level and qualitative evaluation is involved. Quantitative analyses are provided where applicable with available information. During future stages in planning and implementation, specific elements of the BMP will be examined and compared against the PEIR to determine whether an additional environmental document must be prepared; if future implementation of specific projects identified within the BMP would have impacts that were not examined or identified in this PEIR, preparation of project-specific California Environmental Quality Act (CEQA) documents will be necessary.
3.3.3 Approach to Mitigation
This PEIR includes mitigation measures to reduce impacts and identifies responsible parties for implementation of those mitigation measures. The City of Agoura Hills is the lead agency for the proposed Project, thus it is the City’s responsibility to implement specific proposed projects, to conduct environmental review consistent with CEQA, and where applicable, to incorporate mitigation measures provided herein and developed specifically for the Project and its components to reduce impacts. Future project-specific environmental documents may adjust the mitigation measures identified in this PEIR as necessary to respond to site-specific conditions at the time implementation is proposed.
3.4 Cumulative Development
A project’s cumulative impacts are the possible environmental effects that are individually limited but cumulatively considerable. State CEQA Guidelines Section 15065[a][3]) states that:
“Cumulatively considerable” means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. State CEQA Guidelines Section 15355 states that: “Cumulative impacts” refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts:
City of Agoura Hills
Agoura Hills Bicycle Master Plan
3-4
The individual effects may be changes resulting from a single project or a number of separate projects.
The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.
According to State CEQAQ Guidelines Section 15130, the discussion of cumulative impacts must reflect the severity of the impacts and their likelihood of occurrence, but the discussion need not provide as great detail as is provided for the effects attributable to the project alone. The discussion should be guided by standards of practicality and reasonableness and should focus on the cumulative impact to which the identified other projects contribute rather than the attributes of other projects that do not contribute to the cumulative impact. Impacts that do not result in part from the Project evaluated in this PEIR need not be discussed.
Table 3-1 identifies the list of cumulative projects considered for the purposes of the cumulative analyses within this PEIR based on recently completed, planned, pending, and reasonably foreseeable projects at the time the NOP was published in January 2025. Projects proposed following the release of the NOP in January 2025 are not considered. Each cumulative project considered within this PEIR has, at a minimum, begun the process of completing a development application.
Table 3-1 Cumulative Projects List
Project No. Project Location1 Description
1 28000 Dorothy Drive Construction of a 60-unit multi-family townhouse development 2 Northwest corner of Agoura
Road/Chesebro Road
Construction of a senior care facility with 76 rooms
3 28721 Canwood Street Construction of two industrial buildings with a total of 35,532 square feet
4 5066 Chesebro Road Construction of a 2,545-square-foot, two-story office building 5 28902 Agoura Road Construction of a mixed-use development with 33 dwelling units and 1,200 square feet of commercial space
6 29045 Agoura Road Construction of a mixed-use development with 278 dwelling units, a 140,357-square-foot parking garage, and 5,258 square feet of commercial space
7 28912 Roadside Drive Addition of outdoor dining areas to five eating/drinking establishments in the Whizin Market
8 Southwest corner of
Agoura/Kanan Roads
Construction of a mixed-use development with 238 multi-family units, a parking structure, and 9,000 square feet of commercial space 9 29900 Ladyface Court Construction of a 0.5-mile, two-foot-wide trail loop beginning at the Agoura Hills Recreation and Event Center and leading into Ladyface Mountain
10 6500 Chesebro Road Modifications to existing structures and operations of a private equestrian facility, including construction or two accessory structures 11 28260 Dorothy Drive Construction of a 4,495-square-foot veterinary clinic 1 Cumulative project details were provided by the City of Agoura Hills Community Development Department.
Environmental Impact Analysis
Final Programmatic Environmental Impact Report 4-1
4 Environmental Impact Analysis
The individual sections of this chapter each discuss the environmental effects of the proposed Project, which includes the Bicycle Master Plan (BMP) and all of its associated components (Medea Creek Path [Path], Agoura High School Connection [Connection], VMT Mitigation Exchange and Banking Program [Program], and General Plan Amendments [Amendments]). A significant effect as defined by the California Environmental Quality Act (CEQA) Guidelines Section 15382 is:
a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.
The assessment of each environmental issue area begins with a discussion of the environmental setting related to the issue, which is followed by the impact analysis. In the impact analysis, all Project components are analyzed at the programmatic level. Individual projects included within the BMP are grouped into Class I facilities, Class II facilities, Class III facilities, Class IV facilities, and enhanced bicycle treatments, as identified in Section 2.5, Project Characteristics, and in Table 1 of Chapter 2, Project Description. The impact analysis contained herein provides a programmatic analysis of anticipated impacts for each of the five facility classes, which vary with regard to the number and type of improvements, amount of construction disturbance and excavation, duration of construction period, and operational characteristics. While the impacts associated with the individual projects in each facility class are expected to be similar, special consideration is being given to two identified projects that contain more specificity. Because the City seeks to prioritize implementation of the Path and the Connection, conceptual design plans have been developed for those two projects. Therefore, the Path and the Connection have their own subheadings within the Class I Facilities impact analysis subsection to provide a more specific assessment of their environmental impacts. Impacts associated with the Amendments are analyzed within their own subsection.
As discussed in Chapter 2, Project Description, the only projects that are currently planned, unfunded, and could potentially be funded by the Program are those currently included within the BMP. Therefore, the impact analysis contained herein does not include a subsection with programmatic analysis to identify a separate set of impacts associated with the Program, as the individual project list for the BMP and the Program are identical and impacts associated with the BMP would encompass impacts associated with the Program.
The first subsection of the impact analysis identifies the methodologies used and the “significance thresholds,” which are those criteria universally recognized, or developed specifically for this analysis, to determine whether potential effects are significant. The next subsection describes each impact of the proposed project, mitigation measures for potentially significant impacts, and the level of significance after mitigation. Each effect under consideration for an issue area is separately listed in bold text with the discussion of the effect and its significance. Each bolded impact statement also contains a statement of the significance determination for the environmental impact as follows:
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4-2
Significant and Unavoidable. An impact that cannot be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires a Statement of Overriding Considerations to be issued if the project is approved per State CEQA Guidelines Section 15093.
Less than Significant with Mitigation Incorporated. An impact that can be reduced to below the threshold level given reasonably available and feasible mitigation measures. Such an impact requires findings under State CEQA Guidelines Section 15091. Less than Significant. An impact that may be adverse but does not exceed the threshold levels and does not require mitigation measures. However, mitigation measures that could further lessen the environmental effect may be suggested if readily available and easily achievable. No Impact. The proposed project would have no effect on environmental conditions or would reduce existing environmental problems or hazards.
Following each environmental impact discussion is a list of mitigation measures (if required) and the residual effects or level of significance remaining after implementation of the measure(s). In cases where the mitigation measure for an impact could have a significant environmental impact in another issue area, this impact would discussed and evaluated as a secondary impact. No secondary impacts are identified in this Programmatic Environmental Impact Report (PEIR). As this is a PEIR, project-specific environmental documents may adjust these mitigation measures as necessary to respond to site-specific conditions. The impact analysis concludes with a discussion of cumulative effects, which evaluates the impacts associated with the proposed Project in conjunction with other planned and pending developments listed in Section 3, Environmental Setting. The Executive Summary of this PEIR summarizes all impacts and mitigation measures that apply to the proposed Project.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-1
4.1 Aesthetics
The analysis in this section considers potential impacts to aesthetics. Specifically, this section discusses the environmental and regulatory setting; the criteria used to determine the significance of environmental impacts related to aesthetics; and potential impacts related to aesthetics that would result from implementation of the proposed Project.
4.1.1 Setting
a. Scenic Resources
The Project area encompasses all of the City of Agoura Hills. The City of Agoura Hills General Plan 2035 categorizes visual resources within the city into both hillsides and scenic resources (City of Agoura Hills 2022). The General Plan designates six primary ridgelines as hillsides that dominate the community’s landscape, including:
Ladyface Mountain ridgeline between Kanan Road and the western City limits on the southern border of Agoura Hills,
A ridgeline in the northwestern portion of Agoura Hills above Thousand Oaks Boulevard and west of Kanan Road,
Two ridgelines in the northeastern corner of Agoura Hills, A ridgeline in the southeast corner of Agoura Hills between Kanan and Liberty Canyon Roads, which creates the city’s southern boundary, and
A ridgeline northeast of the Agoura Hills boundary within the Santa Monica Mountains National Recreation Area.
These primary ridgelines are generally undeveloped and are the primary topographical features viewed from the U.S. Highway 101 (Ventura Freeway) corridor and major arterials within the city.
The City of Agoura Hills General Plan 2035 also identifies secondary ridgelines as visual form-giving and space-defining features. Secondary ridgelines are differentiated from primary ridgelines because views of these features are partially blocked or because their hillsides have been developed with urban land uses (City of Agoura Hills 2022).
In addition to hillsides and ridgelines, the City of Agoura Hills General Plan 2035 identifies Ladyface Mountain as a scenic resource and the focal point of community pride. Ladyface Mountain is located within the Santa Monica Mountain, parallel to the Ventura Freeway corridor. Other important scenic resources in the city include (City of Agoura Hills 2022):
Strawberry Hill, located north of Canwood Street and south of Thousand Oaks Boulevard, east of Forest Cove Park,
Morrison Ranch Hills, located north of Thousand Oaks Boulevard and generally between Reyes Adobe Road and Kanan Road,
Palo Comado Hills, located in the northeastern corner of the City, and Simi Hills that border the City on the north.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-2
b. Scenic Vistas and Views
For the purposes of this analysis, a scenic vista is a view from a public place (roadway, designated scenic viewing spot, etc.) that is expansive and considered by the City of Agoura Hills to be important. It can be obtained from an elevated position (such as from a trail near the top of a hillside) or it can be seen from a roadway with a longer-range view of the landscape. Public views of the hillsides and scenic resources identified in Section 4.1.1.a, Scenic Resources, are considered scenic vistas. The hills of the Santa Monica Mountains also provide panoramic vistas of majestic oak trees and dramatic backdrops of picturesque canyons and hillsides, all of which are considered valuable visual resources (City of Agoura Hills 2022). Views of these features can generally be enjoyed from public rights-of-way (ROW), including roadways throughout Agoura Hills. Scenic views, particularly of open spaces and natural features, are also available from the trail network in and around the city. For example, the Zuma Ridge, or Simi-to-Sea, Trail that connects the national parklands north and south of the Ventura Freeway corridor provides scenic views of the Santa Monica Mountains (City of Agoura Hills 2022).
c. Scenic Corridors and Roads
A scenic highway is defined by the California Department of Transportation (Caltrans) as a public highway that traverses an area of outstanding scenic quality, containing striking views, flora, geology, or other unique natural attributes. Caltrans identifies the Ventura Freeway as an Eligible State Scenic Highway, from Topanga Canyon Boulevard to State Route (SR-) 33 in Ventura, though this segment has not been formally designated.
The City of Agoura Hills General Plan 2035 designates four local roadway segments as scenic corridors within the city. These roadways are considered valuable scenic resources that provide scenic views of the Santa Monica Mountains, including Ladyface Mountain. Specifically, the General Plan identifies the following scenic corridors (City of Agoura Hills 2022):
Reyes Adobe Road, from Thousand Oaks Boulevard to Agoura Road, Thousand Oaks Boulevard, from the western city limits to the eastern city limits, Agoura Road, from the western city limits to the eastern city limits, and, Kanan Road, from Agoura Road to the southern city limits. d. Light and Glare
Existing sources of light and glare in the city include glass building facades, building windows, streetlights, parking lot lighting, security and way-finding lighting at existing non-residential uses, and automobile headlights. Areas with the heaviest amount of light and glare in the city include the commercial centers at freeway interchanges such as Kanan Road and Ventura Freeway, and the office and business park developments located south of Ventura Freeway and west of Kanan Road (City of Agoura Hills 2010a).
4.1.2 Regulatory Setting
a. Federal Regulations
There are no federal regulations related to aesthetics applicable to the proposed Project.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-3
b. State Regulations
Caltrans Scenic Highway Program
The State Scenic Highways Program identifies and designates certain portions of the state highway system as scenic highways to establish the State’s responsibility for the protection and enhancement of California’s natural scenic beauty. Designated state scenic highways represent portions of the state highway system which, together with the adjacent scenic corridors, require special scenic conservation treatment. Scenic highway designation establishes specific planning and design standards and procedures, while continuing careful coordination of planning, design, construction, and regulation of land use and development, by state and local agencies as appropriate, to protect the social and economic values provided by the State’s scenic resources.
Although there are no officially designated state scenic highways within the city, Caltrans identifies the Ventura Freeway as an Eligible State Scenic Highway (Caltrans 2018). c. Local Regulations
City of Agoura Hills General Plan 2035
The City of Agoura Hills General Plan 2035 was adopted on March 24, 2010 (updated on August 10, 2022) by the City Council (City of Agoura Hills 2022). The City of Agoura Hills General Plan 2035 is a strategic document designed to guide the physical development of the city until the year 2035.
Among other things, the City of Agoura Hills General Plan 2035 sets out the pattern of land uses, including residential, commercial, and industrial. It also establishes the system of streets, bikeways, and trails. The City of Agoura Hills General Plan 2035 addresses a wide variety of subject areas, including housing, traffic, natural resources, land uses, economic development, noise, and public safety.
The City of Agoura Hills General Plan 2035 contains the following goals and policies related to aesthetics, which would apply to the Project.
Goal LU-3. Open space lands that are preserved to maintain the visual quality of the city and provide recreational opportunities, protect the public from safety hazards, and conserve natural resources.
Policy LU-3.1. Provide for the preservation of significant scenic areas and corridors, significant plant and animal habitat and riparian areas, and physiographic features within the city.
Policy LU-3.2. Preserve ridgelines, natural slopes, and bluffs as open space, minimize hillside erosion, and complement natural landforms through sensitive grading techniques in hillside areas.
Policy LU-3.4.Continue to sustain oak trees, which are an integral part of the city’s character, and consider the protection of other valuable tree species.
Policy LU-3.6. Encourage development to be located and designed to respect Agoura Hill’s natural environmental setting and preserve public views, including scenic hillside areas.
Regulate building height and location to avoid obtrusive breaks in the natural skyline.
Policy LU-3.7. Whenever possible, preserve vistas of the community from public use areas.
Policy LU-3.8. Preserve view of the night sky through control of outdoor lighting.
Goal LU-4. Structure and form of development that respects Agoura Hill’s natural setting; maintains distinct and interconnected places for residents to live, shop, work, and play; and is more compact to reduce automobile dependence.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-4
Policy LU-4.9. Incorporate sufficient open areas in development projects to maintain a sense of openness, such as paths, sidewalks, gathering areas, and/or passive and active recreation.
Goal LU-7. Neighborhoods that provide a variety of housing types, densities, and design, and a mix of uses and services that support the needs of their residents.
Policy LU-7.7. Protect and enhance the unique features of Agoura Hill’s residential neighborhoods that have contributed to a high-quality aesthetic environment, including the preservation of scenic and visual resources, a quality built environment, open space resources, and attractive streetscapes.
Goal LU-19. Open space lands that provide an attractive environmental setting for Agoura Hills and visual relief from development, protect the viability of natural resources and habitat, offer passive recreational opportunities for residents and visitors, and protect residents from the risks of natural hazards.
Goal NR-2. Preservation of significant visual resources as important quality of life amenities for residents, and as assets for commerce, recreation, and tourism.
Policy NR-2.2. Provide public trails, recreation areas, and viewing areas near significant visual resources, where appropriate.
Policy NR-2.3. Maintain the community’s primary and secondary ridgelines.
Policy NR-2.4. Require development within visually sensitive areas to minimize impacts to scenic resources and to preserve unique or special visual features, particularly in hillside areas, through the following: creative site planning, integration of natural features into the project, appropriate scale, materials, and design to complement the surrounding natural landscape, clustering of development so as to preserve open space vistas and natural features, minimal disturbance of topography, and creation of contiguous open space networks.
Goal NR-3. Maintenance and enhancement of the visual quality of city roads that have valuable scenic resources in order to create a special awareness of the environmental character and natural and man-made resources of the community.
Policy NR-3.1. Ensure a quality visual experience along the entire length of the scenic roads through protection and enhancement of views and development of appropriate landscaping.
Policy NR-3.2. Preserve the hillside backdrop and natural landforms visible from the scenic roads in their present state to the extent possible.
Goal NR-4. Protection and enhancement of open space resources, other natural areas, and significant wildlife and vegetation in the city as an integral component of a sustainable environment.
Policy NR-4.8. Link open space to activity centers, parks, other open space, and scenic routes to help define urban form and beautify the city.
Policy NR-4.10. Continue to sustain the city’s oak trees, which are an integral part of the character of the city, and continue to plant and maintain these trees in a manner that will allow them to mature and thrive.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-5
City of Agoura Hills Municipal Code
Article IX, Chapter 1, Part 4 of the Agoura Hills Municipal Code (AHMC) defines the general development standards for the city. Section 9132 of the AHMC specifically states that all development must be compatible with the rural character of the community, including preservation of views from existing development, and the preservation and protection of natural features, including terrain and landscaping in the neighborhood and community.
Article IX, Chapter 6, Part 2 of the AHMC defines hillside management and significant ecological areas, and requires the preservation of the scenic viewshed including provisions for site design in hillside areas and special regulations to protect hillside areas and special ecological areas from incompatible development. This section serves to preserve the natural terrain, quality environment, and aesthetic character of the city’s hillside and ecological features. Section 9652.13.C.(h) specifically requires street lighting be designed to lessen impacts on views of hillsides and ridgelines; Section 9655.3 prohibits signs that create a safety hazard by obstructing the view of pedestrian or vehicular traffic; and Section 9663.5 sets forth regulations for connectivity and pedestrian accommodation, requiring that all pedestrian pathways be lit by low, ground-mounted, shielded and downward facing lighting fixtures at set intervals.
Oak trees are also protected by the City of Agoura Hills Oak Tree Ordinance, contained in Article IX, Chapter 6, Part 2, Division 7 of the AHMC. The preservation of oak trees is further guided by the City’s Oak Tree Preservation Guidelines, contained in Appendix A of the AHMC, and remains a high priority in recognition of their historical, environmental, and aesthetic values to the community, present and future.
Agoura Village Specific Plan
The Agoura Village Specific Plan, adopted in 2008 and updated in 2024, is a long-range planning effort intended to guide the revitalization, appropriate uses, and beautification of the Agoura Village (City of Agoura Hills 2024b). The Specific Plan area encompasses approximately 135 acres of developed and underveloped land running along both sides of Agoura Road, one block west of Kanan Road to approximately two blocks east of Cornell Road. Roadside Drive and the Ventura Freeway border the Specific Plan area to the north, and open space borders the Specific Plan area to the south.
Chapter 2, Land Use, Regulations, & Guidelines, of the Agoura Village Specific Plan identifies Viewshed Standards to allow the view of Ladyface Mountain from the public ROW. Viewsheds can consist of driveways or paseos. Standards include viewshed width minimums of 50 feet, maximum distances between viewsheds of 250 feet, six-foot limitations of vertical elements within paseos, 12- foot height maximums for vertical building elements, and height restrictions for buildings adjacent to paseos of one-story or twenty-four feet (whichever is less).
Chapter 2, Land Use, Regulations, & Guidelines, of the Agoura Village Specific Plan also identifies lighting standards. These lighting standards apply to on-site lighting for private development projects in parking areas, and lights associated with the building and landscaping. The following lighting standards would apply to the proposed Project. Low-voltage lighting conserves energy and shall be used in the landscape. The use of energyefficient fixtures incorporating light emitting diode lamps is encouraged. Pedestrian light poles along sidewalks or pathways and parking lot light standards shall be 10 to 15 feet high unless bollards are used.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-6
4.1.3 Impact Analysis
a. Methodology and Significance Thresholds
As discussed in Section 4.0, Environmental Impact Analysis, all Project components are analyzed at the programmatic level. Project components include the Bicycle Master Plan (BMP), the vehicle miles traveled (VMT) Mitigation Exchange and Banking Program (Program), and the General Plan Amendments (Amendments). Projects included within the BMP are grouped into Class I facilities, Class II facilities, Class III facilities, Class IV facilities, and enhanced bicycle treatments, as identified in Section 2.5, Project Characteristics, and in Table 1 of Chapter 2, Project Description. The impact analysis contained herein provides a programmatic analysis of anticipated impacts for each of the five facility classes, as the individual project impacts associated with each class of facility are expected to be similar. Because the City seeks to prioritize implementation of the Medea Creek Path (Path) and the Agoura High School Connection (Connection), the Path and the Connection have their own subheadings within the Class I Facility impact analysis subsection to provide a more specific assessment of the environmental impacts of those two specific projects included within the BMP.
Impacts associated with the Amendments are analyzed within their own subsection.
As discussed in Chapter 2, Project Description, the only projects that are currently planned, unfunded, and could potentially be funded by the VMT Mitigation Exchange and Banking Program are those currently included within the BMP. Therefore, the impact analysis contained herein does not include a subsection for impacts associated with the Program, as the individual project list for the BMP and the Program are identical and impacts associated with the BMP would encompass impacts associated with the Program.
Within the following environmental analysis, impacts associated with each Project component are explicitly identified under the respective heading.
According to Appendix G of the California Environmental Quality Act (CEQA) Guidelines, impacts related to aesthetics would be significant if the proposed Project would:
Have a substantial adverse effect on a scenic vista;
Substantially damage scenic resources, including, but not limited to, unique mature trees, unique rock outcroppings, and historic buildings within a state scenic highway; In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings (public views are those that are experienced from publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality; or, Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-7
b. Project Impacts and Mitigation Measures
Threshold 1: Would the Project have a substantial adverse effect on a scenic vista? Impact AES-1 IMPLEMENTATION OF THE BICYCLE MASTER PLAN WOULD RESULT IN TEMPORARY OBSTRUCTION OF VIEWS DURING CONSTRUCTION ACTIVITIES. THE PROPOSED PROJECT WOULD NOT RESULT IN THE CONSTRUCTION OF NEW STRUCTURES THAT COULD PERMANENTLY DISRUPT EXISTING VIEWS. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT.
As discussed in Section 4.1.1.b, Scenic Vistas and Views, scenic vistas in the City of Agoura Hills include public views of hillsides, scenic resources, and the Santa Monica Mountains. These views are generally available from public ROWs and scenic corridors, including portions of Reyes Adobe Road, Thousand Oaks Boulevard, Agoura Road, and Kanan Road (City of Agoura Hills 2022). Views of scenic vistas are also available from the trail network in and around the city.
Class I Facilities
Construction of the proposed Class I facilities would require clearing and grubbing, pavement demolition, grading, utility relocation, retaining wall or fencing installation, asphalt paving or repaving, street and undercrossing improvements, striping, and revegetation. Storage, staging, and active work areas would be established during the construction period for Class I facilities. These areas would be fenced for security, and fencing would include opaque mesh screening in some locations.
The Class I bikeway proposed along Agoura Road would be constructed adjacent to a Citydesignated scenic corridor. Storage, staging, and active work areas established near Agoura Road would result in minor, temporary effects to publicly-accessible views of the hillsides and other scenic resources, including the Santa Monica Mountains. Storage and staging areas would be contained within the identified project boundary and outside of the primary view corridor where feasible. Nonetheless, these established areas could disrupt long-range views of hillsides and mountains, including views from or near the City-designated scenic corridor. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Impacts to scenic vistas would be short term in nature, and fencing, construction equipment, and materials would be low profile. Therefore, construction of the Class I facilities would not substantially obscure views from publicly-accessible vantage points.
Implementation of Class I facilities would not result in the construction of new structures that could disrupt existing views. Furthermore, implementation of new Class I facilities would make scenic vistas more accessible to residents and visitors by providing a separated ROW for these users that are not currently served by the existing street system. Therefore, implementation of Class I facilities would not substantially affect scenic vistas, and may instead enhance the accessibility of scenic vistas. This impact would be less than significant.
MEDEA CREEK PATH
The proposed Path would result in construction of a Class I bikeway along Medea Creek from Agoura Road to the northern limit of the city. Construction activities, including the establishment of storage, staging, and active work areas, could temporarily block existing views of scenic resources, particularly where the Path would intersect two City-designated scenic corridors on Thousand Oaks City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-8
Boulevard and Agoura Road. These impacts would be short term in nature, and fencing, construction equipment, and materials would be low profile. Therefore, construction of the Path would not substantially obscure views from publicly-accessible vantage points.
Implementation of the Path would not result in the construction of new structures that could disrupt existing views. The Path’s proposed alignment would run north-south through the central portion of the city, and both primary and secondary ridgelines would be intermittently visible to the east and west of the Path’s alignment. As such, the Path would provide new vantage points of these designated visual resources, as well as new views of the natural habitat surrounding Medea Creek.
Therefore, the proposed Path would not substantially affect scenic vistas, and may instead provide new vantage points and views of scenic resources. This impact would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
The proposed Connection would result in construction of a Class I bikeway connecting Thousand Oaks Boulevard to Fountain Place along the northern border of Agoura High School. This bikeway would be implemented approximately 0.1 mile south of a primary ridgeline and between two secondary ridgelines located approximately 0.4 mile and 0.2 mile east and west, respectively. The Connection would also abut the City-designated scenic corridor on Thousand Oaks Boulevard.
Construction activities, including the establishment of storage, staging, and active work areas, could temporarily block existing views of the nearby ridgelines, particularly from Thousand Oaks Boulevard. These impacts would be short term in nature, and fencing, construction equipment, and materials would be low profile. Therefore, construction of the Connection would not substantially obscure views from publicly-accessible vantage points.
Implementation of the Connection would not result in the construction of new structures that could disrupt existing views from Thousand Oaks Boulevard. Rather, the Connection would provide new vantage points of the nearby ridgelines, where are designated visual resources. Therefore, the proposed Connection would not substantially affect scenic vistas, and may instead provide new vantage points of scenic resources. This impact would be less than significant.
Class II Facilities
Class II facilities are proposed along portions of the City-designated scenic corridors on Reyes Adobe Road and Thousand Oaks Boulevard. The establishment of Class II facilities on these roadways would generally require roadway restriping and reconfiguration of lane widths to accommodate new dedicated bike lanes. Restriping can be completed within a single work period and does not require the establishment of storage, staging, or work areas. Therefore, restriping activities would not substantially obscure views from publicly-accessible vantage points.
Pavement widening would be necessary on Driver Avenue and on Cornell Road to allow for the addition of bicycle lanes. Pavement widening would not occur on a City-designated scenic corridor.
Nonetheless, construction activities would require the creation of storage, staging, and active work areas. These areas would be fenced for security, and fencing would include opaque mesh screening in some locations. The storage, staging, and construction work areas would be visible from public ROWs and could result in minor, temporary effects to publicly-accessible views of the hillsides and other scenic resources. These established areas could disrupt long-range views of hillsides and mountains. These impacts would be short term in nature, and fencing, construction equipment, and materials would be low profile. Therefore, construction of the Class II facilities would not substantially obscure views from publicly-accessible vantage points.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-9
Implementation of Class II facilities would not result in the construction of new structures that could disrupt existing views. The proposed improvements along Cornell Road would occur adjacent to publicly owned or preserved open space, as designated by the City of Agoura Hills General Plan 2035. Though improvements along Cornell Road have potential to impact adjacent scenic resources within the open space area, these disturbances would be minimal relative to the total share of open space present in and around the city. Furthermore, implementation of Class II facilities would be required to comply with the City of Agoura Hills Oak Tree Ordinance, which would result in the preservation of oak trees and their aesthetic values to the community. By providing enhanced multimodal access along Cornell Road, this specific Class II facility would provide an opportunity for new users to view the scenic resources present in the adjacent public open space. Furthermore, all Class II facilities would provide the opportunity for new users to view the primary ridgelines and open space areas in the southern portion of the city. Therefore, implementation of Class II facilities would not substantially affect scenic vistas, and may instead enhance the accessibility of scenic vistas. This impact would be less than significant.
Class III Facilities
Class III facilities are proposed along portions of the City-designated scenic corridors on Kanan Road and Agoura Road. Establishment of the Class III facilities would be limited to the restriping of existing roads to identify bike routes. Restriping can be completed within a single work period and does not require the establishment of storage, staging, or work areas. Therefore, establishment of the Class III facilities would not substantially obscure views from publicly-accessible vantage points.
Implementation of Class III facilities would not result in the construction of new structures that could disrupt existing views. Implementation of Class III facilities would provide an opportunity for new users to view ridgelines and other scenic resources. Therefore, implementation of Class III facilities under the proposed BMP would not substantially affect scenic vistas, and may instead enhance the accessibility of scenic vistas. This impact would be less than significant.
Class IV Facilities
Construction of Class IV facilities would require pavement demolition, minor grading, bollard or fencing installation, asphalt paving or repaving, and striping. Storage, staging, and active work areas would be established during the construction period for Class IV facilities. These areas would be fenced for security, and fencing would include opaque mesh screening in some locations.
Storage, staging, and active work areas established for the Class IV facility proposed along portions of the City-designated scenic corridor on Thousand Oaks Boulevard would result in minor, temporary effects to publicly accessible views of the hillsides and other scenic resources. Storage and staging areas would be contained within the identified project boundary and outside of the primary view corridor where feasible. Nonetheless, these established areas could disrupt long-range views of hillsides and mountains, including views from or near the City-designated scenic corridor.
At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Impacts to scenic vistas would be short term in nature, and fencing, construction equipment, and materials would be low profile. Therefore, construction of the Class IV facilities would not substantially obscure views from publicly-accessible vantage points.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-10
The implementation of Class IV facilities would result in incorporation of barriers to create a separated and protected bicycle lane. These barriers would be low in vertical profile and would not substantially obscure views from the public ROW. Rather, implementation of Class IV facilities would provide an opportunity for new users to view ridgelines and other scenic resources. Therefore, implementation of Class IV facilities would not substantially affect scenic vistas, and may instead enhance the accessibility of scenic vistas. This impact would be less than significant.
Enhanced Bicycle Treatments
Enhanced bicycle treatment would be implemented at various locations throughout the city. These facilities could include street striping and restriping, signage and wayfinding, bicycle signals and detection at traffic signals, bicycle parking, and bicycle repair facilities. Construction and implementation of these facilities would be completed within a single work period and would not require the establishment of storage, staging, or work areas. These facilities would be located within or adjacent to existing, new, or improved bikeways and would not result in the development of large-scale structures within previous undeveloped areas that could impact views of ridgelines, hillsides, or other scenic resources. Furthermore, implementation of wayfinding signage and bicycle would be required to comply with Section 9655.3 of the AHMC; therefore, signage and signals would not obstruct views of pedestrian or vehicular traffic. Implementation of the enhanced bicycle treatment would not substantially affect scenic vistas. This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT alternative transportation modes like walking and biking, guided by the BMP. The proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions. Furthermore, the Amendments would not alter any existing goals, policies, or regulations contained within the City of Agoura Hills General Plan 2035 related to the protection of scenic resources. Therefore, the Amendments would not have a substantial adverse effect on a scenic vista. No impact would occur.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 2: Would the Project substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Impact AES-2 THERE ARE NO OFFICIALLY DESIGNATED STATE SCENIC HIGHWAYS WITHIN THE CITY OF AGOURA HILLS. THEREFORE, THE PROPOSED PROJECT WOULD NOT SUBSTANTIALLY DAMAGE SCENIC RESOURCES WITHIN A STATE SCENIC HIGHWAY. THERE WOULD BE NO IMPACT.
As identified in Section 4.1.1.c, Scenic Corridors and Roads, there are no officially designated State Scenic Highways in the City of Agoura Hills. Although a portion of the Ventura Freeway, located in the southern portion of the city, is an Eligible State Scenic Highway, this roadway has not yet been Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-11
officially designated (Caltrans 2018). Therefore, implementation of the proposed Project would not substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway. No impact would occur.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
No impact would occur.
Threshold 3: Would the Project, in non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from a publicly accessible vantage point). If the Project is in an urbanized area, would the Project conflict with applicable zoning and other regulations governing scenic quality?
Impact AES-3 THE PROPOSED PROJECT WOULD BE CONSISTENT WITH APPLICABLE GENERAL PLAN
GOALS AND POLICIES, AND WOULD COMPLY WITH APPLICABLE REGULATIONS CONTAINED WITHIN THE AGOURA HILLS MUNICIPAL CODE. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT.
State CEQA Guidelines Section 21071 defines an urbanized area as:
An incorporated city that has either:
A population of at least 100,000 persons, or
A population of less than 100,000 persons if the population of that city and not more than two contiguous incorporated cities combined equals at least 100,000 persons.
According to the California Department of Finance (DOF), the City of Agoura Hills had a population of 19,904 on January 1, 2025 (DOF 2025). Agoura Hills is contiguous with the City of Thousand Oaks to the west; the City of Thousand Oaks had a population of 122,468 on January 1, 2025 (DOF 2025).
Therefore, pursuant to State CEQA Guidelines Section 21071, the City of Agoura Hills is considered an urbanized area and this analysis considers whether the proposed Project would conflict with applicable zoning and other regulations governing scenic quality.
As identified in Section 4.1.2, Regulatory Setting, the City of Agoura Hills General Plan 2035 contains a variety of goals and policies that pertain to scenic quality. The AHMC also includes general development standards that govern the preservation of views from existing development, hillside management standards that require preservation of the aesthetic character or the city’s hillside and ecological features, and an Oak Tree Ordinance that requires preservation of oak trees due to their aesthetic values to the community. The Agoura Village Specific Plan identifies viewshed standards to protect the view of Ladyface Mountain from the public ROW, and pedestrian lighting standards along pathways.
Class I Facilities
Construction of Class I facilities identified within the BMP would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas. The construction period for each Class I facility would be temporary in nature, and the location and use of construction equipment in active work areas would change during the City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-12
construction period depending on which portions of projects identified in the BMP were under active construction. Construction activities could cause a change in the existing visual character and quality of the Project area by introducing a level of activity, vehicles, and construction equipment that is greater than typical conditions. The use of delivery trucks, vehicles, and construction equipment would be similar to the use of such vehicles and other equipment during other construction activities associated with development within the city. Furthermore, although construction activities would result in a degree of change to visual quality within the Project area, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of Class I facilities would not result in the construction of new structures that could disrupt existing views. All Class I facilities would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review would ensure the design of these individual facilities would meet these regulations. Furthermore, implementation of new Class I facilities would make scenic vistas more accessible to residents and visitors by providing a separated ROW for these users that are not currently served by the existing street system. Therefore, implementation of Class I facilities would not conflict with applicable zoning and other regulations governing scenic quality.
This impact would be less than significant.
MEDEA CREEK PATH
Similar to the impacts associated with Class I facilities, implementation of the Path could cause a change in the existing visual character and quality of the individual project area by introducing a level of construction activity, construction vehicles, and construction equipment that is greater than typical conditions. The use of such vehicles and equipment would be temporary in nature and would be similar to the use of vehicles and equipment during other construction activities associated with development within the city. Furthermore, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of Path would not result in the construction of new structures that could disrupt existing views. The Path would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC design standards, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review requirements would ensure the Path meets all applicable regulations. Furthermore, implementation of the Path would make scenic vistas more accessible to residents and visitors. Therefore, implementation of the Path would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
Implementation of the Connection could cause a change in the existing visual character and quality of the project area by introducing a level of construction activity, construction vehicles, and construction equipment that is greater than typical conditions. The use of such vehicles and Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-13
equipment would be temporary in nature and would be similar to the use of vehicles and equipment during other construction activities associated with development within the city.
Furthermore, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of the Connection would not result in the construction of new structures that could disrupt existing views. The Connection would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review would ensure the Connection meets such regulations.
Furthermore, implementation of the Connection would make scenic vistas more accessible.
Therefore, implementation of the Connection would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
Class II Facilities
Implementation of the Class II facilities could cause a change in the existing visual character and quality of individual project areas by introducing a level of construction activity, construction vehicles, and construction equipment during roadway widening that is greater than typical conditions. The use of such vehicles and equipment would be temporary in nature and would be similar to the use of vehicles and equipment during other construction activities associated with development within the city. Furthermore, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of Class II facilities would not result in the construction of new structures that could disrupt existing views. Class II facilities would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review would ensure the facilities meet such regulations.
Furthermore, implementation of the Class II facilities would provide the opportunity for new users to view existing scenic vistas. Therefore, implementation of the Class II facilities would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
Class III Facilities
Implementation of the Class III facilities could cause a change in the existing visual character and quality of individual project areas by introducing a level of vehicular activity during roadway restriping that is greater than typical conditions. The use of such vehicles would be temporary in nature and would be similar to the use of trucks and other vehicles during other construction and maintenance activities occurring within the city. Furthermore, use of these vehicles would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of Class III facilities would not result in the construction of new structures that could disrupt existing views. As implementation of Class III would be limited to reconfiguration of City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-14
existing ROWs, implementation of the Class III facilities would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
Class IV Facilities
Implementation of the Class IV facilities could cause a change in the existing visual character and quality of individual project areas by introducing a level of construction activity, construction vehicles, and construction equipment that is greater than typical conditions. The use of such vehicles and equipment would be temporary in nature and would be similar to the use of vehicles and equipment during other construction activities associated with development within the city.
Furthermore, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
Implementation of Class IV facilities would result in incorporation of barriers to create a separated and protected bicycle lane. These barriers would be low profile and would not substantially obscure views from the public ROW. The design of these barriers would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review would ensure the facilities and the barriers meet such regulations. Furthermore, implementation of the Class IV facilities would provide the opportunity for new users to view existing scenic vistas. Therefore, implementation of the Class IV facilities would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
Enhanced Bicycle Treatments
Implementation of the enhanced bicycle treatments could also cause a change in the existing visual character and quality of individual project areas by introducing a level of construction activity, construction vehicles, and construction equipment that is greater than typical conditions. The use of such vehicles and equipment would be temporary in nature and would be similar to the use of vehicles and equipment during other construction activities associated with development within the city. Furthermore, construction would not permanently impair or block any sensitive or unique visual resources or landscapes. Therefore, impacts to the area’s visual character during construction would be less than significant.
The enhanced bicycle treatments could include components such as street striping and restriping, signage and wayfinding, bicycle signals and detection at traffic signals, bicycle parking, and bicycle repair facilities. These facilities would be located within or adjacent to existing, new, or improved bikeways and would not result in the development of large-scale structures within previous undeveloped areas. These facilities would be required to comply with applicable scenic quality zoning and other regulations identified in Section 4.1.2, Regulatory Setting, including the goals and policies of the City of Agoura Hills General Plan 2035, the design standards and Oak Tree Ordinance identified in the AHMC, and the viewshed standards and lighting requirements outlined in the Agoura Village Specific Plan. Design review would ensure the facilities meet such regulations.
Therefore, implementation of the Class IV facilities would not conflict with applicable zoning and other regulations governing scenic quality. This impact would be less than significant.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-15
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. The proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions. Furthermore, the Amendments would not alter any existing goals, policies, or regulations contained within the City of Agoura Hills General Plan 2035 related to the protection of scenic resources. Therefore, the Amendments would not conflict with applicable zoning and other regulations governing scenic quality. No impact would occur.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 4: Would the Project create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area? Impact AES-4 THE PROPOSED PROJECT WOULD NOT CREATE A NEW SOURCE OF SUBSTANTIAL LIGHT OR GLARE THAT WOULD ADVERSELY AFFECT DAYTIME OR NIGHTTIME VIEWS IN THE AREA. THIS IMPACT WOULD BE LESS THAN SIGNIFICANT.
Class I Facilities
As discussed in Chapter 2, Project Description, specific construction details have been identified for the Medea Creek Path, a two-mile bicycle path and the longest new facility proposed in the BMP.
Construction of the Path would result in the largest area of disturbance with the most construction activities. Construction of the Path would occur over the course of 24 months, during daytime hours of 8:00AM to 5:00PM. All other facilities included within the BMP would be expected to result in less intensive construction. Therefore, it can be assumed that construction of the remaining Class I facilities would occur over the course of 24 months or less, and construction would be limited to daytime hours of 8:00AM to 5:00PM.
Construction of Class I facilities identified within the BMP would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas. Temporary and intermittent glare would be generated during daytime construction by sunlight reflecting from equipment or vehicle windshields in the storage, staging, and active work areas. These areas would be located outside of existing roadways within the individual project boundaries. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Storage, staging, and work areas would be fenced for security. Fencing would include opaque mesh screening in visually sensitive locations, such as adjacent to residential development, to reduce glare. Temporary nighttime lighting may be used for additional security within the fenced areas. Nighttime security lighting would be shielded and directed downward and inward toward the work, storage, or staging areas to prevent light spill onto adjacent properties. Given the temporary and intermittent nature of construction, the use of directional shielding on nighttime lighting, and the presence of fencing and screening in visually sensitive areas, construction of the Class I facilities would not create a new City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-16
source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Proposed Class I facilities are generally located away from existing roadways. Current sources of light and glare along the Class I facility alignments are from adjacent roadways or cross streets, adjacent residential development, and adjacent commercial development. Specifically, existing sources of light and glare include streetlights, traffic lights, headlights and taillights from vehicles on nearby roadways, building lighting, and windows from nearby development. The BMP does not currently identify any operational lighting requirements for the Class I facilities. Nonetheless, in accordance with AHMC Section 9663.5, any pedestrian path, including the Class I multi-use bike paths proposed within the BMP, must be lit by lighted bollards or similar low, ground-mounted lighting fixtures at intervals of a minimum of 200 feet. As required by the AHMC, all lighting fixtures would be shielded and downward facing. Therefore, implementation of the Class I facilities would require the installation of ground-mounted lighting fixtures, and adherence to the AHMC requirements would ensure this new source of lighting would not adversely affect daytime or nighttime views in the area.
Once operational, glare could be produced by the sun shining on bicycles when cyclists utilize the new facilities; the amount of glare from bicycles would not be substantial given the existing sources of glare, including from vehicles traveling on nearby. Therefore, implementation of the Class I facilities would not create a new source of substantial glare that would adversely affect daytime or nighttime views in the area. Overall, this impact would be less than significant.
MEDEA CREEK PATH
Construction of the Path would occur over 24 months during daytime hours of 8:00AM to 5:00PM.
Construction would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas. Temporary and intermittent glare would be generated during daytime construction by sunlight reflecting from equipment or vehicle windshields in the storage, staging, and active work areas. These areas would be located within the identified project boundary away from existing roadways and, in some places, adjacent to residential and commercial development. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Storage, staging, and work areas would be fenced for security. Fencing would include opaque mesh screening in visually sensitive locations, such as adjacent to residential development, to reduce glare. Temporary nighttime lighting may be used for additional security within the fenced areas. Nighttime security lighting would be shielded and directed downward and inward toward the work, storage, or staging areas to prevent light spill onto adjacent properties. Given the temporary and intermittent nature of construction, the use of directional shielding on nighttime lighting, and the presence of fencing and screening in visually sensitive areas, construction of the Path would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Current sources of light and glare along the Path alignment include streetlights on intersecting roadways, headlights and taillights from vehicles traveling on intersecting roadways, and building lighting and windows from nearby residential and commercial development. Operational lighting requirements are not currently identified for the Path. Nonetheless, the AHMC requires groundmounted, shielded, and downward facing lighting fixtures at regular intervals along pedestrian paths. Therefore, implementation of the Path would include the installation of ground-mounted Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-17
lighting fixtures. With adherence to the AHMC requirements, this new source of lighting would not adversely affect daytime or nighttime views in the area.
Once operational, glare could be produced by the sun shining on bicycles utilizing the Path; the amount of glare from bicycles on the Path would not be substantial given the existing sources of glare from vehicles traveling on intersecting roadways and windows from nearby commercial and residential buildings. Therefore, implementation of the Path would not create a new source of substantial glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
Construction of the Connection would occur over the course of 24 months or less, and construction would be limited to daytime hours of 8:00AM to 5:00PM. Construction would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas. Temporary and intermittent glare would be generated during daytime construction by sunlight reflecting from equipment or vehicle windshields in the storage, staging, and active work areas. These areas would be located within or adjacent to the identified project boundary away from existing roadways. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Storage, staging, and work areas would be fenced for security. Fencing would include opaque mesh screening to reduce glare at Agoura High School. Temporary nighttime lighting may be used for additional security within the fenced areas. Nighttime security lighting would be shielded and directed downward and inward toward the work, storage, or staging areas to prevent light spill onto adjacent properties. Given the temporary and intermittent nature of construction, the use of directional shielding on nighttime lighting, and the presence of fencing and screening in visually sensitive areas, construction of the Connection would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Current sources of light and glare along the Connection include streetlights on Thousand Oaks Boulevard, existing traffic lights on Thousand Oaks Boulevard, headlights and taillights from vehicles traveling on Thousand Oaks Boulevard and Carell Avenue, building lighting and windows from Agoura High School, overhead lighting for the athletic fields at Agoura High School, and building lighting and windows from nearby residential development. Operational lighting requirements are not currently identified for the Connection. Nonetheless, the AHMC requires ground-mounted, shielded, and downward facing lighting fixtures at regular intervals along pedestrian paths.
Therefore, implementation of the Connection would include the installation of ground-mounted lighting fixtures. With adherence to the AHMC requirements, this new source of lighting would not adversely affect daytime or nighttime views in the area.
Once operational, glare could be produced by the sun shining on bicycles utilizing the Connection; the amount of glare from bicycles would not be substantial given the existing sources of glare from vehicles traveling on nearby roadways, windows from Agoura High School, and windows from nearby residential development. Therefore, implementation of the Connection would not create a new source of substantial glare that would adversely affect daytime or nighttime views in the area.
This impact would be less than significant.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-18
Class II Facilities
Construction of Class II facilities would generally consist of roadway restriping and reconfiguration of lane widths. These activities would require the use of paint trucks and similar equipment along existing roadways. Restriping can be completed within a single work period and does not require the establishment of storage, staging, or work areas. Temporary and intermittent glare would be generated during daytime restriping by sunlight reflecting from paint trucks and equipment operating within active traffic lanes, moving linearly along an individual project site. In some cases, nighttime restriping may occur, which would involve mobile work zones with vehicle-mounted lights and directional beacons. Vehicle lighting would be forward-facing to minimize spillover onto adjacent properties. Given the temporary and intermittent nature of these activities and the use of forward-facing directional lighting during nighttime activities, roadway restriping would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Construction of Class II facilities would also require pavement widening on Driver Avenue and Cornell Road to allow for the addition of bicycle lanes. Construction activities for pavement widening would occur over the course of 24 months or less, and construction would be limited to daytime hours of 8:00AM to 5:00PM. Construction would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas.
Temporary and intermittent glare would be generated during daytime construction by sunlight reflecting from equipment or vehicle windshields in the storage, staging, and active work areas.
These areas would be located within or adjacent to the identified project boundaries. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Storage, staging, and work areas would be fenced for security. Fencing would include opaque mesh screening in visually sensitive locations, such as adjacent to residential development, to reduce glare. Temporary nighttime lighting may be used for additional security within the fenced areas. Nighttime security lighting would be shielded and directed downward and inward toward the work, storage, or staging areas to prevent light spill onto adjacent properties. Given the temporary and intermittent nature of construction, the use of directional shielding on nighttime lighting, and the presence of fencing and screening in visually sensitive areas, pavement widening would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Current sources of light and glare along the Class II facility alignments include streetlights, traffic lights, headlights and taillights from vehicles traveling on the roadways, and building lighting and windows from adjacent development. Operational lighting requirements for Class II facilities are not currently identified in the BMP. Given that Class II facilities are proposed along existing roadways with existing streetlights, it is assumed that additional overhead lighting would not be required.
Once operational, glare could be produced by the sun shining on bicycles utilizing the new facilities; the amount of glare from bicycles would not be substantial given the existing sources of glare from vehicles on the roadway and windows from adjacent development. Therefore, implementation of the Class II facilities would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
Class III Facilities
Construction of the Class III facilities would be limited to the restriping of existing roads to identify bike routes. These activities would require the use of paint trucks and similar equipment along Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-19
existing roadways. Restriping can be completed within a single work period and does not require the establishment of storage, staging, or work areas. Temporary and intermittent glare would be generated during daytime restriping by sunlight reflecting from paint trucks and equipment operating within active traffic lanes, moving linearly along an individual project site. In some cases, nighttime restriping may occur, which would involve mobile work zones with vehicle-mounted lights and directional beacons. Vehicle lighting would be forward-facing to minimize spillover onto adjacent properties. Given the temporary and intermittent nature of these activities and the use of forward-facing directional lighting during nighttime activities, roadway restriping to establish the Class III facilities would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Current sources of light and glare along the Class III facility alignments include streetlights, traffic lights, headlights and taillights from vehicles traveling on the roadways, and building lighting and windows from adjacent development. Operational lighting requirements for Class III facilities are not currently identified in the BMP. Given that Class III facilities are proposed along existing roadways with existing streetlights, it is assumed that additional overhead lighting would not be required. Once operational, glare could be produced by the sun shining on bicycles utilizing the new facilities; the amount of glare from bicycles would not be substantial given the existing sources of glare from vehicles on the roadway and windows from adjacent development. Therefore, implementation of the Class III facilities would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
Class IV Facilities
Construction of the Class IV facilities would occur over the course of 24 months or less, and construction would be limited to daytime hours of 8:00AM to 5:00PM. Construction would require use of delivery trucks, vehicles, and other construction equipment, as well as the creation of storage, staging, and active work areas. Temporary and intermittent glare would be generated during daytime construction by sunlight reflecting from equipment or vehicle windshields in the storage, staging, and active work areas. These areas would be located within the individual project boundaries. At the time of construction, should the construction contractor require additional staging areas, they would be responsible for identifying and securing long-term staging areas on previously disturbed storage yards, the locations of which are currently unknown. Storage, staging, and work areas would be fenced for security. Fencing would include opaque mesh screening in visually sensitive locations, such as adjacent to residential development, to reduce glare. Temporary nighttime lighting may be used for additional security within the fenced areas. Nighttime security lighting would be shielded and directed downward and inward toward the work, storage, or staging areas to prevent light spill onto adjacent properties. Given the temporary and intermittent nature of construction, the use of directional shielding on nighttime lighting, and the presence of fencing and screening in visually sensitive areas, construction of the Class IV facilities would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Current sources of light and glare along the Class IV facility alignments include streetlights, traffic lights, headlights and taillights from vehicles traveling on adjacent roadways, and building lighting and windows from adjacent development. Operational lighting requirements for Class IV facilities are not currently identified in the BMP. Given that Class IV facilities are proposed along existing roadways with existing streetlights, it is assumed that additional overhead lighting would not be required. Once operational, glare could be produced by the sun shining on bicycles utilizing the new City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-20
facilities and by vehicle headlights shining on reflective elements of barriers that would be installed to provide a separated bikeway; the amount of glare from bicycles and barriers would not be substantial given the existing sources of glare from vehicles on the roadway and windows from adjacent development. Therefore, implementation of the Class IV facilities would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
Enhanced Bicycle Treatments
Enhanced bicycle treatments would include street striping and restriping, signage and wayfinding, bicycle signals and detection at traffic signals, bicycle parking, and bicycle repair facilities.
Construction and implementation of these facilities would be completed within a single work period and would not require the establishment of storage, staging, or work areas. Temporary and intermittent glare would be generated during daytime construction and implementation activities by sunlight reflecting from construction equipment or vehicle windshields. In some cases, nighttime restriping may occur, which would involve mobile work zones with vehicle-mounted lights and directional beacons. Vehicle lighting would be forward-facing to minimize spillover onto adjacent properties. Given the temporary and intermittent nature of these activities and the use of forwardfacing directional lighting during nighttime activities, implementation of the enhanced bicycle treatments would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area.
Enhanced bicycle treatments would be implemented at various locations throughout the city, but these facilities would generally be placed within or adjacent to existing, new, or improved bikeways.
Current sources of light and glare near these facilities would include streetlights, existing traffic lights, headlights and taillights from vehicles traveling on nearby roadways, and building lighting and windows from adjacent development. Specific operational lighting requirements for the enhanced bicycle treatments are not currently identified in the BMP. Bicycle signals and detection at traffic signals would constitute a new source of light. Once operational, glare could be produced by reflective elements, by the sun shining on new signage, and by the sun shining on bicycles utilizing the parking and repair facilities. The amount of glare from these facilities and from bicycles utilizing these facilities would not be substantial given the existing sources of light and glare from existing streetlights, traffic lights, headlights and taillights, building lighting, and building windows.
Therefore, implementation of the enhanced bicycle treatments would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP.
These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, guided by the BMP.
Although the proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions, the prioritization of VMT reduction through alternative transportation modes could result in a shift in the types of light and glare occurring within the city.
Nonetheless, the Amendments would not create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area. This impact would be less than significant.
Environmental Impact Analysis
Aesthetics
Final Programmatic Environmental Impact Report 4.1-21
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
4.1.4 Cumulative Impacts
The geographic scope for cumulative impacts related to aesthetics is the Project area, which encompasses all of the City of Agoura Hills. This geographic scope is appropriate because impacts to views of scenic vistas and potential lighting or glare impacts associated with cumulative development could collectively contribute to a cumulative impact in the Project area.
Past, present, and reasonably foreseeable future projects, including the projects listed in Table 3-1, could result in impacts to public viewsheds or scenic vistas due to the heights of proposed structures. These impacts could be potentially significant. Cumulative projects would be required to undergo design review to ensure compliance with the City of Agoura Hills General Plan 2035 and the AHMC, which would ensure consistent building heights and siting were maintained. Cumulative projects would also undergo and environmental review to identify and subsequently mitigate impacts to scenic resources to the extent feasible. Therefore, cumulative impacts to public viewsheds and vistas would be less than significant. Furthermore, individual projects identified in the BMP would primarily occur at grade and would not include the development of new structures.
Therefore, the Project would not contribute to a significant cumulative impact.
There are no officially designated state scenic highways within the Project area. Therefore, there would be no cumulative impact to scenic resources within a state scenic highway.
Cumulative development within the Project area would be required to comply with applicable zoning and development regulations, General Plan and Specific Plan policies, and the AHMC requirements. Compliance with the aforementioned plans, policies, and regulations would mitigate environmental impacts where feasible. Additionally, individual development projects, including projects identified within the BMP, would undergo environmental review where required, including consideration of whether the projects would conflict with applicable zoning or other regulations governing scenic quality. With these considerations prior to project approval, cumulative impacts related to a conflict with applicable zoning and other regulations governing scenic quality would be less than significant, and the Project would not contribute to a significant cumulative impact.
An increase in light and glare could become cumulatively significant as the cumulative project area continues to be built out due to an increase in exterior and interior building lighting, illuminated signs, and reflective building materials. These impacts could be potentially significant. No lighting is currently proposed related to the BMP, and implementation of the BMP would not result in the development of new buildings, structures, or design features that would contribute to sources of light and glare. Therefore, the Project would not result in a considerable contribution to cumulative impacts related to light and glare.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.1-22
This page intentionally left blank.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-1
4.2 Air Quality
The analysis in this section considers potential impacts to air quality. Specifically, this section discusses the environmental and regulatory setting; the criteria used to determine the significance of environmental impacts related to air quality; and potential impacts related to air quality that would result from implementation of the proposed Project. Construction and operational emissions associated with project buildout were calculated using the California Emissions Estimator Model (CalEEMod), version 2022.1. Results of the calculations (refer to Appendix B) were compared to South Coast Air Quality Management District (SCAQMD) thresholds to determine impacts.
4.2.1 Setting
a. Climate and Topography
The Project area, which encompasses all of the City of Agoura Hills, is located in the South Coast Air Basin (SCAB), which is under the jurisdiction of the SCAQMD. The SCAB is bounded by the Pacific Ocean to the west and the San Gabriel, San Bernardino, and San Jacinto Mountains to the north and east. The SCAB includes all of Orange County and the non-desert portions of Los Angeles, Riverside, and San Bernardino Counties, in addition to the San Gorgonio Pass area in Riverside County (SCAQMD 2025). The regional climate in the SCAB is semi-arid and is characterized by warm summers, mild winters, infrequent seasonal rainfall, moderate daytime onshore breezes, and moderate humidity. The air quality in the SCAB is primarily influenced by meteorology and a wide range of emission sources, such as dense population centers, substantial vehicular traffic, and industry.
Most annual rainfall in the SCAB occurs between November and April. Summer rainfall is minimal and is generally limited to scattered thundershowers in coastal regions and slightly heavier showers in the eastern portion of the SCAB and along the coastal side of the mountains. Agoura Hills has a Mediterranean climate with moderate, dry summers. The warmest month of the year is September, and the coldest month of the year is January. The annual average maximum temperature is 70.1 degrees Fahrenheit (°F), while the annual average minimum temperature is 50.0°F. Rainfall is concentrated in the winter months. Local climate conditions are summarized below in Table 4.2-1.
Table 4.2-1 Agoura Hills Climate Conditions
Temperature Condition Amount
Average annual rainfall 14.82 inches
Annual average maximum temperature 70.1°F
Annual average minimum temperature 50.0°F
Warmest month September
Coolest month January
°F = degrees Fahrenheit
Note: Averages are based on the period of record from June 1, 1923 to December 31, 2003, at the approximately 27 miles-away Oxnard Station, west of the Project area.
Source: Western Regional Climate Center 2003
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-2
The SCAB experiences a persistent temperature inversion (increasing temperature with increasing altitude) as a result of the Pacific High-pressure system. This inversion limits the vertical dispersion of air contaminants, holding them relatively near the ground. As the sun warms the ground and the lower air layer, the temperature of the lower air layer approaches the temperature of the base of the inversion layer (i.e., the upper layer) until the inversion layer finally breaks, allowing vertical mixing with the lower layer. This phenomenon is observed in mid- to late afternoons on hot summer days. Winter inversions frequently break by mid-morning.
The combination of stagnant wind conditions and low inversions produces the greatest pollutant concentrations. On days of no inversion or high wind speeds, ambient air pollutant concentrations are lowest. During periods of low inversions and low wind speeds, air pollutants generated in urbanized areas are transported predominantly onshore into Riverside and San Bernardino counties.
In the winter, the greatest pollution problems are the accumulation of carbon monoxide and nitrogen oxides (NOX) due to low inversions and air stagnation during the night and early morning hours. In the summer, the longer daylight hours and brighter sunshine combine to cause a reaction between hydrocarbons and NOX to form photochemical smog. b. Air Pollutants of Primary Concern
Air pollutant emissions in the SCAB are generated primarily by stationary and mobile sources.
Stationary sources can be divided into two major subcategories: point and area sources. Point sources occur at a specific location and are often identified by an exhaust vent or stack. Examples include boilers or combustion equipment that produce electricity or generate heat. Area sources are widely distributed and include such sources as residential and commercial water heaters, painting operations, lawn mowers, agricultural fields, landfills, and some consumer products. Mobile sources refer to emissions from motor vehicles, including tailpipe and evaporative emissions, and are classified as either on-road or off-road. On-road sources may be legally operated on roadways and highways. Off-road sources include aircraft, ships, trains, and self-propelled construction equipment. Air pollutants can also be generated by the natural environment, such as when high winds suspend fine dust particles.
The federal and State Clean Air Acts (CAA), discussed in greater detail under 4.2.2, Regulatory Setting, mandate the control and reduction of certain air pollutants. Under these laws, the United States Environmental Protection Agency (U.S. EPA) and the California Air Resources Board (CARB) have established the National Ambient Air Quality Standards (NAAQS) and the California Ambient Air Quality Standards (CAAQS) for “criteria pollutants” and other pollutants. Some pollutants are emitted directly from a source (e.g., vehicle tailpipe, an exhaust stack of a factory, etc.) into the atmosphere, including carbon monoxide (CO), volatile organic compounds (VOC)/reactive organic gases (ROG),1 nitrogen oxides (NOX), particulate matter with diameters of up to ten microns (PM10) and up to 2.5 microns (PM2.5), sulfur dioxide (SO2), and lead. Other pollutants are created indirectly through chemical reactions in the atmosphere, such as ozone (O3), which is created by atmospheric chemical and photochemical reactions primarily between VOC and NOX. Secondary pollutants include oxidants, ozone, and sulfate and nitrate particulates (smog). The following subsections describe the characteristics, sources, and health and atmospheric effects of air pollutants of primary concern.
1 CARB defines VOC and ROG similarly as, “any compound of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate,” with the exception that VOC are compounds that participate in atmospheric photochemical reactions. For the purposes of this analysis, ROG and VOC are considered comparable in terms of mass emissions, and the term VOC is used in this analysis.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-3
Carbon Monoxide
CO is a localized pollutant found in high concentrations only near its source. The primary source of CO, a colorless, odorless, poisonous gas, is automobile traffic's incomplete combustion of petroleum fuels. Therefore, elevated concentrations are usually only found near areas of high traffic volumes.
When CO levels are elevated outdoors, they can be of particular concern for people with some types of heart disease. These people already have a reduced ability to get oxygenated blood to their hearts in situations where they need more oxygen than usual. As a result, they are especially vulnerable to the effects of CO when exercising or under increased stress. In these situations, shortterm exposure to elevated CO may result in reduced oxygen to the heart accompanied by chest pain, also known as angina (U.S. EPA 2024b).
Ozone
O3 is a highly oxidative unstable gas produced by a photochemical reaction (triggered by sunlight) between NOX and VOC. VOC is composed of non-methane hydrocarbons (with specific exclusions), and NOX is composed of different chemical combinations of nitrogen and oxygen, mainly nitric oxide and NO2. NOX is formed during the combustion of fuels, while VOC is formed during the combustion and evaporation of organic solvents. As a highly reactive molecule, O3 readily combines with many different atmosphere components. Consequently, high O3 levels tend to exist only while high VOC and NOX levels are present to sustain the O3 formation process. Once the precursors have been depleted, O3 levels rapidly decline. Because these reactions occur on a regional rather than local scale, O3 is considered a regional pollutant. In addition, because O3 requires sunlight to form, it mainly occurs in concentrations considered serious between April and October. People most at risk from O3 include people with asthma, children, older adults, and people who are active outdoors, especially outdoor workers. In addition, people with reduced intake of certain nutrients, such as vitamins C and E, are at greater risk from O3 exposure. Depending on the level of exposure, O3 can cause coughing and a sore or scratchy throat; make it more difficult to breathe deeply and vigorously and cause pain when taking a deep breath; inflame and damage the airways; make the lungs more susceptible to infection; aggravate lung diseases such as asthma, emphysema, and chronic bronchitis; and increase the frequency of asthma attacks (U.S. EPA 2024a).
Nitrogen Dioxide
The primary sources of NOx are motor vehicles, industrial boilers, and furnaces. The principal form of NOx produced by combustion is nitric oxide (NO), but NO reacts rapidly to form NO2, creating the mixture of NO and NO2, commonly called NOx. Nitrogen dioxide (NO2)is a reactive, oxidizing gas and an acute irritant capable of damaging cell linings in the respiratory tract. Breathing air with a high concentration of NO2 can irritate airways in the human respiratory system. Such exposures over short periods can aggravate respiratory diseases leading to respiratory symptoms (such as coughing, wheezing, or difficulty breathing), hospital admissions, and visits to emergency rooms. Longer exposures to elevated concentrations of NO2 may contribute to the development of asthma and potentially increase susceptibility to respiratory infections. People with asthma and children and the elderly are generally at greater risk for the health effects of NO2. The nitrate particles that result from NOX make the air hazy and difficult to see though. It can also contribute to the formation of O3, smog, and acid rain (U.S. EPA 2024c).
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-4
Particulate Matter
Suspended atmospheric PM10 and PM2.5 are comprised of finely divided solids and liquids such as dust, soot, aerosols, fumes, and mist. Both PM10 and PM2.5 are emitted into the atmosphere as byproducts of fuel combustion and wind erosion of soil and unpaved roads. The atmosphere, through chemical reactions, can form particulate matter. The characteristics, sources, and potential health effects of PM10 and PM2.5 can be very different. PM10 is generally associated with dust mobilized by wind and vehicles. In contrast, PM2.5 is generally associated with combustion processes and formation in the atmosphere as a secondary pollutant through chemical reactions. PM10 can cause increased respiratory disease, lung damage, cancer, premature death, reduced visibility, surface soiling. For PM2.5, short-term exposures (up to 24-hours duration) have been associated with premature mortality, increased hospital admissions for heart or lung causes, acute and chronic bronchitis, asthma attacks, emergency room visits, respiratory symptoms, and restricted activity days. These adverse health effects have been reported primarily in infants, children, and older adults with preexisting heart or lung diseases (CARB 2024a).
Sulfur Dioxide
SO2 is the component of greatest concern and is used as the indicator for the larger group of gaseous sulfur oxides (SOx). Other gaseous SOx (such as SO3) are found in the atmosphere at concentrations much lower than SO2. The largest source of SO2 in the atmosphere is the burning of fossil fuels by power plants and other industrial facilities. Smaller sources of SO2 emissions include:
industrial processes such as extracting metal from ore; natural sources such as volcanoes; and locomotives, ships and other vehicles and heavy equipment that burn fuel with a high sulfur content. Short-term exposures to SO2 can harm the human respiratory system and make breathing difficult. People with asthma, particularly children, are sensitive to these effects of SO2 (U.S. EPA 2024d).
Lead
Lead (Pb) is a metal found naturally in the environment, as well as in manufacturing products. The major sources of Pb emissions historically have been mobile and industrial. Due to the U.S. EPA ’s regulatory efforts to remove Pb from gasoline, atmospheric Pb concentrations have declined substantially over the past several decades. The most dramatic reductions in Pb emissions occurred before 1990 due to the removal of Pb from gasoline sold for most highway vehicles. Pb emissions were further reduced substantially between 1990 and 2008, with reductions occurring in the metals industries at least partly due to national emissions standards for hazardous air pollutants (U.S. EPA 2014). As a result of phasing out leaded gasoline, metal processing is currently the primary source of Pb emissions. The highest Pb level in the air is generally found near Pb smelters. Other stationary sources include waste incinerators, utilities, and Pb-acid battery manufacturers. Pb can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems, and cardiovascular system depending on exposure. Pb exposure also affects the oxygencarrying capacity of the blood. The Pb effects most likely encountered in current populations are neurological in children. Infants and young children are susceptible to Pb exposures, contributing to behavioral problems, learning deficits, and lowered IQ (U.S. EPA 2024e).
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-5
Toxic Air Contaminants
In addition to the criteria pollutants discussed above, Toxic Air Contaminants (TAC) are a diverse group of airborne substances/air pollutants that may cause or contribute to an increase in deaths or serious illness, or that may pose a present or potential hazard to human health. TACs include both organic and inorganic chemical substances that may be emitted from a variety of common sources, including gasoline stations, motor vehicles, dry cleaners, industrial operations, painting operations, and research and teaching facilities. One of the main sources of TACs in California is diesel engine exhaust that contains solid material known as diesel particulate matter (DPM). More than 90 percent of DPM is less than one micron in diameter (about 1/70th the diameter of a human hair) and thus is a subset of PM2.5. Because of their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lungs (CARB 2024a). TACs are different than criteria pollutants because ambient air quality standards have not been established for TACs. TACs occurring at extremely low levels may still cause health effects and it is typically difficult to identify levels of exposure that do not produce adverse health effects. TAC impacts are described by carcinogenic risk and by chronic (i.e., long duration) and acute (i.e., severe but of short duration) adverse effects on human health. People exposed to TACs at sufficient concentrations and durations may have an increased chance of getting cancer or experiencing other serious health effects. These health effects can include damage to the immune system, as well as neurological, reproductive (e.g., reduced fertility), developmental, respiratory, and other health problems (U.S.
EPA 2024f).
c. Current Air Quality
The SCAQMD operates a network of air quality monitoring stations throughout the SCAB. The purpose of the monitoring stations is to measure ambient concentrations of pollutants and determine whether ambient air quality meets California and federal standards. The following is a summary of the monitoring stations closest to the Project area.
The monitoring station closest to the Project area in the SCAB is the Reseda monitoring station, located at 18330 Gault Street in Reseda, approximately 12 miles east of the Project area. The Reseda station collected 1-hour and 8-hour O3, NO2, and PM2.5 concentrations from 2021 to 2023.
The Santa Clarita station, located at 22224 Placerita Canyon in Santa Clarita, is approximately 19 miles northeast of the Project area. The Santa Clarita station collected PM10 concentrations from 2021 to 2023. No nearby station provides CO concentrations, which is often the case for pollutants for which the area is in attainment with. Attainment with the CAA NAAQS and CAAQS means that a geographic area meets (i.e., does not exceed) the national limits set by the U.S. EPA for certain air pollutants.
Table 4.2-2, below, indicates the number of days that each of the federal and State standards have been exceeded at monitoring stations near the Project area in each of the last three years for which data is available. At these stations, the State 1-hour O3 standard was exceeded between 2021 and 2023, and the federal 1-hour O3 standard was exceeded in 2023. In addition, the federal and State 8- hour O3 standards were exceeded between 2021 and 2023. The PM10 State standard was exceeded in 2021, 2022 and 2023, and the PM2.5 federal standard was exceeded in 2021 and 2023.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-6
Table 4.2-2 Annual Ambient Air Quality Data from Nearest Monitoring Stations Pollutant 2021 2022 2023
Ozone (ppm), Worst 1-Hour1 0.110 0.110 0.104
Number of days above CAAQS (>0.09 ppm) 4 7 10
Number of days above NAAQS (>0.12 ppm) 0 0 0
Ozone (ppm), Worst 8-Hour Average1 0.083 0.096 0.096
Number of days above CAAQS (>0.070 ppm) 31 23 28
Number of days above NAAQS (>0.070 ppm) 31 23 28
Carbon Monoxide (ppm), Highest 8-Hour Average2 * * *
Number of days above CAAQS or NAAQS (>9.0 ppm) * * *
Nitrogen Dioxide (ppm), Worst 1-Hour1 0.054 0.055 0.048 Number of days above CAAQS (>0.180 ppm) 0 0 0
Number of days above NAAQS (>0.100 ppm) 0 0 0
Particulate Matter <10 microns (µg/m3), Worst 24 Hours2 47.1 36.9 41.5 Number of days above CAAQS (>50 µg/m3) 0 0 0
Number of days above NAAQS (>150 µg/m3) 0 0 0
Particulate Matter <2.5 microns (µg/m3), Worst 24 Hours1 55.5 20.5 21.9 Number of days above NAAQS (>35 µg/m3) 9 0 0
ppm = parts per million; µg/m3 = micrograms per cubic meter; CAAQS = California Ambient Air Quality Standard; NAAQS = National Ambient Air Quality Standard
1 Data sourced from the CARB at the nearest monitoring station with available data at the Reseda station in Reseda. 2 Data sourced from the CARB at the nearest monitoring station with available data at the Santa Clarita station in Santa Clarita.
Source: CARB 2024b
d. Sensitive Receptors
Ambient air quality standards have been established to represent the levels of air quality considered sufficient, with a margin of safety, to protect public health and welfare. They are designed to protect the segment of the public most susceptible to respiratory distress, such as children under 14, the elderly (over the age of 65), people engaged in strenuous work or exercise, and people with cardiovascular and chronic respiratory diseases. According to the SCAQMD, other sensitive receptors include residences, long-term health care facilities, rehabilitation centers, convalescent centers, hospitals, retirement homes, and schools, playgrounds, and childcare centers (SCAQMD 2005).
The Project area, which encompasses all of the City of Agoura Hills, includes each type of sensitive receptors specified by SCAQMD. For the Medea Creek Path, sensitive receptors nearest to the Path consist of single-family residences directly adjacent to the Path’s alignment. Additionally, the Agoura High School Connection is located directly adjacent to Agoura High School, which is also considered a sensitive receptor.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-7
4.2.2 Regulatory Setting
a. Federal Regulations
Federal Clean Air Act
The federal and State governments have established ambient air quality standards for the protection of public health. The U.S. EPA is the federal agency designated to administer air quality regulation. The U.S. EPA has set primary National Ambient Air Quality Standards (NAAQS) for O3, CO, NO2, SO2, PM10, PM2.5, and Pb. Primary standards are those levels of air quality deemed necessary, with an adequate margin of safety, to protect public health. Table 4.2-3 lists the current federal standards for regulated pollutants.
To derive the NAAQS, the U.S. EPA reviews data from integrated science assessments and risk/exposure assessments to determine the ambient pollutant concentrations at which human health impacts occur, then reduces these concentrations to establish a margin of safety (U.S.EPA 2024h). As a result, human health impacts caused by the air pollutants discussed above may affect people when ambient air pollutant concentrations are at or above the concentrations established by the NAAQS. The closer a region is to attainting a particular NAAQS, the lower the human health impact is from that pollutant (San Joaquin Valley Air Pollution Control District 2015). Accordingly, ambient air pollutant concentrations below the NAAQS are considered to be protective of human health (CARB 2024c and 2024d). The NAAQS and the underlying science that forms the basis of the NAAQS are reviewed every five years to determine whether updates are necessary to continue protecting public health with an adequate margin of safety (U.S. EPA 2015).
The U.S. EPA classifies specific geographic areas as either “attainment” or “nonattainment” areas for each pollutant based on the comparison of measured data with the NAAQS. States are required to adopt enforceable plans, known as a State Implementation Plan (SIP), to achieve and maintain air quality meeting the NAAQS. State plans also must control emissions that drift across state lines and harm air quality in downwind states. If an air basin is not in either federal or State attainment for a particular pollutant, the basin is classified as a nonattainment area for that pollutant. Under the federal and State CAA, once a nonattainment area has achieved the air quality standards for a particular pollutant, it may be redesignated to an attainment area for that pollutant. To be redesignated, the area must meet air quality standards and have a 10-year plan for continuing to meet and maintain air quality standards, as well as satisfy other requirements of the federal CAA.
Areas that have been redesignated to attainment are called maintenance areas.
The Project area is within Los Angeles County, which currently exceeds the NAAQS for 8 and 1-hour O3, PM2.5, and Pb. Los Angeles County is classified an attainment/maintenance area under the CAAQS for CO, and attainment for PM2.5. Los Angeles County is currently classified as a nonattainment area under the CAAQS for O3, PM2.5, and PM10 (CARB 2023).
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-8
Table 4.2-3 Federal Ambient Air Quality Standards
Pollutant NAAQS
Ozone 0.070 ppm (8-hr avg)
Carbon Monoxide 35.0 ppm (1-hr avg)
9.0 ppm (8-hr avg)
Nitrogen Dioxide 0.100 ppm (1-hr avg)
0.053 ppm (annual avg)
Sulfur Dioxide 0.075 ppm (1-hr avg)
0.5 ppm (3-hr avg)
0.14 ppm (24-hr avg)
0.030 ppm (annual avg)
Lead 0.15 µg/m3 (rolling 3-month avg)
1.5 µg/m3 (calendar quarter)
Particulate Matter (PM10) 150 µg/m3 (24-hr avg)
Particulate Matter (PM2.5) 35 µg/m3 (24-hr avg)
9 µg/m3 (annual avg)
Visibility-Reducing Particles No Federal Standards
Sulfates No Federal Standards
Hydrogen Sulfide No Federal Standards
Vinyl Chloride No Federal Standards
NAAQS = National Ambient Air Quality Standards; ppm = parts per million; avg = average; µg/m3 = micrograms per cubic meter Source: U.S EPA 2024g
b. State Regulations
California Clean Air Act
CARB is the state entity designated to administer air quality regulation. CARB has established Statelevel air quality standards and is responsible for the control of mobile emission sources. Regionallevel air quality management districts, including the SCAQMD, provide local management of air quality, while the local air districts are responsible for enforcing standards and regulating stationary sources. California is also divided geographically into 15 air basins, including the SCAB, for managing the air resources of the State on a regional basis.
Under the California CAA, the State has established health-based ambient air quality standards (known as the California Ambient Air Quality Standards), some of which are more stringent than the federal standards. Table 4.2-4, below, lists the current State standards for regulated pollutants. In addition to the federal criteria pollutants, the CAAQS also specify standards for visibility-reducing particles, sulfates, hydrogen sulfide, and vinyl chloride. Similar to the federal CAA, the CCAA classifies specific geographic areas as either “attainment” or “nonattainment” areas for each pollutant, based on the comparison of measured data within the CAAQS.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-9
Table 4.2-4 State Ambient Air Quality Standards
Pollutant CAAQS
Ozone 0.09 ppm (1-hr avg)
0.070 ppm (8-hr avg)
Carbon Monoxide 20.0 ppm (1-hr avg)
9.0 ppm (8-hr avg)
Nitrogen Dioxide 0.18 ppm (1-hr avg)
0.030 ppm (annual avg)
Sulfur Dioxide 0.25 ppm (1-hr avg)
0.04 ppm (24-hr avg)
Lead 1.5 µg/m3 (30-day avg)
Particulate Matter (PM10) 50 µg/m3 (24-hr avg)
20 µg/m3 (annual avg)
Particulate Matter (PM2.5) 12 µg/m3 (annual avg)
Visibility-Reducing Particles Extinction coefficient of 0.23 per kilometer – visibility of ten miles or more (0.07 - 30 miles or more for Lake Tahoe) due to particles when relative humidity is less than 70 percent. Method: Beta Attenuation and Transmittance through Filter Tape. (8-hr avg)
Sulfates 25 µg/m3 (24-hr avg)
Hydrogen Sulfide 0.03 ppm (1-hr avg)
Vinyl Chloride 0.01 ppm (24-hr avg)
NAAQS = CAAQS = California Ambient Air Quality Standards; ppm = parts per million; avg = average; µg/m3 = micrograms per cubic meter
Source: CARB 2024e
State Implementation Plan
The SIP is a collection of documents that set forth a state’s strategies for achieving the AAQS. In California, the SIP is a compilation of new and previously submitted plans, programs (such as monitoring, modeling, and permitting), district rules, State regulations, and federal controls. CARB is the lead agency for all purposes related to the SIP under State law. Local air districts and other agencies, such as the Department of Pesticide Regulation and the Bureau of Automotive Repair, prepare SIP elements and submit them to CARB for review and approval. CARB then forwards SIP revisions to the U.S. EPA for approval and publication in the Federal Register. The items included in the California SIP are listed in the Code of Federal Regulations at 40 Code of Federal Regulations
52.220.
As the regional air quality management district, the SCAQMD is responsible for preparing and implementing the portion of the SIP applicable to the portion of the SCAB within its jurisdiction. The air pollution control district for each county adopts rules, regulations, and programs to attain federal and State air quality standards and appropriates money (including permit fees) to achieve these objectives.
California Code of Regulations
The California Code of Regulations is the official compilation and publication of the regulations adopted, amended, or repealed by state agencies pursuant to the Administrative Procedure Act.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-10
They are compiled into Titles and organized into Divisions containing the regulations of state agencies. The following California Code of Regulations would be applicable to the proposed Project:
Engine Idling. In accordance with Section 2485 of Title 13 of the California Code of Regulations, the idling of all diesel-fueled commercial vehicles (weighing over 10,000 pounds) during construction shall be limited to five minutes at any location. Emission Standards. In accordance with Section 93115 of Title 17 of the California Code of Regulations, operation of any stationary, diesel-fueled, compression-ignition engines shall meet specified fuel and fuel additive requirements and emission standards. c. Regional Regulations
South Coast Air Quality Management District 2022 Air Quality Management Plan To meet the NAAQS and CAAQS, the SCAQMD has adopted a series of air quality management plans (AQMPs), which serve as a regional blueprint to develop and implement an emission reduction strategy that will bring the area into attainment with the standards in a timely manner. The most significant air quality challenge in the SCAB is to reduce NOX emissions sufficiently to meet the 2037 ozone standard deadline for the non-Coachella Valley portion of the SCAB, as NOX plays a critical role in the creation of ozone. The 2022 AQMP includes strategies to ensure the SCAQMD does its part to further their ability to meet the 2015 federal ozone standards. The SCAQMD would need to reduce emissions of NOX by 67 percent beyond what is required by the adopted rules and regulations in 2037 to meet the 2015 federal ozone standard (SCAQMD 2022). The 2022 AQMP builds on the measures already in place from the previous AQMPs and includes a variety of additional strategies such as regulation, accelerated deployment of available cleaner technology, best management practices, co-benefits from existing programs, incentives, and other CAA measures to meet the 8-hour O3 standard. Since NOX emissions also lead to the formation of PM2.5, the NOX reductions needed to meet the O3 standards will likewise lead to improvement of PM2.5 levels and attainment of annual PM2.5 standards (SCAQMD 2017).2 The AQMP also incorporates the transportation strategy and transportation control measures from Southern California Association of Governments (SCAG)’s 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) Plan (Connect SoCal) (SCAG 2020). SCAG is the regional planning agency for Los Angeles, Orange, Ventura, Riverside, San Bernardino, and Imperial counties, and addresses regional issues relating to transportation, the economy, community development, and the environment. SCAG coordinates with various air quality and transportation stakeholders in southern California to ensure compliance with the federal and State air quality requirements. Pursuant to California Health and Safety Code Section 40460, SCAG has the responsibility of preparing and approving the portions of the AQMP relating to the regional demographic projections and integrated regional land use, housing, employment, and transportation programs, measures, and strategies. SCAG is required by law to ensure that transportation activities “conform” to, and are supportive of, the goals of regional and State air quality plans to attain the NAAQS. Connect SoCal includes transportation programs, measures, and strategies generally designed to reduce vehicle miles travelled (VMT), which are contained in the AQMP. The SCAQMD combines its portion of the AQMP with those prepared by SCAG (SCAQMD 2022). Connect SoCal and Transportation Control Measures, included as Appendix IV-C of the 2022 AQMP, are based on SCAG’s Connect SoCal.
2 Estimates are based on the inventory and modeling results and are relative to the baseline emission levels for each attainment year (see Final 2016 AQMP for detailed discussion).
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-11
The 2022 AQMP forecasts the 2037 emissions inventories ‘‘with growth’’ based on SCAG’s Connect SoCal. The region is projected to see a 12 percent growth in population, 17 percent growth in housing units, 11 percent growth in employment, and five percent growth in VMT between 2018 and 2037. Despite regional growth in the past, air quality has improved substantially over the years, primarily due to the effects of air quality control programs at the local, State, and federal levels (SCAQMD 2022).
South Coast Air Quality Management District Rules and Regulations The SCAQMD implements rules and regulations for emissions that may be generated by various uses and activities. The rules and regulations detail pollution-reduction measures that must be implemented during construction and operation of projects. Rules and regulations relevant to the Project include the following:
Rule 401 (Visible Emissions): This rule prohibits the discharge of visible air pollutant emissions from various sources as determined by shade and opacity criteria based on the Ringelmann Chart.
Rule 402 (Nuisance): This rule prohibits the discharge of quantities of air contaminants or other material that causes injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public or which endanger the comfort, repose, health, or safety of any such persons or the public or which cause or have a natural tendency to cause injury or damage to business or property.
Rule 403 (Fugitive Dust Control): This rule includes various requirements to prevent, reduce, and mitigate the amount of particulate matter entrained in the ambient air from man-made fugitive dust sources.
Rule 1113 (Architectural Coatings): This rule establishes VOC content limits for a variety of architectural coatings, including 50 grams per liter for flat and non-flat coatings. d. Local Regulations
City of Agoura Hills General Plan 2035
The City of Agoura Hills General Plan 2035 was adopted on March 24, 2010 (updated on August 10, 2022) by the City Council (City of Agoura Hills 2022). The City of Agoura Hills General Plan 2035 is a strategic document designed to guide the physical development of the city until the year 2035.
Among other things, the City of Agoura Hills General Plan 2035 sets out the pattern of land uses, including residential, commercial, and industrial. It also establishes the system of streets, bikeways, and trails. The City of Agoura Hills General Plan 2035 addresses a wide variety of subject areas, including housing, traffic, natural resources, land uses, economic development, noise, and public safety.
The City of Agoura Hills General Plan 2035 contains the following goals and policies related to Air Quality, which would apply to the proposed Project.
Goal NR-7. Improvement of the City and the region’s air quality.
Policy NR-7.1. Cooperate with the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG) in their efforts to implement provisions of the region’s Air Quality Management Plan. (Imp NR-20) City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-12
Policy NR-7.3. Comply with and promote state and federal legislation that improves vehicle/transportation technology and cleaner fuels. (Imp U-46, NR-20, NR-21) Policy NR-7.4. Adopt incentives, regulations, and/or procedures to minimize particulate emissions from paved and unpaved roads, parking lots, and building construction. (Imp NR-22, NR-23)
Policy NR-7.5. Minimize pollution exposure of residential uses near the freeway and along major arterials, such as Kanan Road, Agoura Road west of Kanan Road, and Thousand Oaks Boulevard.
Goal M-6 Alternative Transportation. Reduced reliance on single-occupancy vehicle travel and vehicle miles traveled through the provision of alternative travel modes and enhanced system design.
Policy M-6.1. Promote the most efficient use of the City's existing transportation network and encourage the integration of alternative modes into design standards and future improvements. (Imp M-10, M-19, M-34)
Policy M-6.2. Expand the choices of available travel modes to increase the freedom of movement for residents and reduce reliance on the automobile. Ensure that existing and future infrastructure will be adequate for future transportation modes. (Imp M-10, M-19, M-20, M-34) Policy M-6.3. New roadways and future street improvement projects shall be bicycle- and pedestrian-friendly in design. (Imp M-19)
Policy M-6.4. Enhance bus stops with amenities such as street trees, benches, bus shelters and waste receptacles, public art or other measures. (Imp M-21) Policy M-6.5. Promote non-motorized transportation through encouragement and education. (Imp M-22)
Policy M-6.6. Identify funding sources and allocate funds, including the potential formation of assessment districts, for pedestrian, bicycle, transit, and streetscape improvements in existing neighborhoods. (Imp M-17)
4.2.3 Impact Analysis
a. Methodology and Significance Thresholds
As discussed in Section 4.0, Environmental Impact Analysis, all Project components are analyzed at the programmatic level. Project components include the Bicycle Master Plan (BMP), the VMT Mitigation Exchange and Banking Program (Program), and the General Plan Amendments (Amendments). Projects included within the BMP are grouped into Class I facilities, Class II facilities, Class III facilities, Class IV facilities, and enhanced bicycle treatments, as identified in Section 2.5, Project Characteristics, and in Table 1 of Chapter 2, Project Description. The impact analysis contained herein provides a programmatic analysis of anticipated impacts for each of the five facility classes, as the individual project impacts associated with each class of facility are expected to be similar. Because the City seeks to prioritize implementation of the Medea Creek Path (Path) and the Agoura High School Connection (Connection), the Path and the Connection have their own subheadings within the Class I Facility impact analysis subsection to provide a more specific assessment of their environmental impacts. Impacts associated with the General Plan Amendments are analyzed within their own subsection.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-13
As discussed in Chapter 2, Project Description, the only projects that are currently planned, unfunded, and could potentially be funded by the VMT Mitigation Exchange and Banking Program are those currently included within the Bicycle Master Plan. Therefore, the impact analysis contained herein does not include a subsection for impacts associated with the Program, as the individual project list for the BMP and the Program are identical and impacts associated with the BMP would encompass impacts associated with the Program.
Within the following environmental analysis, impacts associated with each Project component are explicitly identified under the respective heading.
According to Appendix G of the California Environmental Quality Act (CEQA) Guidelines, impacts related to air quality would be significant if the proposed Project would:
Conflict with or obstruct implementation of the applicable air quality plan; Result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or state ambient air quality standard; Expose sensitive receptors to substantial pollutant concentrations; or, Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
SCAQMD Significance Thresholds
Project-level significance thresholds established by local air quality management districts set the level at which a project would cause or have a cumulatively considerable contribution to an exceedance of the NAAQS and/or CAAQS. Therefore, if a project’s air pollutant emissions exceed the NAAQS and/or CAAQS, the project could cause or contribute to human health impacts.
The SCAQMD recommends quantitative regional significance thresholds for temporary construction activities and long-term project operation in the SCAB. These thresholds, shown in Table 4.2-5, are used to evaluate a project’s potential air quality impacts.
Table 4.2-5 SCAQMD Air Quality Significance Thresholds
Pollutant Construction (pounds per day) Operation (pounds per day) NOx 100 55
VOC 75 55
PM10 150 150
PM2.5 55 55
SOx 150 150
CO 550 550
NOx = Nitrogen Oxides; VOC = Volatile Organic Compounds; PM10 = Particulate Matter with a diameter no more than 10 microns; PM2.5 = Particulate Matter with a diameter no more than 2.5 microns; SOx = Sulfur Oxide; CO = Carbon Monoxide Source: SCAQMD 2023
Localized Significance Thresholds
In addition to the above regional significance thresholds, the SCAQMD has developed Localized Significance Thresholds (LSTs) in response to the Governing Board’s Environmental Justice Enhancement Initiative (1-4), which was prepared to update the CEQA Air Quality Handbook (1993).
LSTs were devised in response to concern regarding exposure of individuals to criteria pollutants in City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-14
local communities and have been developed for NOX, CO, PM10, and PM2.5. LSTs represent the maximum emissions from a project that will not cause or contribute to an air quality exceedance of the most stringent applicable federal or State ambient air quality standard at the nearest sensitive receptor, taking into consideration ambient concentrations in each source receptor area, distance to the sensitive receptor, and project size. LSTs have been developed for emissions within site areas that measure one, two, or five acres. If a site is greater than five acres, SCAQMD recommends a dispersion analysis be performed. Dispersion analyses were performed for the proposed Project as part of the health risk assessment (HRA). LSTs only apply to emissions in a fixed stationary location (such as fugitive dust, equipment exhaust, and operational energy and area sources) and are not applicable to mobile sources, such as cars on a roadway (SCAQMD 2008, 2009).
The Project area is within source receptor area 6 (West San Fernando Valley). SCAQMD provides LST lookup tables for project sites that measure one, two, or five acres. For the Path analysis, the individual project site is approximately 3.4 acres; therefore, the LST analysis uses two-acre LSTs.
LSTs are provided for receptors at a distance of 82 feet (25 meters), 164 feet (50 meters), 328 feet (100 meters), 656 (200 meters), 1,640 feet (500 meters) from the Path disturbance boundary to the sensitive receptors. The border of construction activity for the Path would occur adjacent to singlefamily residences. Therefore, the analysis below uses the LST values for 82 feet (25 meters) to conservatively evaluate emissions. LSTs for construction in source receptor area 6 on a two-acre site with a receptor 82 feet away are shown in Table 4.2-6.
Table 4.2-6 SCAQMD LSTs for Construction and Operation
Pollutant
Allowable Emissions for a Two-Acre Site in Source Receptor Area-6 for a Receptor 82 Feet Away (pounds per day)
Construction
Gradual conversion of NOX to NO2 147
CO 644
PM10 6
PM2.5 4
NOx = Nitrogen Oxides; NO2 = Nitrogen Dioxide; CO = Carbon Monoxide; PM10 = Particulate Matter with a diameter no more than 10 microns; PM2.5 = Particulate Matter with a diameter no more than 2.5 microns Source: SCAQMD 2009
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-15
b. Project Impacts and Mitigation Measures
Threshold 1: Would the project conflict with or obstruct implementation of the applicable air quality plan?
Impact AQ-1 IMPLEMENTATION OF THE PROPOSED PROJECT WOULD NOT GENERATE POPULATION GROWTH. THEREFORE, THE PROJECT WOULD NOT EXCEED THE GROWTH FORECASTS ON WHICH THE 2022 AQMP IS BASED OR DELAY THE TIMELY ATTAINMENT OF AIR QUALITY STANDARDS. IMPACTS RELATED TO AQMP CONSISTENCY WOULD BE LESS THAN SIGNIFICANT.
Class I Facilities
A project may be inconsistent with the AQMP if it would generate population, housing, or employment growth exceeding forecasts used in the development of the AQMP. The 2022 AQMP, the most recent AQMP adopted by the SCAQMD, incorporates local city general plans and the SCAG’s Connect SoCal socioeconomic forecast projections of regional population, housing, and employment growth (SCAQMD 2022, SCAG 2020). 3 Construction of the Class I facilities would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities.
Therefore, implementation of the Class I facilities identified within the BMP would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based.
The AQMP also provides strategies and measures to reach attainment with the thresholds for 8-hour and 1-hour ozone and PM2.5. Construction of each individual project identified in the BMP would occur separately. The Medea Creek Path, a two-mile bicycle path, is the longest new facility proposed in the BMP, and construction of the Path would result in the largest area of disturbance with the most construction activities. All other facilities included within the BMP would be expected to result in less intensive construction, which would result in similar or lesser emissions than those of the Path. Therefore, to determine the maximum air quality impact associated with construction of any individual project within the Project area, an air quality assessment for construction of the Medea Creek Path was conducted below.
As shown in Table 4.2-7 under Impact AQ-2, construction of the Path would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, it can be conservatively assumed that construction of other Class I facilities would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Overall, implementation of Class I facilities would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
MEDEA CREEK PATH
Implementation of the Path, a Class I facility, would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities. Therefore, implementation of the Path would not 3On April 4, 2024, SCAG’s Regional Council formally adopted the 2024-2050 RTP/SCS (titled Connect SoCal 2024). The SIPs were adopted prior to this date and relies on the demographic and growth forecasts of the 2020-2045 RTP/SCS; therefore, these forecasts are utilized in the analysis of the project’s consistency with the AQMP.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-16
generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based.
Furthermore, as shown in Table 4.2 7 under Impact AQ-2, construction of the Path would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of the Path would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
Implementation of the Connection, a Class I facility, would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities. Therefore, implementation of the Connection would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based. Furthermore, based on the air quality assessment for construction of the Medea Creek Path (shown in Table 4.2 7 under Impact AQ-2), it can be conservatively assumed that construction of the Connection would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of the Connection would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
Class II Facilities
Similar to Class I facilities, construction of the Class II facilities would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities. Therefore, implementation of the Class II facilities identified within the BMP would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based. Furthermore, based on the air quality assessment for construction of the Medea Creek Path (shown in Table 4.2 7 under Impact AQ-2), it can be conservatively assumed that construction of Class II facilities would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of Class II facilities would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
Class III Facilities
Similar to Class I and Class II facilities, construction of the Class III facilities would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities. Therefore, implementation of the Class III facilities identified within the BMP would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based. Furthermore, as based on the air quality assessment for construction of the Medea Creek Path (shown in Table 4.2 7 under Impact AQ-2), it can be conservatively assumed that construction of Class III facilities would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of Class III facilities would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-17
Class IV Facilities
Similar to Class I, Class II, and Class III facilities, construction of the Class IV facilities would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities.
Therefore, implementation of the Class IV facilities identified within the BMP would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based. Furthermore, based on the air quality assessment for construction of the Medea Creek Path (shown in Table 4.2 7 under Impact AQ-2), it can be conservatively assumed that construction of Class IV facilities would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of Class IV facilities would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
Enhanced Bicycle Treatments
Similar to Class I-IV facilities, construction of enhanced bicycle treatments would not include the development of new residences such that population growth would occur, nor would it include the development of new businesses that could create employment opportunities. Therefore, implementation of the enhanced bicycle treatments identified within the BMP would not generate population, housing, or employment growth exceeding the SCAG growth forecast for the City of Agoura Hills or other growth forecasts on which the 2022 AQMP is based. Furthermore, based on the air quality assessment for construction of the Medea Creek Path (shown in Table 4.2 7 under Impact AQ-2), it can be conservatively assumed that construction of the enhanced bicycle treatments would not generate criteria pollutant emissions that would exceed SCAQMD thresholds for ozone precursors (VOC and NOX) and PM2.5. Therefore, implementation of the enhanced bicycle treatments would not conflict with or obstruct implementation of the applicable air quality plan.
This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, guided by the BMP.
The proposed General Plan Amendments would not encourage new development, result in unanticipated population growth, or update the growth forecasts on which the 2022 AQMP is based. Therefore, the Amendments would be consistent with existing growth forecasts for the City of Agoura Hills and would not conflict with or obstruct implementation of the applicable air quality plan. This impact would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-18
Threshold 2: Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
Impact AQ-2 CONSTRUCTION OF THE PROPOSED PROJECT WOULD NOT EXCEED SCAQMD’S REGIONAL THRESHOLDS OF SIGNIFICANCE AND WOULD NOT RESULT IN OPERATIONAL EMISSIONS; THEREFORE,
THE PROPOSED PROJECT WOULD NOT RESULT IN A CUMULATIVELY CONSIDERABLE NET INCREASE OF ANY
CRITERIA POLLUTANT FOR WHICH THE REGION IS IN NONATTAINMENT UNDER APPLICABLE FEDERAL OR STATE AMBIENT AIR QUALITY STANDARDS, AND IMPACTS WOULD BE LESS THAN SIGNIFICANT.
Class I Facilities
Construction of each individual project identified in the BMP would occur separately. The Medea Creek Path, a two-mile bicycle path, is the longest new facility proposed in the BMP, and construction of the Path would result in the largest area of disturbance with the most construction activities. All other facilities included within the BMP would be expected to result in less intensive construction, which would result in similar or lesser emissions than those of the Path. Therefore, to determine the maximum air quality impact associated with construction of any individual project within the Project area, an air quality assessment for construction of the Medea Creek Path was conducted below.
As shown in Table 4.2-7 below, construction-related emissions associated with implementation of the Path would not exceed SCAQMD thresholds. Therefore, it can be conservatively assumed that construction of other Class I facilities would also not exceed SCAQMD thresholds, and as such, construction of other Class I facilities would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard.
Operation of the Class I facilities would consist of bicycle and pedestrian travel along shared use paths, which would not result in a new source of mobile emissions. Therefore, operation of Class I facilities would not result in additional operational emissions beyond existing conditions. This impact would be less than significant.
MEDEA CREEK PATH
Construction of the Path would generate temporary air pollutant emissions associated with fugitive dust (PM10 and PM2.5) and exhaust emissions from heavy construction equipment and construction vehicles, in addition to VOC emissions that would be released during the drying of architectural coating and paving phases. Table 4.2-7 summarizes the estimated maximum daily emissions of pollutants during construction of the Path. As shown therein, construction-related emissions would not exceed SCAQMD thresholds. Therefore, construction of the Path would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-19
Table 4.2-7 Medea Creek Path Construction Emissions
Year
Maximum Daily Emissions (lbs./day)
VOC NOX CO SO2 PM10 PM2.5
2026 4 25 32 <1 3 1
SCAQMD Regional Thresholds 75 100 550 150 150 55
Threshold Exceeded? No No No No No No
lbs/day = pounds per day; VOC = volatile organic compounds; NOx = nitrogen oxide; CO = carbon monoxide; PM10 = particulate matter with a diameter no more than 10 microns; PM2.5 = particulate matter with a diameter no more than 2.5 microns; SOx = sulfur oxide Notes: Some numbers may not add up precisely due to rounding considerations. Maximum on-site emissions are the highest emissions that would occur on the Project area from on-site sources, such as heavy construction equipment and architectural coatings, and excludes off-site emissions from sources such as construction worker vehicle trips and haul truck trips.
Source: Table 2.2 “Construction Emissions by Year, Unmitigated” emissions. Highest of Summer and Winter emissions results are shown for all emissions. See CalEEMod worksheets in Appendix B.
Operation of the Path would consist of bicycle and pedestrian travel along a shared use path, which would not result in a new source of mobile emissions. Therefore, operation of Class I facilities would not result in additional operational emissions beyond existing conditions. This impact would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Connection would not exceed SCAQMD thresholds during construction or operation activities. Therefore, the Connection would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
Class II Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class II facilities would not exceed SCAQMD thresholds during construction or operation activities. Therefore, implementation of the Class II facilities would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
Class III Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class III facilities would not exceed SCAQMD thresholds during construction or operation activities. Therefore, implementation of the Class III facilities would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
Class IV Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class IV facilities would not exceed SCAQMD City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-20
thresholds during construction or operation activities. Therefore, implementation of the Class IV facilities would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
Enhanced Bicycle Treatments
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the enhanced bicycle treatments would not exceed SCAQMD thresholds during construction or operation activities. Therefore, implementation of the enhanced bicycle treatments would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, guided by the BMP.
The proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions. Therefore, the Amendments would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is in non-attainment under an applicable federal or State ambient air quality standard. No impact would occur.
Mitigation Measures
No mitigation measures would be required.
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 3: Would the project expose sensitive receptors to substantial pollutant concentrations?
Impact AQ-3 PROJECT CONSTRUCTION WOULD NOT EXPOSE SENSITIVE RECEPTORS TO SUBSTANTIAL TOXIC AIR CONTAINMENTS. THE PROJECT WOULD NOT INCREASE CARBON MONOXIDE CONCENTRATIONS
SUCH THAT IT WOULD CREATE CARBON MONOXIDE HOTSPOTS, AND THE PROJECT IS NOT CONSIDERED A LAND USE THAT WOULD GENERATE SUBSTANTIAL TOXIC AIR CONTAMINANTS EMISSIONS. IMPACTS WOULD BE LESS THAN SIGNIFICANT.
Class I Facilities
Class I facilities included in the BMP would be constructed in various locations across the City of Agoura Hills near a variety of sensitive receptors, including but not limited to residences and schools. The Medea Creek Path, a two-mile Class I facility, is the longest new facility proposed in the BMP, and construction of the Path would result in the largest area of disturbance with the most construction activities. Sensitive receptors nearest to the Path consist of single-family residences directly adjacent to Path’s alignment. All other facilities included within the BMP would be expected to result in less intensive construction, which would result in similar or lesser pollutant Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-21
concentrations near sensitive receptors than those of the Path. Therefore, to determine the maximum air quality impact associated with pollutant concentrations of any individual project within the Project area, an air quality assessment for construction of the Medea Creek Path was conducted below.
As shown in Table 4.2-8, construction of the Path would not generate localized construction emissions that would exceed SCAQMD LST thresholds. Therefore, it can be conservatively assumed that construction of other Class I facilities would not generate localized construction emissions that would exceed SCAQMD LST thresholds.
Operation of the Class I facilities would consist of bicycle and pedestrian travel along shared use paths, which would not result in a new source of mobile emissions. Therefore, operation of Class I facilities would not result in additional operational emissions beyond existing conditions, and no impacts related to TACs during operation would occur.
MEDEA CREEK PATH
As discussed under Section 4.1.1, Setting, the closest sensitive receptors to the Path are singlefamily residences that share a property boundary line with the Project area. Localized air quality impacts to sensitive receptors typically result from TACs, which are analyzed through LSTs in the SCAQMD. The construction analysis for the Path assumes the main construction activities would occur on the north side of the Project boundary, which is shared with the nearest residential receptors. Table 4.2-8 summarizes the maximum localized daily construction emissions from Path construction. As shown therein, localized construction emissions would not exceed SCAQMD LST thresholds. Therefore, localized pollutant emissions impacts from Path construction would be less than significant.
Table 4.2-8 Path LST Construction Emissions
Year
Pollutant (lbs./day)
NOX CO PM10 PM2.5
Maximum Construction On-site Emissions 25 29 2 1
SCAQMD LST 147 644 6 4
Threshold Exceeded? No No No No
lbs/day = pounds per day; VOC = volatile organic compounds; NOx = nitrogen oxide; CO = carbon monoxide; PM10 = particulate matter with a diameter no more than 10 microns; PM2.5 = particulate matter with a diameter no more than 2.5 microns; SOx = sulfur oxide Notes: Some numbers may not add up precisely due to rounding considerations. Maximum on-site emissions are the highest emissions that would occur on the Project area from on-site sources, such as heavy construction equipment and architectural coatings, and excludes off-site emissions from sources such as construction worker vehicle trips and haul truck trips Source: CalEEMod worksheets are provided in Appendix B, see Table 3.2 – 3.6 “Overall Construction-mitigated” emissions. Highest of Summer and Winter emissions results are shown for all emissions. The mitigated emissions account for Project sustainability features and/or compliance with specific regulatory standards.
Operation of the Path would consist of bicycle and pedestrian travel along a shared use path, which would not result in a new source of mobile emissions. Therefore, operation of the Path would not result in additional operational emissions beyond existing conditions, and no impacts related to TACs during operation would occur.
AGOURA HIGH SCHOOL CONNECTION
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Connection would not exceed SCAQMD LST City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-22
thresholds during construction or operation activities. As such, construction and operation of the Connection would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
Class II Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class II facilities would not exceed SCAQMD LST thresholds during construction or operation activities. As such, construction and operation of the Class II facilities would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
Class III Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class III facilities would not exceed SCAQMD LST thresholds during construction or operation activities. As such, construction and operation of the Class III facilities would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
Class IV Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class IV facilities would not exceed SCAQMD LST thresholds during construction or operation activities. As such, construction and operation of the Class IV facilities would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
Enhanced Bicycle Treatments
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the enhanced bicycle treatments would not exceed SCAQMD LST thresholds during construction or operation activities. As such, construction and operation of the enhanced bicycle treatments would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, guided by the BMP.
The proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions. Therefore, the Amendments would not expose sensitive receptors to substantial TACs. This impact would be less than significant.
Mitigation Measures
No mitigation measures would be required.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-23
Significance After Mitigation
Impacts would be less than significant without mitigation.
Threshold 4: Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Impact AQ-4 THE PROJECT WOULD NOT GENERATE ODORS ADVERSELY AFFECTING A SUBSTANTIAL NUMBER OF PEOPLE DURING CONSTRUCTION OR OPERATION. IMPACTS WOULD BE LESS THAN SIGNIFICANT Class I Facilities
Construction of each individual project identified in the BMP would occur separately. The Medea Creek Path, a two-mile bicycle path, is the longest new facility proposed in the BMP, and construction of the Path would result in the largest area of disturbance with the most construction activities. All other facilities included within the BMP would be expected to result in less intensive construction, which would result in similar or lesser emissions, including those leading to odors, than those of the Path. Therefore, to determine the maximum air quality impact associated with construction of any individual project within the Project area, an air quality assessment for construction of the Medea Creek Path was conducted.
As identified below, odors emitted during construction activities associated with implementation of the Path would be intermittent and temporary in nature, and would cease upon completion.
Furthermore, construction activities for the Path, as well as all other Class I facilities, would be required to comply with SCAQMD Rule 402, which specifies that a person shall not discharge such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public. Therefore, construction of the Path would not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people, and it can be conservatively assumed that construction of other Class I facilities would also not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people.
Operation of the Class I facilities would consist of bicycle and pedestrian travel along shared use paths. These activities would not result in a new source of odor emissions beyond existing conditions. Overall, the Class I facilities would not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people and impacts would be less than significant.
MEDEA CREEK PATH
During construction activities for the Medea Creek Path, use of heavy equipment and other construction vehicles would emit odors associated with engine exhaust, and during idling. These odors would be intermittent and temporary in nature, and would cease upon completion. In addition, construction of the Path would be required to comply with SCAQMD Rule 402, which specifies that a person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public.
Operation of the Path would consist of bicycle and pedestrian travel along a shared use path. These activities would not result in a new source of odor emissions beyond existing conditions. Overall, the City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-24
Path would not result in other emissions (such as those leading to odors) that would adversely affect a substantial number of people and impacts would be less than significant.
AGOURA HIGH SCHOOL CONNECTION
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Connection would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people. This impact would be less than significant.
Class II Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class II facilities would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people. This impact would be less than significant.
Class III Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class III facilities would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people. This impact would be less than significant.
Class IV Facilities
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the Class IV facilities would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people. This impact would be less than significant.
Enhanced Bicycle Treatments
Based on the air quality assessment for construction and operation of the Medea Creek Path, it can be conservatively assumed that implementation of the enhanced bicycle treatments would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people. This impact would be less than significant.
General Plan Amendments
As part of the proposed Project, the City must amend Chapter 3, Infrastructure and Community Services, of the City of Agoura Hills General Plan 2035 to ensure consistency with the proposed BMP. These General Plan Amendments shift the focus from prioritizing automobile mobility to reducing VMT through alternative transportation modes like walking and biking, guided by the BMP.
The proposed General Plan Amendments would not result in construction or operation activities beyond existing conditions. Therefore, the Amendments would not result in other emissions (such as those leading to odors) during construction or operation that would adversely affect a substantial number of people.
Mitigation Measures
No mitigation measures would be required.
Environmental Impact Analysis
Air Quality
Final Programmatic Environmental Impact Report 4.2-25
Significance After Mitigation
Impacts would be less than significant without mitigation.
4.2.4 Cumulative Impacts
The geographic scope for cumulative air quality impacts is the SCAB. SCAB is currently designated as a nonattainment area for federal and State one-hour and eight-hour O3 standards, State PM10 standards, federal 24-hour PM2.5 standards, and federal and State annual PM2.5 standards. As such, there is an existing adverse effect related to air quality within the SCAB relative to these pollutants.
This cumulative assessment of air quality impacts is based on the SCAQMD’s recommendations included in their CEQA Air Quality Handbook and White Paper on Potential Control Strategies to Address Cumulative Impacts from Air Pollution (SCAQMD 2003). Individual projects under the SCAQMD’s jurisdiction would cause a cumulatively considerable increase in emissions for which the SCAB is in non-attainment if the individual project exceeds the SCAQMD’s recommended thresholds. As identified in Table 3-1, Cumulative Project List, in Section 3.4, Cumulative Development, there are 11 currently planned and pending projects in the City of Agoura Hills, which would include recreation, residential, commercial, and office uses.
According to SCAQMD, if a project is inconsistent with the 2022 AQMP, it would be considered to result in a cumulatively adverse air quality impact. As identified under Impact AQ-1, the Project would be consistent with the 2022 AQMP. As such, cumulative impacts related to a conflict with an applicable air quality plan would be less than significant.
Cumulative development would generate temporary air quality emissions during construction activities. Each project would be required to comply with SCAQMD’s regional criteria pollutant thresholds, which are developed to determine if an individual project would contribute to a cumulative impact within the SCAB (i.e., would an individual project contribute substantial emissions to a pollutant that the basin is in non-attainment for). When considered together, cumulative development could result in a potentially significant cumulative impact related to the net increase of criteria pollutants in the region. As shown in Table 4.2-7, construction of the Path would result in emissions that are well below the SCAQMD regional thresholds, and thus would not contribute to regional emissions during construction such that an air quality standard would be violated. As the Path is the longest new facility proposed in the BMP, and construction of the Path would result in the largest area of disturbance with the most construction activities, all other facilities included within the BMP would be expected to result in less intensive construction, which would result in similar or lesser emissions than those of the Path. Therefore, it can be conservatively assumed that implementation of all other facilities identified within the BMP would also result in emissions that are well below the SCAQMD regional thresholds, and thus would not contribute to regional emissions during construction such that an air quality standard would be violated.
Furthermore, implementation of the BMP would not result in additional operational emissions beyond existing conditions because use of the identified bicycle facilities path would not increase vehicle trips, and thus the BMP would not result in a considerable increase of criteria pollutant emissions from mobile sources. Overall, the proposed Project would not considerably contribute to a cumulative impact related to a net increase in criteria pollutants in the SCAB.
Cumulative impacts related to nearby sensitive receptors are generally localized. With respect to localized impacts, the consideration of cumulative construction impacts is limited to particulate matter and cases when projects are constructed simultaneously and located within a few hundred yards of each other because of the short range (distance) of particulate dispersion, especially when City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.2-26
compared to gaseous pollutants. Construction activities associated with implementation of the BMP could overlap with construction of some cumulative projects listed in Table 3-1. All cumulative development projects would be required to comply with the same SCAQMD thresholds analyzed under Impact AQ-3. Nonetheless, cumulative development could result in a potentially significant impact related to exposure of sensitive receptors to substantial particulate matter concentrations.
The minimal daily PM10 emissions identified under Impact AQ-3, the emissions well below SCAQMD thresholds shown in Table 4.2-7, compliance with SCAQMD thresholds and rules that manage fugitive dust (such as Rule 403), and implementation of standard construction measures, implementation of the BMP would not contribute a considerable amount of pollutants from construction emissions to the regional or local area, nor would implementation of the BMP considerably contribute to a cumulative impact related to exposure of sensitive receptors to substantial pollutant concentrations.
Cumulative impacts related to odors are also generally localized. With respect to localized impacts, the consideration of cumulative odor impacts is limited to cases when projects are constructed simultaneously and located within a few hundred yards of each other because of the short range (distance) of odor dispersion. While the cumulative projects listed in Table 3-1 may emit odors from construction at the same time as the project, these emissions would be short-term and would dissipate rapidly with distance. In addition, the proposed Project is not identified as an odor producing facility nor are there projects included in the cumulative development list that would produce significant odors. Therefore, cumulative impacts related to odors would be less than significant.
Environmental Impact Analysis
Biological Resources
Final Programmatic Environmental Impact Report 4.3-1
4.3 Biological Resources
The analysis in this section considers potential impacts to biological resources. Specifically, this section discusses the environmental and regulatory setting; the criteria used to determine the significance of environmental impacts related to biological resources; and potential impacts related to biological resources that would result from implementation of the proposed Project.
4.3.1 Setting
a. Topography, Soils, and Climate
The Project area encompasses all of the City of Agoura Hills. Topography of the Project area varies from gradual to rugged, steeply sloped terrain, with elevations ranging from approximately 800 feet above mean sea level in Lindero Canyon in the western portion of the Project area to 2,000 feet above mean sea level at Ladyface Mountain in the southern portion of the Project area. Other features include Strawberry Hill, Palo Comado Canyon, Liberty Canyon, and a number of smaller hills, ridgelines, canyons, and Lake Lindero. Soils in the Project area are generally loamy (Soil Survey Staff, Natural Resources Conservation Service, United States [US] Department of Agriculture 2025).
The City of Agoura Hills has a Mediterranean climate characterized by warm, dry summers and mild winters. Summer temperatures typically range from the high 50s to mid-70s degrees Fahrenheit, while winter temperatures generally fall between the 40s to 60s degrees Fahrenheit. Average annual rainfall is about 18 inches and historically occurs between November and April. b. Vegetation and Land Cover Types
Riparian Woodlands
Riparian habitats present within the Project area include southern coast live oak riparian forest, valley foothill riparian, riparian woodlands, riparian scrubs, and riparian seeps and springs. These habitats have high value for wildlife as they provide water, thermal cover, migration corridors, and diverse breeding and feeding opportunities. Riparian woodlands in and near the Project area are generally comprised of oak (Quercus spp.), California sycamore (Platanus racemosa), cottonwood (Populus spp.), and willow (Salix spp.) trees. Other species commonly found in the understory include mulefat (Baccharis salicifolia), blue elderberry (Sambucus mexicana), fragrant sumac (Rhus aromatica), poison oak (Toxicodendron diversilobum), mugwort (Artemisia douglasiana), California rose (Rosa californica), and California blackberry (Rubus ursinus). Herbs and grasses may include docks (Rumex spp.), sedges (Carex spp.), rushes (Juncus spp.), oats (Avena spp.), bromes (Bromus spp.), and mustards (e.g., Brassica, Hirschfeldia, Rapa spp.). Riparian woodlands within the Project area are found primarily around Medea Creek, Chesebro Creek, and scattered in other small areas throughout the city near drainages and other wetland or aquatic features.
Oak Woodland
Oak woodlands in the Project area include stands dominated by coast live oak (Quercus agrifolia) or valley oak (Quercus lobata) trees. Coast live oak woodland habitat is typically characterized by coast live oak trees in monotypic stands with an absent to dense understory. California walnut (Juglans californica) may be present as a co-dominant tree species in some areas. Typical understory species include shade tolerant shrubs such as blackberry, toyon (Heteromeles arbutifolia), and poison oak; and herbaceous plants such as fiesta flower (Pholistoma auritum), miner’s lettuce (Claytonia City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.3-2
perfoliata), and various fern species. Valley oak woodlands typically include an open to continuous, or savannah-like tree canopy dominated by valley oaks. The shrub layer is sparse to open, and the herbaceous layer typically includes a wide range of grasses such as oats and bromes. On drier slopes, where savannas are more common, coast live oak woodland is often intermixed with coastal scrub, grassland, and chapparal communities. Oak woodlands and savannas support the greatest species richness of any vegetation type in the state and are considered important habitats (Barbour et al. 2007). Intact oak woodland habitat in the Project area is limited to Palo Comado Canyon Creek in the northeast and a few isolated stands in the central portion of the city south of Thousand Oaks Boulevard and west of Kanana Road.
Grasslands
Grasslands typically form on deep soils, usually on level terrain, but often dominate local hillsides.
The soil moisture can range from moist to almost saturated. Grasslands in the Project area primarily consist of non-native/annual species. Non-native grasslands are typically an introduced plant community containing primarily annual “weedy” species such as wild oats, mustards, and brome.
Native species include purple needlegrass (Stipa pulchra) and herbaceous wildflowers such as baby blue eyes (Nemophila menziesii), lupines (Lupinus spp.), owl’s clover (Castilleja exserta), and blue dicks (Dichelostemma capitatum). Grasslands occur in the northeastern corner of the Project area, adjacent to Medea Creek north of Thousand Oaks Boulevard, and in scattered isolated patches in the northwestern, central, and southern portions of the Project area. Non-native grasslands are not classified as sensitive by California Department of Fish and Wildlife (CDFW; CDFW 2025e).
Chaparral
Chaparral is one of the most widespread plant communities in California and is often closely associated with southern coastal scrub occurrences. Chaparral soils are often shallow and rocky with low fertility. Vegetation is typically characterized by dense, needle-leafed or broad-leafed sclerophyllous shrubs and dwarf trees, with little to no understory. Chaparral communities are diverse and can include great variation in the assemblage of shrub species present, including chamise (Adenostoma fasciculatum), manzanita (Arctostaphylos spp.), ceanothus (Ceanothus spp.), laurel sumac (Malosma laurina), sticky monkey flower (Diplacus aurantiacus), California buckwheat (Eriogonum fasciculatum), lemonade berry (Rhamnus ilicifolia), oaks, toyon, sage (Salvia spp.), yerba santa (Eriodictyon spp.), chaparral yucca (Hesperoyucca whipplei), and poison oak in locally varying abundances. Chaparral communities are closely associated with fire. Wildfire in chaparral communities is a recurrent event and the plant species that grow in this community are adapted to this regime. This community occurs throughout the southern portion of the Project area south of Agoura Road.
Scrub
Stands of this vegetation community within the Project area are dominated by California sagebrush (Artemisia californica), California buckwheat, or coyote brush (Baccharis pilularis). Scrub habitat also includes smaller shrub species such as sticky monkey flower and deer weed (Acmispon glaber), with annual grasses such as wild oats (Avena spp.) and bromes (Bromus spp.) or herbs such as redstem filaree (Erodium cicutatium) in the opening between shrubs. Although it contains constituents of the chaparral communities, this vegetation type is typically more open and low-lying than the chaparral.
Large, intact scrub habitat occurs in the northeastern, northwestern, and southeastern portions of the Project area, with some smaller isolated patches scattered in the Project area. This habitat Environmental Impact Analysis
Biological Resources
Final Programmatic Environmental Impact Report 4.3-3
integrates with adjacent grassland, chaparral, and oak woodland habitat in some areas, and provides high value for plants and wildlife.
Developed/Disturbed
Developed/disturbed areas include commercial and retail developments, residential buildings, shopping centers, other infrastructure, golf courses, and paved areas with little to no vegetation, including roadways, unpaved gravel or hardpacked dirt. Ornamental landscaping typically associated with developed/disturbed areas includes a variety of non-native plant and tree species and provides limited value for wildlife. Developed/disturbed land occurs throughout the Project area and is not classified as sensitive by CDFW (CDFW 2025e).
c. Drainages, Wetlands, and Aquatic Habitat
The Project area is within the Malibu Creek Watershed (HUC 10-1807010401) and contains four main creeks, Medea, Lindero Canyon, Palo Comado, and Chesebro (US Geological Survey National Hydrography Dataset 2025). Medea Creek flows through the middle of the city, passing through both natural and man-made channels and an open space area. Lindero Canyon Creek flows through a canyon in the northwest part of the city, empties into Lake Lindero, and then reappears just south of Agoura Road, west of Kanan Road. Lake Lindero is an artificial lake in the western portion of the city, primarily surrounded by residences and a public golf course. Palo Comado Creek crosses the northeast section of the city, while Chesebro Creek flows along the north side of Agoura Road between Lewis Road and Medea Creek. In addition to these creeks, many smaller streams throughout the city occasionally carry water. Intermittent streams generally flow during the wetter months, with flow typically influenced by seasonal rainfall patterns. During the rainy season, the creeks can swell significantly, draining surface runoff from surrounding hills and the urban areas above. In drier months, the creeks may dry up or flow more slowly, leaving behind small pools of water in certain areas. This seasonal flow pattern is typical of the region's climate.
Wetlands and aquatic habitat are regarded as important biological resources both because of their rarity in California and because they serve a variety of functional values. The United States Fish and Wildlife Service (USFWS) National Wetlands Inventory (NWI) illustrates several wetlands and nonwetland waters that occur within the Project area (USFWS 2025c). A general description of each of the classifications that occurs within the Project area is provided below. Of those habitats mapped by the NWI, freshwater emergent wetland and riverine are also mapped by the California Wildlife Habitat Relationships (CDFW 2025e).
Freshwater Emergent Wetlands
Freshwater emergent wetlands include all non-tidal waters dominated by emergent herbaceous plant species, mosses, and/or lichens. Wetlands of this type are also low in salinity. Wetlands which lack vegetation can be included in this class if they are less than 20 acres, do not have an active wave-formed or bedrock shoreline feature, have a low water depth less than 6.6 feet.
Freshwater emergent wetlands are characterized by erect, rooted herbaceous hydrophytes.
Dominant vegetation is generally perennial monocots. All emergent wetlands are flooded frequently enough so that the roots of the vegetation prosper in an anaerobic environment. The vegetation may vary in size from small clumps to vast areas covering several kilometers. The acreage of freshwater emergent wetlands in California has decreased dramatically since the turn of the century due to drainage and conversion to other uses, primarily agriculture.
City of Agoura Hills
Agoura Hills Bicycle Master Plan
4.3-4
This wetland type can include vernal pools which are seasonal wetlands are small depressions that fill with water during the winter, gradually drying during the spring and becoming completely dry in the summer. These pools are found in only a few places in the world outside of California. Vernal pool vegetation is characterized by herbaceous plants that begin their growth as aquatic or semiaquatic plants and transition to a dry land environment as the pool dries. Most vernal pool plants are annual herbs.
Freshwater Forested/Shrub Wetlands
These wetlands include non-tidal waters which are dominated by trees and shrubs, with emergent herbaceous plants, mosses, and/or lichens. Wetlands which lack vegetation can be included in this class if they also exhibit the same criteria as described for freshwater emergent wetlands. The vegetation found in freshwater forested/shrub wetlands are generally dominated by woody vegetation such as shrubs and trees. This wetland category also can include riparian habitats.
Freshwater Ponds
Freshwater ponds include non-tidal waters with vegetative cover along its edges such as trees, shrubs, emergent herbaceous plants, mosses, and/or lichens. Freshwater ponds can be man-made or natural and typically consist of an area of standing water with variable amounts of shoreline.
These wetlands and deep-water habitats are dominated by plants that grow on or below the surface of the water.
Riverine
Riverine habitats are a riverine system which includes all wetlands and deep-water habitats contained in natural or artificial channels that contain periodically or continuously flowing water.
This system may also form a connecting link between two bodies of standing water. Substrates generally consist of rock, cobble, gravel, or sand.
d. Special-Status Species
For the purpose of this Program Environmental Impact Report, special-status species are those plants and animals listed, proposed for listing, or candidates for listing as Threatened or Endangered by the USFW under the federal Endangered Species Act (FESA); those listed or candidates for listing as Rare, Threatened, or Endangered by the CDFW under the California Endangered Species Act (CESA); animals designated as “Fully Protected” by the California Fish and Game Code (CFGC); animals listed as “Species of Special Concern” by the CDFW1 ; species listed on the CDFW Special
Animals List (CDFW 2025c) and CDFW Special Vascular Plants, Bryophytes, and Lichens List (CDFW 2025b) with a California Natural Diversity Database (CNDDB) state imperilment status of S1-S3 (CDFW 2025a); plant species with California Native Plant Society (CNPS) California Rare Plant Rank (CRPR) of 1A (presumed extirpated in California and either rare or extinct elsewhere), 1B (Rare or Endangered in California and elsewhere), 2A (Presumed extirpated in California, but more common elsewhere), 2B (Rare or Endangered in California, but more common elsewhere), and 4 (Plants of limited distribution – Watch list) in the Inventory of Rare and Endangered Vascular Plants of 1 Species of Special Concern is a category used by the CDFW for those species which are considered indicators of regional habitat changes or are considered to be potential future protected species. Species of Special Concern do not have any special legal status except that which may be afforded by the Fish and Game Code. The category is intended by the CDFW for use as a management tool to include these species into special consideration when decisions are made concerning the development of natural lands, and these species are considered sensitive as described under the CEQA Appendix G questions.