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against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the Item Title: 10.10
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right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must include the following reference:
ENVIRONMENTAL CONSULTING SERIVCES FOR PLANNING CASE NUMBERS 21- 0404 AND 21-0405. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
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During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
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5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State Item Title: 10.10
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of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415-703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees, and volunteers harmless from and against any liability, loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
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8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Tony Petros, President/COO (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Orlando Hernandez, Planning Manager (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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LSA ASSOCIATES, INC
Attn: Tony Petros, President/COO
20 Executive Park, Suite 200
Irvine, CA 92614
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Orlando Hernandez, Planning Manager
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Mike Trotta, CEO
Tony Petros, President/COO
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
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7630421.2 a00/00/00 EXHIBIT A.
EXHIBIT A
SCOPE OF SERVICES
Services shall include Environmental consulting services to prepare and addendum to the City of Menifee General Plan Environmental Impact Report for Planning Case Number 21-0404 and 21- 0405. in the amount not to exceed THIRTY FIVE THOUSAND EIGHT HUNDRED SEVENTY DOLLARS AND ZERO CENTS ($35,870.00) as further detailed in the following page(s).
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
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7630421.2 a00/00/00 EXHIBIT A.
Item Title: 10.10
City-Initiated CEQA Document Preparation for the Economic Development Corridor General Plan Amendment and Zone Change
Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services
MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Antonio Chavez, Management Analyst
REVIEWED BY: Craig Carlson, Building Official
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Approve Amendment No. 1 to the existing agreement for Esgil, LLC to increase by a not-to- exceed amount of $150,000, for a revised total contract amount not-to-exceed $300,000 for as needed plan review services.
DISCUSSION
The City’s Building & Safety Department utilizes professional consultants to provide supplementary plan review services on an as needed basis. Accordingly, at the June 16th, 2021 regular City Council meeting, a professional services agreement in the amount not-to-exceed $150,000 for as needed plan review services for the fiscal year 2021/22 period was approved.
Esgil, LLC provides a wide range of municipal consulting services, including plan review services to municipal agencies, including the City of Menifee.
In the last year, including the first half of fiscal year 2021/22, development and construction activity within the City has remained consistent when compared to previous fiscal years. Additionally, solar activity has significantly increased, thereby increasing the volume of plan reviews that are sent to Esgil, LLC. Upon review of its current need for plan review services and projected needs for the balance of fiscal year 2021/22, staff is recommending an amendment to the existing professional services agreement with Esgil Corporation in the not-to-exceed amount of $150,000, for a total revised contract amount not-to-exceed $300,000. All other terms of the agreement, including scope of services and term of services would remain the same.
STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Government.
Item Title: 10.11
Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
Amendment No. 1 to Esgil Agreement
March 2, 2022
9 0
5 FISCAL IMPACT
The fiscal impact of the proposed Amendment No. 1 to the existing Professional Services Agreement with Esgil Corporation is $150,000. The costs associated with Amendment No. 1 would be funded through available funds within the Building & Safety Department’s fiscal year 2021/22 budget, under Account No. 100-4331-52800 (Professional Services). No additional budget requests or appropriations are required for this contract amendment.
ATTACHMENTS
1. Amendment No. 1
2. Esgil Corporation - Building Plan Review FY21-22
Item Title: 10.11
Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 2
Menifee Mayor and City Council April 6, 2022
AMENDMENT NO. 1 TO
AGREEMENT BETWEEN ESGIL, LLC
AND THE CITY OF MENIFEE FOR FY 2021/22 ON-CALL BUILDING & SAFETY PLAN
REVIEW SERVICES
This is Amendment No. 1 to that certain AGREEMENT for Professional Services Agreement (“Agreement”) made on June 16, 2021 between the City of Menifee (“City”) and ESGIL, LLC (“Consultant”) for FY 2021/22 ON -CALL BUILDING & SAFETY PLAN REVIEW SERVICES which Amendment No. 1 is made and entered into on ______________, 2022 to increase the compensation amount as indicated below:
1. Section 2, “Compensation” is amended to increase the maximum compensation by $150,000.00 (ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ), and is amended to read as follows:
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed $300,000.00 (THREE HUNDRED THOUSAND DOLLARS AND ZERO CENTS) notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2. All other terms and conditions of the Agreement remain in full force and effect.
Item Title: 10.11
Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
Professional Services Amendment No. 1 with ESGIL, LLC
CITY OF MENIFEE ESGIL, LLC
_______________________________ _______________________________ Armando G. Villa, City Manager Thomas P. Wilkas, CFO
Attest: ________________________________
Matthew Royer, COO
_______________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.11
Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 4
Menifee Mayor and City Council April 6, 2022
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CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this _____ day of __________, 2021 (“Effective Date”) by and between the CITY OF MENIFEE, a California municipal corporation, (“City”) and Esgil, LLC , a California Corporation (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.”
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Sco pe of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services . The term of this Agreement shall begin on July 1, 2021 and shall end on June 30, 2022 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience , Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant prac tices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel . Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at a ny time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoev er under the terms of this Agreement until receipt of authorization from the Contract Administrator.
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1.6 Covid-19 Safety. If Consultant enters City property or meets in person with City employees during the performance of the Services, Consultant shall comply with all State, County, and local emergency orders, directives, protocols, and best practices related to the COVID -19 pandemic, including, but not limited to: (A) wearing facial coverings, (B) maintaining adequate physical distancing when possible, (C) regular hand washing, and (D) regular hand sanitizing.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail.
City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified he rein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total numb er of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.11
Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 6
Menifee Mayor and City Council April 6, 2022
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City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfact orily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Final Payment. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment . City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultan t submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination . In the event that City or Consultant terminates t his Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination. Consult ant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility t hat may involve incurring any direct expense, including but not DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.11
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limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance checked below and provide Certificates of Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover inter-insured suits between City and other Insureds.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self - insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirem ents. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance o r an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least t wice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
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b. Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage. c. Additional requirements. Each of the following shall be included in t he insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
4.3 Professional Liability Insurance.
a. General requirements . Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional lia bility insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions.
Any deductible or self -insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved by City.
b. Claims-made limitations . The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
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Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 9
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d. A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of insurers . All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of coverage . Prior to beginning the Services under this Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The Certificate of Insurance must inclu de the following reference: FY 2021/22 ON-CALL BUILDING & SAFETY PLAN REVIEW SERVICES . The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage . Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insura nce policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased.
d. Additional insured; primary insurance . Except for Professional Liability and Workers’ Compensation, city and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non -contributory basis with respect to any insurance or self -insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attac hed to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self -insured Retentions . Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
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Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 10
Menifee Mayor and City Council April 6, 2022
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During the term of this Agreement, only upon the prior express writ ten authorization of the Contract Administrator, Consultant may increase such deductibles or self - insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self -insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements s tated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both s top work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability . Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or sub contractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professio nal services under this Agreement.
Consultant shall provide City with legal counsel. City shall be entitled to participate in, but not DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.11
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control, the defense of any indemnity claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the City’s own expense.
5.2 Indemnification for Other than Professional Liability . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant. Consultant shall provide City with legal counsel. City shall be entitled to participate in, but not control, the defense of any indemnity claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the City’s own expense.
5.3 Limitation of Indemnification . The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all o f its officers, officials, employees, and agents acting in an official capacity.
The foregoing shall be subject to the limitation on CONSULTANT’s duty to indemnify whereby such duty only arises for claims relating to the negligence, recklessness or willful misconduct of CONSULTANT as well as the limitation on the cost to defend whereby CONSULTANT will only bear such cost in proportion to CONSULTANT’s proportionate percentage of fault.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of p ersonnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the S ervices under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any com pensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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Esgil, LLC Agreement Amendment for On-call Building and Safety Plan Review Services Item Page Number: 12
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Any and all work subject to prevailing wages, as determined by the Director of Industrial Relations of the State of California, will be the minimum paid to all laborers, including Consultant’s employee and subcontractors. It is understood that it is the responsibility of Consultant to determine the correct scale. The State Prevailing Wage Rates may be obtained from the California Department of Industrial Relations (“DIR”) pursuant to California Public Utilities Code, Sections 465, 466, and 467 by calling 415 -703-4774. Appropriate records demonstrating compliance with such requirement shall be maintained in a safe and secure location at all times, and readily available at City’s request. Consultant shall indemnify, defend, and hold City and its elected and appointed boards, members, officials, officers, agents, representatives, employees , and volunteers harmless from and against any liability , loss, damage, cost or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other sim ilar law. It is agreed by the P arties that, in connection with performance of the Services, including, without limitation, any and all public works (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.
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SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compe nsation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obliga tion to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultan t’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant . If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
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b. Retain the plans, specifications, drawings, reports, design d ocuments, and any other work product prepared by Consultant pursuant to this Agreement; c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performanc e. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents an d other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consen t of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and oth er intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, ph ysical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant un der this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agre e in writing that City is granted a non - exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records . Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for the Services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records shall be maintained DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.11
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in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records . Any records or documents that Section 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern the interpretation and enforcement of this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is he ld invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings . The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Avner Alkhas, Interim CFO (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, DocuSign Envelope ID: 7F87AE69-4C61-424B-995F-CE1C6BD27397 DocuSign Envelope ID: 8208821B-19F9-4E1C-A966-7466918BE081 Item Title: 10.11
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sequences, and procedures and for the satisfactory coordination of al l portions of the Services under this Agreement.
10.8 City Contract Administration . This Agreement shall be administered by a City employee, Craig Carlson, Building Official (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Esgil, LLC
Attn: Avner Alkhas, Interim CFO
9320 Chesapeake Dr, Suite 208
San Diego, CA 92123
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Craig Carlson, Building Official
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal . Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the P arties are cumulative and the exercise by either P arty of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
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10.12 Integration. This Agreement, including the scope of servi ces attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver th is Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisi ons of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other A greement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with th e award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub -agreement, or the proceeds thereof, for the Services to be performed under this Agreement. [Signatures on Following Page]
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IN WITNESS WHEREOF, the P arties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF MENIFEE
Armando G. Villa, City Manager
Attest:
Sarah A. Manwaring, City Clerk
Approved as to Form:
Jeffrey T. Melching, City Attorney
CONSULTANT
Avner Alkhas, Interim CFO
Paul Meschino, VP of Operations
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless provided
with a certificate of secretary in-lieu]
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EXHIBIT A
EXHIBIT A
SCOPE OF SERVICES
As Needed Plan Review Services (Building & Safety) in the amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS ($150,000.00), unless formally modified by written amendment. Scope of services is further outlined in following page(s).
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EXHIBIT A
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Menifee Mayor and City Council April 6, 2022
CITY OF MENIFEE
SUBJECT: Evans Park Design and Construction Project Phase 1 MEETING DATE: April 6, 2022
TO: Mayor and City Council
PREPARED BY: Bryce Howell, Park/Landscape Maintenance Manager REVIEWED BY: Jonathan Nicks, Community Services Director APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION
1. Adopt a Resolution adopting the Initial Study and Mitigated Negative Declaration (IS/MND) for phase 1 of the Evans Park Design and Construction Project (CIP No. 17-01), located east of Evans Road and north and south of Craig Avenue, based on the findings that the project will not have a significant effect on the environment.
DISCUSSION
The Evans Park Design and Construction Project (CIP No. 17-01) involves the construction of a new community park in the City of Menifee and would be located east of Evans Road and north and south of Craig Avenue. Implementation of the Project would contribute to meeting the 5 acres per 1,000 resident standard identified in the General Plan (OCS 1.2). A City-wide park planning process resulted in the adoption and implementation of the City’s Park, Trails, and Open Space Master Plan. The Parks Master Plan included Evans Park as a conceptual 20-acre site that is intended for use by residents of the City.
The first phase encompasses the southern six acres of the site. This phase would include the construction of bicycle trails, pump track park, and parking lot and is anticipated to open in summer 2022. This park was formally adopted as the Gale Webb Action Sports Park at the October 20, 2021 City Council meeting. Subsequently, an agreement with American Ramp Company was approved at the November 3, 2021 City Council meeting to construct the pump track and bike trails once environmental review was completed.
The second phase would encompass the undeveloped City property north of Craig Avenue and East of Evans Road. A conceptual design was developed in the Parks Master Plan with a multi- use sports field, splash plad, picnic areas, and trails. Design on the second phase is anticipated Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 1
Menifee Mayor and City Council April 6, 2022
City of Menifee Staff Report
Evans Park IS/MND
April 6, 2022
9 1
8 to commence once the Parks Master Plan update has been completed to ensure the appropriate amenities are included in the project.
On June 16, 2021, City Council approved an agreement with HELIX Environmental Planning (HELIX) for CEQA Consulting Services for the Evans Park Design and Construction project.
HELIX started working on the CEQA documents in July of 2021. HELIX determined that a Mitigated Declaration was needed for the first phase of the park development, which is the Gale Webb Action Sports Park. Both phases are included in the initial study, however, the northern phase was analyzed at a program-level of detail and the southern phase of the project was analyzed at a project-level of detail due to imminent construction.
HELIX then completed the Initial Study and Mitigated Negative Declaration (IS/MND) report. As stated in the report within the IS/MND specific mitigation measures are listed, including mitigation to offset impacts related to biological, cultural, and tribal resources. All impacts are anticipated to be reduced to a less-than-significant level with incorporation of the mitigation measures contained in the IS/MND. CEQA Section 15074 requires a decision-making body of a lead agency to consider and approve an MND. The City Council is an appropriate body to adopt the MND. All the mitigation monitoring can be located in the attached Mitigation Monitoring Reporting Program (MMRP).
Project Location
This project is located on northeast and southeast of the intersection of Craig Avenue and Evans Road. Phase 1 is south of Craig Avenue and Phase 2 will be North of Craig Avenue.
North Park Area
/ Phase 2
South Area /
Phase 1 / Gale
Webb Action
Sports Park
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 2
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City of Menifee Staff Report
Evans Park IS/MND
April 6, 2022
9 1
8 Findings
Findings for the Mitigated Negative Declaration are included in the attached resolution.
Public Notice
A Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Evans Park Project (Project) was prepared and circulated for a 30-day public review beginning January 27, 2022 and closed on February 25, 2022 (SCH No. 2022010475). To date there have been no written comments received on the Draft IS/MND during the public review period. The notice was published on CEQAnet and the Press Enterprise as well as posted at Menifee City Hall, Sun City Library and the Menifee Library. There were no comments on this posting.
STRATEGIC PLAN OBJECTIVE
Livable and Economically Prosperous Community
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
ATTACHMENTS
1. Resolution
2. Exhibit A – Mitigation Monitoring Reporting Program
3. Final Initial Study/Mitigated Negative Declaration
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 3
Menifee Mayor and City Council April 6, 2022
1 RESOLUTION NO. 22-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, ADDOPTING A MITIGATED NEGATIVE DECLARATION FOR PHASE 1 OF THE EVANS PARK DESIGN AND CONSTRUCTION PROJECT CIP NO. 17-01.
WHEREAS, the 22.73 acres of City owned property at the northeast and southeast intersection of Craig Avenue and Evans Road (Assessor’s Parcel Numbers: 360-170-002, 360-170-003, 360-170- 004, 360-170-005, 360-170-006, 360-190-001, 360-190,002) was dedicated in the Parks, Open Space, Trails and Recreation Master Plan as the future site of recreation facilities and park amenities; and WHEREAS, in Fiscal Year 2017/2018, Evans Park Design and Construction was adopted into the Capital Improvement Program Project list as CIP No. 17-01 and in Fiscal Year 2020/2021 was updated to a phased development process with Phase 1 being the southern 9.17 acre site and Phase 2 being the northern 12.88 acre site; and
WHEREAS, in Fiscal Year 2020/201 Phase 1 was identified as the site of a future Pump Track and additional bike trails for public recreational use, subsequently named the Gale Webb “Kids-R-#1” Action Sports Park; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), an Initial Study (IS) and Mitigated Negative Declaration (MND) have been prepared to analyze and mitigate the project's potentially significant environmental impacts; and WHEREAS, a Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Phase 1 of the Evans Park Design and Construction Project was prepared and circulated for a 30-day public review beginning January 27, 2022 and closed on February 25, 2022 (SCH No. 2022010475); and WHEREAS, the notice was published on CEQAnet and the Press Enterprise, posted at Menifee City Hall, Sun City Library and the Menifee Library, and to date there have been no written comments received on the Draft IS/MND during the public review period; and WHEREAS, the City has complied with CEQA and the IS/MND is an accurate and objective statement that fully complies with CEQA, the CEQA Guidelines and represents the independent judgment of the City; and
WHEREAS, no evidence of new significant impacts or increased severity of environmental impacts, as defined by CEQA Guidelines Section 15088.5, have been received by the City after circulation of the draft IS/MND which would require recirculation.
NOW, THEREFORE, BE IT RESOLVED, ORDERED AND FOUND that the City Council of the City of Menifee, California, makes the following findings as established by CEQA:
Section 1.The City Council finds on the basis of the evidence presented and the whole record before it, including the Draft IS/MND, and any comments received, that there is no substantial evidence that the project, as mitigated, will have a significant effect on the environment; and
Section 2.The City Council finds that the Mitigation Monitoring and Reporting Plan (MMRP), which is attached hereto as Exhibit A and incorporated herein by reference, will assure compliance with the mitigation measures during project implementation; and Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 4
Menifee Mayor and City Council April 6, 2022
Adopting MND for CIP No. 17-01 Phase 1
2 4
4 7
6 1
Section 3.The City Council finds that the adoption of the IS/MND reflects the City Council’s independent judgment and analysis; and
Section 4.The IS/MND, all documents referenced in the MND, and the record of proceedings on which the City Council’s decision is based, are located at City of Menifee City Hall at 29844 Haun Road, Menifee, CA 92586 and the custodian of record of proceedings is the City of Menifee City Clerk; and
Section 5.The City Council adopts an IS/MND for the project including but not limited to the Mitigation and Monitoring Plan as attached to the IS/MND.
PASSED, APPROVED AND ADOPTED this 6th day of April, 2022 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 5
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MITIGATION MONITORING REPORTING PROGRAM
PROJECT NAME: Evans Park Project (17-01)
APPROVAL BODY: City Council
PROJECT MANAGER: Bryce Howell
PHONE NUMBER: (951) 723-3752
EMAIL: [email protected]
PROJECT DESCRIPTION: The Menifee General Plan, Menifee Vision 2030 (General Plan) identifies a standard of 5 acres of parkland per 1,000 residents (City 2013a). Currently, the City of Menifee (City) maintains 35 parks that total 199 acres. Based on the City’s Recreation Facility Needs Assessment, the City is forecast to have a population of about 116,453 by 2025 (United States Department of Commerce, Bureau of Census [U.S. Census Bureau] 2020). As such, an additional 381 acres of parkland is required to meet the 5 acres per 1,000 residents standard. As part of an extensive City-wide park planning process, the City solicited community involvement and identified City-wide facility usage patterns and park’s needs. Recognized recreation standards and population projections provided the City a foundation for understanding the facilities required to meet City’s needs. Facility recommendations were ultimately derived based on a prioritization of these needs. This process resulted in the adoption and implementation of the City’s Park, Trails, and Open Space Master Plan (Parks Master Plan) (RJM 2016).
The Parks Master Plan included Evans Park, as a conceptual 20-acre site that is intended for use by residents of the City of Menifee.
The first phase, which would encompass the southern six acres of the 9.17-acre site, is currently funded and designed. This phase would include the construction of a bicycle trails park and parking lot and is anticipated to open late spring/early summer 2022. The second phase, which would encompass the northern 13.56 acres of the site is in the conceptual phase. It is the intent to develop the second phase with a multi-use ball field, splash pad, picnic areas, and trails. While many natural features of the site would be retained, park development would include the introduction of hardscape and impermeable surfaces as well as turfed and landscaped areas. Access would be via Evans Road with an internal drive to access the facilities. Construction on the second phase is anticipated to commence in 2025. Once complete, Evans Park would occupy 22.73 acres and provide approximately 20 acres of recreational and open space facilities.
There are two proposed entrances to the site: one via Craig Avenue, and one via two driveways along Evans Road. During the southern phase, the project would construct Craig Avenue at its ultimate half- section-width as a Collector (74-foot right-of-way) from Evans Road to the eastern project boundary of the southern phase consistent with the City’s standards. During the northern phase, the project would construct Evans Road at its ultimate width as a Secondary (104-foot right-of-way) from Corson Avenue to Craig Avenue consistent with the City’s standards.
Other support infrastructure includes a 12,000 square foot gravel parking lot in the northeast portion of the site, accessible from Craig Avenue and would accommodate approximately 45 vehicles. While the parking lot would be gravel at the opening of the southern phase, it would transition to a paved lot approximately one year after the southern phase becomes operational. Lighting would be provided via solar powered low emitting diode (LED) light standards.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 6
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The site is zoned as Open Space-Recreation (OS-R) and has a General Plan land use designation of Recreation (OS-R). The Parks Master Plan included Evans Park and is therefore consistent with the General Plan.
PROJECT LOCATION: The approximately 22.73-acre study area is bound by Carson Ave to the north, Evans Road to the west, Craig Ave to the south, and Paloma Valley High School to the east. The site is surrounded by primarily residential and rural areas. Residential neighborhoods consisting of detached single-family homes are located to the south and west of the project site. Vacant land is located to the north. The east side of the project site is bordered by Paloma Valley High School and rural residential land uses. The Project site includes Assessor’s Parcel Numbers (APNs) 360-170-002, 360-170-003, 360- 170-004, 360-170-005, 360-170-006, 360-190-001, and 360-190,002.
The City of Menifee (City) adopts this Mitigation Monitoring and Reporting Program (MMRP) in accordance with Public Resources Code (PRC) Section 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. The purpose of the MMRP is to ensure that the Project, which is the subject of the Initial Study/Mitigated Negative Declaration (IS/MND) #17-01, complies with all applicable environmental mitigation requirements. The mitigation described in the MND and summarized below provides a broad purpose and overview of actions that will occur in order to reduce identified environmental impacts.
For each project that is subject to CEQA, PRC Section 21081.6 requires the Lead Agency to monitor performance of the mitigation measures included in any environmental document to ensure that the specified mitigation is implemented. The City is the designated Lead Agency for the proposed project.
The City is responsible for review of all monitoring reports, enforcement actions, and document disposition related to implementation of the MMRP.
After review and approval by the Lead Agency, minor changes to the MMRP are permitted but can only be made by the City. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the City.
The organization of the MMRP follows the subsection formatting style presented within the IS/MND.
Only those subsections of the environmental issues presented in the Initial Study Environmental Checklist that have mitigation measures are provided below in the MMRP table. All other subsections do not contain mitigation measures. For each mitigation measure, the MMRP table identifies the following:
(1) impact/threshold; (2) mitigation measures; (3) monitoring timing/frequency; (4) action indicating compliance; (5) monitoring agency; and (6) verification of compliance.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 7
Menifee Mayor and City Council April 6, 2022
I-3
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
Biological Resources
Impacts to sensitive species identified
on the northern phase of the project
area would be potentially significant,
the Project site contains suitable
habitat for rare plants smooth tarplant,
Parry’s spineflower, and long-spined
spineflower.
MM BIO-1: Rare Plants. Due to the presence
of suitable habitat for smooth tarplant,
Parry’s spineflower, and long-spined
spineflower in the northern phase, a qualified
biologist shall survey the northern phase
during the appropriate time of year (i.e.,
when the species is readily identifiable, such
as during its blooming period) prior to
initiating construction activities. The focused
surveys shall be conducted in accordance
with published agency guidelines [California
Department of Fish and Wildlife (CDFW)
2009, CDFW 2000, United Sates Fish and
Wildlife Service (USFWS 2000)]. If individuals
are found, one or more of the following shall
be completed:
• Seed collection of the rare plant species
at the end of the growing season and
prior to ground disturbance, or obtain
special-status plant species seeds from a
native plant nursery if available, and
plant collected seeds within an
appropriate on-site or off-site mitigation
area, which will be conserved as open
space in perpetuity;
• Payment into a mitigation bank and/or
in-lieu fee program that has mitigation
available for the rare plant species;
and/or
• Preservation of land that contains the
rare plant species.
Mitigation for significant impacts to special-
status plant species will be implemented in
consultation with CDFW.
Prior to ground
disturbance
and/or sensitive
vegetation
removal on the
northern phase.
Retention of a
qualified
biologist.
Receipt of
focused surveys
performed by a
qualified
biologist during
appropriate
blooming period
(differs for each
species).
If required as a
result of the
focused surveys,
proof of seed
collection and
planting; or
Proof of
mitigation bank
or in-lieu fee
program
payment (if
required); or
Open space
easement placed
on areas
containing rare
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 8
Menifee Mayor and City Council April 6, 2022
I-4
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
plants (if
required).
Proof of
consultation with
CDFW (if
required).
The southern phase of the project area
contains suitable habitat for potential
burrowing owls. As a result, there is
the potential for significant impacts to
nesting birds and burrowing owls.
MM BIO-2: Burrowing Owl Pre-construction
Survey. In compliance with the Multiple
Species Habitat Conservation Plan (MSHCP), a
pre-construction survey shall be conducted
on the southern phase within 30 days prior to
ground disturbance to determine the
presence of burrowing owls. If the pre-
construction survey is negative and
burrowing owl is confirmed absent, then
ground-disturbing activities (i.e., earthwork,
clearing, and grubbing) shall be allowed to
commence and no further mitigation would
be required.
If burrowing owl (BUOW) is observed during
the pre-construction survey, active burrows
shall be avoided by the project in accordance
with the CDFW’s Staff Report on Burrowing
Owl Mitigation (2012) or CDFW’s most recent
guidelines. The Project Proponent shall
immediately inform the Western Riverside
County Regional Conservation Authority
(RCA) of BUOW observations. A BUOW
Protection and Relocation Plan (plan) shall be
prepared by a qualified biologist, which must
be sent for approval by RCA prior to initiating
ground disturbance. The RCA will coordinate
directly with CDFW as needed to ensure that
the plan is consistent with the MSHCP and
CDFW guidelines.
The plan shall detail
avoidance measures that shall be
Within 30 days of
the start of
earthmoving
activities.
Retention of a
qualified
biologist.
Receipt of
focused surveys
performed from
a qualified
biologist.
If required due
to owl presence,
proof of
notification to
RCA.
If required due
to owl presence,
receipt of BUOW
Protection and
Relocation Plan
from a qualified
biologist.
If required by the
BUOW
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 9
Menifee Mayor and City Council April 6, 2022
I-5
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
implemented during construction and passive
or active relocation methodology. Relocation
shall only occur outside of the nesting season
(September 1 through January 31). The RCA
may require the creation of translocation
sites within the MSHCP Conservation Area for
the establishment of new colonies. If
required, the translocation sites must take
into consideration unoccupied habitat areas,
the presence of burrowing mammals, existing
colonies, and the effects to other MSHCP
Covered Species in order to successfully
create suitable habitat for BUOW. The
translocation sites must be developed in
consultation with RCA. If required,
translocation sites would also be described in
the agency-approved plan.
Protection and
Relocation Plan,
proof of
compliance with
avoidance or
translocation
measures in
agreement with
RCA
The northern phase of the project area
contains suitable habitat for potential
burrowing owls. As a result, there is
the potential for significant impacts to
nesting birds and burrowing owls. If
BUOWs are observed during focused
surveys and/or during the 30-day pre-
construction survey, further impacts
may occur.
MM BIO-3: Burrowing Owl Protocol Survey.
Prior to the commencement of ground-
disturbing activities (i.e., earthwork, clearing,
and/or grubbing) in the northern phase, Step
II surveys shall be conducted to determine
the presence or absence of BUOW on the
project site. The surveys shall be conducted
in accordance with the County’s survey
protocol (2006). If BUOW is not detected
during the Step II surveys, a pre-construction
survey shall be conducted on the northern
phase within 30 days prior to ground
disturbance to determine the presence of
BUOW. If the pre-construction survey is
negative and BUOW is confirmed absent,
ground-disturbing activities shall be allowed
to commence, and no further mitigation is
required.
If BUOW is observed on the northern phase
during the Step II surveys, a Determination of
Biologically Equivalent or Superior
Step II surveys
prior to the
commencement
of ground-
disturbing
activities in the
northern phase.
Pre-construction
surveys within
30-days prior to
ground
disturbance.
Retention of a
qualified
biologist.
Receipt of Step II
surveys
performed by a
qualified
biologist.
If required due
to owl presence,
receipt of a
Determination of
Biologically
Equivalent or
Superior
Preservation
assessment
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 10
Menifee Mayor and City Council April 6, 2022
I-6
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
Preservation assessment shall be completed
to ensure that the proposed alternative
provides for the replacement of any lost
functions and values of habitat. At least 90
percent of the area with long-term
conservation value and BUOW pairs shall be
conserved on-site if the southern phase
(including adjacent areas) supports three or
more pairs BUOWs; supports greater than 35
acres of suitable habitat and is non-
contiguous with MSHCP Conservation Area
lands.
If BUOW is observed during the Step II
surveys or the pre-construction survey, active
burrows shall be avoided by the project in
accordance with the CDFW’s Staff Report on
BUOW Mitigation (2012) or CDFW’s most
recent guidelines. The project proponent
shall inform the Western Riverside County
Regional Conservation Authority (RCA) of
BUOW observations. A BUOW Protection and
Relocation Plan (plan) shall be prepared by a
qualified biologist, which must be sent for
approval by RCA prior to initiating ground
disturbance. The RCA will coordinate directly
with CDFW as needed to ensure that the plan
is consistent with the MSHCP and CDFW
guidelines. The plan shall detail avoidance
measures that shall be implemented during
construction and passive or active relocation
methodology. Relocation shall only occur
outside of the nesting season (September 1
through January 31).
performed by a
qualified
biologist.
If required due
to owl presence,
proof of
notification to
RCA.
If required due
to owl presence,
receipt of BUOW
Protection and
Relocation Plan
from a qualified
biologist.
If required by the
BUOW
Protection and
Relocation Plan,
proof of
compliance with
avoidance or
translocation
measures in
agreement with
RCA
The northern phase of the project area
supports suitable fairy shrimp habitat
within the mapped herbaceous
wetland and disturbed wetland
communities. Therefore, there is a
MM BIO-4: Fairy Shrimp. Prior to
commencement of ground-disturbing
activities (i.e., earthwork, clearing, and/or
grubbing) within the northern phase, dry and
wet season focused surveys for federally
Prior to
commencement
of ground-
disturbing
activities within
Retention of a
qualified and
permitted
biologist.
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 11
Menifee Mayor and City Council April 6, 2022
I-7
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
potential for the project to cause
adverse impacts to fairy shrimp.
listed fairy shrimp species shall be
completed. The surveys shall be conducted
by a permitted biologist and follow the
current USFWS survey protocol for large
brachiopods. Survey results shall be
submitted to USFWS following completion of
the surveys. If listed fairy shrimp species are
not detected during the wet season surveys,
then ground-disturbing activities shall be
allowed to commence, and no further
mitigation is required.
If federally listed fairy shrimp are identified
during the wet and/or dry season surveys,
and the project cannot avoid occupied
habitat, a Determination of Biologically
Equivalent or Superior Preservation (DBESP)
assessment shall be completed to ensure that
the proposed alternative provides for the
replacement of any lost functions and values
of habitat. Project impacts to occupied listed
fairy shrimp habitat shall be accomplished
through the purchase of off-site mitigation
credits at an agency-approved mitigation
bank or in-lieu fee program, or through the
purchase of off-site land that supports
occupied habitat at a ratio of no less than
2:1. If off-site land is purchased, the
mitigation site shall be preserved in
perpetuity through a conservation easement,
deed restriction, or similar legal protection
mechanism.
the northern
phase.
Proof of
submittal of
survey results to
USFWS.
If required due
to presence of
federally listed
fairy shrimp and
project does not
avoid the habitat
area, proof of
completion of a
DBESP
assessment form
a qualified and
permitted
biologist.
If required due
to onsite
impacts, proof of
purchase of
acceptable
credits.
The northern phase of the project area
has potential jurisdictional streambed
and habitat, and impacts would be
potentially significant.
MM BIO-5: Jurisdictional Resources. A
jurisdictional assessment shall be conducted
for the northern phase. Jurisdictional
resources shall be avoided when feasible.
Where avoidance is not feasible, project-
specific impacts to jurisdictional resources
will be applied by federal and state regulators
Prior to
commencement
of ground-
disturbing
activities within
FILL City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 12
Menifee Mayor and City Council April 6, 2022
I-8
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
via the applicable consulting and permitting
process. The types of mitigation required
may include on-site or off-site preservation,
enhancement, creation, and/or restoration at
a ratio of no less than 2:1 or higher and are to
be accomplished in close proximity to the
impacts or at least in the same watershed.
Final requirements and locations are,
however, subject to change during applicable
consultation/permit processes required by
the USACE, Regional Water Quality Control
Board (RWQCB), and CDFW.
If Riparian/Riverine Areas in the northern
phase (which are consistent with CDFW
jurisdictional resources) cannot be avoided, a
DBESP assessment shall be completed to
ensure that the proposed alternative
provides for the replacement of any lost
functions and values of habitat. Project
impacts to Riparian/Riverine Areas shall be
accomplished through on-site mitigation, the
purchase of off-site mitigation credits at an
agency-approved mitigation bank or in-lieu
fee program, or through the purchase of off-
site land. If off site land is purchased, the
mitigation site shall be preserved in
perpetuity through a conservation easement,
deed restriction, or similar legal protection
mechanism.
Best Management Practices (BMPs) to
minimize and avoid impacts to jurisdictional
resources during and after construction may
include, but are not limited to, the following:
• Construction-related equipment will be
stored in developed areas, outside of
the drainage. No equipment
the northern
phase.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 13
Menifee Mayor and City Council April 6, 2022
I-9
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
maintenance will be done within or
adjacent to the drainage.
• Source control and treatment control
BMPs will be implemented to minimize
the potential contaminants that are
generated during and after construction.
Water quality BMPs will be
implemented throughout the project to
capture and treat potential
contaminants.
• Substances harmful to aquatic life will
not be discharged into the drainage. All
hazardous substances will be properly
handled and stored.
• A Storm Water Pollution Prevention Plan
will be prepared to prevent sediment
from entering the drainage during
construction.
• To avoid attracting predators during
construction, the project will be kept
clean of debris to the extent possible. All
food-related trash items will be enclosed
in sealed containers and regularly
removed from the site.
• Construction personnel will strictly limit
their activities, vehicles, equipment, and
construction material to the proposed
project footprint, staging areas, and
designated routes of travel.
• Exclusion fencing will be installed to
demarcate the limits of disturbance. The
exclusion fencing should be maintained
until the completion of construction
activities.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 14
Menifee Mayor and City Council April 6, 2022
I-10
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
The development of both the southern
phase and the northern phase of the
project area has potential to disturb or
destroy active migratory bird nests,
including eggs and young. Disturbance
to or destruction of migratory bird
eggs, young, or adults is in violation of
the Migratory Bird Treaty Act (MBTA)
and is considered a potentially
significant impact.
MM BIO-6: Nesting Birds. To the extent
feasible, construction activities (i.e.,
earthwork, clearing, and grubbing) within the
southern phase or northern phase shall occur
outside of the general bird nesting season for
migratory birds. The general nesting season is
March 15 through August 31 for songbirds
and January 15 through August 31 for
raptors.
If construction activities (i.e., earthwork,
clearing, and grubbing) must occur during the
general bird nesting season for migratory
songbirds (March 15 through August 31) and
raptors (January 15 through August 31)
within the southern phase or northern phase,
a qualified biologist shall perform a pre-
construction survey of potential nesting
habitat to confirm the absence of active nests
belonging to migratory birds and raptors
afforded protection under the MBTA and
California Fish and Game (CFG) Code. The
pre-construction survey shall be performed
no more than seven days prior to the
commencement of construction activities. If
construction is inactive for more than seven
days, an additional survey shall be
conducted. The results of the pre-
construction survey shall be documented by
the qualified biologist.
If the qualified biologist determines that no
active migratory bird or raptor nests occur,
the activities shall be allowed to proceed
without any further requirements. If the
qualified biologist determines that an active
migratory bird or raptor nest is present, no
impacts within 300 feet (500 feet for raptors)
of the active nest shall occur until the young
have fledged the nest and the nest is
Within 7 days
prior to
commencement
of ground-
disturbing
activities.
Retention of a
qualified
biological
monitor.
Proof of
completion of
nesting bird
surveys by a
qualified
biologist.
If nesting birds
present,
biological
monitor to
provide proof of
compliance with
buffer area for
duration of
construction
activities while
nest is active.
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 15
Menifee Mayor and City Council April 6, 2022
I-11
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
confirmed to no longer be active, or as
determined by the qualified biologist. The
biological monitor may modify the buffer or
propose other recommendations in order to
minimize disturbance to nesting birds.
The northern phase of the project area
supports trees that may be subject to
tree protection measures and may be
impacted.
MM BIO-7: Protected Trees. Prior to
impacting any trees within the northern
phase, the City will confirm compliance with
the City of Menifee’s Park Design,
Landscaping and Tree Preservation (Section
9.86.130 of the City’s Ordinance No. 2015-
167).
Prior to
impacting any
trees within the
northern phase.
Written staff
checklist or
memo
confirming
compliance with
the City of
Menifee’s Park
Design,
Landscaping and
Tree
Preservation
Ordinance.
City of Menifee
Planning Division
The northern phase of the project area
supports suitable habitat for least
Bell’s vireo. Indirect impacts to this
species during the nesting season
(March 1 through August 31) would be
a significant impact.
MM BIO-8: Least Bell’s Vireo. Due to the
presence of suitable habitat for least Bell’s
vireo within the northern phase, the
following avoidance and minimization
measures shall be implemented to avoid
potential impacts to the species:
1) Construction activities (i.e., earthwork,
clearing, and grubbing) shall occur
outside of the breeding season for least
Bell’s vireo (March 15 through August
31).
2) If construction activities (i.e., earthwork,
clearing, grubbing, etc.) are proposed
within the least Bell’s vireo’s (LBV)
breeding season, focused protocol
surveys for least Bell’s vireo shall be
conducted prior to commencement of
construction activities, within all suitable
habitat located on the northern phase,
along with a 500-foot buffer where
Prior to
commencement
of ground-
disturbing
activities within
the northern
phase during
breeding season
(March 15
through August
31).
Retention of a
qualified
biologist.
Proof of
completion of
focused protocol
surveys by a
qualified
biologist.
If required due
to presence of
LBV, biological
monitor to
provide proof of
compliance with
avoidance and
minimization
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 16
Menifee Mayor and City Council April 6, 2022
I-12
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
suitable habitat occurs, to determine
whether the habitat is occupied.
Focused surveys for least Bell’s vireo
shall be conducted by a qualified
biologist and during the breeding season
in accordance with the most recent
USFWS guidelines. The results of the
focused surveys shall be documented by
the qualified biologist and submitted to
USFWS and/or CDFW.
3) If the qualified biologist determines that
least Bell’s vireo do not occur within 500
feet of the proposed construction, the
activities shall be allowed to proceed
without any further requirements. If the
qualified biologist determines that the
habitat is occupied by least Bell’s vireo,
the following avoidance and
minimization measures shall be
implemented:
a) No construction activities may
occur within 500 feet of an active
nest of a least Bell’s vireo. A
qualified biologist shall clearly
delineate the required avoidance
buffer around the active least Bell’s
vireo nest. The buffer shall be
clearly marked with flags and/or
fencing prior to the initiation of
construction activities.
b) If construction activities are
proposed within 500 feet of an
occupied nest, a biological monitor
shall be required to observe the
behavior of any breeding least
Bell’s vireo. The construction
supervisor shall be notified if the
measures for the
duration of
construction
activities near
habitat occupied
by LBV.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 17
Menifee Mayor and City Council April 6, 2022
I-13
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
construction activities appear to be
altering the birds’ normal breeding
behavior. No construction activities
will be allowed within 500 feet of
an occupied nest until additional
minimization measures have been
performed. Such measures may
include retaining a qualified
acoustician to determine ambient
noise levels and project-related
noise levels at the edge of the
occupied habitat. Noise levels at
the edge of the occupied habitat
shall not exceed an hourly average
of 60 decibels (dB[A]), or a 3 dB(A)
increase in noise levels if ambient
noise levels exceed 60 dB(A). If
project-related noise levels at the
edge of the occupied habitat are
above 60 dB(A) or the 3 dB(A)
increase in noise occurs, additional
minimization measures shall be
taken to reduce project-related
noise levels to an acceptable level
as determined by the biological
monitor. Measures may include,
but are not limited to, limitation on
the use of certain equipment,
placement of equipment,
restrictions on the simultaneous
use of equipment, use of noise
barriers, or other noise attenuation
methods as deemed appropriate by
the biologist and acoustician. The
USFWS and/or CDFW shall be
notified of additional minimization
measures taken to reduce noise
during construction activities. If the
biological monitor determines the
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 18
Menifee Mayor and City Council April 6, 2022
I-14
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
construction activities are posing a
potential risk to the nest after
implementing the additional
minimization measures, the noise
generating construction activities
shall cease until USFWS and/or
CDFW are contacted to discuss
alternative methods. The biological
monitor shall prepare written
documentation of all monitoring
activities at the completion of
construction activities, which shall
be submitted to CDFW/or USFWS.
c) All project personnel shall attend a
training program presented by a
qualified biologist prior to
construction activities. The training
program will inform project
personnel about the life history of
least Bell’s vireo and all avoidance
and minimization measures.
d) The construction contractor shall
only allow construction activities to
occur during daylight hours, and
high noise levels shall generally be
limited according to these hours.
e) The construction contractor shall
require functional mufflers on all
construction equipment (stationary
or mobile) used within or
immediately adjacent to any 500
foot avoidance buffers to reduce
construction equipment noise.
Stationing equipment is situated so
that noise generated from the
equipment is not directed towards
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 19
Menifee Mayor and City Council April 6, 2022
I-15
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
any habitat occupied by least Bell’s
vireo.
The construction contractor will place staging
areas as far as feasible from any occupied
nest by least Bell’s vireo.
The northern and southern phases of
the project area are subject to the
City’s MSHCP and the Stephens’
kangaroo rat Habitat Conservation
Plan.
MM BIO-9: Habitat Conservation Plan Fees.
The City is subject to the MSHCP Local
Development Mitigation Fee and the
Stephens’ kangaroo rat HCP Fee for the
southern phase and northern phase, which
shall be paid prior to the issuance of any
grading permit.
Prior to the
issuance of any
grading permit or
initiation of
ground
disturbing
activities.
Proof of payment
of fees.
City of Menifee
Planning Division
Cultural Resources
The general vicinity of the southern
and northern phase of the project area
has the potential for unknown buried
cultural remains/resources to be
present, which may be affected during
ground-disturbing activities. Therefore,
there is potential for the Project to
cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section 15064.5
of the CEQA Guidelines.
MM CUL-1: Archeological Monitor. Prior to
the issuance of grading permits, the City shall
contract with a qualified archaeologist and
Native American monitors from a
traditionally culturally affiliated tribe to
develop and implement an archaeological
and Native American monitoring program.
The monitoring program shall be
implemented for any grading or other
ground-disturbing activities, including but not
limited to brushing/grubbing, excavation and
trenching for utilities. The monitoring
program shall include attendance by the
archaeologist and Native American monitor
at a pre-construction meeting with the
grading contractor and the presence of
archaeological and Native American monitors
during initial ground-disturbing activities for
the project. Both archaeological and Native
American monitors shall have the authority
to temporarily halt or redirect grading and
other ground-disturbing activity in the event
that cultural resources are encountered. If
significant cultural material is encountered,
Prior to the
issuance of
grading permits
or other ground-
disturbing
activities,
including but not
limited to
brushing/grubbin
g, excavation and
trenching for
utilities.
Ongoing
monitoring
during grading/
earthwork
activities.
Retention of a
qualified
archaeologist
and Native
American
monitor.
Documentation
of monitoring
program by
qualified
archaeologist
and Native
American
monitor.
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 20
Menifee Mayor and City Council April 6, 2022
I-16
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
the project archaeologist shall coordinate
with the Native American representative and
City staff to develop and implement
appropriate avoidance, preservation, or
mitigation measures.
Geology and Soils
The southern and northern phases of
the project area are underlain by
deposits that have proven to yield
scientifically significant paleontological
resources. Potential impacts to these
resources would be significant.
MM GEO-1: Paleontological Resources
Monitoring and Mitigation Plan. Prior to the
commencement of ground-disturbing
activities, a professional paleontologist shall
be retained to prepare and implement a
Paleontological Resources Monitoring and
Mitigation Plan (PRMMP) for the project.
Prior to the start of ground-disturbing
activities, field personnel shall receive a
worker’s environmental awareness training
on paleontological resources, developed by
the project paleontologist. The project
paleontologist shall complete paleontological
monitoring as described in the PRMMP. In
the event that a paleontological resource is
discovered, the monitor shall temporarily
divert the construction equipment around
the find until it is assessed for scientific
significance and, if appropriate, collected. If
the resource is determined to be of scientific
significance, the project paleontologist shall
salvage the fossil or prepare for curation as
appropriate. Upon completion of ground
disturbing activity (and curation of fossils if
necessary) the project paleontologist shall
prepare a final mitigation and monitoring
report outlining the results of the mitigation
and monitoring program.
Prior to the
commencement
of ground-
disturbing
activities
Retention of a
qualified
paleontologist.
Proof of
implementation
of a PRMMP by a
qualified
paleontologist.
Proof of final
mitigation and
monitoring
report by a
qualified
paleontologist.
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 21
Menifee Mayor and City Council April 6, 2022
I-17
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
Land Use and Planning
The Project would have the potential
to violate certain standards (i.e.,
MSHCP, the City’s Tree Preservation
Ordinance) and thereby conflict with a
land uses plan, policy, or regulation
adopted for the purposed of avoiding
or mitigating an environmental effect.
These impacts (biological resources)
would be potentially significant.
Please see MM BIO-1 through MM BIO-9. Please see MM
BIO-1 through
MM BIO-9.
Please see MM
BIO-1 through
MM BIO-9.
City of Menifee
Planning Division
Public Services
The project is the construction of a
park, which as identified in the IS/MND
could lead to potentially significant
impacts if left unmitigated.
Please see MM BIO-1 through MM BIO-9,
MM CUL-1, and MM GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
City of Menifee
Planning Division
Recreation
The project is the construction of a
park, which as identified in the IS/MND
could lead to potentially significant
impacts if left unmitigated.
Please see MM BIO-1 through MM BIO-9,
MM CUL-1, and MM GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
City of Menifee
Planning Division
Tribal Cultural Resources
Due to the cultural sensitivity of the
Project area, impacts would be
potentially significant.
Please see MM CUL-1. Please see MM
CUL-1.
Please see MM
CUL-1.
City of Menifee
Planning Division
Mandatory findings of Significance
Due to the biological and cultural
sensitivity of the Project area, impacts
to biological resources, and cultural
resources are potentially significant.
Please see MM BIO-1 through MM BIO-9, and
MM CUL-1.
Please see MM
BIO-1 through
MM BIO-9, and
MM CUL-1.
Please see MM
BIO-1 through
MM BIO-9, and
MM CUL-1.
City of Menifee
Planning Division
Potentially significant impacts resulting
from the proposed project with the
potential to cause adverse effects on
human beings have been identified for
Please see MM BIO-1 through MM BIO-9,
MM CUL-1, and MM GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
Please see MM
BIO-1 through
MM BIO-9, MM
CUL-1, and MM
GEO-1.
City of Menifee
Planning Division
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 22
Menifee Mayor and City Council April 6, 2022
I-18
Impact/Threshold Mitigation Measure
Monitoring
Timing/
Frequency
Action Indicating
Compliance Monitoring
Agency
Verification of Compliance
Initials Date Remarks
the areas of land use, public services
(parks), and recreation.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 23
Menifee Mayor and City Council April 6, 2022
Evans Park Project (17-01)
Final Initial Study/Mitigated Negative Declaration
March 2022 | 02121.00002.001
Prepared for:
City of Menifee
Community Development Department
29844 Haun Road
Menifee, CA 92586
Prepared by:
HELIX Environmental Planning, Inc.
7578 El Cajon Boulevard
La Mesa, CA 91942
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 24
Menifee Mayor and City Council April 6, 2022
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Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 25
Menifee Mayor and City Council April 6, 2022
i
TABLE OF CONTENTS
Section Page
Foreword ....................................................................................................................................................... 1 CEQA Environmental Checklist Form ............................................................................................................ 2 Environmental Factors Potentially Affected ................................................................................................. 7 Determination ............................................................................................................................................... 8 Evaluation of Environmental Impacts ........................................................................................................... 9 I. Aesthetics .......................................................................................................................... 11 II. Agriculture and Forestry Resources .................................................................................. 14 III. Air Quality ......................................................................................................................... 16 IV. Biological Resources ......................................................................................................... 22 V. Cultural Resources ............................................................................................................ 38 VI. Energy ............................................................................................................................... 41 VII. Geology and Soils .............................................................................................................. 42 VIII. Greenhouse Gas Emissions ............................................................................................... 48 IX. Hazards and Hazardous Materials .................................................................................... 51 X. Hydrology and Water Quality ........................................................................................... 56 XI. Land Use and Planning ...................................................................................................... 60 XII. Mineral Resources ............................................................................................................ 61 XIII. Noise ................................................................................................................................. 62 XIV. Population and Housing .................................................................................................... 66 XV. Public Services ................................................................................................................... 67 XVI. Recreation ......................................................................................................................... 69 XVII. Transportation .................................................................................................................. 70 XVIII. Tribal Cultural Resources .................................................................................................. 74 XIX. Utilities and Service Systems ............................................................................................ 75 XX. Wildfire ............................................................................................................................. 79 XXI. Mandatory Findings of Significance .................................................................................. 81 References .................................................................................................................................................. 84
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 26
Menifee Mayor and City Council April 6, 2022
ii
TABLE OF CONTENTS (cont.)
LIST OF APPENDICES
A Air Quality and Greenhouse Gas Emissions Technical Report B General Biological Resources Assessment
C Cultural Resources Survey
D Geotechnical Investigation
E Paleontological Resource Assessment
F Hydrology and Water Quality Reports
G Noise and Vibration Technical Report
H Traffic Analysis
I Mitigation Monitoring and Reporting Program
LIST OF FIGURES
No. Title Follows Page
1 Regional Location ............................................................................................................................. 4 2 Project Location ............................................................................................................................... 4 3 Southern Phase Site Plan ................................................................................................................. 4
LIST OF TABLES
No. Title Page
1 Surrounding Land Uses .................................................................................................................... 6 2 Unmitigated Daily Construction Emissions .................................................................................... 18 3 Daily Operational Emissions .......................................................................................................... 19 4 Maximum Localized Daily Construction Emissions ........................................................................ 20 5 Impacts to Southern Phase Vegetation and Land Uses ................................................................. 26 6 Impacts to Northern Phase Vegetation and Land Uses ................................................................. 27 7 Construction Greenhouse Gas Emissions ...................................................................................... 49 8 Operational Greenhouse Gas Emissions ........................................................................................ 49 9 Total Amortized Construction and Operational Greenhouse Gas Emissions ................................ 50 10 Project Trip Generation Summary ................................................................................................. 71 11 Cumulative Projects List ................................................................................................................. 82
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 27
Menifee Mayor and City Council April 6, 2022
iii
ACRONYMS AND ABBREVIATIONS
AAQS Ambient Air Quality Standards
AB Assembly Bill
ADT average daily trips
ALUCP Airport Land Use compatibility Plan
amsl above mean sea level
APN Assessor’s Parcel Number
AQMP Air Quality Management Plan
ASTM ASTM International
BMP best management practice
CAAQS California Ambient Air Quality Standards
CAL FIRE California Department of Forestry and Fire Protection CalEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
CAP Climate Action Plan
CAPCOA California Air Pollution Control Officers Association CBC California Building Code
CCR California Code of Regulations
CEQA California Environmental Quality Act
CFG Code California Fish and Game Code
cfs cubic feet per second
City City of Menifee
CNEL Community Noise Equivalent Level
CO carbon monoxide
CO
2 carbon dioxide
CO2e carbon dioxide equivalent
CREC controlled recognized environmental condition
dB decibel
dBA A-weighted decibel
DEH Department of Environmental Health
DOC California Department of Conservation
DPM diesel particulate matter
DTSC Department of Toxic Substances Control
EIC Eastern Information Center
EIR Environmental Impact Report
EOP Emergency Operations Plan
FEMA Federal Emergency Management Agency
FHSZ Fire Hazard Severity Zone
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 28
Menifee Mayor and City Council April 6, 2022
iv
ACRONYMS AND ABBREVIATIONS (cont.)
gpm gallons per minute
HELIX HELIX Environmental Planning, Inc.
hp horsepower
HREC historical recognized environmental condition
Hz hertz
I- Interstate
IS/MND Initial Study/Mitigated Negative Declaration
kBtu kilo-British thermal unit
KVA kilovolt-ampere
LCFS Low Carbon Fuel Standard
LED light-emitting diode
L
MAX maximum reference noise level
LOS Level of Service
LST localized significance threshold
MAFB March Air Force Base
MBTA Migratory Bird Treaty Act
mgd million gallons per day
MHCP Multiple Habitat Conservation Program
MPD Menifee Police Department
MSCP Multiple Species Conservation Program
MT metric ton
MTBE methyl tertiary-butyl ether
N2O nitrous oxide
NAAQS National Ambient Air Quality Standards
NAHC Native American Heritage Commission
NESHAP National Emission Standards for Hazardous Air Pollutants NFPA National Fire Prevention Association
NO2 nitrogen dioxide
NOX nitrogen oxides
NPDES National Pollutant Discharge Elimination System
NRHP National Register of Historic Places
NSLU noise-sensitive land use
NSPS New Source Performance Standards
Pechanga Pechanga Band of Luiseño Indians
PM10 particulate matter less than 10 microns in diameter PM2.5 particulate matter less than 2.5 microns in diameter PPV peak particle velocity
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 29
Menifee Mayor and City Council April 6, 2022
v
ACRONYMS AND ABBREVIATIONS (cont.)
PRC Public Resources Code
PRMMP Paleontological Resources Monitoring and Mitigation Plan
RAQS Regional Air Quality Strategy
RCA Regional Conservation Authority
RCALUC Riverside County Airport Land Use Commission
RCSD Riverside County Sheriff’s Department
REC recognized environmental condition
RO reverse osmosis
ROG reactive organic gas
RTP Regional Transportation Plan
RWQCB Regional Water Quality Control Board
SB Senate Bill
SCAB South Coast Air Basin
SCAG Southern California Association of Governments
SCAQMD South Coast Air Quality Management District
SCS Sustainable Communities Strategy
SDAB San Diego Air Basin
SDAPCD San Diego Air Pollution Control District
SDCAPCD San Diego County Air Pollution Control District SDG&E San Diego Gas & Electric
SIP State Implementation Plan
SO
2 sulfur dioxide
SR State Route
SRA source receptor area
SWPPP Stormwater Pollution Prevention Plan
SWQMP storm water quality management plan
SWRCB State Water Resources Control Board
TAC toxic air contaminant
USDOT U.S. Department of Transportation
V volt
VdB vibration decibel
VMT vehicle miles traveled
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 30
Menifee Mayor and City Council April 6, 2022
vi
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Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 31
Menifee Mayor and City Council April 6, 2022
Evans Park Project
1 FOREWORD
A Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the Evans Park Project (Project) was prepared and circulated for a 30-day public review beginning January 27, 2022 and closed on February 25, 2022 (SCH No. 2022010475). To date there have been no written comments received on the Draft IS/MND during the public review period.
This Final IS/MND has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) and the CEQA guidelines. The purpose of the Final IS/MND is to provide the decision-making body, in this case the City of Menifee (City), public and quasi-public agencies and groups, and the general public environmental impact information relative to the proposed project. The City will consider the information contained in this Final IS/MND prior to approving the project.
The Final IS/MND includes the Draft IS/MND, Technical Appendices, and the Mitigation Monitoring and Reporting Program (MMRP). There were no comments received during public review of the Draft IS/MND and therefore no revisions, clarifications, or corrections were made in the document.
No new information has been presented in the Final IS/MND that would require recirculation of the Draft IS/MND pursuant to CEQA Guidelines Section 15088.5(a). Specifically, no new significant environmental impacts would result from the project or from new mitigation measures proposed for implementation. The Draft IS/MND included adequate information for a meaningful public review and comment.
The MMRP is appended to this document as Appendix I.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 32
Menifee Mayor and City Council April 6, 2022
Evans Park Project
2 CITY OF MENIFEE
CEQA Environmental Checklist Form
1. Project Title: Evans Park
2. Lead Agency Name and Address: City of Menifee, Community Development Department, 29714 Haun Road, Menifee, CA 92586
3. Contact Person and Phone Number: Bryce Howell, Community Services Department, 951.723.3752
4. Project Location: Northeast and southeast of the intersection of Craig Avenue and Evans Road in the City of Menifee, County of Riverside, California (See Figures 1 and 2).
A. Total Project Area: 22.73 acres
B. Assessor’s Parcel Numbers: 360-170-002, 360-170-003, 360-170-004, 360-170-005, 360-170- 006, 360-190-001, 360-190,002
C. Section 9 of Township 6 South, Range 3 West, on the U.S. Geological Survey (USGS) 7.5-minute Romoland quadrangle
D. Latitude: 33.6632° Longitude: -117.1960°
5. Project Applicant: Not Applicable
Project Representative: Not Applicable
Property Owner: City of Menifee
6. General Plan Designation: Recreation (OS-R)
7. Zoning: Open Space-Recreation (OS-R)
8. Description of Project: The Menifee General Plan, Menifee Vision 2030 (General Plan) identifies a standard of 5 acres of parkland per 1,000 residents (City 2013a). Currently, the City of Menifee (City) maintains 35 parks that total 199 acres. Based on the City’s Recreation Facility Needs Assessment, the City is forecast to have a population of about 116,453 by 2025 (United States Department of Commerce, Bureau of Census [U.S. Census Bureau] 2020). As such, an additional 381 acres of parkland is required to meet the 5 acres per 1,000 residents standard.
As part of an extensive City-wide park planning process, the City solicited community involvement and identified City-wide facility usage patterns and park’s needs. Recognized recreation standards and population projections provided the City a foundation for understanding the facilities required to meet City’s needs. Facility recommendations were ultimately derived based on a prioritization of these needs. This process resulted in the adoption and implementation of the City’s Park, Trails, and Open Space Master Plan (Parks Master Plan) (RJM 2016). The Parks Master Plan included Evans Park, as a conceptual 20-acre site that is intended for use by residents of the City of Menifee.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 33
Menifee Mayor and City Council April 6, 2022
Evans Park Project
3 In accordance with the intent of the City’s Parks Master Plan, the Evans Park Project (herein referred to as project or proposed project) involves the construction of a new community park in the City.
The details of the proposed project are provided below.
The park, located east of Evans Road and north and south of Craig Avenue, (see Figure 1, Regional Location, and Figure 2, Project Location) would be constructed in two separate phases. The first phase, which would encompass the southern six acres of the 9.17-acre site and is currently funded and designed. The second phase, which would encompass the northern 13.56 acres of the site is in the conceptual phase. Once complete, Evans Park would occupy 22.73 acres and provide approximately 20 acres of recreational and open space facilities.
The Parks Master Plan describes a community park as a park that meets the recreational needs of several neighborhoods and may also preserve unique landscapes and open spaces. These parks serve multiple uses and provide recreational facilities and accommodate group activities not provided in neighborhood parks. Primary access to community park sites is expected to be by arterial and/ or collector streets. Geographic range of users is up to miles or City-wide if the park contains a recreation complex (City 2015). In addition, the City’s Parks Development Design Guidelines state that community parks typically serve 18,000 to 25,000 residents within approximately a one-and-a-half-mile radius (City 2015).
Southern Phase
For the first (southern) phase, the City proposes to build an approximately six-acre bicycle trails park on the 9.17-acre site near the southeast corner of Evans Road and Craig Avenue (see Figure 3, Southern Phase Site Plan). The bicycle trails park would include a parking lot at the northeast corner with an entrance off Craig Avenue and a prefabricated restroom. The park would be divided into two separate sections a smaller paved tight circuit area called a “Pump Track” and the larger dirt trail portion of the track, which would have some wooden slat sections to add challenging elements to the track. Overall, approximately 90 percent of the southern phase would remain in a natural condition with minimal pervious surfaces incorporated.
Parking would be provided via a 12,000 square foot gravel parking lot in the northeast portion of the site, accessible from Craig Avenue and would accommodate approximately 45 vehicles. While the parking lot would be gravel at the opening of the southern phase, it would transition to a paved lot approximately one year after the southern phase becomes operational. Lighting would be provided via solar powered low emitting diode (LED) light standards. The park would operate from dawn until dusk until the installation of the light standards (to occur approximately one-year after the opening of the southern phase), at which point the park would operate until 9 p.m. Special events would be held at the park approximately four to five times a year and would include the use of a public address system.
It is anticipated that construction on the southern phase would commence in early 2022 with an opening date of late spring to early summer 2022. Once the southern phase becomes operational, regular maintenance would occur such as trash clean up and restroom servicing. The tracks themselves would be subject to maintenance after heavy rains and one to two times a year, however, no regular reshaping of the dirt trails is expected to occur.
This southern phase of the project is in the design stage and is analyzed at a project-level of detail.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 34
Menifee Mayor and City Council April 6, 2022
Evans Park Project
4 Northern Phase
The second (northern) phase, which encompasses the 12.88 acres north of Craig Avenue would include a mixture of active and passive spaces. It is the intent to develop the northern phase with a multi-use ball field, splash pad, picnic areas, and trails. Access would be via Evans Road with an internal drive to access the facilities. Ornamental landscaping would be provided throughout, however the existing wetland habitat in the southeastern portion would be retained in its natural state (refer to Figure 2). Overall, the northern phase would remain in a natural state to the maximum extent practicable with minimal impervious surfaces incorporated. It is anticipated that construction of the northern phase would commence in the year 2025.
The framework established in the City of Menifee Park Development and Design Guidelines (2015) provides a foundation for understanding the standards that would be expected for development of the northern phase. The City’s Park Development Guidelines states that in general community parks should, “Provide a wide range of facilities that supplement those of the neighborhood parks, and which are determined by the needs and preferences of the community. Recreation centers, athletic fields, multipurpose courts, picnic facilities, play areas, parking areas, and comfort stations, landscaping and turf areas are standard amenities. When possible and desirable, swimming pools and tennis courts may be provided (City 2015).”
Because the northern phase is conceptual in nature and not expected to be developed in the immediate future, the technical studies and CEQA document address the northern phase at a program-level of analysis.
Circulation System Improvements
In addition, the project includes the following project design features as they relate to circulation:
• During the southern phase, the project would construct Evans Road at its ultimate half- section width as a Secondary (104-foot right-of-way) from Craig Avenue to the southern boundary of the southern phase consistent with the City’s standards. • During the southern phase, the project would construct Craig Avenue at its ultimate half- section-width as a Collector (74-foot right-of-way) from Evans Road to the eastern project boundary of the southern phase consistent with the City’s standards. • During the southern phase, the project would construct access to the site via Craig Avenue. • During the northern phase, the project would construct Evans Road at its ultimate width as a Secondary (104-foot right-of-way) from Corson Avenue to Craig Avenue consistent with the
• City’s standards.
• During the northern phase, the project would construct two driveways along Evans Road for site access.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 35
Menifee Mayor and City Council April 6, 2022
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Project Site
SAN BERNARDINO COUNTY
Lee
Lake
CAMP
PENDLETON
MISSION
VIEJO
SAN
CLEMENTE
LAGUNA
BEACH
ONTARIO
RIVERSIDE
CORONA
LAKE
ELSINORE
SAN BERNARDINO
Santa Ana Mountains
San Bernardino Mountains
RIVERSIDE COUNTY
SAN DIEGO COUNTY
RIVERSIDE COUNTY
ORANGE COUNTY
San Jacinto Mountains
Little San Bernardino Mountains
YUCCA
VALLEY
TWENTYNINE
PALMS
TEMECULA
MURRIETA
NORCO
MORENO
VALLEY
BANNING
BEAUMONT
PALM DESERTHEMET
SAN JACINTO
COACHELLA
PALM
SPRINGSPERRIS
Pacific
Ocean
Big Bear Lake Mesquite
Lake
Coyote
Lake
Alvord
Perris
Reservoir
Lake
Mathews
Canyon
Lake
Hemet
Lake
Lake
Elsinore
Lake
Cahuilla
Skinner
Reservoir
Salton Sea
Vail
Lake
Clark Lake
O'Neill
Lake
Diamond
Valley Lake
Figure 1
Regional Location
I:\PROJECTS\M\MenifeeCity_02121\CME-01_EvansPark\Map\ISMND\Fig1_Regional.mxd 02121.2.1 11/22/2021 - SAB Source: Base Map Layers (ESRI, 2013)
K
Evans Park
0 10 Miles
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 36
Menifee Mayor and City Council April 6, 2022
EVANSRD
EAGLE CREEK ST
THREE OAKS DR
GAVINO CT
CAPRICE RD
CORSON AVE
RAWHIDE CT
ADELINA DR
VELIA CT
M
ANILO
CT
GRANITE RIDGE LN
MILENA DR
ERISE SPRING RD
M
URPHY LN
CRAIG AVE
Figure 2
Project Location
I:\PROJECTS\M\MenifeeCity_02121\CME-01_EvansPark\Map\ISMND\Fig2_Aerial.mxd 02121.2.1 11/22/2021 - SAB Source: Aerial (County of Riverside, 2020)
K
Evans Park
0 400 Feet
Project Boundary
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 37
Menifee Mayor and City Council April 6, 2022
Evans Park
I:\PROJECTS\M\MenifeeCity_02121\CME-01_EvansPark\Map\ISMND\Fig3_SitePlan.indd 02121.2.1 11/22/21 - SAB Southern Phase Site Plan
Figure 3
Source: KOA 2021
CRAIG AVE
CHANNEL
CITY OF MENIFEE
ENGINEERING DEPARTMENT
OC TO B 1 2 00 8
E R 1,
IMPROVEMENT PLANS FOR:
PUMP TRACK DESIGN
San Diego, California 92123
5095 Murphy Canyon Rd, Suite 330
Tel: (619) 683-2933 Fax: (619) 683-7982
PLANNING | ENGINEERING |
CONSTRUCTION MANAGEMENT
NOT FOR CONSTRUCTION
STRIPING PLAN
CRAIG AVE
CHANNEL
CITY OF MENIFEE
ENGINEERING DEPARTMENT
OC TO B 1 2 00 8
E R 1,
IMPROVEMENT PLANS FOR:
PUMP TRACK DESIGN
San Diego, California 92123
5095 Murphy Canyon Rd, Suite 330
Tel: (619) 683-2933 Fax: (619) 683-7982
PLANNING | ENGINEERING |
CONSTRUCTION MANAGEMENT
NOT FOR CONSTRUCTION
STRIPING PLAN
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 38
Menifee Mayor and City Council April 6, 2022
Evans Park Project
5 Construction Best Management Practices
The project would also incorporate best management practices (BMPs) during construction to reduce emissions of fugitive dust. The San Diego Air Pollution Control District (SDAPCD) Rule 55 – Fugitive Dust Control states that no dust and/or dirt shall leave the property line. SDAPCD Rule 55 requires the following (SDAPCD 2009):
(1) Airborne Dust Beyond the Property Line: No person shall engage in construction or demolition activity subject to this rule in a manner that discharges visible dust emissions into the atmosphere beyond the property line for a period or periods aggregating more than three minutes in any 60-minute period.
(2) Track-Out/Carry-Out: Visible roadway dust as a result of active operations, spillage from transport trucks, erosion, or track-out/carry-out shall:
(i) be minimized by the use of any of the following or equally effective track-out/carry-out and erosion control measures that apply to the project or operation:
(a) track-out grates or gravel beds at each egress point, (b) wheel-washing at each egress during muddy conditions, soil binders, chemical soil stabilizers, geotextiles, mulching, or seeding; and for outbound transport trucks; (c) using secured tarps or cargo covering, watering, or treating of transported material; and
(ii) be removed at the conclusion of each workday when active operations cease, or every 24 hours for continuous operations. If a street sweeper is used to remove any track- out/carry-out, only PM
10-efficient (particulate matter less than 10 microns) street sweepers certified to meet the most current South Coast Air Quality Management District (SCAQMD) Rule 1186 requirements shall be used. The use of blowers for removal of track-out/carry-out is prohibited under any circumstances.
The control measures listed below are the BMPs that the project would incorporate for dust control and are included in the air emissions modeling:
• A minimum of two applications of water shall be applied during grading between dozer/grader passes;
• Paving, chip sealing, or chemical stabilization of internal roadways shall be applied after completion of grading;
• Grading shall be terminated if winds exceed 25 miles per hour (mph); • All exposed surfaces shall maintain a minimum soil moisture of 12 percent; • Dirt storage piles shall be stabilized by chemical binders, tarps, fencing, or other erosion control; and
• Vehicle speeds shall be limited to 15 mph on unpaved roads.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 39
Menifee Mayor and City Council April 6, 2022
Evans Park Project
6 9. Environmental Setting and Surrounding Land Uses: The project site is located in a newly developing area in the southwestern portion of the City. The project site is relatively flat with elevations ranging from 1475 above mean sea level (amsl) in the northeastern corner to 1489 amsl in the southwestern corner of the northern phase and from 1482 amsl in the northeastern corner to 1486 amsl in the southwestern corner of the southern phase. The site is currently undeveloped and includes small amounts of vegetation. There is a drainage that runs through the northern phase and an earthen Riverside County Flood Control District (RCFCD) flood channel runs through the southern phase.
There is also a basin that is dominated by salt cedar in the southern phase that was constructed as part of the surrounding residential development.
The area surrounding the project site is primarily residential and rural in nature. Residential neighborhoods consisting of detached single-family homes are located to the south and west of the project site. Vacant land is located to the north. The east side of the project site is bordered by Paloma Valley High School and rural residential land uses. The General Plan land use designations, zoning, and existing land uses for the project area and immediate surroundings are provided in Table 1, Surrounding Land Uses.
Table 1
SURROUNDING LAND USES
Direction General Plan Designation Zoning District Existing Land Use Project Site Recreation (OS-R), 2.1-5
du/ac Residential (2.1-5R)
Open Space-Recreation
(OS-R), Low Density
Residential-2 (LDR-2) [7,200 SF]
Vacant (undeveloped)
North 2.1-5 du/ac Residential
(2.1-5R)
Low Density Residential-2
(LDR-2) [7,200 SF]
Vacant (undeveloped)
South 2.1-5 du/ac Residential (2.1-
5R), Conservation (OS-C)
Low Density Residential-2
(LDR-2) [7,200 SF], Open Space-
Conservation (OS-C)
Single-family
Residential, Open
Space
East Public/Quasi Public Facilities
(PF), 2.1-5 du/ac Residential
(2.1-5R)
Public/Quasi-Public Facilities
(PF), Low Density Residential-2
(LDR-2) [7,200 SF]
Paloma Valley High
School, Vacant
(undeveloped)
West 2.1-5 du/ac Residential (2.1-
5R), Conservation (OS-C)
Low Density Residential-2
(LDR-2) [7,200 SF], Open Space-
Conservation (OS-C)
Single-family
Residential, Open
Space
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Implementation of the proposed project may require that approval, permits, licenses, certification, or other entitlements be obtained from various state and local agencies, including:
• Western Riverside County Regional Conservation Authority (RCA) and California Department of Fish and Wildlife (CDFW) (Burrowing Owl Protection and Relocation Plan) • Santa Ana Regional Water Quality (National Pollution Discharge Elimination System [NPDES] Construction General Permit)
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 40
Menifee Mayor and City Council April 6, 2022
Evans Park Project
7 Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” or “Less than Significant with Mitigation Incorporated” as indicated by the checklist on the following pages. 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
Wildfire Mandatory Findings of
Significance
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 41
Menifee Mayor and City Council April 6, 2022
Evans Park Project
8 Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards; and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required.
March 4, 2022
Signature Date
Yara Fisher Bryce Howell, City of Menifee
Printed Name For
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 42
Menifee Mayor and City Council April 6, 2022
Evans Park Project
9 Evaluation of Environmental Impacts
1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4) “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D).
In this case, a brief discussion should identify the following:
a. Earlier Analysis Used. Identify and state where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis.
c. Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 43
Menifee Mayor and City Council April 6, 2022
Evans Park Project
10 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected.
9) The explanation of each issue should identify:
a. the significance criteria or threshold, if any, used to evaluate each question; and b. the mitigation measure identified, if any, to reduce the impact to less than significance.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 44
Menifee Mayor and City Council April 6, 2022
Evans Park Project
11 I. Aesthetics
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Except as provided in Public Resources Code Section 21099, would the project:
a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) 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?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the
area?
Sources: City 2013a; 2013b, California Department of Transportation 2019, U.S. Census Bureau 2020
a) Have a substantial adverse effect on a scenic vista? Less than Significant Impact. A scenic vista is generally defined as a public viewpoint that provides expansive or notable views of a highly valued landscape and are typically identified in planning documents, such as a community plan, but can also include locally known areas or locations where high- quality public views are available. As discussed in the City’s General Plan EIR:
The natural mountainous setting of the Menifee area is critical to its overall visual character and provides scenic vistas for the community. Topography and a lack of dense vegetation or urban development offer scenic views throughout the City, including to and from hillside areas. Scenic features include gently sloping alluvial fans, rugged mountains and steep slopes, mountain peaks and ridges, rounded hills with boulder outcrops, farmland and open space. Scenic vistas provide views of these features from public spaces. Many of the scenic resources are outside the City limits and beyond the planning area boundary. Scenic views from Menifee include the San Jacinto Mountains to the northeast and east; the San Bernardino Mountains to the north; the San Gabriel Mountains to the northwest; and the Santa Ana Mountains to the west and southwest (City 2013b).
While the project site itself does not contain any protected scenic resources, the flat topography and undeveloped nature of the project site area afford distant views across the site towards the surrounding mountain ranges and more prominent views toward the sloping hills and boulder outcrops southeast of the project site. The project would introduce new recreational land uses to the project site; however, the pump track and bike trails in the southern phase and the multi-use ball field, splash pad, picnic areas, and trail conceptually proposed in the northern phase, as well as associated infrastructure Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 45
Menifee Mayor and City Council April 6, 2022
Evans Park Project
12 (parking lots, restrooms, lighting, signage, etc.) are low profile and would not include the development of features that would obstruct views across the site. The minimal footprint of such features coupled with the topographical changes from the low-lying project site in relation to the height of the mountains, hillsides, and outcroppings , views would be maintained and therefore would not have a substantial adverse effect on a scenic vista. Impacts would be less than significant in relation to this issue.
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
No Impact. California’s Scenic Highway Program was created by the legislature in 1963 to protect and enhance the natural scenic beauty of California highways and adjacent corridors. The State Scenic Highway System includes a list of highways maintained by the California Department of Transportation (Caltrans) that are either currently designated or eligible for designation as scenic highways. According to the Caltrans List of Officially Designated and Eligible State Scenic Highways, there are no officially designated state scenic highways in the vicinity of the project site (Caltrans 2019). The nearest eligible state scenic highway is a nearly three-mile section of Interstate (I-) 215 at its juncture with State Route (SR) 74, which is approximately six miles northeast of the project site. It is noted that entirety of I-215 as it traverses through Menifee is a designated scenic corridor within the General Plan (Exhibit CD-2, Enhanced Landscape Corridors and Scenic Corridors), indicating that locally this transportation route is considered to allow commuters valuable scenic views. As discussed above, the project would be low- profile, vertical development limited to restrooms and light standards. Other features such as the pump track mounds and trails, picnic tables, multi-use ball field, splash pad, parking lots, and any other associated infrastructures would be visible as you approach the site on the surrounding local circulation network, but not from further distances, such as I-215, which is approximately 1.5 miles to the east and at the same elevation as the project site. Nevertheless, there are no officially designated state scenic highways that have views into the project site and, therefore, the proposed project would not damage scenic resources within a state scenic highway. No impact would occur in relation to this issue. c) 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 points). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. Public Resources Code (PRC) 21071 defines the term “urbanized area” for the purpose of CEQA to mean an incorporated city that has a population of at least 100,000 persons or has 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. As of 2020, the most recent available data, City has a population of 102,527 (U.S. Census Bureau 2020). Thus, the project site is within an urbanized area and therefore, is evaluated relative to applicable zoning and other regulations governing scenic quality.
The project site has a zoning and land use designation of Recreation (OS-R). In addition to the project’s consistency with the zoning and land use designation, the project is consistent with the General Plan and its goals policies as they relate to scenic quality. Particularly, the General Plan policies consider the preservation of scenic vistas, including those that protect undisturbed slopes, hillsides, and other natural landforms that enhance the City’s environmental setting. Further, the Open Space and Conservation Background Documents and Definitions document prepared to support the General Plan identifies that, Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 46
Menifee Mayor and City Council April 6, 2022
Evans Park Project
13 “As the City grows it is important to establish guidance for the protection and thoughtful development of Menifee’s hillsides and natural rock outcroppings. The intent is to ensure that proposed development is carefully designed to respect the views and character that residents have identified as one of the City’s most valuable assets (City 2013a).” As shown in Exhibit OSC-1, Significant Slopes, the project site is located in an area with minimal slope (0-5 percent) containing no slopes or hillsides and the drainage in the northern phase, a natural landform would remain in its present state. The project site would introduce new elements; however, the design concept is to retain the natural features of the site outside of the trails, multi-use ball field, splash pad, and parking lots.
In addition, the General Plan Community Design Element tasks the City with preserving positive characteristics and unique features of a site during the design and development of a new project; the relationship to scale and character of adjacent uses should be considered (Policy CD-3.1), maintaining and incorporating the city’s natural amenities, including its hillsides, indigenous vegetation, and rock outcroppings, within proposed project (Policy CD-3.2), avoiding the blocking of public views by solid walls (policy CD-3.20), and use open space, greenways, recreational lands, and water courses as community separators (Policy CD-3.21). The project would create a pump track that would blend manufactured elements along the circuit and dirt trails with the existing vegetation and topography in the southern phase and similarly introducing a multi-use ball field, splash pad and picnic areas with a trail that it is integrated into the existing landscape of the northern phase. The project would not erect any walls that would obstruct views and would create a transition area between the residential land uses to the south and west and the high school to the north and east.
The project is consistent with the applicable land use designation and zoning and does not interfere with the City implementing goals and policies of the General Plan as they relate to the preservation of scenic resources. No impact would occur in relation to this issue. d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area?
Less than Significant Impact. There are two primary sources of light: light emanating from building interiors that passes through windows and light from exterior sources (e.g., street lighting, parking lot lighting, building illumination, security lighting, and landscape lighting). The introduction of light can be a nuisance by affecting adjacent areas and diminishing the view of the clear sky depending on the location of the light sources and its proximity to nearby light-sensitive areas.
The project site is located in an area that is developing, there are residential land uses to the south and west and Paloma Valley High School to the east. There are streetlights that align the west side of Evans Road and the north side of Craig Avenue. Other nearby sources of light are light emanating from the residences (exterior and interior) and security, multi-use ball field, and sidewalk/navigational lighting at the high school. Additionally, vehicles traveling along the surrounding roadways are also an existing light source.
The project would include the installation of solar light standards for the southern phase, which will allow the pump track to operate until 9 p.m., at which point the only lighting would be for security. The lighting plan for the northern phase is unknown, however, typical of City parks, lighting would be installed for security and for the operation of the multi-use ball field.
The Menifee Municipal Code (MMC) Title 13 sets forth the regulations for parks and recreation facilities, which includes that all lighted sports fields hall close by 10 p.m. (MMC Section 13.01.250). Further, the Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 47
Menifee Mayor and City Council April 6, 2022
Evans Park Project
14 City has adopted the County of Riverside Dark Sky Light Pollution Ordinance, which regulates the allowable lumens per acre and directs that lighting must be fully shielded if feasible and partially shielded in all other cases and must be focused to minimize spill light into the night sky and onto adjacent properties (MMC Section 6.01.040).
Site lighting would consist of pole-mounted and potentially building-mounted lights, which would conform to the California Building Code (CBC), California Code of Regulations (CCR) Title 24, as well as the City’s standards that regulate outdoor lighting. All pole-mounted lights would be similar to the existing lighting surrounding the project and would blend into that existing lighting. Therefore, impacts related to lighting would be less than significant.
Glare is generally associated with architectural features such as windows or mirrored glass and solar paneling. The Project does not include any structures that would have such features. The restroom building, which is the only permanent structure proposed at the park, would be constructed of standard building materials, which would not create substantial daytime glare.
Thus, with the required compliance to the MMC and site design features, the project would not create a new source of substantial light or glare that would adversely affect day or nighttime views in the area.
Impacts are less than significant in relation to this issue.
II. Agriculture and Forestry Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code
Section 12220(g)), timberland (as defined by Public
Resources Code Section 4526), or timberland zoned
Timberland Production (as defined by Government Code
Section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to non-forest use?
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of
forest land to non- forest use?
Sources: California Department of Conservation (DOC) 2019; 2017 Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 48
Menifee Mayor and City Council April 6, 2022
Evans Park Project
15 a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
No Impact. The project site is not classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance and the project site is not used for agricultural purposes (Department of Conservation [DOC] 2019). Therefore, the project would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance No impact would occur in relation to this issue. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The Williamson Act is applicable to parcels within an established agricultural preserve consisting of at least 20 acres of Prime Farmland, or at least 40 acres of land not designated as Prime Farmland. The Williamson Act is designed to prevent the premature and unnecessary conversion of open space lands and agricultural areas to urban uses. The Williamson Act enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land for use as agricultural or related open space. The project site is not zoned for agricultural use, is not Prime Farmland, and does not meet the acreage requirements. Additionally, according to the General Plan EIR, all Williamson Act contracts within the City expired in 2017 (City 2013b). Thus, the project would not conflict with an existing agricultural zoning or Williamson Act contract. No impact would occur in relation to this issue.
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. PRC Section 12220(g) defines “forest land” as land that can support ten percent native cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. There are trees that are clustered along the drainage in the northern phase and there are scattered ornamental trees in the southern phase; however, based on the definition provided in the PRC, no forest land occurs within or adjacent to the project site. Moreover, there is no land zoned as forest land or timberland that exists within the project site or within its vicinity.
Therefore, the proposed project would not conflict with existing zoning for forest land or timberland. No impact would occur in relation to this issue.
d) Result in the loss of forest land or conversion of forest land to non-forest use? No Impact. As stated in item II c), there is no land zoned as forest land or timberland that exists within the project site or its vicinity. As such, implementation of the proposed project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur in relation to this issue.
e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
No Impact. As stated in item II a), the project site is located in an area classified as Farmland of Local Importance. However, the project site is not currently used for agricultural purposes and is not intended Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 49
Menifee Mayor and City Council April 6, 2022
Evans Park Project
16 to be used for agricultural uses in the future. Additionally, the project site is not zoned for agricultural purposes, nor does the site have an agricultural land use designation. The project site is currently vacant and does not include forest land. Surrounding land uses include residential and land zoned and designated for residential as well as a high school. Thus, through the existing and planned land uses, the City has not identified this area for agricultural uses or preservation of forest land and the operation of a park would not indirectly convert any land to other uses through the need for offsite infrastructure support. Therefore, the project would not involve changes in the existing environment that could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. No impact would occur in relation to this issue.
III. Air Quality
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) 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?
c) Expose sensitive receptors to substantial pollutant
concentrations?
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Sources: HELIX 2021a, Caltrans 1998, Urban Crossroads 2021a
The discussion below is based on the Air Quality and Greenhouse Gas Emission Technical Report prepared by HELIX Environmental Planning, Inc. (HELIX) (HELIX; 2021a), attached to this IS/MND as Appendix A.
Discussion
Project construction would be required to implement all applicable fugitive dust best available control measures specified in Table 1 of the SCAQMD Rule 403, Fugitive Dust (SCAQMD 2005), including, but not limited to: the use of an on-site water truck to wet down exposed areas at least twice daily, maintaining a 12 percent moisture content to unpaved roads, and limiting vehicle speeds to 15 miles per hour (mph). a) Conflict with or obstruct implementation of the applicable air quality plan? Less than Significant Impact. The project site is located within the South Coast Air Basin (SCAB), which is governed by the South Coast Air Quality Management District (SCAQMD). The SCAQMD develops and Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 50
Menifee Mayor and City Council April 6, 2022
Evans Park Project
17 administers local regulations for stationary air pollutant sources within the SCAB, and also develops plans and programs to meet attainment requirements for both federal and state ambient air quality standards (National Ambient Air Quality Standards [NAAQS] and California Ambient Air Quality Standards [CAAQS], respectively). The SCAQMD and the Southern California Association of Governments (SCAG) are responsible for developing and implementing the clean air plan for attainment and maintenance of the Ambient Air Quality Standards (AAQS) in the SCAB. The SCAQMD has developed a sequence of Air Quality Management Plans (AQMP) to reduce emissions. On March 3, 2017, the SCAQMD adopted the 2016 AQMP, which represents a comprehensive analysis of emissions, meteorology, atmospheric chemistry, regional growth projections, and the impact of existing control measures. The AQMP, in combination with those from all other California nonattainment areas with serious (or worse) air quality problems, is submitted to CARB, which develops the California State Implementation Plan (SIP). The SIP relies on the same information from SCAG to develop emission inventories and emission reduction strategies that are included in the attainment demonstration for the air basin.
In addition, SCAG has prepared the Regional Transportation Plan (RTP)/Sustainable Communities Strategy (SCS), a long-range transportation plan that uses growth forecasts to project trends out over a 20-year period to identify regional transportation strategies to address mobility needs. These growth forecasts form the basis for the land use and transportation control portions of the AQMP. These documents are utilized in the preparation of the air quality forecasts and consistency analysis included in the AQMP. Both the RTP/SCS and AQMP are based, in part, on projections originating with County and City General Plans (SCAG serves as the federally designated metropolitan planning organization for the southern California region).
The project site is zoned and designated as OS-R and would be developed in accordance with those land uses. Additionally, the project site is identified as a desired location for a community park in the City’s Parks Master Plan. Because the project is consistent with the local general plan and zoning, pursuant to SCAQMD guidelines, the proposed project is considered consistent with the region’s AQMP. As such, proposed project-related emissions are accounted for in the AQMP, which is crafted to bring the basin into attainment for all criteria pollutants. Accordingly, the proposed project would be consistent with the projections in the AQMP. Impacts would be less than significant in relation to this issue. b) 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? Less than Significant Impact. The project would generate criteria pollutants in the short-term during construction and the long-term during operation. To determine whether a project would result in emissions that would violate an air quality standard or contribute substantially to an existing or projected air quality violation, a project’s emissions are evaluated based on the quantitative emission thresholds established by the SCAQMD.
The project’s criteria pollutant emissions were calculated using the California Emissions Estimator Model (CalEEMod) Version 2020.4.0. CalEEMod is a statewide land use emissions computer model designed to provide a uniform platform for government agencies, land use planners, and environmental professionals to quantify potential criteria pollutant and GHG emissions associated with both construction and operations from a variety of land use projects. The model was developed for the California Air Pollution Control Officers Association (CAPCOA) in collaboration with the California air districts. CalEEMod allows for the use of default data (e.g., emission factors, trip lengths, meteorology, Item Title: 10.12
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18 source inventory) provided by the various California air districts to account for local requirements and conditions, and/or user-defined inputs.
Construction Emissions
Construction of the project would result in temporary increases in air pollutant emissions. These emissions would be generated in the form of fugitive dust emissions (particulate matter less than 10 microns [PM10] and particulate matter less than 2.5 microns [PM2.5]) and ozone precursor emissions (nitrogen oxides [NOX] and reactive organic gas [ROG]). Construction is expected to occur in 2022 for the southern phase and in 2025 and 2026 for the northern phase.
Construction emissions calculated using CalEEMod Version 2020.4.0 are provided in Appendices A and B of the Air Quality and Greenhouse Gas Emissions Technical Report prepared for the project, included as Appendix A to this IS/MND (HELIX 2021a). The results of the calculations for project construction are shown in Table 2, Unmitigated Daily Construction Emissions. The analysis assessed total daily emissions from both project phases broken down by phase of construction. The modeling assumes the application of water on all exposed areas during construction in compliance with SDAPCD Rule 55, Fugitive Dust Control. Based on CalEEMod version 2020.4.0, the control efficiency for watering two times per day is 55 percent.
Table 2
UNMITIGATED DAILY CONSTRUCTION EMISSIONS
Phase ROG
lbs/day
NOX
lbs/day
CO
lbs/day
SOX
lbs/day
PM10
lbs/day
PM2.5
lbs/day
Southern Phase (On and Off-site Emissions)
Site Preparation 3.2 33.1 20.3 <0.1 10.7 6.1
Grading 2.0 20.9 15.8 <0.1 4.3 2.5
Building Construction 2.2 18.0 20.9 <0.1 2.3 1.2
2022 Maximum Daily Emissions1 3.2 33.1 20.3 <0.1 10.7 6.1 Northern Phase (On and Off-site Emissions)
Site Preparation (2025) 2.5 25.3 18.4 <0.1 10.1 5.6
Grading (2025) 3.0 28.0 26.9 0.1 5.5 2.7
Building Construction (2025) 2.2 16.4 23.9 0.1 3.8 1.4
2025 Maximum Daily Emissions1 3.0 28.0 26.9 0.1 10.1 5.6 Building Construction (2026) 2.1 16.4 23.5 0.1 3.8 1.4
Paving (2026) 1.0 8.6 0.4 <0.1 0.6 0.4
Architectural Coating (2026) 0.3 1.2 3.0 <0.1 0.6 0.2
2026 Maximum Daily Emissions1 2.1 16.4 23.5 0.1 3.8 1.4 SCAQMD Thresholds 75 100 550 150 150 55
2022 - Significant Impact? No No No No No No
2025 - Significant Impact? No No No No No No
2026 - Significant Impact? No No No No No No
Source: HELIX 2021a
1 Totals may not sum due to rounding, and offsite emissions are included in the totals.
ROG = reactive organic gas; NOX = nitrogen oxides; CO = carbon monoxide; SOX = sulfur oxides; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate matter 2.5 microns or less in diameter; lbs/day = pounds per day
As shown in Table 2, emissions of criteria pollutants and precursors related to project construction would not exceed the SCAQMD significance threshold, and the impact would be less than significant.
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19 Operational Emissions
Long-term operational sources of pollutant emissions include area, energy, mobile (transportation), water use, and solid waste. Area source emissions are generated from on-site activities such as use of consumer products, landscaping maintenance activities, and the reapplication of architectural coatings for maintenance. Energy source emissions would result from on-site electricity. Mobile source emissions are generated from project-related vehicle trips based on the trip generation rates from the Traffic Study prepared for the project. Table 3, Daily Operational Emissions, presents a summary of maximum daily operational emissions for the proposed project.
Table 3
DAILY OPERATIONAL EMISSIONS
Phase ROG
lbs/day
NOX
lbs/day
CO
lbs/day
SOX
lbs/day
PM10
lbs/day
PM2.5
lbs/day
Phase 1
Area <0.1 <0.1 <0.1 0 0 0
Energy 0 0 0 0 0 0
Mobile 0.9 1.1 8.3 <0.1 1.8 0.5
Total Phase 1 Daily Emissions1 0.9 1.1 8.3 <0.1 1.8 0.5 Phase 2
Area <0.1 <0.1 <0.1 0 0 0
Energy 0 0 0 0 0 0
Mobile 1.6 1.7 15.1 <0.1 3.9 1.1
Total Phase 2 Daily Emissions1 1.6 1.7 15.1 <0.1 3.9 1.1 Total Operational Emissions 2.5 2.8 23.4 <0.1 5.7 1.6
SCAQMD Thresholds 55 55 550 150 150 55
Significant Impact? No No No No No No
Source: HELIX 2021a
1 Totals may not sum due to rounding.
ROG = reactive organic gas; NOX = nitrogen oxides; CO = carbon monoxide; SO2 = sulfur dioxide; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate matter 2.5 microns or less in diameter; lbs/day = pounds per day
As shown in Table 3, project operational emissions of criteria pollutants and precursors during long-term operation of the project would not exceed the daily thresholds set by the SCAQMD. Impacts would be less than significant in relation to this issue.
c) Expose sensitive receptors to substantial pollutant concentrations? Less than Significant Impact. Sensitive populations (i.e., children, senior citizens, and acutely or chronically ill people) are more susceptible to the effects of air pollution than are the general population. Land uses that are considered sensitive receptors typically include residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes. The closest existing sensitive receptors to the project site are the single-family residences located approximately 100 feet west of the project boundary. In addition, the Paloma Valley High School, with recreational fields located approximately 50 feet from the project’s northeast corner, was also evaluated. An analysis of the project’s potential to expose sensitive receptors to pollutants during construction and operation is provided below.
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20 Construction Activities
Criteria Pollutants
The localized effects from the on-site portion of daily construction emissions were evaluated at sensitive receptor locations potentially impacted by the project according to the SCAQMD’s localized significance threshold (LST) method, described above. The proposed project is within source receptor area (SRA) 24, Perris Valley. Consistent with the LST guidelines, when quantifying mass emissions for localized analysis, only emissions that occur on site are considered. Emissions related to off-site delivery/haul truck activity and construction worker trips are not considered in the evaluation of construction-related localized impacts, as these do not contribute to emissions generated on a project site. Given the distance to the nearest sensitive receptors, the LSTs in SRA 24 for receptors located less than 82 feet (25 meters) are used for project sites greater than 5 acres. Table 4, Maximum Localized Daily Construction Emissions, shows the localized construction emissions .
Table 4
MAXIMUM LOCALIZED DAILY CONSTRUCTION EMISSIONS
Phase NOX
lbs/day
CO
lbs/day
PM10
lbs/day
PM2.5
lbs/day
Phase 1 - 2022 Maximum Daily Onsite Emissions1
Site Preparation 33.1 19.7 10.4 6.0
Grading 20.9 15.3 4.1 2.4
Building Construction 15.6 16.4 0.8 0.8
Highest Phase 1 - Emissions 33.1 19.7 10.4 6.0
SCAQMD LST Thresholds (25 meters) 270 1577 13 8
Mitigated 2022 Exceed LST @ 25 meters? No No No No
Phase 2 - 2025 Maximum Daily Onsite Emissions1
Site Preparation 25.2 17.9 9.9 5.5
Grading 27.9 26.3 5.3 2.7
Building Construction 12.5 16.1 0.5 0.5
Highest Phase 2 - 2025 Emissions 25.2 17.9 9.9 5.5
SCAQMD LST Thresholds (25 meters) 270 1577 13 8
Mitigated 2025 Emissions Exceed LST @ 25 meters? No No No No Phase 2 - 2026 Maximum Daily Onsite Emissions1
Building Construction 12.5 16.0 0.5 0.5
Paving 8.6 14.6 0.4 0.4
Architectural Coatings 1.1 1.8 0.1 0.1
Highest Phase 2 – 2026 Emissions 12.5 16.0 0.5 0.5
SCAQMD LST Thresholds (25 meters) 270 1577 13 8
Mitigated 2026 Emissions Exceed LST @ 25 meters? No No No No Source: HELIX 2021a
1 Totals may not sum due to rounding.
NOX = nitrogen oxides; CO = carbon monoxide; PM10 = particulate matter 10 microns or less in diameter; PM2.5 = particulate matter 2.5 microns or less in diameter; lbs/day = pounds per day
As shown in Table 4, localized emissions for all criteria pollutants would remain below their respective SCAQMD LSTs at 82 feet (25 meters) during each phase of construction. Construction emissions during phase one and phase two would not result in exposure of sensitive receptors to substantial localized Item Title: 10.12
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21 concentrations of criteria pollutants and precursors. Impacts would be less than significant in relation to this issue.
Toxic Air Contaminants
Diesel particulate matter (DPM) is the primary toxic air contaminant (TAC) that would be emitted during construction, and would be generated from the use of heavy-duty construction equipment, haul trucks, on-site generators, and construction worker vehicles. Health-related risks associated with diesel-exhaust emissions are primarily linked to long-term exposure and the associated risk of contracting cancer. The amount to which the receptors could be exposed, which is a function of concentration and duration of exposure, is the primary factor used to determine health risk. The generation of TAC emissions during construction would be variable and sporadic due to the nature of construction activity. During some equipment-intensive phases such as grading, construction-related emissions would be higher than other less equipment-intensive phases such as building construction. Overall, construction is anticipated to last a total of approximately 490 working days, consisting of 380 working days for the northern phase and 110 working days for the southern phase. The closest sensitive receptors to the project site are the single-family residences located approximately 100 feet west of the project boundary, in addition to Paloma Valley High School, with recreational fields located approximately 50 feet from the project’s northeast corner. Due to the short duration and intermittent nature of construction activities, and due to the highly dispersive properties of DPM, project-related TAC emission impacts during construction would not expose sensitive receptors to substantial pollutant concentrations and the impact would be less than significant.
Operational Activities
Carbon Monoxide Hotspots
A CO hotspot is an area of localized CO pollution caused by severe vehicle congestion on major roadways, typically near intersections. In accordance with the Transportation Project-Level Carbon Monoxide Protocol, CO hot spots are typically evaluated when: (a) the level of service (LOS) of an intersection decreases to a LOS E or worse because of the project; (b) signalization and/or channelization is added to an intersection; and (c) sensitive receptors such as residences, schools, hospitals, etc., are located in the vicinity of the affected intersection or roadway segment (Caltrans 1998). According to the Traffic Study prepared for the project, the Evans Road & Craig Avenue intersection is currently LOS F during the morning rush. Without mitigation, the intersection will remain LOS F with the project. With roadway improvements, the study area intersections are anticipated to operate at an acceptable LOS during the peak hours under the opening year cumulative condition (2025). Implementation of the project would not result in the LOS of any of the analyzed intersections degrading (Urban Crossroads 2021a). Therefore, consistent with the CO Protocol, operation of the project would not result in exposure of sensitive receptors to substantial localized CO concentrations.
Impacts would be less than significant in relation to this issue.
Toxic Air Contaminants
Long-term operation of the project would result in some emissions of DPM from vehicles traveling to and from the project site. However, the project would not require the regular use of heavy or medium diesel-powered trucks (other than for occasional deliveries and waste collection) and the mix of vehicles traveling to and from the project site would primarily be light duty autos and trucks typical of the region.
Therefore, the project would not result in significant localized concentrations of DPM. As a recreational Item Title: 10.12
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22 park, the proposed project in not anticipated to generate other long-term operational TACs. Therefore, long-term operation of the project would not result in the exposure of sensitive receptors to substantial pollutant concentrations and the impact would be less than significant. d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Less than Significant Impact. Minor amounts of odor compounds associated with diesel heavy equipment exhaust and VOCs would be emitted during construction of the project. The odors of these emissions may be considered objectionable; however, construction emissions would be minor and temporary. Additionally, construction equipment associated with the project would be operating at various locations throughout the project site and would not take place all at once. Odorous hydrocarbons emissions would dissipate beyond the emissions sources and would only affect receptors in the immediate vicinity of the construction site. Construction-related operations would also be temporary in nature and would cease at the completion of construction. Therefore, construction activities would not result in nuisance odors. Odor impacts associated with construction would be less than significant. Operation of the project includes the operation of a park and does not include land uses commonly associated with odor complains, such as agricultural uses, wastewater treatment plants, food processing plants, chemical plants, and landfills. Therefore, long-term operation of the project would not be a substantial source of objectionable odors. Therefore, the project would not create objectionable odors affecting a substantial number of people, and the impact would be less than significant.
IV. Biological Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the
California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
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23 Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat conservation plan?
Sources: HELIX 2021b, CDFW 2009, CDFW 2000, USFWS 2000, County 2006, CDFW 2021, CDFW 2012, USFWS 2015, Dudek 2003, South Coast Wildlands 2008, Riverside County Habitat Conservation Authority 1996.
HELIX conducted a General Biological Resources Assessment for the Evans Park Project (HELIX 2021b).
The discussion below is based on the General Biological Resources Assessment prepared by HELIX for the proposed project in November 2021 (HELIX 2021b). the General Biological Resources Assessment is attached to this IS/MND as Appendix B.
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less than Significant with Mitigation Incorporated. Potential impacts resulting from the southern and northern phases are analyzed below.
Rare Plant Species
Southern Phase
Rare plant species include those species listed by the California Native Plant Society (CNPS) with a California Rare Plant Rank (CRPR) of 1, 2, or 3, federally and state listed endangered and threatened species, or those species that require additional surveys by the MSHCP.
Rare plant surveys were not required since the southern phase is not located within a Criteria Area Species Survey Area (CASSA) or Narrow Endemic Plant Species Survey Area (NEPSSA) [see item IV f), below]. According to a database search conducted on the California Natural Diversity Database (CNDDB) by the General Biological Resources Assessment, one species, smooth tarplant (Centromadia pungens ssp. laevis) was determined to have a high potential to occur on the southern phase based on suitable habitat and recent observations within the immediate vicinity of the site. The nearest record of smooth tarplant was recorded in 2015, 0.30 mile to the north, north of Paloma Valley High School. Smooth tarplant is conditionally covered under the MSHCP and is a CRPR 1B.1 species. Smooth tarplant and burrowing owl occur within the same habitat on-site, and two of the burrowing owl focused surveys overlapped within the species blooming period. Both of the surveys were negative for smooth tarplant.
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24 Therefore, impacts to rare plant species resulting from the southern phase of the proposed project would be less than significant.
Northern Phase
Rare plant surveys were not required since the southern phase is not located within a CASSA or NEPSSA [see item IV f), below]. According to a database search conducted on CNDDB by the General Biological Resources Assessment, three rare plant species were considered to have a potential to occur within the northern phase based on the presence of potentially suitable habitat and observations within the vicinity of the northern phase: smooth tarplant, Parry’s spineflower (Chorizanthe parryi var. parryi), and long-spined spineflower (Chorizanthe polygonoides var. longispina). Therefore, a significant impact may occur. Per mitigation measure BIO-1, rare plant surveys would be conducted within this suitable habitat to determine the presence of species. The focused surveys would be conducted in accordance with published agency guidelines (CDFW 2009, CDFW 2000, and USFWS 2000) and during the appropriate time of year as outlined in mitigation measure BIO-1. If rare plants are identified and cannot be avoided, the project-level biological survey report would justify why species-specific mitigation is necessary and propose mitigation to reduce project impacts to a less than significant level. With implementation of mitigation measure BIO-1, impacts to rare plant species in the northern phase would be less than significant.
Sensitive Animal Species
Southern Phase
Sensitive animal species include federally and state listed endangered and threatened, candidate species for listing by the CDFW, and/or are species of special concern (SSC) pursuant to CDFW. According to the General Biological Resources Assessment, seven sensitive animal species were determined to have potential to occur on the southern phase: Crotch bumblebee (Bombus crotchii), coastal whiptail (Aspidoscelis tigris stejnegeri), loggerhead shrike (Lanius ludovicianus), San Diego black-tailed jackrabbit (Lepus californicus bennettii
), Stephens’ kangaroo rat (Dipodomys stephensi), Burrowing Owl (Athene cunicularia; BUOW), and western mastiff bat (Eumops perotis californicus).
Crotch bumblebee has a low potential to occur within the disturbed California buckwheat scrub in the southeastern portion of the southern phase. This species is currently listed on CNDDB as a State Candidate Endangered Species. However, the Sacramento Superior Court recently ruled that insects are not subject to protection under the California Endangered Species Act (Almond Alliance et al. v.
California Fish and Game Commission). Therefore, this species is not evaluated further because of this and its low potential to occur onsite.
Coastal whiptail, loggerhead shrike, San Diego black-tailed jackrabbit, and Stephens’ kangaroo rat are fully Covered Species under the MSHCP. With payment of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee (LDMF), no additional mitigation is required for potential impacts to these species. In addition, the southern phase is located within the Stephens’ kangaroo rat Habitat Conservation Plan (HCP), and the project is required to pay a Stephens’ kangaroo rat mitigation fee for incidental take authorization under the Stephens’ kangaroo rat HCP prior to issuance of a grading permit, a certificate of occupancy, or upon final inspection, whichever occurs first.
Item Title: 10.12
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25 BUOW is a conditionally Covered Species under the MSHCP. Focused BUOW surveys were conducted in the southern phase during the 2021 breeding season in accordance with the County’s survey protocol (2006). No BUOWs or BUOW sign were observed on the southern phase during the focused survey; therefore, BUOW is currently presumed absent from the surveyed portion of the southern phase.
However, a 30-day pre-construction survey is required to be conducted on the entire southern phase. To avoid significant impacts, the project would implement mitigation measure BIO-2. If BUOWs are observed during the 30-day pre-construction survey, additional measures would be required as outlined in BIO-2.
Although western mastiff bat is not an MSHCP Covered Species, it is listed as SSC by CDFW and does not carry a federal or state listing as threatened or endangered. The southern phase does not support suitable roosting habitat for western mastiff bat. Some potential foraging habitat exists on the southern phase, although the habitat is considered low quality based on the high level of existing disturbance.
Western mastiff bat was recorded on CNDDB in 2001, approximately two miles northwest of the southern phase. Based on the presence of small extant of suitable habitat, lack of recent observations, and absence of suitable roosting habitat for western mastiff bat, no significant impacts to this bat species is anticipated by the southern phase.
Therefore, with implementation of mitigation measure BIO-2, impacts to sensitive animal species resulting from the southern phase would be less than significant.
Northern Phase
According to the General Biological Resources Assessment, nine sensitive animal species were determined to have potential to occur on the southern phase: western spadefoot (Spea hammondii), coastal whiptail, loggerhead shrike, Stephens’ kangaroo rat, San Diego black-tailed jackrabbit, BUOW, Riverside fairy shrimp (Streptocephalus woottoni), western mastiff bat, and western yellow bat (Lasiurus xanthinus).
Western spadefoot, coastal whiptail, loggerhead shrike, Stephens’ kangaroo rat, and San Diego black- tailed jackrabbit are fully Covered Species under the MSHCP. With the payment of the MSHCP LDMF, no additional mitigation is required for potential impacts to these species. The northern phase is located within the Stephens’ kangaroo rat HCP and is required to pay a Stephens’ kangaroo rat mitigation fee for incidental take authorization under the Stephens’ kangaroo rat HCP prior to issuance of a grading permit, a certificate of occupancy, or upon final inspection, whichever occurs first.
BUOW and Riverside fairy shrimp are conditionally Covered Species under the MSHCP. The northern phase is located within the BUOW Survey Area, and suitable habitat is present within the northern phase. To avoid potential impacts to BUOW, the project would implement mitigation measure BIO-3 to conduct focused surveys in the northern phase prior to ground-disturbing activities. Measure BIO-1 also requires a 30-day pre-construction survey to be conducted on the entire northern phase. If BUOWs are observed during focused surveys and/or during the 30-day pre-construction survey, additional measures would be required as outlined in BIO-2 and BIO-3.
The northern phase supports suitable fairy shrimp habitat within the mapped herbaceous wetland and disturbed wetland communities. Therefore, focused surveys for the fairy shrimp species should be completed, and if fairy shrimp surveys are positive, additional measures would be required as outlined in mitigation measure BIO-4.
Item Title: 10.12
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26 Although western mastiff bat and western yellow bat are not MSHCP Covered Species, these species are listed as SSC by CDFW and do not carry a federal or state listing as threatened or endangered. The northern phase does not support suitable roosting habitat for either bat species. Some potential foraging habitat exists on the northern phase, although the habitat is considered low quality based on the high level of existing disturbance. Western mastiff bat was recorded on CNDDB in 2001, approximately two miles northwest of the northern phase. Western yellow bat was only recorded on CNDDB in 1982, approximately three miles to the north of the northern. Based on the presence of small extant of suitable habitat, lack of recent observations, and absence of suitable roosting habitat for western yellow bat and western mastiff bat, no significant impacts to either of these sensitive bat species are anticipated by the northern phase.
Therefore, with implementation of mitigation measures BIO-1 through BIO-4, impacts to sensitive animal species resulting from the northern phase would be less than significant.
Sensitive Vegetation Communities
Southern Phase
Approximately 1.92 acres of the 9.17-acre southern phase are proposed for development, which is dominated by non-native vegetation (Table 5, Impacts to Southern Phase Vegetation and Land Uses).
Temporary impacts to sensitive natural communities are those associated with the 30-foot construction buffer surrounding the pump track, parking, and restroom facility. There are no temporary impacts to sensitive natural communities associated with the bike track as the soil will be scraped using a skip loader with a scraper attachment. Additionally, 1,500 feet of silt fencing would be placed around the construction basin to avoid any impacts to potentially jurisdictional habitat. None of the vegetation communities mapped on the southern phase are considered sensitive pursuant to CDFW (2021).
Therefore, no impacts to sensitive vegetation communities would occur during the southern phase, and mitigation is not warranted.
Table 5
IMPACTS TO SOUTHERN PHASE VEGETATION AND LAND USES
MSHCP Vegetation
Community Classification
Collapsed
MSHCP Vegetation
Community Classification
Uncollapsed
Holland/Oberbauer
Temporary
Impacts
(Acres)
Permanent
Impacts
(Acres)
Coastal Sage Scrub Riversidean Sage Scrub Riversidean sage Scrub (disturbed
form)
-- --
Riparian Scrub,
Woodland, Forest
Tamarisk Scrub Tamarisk Scrub
(including disturbed)
-- --
Developed/Disturbed Residential/Urban Urban/Developed -- -- Land Exotic Disturbed 0.81 1.11
Water Open Water Open Water -- --
TOTAL 0.81 1.92
Source: HELIX 2021b
Northern Phase
Because no specific site plan is available for the northern phase, the General Biological Resources Assessment conservatively assumes the entire 13.56-acre northern phase may be proposed for Item Title: 10.12
Evans Park Design and Construction Project Phase 1
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27 development (Table 6, Impacts to Northern Phase Vegetation and Land Uses). The majority of the northern phase is dominated by disturbed habitat. None of the vegetation communities mapped on the northern phase are considered sensitive pursuant to CDFW (2021). Therefore, no impacts to sensitive vegetation communities would occur, and mitigation is not warranted.
Table 6
IMPACTS TO NORTHERN PHASE VEGETATION AND LAND USES
MSHCP Vegetation
Community Classification
Collapsed
MSHCP Vegetation
Community Classification
Uncollapsed
Holland/Oberbauer
Temporary
Impacts
(Acres)
Permanent
Impacts
(Acres)
Riparian Scrub, Southern Willow Scrub Southern Willow Scrub -- 0.61 Woodland, Forest Tamarisk Scrub Tamarisk Scrub -- 0.12 N/A4 N/A Disturbed Wetland -- 0.48
N/A6 N/A Herbaceous Wetland -- 0.08
Grassland Non-native Grassland Non-native grassland -- 4.68 Developed/Disturbed Residential/Urban Urban/Developed -- 0.43 Land Exotic Disturbed -- 7.16
TOTAL -- 13.56
Source: HELIX 2021b
Mitigation
BIO-1 Rare Plants: Due to the presence of suitable habitat for smooth tarplant, Parry’s spineflower, and long-spined spineflower in the northern phase, a qualified biologist shall survey the northern phase during the appropriate time of year (i.e., when the species is readily identifiable, such as during its blooming period) prior to initiating construction activities. The focused surveys shall be conducted in accordance with published agency guidelines (CDFW 2009, CDFW 2000, USFWS 2000). If individuals are found, one or more of the following shall be completed:
• Seed collection of the rare plant species at the end of the growing season and prior to ground disturbance, or obtain special-status plant species seeds from a native plant nursery if available, and plant collected seeds within an appropriate on-site or off-site mitigation area, which will be conserved as open space in perpetuity; • Payment into a mitigation bank and/or in-lieu fee program that has mitigation available for the rare plant species; and/or
• Preservation of land that contains the rare plant species.
Mitigation for significant impacts to special-status plant species will be implemented in consultation with CDFW.
BIO-2 Burrowing Owl Pre-construction Survey: In compliance with the MSHCP, a pre-construction survey shall be conducted on the southern phase within 30 days prior to ground disturbance to determine the presence of burrowing owls. If the pre-construction survey is negative and burrowing owl is confirmed absent, then ground-disturbing activities (i.e., earthwork, clearing, and grubbing) shall be allowed to commence and no further mitigation would be required.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 61
Menifee Mayor and City Council April 6, 2022
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28 If BUOW is observed during the pre-construction survey, active burrows shall be avoided by the project in accordance with the CDFW’s Staff Report on Burrowing Owl Mitigation (2012) or CDFW’s most recent guidelines. The Project Proponent shall immediately inform the Western Riverside County RCA of BUOW observations. A BUOW Protection and Relocation Plan (plan) shall be prepared by a qualified biologist, which must be sent for approval by RCA prior to initiating ground disturbance. The RCA will coordinate directly with CDFW as needed to ensure that the plan is consistent with the MSHCP and CDFW guidelines. The plan shall detail avoidance measures that shall be implemented during construction and passive or active relocation methodology. Relocation shall only occur outside of the nesting season (September 1 through January 31). The RCA may require the creation of translocation sites within the MSHCP Conservation Area for the establishment of new colonies. If required, the translocation sites must take into consideration unoccupied habitat areas, the presence of burrowing mammals, existing colonies, and the effects to other MSHCP Covered Species in order to successfully create suitable habitat for BUOW. The translocation sites must be developed in consultation with RCA.
If required, translocation sites would also be described in the agency-approved plan.
BIO-3 Burrowing Owl Protocol Survey: Prior to the commencement of ground-disturbing activities (i.e., earthwork, clearing, and/or grubbing) in the northern phase, Step II surveys shall be conducted to determine the presence or absence of BUOW on the project site. The surveys shall be conducted in accordance with the County’s survey protocol (2006). If BUOW is not detected during the Step II surveys, a pre-construction survey shall be conducted on the southern phase within 30 days prior to ground disturbance to determine the presence of BUOW. If the pre- construction survey is negative and BUOW is confirmed absent, ground-disturbing activities shall be allowed to commence, and no further mitigation is required.
If BUOW is observed on the southern phase during the Step II surveys, a Determination of Biologically Equivalent or Superior Preservation assessment shall be completed to ensure that the proposed alternative provides for the replacement of any lost functions and values of habitat. At least 90 percent of the area with long-term conservation value and BUOW pairs shall be conserved on-site if the southern phase (including adjacent areas) supports three or more pairs BUOWs; supports greater than 35 acres of suitable habitat, and is non-contiguous with MSHCP Conservation Area lands.
If BUOW is observed during the Step II surveys or the pre-construction survey, active burrows shall be avoided by the project in accordance with the CDFW’s Staff Report on BUOW Mitigation (2012) or CDFW’s most recent guidelines. The project proponent shall inform the Western Riverside County Regional Conservation Authority (RCA) of BUOW observations. A BUOW Protection and Relocation Plan (plan) shall be prepared by a qualified biologist, which must be sent for approval by RCA prior to initiating ground disturbance. The RCA will coordinate directly with CDFW as needed to ensure that the plan is consistent with the MSHCP and CDFW guidelines. The plan shall detail avoidance measures that shall be implemented during construction and passive or active relocation methodology. Relocation shall only occur outside of the nesting season (September 1 through January 31).
BIO-4 Fairy Shrimp: Prior to commencement of ground-disturbing activities (i.e., earthwork, clearing, and/or grubbing) within the northern phase, dry and wet season focused surveys for federally listed fairy shrimp species shall be completed. The surveys shall be conducted by a permitted biologist and follow the current USFWS survey protocol for large brachiopods (USFWS 2015).
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 62
Menifee Mayor and City Council April 6, 2022
Evans Park Project
29 Survey results shall be submitted to USFWS following completion of the surveys. If listed fairy shrimp species are not detected during the wet season surveys, then ground-disturbing activities shall be allowed to commence within the Phase III portion of the southern phase, and no further mitigation is required.
If federally listed fairy shrimp are identified during the wet and/or dry season surveys, and the project cannot avoid occupied habitat, a DBESP assessment shall be completed to ensure that the proposed alternative provides for the replacement of any lost functions and values of habitat. Project impacts to occupied listed fairy shrimp habitat shall be accomplished through the purchase of off-site mitigation credits at an agency-approved mitigation bank or in-lieu fee program, or through the purchase of off-site land that supports occupied habitat at a ratio of no less than 2:1. If off-site land is purchased, the mitigation site shall be preserved in perpetuity through a conservation easement, deed restriction, or similar legal protection mechanism. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
Less than Significant with Mitigation Incorporated. Potential impacts to riparian habitat or other sensitive natural communities for the southern and northern phases are analyzed below.
Southern Phase
According to the General Biological Resources Assessment, the southern phase supports a total of
3.20 acres of potential jurisdictional habitat pursuant to Section 1602 of the CFG Code as regulated by CDFW, consisting of 1.37 acres of basin with riparian vegetation and 1.83 acres of vegetated flood control channel. Potential CDFW jurisdiction in the southern phase will be entirely avoided by the project, and mitigation is not warranted (refer to Table 5, above). Additionally, 1,500 feet of silt fencing will be placed around the construction basin to avoid any impacts to potentially jurisdictional habitat.
Therefore, impacts to riparian habitat in the southern phase would not occur.
Northern Phase
According to the General Biological Resources Assessment, the northern phase supports a total of
1.35 acres of potential jurisdictional streambed and habitat pursuant to Section 1602 of the CFG Code as regulated by CDFW. Potential CDFW jurisdiction in the northern phase includes 0.55 acre of wetland habitat, 0.61 acre of southern willow scrub, and 0.19 acre of streambed habitat. A formal delineation of jurisdictional resources was not conducted, as the evaluation of the northern phase was conducted at a programmatic level. Therefore, a formal delineation of jurisdictional limits would be required in the northern phase prior to development to determine the limits, per mitigation measure BIO-5. Where avoidance is not feasible, project-specific impacts to jurisdictional resources would be applied by federal and state regulators via the applicable consulting and permitting process. The types of mitigation required may include on-site or off-site preservation, enhancement, creation, and/or restoration. With implementation of mitigation measure BIO-5, impacts to riparian habitat in the northern phase would be less than significant.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 63
Menifee Mayor and City Council April 6, 2022
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30 Mitigation
BIO-5 Jurisdictional Resources: A jurisdictional assessment shall be conducted for the northern phase.
Jurisdictional resources shall be avoided when feasible. Where avoidance is not feasible, project-specific impacts to jurisdictional resources will be applied by federal and state regulators via the applicable consulting and permitting process. The types of mitigation required may include on-site or off-site preservation, enhancement, creation, and/or restoration at a ratio of no less than 2:1 or higher, and are to be accomplished in close proximity to the impacts or at least in the same watershed. Final requirements and locations are, however, subject to change during applicable consultation/permit processes required by the USACE, RWQCB, and CDFW.
If Riparian/Riverine Areas in the northern phase (which are consistent with CDFW jurisdictional resources) cannot be avoided, a DBESP assessment shall be completed to ensure that the proposed alternative provides for the replacement of any lost functions and values of habitat.
Project impacts to Riparian/Riverine Areas shall be accomplished through on-site mitigation, the purchase of off-site mitigation credits at an agency-approved mitigation bank or in-lieu fee program, or through the purchase of off-site land. If off-site land is purchased, the mitigation site shall be preserved in perpetuity through a conservation easement, deed restriction, or similar legal protection mechanism.
BMPs to minimize and avoid impacts to jurisdictional resources during and after construction may include, but are not limited to, the following:
• Construction-related equipment will be stored in developed areas, outside of the drainage. No equipment maintenance will be done within or adjacent to the drainage. • Source control and treatment control BMPs will be implemented to minimize the potential contaminants that are generated during and after construction. Water quality BMPs will be implemented throughout the project to capture and treat potential contaminants.
• Substances harmful to aquatic life will not be discharged into the drainage. All hazardous substances will be properly handled and stored. • A Storm Water Pollution Prevention Plan will be prepared to prevent sediment from entering the drainage during construction.
• To avoid attracting predators during construction, the project will be kept clean of debris to the extent possible. All food-related trash items will be enclosed in sealed containers and regularly removed from the site.
• Construction personnel will strictly limit their activities, vehicles, equipment, and construction material to the proposed project footprint, staging areas, and designated routes of travel.
• Exclusion fencing will be installed to demarcate the limits of disturbance. The exclusion fencing should be maintained until the completion of construction activities.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 64
Menifee Mayor and City Council April 6, 2022
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31 c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
Less than Significant with Mitigation Incorporated. Potential impacts related to wetlands for the southern and northern phases are analyzed below.
Southern Phase
According to the General Biological Resources Assessment, the southern phase supports a total of
3.20 acres of potential jurisdictional resources pursuant to Sections 404/401 of the Clean Water Act (CWA) as regulated by USACE and the Regional Water Quality Control Board (RWQCB). The potential jurisdictional resources in the southern phase would be entirely avoided by the project, so impacts in in the southern phase would be less than significant.
Northern Phase
The northern phase supports potential jurisdictional waters and wetlands pursuant to Sections 404/401 of the CWA as regulated by USACE and RWQCB. A formal delineation of jurisdictional resources was not conducted as part of the General Biological Resources Assessment, as the evaluation was conducted at a programmatic level. Therefore, a formal delineation of jurisdictional limits would be required in the northern phase prior to development to determine the jurisdictional limits, per mitigation measure BIO-5 above. If resources under USACE and/or RWQCB jurisdiction are identified, impacts should be avoided where feasible. Where avoidance is not feasible, project-specific impacts to jurisdictional resources will be applied by federal and state regulators via the applicable consulting and permitting process. The types of mitigation required may include on-site or off-site preservation, enhancement, creation, and/or restoration. With implementation of mitigation measure BIO-5, impacts would be less than significant.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites?
Less than Significant with Mitigation Incorporated. Potential impacts related to wildlife movement and migratory species for the southern and northern phases are analyzed below.
Southern Phase
The southern phase is not part of a regional corridor and does not serve as a nursery site. The southern phase is not identified by the MSHCP (Dudek 2003) or South Coast Missing Linkages (South Coast Wildlands 2008) as being part of a local or regional corridor or linkage. The southern phase currently does not directly connect two or more large blocks of habitat. The southern phase is bounded by residential development to the north and west. The southern phase does not support native communities, with the exception of a small, isolated patch of disturbed Riversidean sage scrub, and is dominated by non-native species that may be used by birds and smaller mammals and reptiles that have adapted to human disturbance. Some wildlife moving may use the southern phase for foraging and/or nesting, but the use of the southern phase would be restricted due to limited vegetative cover and adjacent disturbance from existing human development. Therefore, impacts to wildlife movement in the southern phase would be less than significant, and mitigation is not warranted.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 65
Menifee Mayor and City Council April 6, 2022
Evans Park Project
32 Regarding migratory species, the development of the proposed southern phase could disturb or destroy active migratory bird nests, including eggs and young. Disturbance to or destruction of migratory bird eggs, young, or adults is in violation of the MBTA and is considered a potentially significant impact.
Although suitable habitat for nesting birds on the southern phase is limited, herbaceous ground cover and shrubs located throughout the southern phase could provide habitat for protected nesting bird species. Mitigation measure BIO-6 would help ensure the southern phase follows MBTA regulations, and would reduce impacts to a less than significant level.
Northern Phase
The northern phase is not part of a regional corridor and does not serve as a nursery site. The northern phase is not identified by the MSHCP (Dudek 2003) or South Coast Missing Linkages (South Coast Wildlands 2008) as being part of a local or regional corridor or linkage. The northern phase currently does not directly connect two or more large blocks of habitat. The northern phase is bounded by development to the east and west. The northern phase is dominated by non-native habitat. There is a drainage on-site which may be used by smaller mammals and reptiles, but it is restricted due to the surrounding development. Therefore, impacts to wildlife movement and migratory species would be less than significant, and mitigation is not warranted.
Regarding migratory species, the development of the northern phase could disturb or destroy active migratory bird nests, including eggs and young. Disturbance to or destruction of migratory bird eggs, young, or adults is in violation of the MBTA and is considered a potentially significant impact. Within the northern phase, the trees along the drainage could provide habitat for protected nesting birds.
Mitigation measure BIO-6 would help ensure the northern phase follows MBTA regulations, and would reduce impacts to a less than significant level.
Mitigation
BIO-6 Nesting Birds: To the extent feasible, construction activities (i.e., earthwork, clearing, and grubbing) within the southern phase or northern phase shall occur outside of the general bird nesting season for migratory birds. The general nesting season is March 15 through August 31 for songbirds and January 15 through August 31 for raptors.
If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory songbirds (March 15 through August 31) and raptors (January 15 through August 31) within the southern phase or northern phase, a qualified biologist shall perform a pre-construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and CFG Code. The pre-construction survey shall be performed no more than seven days prior to the commencement of construction activities. If construction is inactive for more than seven days, an additional survey shall be conducted. The results of the pre-construction survey shall be documented by the qualified biologist.
If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The Item Title: 10.12
Evans Park Design and Construction Project Phase 1
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Menifee Mayor and City Council April 6, 2022
Evans Park Project
33 biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
Less than Significant with Mitigation Incorporated. According to the General Biological Resources Assessment, the southern phase of the proposed project supports trees. However, none of the trees within the southern phase would be impacted. Therefore, the project would not conflict with Section 9.86.130 of the City’s Ordinance. However, the northern phase supports trees that may be subject to tree protection measures and may be impacted. With implementation of mitigation measure BIO-7, the City would ensure consistency with the City’s tree ordinance, which would reduce any direct impacts to City-protected trees to a less than significant level.
Mitigation
BIO-7 Protected Trees: Prior to impacting any trees within the northern phase, the City will confirm compliance with the City of Menifee’s Park Design, Landscaping and Tree Preservation (Section
9.86.130 of the City’s Ordinance No. 2015-167).
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Less than Significant with Mitigation Incorporated. According to the General Biological Resources Assessment, the southern phase is within the City/Menifee Area Plan of the MSHCP. The project site is not located within or adjacent to an MSHCP Criteria Area; therefore, the project site is not subject to special conservation requirements that apply to cells and is not required to undergo the Habitat Acquisition and Negotiation Strategy (HANS) process. The following analysis demonstrates the project’s compliance with MSHCP requirements.
Riparian/Riverine Areas and Vernal Pools (MSHCP Section 6.1.2) The identification of MSHCP Riparian/Riverine resources is based on the potential for the habitat to support, or be a tributary to habitat that supports Riparian/Riverine Covered Species. The MSHCP defines Riparian/Riverine habitat as “lands which contain Habitat dominated by trees, shrubs, or emergent mosses and lichens, which occur close to, or which depend upon, soil moisture from a nearby fresh water source; or areas with freshwater flow during all or a portion of the year” (Dudek 2003). The MSHCP defines Vernal Pools as “seasonal wetlands that occur in depression areas that have wetlands indicators of all three parameters (soils, vegetation, and hydrology) during the wetter portion of the growing season but normally lack wetlands indicators of hydrology and/or vegetation during the drier portion of the growing season” (Dudek 2003). Artificially created wetlands, except for those created intentionally to provide habitat or resulting from the creation of open waters or alteration of natural stream courses, are not considered MSHCP Vernal Pools.
Southern Phase
The southern phase does not support Riparian/Riverine or Vernal Pool habitat as defined by MSHCP.
Therefore, the southern phase would not result in significant impacts to MSHCP Riparian/Riverine Areas.
Additionally, the southern phase does not support suitable habitat for Riparian/Riverine or Vernal Pool Item Title: 10.12
Evans Park Design and Construction Project Phase 1
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34 plant species and, therefore, no impacts are anticipated by the project. The southern phase does not support suitable habitat for 11 of the 12 Riparian/Riverine or Vernal Pool animal species. The basin in the southern phase supports an area that may be potentially suitable habitat for Riverside fairy shrimp.
However, the basin, including the potentially suitable fairy shrimp habitat, is completely avoided by the project. Therefore, the southern phase is consistent with MSHCP Section 6.1.2.
Northern Phase
The northern phase has habitat identified as potential Riparian/Riverine Resources and Vernal Pool Resources. The potential Riparian/Riverine Areas and Vernal Pool include the drainage feature; the streambed in the northern half of the northern phase; herbaceous wetlands; and the tamarisk scrub in the northwestern corner associated with an off-site riparian feature. Additionally, there is a potential for vernal pool habitat within the mapped herbaceous wetland and disturbed wetland communities. The MSHCP Riparian/Riverine Areas and Vernal Pool evaluation was conducted at a programmatic level, and project-level evaluations would be required to determine the limits, as outlined in mitigation measure BIO-5. MSHCP Riverine/Riverine Areas are equivalent to CDFW jurisdiction.
Since the northern phase proposes impacts to Riparian/Riverine Areas, the project is required to prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP), which provides a detailed account of the impacts and proposed mitigation to compensate for impacts. Mitigation for permanent impacts to the Riparian/Riverine Areas would be met by implementing required mitigation for impacts to CDFW jurisdiction. Mitigation would include off-site enhancement, restoration, and/or creation at a ratio of no less than 2:1, as required by Measure BIO-5. With the implementation of Measure BIO-5, the project would not result in significant impacts to MSHCP Riparian/Riverine Areas.
The northern phase supports potentially suitable habitat for Riparian/Riverine or Vernal Pool plant species. The southern phase does not support suitable habitat for 10 of the 12 Riparian/Riverine or Vernal Pool animal species. The northern portion of the northern phase supports depressional areas that may potentially be suitable habitat for Riverside fairy shrimp. Prior to the commencement of ground-disturbing activities (i.e., earthwork, clearing, and/or grubbing) in the northern phase, dry season and wet season surveys will be completed by a permitted biologist following the current USFWS survey protocol for large brachiopods (USFWS 2015). If listed fairy shrimp are detected during the wet season surveys, a DBESP must be prepared to ensure that the proposed alternative provides for the replacement of any lost functions and values of habitat. Compensatory mitigation for impacts to occupied habitat would be required, as outlined in mitigation measure BIO-4.
The drainage in the northern phase also supports suitable habitat for least Bell’s vireo. Based on conceptual plans for the northern phase, the project would not permanently or temporarily impact suitable least Bell’s vireo habitat (southern willow scrub). However, project construction could have indirect impacts to least Bell’s vireo if present within the drainage. Indirect impacts to this species during the nesting season (March 1 through August 31) would be a significant impact. Prior to the construction of the northern phase, a least Bell’s vireo protocol survey is required pursuant to mitigation measure BIO-8. Mitigation measure BIO-8 also includes additional measures that would be required if least Bell’s vireo surveys are positive. Therefore, impacts would be reduced to a less than significant level with mitigation.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 68
Menifee Mayor and City Council April 6, 2022
Evans Park Project
35 Narrow Endemic Plant Species (MSHCP Section 6.1.3)
The project site is not located within a NEPSSA; therefore, no focused surveys were required, and the proposed project is consistent with Section 6.1.3 of the MSHCP. No mitigation is required.
Urban/Wildland Interface Guidelines (MSHCP Section 6.1.4) Proposed developments adjacent to MSHCP Conservation Areas may create edge effects that can impact conserved biological resources. The MSHCP provides several guidelines that address potential indirect effects from proposed developments that are in proximity to MSHCP Conservation Areas. These guidelines include measures addressing the quantity and quality of runoff generated by the development (i.e., drainage and toxics), night lighting, noise, non-native invasive plant species, barriers to humans and animal predators, and grading/land development encroachment.
The project site does not occur adjacent to land targeted for conservation or existing MSHCP Conservation Areas. The nearest MSHCP Conservation Area is Proposed Linkage 8, which is approximately 2.5 miles to the south of the project site. Since the project site is not within or adjacent to MSHCP Conservation areas, many of the MSHCP Urban/Wildland Interface Guidelines are not required.
As discussed below, the project would comply with applicable guidelines to ensure consistency with MSHCP Section 6.1.4.
Drainage. The southern phase does not support any drainages; however, the northern phase supports one drainage feature. Therefore, the project would incorporate measures to avoid the discharge of untreated surface runoff into downstream waters. Measures would include those required for construction pursuant to the State Water Resources Control Board General Construction Stormwater Permit and those required post-construction pursuant to the National Pollutant Discharge Elimination System and Municipal Storm Drain requirements. The project shall be designed to prevent the release of toxins, chemicals, petroleum products, exotic plant materials, or other elements that might degrade or harm biological resources or ecosystem processes downstream from the project site.
Toxics. Land uses that use chemicals or generate bio-products that are potentially toxic or may adversely affect wildlife species, habitat, or water quality shall incorporate measures to ensure that the application of such chemicals does not result in a discharge into downstream waters. Measures such as those employed to address drainage issues would be implemented by the proposed project to avoid the potential impacts of toxics.
Lighting. The project site does not occur directly adjacent to MSHCP Conservation Areas, which are separated by existing development. Therefore, lighting standards are not applicable.
Noise. The project site does not occur directly adjacent to MSHCP Conservation Areas, which are separated by existing development. Therefore, noise standards are not applicable.
Invasives. The project site does not occur directly adjacent to MSHCP Conservation Areas. Therefore, the project is not required to avoid the use of invasive, non-native plants in accordance with MSHCP Table 6.2.
Barriers. Since the project site is not directly adjacent to the MSHCP Conservation Area, barriers or signage are not necessary.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 69
Menifee Mayor and City Council April 6, 2022
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36 Grading/Land Development. The project site is not adjacent to an existing or proposed MSHCP Conservation Areas. Therefore, manufactured slopes associated with proposed site development would not extend into an MSHCP Conservation Area.
Additional Surveys (MSHCP Section 6.3.2)
The project site is not within a CASSA or an amphibian or mammal survey area. No impacts to CASSA species or sensitive amphibian or mammal species are proposed.
Southern Phase
Focused BUOW surveys were required and completed for the southern phase in accordance with the County’s survey protocol during the 2021 breeding season (County 2006). As discussed under item IV f), no BUOWs or BUOW sign were observed during the focused surveys. As required by BIO-2, a pre-construction survey must be conducted within 30 days of ground-disturbing activities (i.e., earthwork, clearing, and/or grubbing).
Northern Phase
Based on the results of the Step I Habitat Assessment, the northern phase supports suitable BUOW habitat. Prior to the commencement of ground-disturbing activities, Step II Focused Burrow and BUOW surveys will be conducted in accordance with the County’s survey protocol (County 2006; mitigation measure BIO-3). If BUOW is not detected during the Step II surveys, a pre-construction survey must be conducted within 30 days of ground-disturbing activities (i.e., earthwork, clearing, and/or grubbing). If BUOW is detected during the Step II surveys, a DBESP must be prepared to ensure that the proposed alternative provides for the replacement of any lost functions and values of habitat. If BUOW is detected during the pre-construction survey or Step II surveys, avoidance of active nests and/or relocation of BUOW would be required, as outlined in mitigation measure BIO-3. As discussed above, the proposed project is consistent with MSHCP Section 6.3.2.
Fuels Management (MSHCP Section 6.4)
The property is not adjacent to an MSHCP Conservation Area. Therefore, fuel modification impacts would not extend into a conservation area. The project is consistent with MSHCP Section 6.4.
Multiple Species Habitat Conservation Plan and Stephens’ Kangaroo Rat Fees In order for the project to participate in the MSHCP, the project proponent is required to pay an MSHCP LDMF in order to finance the acquisitions of conservation areas to provide habitat for MSHCP covered species. The LDMF must be paid prior to the issuance of a building permit. The applicant shall pay the LDMF as determined by the City. Final fee credits shall be determined through coordination with the City.
The project site is also within the Stephens’ kangaroo rat HCP but is not located within any of the core reserves (Riverside County Habitat Conservation Authority 1996). Therefore, the project is required to pay a Stephens’ kangaroo rat mitigation fee for incidental take authorization under the Stephens’ kangaroo rat HCP. Mitigation measure BIO-9 requires the project proponent to pay the MSHCP LDMF and Stephens’ kangaroo rat HCP fees. Implementation of mitigation measure BIO-9 would reduce impacts to a less than significant level.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 70
Menifee Mayor and City Council April 6, 2022
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37 Mitigation
BIO-8 Least Bell’s Vireo: Due to the presence of suitable habitat for least Bell’s vireo within the northern phase, the following avoidance and minimization measures shall be implemented to avoid potential impacts to the species:
(1) Construction activities (i.e., earthwork, clearing, and grubbing) shall occur outside of the breeding season for least Bell’s vireo (March 15 through August 31). (2) If construction activities (i.e., earthwork, clearing, grubbing, etc.) are proposed within the least Bell’s vireo’s breeding season, focused protocol surveys for least Bell’s vireo shall be conducted prior to commencement of construction activities, within all suitable habitat located on the northern phase, along with a 500-foot buffer where suitable habitat occurs, to determine whether the habitat is occupied. Focused surveys for least Bell’s vireo shall be conducted by a qualified biologist and during the breeding season in accordance with the most recent USFWS guidelines. The results of the focused surveys shall be documented by the qualified biologist and submitted to USFWS and/or CDFW.
If the qualified biologist determines that least Bell’s vireo do not occur within 500 feet of the proposed construction, the activities shall be allowed to proceed without any further requirements. If the qualified biologist determines that the habitat is occupied by least Bell’s vireo, the following avoidance and minimization measures shall be implemented:
(a) No construction activities may occur within 500 feet of an active nest of a least Bell’s vireo. A qualified biologist shall clearly delineate the required avoidance buffer around the active least Bell’s vireo nest. The buffer shall be clearly marked with flags and/or fencing prior to the initiation of construction activities. (b) If construction activities are proposed within 500 feet of an occupied nest, a biological monitor shall be required to observe the behavior of any breeding least Bell’s vireo. The construction supervisor shall be notified if the construction activities appear to be altering the birds’ normal breeding behavior. No construction activities will be allowed within 500 feet of an occupied nest until additional minimization measures have been performed. Such measures may include retaining a qualified acoustician to determine ambient noise levels and project-related noise levels at the edge of the occupied habitat. Noise levels at the edge of the occupied habitat shall not exceed an hourly average of 60 decibels (dB[A]), or a 3 dB(A) increase in noise levels if ambient noise levels exceed 60 dB(A). If project-related noise levels at the edge of the occupied habitat are above 60 dB(A) or the 3 dB(A) increase in noise occurs, additional minimization measures shall be taken to reduce project-related noise levels to an acceptable level as determined by the biological monitor. Measures may include, but are not limited to, limitation on the use of certain equipment, placement of equipment, restrictions on the simultaneous use of equipment, use of noise barriers, or other noise attenuation methods as deemed appropriate by the biologist and acoustician. The USFWS and/or CDFW shall be notified of additional minimization measures taken to reduce noise during construction activities. If the biological monitor determines the construction Item Title: 10.12
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38 activities are posing a potential risk to the nest after implementing the additional minimization measures, the noise generating construction activities shall cease until USFWS and/or CDFW are contacted to discuss alternative methods. The biological monitor shall prepare written documentation of all monitoring activities at the completion of construction activities, which shall be submitted to CDFW/or USFWS. (c) All project personnel shall attend a training program presented by a qualified biologist prior to construction activities. The training program will inform project personnel about the life history of least Bell’s vireo and all avoidance and minimization measures.
(d) The construction contractor shall only allow construction activities to occur during daylight hours, and high noise levels shall generally be limited according to these hours.
(e) The construction contractor shall require functional mufflers on all construction equipment (stationary or mobile) used within or immediately adjacent to any 500-foot avoidance buffers to reduce construction equipment noise. Stationing equipment is situated so that noise generated from the equipment is not directed towards any habitat occupied by least Bell’s vireo.
The construction contractor will place staging areas as far as feasible from any occupied nest by least Bell’s vireo.
BIO-9 Habitat Conservation Plan Fees: The City is subject to the MSHCP LDMF and the Stephens’ kangaroo rat HCP Fee for the southern phase and northern phase, which shall be paid prior to the issuance of any grading permit.
V. Cultural Resources
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred
outside of dedicated cemeteries?
Sources: HELIX 2021c, City 2013a
HELIX Environmental Planning, Inc. prepared a Cultural Resources Survey Report for the project (HELIX 2021c). The study included a cultural resources study including a records search conducted by the staff at the Eastern Information Center (EIC), a Native American Heritage Commission (NAHC) Sacred Lands Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 72
Menifee Mayor and City Council April 6, 2022
Evans Park Project
39 File (SLF) search, a review of historic aerial photographs and maps, and a pedestrian survey was conducted for the project area. The discussion below is based on this cultural report and is attached to this IS/MND as Appendix C.
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? No Impact. The records search for the project site and a one-mile radius identified that there have been 75 cultural resources studies conducted within one mile of the project area, three of which overlap the project area, one of which is adjacent. Of these three, two of the studies that overlap the project area are archaeological assessments, and the third is listed as a cultural resources investigation. The report on the adjacent parcel is an archaeological monitoring report addressing a portion of the project area.
None of these reports identified any cultural resources. The records search indicated five recorded historic resources, consisting of the remains of several structures and two refuse deposits. In addition, a single multicomponent site is documented, consisting of bedrock milling and a trash scatter, and abandoned farm equipment. None of these resources are within or adjacent to the project site.
In addition, historic topographic maps and aerial photographs were reviewed to assess the potential for historic structural resources and historic archaeological resources. The review indicates that the area surrounding the project site remained relatively undeveloped until at least the 1990s, and it does not appear to have been utilized for agricultural uses. In particular, the aerial photographs from 1938, 1967, and 1978 show a creek or stream running northeast-southwest through the project area; no development is shown in any of these photographs within the project area; by 1996, it appears that structures had been built south of Craig Avenue and northwest of the intersection of Craig Avenue and Evans Road; the Palomar Valley High School had also been constructed.
Lastly, a pedestrian survey of the project site was conducted on October 22, 2020, by a HELIX staff archaeologist and a representative from the Pechanga Band of Mission Indians. The project area was walked in transects spaced approximately 10 to 15 feet apart. Visibility in most of the northern phase was poor (10 to 15 percent) due to the existence of dense, chest-high grasses and other vegetation.
During the survey it was noted that two newly constructed, raised dirt pathways are located at the southern end of the northern phase, and a graded road and drainage bisect the area. As noted in the aerial photographs, a creek runs northeast-southwest through the eastern portion of the northern phase. A constructed platform is located in the center of the northern phase provided some greater visibility, with visibility ranging from 20 to 40 percent. Bioturbation was observed within the northern section of the project area.
The southern phase also had poor visibility due to chest- and head-high vegetation, with visibility ranging from approximately zero to 10 percent. A large pond with several boulder outcrops was located in the southeastern corner of the section; these outcrops were examined for grinding activity, though none was observed.
Visible soils within the project area consisted of grey/brown sandy silt and decomposed granite. Modern trash was scattered throughout both sections of the project area, and construction debris was found in the northern section. No cultural or historic resources were observed.
Therefore, based on the lack of recorded resources within the project site, no identifiable historical use or development of the site, and the results of the pedestrian survey, the project would not cause a substantial adverse change in the significance if a historical resource pursuant to CEQA Guidelines §15064.5. No impacts would occur in relation to this issue.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 73
Menifee Mayor and City Council April 6, 2022
Evans Park Project
40 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
Less than Significant with Mitigation Incorporated. As stated above, the records search conducted by the EIC indicated that 75 cultural resources studies have been performed within a one-mile radius of the project site, three of which overlap the site and one that was adjacent. While no historic resources were identified, the EIC has a record of 33 prehistoric resources recorded within the one-mile search radius.
No resources have been previously mapped within or adjacent to the project area. In general, the prehistoric resources within the one-mile records search boundary consist of prehistoric village/ habitation sites and milling stations, as well as two isolates. These sites include features such as a house pit, petroglyphs, cupules, rock walls, and other rock features. In addition, as note in item V a), a single multicomponent site is documented, consisting of bedrock milling and a trash scatter, and abandoned farm equipment.
As discussed above in item V a), at the time of the pedestrian survey the project site was covered by dense vegetation, and much of the ground surface could not be observed, thus, difficult to determine if there are visible archaeological resources. Moreover, the project site is located within alluvial soils, where there is a potential for buried cultural resources. In addition, as part of the Native American Contact Program, the Pechanga Band of Luiseño Indians (Pechanga) identified the project vicinity as culturally sensitive, although the NAHC stated that the search of the SLF returned negative results. Thus, it is concluded that there is the potential for unknown archeological resources at the project site.
Therefore, due to the potential for subsurface cultural resources and the cultural sensitivity identified by Pechanga, it is recommended that an archaeological and Native American monitoring program be implemented for any grading or other ground-disturbing activities, including but not limited to brushing/grubbing, excavation and trenching for utilities. The City’s General Plan Implementation Action OSC-32 states development should include mandatory mitigation measures, in coordination with the Pechanga Band of Luiseno Indians and/or Soboba Band of Luiseno Indians, for any project within previously undisturbed soils in an area determined to be in a culturally or archeologically sensitive area, based on consultation with the project archeologist and the Tribe (City 2013a). Thus, the project would implement mitigation measure CUL-1 below to reduce impacts.
Mitigation Measure
CUL-1 Prior to the issuance of grading permits, the City shall contract with a qualified archaeologist and Native American monitors from a traditionally culturally affiliated tribe to develop and implement an archaeological and Native American monitoring program. The monitoring program shall be implemented for any grading or other ground-disturbing activities, including but not limited to brushing/grubbing, excavation and trenching for utilities. The monitoring program shall include attendance by the archaeologist and Native American monitor at a pre-construction meeting with the grading contractor and the presence of archaeological and Native American monitors during initial ground-disturbing activities for the project. Both archaeological and Native American monitors shall have the authority to temporarily halt or redirect grading and other ground-disturbing activity in the event that cultural resources are encountered. If significant cultural material is encountered, the project archaeologist shall coordinate with the Native American representative and City staff to develop and implement appropriate avoidance, preservation, or mitigation measures.
Item Title: 10.12
Evans Park Design and Construction Project Phase 1
Item Page Number: 74
Menifee Mayor and City Council April 6, 2022