Agenda packet — Menifee City Council, March 20, 2024 (part 3 of 5)

2 0
6 2
than $25,000 or any change order which, when considered with the aggregate amount of all other changes to a contract, exceeds 10% of the original contract cost, shall be approved by the City Council. In this case, Amendment No. 5 to the Axon Agreement will cause the aggregate amount of changes to total $153,791.21, which is more than 10% of the original contract cost, and so City Council approval is required. All other terms of the agreement shall remain the same.

The prices offered in Amendment No. 5 are a result of a competitive bid process completed by another government agency. The vendor selected through that competitive process was awarded a main contract from which other agencies, including Menifee, can “piggyback” or obtain the same pricing/options without having to conduct a separate bid process of their own. This procedure is specifically authorized by Menifee Municipal Code Section 3.12.070(6) and is advantageous to the City because it provides a competitive prices without the time and administrative costs of a separate bid process.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The current fiscal impact for this item is $6,641.34. Funding for the proposed agreement is available within the Fiscal Years 2023/2024 and 2024/2025 budget, under the following account:

Table 1: Funding Availability
Account Fiscal Year Total
100-4911-52800 2023/2024 $1,370.48
100-4911-52800 2024/2025 $5,270.86
TOTAL $6,641.34
No additional budget appropriation action(s) is required.

ATTACHMENTS

1. Axon Amendment No. 5 and Quote

2. Amendment No. 4- Axon License Bundles

3. Amendment No. 3- Axon Spare BWC

4. Amendment No. 2- Axon BWC FY21/22 New Staff

5. Amendment No. 1- Axon BWC CSO

6. Original Agreement- Axon BWC
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 2

Menifee Mayor and City Council
March 20, 2024
Page
340 of 1058

Fifth Amendment to Master Services
and Purchasing Agreement

Page 1 of 2 ends

This Fifth Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and City of Menifee on behalf of Menifee Police Department (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.

Axon and Agency are Parties to a Master Services and Purchasing Agreement with an effective date of December 27, 2019, as amended by that certain Amendment No. 1 entered into on August 6, 2020, as modified by that certain Phase 2 update to the Agreement executed on February 22,2021, as amended by that certain Amendment No. 2 entered into October 20, 2021, as amended by that certain Amendment No. 3 entered into on August 8, 2022, as amended by that certain Amendment No. 4 entered into on July 27, 2023. (“Agreement”).

The Parties wish to incorporate further changes into the Agreement regarding the attached Quote Q- 547218-45321.802DG (“Attachment A”).

The Parties therefore agree as follows:

1. Attachment A is hereby incorporated into the Agreement, including the pricing and the applicable terms and conditions.

2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.

AXON: AGENCY:

Axon Enterprise, Inc. City of Menifee

Signature:

Name:

Title:

Date:

DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Robert E. Driscoll, Jr.

Deputy General Counsel
2/9/2024 | 2:01 PM MST
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 3

Menifee Mayor and City Council
March 20, 2024
Page
341 of 1058

Fifth Amendment to Master Services
and Purchasing Agreement

Page 2 of 2 ends

Attachment A
See Next Page

DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 4

Menifee Mayor and City Council
March 20, 2024
Page
342 of 1058

Page 1 ends

Q-547218-45321.802DG
Issued: 01/30/2024
Quote Expiration: 02/29/2024
Estimated Contract Start Date: 05/01/2024
Account Number: 508779
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Menifee Police Dept.
29714 Haun Rd
Menifee,
CA
92586-6540
USA

Menifee Police Dept. - CA
29844 Haun Rd
Menifee
CA
92586-6539
USA
Email:

David Gollobit
Phone: +1 6023212774
Email: [email protected]
Fax:

Christopher Carrino
Phone: (909) 334-3005
Email: [email protected]
Fax:

Quote Summary Discount Summary
Program Length 15 Months Average Savings Per Year $13,953.60 TOTAL COST $6,120.00
ESTIMATED TOTAL W/ TAX $6,641.34 TOTAL SAVINGS $17,442.00

Payment Summary
Date Subtotal Tax Total
Apr 2024 $1,262.86 $107.62 $1,370.48
Feb 2025 $4,857.14 $413.72 $5,270.86
Total $6,120.00 $521.34 $6,641.34
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 5

Menifee Mayor and City Council
March 20, 2024
Page
343 of 1058

Page 2 ends

Quote Unbundled Price: $23,562.00
Quote List Price: $6,120.00
Quote Subtotal: $6,120.00
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 1 15 $51.00 $51.00 $765.00 $66.94 $831.94 C00008 BUNDLE - TASER 7 CERTIFICATION 5 15 $303.96 $71.40 $71.40 $5,355.00 $454.40 $5,809.40 Total $6,120.00 $521.34 $6,641.34
DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 6

Menifee Mayor and City Council
March 20, 2024
Page
344 of 1058

Page 3 ends

Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
BUNDLE - TASER 7 CERTIFICATION 20008 AXON TASER 7 - HANDLE - HIGH VIS GRN LASER CLASS 3R YLW 5 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 6 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 20050 AXON TASER - HOOK-AND-LOOP TRAINING (HALT) SUIT 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 20160 AXON TASER 7 - HOLSTER - SAFARILAND RH+CART CARRIER 5 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 15 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 15 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 10 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22177 AXON TASER 7 - CARTRIDGE - HALT STANDOFF NS 10 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22178 AXON TASER 7 - CARTRIDGE - HALT CLOSE QUART NS 10 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22179 AXON TASER 7 - CARTRIDGE - INERT STANDOFF (3.5-DEGREE) NS 5 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22181 AXON TASER 7 - CARTRIDGE - INERT CLOSE QUART (12-DEGREE) NS 5 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 1 04/01/2024 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22175 AXON TASER 7 - CARTRIDGE - LIVE STANDOFF (3.5-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22176 AXON TASER 7 - CARTRIDGE - LIVE CLOSE QUART (12-DEGREE) NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22177 AXON TASER 7 - CARTRIDGE - HALT STANDOFF NS 10 04/01/2025 BUNDLE - TASER 7 CERTIFICATION 22178 AXON TASER 7 - CARTRIDGE - HALT CLOSE QUART NS 10 04/01/2025 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 5 05/01/2024 07/31/2025 BUNDLE - TASER 7 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 1 05/01/2024 07/31/2025 Services
Bundle Item Description QTY
BUNDLE - TASER 7 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 BUNDLE - TASER 7 CERTIFICATION 20246 AXON TASER 7 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 5 Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 7 CERTIFICATION 80374 AXON TASER 7 - EXT WARRANTY - BATTERY PACK 6 04/01/2025 07/31/2025 DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 7

Menifee Mayor and City Council
March 20, 2024
Page
345 of 1058

Page 4 ends

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 7 CERTIFICATION 80395 AXON TASER 7 - EXT WARRANTY - HANDLE 5 04/01/2025 07/31/2025 BUNDLE - TASER 7 CERTIFICATION 80396 AXON TASER 7 - EXT WARRANTY - DOCK SIX BAY 1 04/01/2025 07/31/2025 DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 8

Menifee Mayor and City Council
March 20, 2024
Page
346 of 1058

Page 5 ends

Payment Details
Apr 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 1 $157.86 $13.81 $171.67 Year 1 C00008 BUNDLE - TASER 7 CERTIFICATION 5 $1,105.00 $93.81 $1,198.81 Total $1,262.86 $107.62 $1,370.48
Feb 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 20245 TRUE UP - TASER 7 CERTIFICATION PLAN TRUE UP 1 $607.14 $53.13 $660.27 Year 2 C00008 BUNDLE - TASER 7 CERTIFICATION 5 $4,250.00 $360.59 $4,610.59 Total $4,857.14 $413.72 $5,270.86

DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 9

Menifee Mayor and City Council
March 20, 2024
Page
347 of 1058

Page 6 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 10

Menifee Mayor and City Council
March 20, 2024
Page
348 of 1058

Page 7 ends

\s1\ \d1\
Signature Date Signed
1/30/2024

DocuSign Envelope ID: ECDCEF6F-A882-4564-B31A-01124980C4B9 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 11

Menifee Mayor and City Council
March 20, 2024
Page
349 of 1058

Fourth Amendment to Master Services
and Purchasing Agreement
This Fourth Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and City of Menifee on behalf of Menifee Police Department (collectively “Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.

Axon and Agency are parties to a Master Services and Purchasing Agreement with an effective date of December 27, 2019, as amended by that certain Amendment No. 1 entered into on August 6, 2020, as modified by that certain Phase 2 update to the Agreement executed on February 22,2021, as amended by that certain Amendment No. 2 entered into October 20, 2021, as amended by that certain Amendment No. 3 entered into on August 8, 2022.” (“Agreement”).

The Parties wish to incorporate further changes into the Agreement regarding the attached Quote Q-434813-45019.713KP (“Attachment A”).

The Parties therefore agree as follows:

1. Attachment A is hereby incorporated into the Agreement, including the pricing and the applicable terms and conditions.

2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this A
mendment as of the date of signature.

AXON:

Axon Enterprise, Inc.

Signature:

Name:

Title:

Date:

AGENCY:

City of Menifee
Signature: _______________
Name:

Title:

Date:

Attest:
_____________________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
______________________________________
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 Bobby Driscoll
VP, Associate General Counsel
7/17/2023
DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Armando G. Villa
7-27-23
City Manager
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 12

Menifee Mayor and City Council
March 20, 2024
Page
350 of 1058

Attachment A
Axon Quote
(See Next Page)
DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 13

Menifee Mayor and City Council
March 20, 2024
Page
351 of 1058

Page 1 ends

Q-434813-45019.713KP
Issued: 04/03/2023
Quote Expiration: 04/30/2023
Estimated Contract Start Date: 05/01/2023
Account Number: 508779
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Menifee Police Dept.-29714 Haun Rd Menifee Police Dept. - CA Kyle Panasewicz RAUL PEREZ 29714 Haun Rd 29844 Haun Rd Phone: +1 4803294734 Phone: (916) 214-1481 Menifee, CA 92586-6540 Menifee, CA 92586-6539 Email: [email protected] Email: [email protected] USA USA Fax: (480) 905-2071 Fax:

Email:

Quote Summary Discount Summary
Program Length 27 Months Average Savings Per Year ($94.80) TOTAL COST $5,478.30
ESTIMATED TOTAL W/ TAX $5,478.30 TOTAL SAVINGS ($213.30)

Payment Summary
Date Subtotal Tax Total
May 2023 $2,739.15 $0.00 $2,739.15
Jul 2024 $2,739.15 $0.00 $2,739.15
Total $5,478.30 $0.00 $5,478.30
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 14

Menifee Mayor and City Council
March 20, 2024
Page
352 of 1058

Page 2 ends

Quote Unbundled Price: $5,265.00
Quote List Price: $5,265.00
Quote Subtotal: $5,478.30
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total A la Carte Software
ProLicense Pro License Bundle 5 27 $39.00 $40.58 $5,478.30 $0.00 $5,478.30 Total $5,478.30 $0.00 $5,478.30
DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 15

Menifee Mayor and City Council
March 20, 2024
Page
353 of 1058

Page 3 ends

Delivery Schedule
Software
Bundle Item Description QTY Estimated Start Date Estimated End Date Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 05/01/2023 07/31/2025 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 5 05/01/2023 07/31/2025 DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 16

Menifee Mayor and City Council
March 20, 2024
Page
354 of 1058

Page 4 ends

Payment Details
May 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 ProLicense Pro License Bundle 5 $2,739.15 $0.00 $2,739.15 Total $2,739.15 $0.00 $2,739.15
Jul 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 ProLicense Pro License Bundle 5 $2,739.15 $0.00 $2,739.15 Total $2,739.15 $0.00 $2,739.15

DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 17

Menifee Mayor and City Council
March 20, 2024
Page
355 of 1058

Page 5 ends

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

ACEIP:

Acceptance of Terms:

Menifee Mayor and City Council
March 20, 2024
Page
356 of 1058

Page 6 ends

\s1\ \d1\
Signature Date Signed
4/3/2023
DocuSign Envelope ID: A45D86B2-44B2-40F2-A37C-6A8DBD97DB41 DocuSign Envelope ID: 6B0B1A89-5EAF-412B-9982-5955838BB0B4 7-27-23
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 19

Menifee Mayor and City Council
March 20, 2024
Page
357 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Third Amendment to Master Services
and Purchasing Agreement

Page 1 of 2 ends

This Third Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and Manifee PD (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.

Axon and Agency are parties to a Master Services and Purchasing Agreement (originated from signed Quote Q-287667-44244.590KP) with an effective date of February 22, 2021 (“Agreement”).

The Parties wish to incorporate further changes into the Agreement regarding the attached Quote Q - 378932-44634.850KP (“Attachment A”).

The Parties therefore agree as follows:

1. Attachment A is hereby incorporated into the Agreement, including the pricing and the applicable terms and conditions.

2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.

Axon Enterprise, Inc. Agency

Signature: Signature:

Name: Bobby Driscoll Name: Armando G. Villa

Title: Vice President Title: City Manager

Date:

8/5/2022

Date:

Attest:

Stephanie Roseen, Acting City Clerk

Approved as to Form:

Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A 8/8/2022
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 20

Menifee Mayor and City Council
March 20, 2024
Page
358 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Third Amendment to Master Services
and Purchasing Agreement

Page 2 of 2 ends

Attachment A

See next page
DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 21

Menifee Mayor and City Council
March 20, 2024
Page
359 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 1

Program Length 38 M onths
TOTAL COST $7,221.00
ESTIMATED TOTAL W/ TAX $7,852.84

Average Savings Per Year $485.88
TOTAL SAVINGS $1,538.61

Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
Q-378932-44634.850KP

Account Number: 508779
Payment Terms: N30
Delivery Method: Fedex - Ground

Quote Summary Discount Summary

Payment Summary

Date Subtotal Tax Total
May 2022 $1,805.25 $157.95 $1,963.20
Jun 2022 $1,805.25 $157.95 $1,963.20
Jun 2023 $1,805.25 $157.95 $1,963.20
Jun 2024 $1,805.25 $157.99 $1,963.24
Total $7,221.00 $631.84 $7,852.84

SALES REPRESENTATIVE PRIMARY CONTACT
Kyle Panasewicz Paul Barbieri
Phone: +1 4803294734 Phone: (951) 746-8314
Email: [email protected] Email: [email protected] Fax: (480) 905-2071 Fax:

SHIP TO BILL TO
29714 Haun Rd Menifee Police Dept. - CA
29714 Haun Rd 29844 Haun Rd
Menifee, CA 92586-6540 Menifee, CA 92586-6539

USA USA
Email:

Quote Expiration: 05/31/2022
Estimated Contract Start Date: 06/01/2022
Issued: 03/14/2022
DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 22

Menifee Mayor and City Council
March 20, 2024
Page
360 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 2

Quote Unbundled Price: $8,760.03
Quote List Price: $7,221.00
Quote Subtotal: $7,221.00
Pricing

All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
BWCamTAP Body Worn Camera TAP Bundle 3 61 $36.41 $28.00 $28.00 $5,124.00 $448.35 $5,572.35 A la Carte Hardware
AB3C AB3 Camera Bundle 3 $699.00 $699.00 $2,097.00 $183.49 $2,280.49 Total $7,221.00 $631.84 $7,852.84
DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 23

Menifee Mayor and City Council
March 20, 2024
Page
361 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 3

Delivery Schedule

Hardware
Bundle Item Description QTY Estimated Delivery Date
AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 4 05/01/2022 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 3 05/01/2022 AB3 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 4 05/01/2022 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 3 11/01/2024 Body Worn Camera TAP Bundle 73310 AXON CAMERA REFRESH TWO 3 05/01/2027

Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP) 3 07/01/2020 07/31/2025 DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 24

Menifee Mayor and City Council
March 20, 2024
Page
362 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 4

Payment Details

May 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 AB3C AB3 Camera Bundle 3 $524.25 $45.87 $570.12
Year 1 BWCamTAP Body Worn Camera TAP Bundle 3 $1,281.00 $112.08 $1,393.08 Total $1,805.25 $157.95 $1,963.20

Jun 2022
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 AB3C AB3 Camera Bundle 3 $524.25 $45.87 $570.12
Year 2 BWCamTAP Body Worn Camera TAP Bundle 3 $1,281.00 $112.08 $1,393.08 Total $1,805.25 $157.95 $1,963.20

Jun 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 AB3C AB3 Camera Bundle 3 $524.25 $45.87 $570.12
Year 3 BWCamTAP Body Worn Camera TAP Bundle 3 $1,281.00 $112.08 $1,393.08 Total $1,805.25 $157.95 $1,963.20

Jun 2024
Invoice Plan Item Description Qty Subtotal Tax Total
aDX4y000000TQNp AB3C AB3 Camera Bundle 3 $524.25 $45.87 $570.12 aDX4y000000TQNp BWCamTAP Body Worn Camera TAP Bundle 3 $1,281.00 $112.12 $1,393.12 Total $1,805.25 $157.99 $1,963.24
DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 25

Menifee Mayor and City Council
March 20, 2024
Page
363 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 5

Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions

Axon Enterprise Inc. Sales Terms and Conditions

Axon Master Services and Purchasing Agreement:

ACEIP:

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality , or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 26

Menifee Mayor and City Council
March 20, 2024
Page
364 of 1058

DocuSign Envelope ID: 1C73007C-B4EA-475B-97E6-AE5329CAA882 Q-378932-44634.850KP Page 6

Signature Date Signed

3/14/2022

DocuSign Envelope ID: 1C004941-BC70-43A5-A9D6-6D8FF7DA389A 8/8/2022
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 27

Menifee Mayor and City Council
March 20, 2024
Page
365 of 1058

Second Amendment to Master
Services and Purchasing Agreement

Page 1 of 2 ends

This Second Amendment (“ Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“Axon”), and Menifee Police Department (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.

Axon and Agency are parties to a Master Services and Purchasing Agreement (originated from signed Quote Q-287667-44244.590KP) with an effective date of February 22, 2021 (“Agreement”).

The Parties wish to incorporate further changes into the Agreement regarding the attached Quote Q- 335502-44456.681 KP (“Attachment A”).

The Parties therefore agree as follows:

1. Attachment A is hereby incorporated into the Agreement , including the pricing and the applicable terms and conditions.

2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.

Axon Enterprise, Inc. City of Menifee

Signature:

Name:

Title:

Date:

DocuSign Envelope ID: 1CF7DA01-C70F-4342-834C-503D6F14CB83 VP, Associate General Counsel
10/7/2021
Bobby Driscoll
DocuSign Envelope ID: B1885269-FA06-47AF-A190-810020660A21 Armando G. Villa
City Manager
October 20, 2021
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 28

Menifee Mayor and City Council
March 20, 2024
Page
366 of 1058

Second Amendment to Master
Services and Purchasing Agreement

Page 2 of 2 ends

Attachment A

DocuSign Envelope ID: 1CF7DA01-C70F-4342-834C-503D6F14CB83 DocuSign Envelope ID: B1885269-FA06-47AF-A190-810020660A21 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 29

Menifee Mayor and City Council
March 20, 2024
Page
367 of 1058

Axon Enterprise, lr1,c.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

SHIP TO BILL TO
29714 Haun Rd
29714 Haun Rd
Menifee, CA 92586-6540
USA

PAYMENT PLAN

PLAN NAME
Year 1 Upfront
Year 1
Year 2
Year3
Year 4
1 Menifee Police Dept. . CA
29844 Haun Rd
Menifee, CA 92586-6539
USA
Email:
$79,622.98
$83,411.88

INVOICE DATE
Oct, 2021
Oct, 2021
Jul, 2022
Jul, 2023
Jul, 2024
..

Q-335502-44456.681 KP
Issued 09/17/2021
Quote Expiration: 10/15/2021
EST Contract Start Date 11/01/2021
Account Number 508779
Paymen!Terms: N30
Delivery Method: Fedex • Ground

SALES REPRESENTATIVE PRIMARY CONTACT
Bundle Savings
Kyle Panasewicz
Phone: +1 4803294734
Email: [email protected]
Fax: (480) 905-2071
Additional Savings

TOT AL SAVINGS

TAX AMOUNT
$2,306.07
$370.71
$370.71
$370.71
$370.71
Phone: (951) 746-8314
Email: [email protected]
Fax:
$42,211.57
$2,756.25
$44,967.82

AMOUNT DUE
$29,815.96
$13,398.98
$13,398.98
$13,398.98
$13,398.98
Q-335502-44456.681KP
DocuSign Envelope ID: 1CF7DA01-C70F-4342-834C-503D6F14CB83 DocuSign Envelope ID: B1885269-FA06-47AF-A190-810020660A21 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 30

Menifee Mayor and City Council
March 20, 2024
Page
368 of 1058

Menifee Mayor and City Council
March 20, 2024
Page
369 of 1058

Menifee Mayor and City Council
March 20, 2024
Page
370 of 1058

Menifee Mayor and City Council
March 20, 2024
Page
371 of 1058

Menifee Mayor and City Council
March 20, 2024
Page
372 of 1058

Signature Date Signed
9/17/2021
6 Q-335502-44456.681 KP
City of Menifee
DocuSign Envelope ID: 1CF7DA01-C70F-4342-834C-503D6F14CB83 DocuSign Envelope ID: B1885269-FA06-47AF-A190-810020660A21 October 20, 2021
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 35

Menifee Mayor and City Council
March 20, 2024
Page
373 of 1058

First Amendment to Master Services and Purchasing Agreement

Page 1 of 1 ends

This First Amendment (“Amendment”) is between Axon Enterprise, Inc., a Delaware corporation (“ Axon”), and Menifee Police Department (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “Parties”.

Axon and Agency are parties to a Master Services and Purchasing Agreement with an effective date of December 27, 2020 (“Agreement”).

The Parties wish to incorporate further changes into the Agreement and to the Quote, as defined in the Agreement.

The Parties therefore agree as follows:

1. All references in the Agreement to the Menifee Police Department are hereby replaced with the City of Menifee.

2. Sect
ion 1 of the Agreement is hereby deleted in its entirety and replaced with the following:

This Agreement begins on the Effective Date and continues for 5 years (“Term”). Agency may renew this Agreement for an additional 5 years upon execution of a new quote. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Sect
ion 7.4.2 of the Agreement is hereby deleted in its entirety and replaced with the following:

Axon’s cumulative liability to any Party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed $1,000,000. Neither Party will be liable for direct, special, indirect, incidental, punitive , or consequentia l damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory

4. Quo
te is hereby redefined to include Quotes #Q-240779 and #Q-241664 (the “Original Quotes”), and Quote #Q-256296 (the “New Quote”).

5. All o
ther terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.

Axon Enterprise, Inc.

Signature:

Name:

Title:

Date:

Agency
Signature:

Name:

Title:

Date:

DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 Robert Driscoll, VP, Associate General Counsel
7/22/2020
VP, Associate General Counsel
Approved As to Form:
_____________________________________
Jeffrey T. Melching, City Attorney
Attest:
____________________________________________
Sarah A. Manwaring, City Clerk
DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 8/6/2020
City Manager
Armando G. Villa
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 36

Menifee Mayor and City Council
March 20, 2024
Page
374 of 1058

Payment Terms: Net 30
Delivery Method: Fedex - Ground
Contract Number: 00025429
Q-256296-43983.808KP
Year 1
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
73746 PROFESSIONAL EVIDENCE.COM LICENSE 59 6 0.00 0.00 0.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 59 6 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 59 24 0.00 0.00 0.00 73680 AWARE PLUS LICENSE 11 6 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 11 6 0.00 0.00 0.00
Hardware
73202 AXON BODY 3 - NA10 6 699.00 524.25 3,145.50
74210 AXON BODY 3 - 8 BAY DOCK 1 1,495.00 1,121.25 1,121.25 70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 43.90 43.90 43.90
74028 WING CLIP MOUNT, AXON RAPIDLOCK 11 0.00 0.00 0.00 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 6 0.00 0.00 0.00 Other
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 11 6 979.00 979.00 5,874.00
73843 UNLIMITED EVIDENCE.COM TAP BUNDLE
TRUE UP PAYMENT YEAR 1 2 6 71.70 71.70 430.20
73827 AB3 CAMERA TAP WARRANTY 59 6 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 59 1 0.00 0.00 0.00
Issued: 06/01/2020
Quote Expiration: 07/01/2020
Account Number: 508779
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Protect Life.

PRIMARY CONTACT
Dave Gutierrez
Phone: (951) 723-1520
Email: [email protected]

BILL TO
Menifee Police Dept. - CA
29714 Haun Rd.

Menifee, CA 92586
US

SHIP TO
Dave Gutierrez
Menifee Police Dept. - CA
29844 Haun Rd.

Menifee, CA 92586
US

SALES REPRESENTATIVE
Kyle Panasewicz
Phone: (480) 905-2071
Email: [email protected]
Fax: (480) 658-0673
Q-256296-43983.808KP
1 DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 37

Menifee Mayor and City Council
March 20, 2024
Page
375 of 1058

Year 1 (Continued)
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Other (Continued)
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 1 0.00 0.00 0.00
73666 AWARE PLUS PAYMENT 11 6 275.00 275.00 1,650.00
73835 AUTO TAGGING LICENSE PAYMENT 11 6 165.00 165.00 990.00 Subtotal 13,254.85
Estimated
Shipping 0.00
Estimated Tax 0.00
Total 13,254.85
Year 2
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Other
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 6 1,068.00 1,068.00 6,408.00
73835 AUTO TAGGING LICENSE PAYMENT 12 6 180.00 180.00 1,080.00 73666 AWARE PLUS PAYMENT 12 6 300.00 300.00 1,800.00
Subtotal 9,288.00
Estimated Tax 0.00
Total 9,288.00
Year 3
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Other
73309 AXON BODY CAMERA REFRESH ONE 6 0.00 0.00 0.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 6 1,068.00 1,068.00 6,408.00
73689 MULTI-BAY BWC DOCK MID REFRESH 1 0.00 0.00 0.00
73835 AUTO TAGGING LICENSE PAYMENT 12 6 180.00 180.00 1,080.00 73666 AWARE PLUS PAYMENT 12 6 300.00 300.00 1,800.00
Subtotal 9,288.00
Estimated Tax 0.00
Total 9,288.00
Protect Life.Q-256296-43983.808KP
2 DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 38

Menifee Mayor and City Council
March 20, 2024
Page
376 of 1058

Year 4
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Other
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 6 1,068.00 1,068.00 6,408.00
73835 AUTO TAGGING LICENSE PAYMENT 12 6 180.00 180.00 1,080.00 73666 AWARE PLUS PAYMENT 12 6 300.00 300.00 1,800.00
Subtotal 9,288.00
Estimated Tax 0.00
Total 9,288.00
Year 5
Item Description Term
(Months) Quantity List Unit
Price Net Unit Price Total (USD)
Other
73310 AXON BODY CAMERA REFRESH TWO 6 0.00 0.00 0.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 6 1,068.00 1,068.00 6,408.00
73688 MULTI-BAY BWC DOCK FINAL REFRESH 1 0.00 0.00 0.00 73835 AUTO TAGGING LICENSE PAYMENT 12 6 180.00 180.00 1,080.00 73666 AWARE PLUS PAYMENT 12 6 300.00 300.00 1,800.00
Subtotal 9,288.00
Estimated Tax 0.00
Total 9,288.00
Grand Total 50,406.85
Protect Life.Q-256296-43983.808KP
3 DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 39

Menifee Mayor and City Council
March 20, 2024
Page
377 of 1058

Summary of Payments
Payment Amount (USD)
Year 1 13,254.85
Year 2 9,288.00
Year 3 9,288.00
Year 4 9,288.00
Year 5 9,288.00
Grand Total 50,406.85
Discounts (USD)
Quote Expiration: 07/01/2020
List Amount 51,829.10
Discounts 1,422.25
Total 50,406.85
*Total excludes applicable taxes
Protect Life.Q-256296-43983.808KP
4 DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 40

Menifee Mayor and City Council
March 20, 2024
Page
378 of 1058

Notes
This quote is co-termed with quote Q-240779 (executed contract #00025429). Year one has been pro -rated to 10.5 months to align w ith agency annual billing dates. This has been done according to an anticipated ship date range of 7/1/2020 -7/15/2020. The end date of these subscriptions is subject to c hange if the ship/start date changes.

Axon Body 3 and 8 Bay dock contained in this quote will be covered under the Technology Assurance Plan (TAP) and will be elig ible for 2 replacements according the contract refresh dates.

Tax is subject to change at order processing with valid exemption.

Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

Signature: CustSIG Date: CustDate
Name (Print): CustName Title: CustTitle
PO# (Or write
N/A): CustPo
Please sign and email to Kyle Panasewicz at [email protected] or fax to (480) 658-0673 Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com The trademarks referenced above are the property of their respective owners.

Protect Life.Q-256296-43983.808KP
5 ***Axon Internal Use Only***
Review 1 Review 2
SFDC Contract #:

Order Type:

RMA #:

Address Used:

SO #:

Comments:

DocuSign Envelope ID: 5775F21C-0ED7-4152-AA13-06FB4A1AF912 DocuSign Envelope ID: 019D9552-669C-4C1D-A156-617B0854EDC8 City ManagerArmando G. Villa
8/6/2020
Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 41

Menifee Mayor and City Council
March 20, 2024
Page
379 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 42

Menifee Mayor and City Council
March 20, 2024
Page
380 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 43

Menifee Mayor and City Council
March 20, 2024
Page
381 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 44

Menifee Mayor and City Council
March 20, 2024
Page
382 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 45

Menifee Mayor and City Council
March 20, 2024
Page
383 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 46

Menifee Mayor and City Council
March 20, 2024
Page
384 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 47

Menifee Mayor and City Council
March 20, 2024
Page
385 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 48

Menifee Mayor and City Council
March 20, 2024
Page
386 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 49

Menifee Mayor and City Council
March 20, 2024
Page
387 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 50

Menifee Mayor and City Council
March 20, 2024
Page
388 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 51

Menifee Mayor and City Council
March 20, 2024
Page
389 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 52

Menifee Mayor and City Council
March 20, 2024
Page
390 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 53

Menifee Mayor and City Council
March 20, 2024
Page
391 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 54

Menifee Mayor and City Council
March 20, 2024
Page
392 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 55

Menifee Mayor and City Council
March 20, 2024
Page
393 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 56

Menifee Mayor and City Council
March 20, 2024
Page
394 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 57

Menifee Mayor and City Council
March 20, 2024
Page
395 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 58

Menifee Mayor and City Council
March 20, 2024
Page
396 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 59

Menifee Mayor and City Council
March 20, 2024
Page
397 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 60

Menifee Mayor and City Council
March 20, 2024
Page
398 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 61

Menifee Mayor and City Council
March 20, 2024
Page
399 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 62

Menifee Mayor and City Council
March 20, 2024
Page
400 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 63

Menifee Mayor and City Council
March 20, 2024
Page
401 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 64

Menifee Mayor and City Council
March 20, 2024
Page
402 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 65

Menifee Mayor and City Council
March 20, 2024
Page
403 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 66

Menifee Mayor and City Council
March 20, 2024
Page
404 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 67

Menifee Mayor and City Council
March 20, 2024
Page
405 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 68

Menifee Mayor and City Council
March 20, 2024
Page
406 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 69

Menifee Mayor and City Council
March 20, 2024
Page
407 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 70

Menifee Mayor and City Council
March 20, 2024
Page
408 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 71

Menifee Mayor and City Council
March 20, 2024
Page
409 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 72

Menifee Mayor and City Council
March 20, 2024
Page
410 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 73

Menifee Mayor and City Council
March 20, 2024
Page
411 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 74

Menifee Mayor and City Council
March 20, 2024
Page
412 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 75

Menifee Mayor and City Council
March 20, 2024
Page
413 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 76

Menifee Mayor and City Council
March 20, 2024
Page
414 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 77

Menifee Mayor and City Council
March 20, 2024
Page
415 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 78

Menifee Mayor and City Council
March 20, 2024
Page
416 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 79

Menifee Mayor and City Council
March 20, 2024
Page
417 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 80

Menifee Mayor and City Council
March 20, 2024
Page
418 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 81

Menifee Mayor and City Council
March 20, 2024
Page
419 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 82

Menifee Mayor and City Council
March 20, 2024
Page
420 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 83

Menifee Mayor and City Council
March 20, 2024
Page
421 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 84

Menifee Mayor and City Council
March 20, 2024
Page
422 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 85

Menifee Mayor and City Council
March 20, 2024
Page
423 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 86

Menifee Mayor and City Council
March 20, 2024
Page
424 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 87

Menifee Mayor and City Council
March 20, 2024
Page
425 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 88

Menifee Mayor and City Council
March 20, 2024
Page
426 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 89

Menifee Mayor and City Council
March 20, 2024
Page
427 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 90

Menifee Mayor and City Council
March 20, 2024
Page
428 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 91

Menifee Mayor and City Council
March 20, 2024
Page
429 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 92

Menifee Mayor and City Council
March 20, 2024
Page
430 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 93

Menifee Mayor and City Council
March 20, 2024
Page
431 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 94

Menifee Mayor and City Council
March 20, 2024
Page
432 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 95

Menifee Mayor and City Council
March 20, 2024
Page
433 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 96

Menifee Mayor and City Council
March 20, 2024
Page
434 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 97

Menifee Mayor and City Council
March 20, 2024
Page
435 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 98

Menifee Mayor and City Council
March 20, 2024
Page
436 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 99

Menifee Mayor and City Council
March 20, 2024
Page
437 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 100

Menifee Mayor and City Council
March 20, 2024
Page
438 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 101

Menifee Mayor and City Council
March 20, 2024
Page
439 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 102

Menifee Mayor and City Council
March 20, 2024
Page
440 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 103

Menifee Mayor and City Council
March 20, 2024
Page
441 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 104

Menifee Mayor and City Council
March 20, 2024
Page
442 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 105

Menifee Mayor and City Council
March 20, 2024
Page
443 of 1058

Item Title: 10.10
Agreement Amendment with Axon Enterprise, Inc. for the Purchase of Police Department Tasers Item Page Number: 106

Menifee Mayor and City Council
March 20, 2024
Page
444 of 1058

CITY OF MENIFEE
SUBJECT: Riverside County Flood Control and Water Conservation District Annual Zone 4 Program Funds for the Garbani Road Drainage Improvements Project
MEETING DATE: March 20, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Fiscal Year 2025/2026 Riverside County Flood Control and Water Conservation District (“District”) Annual Zone 4 Program Funds for the Garbani Road Drainage Improvements (“Project”), Capital Improvement Program No. CIP 25-09; and

2. Approve and authorize the City Manager to execute a Funding Agreement with the District for the Project in an amount not-to-exceed $674,000.

DISCUSSION
The Garbani Road Drainage Improvements project, Capital Improvement Program (CIP) No. CIP 25-09 (“Project”), is located approximately 500 feet to the east of the intersection of Murrieta Road and Garbani Road. The Project consists of the design and construction of approximately 200 linear feet of drainage undercrossing Garbani Road. The proposed improvements are necessary to replace the existing Arizona drainage facility adjacent to the Menifee Valley Middle School.

The existing Arizona crossing serves as a roadway most of the year but is designed to allow stormwater to flow over the surface during storm events. The current drainage presents an obstacle for students traveling on the sidewalk located along the south side of Garbani Road during heavy storms as water levels can rise above the height of the sidewalk. The Project would replace the existing Arizona type crossing with an underground culvert system that would be designed to accommodate storm water for 100-year storm events. This would minimize negative impacts to the nearby Menifee Valley Middle School by eliminating the need to close this roadway during future rain events. The Project is identified as a top proposed project in the City’s Master Drainage Plan and aligns with the City’s Strategic Plan Priority of maintaining a safe and vibrant community.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 1

Menifee Mayor and City Council
March 20, 2024
Page
445 of 1058

City of Menifee Staff Report
CIP 25-09 Garbani RCFC Funding Agreement
March 20, 2024

Page 2 of 2 ends

2 0
6 9
The District administers their Zone 4 Five-Year CIP and annually invites agencies within the zone to submit projects that support drainage improvements for funding consideration during the budget development period.

In November 2022, the City submitted an application for the Project to be included in the District’s Zone 4 Fiscal Years 2023/24 through 2027/28 CIP. The City requested funding in the total amount of $674,000 to support the construction phase of the Project. In June 2023, the City was notified that its application was approved for funding in the full amount requested. The Project is anticipated to begin the design phase in fiscal year 2024/25, and the construction phase would follow in fiscal year 2025/26.

City Council action is required for acceptance and approval of the Funding Agreement with the District as the total amount exceeds the City Manager’s signing authority.

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
The Finance Department would process the corresponding budget appropriations as part of the fiscal year 2025/2026 budget development and adoption process, increasing expenditures and revenues by $674,000 to the Project account. The City is required to match funding, which was previously programmed into the budget for the Project and is available in fiscal year 2024/2025, as outlined in Table 1 below. The total estimated cost for the Project is approximately $1,423,000.

Table 1 – Existing and Identified Project Funding
Phase Fund Account No. FY24/25 Budget FY25/26 Budget
DESIGN
Quality of Life 105-4555-58203 $210,000 -
Quality of Life 105-4555-58203 $186,040 -
Grant 301-4555-58203 - $674,000
DIF Citywide – Circulation 526-4555-58203 $210,000 -
CON
DIF Citywide – Storm
Drain Facilities 527-4555-58203 $142,960 -
TOTAL $749,000 $674,000

ATTACHMENTS

1. Project Location Map

2. Funding Agreement
Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 2

Menifee Mayor and City Council
March 20, 2024
Page
446 of 1058

GARBANI RD
M

URRIETA RD

EMPIRE LN

REDOAK ST
Q
UILLCT

GRANGER LN

IVES CT

MALLORY CT
ENG

LISH CT

ABBOTT CT

ABBY LN

NETTLE CT

ROLLING HILLS DR

BARRACK CT
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 3

Menifee Mayor and City Council
March 20, 2024
Page
447 of 1058

254934
- 1 -

FUNDING AGREEMENT
Murrieta and Garbani Undercrossing
Project No. 4-0-10003

This Funding Agreement ("Agreement"), dated as of , 2024, is entered in to by and between the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City of Menifee, a municipal corporation, ("CITY"). DISTRICT and CITY are individually referred to herein as "party" and collectively referred to herein as "parties". The parties hereto hereby agree as follows:

RECITALS
A. DISTRICT has budgeted for and CITY has plans to design, construct, inspect, own, operate and maintain Murrieta and Garbani Undercrossing located within Garbani Road. Upon construction completion, Murrieta and Garbani Undercrossing will provide the necessary flood control and drainage improvements and reduce flooding in the area near Menifee Valley Middle School in the city of Menifee; and
B. Murrieta and Garbani Undercrossing consists of the construction to approximately 200 lineal feet of undercrossing within Garbani Road near Murrieta Road , hereinafter called "PROJECT", as shown in concept in blue on Exhibit "A", attached hereto and made a part hereto; and
C. CITY plans to advertise, award and administer a public works construction contract for PROJECT during Fiscal Year 2025/2026; and
D. CITY desires DISTRICT to contribute funding toward the lowest responsive and responsible bid contract price as set forth herein; and E. DISTRICT wishes to sup port CITY 's efforts to construct PROJECT by providing a financial contribution toward PROJECT 's construction costs as set forth herein and have no other role; and
Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 4

Menifee Mayor and City Council
March 20, 2024
Page
448 of 1058

254934
- 2 -
F. DISTRICT's contributions to PROJECT shall be as follows, subject to the not to exceed amount provided herein. Up to sixty percent (60%) of all costs associated with the lowest responsive and responsible bid contract price for construction of PROJECT ("CONSTRUCTION CONTRIBUTION"). CONSTRUCTION CONTRIBUTION for PROJECT shall not exceed a total of Six Hundred Seventy-Four Thousand Dollars ($674,000); and
G. The purpose of this Agreement is to memorialize the mutual understandings by and between CITY and DISTRICT with respect to the construction, ownership, operation and maintenance of PROJECT and the payment of CONSTRUCTION CONTRIBUTION.

NOW, THEREFORE, in consideration of the p receding recitals and the mutual covenants hereinafter contained, the parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this Agreement and as follows:

SECTION I
CITY shall:

1. Pursuant to the California Environmental Quality Act ( "CEQA"), act as Lead Agency and assume responsibility for preparation, circulation and adoption of all necessary and appropriate CEQA documents pertaining to the construction, operation and maintenance of PROJECT.

2. Prepare or cause to be prepared the necessary plans and specifications for PROJECT, hereinafter called "IMPROVEMENT PLANS", in accordance with the applicable CITY standards.

3. Prior to advertising PROJECT for public works construction contract, secure all necessary permits, approvals or agreements required by any federal, state and local resource or regulatory agencies pertaining to PROJECT. Such documents may include, but are not limited to, a Section 404 permit issued by the U.S Army Corps of Engineers, a Section 401 Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 5

Menifee Mayor and City Council
March 20, 2024
Page
449 of 1058

254934
- 3 -
Water Quality Certification issued by the California Regional Water Quality Control Board (CRWQCB), a Streambed Alteration Agreement issued by the California Department of Fish and Wildlife and a National Pollutant Discharge Elimination System Permit issued by the State Water Resources Control Board or CRWQCB and Western Riverside County Regional Conservation Authority ("REGULATORY PERMITS").

4. Implement or cause to be implemented all environmental mitigation required in association with the construction, operation and maintenance of PROJECT.

5. Advertise, award and administer a public works construction contract of the bids for PROJECT pursuant to the applicable provisions of the California Public Contract Code.

6. Prior to awarding a public works c onstruction contract for PROJECT, provide DISTRICT seven (7) calendar days following construction bid opening to review and approve or reject bids for construction of PROJECT. DISTRICT may only reject bids found by DISTRICT to be unreasonably high. In no event shall CITY be required to select other than the lowest responsive and responsible bidder in compliance with local and state laws.

7. Provide DISTRICT with written notice (Attention: Special Projects Section) that CITY has awarded a public works constru ction contract for PROJECT. The written notice shall include the Contractor 's actual bid amounts for PROJECT, setting forth the lowest responsible bid contract amount.

8. At the time of providing written notice of the award of a construction contract for PROJECT, as set forth in Section I. 7, issue an invoice to DISTRICT (Attention:

Special Projects Section ) for the payment of CONSTRUCTION CONTRIBUTION, subject to and provided that CONSTRUCTION CONTRIBUTION shall not exceed a total sum amount of Six Hundred Seventy-Four Thousand Dollars ($674,000). The lowest responsive and responsible bid contract amount shall be supported by a copy of CITY's bid abstracts for PROJECT.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 6

Menifee Mayor and City Council
March 20, 2024
Page
450 of 1058

254934
- 4 -

9. Within thirty (30) days of awarding PROJECT, pay the Western Riverside County Regional Agency ("RCA") the mitigation fee for PROJECT per the 2004 Implementing Agreement for the Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), which is either the lesser of i ) three percent (3%) of the lowest responsive and responsible bid contract price; or ii) three percent (3%) of the lowest responsive and responsible bid contract price, less the value of the applicable project specific mitigation. Provide DISTRICT with supporting documentation that payment has been made to RCA for the MSHCP mitigation fee.

10. Procure or caused to be procured insurance coverages during the term of this Agreement. CITY shall require its PROJECT construction contractor(s) to furnish original certificate(s) of insurance and original certified copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments. Prior to CITY issuing a Notice to Proceed to its construction contractor(s) to begin construction of PROJECT, an original certificate of insurance evidencing the required insurance coverage shall be provided to DISTRICT. The procured insurance coverages shall name DISTRICT, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insured. CITY shall notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

11. Require its construction contractor (s) to comply with all Cal/OSHA safety regulations, including regulation concerning confined space and maintain a safe work ing environment for all CITY employees on the site.

12. Construct or cause to be constructed PROJECT pursuant to a CITY administered public works construction contract in accordance with IMPROVEMENT PLANS.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 7

Menifee Mayor and City Council
March 20, 2024
Page
451 of 1058

254934
- 5 -

13. Inspect PROJECT construction or cause PROJECTꞌs constr uction to be inspected by its construction manager.

14. Upon completion of PROJECT construction and CITY's acceptance thereof, accept ownership and sole responsibility for the design, inspection, operation and maintenance of PROJECT.

15. Upon completion of PROJECT construction, provide DISTRICT with a copy of CITY's Notice of Completion.

SECTION II
DISTRICT shall:

1. Within thirty (30) days of receiving of CITY's invoice, pay CONSTRUCTION CONTRIBUTION to CITY , as set forth in Section I. 8, subject to and provided that CONSTRUCTION CONTRIBUTION does not exceed the total sum of amount of Six Hundred Seventy-Four Thousand Dollars ($674,000).

2. Not be responsible to pay any amounts that exceed CONSTRUCTION CONTRIBUTION for PROJECT.

SECTION III
It is further mutually agreed:

1. Notwithstanding any other provision herein , CONSTRUCTION CONTRIBUTION shall not exceed a total sum of Six Hundred Seventy-Four Thousand Dollars ($674,000) and shall be used by CITY solely for the purpose of construction of PROJECT as set forth herein. No additional funding whatsoever shall be provided by DISTRICT for any subsequent PROJECT modifications, extensions or repairs.

2. Under the provisions of this Agreement, DISTRICT shall bear no responsibility wha tsoever for the design, construction, ownership, inspection, operation or maintenance of PROJECT.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 8

Menifee Mayor and City Council
March 20, 2024
Page
452 of 1058

254934
- 6 -

3. CITY shall indemnify, defend and hold harmless and require its construction contractor(s) to indemnify, defend and hold harmless DISTRICT and the County of Riverside (its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, representatives ) (individually and collectively hereinafter referred to a s "Indemnitees") from any liability whatsoever, based or asserted upon any acts, omissions or services of CITY and CITY 's construction contractor(s), (including their officers, employees, subcontractors, agents or representatives) (individually and collect ively hereinafter referred to as "Indemnitors") arising out of or in any way relating to this Agreement, including , but not limited to, property damage, bodily injury or death , or any other element of any kind or nature whatsoever arising from the performance of Indemnitors of this Agreement. CITY or CITY's construction contractor(s) shall defend, at its sole expense, all costs and fees , including, but not limited to attorney fees, cost of investigation, defense, and settlements or awards, of the Indemnitees in any claim or action based upon such alleged acts or omissions.

4. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

5. This Agreement is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights pro vided by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

Neither CITY nor DISTRICT shall assign this Agreement without the written consent of the other party.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 9

Menifee Mayor and City Council
March 20, 2024
Page
453 of 1058

254934
- 7 -

6. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action based upon the provisions of this Agreement.

7. Any and all notices sent or required to be sent to the parties of this Agreement will be mailed by first class mail, postage prepaid, to the following addresses:

RIVERSIDE COUNTY FLOOD CONTROL CITY OF MENIFEE
AND WATER CONSERVATION DISTRICT 29844 Haun Road
1995 Market Street Menifee, CA 92586
Riverside, CA 92501 Attn: Carlos Geronimo
Attn: Contracts Services Section

8. This Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel. The fact that this Agreement was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this Agreement shall not be construed against DISTRICT because DISTRICT prepared this Agreement in its final form.

9. Any waiver by DISTRICT or CITY of any breach by any other party of any provision of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or any other provision hereof. Failure on the part of DISTRICT or CITY to require from any other party exact, full and complete compliance with any of the provisions of this Agreement shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcing this Agreement.

10. The obligations of DISTRICT are limited by and contingent upon the availability of DISTRICT funds for DISTRICT's financial contribution towards PROJECT as set forth herein. In the event that such funds are not forthcoming for any reason, DISTRICT shall immediately notify CITY in writing. This Agreement shall be deemed terminated and have no further force and effect immediately upon receipt of DISTRICT's notification by CITY.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 10

Menifee Mayor and City Council
March 20, 2024
Page
454 of 1058

254934
- 8 -

11. No alteration or variation of the terms of this Agreement shal l be valid unless made in writing and signed by both parties and no oral understanding or agreement not incorporated herein shall be binding on either party hereto.

12. Nothing in the provisions of this Agreement is intended to create duties or obligation to or rights in third parties not parties to this Agreement.

13. This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and cond itions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. This Agreement may be amended, changed or modified only upon the written consent of the parties hereto.

14. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17) for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and ex ecuted or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time. CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 11

Menifee Mayor and City Council
March 20, 2024
Page
455 of 1058

254934
- 9 -
is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 12

Menifee Mayor and City Council
March 20, 2024
Page
456 of 1058

254934
- 10 -
IN WITNESS WHEREOF, the parties hereto have executed this Funding Agreement on .
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel

By
Deputy

(SEAL)

Funding Agreement: City of Menifee
Murrieta and Garbani Undercrossing
Project No. 4-0-10003
02/21/24
MM:blm
Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 13

Menifee Mayor and City Council
March 20, 2024
Page
457 of 1058

254934
- 11 -
RECOMMENDED FOR APPROVAL: CITY OF MENIFEE
BY _________________________________

NICK FIDLER
Director of Public Works
By
ARMANDO G. VILLA
City Manager
APPROVED AS TO FORM: ATTEST:

By
JEFFREY T. MELCHING
City Attorney
By

SARAH MANWARING
City Clerk
(SEAL)
Funding Agreement: City of Menifee
Murrieta and Garbani Undercrossing
Project No. 4-0-10003
02/21/24
MM:blm
Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 14

Menifee Mayor and City Council
March 20, 2024
Page
458 of 1058

GARBANI RD
M

URRIETA RD

EMPIRE LN

REDOAK ST
Q
UILLCT

GRANGER LN

IVES CT

MALLORY CT
ENG

LISH CT

ABBOTT CT

ABBY LN

NETTLE CT

ROLLING HILLS DR

BARRACK CT
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
.

Item Title: 10.11
Riverside

County

Flood

Control

and

Water

Conservation

District

Annual

Zone

4 Program

Funds

for

the

Garbani

Road
Drainage Improvements Project
Item Page Number: 15

Menifee Mayor and City Council
March 20, 2024
Page
459 of 1058

CITY OF MENIFEE
SUBJECT: California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance
MEETING DATE: March 20, 2024
TO: Mayor and City Council
PREPARED BY: Jenny McConville, Management Analyst
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Accept the Fiscal Year 2023/2024 California Department of Resources Recycling and Recovery (“CalRecycle”) Cycle 16 Rubberized Pavement Grant Program funds for the Pavement Management Program; and

2. Approve and authorize the City Manager to execute a Grant Agreement with CalRecycle for the Pavement Management Program in an amount not-to-exceed $136,667.

DISCUSSION
The City’s Pavement Management Program (“PMP”) encompasses the City's entire paved network and identifies street resurfacing project needs for the next five years. Under the PMP, staff have identified several areas in need of resurfacing and/or slurry seal within the fiscal year 2023/2024 and 2024/2025 Capital Improvement Program (“CIP”). Between the two fiscal years, just under $9 million in road improvements have been programmed in the PMP. The PMP aligns with the City’s Strategic Plan Priority of Connectivity and Mobility and supports the associated Performance Measure to maintain an average roadway Pavement Condition Index (“PCI”) of 70 year-over-year through June 2028.

CalRecycle administers the Rubberized Pavement Grant Program (“Grant”), which provides funding to agencies to encourage and promote the use of Rubberized Asphalt Concrete (“RAC”) using crumb rubber derived from California-generated waste tires. Funding for this Grant is appropriated annually from the Tire Recycling Program and the California Tire Recycling Management Fund, as authorized by the California Tire Recycling Act of 1989 (Assembly Bill 1843). The maximum funding available through the Grant is $250,000 per agency. Funding awards are determined by multiplying project quantities needed by pre-established base rates of $10 per ton of RAC and $0.50 per square yard of rubberized chip seal material.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 1

Menifee Mayor and City Council
March 20, 2024
Page
460 of 1058

City of Menifee Staff Report
PMP Rubberized Pavement Grant
March 20, 2024

Page 2 of 3 ends

2 0
5 1
In September 2023, staff submitted an application in response to the Grant’s fiscal year 2023/2024 Cycle 16 Notice of Funding Availability. The application requested funding in the total amount of $136,667 to support various current and upcoming PMP projects, as identified in Table 1 below. In February 2024, the City was notified that its application was approved for funding in the full amount requested.

Table 1 – Eligible Funding Calculation by Project
Project Name
RAC
Quantity
by Ton
RAC
Eligible
Amount
Chip Seal
Quantity by
Square Yard
Chip Seal
Eligible
Amount
Total
Eligible
Amount
Menifee Road
Resurfacing – Simpson
Rd to McCall Blvd
6,000 $60,000 65,000 $32,500 $92,500
FY 24/25 Local Roads AC
Resurfacing 2,000 $20,000 17,222 $8,611 $28,611
FY 24/25 Slurry Seal
Program 0 $0 31,111 $15,556 $15,556
TOTALS 8,000 $80,000 113,333 $56,667 $136,667
City Council action is required for approval of the Grant Agreement with CalRecycle as the combined total of the project expenditure amounts exceed the City Manager’s signing authority.

Upon approval of the Agreement, CalRecycle would initiate routing the agreement electronically for signature.

STRATEGIC PLAN OBJECTIVE
Connectivity and Mobility

FISCAL IMPACT
The fiscal impact for the Grant is $136,667 in both revenue and expenditures, to be recognized in fiscal year 2024/2025. As part of the Mid-Cycle process, the Finance Department would increase the budgeted revenue by $136,667 in Account No. 301-3832 (CalRecycle's Rubberized Payment Grant) and appropriate those funds to the project accounts as outlined in Table 2 below.

There is no required match through the Grant Program. The total estimated cost for the identified PMP projects over the next two fiscal years is approximately $4,022,000. The City previously programmed budget for the identified PMP projects, which are available in the fiscal years 2023/2024 and 2024/2025 budget, as summarized in Table 3 on the following page.

Table 2 – Grant Fund Allocation by Project Account
PMP Project Name Account No. Grant Fund Allocation
Menifee Road Resurfacing – Simpson Rd
to McCall Blvd 301-4555-58200 $92,500
FY 24/25 Local Roads AC Resurfacing 301-4555-58201 $28,611 FY 24/25 Slurry Seal Program 301-4555-58011 $15,556
TOTAL $136,667
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 2

Menifee Mayor and City Council
March 20, 2024
Page
461 of 1058

City of Menifee Staff Report
PMP Rubberized Pavement Grant
March 20, 2024

Page 3 of 3 ends

2 0
5 1
Table 3 – Existing & Programmed Project Budgets
PMP Project Name Fund Name FY 23/24 Budget FY 24/25 Budget Menifee Road Resurfacing –
Simpson Rd to McCall Blvd RMRA (SB1) $1,690,000 $0
RMRA (SB1) $0 $974,000FY 24/25 Local Roads AC
Resurfacing Program Measure A $0 $435,000
Gas Tax $0 $58,000FY 24/25 Slurry Seal Program Measure A $0 $865,000 TOTAL $1,690,000 $2,332,000

ATTACHMENTS

1. Project Location Maps

2. Grant Agreement

3. Grant Summary Report - Rubberized Pavement Program
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 3

Menifee Mayor and City Council
March 20, 2024
Page
462 of 1058

H
e
r i t a g e L a k e D r
C
a
r a
v
e
l
D
r
Rustic
Glen St
D
u
r
a
n
t
S
t
Plantain St
Wedelia StFieldgrass St
Big Bend Dr
Aquifer Ln
S
a
g
e
w
a
t
e
r
C
t
Little Brook Ln
Beacon
Hill Way
Rushing
Water Dr
Lighthouse Ct
Flagship
Dr
Watercrest Dr
Solandra St
L a k e R i d g e
D r
Calm
Seas Way
S
e
c
r
e
t
H
a
r
b
o
r
D
r
W
i
n
d
j
a
m
m
e
r
C
t
M
e
n
i
f
e
e
R
d
Castaway Ct
S
u
n
r
i
s
e
S
h
o
r
e
D
r
Offshore Ct
L i g h t S a i l s C t
J
u
n i p e r o R d
Navigator Way
Cottage Ct
Lakehurst Ct
Twin
Leaf Way
Springshores Dr
Dawns Pass Dr
L
a
k
e
s
L
a
n
d
i
n
g
D
r
Sandy
Point Way
River
Springs Way
Beachcomber Dr
Lake Hills Dr
P a c i f i c
C
t
V
i
n
e
S
t
Sailboard Way
Redwood St
Rose Meadow Dr
B
a
l
b
o
a
C
t
Horizon Ct
S m
o o t h
S a i l i n g C t
D
a
l
e
s
S
t
W a y f a r e r R d
Shadel Rd
S
c
e
n
i
c
B
a
y
C
o
v
e
G
o l d e n L a k e C i r
Grand Ave
B
l
u
e
w
a
t
e
r
C
t
Overboard Dr
Ripple Brook Ln
Rambling Brooks Ct
Hide Away Ct
Breakwater Ct
Rivershore Ct
Misty Point Ln
C o a s t l i n e A v e
Foghorn Ct
Port Cove
L
i t
t
l e
L a k e C t
Fargo St
P o i n t e
B r e
e
z
e
D
r
N
a
u
t
i
c
a
l
P
o
i
n
t
C
i
r
W
a
t
e
r
m
a
r
k
D
r
L
o
o
k
o
u
t
P
o
i
n
t
L
n
Simpson Rd
S h o r e c l i f f C i r
Willows Landing Dr
P
a
c
k
a
r
d
S
t
Summit St
McCall Blvd
PERRIS
215
M
e
n
i
f
e
e
R
d
L
i
n
d
e
n
b
e
r
g
e
r
R
d
E t h a n a c R d
Haun Rd
Matthews Rd
P
e
b
b
l e
B
e
a
c
h
D r
M c C a l l B
l v
d
Holland Rd
O
l d
N
e
w p o r t R d
Murrieta Rd
A
n
t
e
l
o
p
e
R
d
Bradley Rd
Simpson Rd
Briggs Rd
Newport Rd
C h e r r y H i l l s
B
l v d
Project Site
0 0.1 0.2
Miles
Path: E:\Project_Specific_Maps\Engineering_PublicWorks\MenifeeRd_Resurfacing_Simpson_McCall\MenifeeRd_Resurfacing_Simpson_McCall.aprx Date: 2/8/2024 Menifee Rd Resurfacing - Simpson Rd to McCall Blvd
(CIP 24-21)
Project Location Map
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 4

Menifee Mayor and City Council
March 20, 2024
Page
463 of 1058

1 PERRIS
A17E/OPE R'
ME1IFEE R'

+:Y 4

E7+A1A& R'
E7+A1A& R'
M&/A8G+/I1 R' M&/A8G+/I1 R'
RO8SE R'
RO8SE R'
MA77+E:S R'
MA77+E:S R'
M&&A// %/9'
M&&A// %/9'
1E:POR7 R' 1E:POR7 R'
+O//A1' R' +O//A1' R'
GAR%A1I R'
GAR%A1I R'
&+AM%ERS A9E

RI'GEMOOR R'
PO7OMA& 'R
M8RRIE7A R'
M8RRIE7A R'
%RA'/EY R'
ME1IFEE R'
&+ERRY
%/9'+I//S
S81
%/9'
&I7Y
SIMPSO1 R'
1E:POR7 R'
'OME1IGO1I P.:Y
A17E/OPE R'
E1&A17O 'R
&+AM%ERS A9E

R'/A PIE'RA
/A PIE'RA
R'
&RAIG A9E %RA'/EY R'
S+ERMA1 R'
+A81 R'
&ORSO1 A9E
E9A1S R'

PA/OMAR R'
S+ERMA1 R'7R8M%/E R'
ME1IFEE R'
A17E/OPE R'
&RAIG A9E
1ORMA1'Y R'
215 FREE:AY
215 FREE:AY
7A//Y R'
GOE7= R'

+:Y 4

/A /A'ERA R'
/I1'ER%ERGER R'
9A/EY %/9'

PA/OMAR R'
E9A1S R'
%RA'/EY R'
E1&A17O 'R
M&&A// %/9'
%RA'/EY R'
/A PIE'RA
PO7OMA& 'R
%RA'/EY R'
ME1IFEE R'
RO8SE R'
S81 &I7Y %/9'
4 2 3
PERRIS
A17E/OPE R'
ME1IFEE R'

+:Y 4

E7+A1A& R'
E7+A1A& R'
M&/A8G+/I1 R' M&/A8G+/I1 R'
RO8SE R'
RO8SE R'
MA77+E:S R'
MA77+E:S R'
M&&A// %/9'
M&&A// %/9'
1E:POR7 R' 1E:POR7 R'
+O//A1' R' +O//A1' R'
GAR%A1I R'
GAR%A1I R'
&+AM%ERS A9E

RI'GEMOOR R'
PO7OMA& 'R
M8RRIE7A R'
M8RRIE7A R'
%RA'/EY R'
ME1IFEE R'
&+ERRY
%/9'+I//S
S81
%/9'
&I7Y
SIMPSO1 R'
1E:POR7 R'
'OME1IGO1I P.:Y
A17E/OPE R'
E1&A17O 'R
&+AM%ERS A9E

R'/A PIE'RA
/A PIE'RA
R'
&RAIG A9E %RA'/EY R'
S+ERMA1 R'
+A81 R'
&ORSO1 A9E
E9A1S R'

PA/OMAR R'
S+ERMA1 R'7R8M%/E R'
ME1IFEE R'
A17E/OPE R'
&RAIG A9E
1ORMA1'Y R'
215 FREE:AY
215 FREE:AY
7A//Y R'
GOE7= R'

+:Y 4

/A /A'ERA R'
/I1'ER%ERGER R'
9A/EY %/9'

PA/OMAR R'
E9A1S R'
%RA'/EY R'
E1&A17O 'R
M&&A// %/9'
%RA'/EY R'
/A PIE'RA
PO7OMA& 'R
%RA'/EY R'
ME1IFEE R'
RO8SE R'
S81 &I7Y %/9'
FY 24-25 PMP

PROGRAM
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 5

Menifee Mayor and City Council
March 20, 2024
Page
464 of 1058

Page 1 of 3 ends

TRP16-23-0037

City of Menifee

State of California - California Environmental
Protection Agency
CalRecycle 110 (Rev 10/19)

Department of Resources Recycling and
Recovery (CalRecycle)

Grant Agreement Cover Sheet

Grant Number

TRP16-23-0037

Name of Grant Program

2023-24 Rubberized Pavement Grant Program

Grantee Name

City of Menifee

Taxpayer's Federal Employer Identification Number

Total Grant not to Exceed

$136,667.00

Start of Grant Term

Notice to Proceed Email Date

End of Grant Term

April 01, 2026

The Department of Resources Recycling and Recovery (CalRecycle) and City of Menifee (the “Grantee”), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto:

Exhibit A – Terms and Conditions
Exhibit B – Procedures and Requirements
Exhibit C – Application with revisions, if any, and any amendments

This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below.

DRAFT
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 6

Menifee Mayor and City Council
March 20, 2024
Page
465 of 1058

Page 2 of 3 ends

TRP16-23-0037

City of Menifee

Department/Grantor Name Grantee Name
CalRecycle City of Menifee
Signature of CalRecycle’s Authorized
Signatory
Signature of Grantee’s Authorized Signatory
(as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
X

Printed Name of CalRecycle’s Authorized
Signatory
Printed Name of Grantee’s Authorized
Signatory
Brandy Hunt

Title Title
Deputy Director, CalRecycle

Date Date

Grantee Payment Address
Public Works
29844 Haun Road
Menifee, CA 92586

Revised Grantee Payment Address (if needed)

DRAFT
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 7

Menifee Mayor and City Council
March 20, 2024
Page
466 of 1058

Page 3 of 3 ends

TRP16-23-0037

City of Menifee

Certification of Funding

Amount Encumbered by
this Agreement
Prior Amount Encumbered for
this Agreement
Total Amount
Encumbered to Date
$136,667.00

$136,667.00

Grant Year/Program Chapter Statute Year
2023-24 Rubberized
Pavement Grant Program 12 2023

Org Code Reference Fund
3970 101 0226

Enactment Year Fiscal Year Fund Title
2023 2023-24 TIRE

Fi$Cal Expenditure Information

Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707830 3700000214 5432000

I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.

Signature of CalRecycle Budget Office Date

Dalma Gomez
Digitally signed by Dalma Gomez
Date: 2024.01.31 12:38:54 -08'00' Jan 31, 2024
DRAFT
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 8

Menifee Mayor and City Council
March 20, 2024
Page
467 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 1 Exhibit A
Terms and Conditions

Rubberized Pavement Grant Program Fiscal Year
2023–24

The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant.
• "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. • "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the Rubberized Pavement Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirement s or discharge prohibitions. (c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augment ed by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelin es issued pursuant to the ADA.

Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 9

Menifee Mayor and City Council
March 20, 2024
Page
468 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 2 (b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any act ion and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.

[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]

Authorized Representative
The grantee shall continuously maintain a representative vested with si gnature authority authorized to work with CalRecycle on all grant -related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Commu nications” herein.

Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 10

Menifee Mayor and City Council
March 20, 2024
Page
469 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 3 project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relati ng to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and (b) The grantee, to the best of its knowledge, is fully co mplying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Emp loyment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.

All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is r equired following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals hav e been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in non - payment of grant funds.

Conflict of Interest
The grantee needs to be aware of the followin g provisions regarding current or former state employees. If the grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regula r state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 11

Menifee Mayor and City Council
March 20, 2024
Page
470 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 4 Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in an y capacity by any state agency. (b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractor s and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee.

As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non -commercial purposes, and to have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 12

Menifee Mayor and City Council
March 20, 2024
Page
471 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 5 Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination wit h other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtain ed, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds a warded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and includin g the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch , Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812 -4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug - Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug -free workplace by taking the following actions:

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 13

Menifee Mayor and City Council
March 20, 2024
Page
472 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 6 (a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employ ees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintai ning a drug-free workplace. (3) Any available counseling, rehabilitation, a nd employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse viola tions. (c) Require that each employee who works on th e grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements m ay result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachmen ts hereto, contains the entire a greement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

Expatriate Corporations
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286.1, and is eligible to contract with the State of California.

Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 14

Menifee Mayor and City Council
March 20, 2024
Page
473 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 7 Therefore, the grantee shall be in compliance with this Agreement only if t he work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee’s eligibility for future grants offered by CalRecycle.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot , war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Dire ctor, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure t hat the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 15

Menifee Mayor and City Council
March 20, 2024
Page
474 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 8 Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owe d to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement.

Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid p rior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur grant -eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

Limited Waiver of Sovereign Immunity and Consent to
Jurisdiction
The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes.

The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise unde r this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 16

Menifee Mayor and City Council
March 20, 2024
Page
475 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 9 including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and
The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that:
(a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and ef fect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered.

Nothing in this Agreement shall be construed to constitute a waiver of the sov ereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law.

National Labor Relations Board Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the grantee within the immediately preceding two -year period because of the grantee's failure to comply with an order of a federal court which orders the grantee to comply with an order of the National Labor Relations Board. This section is n ot applicable if the grantee is a public entity.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

No Waiver of Rights
CalRecycle shall not be deemed to have waived any righ ts under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 17

Menifee Mayor and City Council
March 20, 2024
Page
476 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 10 A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in G overnment Code Section 12900 et seq. (b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov . Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)

Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Require ments, Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, th e following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans, and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty -free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuan t this Agreement, for nonprofit, non - commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 18

Menifee Mayor and City Council
March 20, 2024
Page
477 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 11 Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Gr antee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grant ee’s Application in accordance with the approved Budget, and shall obt ain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personal Jurisdiction
The grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 19

Menifee Mayor and City Council
March 20, 2024
Page
478 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 12 Real and Personal Property Acquired w ith Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes.

In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, tit le to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant f unds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to compl ete the property purchase of this grant condition. (c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. Grantee’s violation of this provision shall result in Grantee’s reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 20

Menifee Mayor and City Council
March 20, 2024
Page
479 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 13 Recycled-Content Paper
All documents submitted by the grantee must be printed double -sided on recycled-content paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper .

Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, r eusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire -derived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that op erate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14 ), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 21

Menifee Mayor and City Council
March 20, 2024
Page
480 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 14 Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waive r of any other right or remedy.

Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self -dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agr eement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enfo rceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 22

Menifee Mayor and City Council
March 20, 2024
Page
481 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 15 Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the t erms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (b) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records suffici ent to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue.

The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.

Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 23

Menifee Mayor and City Council
March 20, 2024
Page
482 of 1058

CalRecycle’s Competitive Grant Terms and Conditions – Revised 6/21/2022 16 Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 24

Menifee Mayor and City Council
March 20, 2024
Page
483 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 1
July 2023
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements
Rubberized Pavement Grant Program
16th Cycle Fiscal Year 2023–24
Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 25

Menifee Mayor and City Council
March 20, 2024
Page
484 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 2

Table of Contents
Introduction ........................................................................................................................ 3 Milestones .......................................................................................................................... 3 Grants Management System (GMS) ................................................................................ 3 Accessing the Grant ........................................................................................................ 3 Contact Updates .............................................................................................................. 4 Prior to Commencing Work ............................................................................................. 5 Permitting ......................................................................................................................... 5 Reliable Contractor Declaration ...................................................................................... 5 Grant Term ......................................................................................................................... 6 Project Requirements ...................................................................................................... 6 RAC Hot-Mix (Hot-Mix) Project ................................................................................... 6 Rubberized Chip Seal (Chip Seal) Project .................................................................. 7 Reimbursement Rates ..................................................................................................... 7 Table 1. Reimbursement Rates ................................................................................... 7 Eligible Costs ................................................................................................................... 7 Ineligible Costs................................................................................................................. 8 Modifications .................................................................................................................... 8 Acknowledgements.......................................................................................................... 9 Reporting Requirements.................................................................................................. 9 Electronic and Original Signatures ................................................................................ 10 Progress Report ............................................................................................................. 10 Progress Report Requirements with No Payment Request ..................................... 10 Progress Report Requirements with Payment Request ........................................... 11 Final Report ................................................................................................................... 13 Payment Calculation Summary Form ........................................................................... 16 Grant Payment Information ........................................................................................... 16 Payment Request and Documentation ..................................................................... 17 Audit Considerations ..................................................................................................... 19

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 26

Menifee Mayor and City Council
March 20, 2024
Page
485 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 3

Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the Rubberized Pavement Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirem ents.

In a Regional Grant, the term “grantee” used throughout this document refers to the Lead Participant (Lead). The Lead is designated to act on behalf of all Non -Lead Participant(s). The Lead manages the grant, is responsible for the performance of the grant and all required documentation and administers the grant funds to its Non -Lead Participants on its behalf.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
Notice to Proceed Date: Grant Term Begins on the date that CalRecycle emails the Notice to Proceed.

April 1, 2025: Progress Report Due
April 1, 2026: Final Report and Final Payment Request Due April 1, 2026: Grant Term End

Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/ ).

Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
• Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab: Grantee requests reimbursement.
• Reports tab: Grantee uploads required reports.
• Documents tab: Grantee uploads all other grant documents that are not supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 27

Menifee Mayor and City Council
March 20, 2024
Page
486 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 4

Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 28

Menifee Mayor and City Council
March 20, 2024
Page
487 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 5
Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Permitting
The grantee is responsible for ensuring that the entire project, not just the portion reimbursed by this Grant, is in compliance with all federal, state, and local laws and permitting requirements. The grantee is also responsible for ensuring that project contractors and subcontractors have all necessary permits and licenses to perform the work for which they are hired, including, but not limited to, permitting by the appropri ate Air Pollution Control District, Air Quality Management District, or other local air quality agency when required. Failure to comply with permitting requirements may result in denial of payment under this Grant. The grantee should retain all permittin g documentation for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/ ), California Code of Regulations, Natural Resources, Di vision 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/ ) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/ ).

The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 29

Menifee Mayor and City Council
March 20, 2024
Page
488 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 6

Grant Term
The Grant Term begins on the date of the Notice to Proceed (NTP) email, which is the formal notification from CalRecycle authorizing the grantee to begin the grant project and ends on April 1, 2026. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to the NTP date or after the end date are not eligible for reimbursement.

The Final Report and final Payment Request are due on April 1, 2026. CalRecycle recommends reserving the period from March 1, 2026 to April 1, 2026 exclusively for the preparation of the Final Report and final Payment Request, though they may be completed earlier.

Project Requirements
All projects are subject to the following requirements:
• The grantee will construct one or more Rubberized Asphalt Concrete (RAC) Hot - Mix or Rubberized Chip Seal project(s) at the location(s) specified in the approved grant application, unless otherwise approved by the Grant Manager (See Modifications section).
• Only California-generated waste tires that are processed in California shall be used in the crumb rubber portion of the project(s). Recycled end-of-life crumb rubber that meets all specifications and standards can be used, as appropriate, with prior written permission from the Grant Manager .
• The project(s) must be located in California.
• Projects must be owned and maintained by the applicant and accessible to the general public.
• Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110).
• Construction of the RAC portion of any project must commence on or aft er the date indicated in the Notice to Proceed and be completed by April 1, 2026. • The binder material must contain a minimum of 300 pounds (equivalent to 15 percent by weight) of tire-derived crumb rubber per ton of rubberized binder. The binder may be either asphalt rubber/field blend or terminal blend.

Additionally, the following project requirements are specific to the individual project as indicated:

RAC Hot-Mix (Hot-Mix) Project
• Project(s) must use a minimum of 2,000 tons of RAC hot-mix (1,000 tons for Tribal Entities).
• If a grantee has not previously received a CalRecycle Pavement or RAC grant, appropriate grantee staff must attend a CalRecycle -sponsored training before beginning the project. Topics for the training are typically in one -hour modules and may include a general introduction to the program or a more detailed discussion regarding the RAC manufacturing and construction processes and procedures.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 30

Menifee Mayor and City Council
March 20, 2024
Page
489 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 7
Rubberized Chip Seal (Chip Seal) Project
• Project(s) must use a minimum area of 40,000 square yards of chip seal material (20,000 square yards for Tribal Entities).

Reimbursement Rates
Table 1 provides reimbursement rates, as approved in the application, by grant category for both individual and regional grants. Regional grants will be reimbursed at the RAC -1 and/or Chip Seal rate, as applicable. Refer to your “Approved Project Summary & Calculation” document uploaded in GMS for your approved category and reimbursement rate.

For regional grants, reimbursement for work performed in a single jurisdiction, whether that jurisdiction is the Lead Participant or a Non-Lead Participant, cannot exceed 80% of the total grant reimbursement. If at the end of the grant, more than 80% of the reimbursed material (by value) was used in a single jurisdiction, CalRecycle may treat the grant as if it were an individual grant and adjust the reimbursement rate and maximum amount as if that jurisdiction had applied individually.

Table 1. Reimbursement Rates
Grant Category
Tier 11
(Los Angeles, Orange,
Riverside, San Bernardino,
and Ventura Counties)
Tier 22
(All other counties)
RAC – 1 $10 per ton
$20 per ton (Tribal Entities)
$20 per ton
$40 per ton (Tribal Entities)
RAC – 2 $7 per ton
$14 per ton (Tribal Entities)
$14 per ton
$28 per ton (Tribal Entities)
RAC – 3 $4 per ton
$8 per ton (Tribal Entities)
$8 per ton
$16 per ton (Tribal Entities)
Chip Seal
$0.50 per square yard
$1 per square yards
(Tribal Entities)
$1 per square yard
$2 per square yards
(Tribal Entities)
Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts when the grantee receives a Notice to Proceed from CalRecycle and ends on April 1, 2026. (See “Grant Term” for additional information). All grant expenditures must be for activities, products, and costs directly related to the delivery and installation/placement of the paving material. To be eligible for reimbursement, costs must be incurred after receiving a Notice to Proceed and before the end of the Grant Term. All services must be provided, and goods received during this period in order to be eligible costs. 1 Reimbursement is based on a $10 ($20 for Tribal Entities) per ton base rate for hot- mix projects
2 Reimbursement is based on a $20 ($40 for Tribal Entities) per ton base rate for hot- mix projects
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 31

Menifee Mayor and City Council
March 20, 2024
Page
490 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 8
Invoices for goods and services must be paid by the grantee prior to the inclus ion of those goods or services on a payment request .

Eligible costs are expenditures incurred and paid for eligible paving material delivered and installed during the Grant Term (from the date of the Notice to Proceed email through April 1, 2026).

Ineligible Costs
Any costs not specifically included in the approved Project Summary and Calculation sheet and not directly related to the delivery and installation/placement of the paving material and the approved grant project are ineligible for reimbur sement. The grantee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred for projects that start construction of the RAC pavi ng portion prior to the date that CalRecycle sends the N otice to Proceed, or end construction after April 1, 2026.
• Projects utilizing crumb rubber material that is not made from only California - generated waste tires processed in California.
• Recycled end-of-life crumb rubber that does not meet all specifications and standards.
• Projects using less than the required amount of crumb rubber, as specified in Project Requirements.
• Slurry Seal material/application (whether or not they contain rubber ). In a cape seal project, the slurry seal portion is not an eligible cost. • Testing costs.
• Personnel costs, including fringe benefits.
• Overhead and/or indirect costs.
• Any other costs the CalRecycle Grant Manager deemed unreasonable or unrelated to the purpose of the grant.

Modifications
The grantee must submit any proposed revision(s) to the approved Project Summary and Calculation sheet in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be clearly marked on the revised Project Summary and Calculation sheet that you obtain from the Grant Manager . The request must include justification for the proposed change(s). If approved, the Grant Manager will upload the final revised Project Summary and Calculation sheet to GMS and notify the grantee. The grantee may submit proposed revisions in conjunction with a Progress Report, but they cannot be submitted as part of the Progress Report. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

For a regional grant, changes that would remove one or more participating jurisdictions from the grant will be evaluated on a case-by-case basis to determine whether the grant amount and/or reimbursement rate should be adjusted.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 32

Menifee Mayor and City Council
March 20, 2024
Page
491 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 9
Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan . Contact your Grant Manager for the CalRecycle logo.

By April 1, 2026, the grantee must list on their website, for a minimum period of one year, an acknowledgement of CalRecycle’s funding and the waste tire diversion amounts for the project(s). The acknowledgement must include the followin g three required components:

1. Funded by grant from CalRecycle

2. CalRecycle Logo3

3. Number of California waste tires 4 diverted from the waste stream by this project When the web site acknowledgement posting is problematic due to grantee -specific issues, the grantee may substitute signage as an alternative acknowledgement upon written pre-approval from the Grant Manager. The alternative must include the three required components listed above. The signage must be placed in a prominent location along the project site(s), where it must be permanent for a minimum period of one year after project completion. If this alternative is used, a digital photograph of the signage at the project site must be provided with the final report.

Reporting Requirements
The Grant Agreement requires a Progress Report and a Final Report ; however, the Grant Manager may require additional Progress Reports at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have be en eligible for grant funding.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
3 The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo.

Initials or abbreviations for CalRecycle shall not be used. Information regarding logos are available in the Image Gallery web site (https://www.calrecycle.ca.gov/Gallery ). 4 To determine the number of tires diverted, refer to the Payment Calculation Summary form (CalRecycle 748-TRP). This is typically calculated after construction.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 33

Menifee Mayor and City Council
March 20, 2024
Page
492 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 10

• Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of th e Grant Agreement, rejection of the Payment Request, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

Electronic and Original Signatures
CalRecycle requires certified e-Signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Si gnature Authority, be in the Adobe Digital ID format (or through another certified digital signature program ) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected] .

Progress Report
The grantee must submit a Progress Report by the due dates listed in the Milestones Section of this document. The report should cover grant activities that occurred from the Notice to Proceed date through April 1, 2025. The Progress Report must be submitted even if no work has started on the project. The P rogress Report must be prepared in the format specified below and uploaded into the GMS system, see “Reporting Requirements.”

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

The Progress Report must address the work completed during the reporting p eriod and be accompanied by all required supporting documentation, includin g pre-construction photographs. The Progress Report must include:

Progress Report Requirements with No Payment Request

1. Cover Page
• Name of the grantee
• Grant number
• Amount of grant award
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 34

Menifee Mayor and City Council
March 20, 2024
Page
493 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 11

• Dates of report coverage
• Report preparation date
• Disclaimer statement, as follows:
“The statements and conclusions o f this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”

2. Project Summary and Status
Provide a brief description of the progress of the rubberized pavement project(s) including:
• Approved, completed and in-process project(s)
• The timeline for completion of remaining project(s)
• Results Achieved
• Problems encountered or anticipated
• Provide a brief description of any changes to the project and/or schedule including:
1) Changes in grantee contact information
2) Changes or modifications to the original project

Progress Report Requirements with Payment Request

1. Cover Page
• Name of the grantee
• Grant number
• Amount of grant award
• Dates of report coverage
• Report preparation date
• Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”

2. Table of Contents
Identify report contents and corresponding page numbers

3. Project Summary and Status
Provide a concise Executive Summary of the project(s). Within the narrative of the report, the following information must be included:
• Project(s) location, such as the project area/name within the jurisdiction • Amount of rubberized pavement material used (tons for hot -mix, square yards for chip seal)
• General Information (thickness of paving, type of mix – e.g. asphalt-rubber, type G, gap graded, open graded, dense graded, warm mix, etc.) • Binder information – asphalt-rubber/field blend or terminal blend , including asphalt cement type/grade.

You must specify the following:

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 35

Menifee Mayor and City Council
March 20, 2024
Page
494 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 12

o Percent5 of crumb rubber used in the binder
o Percent6 of binder in the mix (for hot-mix projects)
o Spread rate7 (gal/yd2) (for chip seal projects)
• Cost of material (cost per ton of hot -mix, cost per square yard of chip seal) • Problems encountered
• Total pounds of crumb rubber (and PTE) used in project(s). Refer to the Payment Calculation Summary form (CalRecycle 748 -TRP) to calculate total pounds. See “Payment Calculation Summary Form ” section for more information.

For Hot-Mix Projects: the total pounds of crumb rubber can be derived by multiplying the total tons of RAC hot -mix material used in the project(s) by the percent5 of crumb rubber in the binder and the percent 6 binder in the mix multiplied by 2,000 (pounds per ton). The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire).

For Chip Seal Projects: the total pounds of crumb rubber can be derived by multiplying the total square yards of chip seal material used in the project(s) by the percent5 of crumb rubber in the binder and the spread rate7 multiplied by 8 (pounds per gallon)8. The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire).

4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphal t materials for the project. For each contractor and subcontractor the following information must be included:
• Name of Firm
• Contact person
• Address
• Concise statement of work completed
• Time period in which the work was completed
• Amount paid
• A signed copy of the Reliable Contractor Declaration (CalRecycle 168) for the paving/prime contractor at the beginning of the project (subcontractors are optional).

Additionally, provide the subcontractor 9 for the following (if applicable):

5 Usually 15-20 percent, subject to a minimum of 15 percent for the grant project(s) . 6 Usually between 7-8 percent for asphalt rubber/field blend; 5 -6 percent for terminal blend.
7 Usually between 0.40 to 0.70 gal/yd 2.
8 Eight (8) pounds per gallon is the nominal specific weight in a typical chip seal application.
9 Refer to your paving/prime contractor for this information.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 36

Menifee Mayor and City Council
March 20, 2024
Page
495 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 13

• Binder Supplier
• Hot-Mix/Chip Seal Manufacturer
• California Crumb Rubber Provider

5. Waste Tires Diverted
Total number of California waste tires diverted from the waste stream as a result of the project’s completion. This number (PTE) can be calculated when completing the Payment Calculation Summary form (CalRecycle 748-TRP). Also refer to item 3 above for the PTE formula. For more details about this form, refer to item C of the Supporting Documentation section in the Payment Request and Documentation section and the Payment Calc ulation Summary Form section .

This form is available at the CalRecycle Grant Forms website (https://www.calrecycle.ca.gov/Funding/forms/ ).

6. Photographs (uploaded separately in GMS )
Two digital photographs of the completed project. Pre -construction photographs are highly recommended, however, not mandatory.

7. Project Acknowledgement (uploaded separately in GMS) Include a copy of your internet web page (or alternative) project acknowledgement, including the web address (URL). If signage alternative is used, a digital photograph of the signage at the project site must be provided with the final report. Refer to the Acknowledgements section for more details.

To submit a Grant Payment Request with your Progress Report, skip the Final Report section, continue with the requirements in the Payment Calculation Summary Form section, through the Grant Payment Information section.

Final Report
The grantee must submit the Final Report by the due date listed in the Milestones Section of this document, however it may be submitted at any time after the project is completed, but no later than April 1, 2026. This report should cover grant activities from the Notice to Proceed through April 1, 2026, or completion of project, whichever is sooner.

Failure to submit the Final Report with appropriate documentation by April 1, 2026, may result in rejection of the final Grant Payment Request and/or forfeiture by the grantee of any claims for reimbursement of otherwise eligible costs.

For a Regional Grant, the Lead Participant will be responsible for compiling all reporting documentation from its Non-Lead Participant(s).

The Final Report must be prepared in the format specified below and must be uploaded into the GMS system, see “Reporting Requirements” section for instructions; you may need to upload multiple documents to complete all the requirements listed below. If requested, the grantee shall make an oral presentation to CalRecycle. The Final Report must include the following:

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 37

Menifee Mayor and City Council
March 20, 2024
Page
496 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 14

1. Cover Page
• Name of the grantee
• Grant number
• Amount of grant award
• Dates of report coverage
• Report preparation date
• Disclaimer statement, as follows:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The State makes no warranty, express or implied, an d assumes no liability for the information contained in the succeeding text.”

2. Table of Contents
Identify report contents and corresponding page numbers.

You must specify the following:
o Percent10 of crumb rubber used in the binder
o Percent11 of binder in the mix (for hot-mix projects) o Spread rate12 (gal/yd2) (for chip seal projects)
• Cost of material (cost per ton of hot -mix, cost per square yard of chip seal) • Problems encountered
• Total pounds of crumb rubber (and PTE) used in project(s). Refer to the Payment Calculation Summary form (CalRecycle 748 -TRP) to calculate total pounds. See “Payment Calculation Summary Form ” section for more information.

For Hot-Mix Projects: the total pounds of crumb rubber can be derived by multiplying the total tons of RAC hot -mix material used in the project(s) by the percent10 of crumb rubber in the binder and the percent 11 binder in the mix multiplied by 2,000 (pounds per ton). The subsequent PTE can be derived by dividing the total pounds of crumb rubber by 12 (pounds per tire). 10 Usually 15-20 percent, subject to a minimum of 15 percent for the grant project(s). 11 Usually between 7-8 percent for asphalt rubber/field blend; 5 -6 percent for terminal blend.
12 Usually between 0.40 to 0.70 gal/yd 2.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 38

Menifee Mayor and City Council
March 20, 2024
Page
497 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 15
For Chip Seal Projects: the total pounds of crumb rubber can be derived by multiplying the total square yards of chip seal material used in the project(s) by the percent10 of crumb rubber in the binder and the spread rate12 multiplied by 8 (pounds per gallon)13. The subsequent PTE can be derived by dividing this total pounds of crumb rubber by 12 (pounds per tire).

4. Contractor Summary
List of all contractors and subcontractors that supplied rubberized asphalt materials for the project. For each contractor and subcontractor the following information must be included:
• Name of Firm
• Contact person
• Address
• Concise statement of work completed
• Time period in which the work was completed
• Amount paid
• A signed copy of the Reliable Contractor Declaration (CalRecycle 168) for the paving/prime contractor at the beginning of the project (subcontractors are optional).

Additionally, provide the subcontractor 14 for the following (if applicable):
• Binder Supplier
• Hot-Mix/Chip Seal Manufacturer
• California Crumb Rubber Provider

This form is available at the CalRecycle Grant Forms website (https://www.calrecycle.ca.gov/Funding/forms/ ).

6. Photographs (uploaded separately in GMS)
Two digital photographs of the completed project. Pre -construction photographs are highly recommended, however, not mandatory.

7. Project Acknowledgement (uploaded separately in GMS) Include a copy of your internet web page (or alternative) project acknowledgement, including the web address (URL). If signage alternative is 13 Eight (8) pounds per gallon is the nominal specific weight in a typical chip seal application.
14 Refer to your paving/prime contractor for this information.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 39

Menifee Mayor and City Council
March 20, 2024
Page
498 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 16
used, a digital photograph of the signage at the project site must be provided with the final report. Refer to the Acknowledgements section for more details.

Payment Calculation Summary Form
As part of the Payment Request submittal, a Payment Calculation Summary form (CalRecycle 748-TRP) must be uploaded in GMS. Complete the form, as appropriate.

Refer to your latest Approved Project Summary and Calculation sheet for the applicable version to use. Enter project names. If none, enter “Various Streets” . Do not list street names. Pounds of crumb rubber used and number of waste tires diverted can be calculated by completing this form. Samples of completed form are provided on the right two tabs of the form. Various options are displayed showing different ways to enter project names and group data for easy -to-follow calculations. The last tab (titled Regional Application Sample) illustrates a sample for a Regional Grant. ABC County is the Lead Participant and City of XYZ is the Non -Lead Participant, requesting reimbursement for a joint hot-mix project. One sample tab is provided for the form applicable to tribal entities. The form is available at the CalRecycle Grant Forms website (https://www.calrecycle.ca.gov/Funding/forms/ ). Save and upload the completed form as an Excel file. Do not save as a PDF file—it will not be accepted.

Grant Payment Information
• Payment to the grantee for eligible grant expenses is made on a r eimbursement basis only, and only for those materials and services specified in the approved Project Summary and Calculation sheet. Reimbursement will be determined by the actual cost, not to exceed the grant award amount . • The grantee may request reimbursement only twice during the Grant Term. In conjunction with (or after) submission of the Progress Report and in conjunction with the Final Report.
• The grantee must submit the required Progress Report/Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report.
• The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the “Payment Request and Documentation” section for completed project(s) only.
• CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
• CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, includi ng submission and Grant Manager approval of the Progress and Final Reports have been satisfied.
• CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date the Grant Manager approves a Grant Payment Request . • The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “ Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 40

Menifee Mayor and City Council
March 20, 2024
Page
499 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 17
commencement of work. See the “Reliable Contractor Declaration ” section in Terms and Conditions (Exhibit A) for more information.

Payment Request and Documentation
Failure to submit the final Payment Request with appropriate documentation by the due date may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant fundin g.

The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To submit a Grant Payment Request:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Document s button will appear in the lower right corner.

3. Click the Upload Supporting Document s button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded. a. Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

Supporting Documentation
• Grant Payment Request form (CalRecycle 87)
o A scanned copy with the signature of the signatory or his/her designee, as authorized by grantee’s Resolution or Letter of Commitment , must be uploaded to GMS.
▪ Note: A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager.
• Cost and Payment Documentation
o Acceptable cost and payment documentation must include at least one of each of the following.
▪ Approved construction progress payment authorizations that must include the vendor’s name and telep hone number, address, description of goods or services purchased, amount of hot-mix or chip seal material produced for the project, amount due , and date.

The claimed expenses should be highlighted and identified with applicable task number on each document . If approved
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 41

Menifee Mayor and City Council
March 20, 2024
Page
500 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 18
construction progress payment authorizations cannot be provided , other documentations such as invoices or receipts are adequate . o Proof of payment may include:
▪ copy of cancelled check(s) that shows an endorsement from the banking institution
▪ invoice(s) showing a zero balance, or stamped “paid” with a check number, date paid, and initials
▪ accounting system report from local government if it contains the vendor name, date of invoice, invoice number, check number or internal ID, and date amount was paid
▪ bank statement(s) along with a copy of the endorsed check or invoice showing the check number
▪ copy of an electronic funds transfer confirmation
▪ copy of a credit card statement(s)
o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs.

For a Regional Grant, the Lead Participant will be responsible for compiling all payment documentation from its Non -Lead Participant(s). • Payment Calculation Summary form (CalRecycle 748-TRP) o An Excel spreadsheet must be uploaded in GMS. You r reimbursement amount will be calculated and determined by completing this sheet. This amount will be entered in the Grant Payment Request form (CalRecycle 87). Refer to Payment Calculation Summary Form section for more information.
• Rubberized Pavement Certification form (CalRecycle 739-TRP) o A scanned copy must be uploaded in GMS. You must provide verification that only California-generated waste tires, processed in California were used (in an appropriate amount) in the crumb rubber portion of the project by signing and uploading this form via GMS. This form will b e completed by your Binder Supplier.
• Supporting Document to the Rubberized Pavement Certificate form (CalRecycle 739-TRP)
o Provide copies of supporting documentation that validates only California - generated waste tires, processed in California were used fo r this grant project. Acceptable forms of supporting documentation include Certificate of Compliance, Certificate of Origin, or Bill of Lading.

Request your Crumb Rubber Provider to supply this document.

Refer to your paving/prime contractor to determin e who your Binder Supplier and Crumb Rubber Provider is for the project(s).

All forms listed above are available either from the CalRecycle Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms) , on the Summary tab in the Resource Documents section of GMS, or through your CalRecycle Grant Manager .

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 42

Menifee Mayor and City Council
March 20, 2024
Page
501 of 1058

Procedures and Requirements
Rubberized Pavement Grant Program (FY 2023–24) 19
Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments if any relating to the Budget or the approved Project Summary and Calculation sheet, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, pers onnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices , and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more inform ation.

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 43

Menifee Mayor and City Council
March 20, 2024
Page
502 of 1058

Application
Application Information
Applicant:

City of Menifee
Cycle Name:

Rubberized Pavement Grant Program
Application Due Date:
9/13/2023
Cycle Code:

TRP16
Secondary Due Date:
10/24/2023
Grant ID:
27399
Grant Funds Requested:
$136,667.00
Matching Funds:
$0.00
(if applicable)
Awarded Funds:
$136,667.00
Project Summary:

The City's Pavement Management Program (PMP), established in 2008 upon incorporation, guides pavement rehabilitation projects based on available budget and desired goals. The proposed PMP projects have been budgeted for the 2024/2025 fiscal year.

The Menifee Road Resurfacing project is anticipated to start in late July 2024 and conclude by December 2024. This project would use approximately 6,000 tons of rubberized asphalt concrete and 65,000 square yards of rubberized chip seal.

The FY 24/25 Local Roads AC Resurfacing Program is anticipated to start in late July 2024 and conclude by June 2025.

This ARAM project would use approximately 2,000 tons of rubberized asphalt concrete and 17,222 square yards of rubberized chip seal.

The FY 24/25 Slurry Seal Program is anticipated to start in September 2024 and conclude by November 2024. This project would use approximately 31,111 square yards of rubberized chip seal.

All projects combined total 8,000 tons of rubberized asphalt concrete hot mix and 113,333 square yards of rubberized chip seal.

Applicant/Participant
Name:

City of Menifee
Lead:

X
Federal Tax ID:

Jurisdiction:

Menifee
County:

Riverside
Contacts
Prime
Second
Auth
Cnslt
Jenny McConville
Title: Management Analyst
X
Public Works

29844 Haun Road

Menifee, CA 92586
Phone: 9517233876

Fax:

Email: [email protected]
Carlos Geronimo
Title: Engineering Manager
X
Public Works

29844 Haun Road, Menifee, CA 92586

Menifee, CA 92586
Phone: 9517233722

Fax:

Email: [email protected]
Armando Villa
Title: City Manager
X
29844 Haun Road

Menifee, CA 92586
Phone: 9517233700

Fax:

Email: [email protected]
Budget
Category Name
Amount
Materials
$136,667.00
No Site Information Provided
Generated By: Jeremy Xiong
Grants Management System (GMS)

Page 1 of 3 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=27399 Date Generated: December 19, 2023 9:20 AM
Exhibit C
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 44

Menifee Mayor and City Council
March 20, 2024
Page
503 of 1058

Documents
Document Title
Received Date
Required
Application Certification
Application Certification
9/6/2023
Project Summary & Calculation
Project Summary & Calculation - Tier 1
9/1/2023
TDA Training Certificate of Completion
TDA Training Certificate of Completion - C. Geronimo
9/5/2023
Required By Secondary Due Date
Resolution/Letter of Commitment
Menifee City Council Resolution No. 21-1056
9/1/2023
Resolution/Letter of Commitment
Menifee City Council Resolution No. 21-1056
10/12/2023
Resolution/Letter of Commitment
City Council Resolution No. 21-1056 (corrected file)
10/12/2023
Other Supporting Document(s)
Draft Resolution
Inducement for Furthering Specific CalRecycle
and Environmental Goals
Inducement Letter
9/6/2023
Joint Powers Agreement
Letter of Designation
Memorandum of Understanding
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.

X
Applicant acknowledges that a Resolution is uploaded in the application. The Resolution must be approved by its governing body, which authorizes submittal of the application and designates a signature authority. If applicable, applicant has uploaded a Letter of Designation (LOD) designating an additional signature authority(ies).

EPPP
Does your organization and any participants have an Environmentally Preferable Purchasing and Practices (EPPP) Policy? X
Yes, our organization and any participants have an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual office or sub-unit of the larger entity.

Page 2 of 3 ends

https://secure2.calrecycle.net/GRANTS/Grant/Grant.aspx?GrantID=27399 Date Generated: December 19, 2023 9:20 AM
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 45

Menifee Mayor and City Council
March 20, 2024
Page
504 of 1058

Program Questions
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities or joint powers authorities that include charter cities, the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state funds for the project described in this application. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.

If any applicant or participating jurisdiction is a charter city or a joint powers authority that contains one or more charter cities, does Labor Code section 1782 prohibit those charter cities from receiving state funding for the project described in this grant application? Check the following, as applicable.

X
Not Applicable. This application does not include any charter cities.

Does the applicant certify that all crumb rubber used in the proposed project(s) will be derived from only California-generated waste tires and processed in California? (Must answer YES in order to be eligible) (x Yes) ( No)
Does the applicant certify that binder material used in all project(s) will contain a minimum of 300 pounds (or equivalent to [15%] by weight) of the tire- derived crumb rubber per ton of rubberized binder? (Must answer YES in order to be eligible) (x Yes) ( No)
No grant eligible costs may be incurred prior to execution of the Grant Agreement and issuance of the Notice to Proceed. You may plan and bid the project, however the placement/installation of the hot-mix or chip seal material may not occur prior to the date indicated in the Notice to Proceed. Any and all otherwise eligible costs that are incurred prior to the date indicated in the Notice to Proceed will not be reimbursed. Do you acknowledge that no costs will be paid for material placed or installed prior to the date indicated in the Notice to Proceed? (x Yes) ( No)
Did public works staff participate and successfully complete the required TDA training course? See the Tire-Derived Aggregate (TDA) Training Course Requirement in the Application Guidelines and Instructions document for more information. (Must answer YES in order to be eligible) X
Yes, a training certificate will be uploaded no later than the application due date, otherwise the application will be disqualified. We understand that a certificate from previous grant applications will not be accepted.

Does your organization (and participating entities if a joint/regional application) implement best management practices for its vehicle and equipment fleet? See the Vehicle and Equipment Fleet Requirement in the Application Guidelines and Instructions document for more information, including list of recommended practices. (Must answer YES in order to be eligible) X
Yes, our organization acknowledges and implements such practices, otherwise the application will be disqualified. (OPTIONAL) CalRecycle offers a ranking inducement for evaluating or adopting policies that further specific CalRecycle and environmental goals.

Refer to the Application Guidelines & Instructions document (page 10-13) for more details. Please indicate in the next four (4) questions if your organization will evaluate materials/products (via a letter) or adopt a policy. Will your organization commit to objectively reviewing and evaluating the use of RAC, TDA or retread tires for its vehicle and equipment fleet? X
Yes. A letter from the Signature Authority will be uploaded no later than the secondary due date. We understand that a Letter will only be allowed once and will not apply toward future solicitations under this grant. (OPTIONAL) Has your organization adopted a policy that rubberized asphalt concrete (RAC) is either the default material or that an alternative bid using rubberized material will be considered for all appropriate pavement projects? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.)
X
No
(OPTIONAL) Has your organization adopted a policy that tire-derived aggregate (TDA) is either the default material or that an alternative bid using TDA must be considered for all appropriate projects? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.) X
No
(OPTIONAL) Has your organization adopted a policy that it will use retread tires for all applicable fleet vehicles and equipment? (DO NOT upload your existing EPPP Policy or your Purchasing Policy.)
X
No

Page 3 of 3 ends

Menifee Mayor and City Council
March 20, 2024
Page
505 of 1058

State of California
Project Summary and Calculation – Tier 1
Department of Resources Recycling and Recovery (CalRecycle)

FOR APPLICATION USE ONLY
Applicant Name:

City of Menifee
Instructions: Calculation Summary
• Fill out white areas only, as appropriate. Enter applicant (business) name above. PLEASE NOTE - Grant Funds cannot exceed the following:
• ( For Individual Applications) An applicant can only apply for one category under RAC (1-3) and/or Chip Seal. • $250,000 for Individual Application ○ NOTE, if you had received six RAC grants and/or six Chip Seal grants, you are no longer eligible to apply for one or both of those respective projects. • $350,000 for Regional Application (lead/participant limited to no more than $250,000 of grant funds requested) ○ To determine Grant Category, click here to visit our grants database to generate a report. Select your county and "Tire Recycling Grants". • ( For Regional Applications) Select RAC-1 (column F) and/or enter Chip Seal square yards information (column J); regardless of number of previous grant. Hot-Mix Project(s) Subtotal: $80,000.00 • If applying for Hot-Mix project(s) only, complete "RAC" sections only (column B to G). Chip Seal Project(s) Subtotal: $56,666.50 • If applying for Chip Seal project(s) only, complete sections "Chip Seal" only (column B to E, and J). • If applying for Hot-Mix and Chip Seal projects, complete both "RAC" and "Chip Seal" sections (column B to G, and J). GRANT FUNDS APPROVED: $136,667.00 • Save and upload the completed document in GMS as an Excel file. Do not upload as a PDF file. It will not be accepted. (Enter this amount in the Detail Tab section of GMS; if this calculated amount is more than the max, enter the max in GMS ) • See Application Guidelines & Instructions for Category & Eligibility requirements. (Round all amounts to nearest whole dollar in GMS )

PROJECT NAME(S)
(if none, enter "Various Streets")
For Regional Application, must enter data
in the following format:

Project Name / Name of Lead or Participant

PROJECT
TYPE
(must select one)

MATERIAL
TYPE
(must select one)

PROPOSED

CONSTRUCTION

START DATE
(mm/yyyy)

RAC GRANT

CATEGORY
(# of previous RAC,
TRI, TRP Grants)
RAC-1: (0-1)
RAC-2: (2-3)
RAC-3: (4-5)

PROPOSED

AMOUNT OF

RAC HOT-MIX

MATERIAL
(tons)
(minimum total of
2,000 tons)
RAC

REIMBURSEMENT
RATE
(to be eligible,
maximum of 5 prev
TCS, TRI, TRP Grants
combined)
($ per ton)
RAC

GRANT AMOUNT

REQUESTED
(subtotal)

PROPOSED

AMOUNT OF

RUBBERIZED CHIP
SEAL

MATERIAL
(in square yards)
(minimum total of
40,000 sq yd)

CHIP SEAL

REIMBURSEMENT
RATE
(to be eligible,
maximum of 5 prev
TCS, TRP Grants
combined)
($ per square yard)

CHIP SEAL

GRANT AMOUNT

REQUESTED
(subtotal)

01. Menifee Road Resurfacing - Simpson Rd to McCall Blvd Hot-Mix and Chip Seal Asphalt-Rubber/Field Blend 07/2024 RAC-1 6,000.00 $10.00 60,000.00$ 65,000.00 $0.50 32,500.00$

02. FY 24/25 Local Roads AC Resurfacing Program Hot-Mix and Chip Seal Asphalt-Rubber/Field Blend 07/2024 RAC-1 2,000.00 $10.00 20,000.00$ 17,222.00 $0.50 8,611.00$

03. FY 24/25 Slurry Seal Program Chip Seal Asphalt-Rubber/Field Blend 09/2024 RAC-1 $10.00 0.00$ 31,111.00 $0.50 15,555.50$

04. $0.00 0.00$ $0.50 0.00$

05. $0.00 0.00$ $0.50 0.00$

06. $0.00 0.00$ $0.50 0.00$

07. $0.00 0.00$ $0.50 0.00$

08. $0.00 0.00$ $0.50 0.00$

09. $0.00 0.00$ $0.50 0.00$

10. $0.00 0.00$ $0.50 0.00$

11. $0.00 0.00$ $0.50 0.00$

12. $0.00 0.00$ $0.50 0.00$

13. $0.00 0.00$ $0.50 0.00$

14. $0.00 0.00$ $0.50 0.00$

15. $0.00 0.00$ $0.50 0.00$

16. $0.00 0.00$ $0.50 0.00$

17. $0.00 0.00$ $0.50 0.00$

18. $0.00 0.00$ $0.50 0.00$

19. $0.00 0.00$ $0.50 0.00$

20. $0.00 0.00$ $0.50 0.00$

21. $0.00 0.00$ $0.50 0.00$

22. $0.00 0.00$ $0.50 0.00$

23. $0.00 0.00$ $0.50 0.00$

24. $0.00 0.00$ $0.50 0.00$

25. $0.00 0.00$ $0.50 0.00$

26. $0.00 0.00$ $0.50 0.00$

27. $0.00 0.00$ $0.50 0.00$

28. $0.00 0.00$ $0.50 0.00$

29. $0.00 0.00$ $0.50 0.00$

Page 1 of 2 ends

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 47

Menifee Mayor and City Council
March 20, 2024
Page
506 of 1058

State of California
Project Summary and Calculation – Tier 1
Department of Resources Recycling and Recovery (CalRecycle)

FOR APPLICATION USE ONLY
Applicant Name:

PROJECT NAME(S)
(if none, enter "Various Streets")
For Regional Application, must enter data
in the following format:

Project Name / Name of Lead or Participant

PROJECT
TYPE
(must select one)

MATERIAL
TYPE
(must select one)

PROPOSED

CONSTRUCTION

START DATE
(mm/yyyy)

RAC GRANT

CATEGORY
(# of previous RAC,
TRI, TRP Grants)
RAC-1: (0-1)
RAC-2: (2-3)
RAC-3: (4-5)

PROPOSED

AMOUNT OF

RAC HOT-MIX

MATERIAL
(tons)
(minimum total of
2,000 tons)
RAC

REIMBURSEMENT
RATE
(to be eligible,
maximum of 5 prev
TCS, TRI, TRP Grants
combined)
($ per ton)
RAC

GRANT AMOUNT

REQUESTED
(subtotal)

PROPOSED

AMOUNT OF

RUBBERIZED CHIP
SEAL

MATERIAL
(in square yards)
(minimum total of
40,000 sq yd)

CHIP SEAL

REIMBURSEMENT
RATE
(to be eligible,
maximum of 5 prev
TCS, TRP Grants
combined)
($ per square yard)

CHIP SEAL

GRANT AMOUNT

REQUESTED
(subtotal)

30. $0.00 0.00$ $0.50 0.00$

31. $0.00 0.00$ $0.50 0.00$

32. $0.00 0.00$ $0.50 0.00$

33. $0.00 0.00$ $0.50 0.00$

34. $0.00 0.00$ $0.50 0.00$

35. $0.00 0.00$ $0.50 0.00$

36. $0.00 0.00$ $0.50 0.00$

37. $0.00 0.00$ $0.50 0.00$

38. $0.00 0.00$ $0.50 0.00$

39. $0.00 0.00$ $0.50 0.00$

40. $0.00 0.00$ $0.50 0.00$

41. $0.00 0.00$ $0.50 0.00$

42. $0.00 0.00$ $0.50 0.00$

43. $0.00 0.00$ $0.50 0.00$

44. $0.00 0.00$ $0.50 0.00$

45. $0.00 0.00$ $0.50 0.00$

46. $0.00 0.00$ $0.50 0.00$

47. $0.00 0.00$ $0.50 0.00$

48. $0.00 0.00$ $0.50 0.00$

49. $0.00 0.00$ $0.50 0.00$

50. $0.00 0.00$ $0.50 0.00$

Page 2 of 2 ends

Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 48

Menifee Mayor and City Council
March 20, 2024
Page
507 of 1058

This report is to be completed for each approved grant and forwarded along with approved council agenda staff report to the Finance Department.

FISCAL YEAR OF GRANT AWARD: _________________ DATE CITY COUNCIL APPROVED: ________________________ Grant Name: _____________________________________________ Granting Agency: __________________________ City Department: _________________________________________ City Grant Administrator: ____________________ Grant performance period: ________________ Type of Grant: ☐ State ☐ Federal ☐ Local ☐ Other: ________________ Grant Purpose/City Program:

If Federal Grant:

Federal Awarding Agency: ____________________ Federal CFDA Number: _____________________ If Pass-through Grant:

Pass-through Agency: ____________________ Pass-through Number: _____________________ Grant ID Number: ____________________
Grant Funding Period: ____________________ Amended Through: _____________________ Amount from Granting Agency: ____________________ Method of Funding: ____________________ City Matching Funds: ____________________ Frequency of Funding: ____________________ Total Grant Amount: ____________________ If other, please describe: ____________________ City Expenditure Account No: ____________________ City Revenue Account No: ____________________ Reporting Requirements:

Does the funding agency require a compliance audit? _____________________________________________ If yes, what kind of report? __________________________________________ Additional reporting required: ________________________________________ Does the funding agency require a copy of the Single Audit report? _____________________________________ Is this a federal grant (subject to Single Audit)? __________________________________________ Can grant funds be carried over to other fiscal years? __________________________________________ If yes, which years? __________________________________________ Is allocated interest a grant requirement? __________________________________________

CITY OF MENIFEE

GRANT SUMMARY REPORT

FINANCE DEPARTMENT
2023/24
3/20/2024
Cycle 16 Rubberized Pavement Management Program
CalRecycle
Engineering (CIP)
Carlos Geronimo
N/A
N/A
N/A
N/A
TRP16-23-0037
3/20/2024-4/1/2026
-
136,667
Reimbursement
-
136,667
-
301-4555-58200,301-4555-52801,301-4555-58011
301-3832
No
N/A
yes, see above.

No
No
No
FY2024/25, 2025/26
No
✔
3/20/2024 -4/1/2026
Funding for use of Rubberized Asphalt Concrete (RAC) for Menifee Rd (Simpson Rd to McCall Blvd) ($92,500), FY24/25 Local Roads AC Resurfacing ($28,611), and FY24/25 Slurry Seal Program ($15,556) CalTrans Reporting Requirements (See agreement)
Item Title: 10.12
California Department of Resources Recycling and Recovery Cycle 16 Rubberized Pavement Grant Acceptance Item Page Number: 49

Menifee Mayor and City Council
March 20, 2024
Page
508 of 1058

CITY OF MENIFEE
SUBJECT: Agreement and Bonds for Park and Associated Landscape Improvements for Tract Map 36658-4, Cimarron Ridge -
Planning Area 4B, by Pulte Home Company, LLC
MEETING DATE: March 20, 2024
TO: Mayor and City Council
PREPARED BY: Haile Ford, Senior Engineer
REVIEWED BY: Nick Fidler, Public Works Director
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager to execute a Landscape Improvement Agreement and bonds to guarantee the completion of required public park and associated landscape improvements for Tract Map 36658-4, Cimarron Ridge Planning Area 4B, by Pulte Home Company, LLC, located north of Rouse Road between Goetz Road and Valley Boulevard.

DISCUSSION
Tentative Tract Map 36658 (TTM 36658), approved by the City Council on October 21, 2015, is a subdivision of 240.3 gross acres into 756 single-family residential lots and 111 lots for park, landscape, monument signs, drainage, and storm drain purposes. TTM 36658 includes Planning Areas (PA) 1 through 7. Each planning area corresponds to a separate tract map. PA 4, also known as Tract Map 36658-4, is a 36.4-acre tract that includes a 25.5-acre / 81-lot single-family residential area (PA 4A), and a 10.9-acre public park (PA 4B) (“Project”). The Project is located north of Rouse Road between Goetz Road and Valley Boulevard.

Pulte Home Company, LLC, a California limited liability company (“Developer”), is now requesting the approval of a Landscape Improvement Agreement (LIA) and bonds as required by the Project’s conditions of approval. The LIA requires that improvement bonds are posted to guarantee the completion of the required improvements within 24 months (or 730 days) from the City Council approval date of the LIA.

Staff has reviewed the Developer’s request and determined that the LIA meets the requirements of the Project’s conditions. A summary of the bond being posted to guarantee the required improvements is shown in Table 1 on the following page.

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 1

Menifee Mayor and City Council
March 20, 2024
Page
509 of 1058

City of Menifee Staff Report
Park Improvements LIA – TM36658-4, Cimarron Ridge
March 20, 2024

Page 2 of 2 ends

2 0
6 8
Table 1 – Tract Map 36658-4, PA 4B Public Park and Associated Landscape Improvements Improvement Security Faithful Performance Material & Labor Landscape 59BSBJD9647 $ 4,445,720 $ 2,222,860
Total $ 4,445,720 $ 2,222,860

STRATEGIC PLAN OBJECTIVE
Safe and Vibrant Community

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. Project Map

2. Agreement

3. Bonds
Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 2

Menifee Mayor and City Council
March 20, 2024
Page
510 of 1058

3.0-6
Figure 3.1-1
Conceptual Development Plan
Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 3

Menifee Mayor and City Council
March 20, 2024
Page
511 of 1058

AGREEMENT

FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS
PARK in PLANNING AREA 4 of TRACT MAP 36658 (TM36658-4)
This Agreement for Construction of Landscape Improvements ("Agreement") is made and entered into by and between the City of Menifee, State of California, hereinafter called "City," and Pulte Home Company, LLC, hereinafter called "Developer."
WITNESSETH:

Fl RST: Developer, as part of the City's consideration of the final map for that certain land division known as the park in Planning Area 4 of TM36658-4 ("Final Map), hereby agrees, at Developer's own cost and expense, to furnish all labor, equipment and materials necessary to perform and complete, within Seven Hundred and Thirty Days from the date this Agreement is executed, in a good and workmanlike manner, all landscape improvements in accordance with those plans for said land division which have been approved by the City Engineer, a copy of which are on file in the office of the City of Menifee Engineering Department, and do all work incidental thereto in accordance with the standards set forth in Riverside County Land Use Ordinance No. 348, City of Menifee Ordinance No. 2018-251 and Menifee Municipal Code Ordinance No. 2009-61 establishing Chapter 15.04 of the Menifee Municipal Code establishing Landscape Water Use Efficiency Requirements and Repealing Riverside County Ordinance No. 859, and City Standards and Specifications, as amended, or its successor, which are hereby expressly made a part of this Agreement. At its sole discretion, City may extend the period of time for completion of the work by providing written notice to Developer of said extension. To be effective such notice must be provided by the City Engineer. Such notice may be provided as specified in Section Nineteenth or via electronic mail to Developer at [email protected]. All the above required work shall be done under the inspection of and to the satisfaction of the City Engineer and shall not be deemed complete until approved and accepted in writing as complete by the City Engineer. Developer further agrees to maintain the above required improvements for a period of one (1) year following acceptance by the City, and during this one (1) year period to repair or replace, to the satisfaction of the City Engineer, any defective work or labor done or defective materials furnished.

Developer further agrees that all underground improvements covered by this Agreement shall be completed prior to the paving of any roadway. The estimated cost of said work and improvements is the sum of Four Million Four Hundred and Forty-Five Thousand Seven Hundred Twenty and no/100, Dollars $4.445,720.00, ("Estimated Cost"). Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the work and performance of Developer's obligations under this Agreement.

Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer.

SECOND: Developer agrees to pay to City the actual cost of such inspections of the work and improvements as may be required by the City Engineer. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the work performed pursuant to this Agreement, including, but not limited to fees for checking, filing, and processing of improvement plans and specifications and for inspecting the construction of said work. These fees must be paid in full prior to approval of the Final Map and improvement plans, unless such fees have not yet been assessed and are not yet due and payable.

The fees referred to the above are not necessarily the only City fees, charges, or other cost that have been or will be imposed on the subdivision and its development, and this Agreement shall in no way exonerate or relieve Developer from paying such other applicable fees, charges and/or cost. Developer further agrees that, if suit is brought upon this Agreement or any bond guaranteeing the completion of the landscape improvements, all costs and reasonable expenses and fees incurred by City in successfully enforcing such obligations shall be paid by Developer, including reasonable attorneys' fees, and that, upon entry of judgment, all such costs, expenses and fees shall be taxed as costs and included in any judgment rendered. Developer, not the City, shall be legally responsible for making any payment and/or taking any action required by any such judgment.

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 4

Menifee Mayor and City Council
March 20, 2024
Page
512 of 1058

THIRD: City shall not, nor shall any officer or employee of City, be liable or responsible for any accident, loss, injury, or damage happening or occurring to the works specified in this Agreement prior to the completion and acceptance thereof, nor shall City or any officer or employee thereof, be liable for any persons or property injured or damage by reason of the nature of the work, or by reason of the acts or omissions of Developer, its agents or employees, in the performance of the work, and all or said liabilities are assumed by Developer.

Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, administrative action of any federal, state, or local government body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the work contemplated under this Agreement, or performance of this Agreement. This indemnification includes, without limitation, the payment of ,;lll penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, volunteers, and/or agents for all legal expenses, and cost incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused by the negligence or willful misconduct of City as determined by a court or administration body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, agents, or volunteers.

FOURTH: The Developer hereby grants to City, or any agent or employee of City, the irrevocable permission to enter without any additional consent upon the lands of the subject land division for the purpose of completing the improvements. This permission shall terminate in the event that Developer has completed work within the time specified or any extension thereof granted by the City. Under such circumstances, Developer shall be responsible for any and all expenses, costs, liabilities, and fees, including attorneys' fees and litigation cost, ("Completion Costs") incurred by the City in connection with ensuring that the work contemplated by this Agreement is completed. Developer shall remit such Completion Costs to the City no more than thirty (30) days of the date that the City notifies Developer of such Completions Costs. Failure to remit the Completion Costs in a timely matter shall result in the City having the right to invoke any remedy provided by law including the encumbrance of the any property owned by Developer in the amount equal to any unpaid Completion Costs.

FIFTH: The Developer shall provide adequate notice and warning to the traveling public of each and every hazardous or dangerous condition caused or created by the construction of the works of improvement at all times up to the completion and formal acceptance of the works of improvement. The Developer shall protect all persons from such hazardous or dangerous conditions in compliance with State law regulations and standards for traffic regulatory control methods, including, but not limited to, stop signs, regulatory signs or signals, barriers, or detours.

SIXTH: Developer, its agents, and employees, shall give written notice to the City Engineer at least forty-eight (48) hours before beginning any work. Developer shall provide the City Engineer or his designee reasonable access to facilities for obtaining full information with respect to the progress and manner of work and shall fully cooperate with any investigation regarding the same.

SEVENTH: If Developer (including its agents and employees) neglects, refuses, or fails to prosecute the work with such diligence as to ensure its completion within the specified time, or within such extensions of time which have been granted by City, or if Developer violates, neglects, refuses, or fails to perform satisfactorily any of the provisions of the plans and specifications, Developer shall be in default of this Agreement and notice of such default shall be served upon Developer. City shall have the power, on recommendation of the City Engineer, to terminate all rights of Developer as a result of such default, but said termination shall not affect or terminate any rights of City as against Developer or any surety then existing or which thereafter accrue because of such default. The determination by the City Engineer of the question as to whether any of the terms of the Agreement or specifications have been violated, or have not been performed satisfactorily, shall be conclusive upon the Developer and any surety, and any and all parties who may have any interest in the Agreement or any portion thereof. The foregoing provisions of this section shall be in Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 5

Menifee Mayor and City Council
March 20, 2024
Page
513 of 1058

addition to all other rights and remedies available to City under this Agreement or the law. The failure of the Developer to commence or complete construction shall not relieve the Developer or surety from completion of the improvements required by this Agreement.

EIGHTH: Developer agrees to file with City, prior to the date that this Agreement is executed, both a good and sufficient improvement security in an amount not less than the Estimated Costs of the work and improvements for the faithful performance of the terms and conditions of this Agreement, and good and sufficient security for payment of labor and materials with the City of Menifee to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. Developer agrees to renew each and every said bond or bonds with good and sufficient sureties or increase the amount of said bonds, or both, within ten (1 O) days after being notified by the City Engineer that the sureties or amounts are insufficient. Notwithstanding any other provisions herein, if Developer fails to take such action as is necessary to comply with said notice, Developer shall be in default of this Agreement unless all required improvements are completed within ninety (90) days of the date on which the City Engineer notified Developer of the insufficiency of the security or the amount of the bonds or both.

NINTH: It is further agreed by and between the parties hereto, including the surety or sureties on the bonds securing this Agreement, that, in the event it is deemed necessary to extend the time of completion of the work contemplated to be done under this Agreement, extensions of time may be granted in writing, from time to time, by City, either at its own option, or upon request of Developer, and such extensions shall in no way affect the validity of this Agreement or release the surety or sureties on such bonds. Developer further agrees to maintain the aforesaid bond or bonds in full force and effect during the terms of this Agreement, including any extensions of time as may be granted therein.

TENTH: It is understood and agreed by the parties hereto that if any part, term or provision of this Agreement is by the courts held to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain that particular part, term or provision held to be invalid.

ELEVENTH: This Agreement contains the entire Agreement of the parties as to the matters set forth herein. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

TWELFTH: In any action or proceeding arising out of this Agreement, or the transactions contemplated hereby, the prevailing party therein shall be entitled to recover from the other party thereto the reasonable attorneys' fees, court costs, filing fees, publication cost and other expenses incurred by the prevailing party in connection therewith.

THIRTEENTH: This Agreement may be amended at any time by the mutual consent of the parties by a written instrument signed by both parties.

FOURTEENTH: The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement.

FIFTEENTH: Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecate, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecate, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. In the event that City consents in writing to such an assignment, any assignee, hypothecate, or transferee shall expressly assume Developer's obligations hereunder by a written agreement in a form, and containing such surety, as is reasonably acceptable to City. Any agreement, hypothecation, or transfer shall be to the satisfaction of the City Attorney and shall include provisions requiring the assignee to post bonds or submit another form of financial security, satisfactory to City and approved by the City Attorney, to guarantee construction of the work covered by this Agreement. The Agreement shall Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 6

Menifee Mayor and City Council
March 20, 2024
Page
514 of 1058

survive the recordation of the Final Map and shall be recorded against each of the proposed lots to inform successors and assigns of the required work covered by this Agreement to be constructed and their time frame for construction. Following any permitted assignment, hypothecation, or transfer of the work covered by this Agreement, as set forth in this Section, City shall release Developer from its obligations so assigned and shall release to Developer any bonds or other security posted to secure the work covered by this Agreement so assigned; provided, however, that City shall not release any security or undertakings given to secure the performance of any of the work covered by this Agreement not assigned, hypothecated, or transferred.

SIXTEENTH: Developer shall perform all work contemplated by this Agreement in accordance with all approved maps, conditions, plans, specifications, standard drawings, and special amendments thereto on file with the City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements. Developer and its contractors, if any, shall perform all work required to construct all work performed pursuant to this Agreement in a skillful and workmanlike manner, and consistent with the standards general recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

SEVENTEENTH: This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instruments.

EIGHTEENTH: This Agreement is to be governed by the laws of the State of California.

NINETEENTH: Any notice or notices required or permitted to be given pursuant to this Agreement shall be served on the other party by mail, postage prepaid, at the following addresses:

City
City of Menifee
Attn: City Engineer
29844 Haun Road
Menifee, CA 92586
Developer
Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo, CA 92691
Attn: Patric Lynam
TWENTIETH: City's failure to insist upon strict compliance with any prov1s1on of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional.

TWENTY-FIRST: Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the parties, and their successors, heirs, personal representatives, or assigns.

This Section shall not be construed as an authorization for any party to assign any right or obligation.

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 7

Menifee Mayor and City Council
March 20, 2024
Page
515 of 1058

IN WITNESS WHEREOF, Developer has affixed his name, address , and seal.

Dated: [-ebt� 8 , 2024
Dated: ________ , 2024

CITY OF MENIFEE
By ____________ _
Armando G. Villa, City Manager
ATTEST:

By ____________ _
Sarah Manwaring, City Clerk
By: Pulte Home Company, LLC
Patric Lynam, Division Director of Land Planning and Entitlement

CITY OF MENIFEE
By:-------------
Alberto Paiva , Deputy Public Works Director/
City Engineer
APPROVED AS TO FORM:

By: ___________ _
Jeffrey T. Melching , City Attorney

SIGNATURES OF DEVELOPER MUST BE ACKNOWLEDGED BY NOTARY
Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 8

Menifee Mayor and City Council
March 20, 2024
Page
516 of 1058

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of OlrtvVlse✓ }
On F--ehv� ¥'.,, 2--02-i-/
ate
before me, --r4,y for y,/1.een Bl eek., ( Noti?-ry Pll..bl1'c,, J Here Insert Name and Title of the offfcer
personally appeared -----�P_0c_+_1r�1�· ��L,-Y�h,_.ot.A'.Y)��-------------- Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(ll whose name(� is/.aFe subscribed to the within instrument and acknowledged to me that he/sl=le/.t.Rey executed the same in his.4:ler.4fiel.r authorized capacity(-ies), and that by his/-l:ter/�r signature(� on the instrument the person(�. or the entity upon behalf of which the person{Ji acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal and/or Stamp Above
Signatur� �(IV�
Signature of Notary Public

OPTIONAL
Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document: A-.9 Y-�n+--h>v ±bL C,t> n sfnLdi 6 h of- La.«,d,.se,4.f-e, :::)::4Y1pY'OV-e,h-7e,,11:.J. J c-
Document Date: _____________________ Number of Pages: __ ..> __ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s)
Signer's Name: ____________ _
□ Corporate Officer - Title(s): _______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
Signer's Name: ____________ _
□ Corporate Officer - Title(s): _______ _
□ Partner - □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian or Conservator
□ Other:

Signer is Representing: _________ _
�1e1•!SOJ�
©2019 National Notary Association
Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 9

Menifee Mayor and City Council
March 20, 2024
Page
517 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 10

Menifee Mayor and City Council
March 20, 2024
Page
518 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 11

Menifee Mayor and City Council
March 20, 2024
Page
519 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 12

Menifee Mayor and City Council
March 20, 2024
Page
520 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 13

Menifee Mayor and City Council
March 20, 2024
Page
521 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 14

Menifee Mayor and City Council
March 20, 2024
Page
522 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 15

Menifee Mayor and City Council
March 20, 2024
Page
523 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 16

Menifee Mayor and City Council
March 20, 2024
Page
524 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 17

Menifee Mayor and City Council
March 20, 2024
Page
525 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 18

Menifee Mayor and City Council
March 20, 2024
Page
526 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 19

Menifee Mayor and City Council
March 20, 2024
Page
527 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 20

Menifee Mayor and City Council
March 20, 2024
Page
528 of 1058

Item Title: 10.13
Agreement

and

Bonds

for

Park

and

Associated

Landscape

Improvements

for

Tract

Map

36658-4,

Cimarron

Ridge

-
Planning Area 4B, by Pulte Home Company, LLC
Item Page Number: 21

Menifee Mayor and City Council
March 20, 2024
Page
529 of 1058

CITY OF MENIFEE
SUBJECT: Cimarron Ridge Specific Plan
MEETING DATE: March 20, 2024
TO: Mayor and City Council
PREPARED BY: Orlando Hernandez, Deputy Community Development Director REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Armando G. Villa, City Manager
APPLICANT: Patric Lynam, Pulte Home, Company LLC
--------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Adopt a resolution adopting an Addendum to the Certified Final Environmental Impact Report (State Clearinghouse No. 2014051029) for Tentative Tract Map No. 36658, Cimarron Ridge Specific Plan (SP 2013-247) located south of McLaughlin Road, east of Goetz Road, and west of Valley Boulevard; and

2. Introduce an ordinance approving Specific Plan Amendment No. PLN23-0060; and

3. Adopt a resolution approving Major Modification No. PLN22-0246 to TTM No. 36658 located in Planning Area (PA)-4, PA-5, and PA- 6 of the Cimarron Ridge Specific Plan; and

4. Introduce an ordinance approving the Cimarron Ridge Development Agreement Amendment No. PLN23-0241.

DISCUSSION
At the February 28, 2024, Planning Commission meeting, the Planning Commission voted (4-0-1, Commissioner Madrid recused himself) to adopt Resolution No. PC24-621, recommending the City Council adopt the Addendum to the Cimarron Ridge Final Environmental Impact Report (“FEIR”) and recommending the City Council approve all the entitlements for the project. There were no public speakers in opposition or in favor of the project.

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 1

Menifee Mayor and City Council
March 20, 2024
Page
530 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 2 of 11 ends

1 9
6 7
Project Description
SPA No. PLN23-0060 “Cimarron Ridge”
The amendment of the Cimarron Ridge Specific Plan (SP 2013-247) adopted October 21, 2015, which proposes changes throughout the Specific Plan to accommodate the Major Modification (“MJMOD”) for TTM No. 36658 listed on the following page.

MJMOD No. PLN22-0246 (TTM No. 36658)
The proposed modifications to the previously approved tract map are as follows:

Proposes to transfer 49 residential lots from Planning Area (PA)-4 to PA-5 and transfer the 10.19- acre park from PA-5 to PA-4. The modifications do not propose any increase in density as a result of these revisions.

PA-4 would consist of 81 residential lots and include a 10.19-acre park consisting of active and passive uses and amenities, which include a dog park, concession/bathroom building, baseball/softball fields, a multi-purpose field, perimeter walking trails, all-inclusive play structure, and 101 off-street parking spaces. PA-5 would consist of 151 single-family residential lots, a 1.5- acre private recreation area, and a 1.2-acre private pickleball facility in conjunction with PA-6, which proposes 96 residential lots. Both PA-5 and PA-6 would be age restricted, gated communities. The streets of PA-5 and PA-6 of TTM No. 36658 would be converted from public streets to private streets. The design of the intersection of Smokey Quartz Street and Goetz Road would be revised to accommodate the proposed gated entry and turnaround. Gates would also be added to the east entry of PA-5 on Byers Road and the north entry on McLaughlin Road. The proposed modifications to the TTM would not add or reduce the approved number of residential lots.

Development Agreement Amendment No. PLN23-0241 (2014-002) The City and Developer entered into a Development Agreement (DA) between the City of Menifee and Cimarron Ridge, LLC on June 7, 2017. As part of the amendment to the Cimarron Ridge Specific Plan, the DA would be amended to align with the changes proposed as part of the MJMOD to TTM No. 36658 and the Cimarron Ridge SPA.

Project Background
On October 21, 2015, the City Council approved the first reading of SP 2013-247. On October 21, 2015, the City Council also certified the FEIR and adopted a Statement of Overriding Considerations, approved the General Plan Amendment, Change of Zone, Tentative Tract Map, and Tentative Parcel Map for the project. The original approval was for a total of 756 single-family homes and the amendment is for the same number of homes.

More recently, in May of 2023, a Minor Amendment to the Development Agreement was executed administratively to adjust the timing of completion of specific travel way improvements. More specifically, the request was to transfer the timing completion of travel way improvements of Goetz Road from Thornton Ave. to White Quartz/Valley Blvd. White Quartz would be completed from Thornton Ave. to Goetz Road as an alternative north/south connection.

Since the approval of the Specific Plan, the entire property was mass graded and significant infrastructure has been installed. It includes storm drain systems, water mains, main sewer lines, and street improvements to serve the general area. The original DA requires the installation of a Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 2

Menifee Mayor and City Council
March 20, 2024
Page
531 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 3 of 11 ends

1 9
6 7
traffic signal at Valley Blvd and Thornton Road and the construction was recently completed at the end of February. PA-1 and PA-2 are under construction and some of the homes have been released for occupancy. It is anticipated that the construction in PA-6 will start in Spring of 2024.

Location
The Project is approximately 240.3 acres and is located south of McLaughlin Road, east of Goetz Road, and west of Valley Boulevard.

Project Location
General Plan/Zoning
The existing Zoning and General Plan Land Use Designation of the site is SP 2013-247. The Specific Plan has a land use designation of Medium Density Residential (MDR) with a density range of 2.1-5.0 units per acre. This density allows for traditional single-family residential homes at various lot sizes. Surrounding General Plan Land Use designations include 2.1-5.0 Dwelling Units per Acre to the south and east, Public Utility Corridor (PUC) and Economic Development Corridor (EDC) to the north, and the City of Perris to the west with land use designations of Single-Family Residential (R-20,000), Single-Family Residential (R-6,000), and Open Space. These land use designations and those within the City of Perris are compatible with those proposed for the site. The Zoning McLaughlin Rd
Goetz Rd Valley Blvd
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 3

Menifee Mayor and City Council
March 20, 2024
Page
532 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 4 of 11 ends

1 9
6 7
classification of the Project site is Low Density Residential (LDR-2) and is consistent with the General Plan Designation of 2.1-5 Dwelling Units per Acre and surrounding zoning classifications.

General Plan/Zoning Map
Amendment to Specific Plan, PA-4 and PA-5
The Project modification proposes transferring 49 single-family residential lots from PA-4 to PA-5 and transferring the 10.19-acre park from PA-5 to PA-4. The relocation of the park to PA-4 will be more centrally located, making it more convenient for people to walk to the park from all residential Planning Areas. Additionally, this change would not have any impact or change in Project density or unit count. As a result of the change, PA-4 will have 81 single-family residential lots and include Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 4

Menifee Mayor and City Council
March 20, 2024
Page
533 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 5 of 11 ends

1 9
6 7
the 10.19-acre park consisting of active and passive uses and amenities, including 101 off-street parking spaces, a dog park, concession/bathroom building baseball/softball fields, shaded picnic structures, and shaded all-inclusive play area. PA-5 will now consist of 151 single-family residential lots, a 1.5-acre recreation area, and a 1.2-acre amenity that includes a pickleball facility that will be available for residents in PA-6 for recreational use. PA-6 proposes 96 single-family residential lots.

Both PA-5 and PA-6 will be age restricted, gated communities. The amendment changes the streets of PA-5 and PA-6 of TTM No. 36658 from public streets to private streets. The design of the intersection of Smokey Quartz Street and Goetz Road will be revised to accommodate the proposed gated entry and turnaround. Gates will also be added to the east entry of PA-5 on Byers Road and the north entry on McLaughlin Road.

As a result of the amendments listed above, numerous pages throughout the Specific Plan need to be updated to reflect the relocation of the park and the transferring of the lots. The revised land use plan is proposed as follows:

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 5

Menifee Mayor and City Council
March 20, 2024
Page
534 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 6 of 11 ends

1 9
6 7
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 6

Menifee Mayor and City Council
March 20, 2024
Page
535 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 7 of 11 ends

1 9
6 7
MJMOD to TTM No. 36658
The modifications are proposed for all streets servicing PA-5 and PA-6, which will be converted from public streets to private streets. The design of the intersections for PA-5 and PA-6 will be revised to accommodate the proposed gated entry turnarounds for the gate additions. The proposed gates will be located at the entrances of Byers Road, east of PA-5, McLaughlin Road, north of PA- 5, and Smokey Quartz Street, south of PA-5 and PA-6. See the image below for visual clarification.

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 7

Menifee Mayor and City Council
March 20, 2024
Page
536 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 8 of 11 ends

1 9
6 7
DA Amendment
As part of the amendments and revisions to SP 2013-247and MJMOD to TTM No. 36658, the DA has been revised to reflect the changes proposed as part of this SPA. The changes to the DA will reflect the relocation of the 10.19-acre park from PA-5 to PA-4, the relocation of 49-single-family residential lots from PA-4 to PA-5, addition of gated entry to PA-5 and PA-6 with gates located on McLaughlin Road, Byers Road, and Goetz Road. On February 13, 2024, the Finance Committee reviewed the proposed amendment to the DA and recommended approval to the City Council.

Cimarron Ridge Conceptual Community Park Layouts for PA-4, and PA-5 The 10.19-acre main public park located in PA-4 is substantially the same as it was originally approved. Some modifications were requested by the Community Services Department and the conceptual plan was approved by the Parks, Recreation, and Trails Commission (PRTC) on November 2, 2023. The pocket park and recreational facility located in PA-5 is exclusively for the use of the residents in PA-5 and PA-6 which are two age restricted communities.

Conceptual Park (PA-4)
On November 2, 2023, the 10.19-acre conceptual park for Cimarron Ridge was presented at the PRTC meeting for review and discussion of the park plan and was approved unanimously for the allowance of two baseball/softball fields, one multipurpose field, MUSCO lighting for all fields, a concession/restroom building, shaded playground, dog park, two picnic shade structures, perimeter walking trails and 101 off-street parking spaces.

Conceptual Park
Pickleball Park (PA-5)
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 8

Menifee Mayor and City Council
March 20, 2024
Page
537 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 9 of 11 ends

1 9
6 7
A 1.2-acre pickleball facility will be located within PA-5. This fenced facility will be private as part of the age restricted communities within PA-5 and PA-6. The surrounding court area will be landscaped with trees, turf, and walkways throughout. South of the courts, a small area for social gatherings and a dog park for residents is proposed.

Pickleball Park
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 9

Menifee Mayor and City Council
March 20, 2024
Page
538 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 10 of 11 ends

1 9
6 7
Recreation Center (PA-5B)
A 1.5-acre recreation center will be located within PA-5B. The private recreation center will be used by the residents of PA-5B and PA-6. The recreation center proposes to include on-site parking, a lap-pool with seating niches, restrooms, meeting room, turf event area, outdoor dining area, BBQ and produce garden.

Recreation Center
Environmental Determination
The City of Menifee is the lead agency under the California Environmental Quality Act (CEQA). On October 21, 2015, the City certified the FEIR for SP 2013-247 (approved Project), State Clearinghouse (SCH) No. 2014051029, in compliance with CEQA Guidelines. The Addendum can be accessed for review on the City website at https://www.cityofmenifee.us/325/Environmental- Notices-Documents.

Following preliminary review of the proposed Project, the City, as the Lead Agency, determined it is subject to CEQA Guidelines and regulations (Public Resources Code [PRC] Sections 21000– 21177). The City has prepared this Addendum to the Cimarron Ridge Specific Plan FEIR to analyze the potential impacts associated with the proposed project (SPA) and satisfy the requirements of CEQA Guidelines Section 15164, Addendum to an EIR or Negative Declaration.

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 10

Menifee Mayor and City Council
March 20, 2024
Page
539 of 1058

City of Menifee City Council
Cimarron Ridge SPA, MJMOD, DA Amendment
March 20, 2024

Page 11 of 11 ends

1 9
6 7
The analysis presented in the Addendum substantiates that the FEIR for the Specific Plan is sufficient to satisfy CEQA requirements for the approval of the proposed Project. That is, implementation and operation of the proposed Project described in the Addendum would not result in any new or substantially more severe environmental impacts than were previously considered and addressed in the FEIR. Further, the Project would implement all applicable mitigation measures presented in the FEIR. As such, potential environmental impacts of the Project are considered to be adequately and appropriately addressed by analysis presented in the FEIR. The Project does not require any major revision of the Certified FEIR, nor would the Project result in conditions that would require preparation of a Subsequent or Supplemental EIR as described in Sections 15162 and 15163 of the CEQA Guidelines. Consequently, the previous Mitigation Monitoring and Reporting Program (MMRP) remains valid, and it is included as Appendix A to the proposed Addendum to the FEIR for Cimarron Ridge Specific Plan.

Public Notice
The proposed Project was noticed on March 10, 2024, within The Press Enterprise. Notices were also mailed to property owners within a 300-foot radius of the project site and other individuals requesting notification of the hearing. On-site posting was also provided. All relevant public agencies were also notified of the public hearing.

STRATEGIC PLAN OBJECTIVE
Thriving Economy

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions.

ATTACHMENTS

1. Project Exhibits - Revised Tract Map

2. Resolution – FEIR Addendum

3. Exhibit A - Addendum to Cimarron Ridge Specific Plan

4. Ordinance – SPA

5. Exhibit A – Specific Plan Modifications

6. Resolution – MJMOD to TTM No. 36658

7. Exhibit A – Conditions of Approval

8. Ordinance– DA Amendment

9. Exhibit A – Revised Amendment

10. Public Hearing Notice
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 11

Menifee Mayor and City Council
March 20, 2024
Page
540 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 12

Menifee Mayor and City Council
March 20, 2024
Page
541 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 13

Menifee Mayor and City Council
March 20, 2024
Page
542 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 14

Menifee Mayor and City Council
March 20, 2024
Page
543 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 15

Menifee Mayor and City Council
March 20, 2024
Page
544 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 16

Menifee Mayor and City Council
March 20, 2024
Page
545 of 1058

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 17

Menifee Mayor and City Council
March 20, 2024
Page
546 of 1058

RESOLUTION NO. 24-_________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,

CALIFORNIA ADOPTING AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2014051029) FOR CIMARRON RIDGE SPECIFIC PLAN AMENDMENT (PLN23-0060), MAJOR MODIFICATION TO TENTATIVE TRACT MAP NO. 36658 (PLN22-0246) AND DEVELOPMENT AGREEMENT AMENDMENT (PLN 23-0241)
WHEREAS, on October 12, 2022, the applicant, Pulte Home Company LLC, filed a formal application with the City of Menifee for the approval of the Cimarron Ridge Specific Plan Amendment (SPA) No. PLN23-0060, Major Modification (MJMOD) to Tentative Tract Map (TTM) No. 36658 (PLN22-0246) and Development Agreement (DA) Amendment No. PLN23-0241; and WHEREAS, the City is the Lead Agency under the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq.; and
WHEREAS, collectively, all the applications are referred to as the “Project”; and WHEREAS, the approval of the Project constitutes a discretionary approval, which is part of a “project” as that term is defined in CEQA Guidelines § 15378 and which itself requires review under CEQA; and
WHEREAS, on October 21, 2015, the City certified a Final Environmental Impact Report (FEIR), Technical Studies, and Mitigation Monitoring and Reporting Plan (MMRP) (State Clearinghouse No. 2014051029) for the Cimarron Ridge Specific Plan to analyze and mitigate the project's potentially significant environmental impacts; and WHEREAS, in connection with the proposed Project, an Addendum to the Cimarron Ridge Specific Plan FEIR (herein referred to as the “Addendum”), a copy of which is on file with the Community Development Department and attached as Exhibit “A”, has been prepared pursuant to the provisions of Section 15164 of the CEQA Guidelines in order to determine whether any significant environmental impacts which were not identified in the Cimarron Ridge Specific Plan FEIR would result from the proposed Project or whether previously identified significant impacts would be substantially more severe in connection with the proposed Project; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on February 28, 2024 and recommended the adoption of the Addendum, where the public was allowed to comment on the proposed Project including the Addendum to the FEIR; and WHEREAS, the City Council conducted a duly noticed public hearing on March 20, 2024, where the public was allowed to comment on the proposed Project including the Addendum to the FEIR; and
WHEREAS, the City Council has carefully considered all of the comments received from the public as well as the information provided by City staff regarding environmental review.

NOW, THEREFORE, the City Council of the City of Menifee resolves as follows:

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 18

Menifee Mayor and City Council
March 20, 2024
Page
547 of 1058

Cimarron Ridge – Addendum to FEIR (SPA, MJMOD & DA Amendment) March 20, 2024
4 8
2 4
3 Section 1. That the Addendum was prepared for the proposed Project in compliance with the requirements of CEQA and the CEQA Guidelines.

Section 2. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum, none of the conditions described in Sections 15162 or 15163 of the CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report (EIR) or negative declaration have occurred; specifically:

1. There have not been any substantial changes in the Project that require major revisions of the Cimarron Ridge Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

2. There have not been any substantial changes with respect to the circumstances under which the proposed Project is undertaken that require major revisions of the Cimarron Ridge Specific Plan FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

3. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Cimarron Ridge Specific Plan FEIR was certified as complete and adopted, that shows any of the following:
(a) The proposed Project will have one or more significant effects not discussed in the Cimarron Ridge Specific Plan FEIR;
(b) Significant effects previously examined will be substantially more severe than shown in the Cimarron Ridge Specific Plan FEIR;
(c) Mitigation measures or alternatives previously found not to be feasible would, in fact, be feasible and would substantially reduce one or more significant effects of the proposed Project, but the project proponent declines to adopt the mitigation measures or alternatives;
(d) Mitigation measures or alternatives which are considerably different from those analyzed in the Cimarron Ridge Specific Plan FEIR would substantially reduce one or more significant effects on the environment, but the Project proponent declines to adopt the mitigation measures or alternatives.

Therefore, the previous MMRP remains valid, and it is included as Appendix A to the proposed Addendum to the FEIR for Cimarron Ridge Specific Plan.

Section 3. In connection with the proposed Project and this City Council’s review of the Addendum to the Cimarron Ridge Specific Plan FEIR, the City Council has independently reviewed the Addendum and has exercised its independent judgment in making the findings and determinations set forth herein.

Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 19

Menifee Mayor and City Council
March 20, 2024
Page
548 of 1058

Cimarron Ridge – Addendum to FEIR (SPA, MJMOD & DA Amendment) March 20, 2024
4 8
2 4
3 Section 4. Pursuant to the above findings, this City Council determines that the Cimarron Ridge Specific Plan FEIR, together with the Addendum, satisfy all the requirements of CEQA and are adequate to serve as the required environmental documentation for the proposed Project and, therefore, adopts the Addendum to the Cimarron Ridge Specific Plan FEIR for the proposed Project.

Section 5: Location and Custodian of Record of Proceedings. The Community Development Department of the City of Menifee, located at 29844 Haun Road, Menifee, CA 92586, is hereby designated as the custodian of the documents and other materials which constitute the record of proceedings upon which the City Council’s resolution is based, which documents and materials shall be available for public inspection and copying in accordance with the provisions of the California Public Records Act (Government Code §§ 6250 et seq.) during normal business hours.

PASSED, APPROVED AND ADOPTED this 20th day of March 2024.

Bill Zimmerman, Mayor
ATTEST:

Stephanie Roseen, Acting City Clerk
APPROVED AS TO FORM:

Jeffrey T. Melching, City Attorney
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 20

Menifee Mayor and City Council
March 20, 2024
Page
549 of 1058

Addendum
Environmental Impact Report
for the
Major Modification and Revision to Tentative Tract Map
36658 (PLN22-0246), Amendment to the Development
Agreement No. 2014-002, and the Amendment to
Specific Plan 2013-247 (PLN23-0060)
of the
Cimarron Ridge Specific Plan
(SCH No. 2014051029)
Prepared for:

City of Menifee
29844 Haun Road
Menifee, California 92586
Contact: Desiree McGriff
(951) 723-3770
Prepared By:

Kimley-Horn and Associates
3801 University Avenue, Suite 300
Riverside, California 92501
February 2024
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 21

Menifee Mayor and City Council
March 20, 2024
Page
550 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee 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” as indicated by the checklist on the following pages.

Aesthetics
Air Quality
Mineral Resources
Noise
Agricultural and Forestry Resources
Biological Resources
Cultural Resources
Energy
Population/Housing
Public Services
Recreation
Transportation
Geology/Soils Tribal Cultural Resources
Utilities/Service Systems
Wildfire
Greenhouse Gas Emissions
Hazards & Hazardous Materials
Hydrology/Water Quality
Land Use/Planning
Mandatory Findings of Significance
DETERMINATION:

On the basis of this initial evaluation (check one):

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.

I find that the amended project has previously been analyzed as part of an earlier CEQA document.

Minor additions and/or clarifications are needed to make the previous documentation adequate to cover the project which are documented in this ADDENDUM to the earlier CEQA document (CEQA Section 15164).

2.7.24 Sig Date
February 2024 i
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 22

Menifee Mayor and City Council
March 20, 2024
Page
551 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

TABLE OF CONTENTS

1.0 2.0
PURPOSE OF THE ADDENDUM .................................................................................. 1-1 DESCRIPTION OF PROPOSED PROJECT....................................................................... 2-2

2.1 2.2
Project Setting and Location............................................................................................2-2 Project Description ..........................................................................................................2-2 Access ..............................................................................................................2-5 Circulation........................................................................................................2-5 Landscaping .....................................................................................................2-6 Site Excavation and Grading Activities ............................................................2-6 Site Drainage....................................................................................................2-6 Off-Site Improvements ....................................................................................2-7 Construction Schedule.....................................................................................................2-7 Project Approvals.............................................................................................................2-7

2.3 2.4

3.0 4.0
CIMARRON RIDGE SPECIFIC PLAN ENVIRONMENTAL IMPACT ANALYSIS SUMMARY . 3-1

3.1 TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Environmental Impact Analysis and Project Approvals........................................................................................3-2 ENVIRONMENTAL ANALYSIS ..................................................................................... 4-1

4.1 4.2

4.3 4.4

4.5 4.6
Aesthetics.........................................................................................................................4-1 Summary of Previous Environmental Analysis................................................4-1 Analysis of Proposed Project ...........................................................................4-1 Agriculture and Forestry Resources.................................................................................4-5 Summary of Previous Environmental Analysis................................................4-5 Analysis of Proposed Project ...........................................................................4-5 Air Quality ........................................................................................................................4-8 Summary of Previous Environmental Analysis................................................4-8 Analysis of Proposed Project ...........................................................................4-8 Biological Resources ......................................................................................................4-14 Summary of Previous Environmental Analysis..............................................4-14 Analysis of Proposed Project .........................................................................4-14 Cultural Resources .........................................................................................................4-22 Summary of Previous Environmental Analysis..............................................4-22 Analysis of Proposed Project .........................................................................4-22 Geology and Soils...........................................................................................................4-27 Summary of Previous Environmental Analysis...................................4-27 Analysis of Proposed Project .........................................................................4-27 February 2024 i Table of Contents
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 23

Menifee Mayor and City Council
March 20, 2024
Page
552 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.7 Greenhouse Gas Emissions (Climate Change) ...............................................................4-34 Summary of Previous Environmental Analysis..............................................4-34 Analysis of Proposed Project .........................................................................4-34

4.8 Hazards and Hazardous Materials .................................................................................4-37 Summary of Previous Environmental Analysis..............................................4-37 Analysis of Proposed Project .........................................................................4-37

4.9 Hydrology and Water Quality ........................................................................................4-44 Summary of Previous Environmental Analysis..............................................4-44 Analysis of Proposed Project .........................................................................4-44

4.10 4.11

4.12 4.13

4.14 4.15

4.16 4.17

4.18 Land Use and Planning...................................................................................................4-49 Summary of Previous Environmental Analysis..............................................4-49 Analysis of Proposed Project .........................................................................4-49 Mineral Resources .........................................................................................................4-51 Summary of Previous Environmental Analysis..............................................4-51 Analysis of Proposed Project .........................................................................4-51 Noise ..............................................................................................................................4-53 Summary of Previous Environmental Analysis..............................................4-53 Analysis of Proposed Project .........................................................................4-53 Population and Housing.................................................................................................4-58 Summary of Previous Environmental Analysis..............................................4-58 Analysis of Proposed Project .........................................................................4-58 Public Services................................................................................................................4-60 Summary of Previous Environmental Analysis..............................................4-60 Analysis of Proposed Project .........................................................................4-60 Recreation......................................................................................................................4-62 Summary of Previous Environmental Analysis..............................................4-62 Analysis of Proposed Project .........................................................................4-62 Transportation ...............................................................................................................4-64 Summary of Previous Environmental Analysis..............................................4-64 Analysis of Proposed Project .........................................................................4-64 Utilities and Service Systems .........................................................................................4-77 Summary of Previous Environmental Analysis..............................................4-77 Analysis of Proposed Project .........................................................................4-77 Wildfire ..........................................................................................................................4-81 Summary of Previous Environmental Analysis..............................................4-81 Analysis of Proposed Project .........................................................................4-81

4.19 Energy...............................................................................................................4-84 Summary of Previous Environmental Analysis..............................................4-84 Analysis of Proposed Project .........................................................................4-84

4.20 Tribal Cultural Resources ...............................................................................................4-88 February 2024 ii Table of Contents
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 24

Menifee Mayor and City Council
March 20, 2024
Page
553 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Analysis of Proposed Project .........................................................................4-88

5.0 6.0
DETERMINATION OF APPROPRIATE CEQA DOCUMENTATION................................... 5-1 CONCLUSION............................................................................................................. 6-1 Appendices
Appendix A: Mitigation Monitoring and Reporting Program Appendix B: Habitat Assessment and Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis
Appendix C: Updated Cultural Resources Assessment
Appendix D: ALUC Development Review – Director’s Determination Appendix E: Traffic Consistency Memorandum
List of Tables
Table 1: Proposed Project Summary..........................................................................................................1-2 Table 2: Summary of Intersection Operations Existing Plus Project........................................................4-66 List of Exhibits
Exhibit 1: Regional Location Map...............................................................................................................1-5 Exhibit 2: Land Use Plan.............................................................................................................................1-6 Exhibit 3: Project Location Map.................................................................................................................2-4 Exhibit 4: Proposed Circulation Plan..........................................................................................................2-8 Exhibit 5: Non-Vehicular Circulation Plan ..................................................................................................2-9 Exhibit 6: Landscape Theme Plan – Community Wide ............................................................................2-10 Exhibit 7: Proposed Grading Plan.............................................................................................................2-11 Exhibit 8: Proposed Drainage Plan...........................................................................................................2-12 Exhibit 9: Fire Hazard Severity Zone – General Plan................................................................................4-41 Exhibit 10: Fire Hazard Severity Zone – CAL FIRE ....................................................................................4-42 February 2024 iii Table of Contents
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 25

Menifee Mayor and City Council
March 20, 2024
Page
554 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

1.0 Purpose Of The Addendum
February 2024 Introduction
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 26

Menifee Mayor and City Council
March 20, 2024
Page
555 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

1.0 PURPOSE OF THE ADDENDUM
This Addendum has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) (California Public Resources Code [PRC] Section 21000 et seq.); the CEQA Guidelines (Title 14, California Code of Regulations [CCR] Section 15000 et seq.); and the rules, regulations, and procedures for implementing CEQA as set forth by the City of Menifee (City). The City is the lead agency under the CEQA.

Section 15164(a) of the CEQA Guidelines states that “the lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred.” Pursuant to Section 15162(a) of the CEQA Guidelines, a subsequent Environmental Impact Report (EIR) or Negative Declaration is only required when:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The Cimarron Ridge Specific Plan No. 2013-247 (Specific Plan) was approved by the City in July 2015 and was intended to develop a master-planned community that will contain a variety of innovative housing types and functional open spaces in the northwestern part of the City; refer to Exhibit 1: Regional Location February 2024 1-1 Introduction
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 27

Menifee Mayor and City Council
March 20, 2024
Page
556 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Map. On November 4, 2015, the City adopted Ordinance No. 2015-176, approving Specific Plan No. 2013- 247, which established a land use plan, circulation plan, design standards and guidelines for 756 single- family residential dwelling units within a 240.3-acre area. Ordinance No. 2015-178 was also adopted approving Change of Zone No. 2014-017, to change the zoning classification of a 240.3-acre area from One-Family Dwellings (R-1), One-Family Dwellings 10,000 square foot Minimum (R-1-10,000), and open area combining Zone (R-5) to Specific Plan (SP). Also adopted was the Final Program EIR (FEIR) for the Specific Plan (Approved Project), State Clearinghouse (SCH) No. 2014051029, in compliance with CEQA and the CEQA Guidelines. The developer also proposed Development Agreement No. 2014-002 to lock in certain fees and regulations for development of the project. General Plan Amendment No. 2014-06 was also proposed to change the then current general plan land use designation from 2.1-5 du/ac Residential to Specific Plan.

The Specific Plan is a comprehensive policy and regulatory guidance document for the private use and development of all properties within the Specific Plan area. By providing the necessary regulatory and design guidance, the Specific Plan ensures that future development implements the goals and policies of the City of Menifee General Plan (Menifee GP). According to Table 3.0-A, Land Use Summary, of the Specific Plan, the Specific Plan area, is comprised of 240.3 acres in the northwestern portion of the City within Riverside County (County) and is comprised of three land use designations: Medium Density Residential (MDR), Open Space Conservation (OS-C), and Open Space Recreation (OS-R); refer to Exhibit 2:

Land Use Plan.

The City has received a Planning Application for Specific Plan Amendment (SPA) No. PLN23-0060 “Cimarron Ridge”, Development Agreement Amendment No. PLN23-0241, and Major Modification No.

10.19-acre park from PA-5 to PA-4 but does not propose any alterations to density or an increase in the number of lots as a result of these revisions. PA-4 would consist of 81 residential lots and include a 10.9- acre park consisting of active uses, including lighted ball fields, and passive uses and amenities, including a dog park for the community and on-site parking. PA-5 would consist of 151 residential lots and a 1.5- acre recreation area. A 1.2-acre pickle ball facility is proposed in conjunction with PA-5. Gated access would be provided between PA-5 and PA-6 as they are both proposed to be age restricted gated communities.

Table 1: Proposed Project Summary
Approved
Planning Specific Plan
Approved
Specific Plan Proposed Project
Proposed
Dwelling Units
130
Proposed
Project
Proposed
Dwelling Units
81 Approved
Specific Plan
Gross AreaArea Land Use
Designation
MDR
Gross Area

35.7 0.7

28.5 10.19

35.7 10.9

28.5 2.7
PA-4 OS-R
MDR
OS-R
-
102
-
-
151
-PA-5
Sources:

February 2024 1-2 Introduction
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 28

Menifee Mayor and City Council
March 20, 2024
Page
557 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Approved
Planning Specific Plan
Approved
Specific Plan Proposed Project
Proposed
Dwelling Units
Proposed
Project
Proposed
Approved
Specific Plan
Gross AreaArea Land Use Gross Area
Designation Dwelling Units
City of Menifee. 2015. Cimarron Ridge Specific Plan. Page 3.0-7. Table 3.0-B, Detailed Land Use Summary.

Adkan Engineers. ND. Tentative Tract No. 36658 #1 Amendment #1.

Note: The proposed modifications to the tentative tract map will not add or reduce the approved number of residential lots.

The following modifications are proposed for Cimarron Ridge TR36658:
• All streets servicing TR36658-5, and TR36658-6, will be converted from public streets to private streets. The design of the intersection of Smokey Quartz Street and Goetz Road would be revised to accommodate the proposed gated entry turnaround prior to the gate addition. Gates would also be added to the east entry of phase TR36658-5 on Byers Road and the north entry on McLaughlin Road.
• Phase TR36658-4 proposes to relocate 49 residential lots to phase TR36658-5. The Project proposes to slightly enlarge the 10.19-acre park to 10.9 acres and relocate the park acreage from phase TR36658-5 to the northern portion of phase TR36658-4. A 1.5-acre recreation center and

1.2-acre pickleball facility (proposed to be private) are proposed in phase TR36658-5.

The purpose of this Addendum is to analyze any potential differences between the impacts identified for the Project site in the FEIR for the Approved Project and those that would be associated with development of the Project as proposed herein. As identified above, pursuant to provisions of CEQA and the CEQA Guidelines, the City is the “Lead Agency” charged with the responsibility of deciding whether to approve development on the Project site. As part of its decision-making process, the City is required to review and consider whether the Project would create new significant impacts or more severe significant impacts than those previously disclosed, analyzed and mitigated for in the FEIR. Additional CEQA review beyond this Addendum would only be triggered if the Project created new significant impacts or more severe significant impacts than those disclosed, analyzed, and mitigated for in the FEIR. New threshold guidelines did not constitute “new information” requiring additional environmental review. CEQA Guidelines Section 15164(a) states that an Addendum is the appropriate CEQA document for the Project, if the City finds that major revisions to the FEIR are not necessary and that none of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of subsequent or supplemental EIR (SEIR) are triggered.

As detailed herein, the Project would not result in any new significant impacts and/or more severe impact that were not disclosed, analyzed, and mitigated for in the FEIR. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, in accordance with Section 15164 of the CEQA Guidelines, this Addendum to the previously certified FEIR is the appropriate environmental documentation for the Project. In taking action on any of the approvals, the decision-making body must consider the whole of the data presented in the FEIR and the previously adopted Mitigation Monitoring and Reporting Program (MMRP), as augmented by this Addendum.

February 2024 1-3 Introduction
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 29

Menifee Mayor and City Council
March 20, 2024
Page
558 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee February 2024 1-4 Introduction
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 30

Menifee Mayor and City Council
March 20, 2024
Page
559 of 1058

a
Specific
Plan Area
Source: Cimarron Ridge Specific Plan (2023). Figure 2.0-1 Exhibit 1: Regional Location Map
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 31

Menifee Mayor and City Council
March 20, 2024
Page
560 of 1058

Figure 3.1-2 Land Use Plan
Specific Plan
Boundary
Project site
being
analyzed is
PAs 4 and 5.

Source: Cimarron Ridge Specific Plan. (2023). Figure 3.1-2 Exhibit 2: Land Use Map
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 32

Menifee Mayor and City Council
March 20, 2024
Page
561 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

2.0 Description of Proposed Project
February 2024 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 33

Menifee Mayor and City Council
March 20, 2024
Page
562 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

2.0 DESCRIPTION OF PROPOSED PROJECT

2.1 PROJECT SETTING AND LOCATION
The Project site is in the northwestern portion of the City of Menifee (City) in the southwestern portion of Riverside County, California; refer to Exhibit 1: Regional Location Map. The Project site is comprised of Specific Plan Planning Areas (PA) 4, 5, and 6, totaling approximately 76 acres across Assessor Parcel Numbers (APNs) 330-220-016, 330-220-017, 330-230-042, 330-230-043, located south of McLaughlin Road, east of Goetz Road, and west of Valley Boulevard and Byers Road; refer to Exhibit 3: Project Location Map.

The Project is currently vacant and there are no existing defined drainage courses, streams, or rivers. Note that PAs 1 through 3 and all backbone infrastructure and utilities are currently under construction. The site has been highly disturbed as it was previously mass graded for home pads, roads, detention basins, infrastructure, etc. The following uses surround the Project site:
•
•
•
•
North: vacant land and rural residential
South: vacant land
East: single family and rural residential
West: City of Perris, land uses consist of vacant land followed by rural residential homes and ranch style properties along Sotelo Road
The Project site’s Menifee GP land use designation and zoning is Cimarron Ridge SP. 1,2 Sections 4.0 and

5.0 of the Specific Plan provide the Development Standards and Design Guidelines for the Specific Plan area, respectively.

2.2 PROJECT DESCRIPTION
The City has received a Planning Application for Specific Plan Amendment (SPA) No. PLN23-0060 “Cimarron Ridge”, Development Agreement Amendment No. PLN23-0241 and Major Modification No.

PLN22-0246 (Tentative Tract Map Revision for TR36658) (Project). The SPA is for the amendment of the Cimarron Ridge Specific Plan and proposes changes to the previously established Planning Area No. 4 (PA- 4), Planning Area No. 5 (PA-5), and Planning Area No. 6 (PA-6). As shown in Table 1: Proposed Project Summary above, the Project proposes transferring 49 residential lots from PA-4 to PA-5 and transferring the 10.19-acre park from PA-5 to PA-4 but does not propose any alterations to density or an increase in the number of lots as a result of these revisions. PA-4 would consist of 81 residential lots and include a

10.9-acre park consisting of active uses, including lighted ball fields, and passive uses and amenities, including a dog park for the community and on-site parking. PA-5 would consist of 151 residential lots and a 1.5-acre recreation area. A 1.2-acre pickle ball facility is proposed in conjunction with PA-5. Gated access 1 2
City of Menifee. 2023. General Plan – Land Use Map. https://www.cityofmenifee.us/DocumentCenter/View/11043/General-Plan--Land-Use- Map---March-2023 (accessed September 2023).

City of Menifee. 2023. Zoning Map. https://www.cityofmenifee.us/DocumentCenter/View/11042/Zoning-Map---March-2023 (accessed September 223).

February 2024 2-2 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 34

Menifee Mayor and City Council
March 20, 2024
Page
563 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee would be provided between PA-5 and PA-6 as they are both proposed to be age restricted gated communities.

February 2024 2-3 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 35

Menifee Mayor and City Council
March 20, 2024
Page
564 of 1058

Specific Plan pBoundary
Project Boundary
Source: Cimarron Ridge Specific Plan. (2023). Figure 2.0-2 Exhibit 3: Project Location Map
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 36

Menifee Mayor and City Council
March 20, 2024
Page
565 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee The following modifications are proposed for Cimarron Ridge TR36658:
• All streets servicing TR36658-5, and TR36658-6, will be converted from public streets to private streets. The design of the intersection of Smokey Quartz Street and Goetz Road would be revised to accommodate the proposed gated entry turnaround prior to the gate addition. Gates would also be added to the east entry of phase TR36658-5 on Byers Road and the north entry on McLaughlin Road.
• Phase TR36658-4 proposes to relocate 49 residential lots to phase TR36658-. The Project proposes to slightly enlarge the 10.19-acre park to 10.9 acres and relocate the park acreage from phase TR36658-5 to the northern portion of phase TR36658-4. A 1.5-acre recreation center and 1.2-acre pickleball facility (proposed to be private) are proposed in phase TR36658-5.

Access
Regional
The Project site is located in the northwest portion of the City of Menifee approximately two miles west of Interstate 215 (I-215), which provides regional access to the Project area as identified in Exhibit 1:

Regional Location Map.

Local
Existing roads located near the site include Ethanac Road to the north, which ultimately connects to I-215.

Other existing roads currently serving the site include Goetz Road which traverses the eastern portion of the site. Valley Boulevard is located to the southeast of the site and extends to the northwest to Goetz Road. Chambers Avenue and Thornton Avenue are located to east of the site and terminate at Valley Boulevard. Rouse Road is also located to the east of the site and terminates near Byers Road. Troy Lane and Byers Road, which are currently unpaved dirt roads, are located to the east of the site. McLaughlin Road is located to the north and is also an unpaved dirt road. The Project site and the relationship to the surrounding roads are shown in Exhibit 3: Project Location Map.

Project
Primary access to the Project site will be from Valley Boulevard and Goetz Road. Secondary access to the site will be provided by McLaughlin Road to the north and Thornton Avenue to the south. A number of interior circulation roads will facilitate access to the interior of the Project site.

Circulation
Vehicular and non-vehicular circulation improvements would be proposed in accordance with the Circulation Plan found in Section 3.2 of the Specific Plan. The Circulation Plan for Cimarron Ridge reinforces the concept of traditional neighborhood design. The Cimarron Ridge Specific Plan proposes a circulation system comprised of roads, pedestrian pathways, and trails to provide for efficient and effective access to and through the site. The circulation plan is designed to provide optimal circulation efficiency as well as safety for guests and residents. Refer to Exhibit 4: Proposed Circulation Plan and Exhibit 5: Non- Vehicular Circulation Plan.

February 2024 2-5 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 37

Menifee Mayor and City Council
March 20, 2024
Page
566 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Landscaping
Project landscaping would be consistent with that Landscape Design Guidelines found in Chapter 5.1 of the Specific Plan. These Landscape Design Guidelines are composed of seven major thematic landscape elements. Thematic elements are generally considered major improvements that occur at the community or neighborhood level, and which assist in establishing the overall design theme for Cimarron Ridge. The thematic elements include:
•
•
•
•
•
•
•
Community Theme Concept;
Plant Palette;
Streetscapes;
Entry Monuments;
Open Space and Recreation;
Walls & Fences; and
Lighting.

These thematic landscape elements occur throughout the community and unite Cimarron Ridge under a common design theme. Refer to Exhibit 6: Landscape Theme Plan – Community Wide.

Site Excavation and Grading Activities
The Conceptual Grading Plan for the Cimarron Ridge Specific Plan was prepared in conjunction with the land use and circulation plans in the Specific Plan to provide building pads that are safe from flooding or inundation. The grading concept is responsive to the physical character, location, and type of land use, and well as the visual and environmental qualities of the site.

The conceptual Grading Plan is shown in Exhibit 7: Proposed Grading Plan. All cut and fill will be balanced on site and will not require import or export of materials. Approximately 999,775 cubic yards of material will be moved overall (total estimated cut and fill) to achieve the cut and fill balance for the entirety of the Specific Plan area. This quantity may vary as final grading plans are developed. Balance of cut and fill in each phase and within each Planning Area is the goal; however, in some cases a limited amount of off- phase grading may occur for borrow and stock piling sites. See Section 3.4 of the Specific Plan for the Grading Plan.

Site Drainage
The existing Specific Plan site is vacant and was previously rough graded per the prior TTM’s that were approved. Therefore, in its current state, the site generates limited volumes of runoff. However, in its developed state, the Approved Project will include extensive areas of impermeable surfaces from which rain will run off; this “additional” runoff (difference between existing and future) is the responsibility of the Approved Project to detain on-site. To capture, convey and detain this on-site runoff, a system of on- site detention facilities has been designed, located, and sized to accommodate the projected storm water volumes. The Cimarron Ridge Specific Plan proposes a series of water quality basins and detention basins that have been integrated into the Land Use Plan and are planned to be situated at the low portion of February 2024 2-6 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 38

Menifee Mayor and City Council
March 20, 2024
Page
567 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee each sub-area. The conceptual Drainage Plan as illustrated on Exhibit 8: Proposed Drainage Plan shows the planned storm drains, water quality basins, and detention basins.

Off-Site Improvements
Off-site improvements proposed as part of this Project include a traffic signal at the intersection of Thornton Avenue and Murrieta Road.

2.3 CONSTRUCTION SCHEDULE
The proposed Project construction schedule is as follows:
• PA6
.
.

Model Start 3/25
Phase 1 Start 4/8
•
•
PA5
PA4
.
.

Phase 1 Start 7/29
Phase 1 Start 7/29

2.4 PROJECT APPROVALS
The following approvals are required for the Project:
•
•
•
Planning Application for Specific Plan Amendment No. PLN23-0060 “Cimarron Ridge” Development Agreement Amendment No. PLN23-0241.

Major Modification No. PLN22-0246 (Tentative Tract Map Revision for TR36658) See Section 2.2 for further details.

February 2024 2-7 Project Description
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 39

Menifee Mayor and City Council
March 20, 2024
Page
568 of 1058

Specific Plan
Boundary Project Site
Source: Cimarron Ridge Specific Plan. (2023). Figure 3.2-2 Exhibit 4: Proposed Circulation Plan
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 40

Menifee Mayor and City Council
March 20, 2024
Page
569 of 1058

g e -

SPECIFIC PLAN BOUNDARY PROJECT BOUNDARY
Source: Cimarron Ridge Specific Plan. (2023). Figure 3.2-4 Exhibit 5: Non-Vehicular Circulation Plan
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 41

Menifee Mayor and City Council
March 20, 2024
Page
570 of 1058

Project
Site
Source: Cimarron Ridge Specific Plan. (2023). Figure 5.1-1B Exhibit 6: Landscape Theme Plan - Community Wide
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 42

Menifee Mayor and City Council
March 20, 2024
Page
571 of 1058

Figure 3.4-2
Project Site
Source: Cimarron Ridge Specific Plan. (2023). Figure 3.4-2 Exhibit 7: Proposed Grading Plan
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 43

Menifee Mayor and City Council
March 20, 2024
Page
572 of 1058

Project
Site
Source: Cimarron Ridge Specific Plan. (2023). Figure 3.3-2 Exhibit 8: Proposed Drainage Plan
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 44

Menifee Mayor and City Council
March 20, 2024
Page
573 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

3.0 Environmental Analysis
February 2024 Environmental Impact Analysis Summary
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 45

Menifee Mayor and City Council
March 20, 2024
Page
574 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

3.0 CIMARRON RIDGE SPECIFIC PLAN ENVIRONMENTAL IMPACT

ANALYSIS SUMMARY
The environmental impact findings of the FEIR are summarized below.

No Impact: The FEIR determined that no impact would occur with respect to the following environmental topic areas below. These impacts were included in the FEIR’s “Effects Found Not To Be Significant (EFNTBS)” section (Section 4.0).
•
•
•
•
•
•
•
•
•
•
Agriculture and Forest Resources (EFNTBS Impacts 4.1.2.1 through 4.1.2.5); Geology and Soils (EFNTBS Impact 4.1.3.8);
Hazards and Hazardous Materials (EFNTBS Impact 4.1.4.3); Hydrology and Water Quality (EFNTBS Impacts 4.1.5.7, 4.1.5.8, and 4.1.5.10); Mineral Resources (EFNTBS Impacts 4.1.6.1 and 4.1.6.2); Noise (Initial Study/Notice of Preparation Impacts XII.e and XII.f) Population and Housing (EFNTBS Impacts 4.1.7.2 and 4.1.7.3); Public Services (EFNTBS Impact 4.1.8.4);
Transportation/Traffic (Initial Study/Notice of Preparation Impacts XVI.c and XVI.d); and Utilities and System Services (EFNTBS Impact 4.1.10.1)
Less Than Significant Impact: The FEIR identified less than significant impacts in the following environmental topic areas below. These impacts were included in the FEIR’s EFNTBS section (Section

4.0),the previous Initial Study/Notice of Preparation, and MMRP. •
•
•
•
•
•
•
•
•
•
•
•
•
Aesthetics (EFNTBS Impacts 4.1.1.1 through 4.1.1.4);
Air Quality (Initial Study/Notice of Preparation Impact III.e); Biological Resources (Initial Study/Notice of Preparation Impacts IV.b through IV.e.); Cultural and Paleontological Resources (Initial Study/Notice of Preparation Impacts V.a and V.d); Geology and Soils (EFNTBS Impacts 4.1.3.1 through 4.1.3.7); Greenhouse Gas Emissions (Impact 5.4.5.2);
Hazards and Hazardous Materials (EFNTBS Impacts 4.1.4.1, 4.1.4.2, and 4.1.4.4 through 4.1.4.8); Hydrology and Water Quality (EFNTBS Impacts 4.1.5.1 through 4.1.5.6 and 4.1.5.9); Land Use and Planning (Initial Study/Notice of Preparation Impact X.a); Impact 5.10.6.1, 5.10.6.2) Noise (Impact 5.6.5.2)
Population and Housing (EFNTBS Impact 4.1.7.1);
Public Services (EFNTBS Impacts 4.1.8.1 through 4.1.8.3, and 4.1.8.5); and Recreation (EFNTBS Impacts 4.1.9.1 and 4.1.9.2);
February 2024 3-1 Environmental Impact Analysis Summary Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 46

Menifee Mayor and City Council
March 20, 2024
Page
575 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee •
•
Transportation/Traffic (Initial Study/Notice of Preparation Impacts XVI.e and XVI.f); and Utilities and System Services (EFNTBS Impacts 4.1.10.2 through 4.1.10.5, and 4.1.10.7) Less Than Significant Impact with Incorporation of Mitigation: The FEIR and MMRP identified impacts that could be mitigated to less than significant levels with incorporation of mitigation measures in the following environmental topic areas:
•
•
•
•
•
•
Biological Resources (Impacts 5.2.6.1 and 5.2.6.6);
Cultural and Paleontological Resources (Impacts 5.3.6.2 and 5.3.6.3); Greenhouse Gas Emissions (Impact 5.4.5.1);
Noise (Impacts 5.6.5.1, 5.6.5.3, and 5.6.5.4);
Transportation/Traffic (Impact 5.7.10.6)
Utilities and System Services (EFNTBS Impact 4.1.10.6)3 Significant and Unavoidable Impact: The FEIR identified significant and unavoidable impacts in the following environmental topic areas:
•
•
Air Quality (Impacts 5.1.5.1 through 5.1.5.4)
Transportation/Traffic (Impacts 5.7.10.1 and 5.7.10.2)

3.1 TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Environmental Impact Analysis and Project Approvals
The scope of the City’s review of the Project is set forth in CEQA and the CEQA Guidelines. This review is limited to evaluating the environmental effects associated with the Project when compared to the Approved Project as set forth in the FEIR. This Addendum also reviews new information, if any, of substantial importance that was not known and could not have been known with the exercise of reasonable due diligence at the time the FEIR was certified. This evaluation includes a determination as to whether the changes proposed for the Project would result in any new significant impacts or more severe significant impact.

Although CEQA Guidelines Section 15164 does not stipulate the format or content of an Addendum, the topical areas identified in the CEQA Guidelines 2023 Environmental Information Form were used as guidance for this Addendum. In addition, Section 15164(e) of the CEQA Guidelines states that “A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the Project, or elsewhere in the record. The explanation must be supported by substantial evidence.” This comparative analysis provides the City with the factual basis for determining whether any changes in the Project, any changes in circumstances, or any new information since the FEIR was certified would require additional environmental review or preparation of an SEIR.

Pursuant to CEQA Guidelines Section 15162, the City has determined, on the basis of substantial evidence in the light of the whole record, that implementation of the Project does not propose substantial changes to the Approved Project, no substantial changes in circumstances would occur which would require major 3 Mitigation Measures were added as part of the Final EIR process to address Riverside County Waste Management Department’s concerns.

February 2024 3-2 Environmental Impact Analysis Summary Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 47

Menifee Mayor and City Council
March 20, 2024
Page
576 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee revisions to the FEIR, and no new information of substantial importance has been revealed since the certification of FEIR that would result in either new significant effects or an increase in the severity of previously analyzed significant effects.

A MMRP was adopted as a part of the FEIR that minimized impacts associated with implementation of the Approved Project. The previously adopted mitigation measures applicable to the Approved Project will be imposed as conditions of the Project, and the MMRP, as applicable to the Approved Project, is contained in Appendix A to this Addendum EIR.

February 2024 3-3 Environmental Impact Analysis Summary Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 48

Menifee Mayor and City Council
March 20, 2024
Page
577 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.0 Environmental Analysis
February 2024 3-1 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 49

Menifee Mayor and City Council
March 20, 2024
Page
578 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.0 ENVIRONMENTAL ANALYSIS

4.1 AESTHETICS
Summary of Previous Environmental Analysis
The Initial Study prepared for the FEIR concluded that all issues related to Aesthetics were determined to be less than significant during preparation of the Approved Project’s NOP and were briefly discussed in FEIR Section 4 Environmental EFNTBS – Section 4.1.1 Aesthetics.

Analysis of Proposed Project
Threshold (a) Have a substantial adverse effect on a scenic vista? No New or More Severe Impact: The dominant scenic views from the Project site and the surrounding area include the San Jacinto Mountains to the northeast and east; the Menifee Mountains to the southeast; the San Bernardino Mountains to the north; the San Gabriel Mountains to the northwest; and the Santa Ana Mountains to the west and southwest. The Project would potentially affect views of the identified scenic vistas to the single family and rural residential homes to the east; rural residential to the north; and rural residential homes to the west.

The proposed SPA includes residential development standards that require the Project’s proposed medium density residential development in PA-4 and PA-5 to adhere to the required setbacks, and maximum structural heights of 40 feet. This would ensure that visual impacts to the residential homes located to the east, north, and west and motorists driving on the roadways are minimized. Since the Project’s development would adhere to the proposed SPA’s residential setback and height standards and include undeveloped natural habitat that would improve views of the Menifee Mountains to the east, the Project’s encroachment into the viewshed would not be significant. Additionally, similar scale residential uses are established and planned with the immediate vicinity of the Project site. Therefore, the change in views of the Project site from the surrounding area would not cause a significant impact on a scenic vista.

Impacts are less than significant without mitigation.

Accordingly, no new impacts relative to adverse effects on a scenic vista or a substantial increase in the severity of a previously identified significant impact evaluated in the FEIR would occur. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact on a scenic vista(s). As such, it is determined that construction and operation activities associated with the Project would have a less than significant February 2024 4-1 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 50

Menifee Mayor and City Council
March 20, 2024
Page
579 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee impact on scenic vistas. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? No New or More Severe Impact: The FEIR determined that the Approved Project would not result in any adverse scenic resource impacts. Therefore, no adverse impacts on scenic resources, including resources within a State scenic highway, would result from the Project’s implementation.

Consistent with the FEIR findings, there are no rock outcroppings or historic building within a State- or County-designated scenic highway in the vicinity of the Project site. Additionally, there are no trees on- site since the Project site is highly disturbed from mass grading for home pads, roads, detention basins, infrastructure. Impacts in this regard are considered less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact on a scenic resource(s). The Project would be consistent with the proposed SPA standards and Menifee GP guidelines. Therefore, no Project-specific mitigation measures are needed. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (c) Substantially degrade the existing visual character or quality of public views of the site and its surroundings?
No New or More Severe Impact: The Project would improve the existing vacant and highly disturbed land to 81 MDR units and 10.9 gross acres of OS-R on PA-4 and 151 MDR units and 2.7 gross acres of OS-R on PA-5, including circulation improvements, landscaping, and infrastructure improvements. The surrounding area includes land designated for residential uses to the east, south, and west; open space to the west, and public utility corridors and economic development corridor (Northern Gateway) to the north which allows industrial/business park uses.

The Project’s proposed components would be guided in accordance with the proposed SPA’s development standards and design guidelines. This would ensure that the Project improve the existing visual character or quality of public views of the site and its surroundings. Consistent with the FEIR, the Project would be consistent with the surrounding area’s land uses and would improve the existing visual character of the site. Therefore, no new impacts relative to adverse aesthetic impacts or a substantial increase in the severity of a previously identified significant impact evaluated in the FEIR would occur.

February 2024 4-2 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 51

Menifee Mayor and City Council
March 20, 2024
Page
580 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact pertaining to the substantial degradation of the existing visual character or quality of public views of the site and its surroundings. The Project would be designed in compliance with the proposed SPA’s development standards and design guidelines.

Therefore, no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area?
No New or More Severe Impact: According to the land use and development regulations provided in the Approved Specific Plan, all future development would be required to comply with the Specific Plan design guidelines and City of Menifee Municipal Code (Menifee MC) Chapter 6.01, Dark Sky Light Pollution general requirements.

Consistent with the Menifee MC and proposed SPA development regulations 4, and as applicable, all lighting elements in the Project site would be designed to minimize glare spillover, and light pollution.

Outdoor lighting would be directed downward. Additionally, the Project would implement approved materials and methods of installation, requirements for lamp source and shielding to ensure outdoor lighting meets Mount Palomar Lighting requirements.

As such, consistency with the Menifee MC and lighting requirements of the proposed SPA would ensure that potential impacts associated with light and glare would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impacts from light or glare. No significant impacts associated with light and glare are identified in the FEIR. The Project would be designed consistent with the applicable guidelines and standards within the Menifee MC and proposed SPA. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.
4 Lighting standards were not updated as part of the proposed SPA.

February 2024 4-3 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 52

Menifee Mayor and City Council
March 20, 2024
Page
581 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Overall Aesthetics Impacts Conclusion
With regard to CEQA Statute Section 21166 and the CEQA Guidelines Section 15162(a), the Project would not result in any new or more severe impacts with respect to aesthetics. The Project site would be developed with medium density residential homes and open space recreation which would be consistent with the Cimmaron Ridge land use designation and zoning upon approved of the proposed SPA and TTM modifications. The Project would be developed in accordance with the proposed SPA development standards and design standards, and Menifee MC lighting standards, as applicable. Therefore, the preparation of a SEIR is not warranted. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified.

February 2024 4-4 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 53

Menifee Mayor and City Council
March 20, 2024
Page
582 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.2 AGRICULTURE AND FORESTRY RESOURCES
Summary of Previous Environmental Analysis
The FEIR identified that implementation of the Approved Project would not impact or conflict with Prime Farmland, Unique Farmland, Farmland of Statewide Importance, a Williamson Act contract, or with the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use. As such, the FEIR found that no impacts would occur, and no mitigation measures were required.

Analysis of Proposed Project
Threshold (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 New or More Severe Impact: According to the FEIR, there is no Prime Farmland, Unique Farmland, or Farmland of Statewide Importance within the Specific Plan boundaries. However, according to the Farmland Mapping and Monitoring Program, the Project is designated as Farmland of Local Importance.5 The Project site is not zoned for agricultural use and is not designated under a Williamson Act contract.

The Project site is heavily disturbed due to past grading activity associated with the Approved Project.

Under the Approved Project, construction within the Specific Plan continues. Therefore, the loss of Farmland of Local Importance within the Project site was accounted for in the FEIR. No impacts are anticipated.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact concerning the conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. No impact would occur, and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No New or More Severe Impact: There are no lands within the Specific Plan area that are zoned for an agricultural use or designated under a Williamson Act contract. Therefore, no impacts to existing agricultural zoning or Williamson Act contract would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.
5 California Department of Conservation. (2020). California Important Farmland: 1984-2020. Available at:
https://maps.conservation.ca.gov/dlrp/ciftimeseries/ (accessed September 2023).

February 2024 4-5 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 54

Menifee Mayor and City Council
March 20, 2024
Page
583 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would result in no new or more severe impact concerning the confliction with existing zoning for agricultural uses or with a Williamson Act contract. No impact would occur, and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (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 New or More Severe Impact: Due to the lack of natural resources, including farmland and forest, the Project would not convert farmland or forest land for non-agricultural land. Furthermore, the Project site is not zoned for forestry use on either City Zoning Map or the Riverside County Zoning Map. As such, no impacts related to the loss of farmland and forestland would occur. Consistent with the FEIR’s findings, no significant impacts to agricultural resources would occur from Project implementation. No mitigation measures are necessary.

Mitigation Program
Mitigation Measures from the FEIR
None Identified in the FEIR.

Conclusion
The Project would result in no new or more severe impacts related to the conflict with existing zoning, or rezoning of forest land, timberland, or timberland zoned Timberland Production. No impact would occur, and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (d) Result in the loss of forest land or conversion of forest land to non-forest use? No New or More Severe Impact: As noted in Threshold 4.2(c) above, there is no forest land on the Project site. Therefore, buildout of the Project would not result in the loss of forest land or conversion of forest land to non-forest use. No impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result new or more severe impact related to the loss of forest land or conversion of forest land to non-forest use. No impact would occur, and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not February 2024 4-6 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 55

Menifee Mayor and City Council
March 20, 2024
Page
584 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (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 New or More Severe Impact: Due to the lack of natural resources, including farmland and forest, the Project would not result in the conversion of farmland or forest land to non-agricultural use or non-forest use, respectively. No impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related to the changes in the existing environment that would result conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use. No impact would occur, and no Project-specific mitigation measures are required.

Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Overall Agriculture and Forestry Resources Impacts Conclusion The Project would result in no new or more severe impact to agriculture or forestry resources. No significant impacts to agricultural resources are identified in the FEIR and no new and/or refined mitigation measures are required for issues related to agriculture and forestry resources. With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts with respect to agricultural and forestry resources.

As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of a SEIR is not warranted.

February 2024 4-7 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 56

Menifee Mayor and City Council
March 20, 2024
Page
585 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.3 AIR QUALITY
Summary of Previous Environmental Analysis
The FEIR concluded that although buildout of the Specific Plan would implement FEIR MMs Air 1 through Air 6, impacts related to air quality concerning long-term regional air quality, consistency with the AIR Quality Management Plan (AQMP), and cumulative air quality pertaining to long-term operation emissions, would remain significant and unavoidable.

As described in Section 3.0, the Project proposes transferring 49 residential lots from PA-4 to PA-5 and transferring the 10.19-acre park from PA-5 to PA-4 but does not propose any alterations to density or an increase in the number of lots as a result of these revisions. PA-4 would consist of 81 residential lots and include a 10.9-acre park consisting of active uses, include lighted ball fields, and passive uses and amenities, including a dog park for the community and on-site parking. PA-5 would consist of 151 residential lots and a 1.5-acre recreation area. A 1.2-acre pickle ball facility is proposed in conjunction with PA-5. Gated access would be provided between PA-5 and PA-6 as they are both proposed to be age- restricted gated communities. Therefore, the Air Quality Technical Report was relied upon for the following analysis since the Project would only provide a locational change and does not propose any additional uses not analyzed in the FEIR (see FEIR Appendix A for more information).

Analysis of Proposed Project
Threshold (a) Conflict with or obstruct implementation of the applicable air quality plan? No New or More Severe Impact: As part of its enforcement responsibilities, the Environmental Protection Agency (EPA) requires each state with nonattainment areas to prepare and submit a State Implementation Plan (SIP) that demonstrates the means to attain the National Ambient Air Quality Standards (NAAQS).

The SIP must integrate federal, State, and local plan components and regulations to identify specific measures to reduce pollution in nonattainment areas, using a combination of performance standards and market-based programs. Similarly, under State law, the California Clean Air Act (CCAA) requires an air quality attainment plan to be prepared for areas designated as nonattainment regarding the California Ambient Air Quality Standards (CAAQS) and NAAQS. Air quality attainment plans outline emissions limits and control measures to achieve and maintain these standards by the earliest practical date.

The Project is located within the South Coast Air Basin (SCAB), which is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD is required, pursuant to the Federal Clean Air Act (FCAA), to reduce emissions of criteria pollutants for which the SCAB is in nonattainment. To reduce such emissions, the SCAQMD drafted the AQMP which establishes program of rules and regulations directed at reducing air pollutant emissions and achieving CAAQS and NAAQS. Pursuant to the FEIR, criteria for determining consistency with the AQMP are defined by the following indicators:
• Consistency Criterion No. 1: The Project will not result in an increase in the frequency or severity of existing air quality violations, or cause or contribute to new violations, or delay the timely attainment of air quality standards or the interim emissions reductions specified in the AQMP. • Consistency Criterion No. 2: The Project will not exceed the assumptions in the AQMP, or increments based on the years of the Project build-out phase.

February 2024 4-8 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 57

Menifee Mayor and City Council
March 20, 2024
Page
586 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Criterion 1:

Based on the FEIR air quality modeling analysis, the FEIR found that with implementation of mitigation measures, long-term operations of the Specific Plan would exceed the air quality pollutant concentration standards, and therefore, the buildout of the Specific Plan, including the Project, would be inconsistent with the first criterion.

Criterion 2:

The Project’s locational change of the medium density residential units and open space – recreation uses would be consistent with the Cimarron Ridge SP Land use and Zoning upon approved of the Specific Plan Amendment and TTM 36658 modification. Therefore, the Project would not result in an inconsistency with the current land use designation in the City’s General Plan; is not anticipated to exceed the AQMO assumptions for the Project site, and found to be consistent with the AQMP for the second criterion.

Based on the failure of Criterion 1 above, the Project would remain inconsistent with the SCAQMD AQMP.

Consistent with the FEIR, impacts would remain significant and unavoidable.

Mitigation Measures from the FEIR
Refer to FEIR MMs Air 1 through Air 6 in Threshold (b) below.

Conclusion
The Project would result in no new or more severe impact pertaining to conflict with or obstructing implementation of the AQMP. As discussed in Threshold (b) below, Implementation of FEIR MM Air 1 was determined to reduce construction emissions to a less than significant level. However, despite implementation of FEIR MMs Air 1 through Air 6, long term emissions concerning VOC and NO X would continue to exceed SCAQMD daily thresholds. Therefore, the significant and unavoidable impact would remain. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified.

Threshold (b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard?
Construction Emissions
No New or More Severe Impact: FEIR Table 5.1-D, Phase I Estimated Daily Construction Emissions and Table 5.1-E, Phase 2 Estimated Daily Construction Emissions showed the Approved Project’s maximum daily construction emissions for each phase of construction, based on the assumptions outlined above and activity as estimated by CalEEMod (see FEIR page 5.1-14). Without mitigation measures, criteria pollutant emissions from construction of the Specific Plan, including the Project, do not exceed any of the SCAQMD thresholds, except for NOX. Therefore, FEIR MM Air 1 was implemented which would restrict the daily grading area to no more than five acres. With implementation of FEIR MM Air 1, no significant short- term toxic air contaminant impacts would occur during construction of the Project. Impacts would be mitigated to a less than significant level.

February 2024 4-9 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 58

Menifee Mayor and City Council
March 20, 2024
Page
587 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Operational Emissions
No New or More Severe Impact: FEIR Table 5.1-F, provides the worst-case summer or winter criteria pollutant emissions created from the Approved Project’s long-term operations. VOC, NO X, and CO emissions would exceed SCAQMD regional thresholds for Phase 1; Phase 2, for VOC only. When both phases are complete and fully operational, the Project would exceed SCAQMD regional thresholds for VOC, NOX, CO, and PM-2.5. Therefore, the FEIR proposed the implementation of FEIR MMs Air 2 through Air 6 to reduce impacts. FEIR MM Air 2 requires that all future Project Applicants provide sidewalks. FEIR MM Air 3 requires that all applicable plans be submitted to the City to include the installation of high- efficiency lighting that is at least five percent more efficient than standard lighting in order to reduce energy consumption, FEIR MM Air 4 requires that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. FEIR MM Air 5 would provide a recycling program and recycling bins to all residents. FEIR MM Air 6 would require the application of VOC and solvents with VOC content lower than SCAQMD Rule 1113 to residential dwelling units. Additionally, homebuilders are encouraged to consider the use of pre-coated construction materials and materials that do not require painting. Although implementation of mitigation measures MMs Air 2 through Air 6 will reduce Approved Project-generated CO and PM-2.5 emissions below thresholds, NO X and VOC emission levels still exceed SCAQMD regional thresholds. Therefore, consistent with the FEIR determination, Project impacts would remain significant and unavoidable.

Mitigation Program
The FEIR included MM Air 1 for construction emissions, and MMs Air 2 through Air 6 for operations.

Mitigation Measures from the FEIR
MM Air 1 The Project applicant shall ensure that the contract specifications list all applicable SCAQMD Rules and Regulations (such as Rule 403 for fugitive dust) and the construction contractor’s construction specification package shall use construction equipment that have Tier 4 final engines, level 3 diesel particulate filters (DPF), with oxidation catalyst that have a 20% reduction in emissions. Prior to issuance of grading permits, proof of compliance shall be provided to the City in Project construction specifications, which shall include, but is not limited to, a copy of each unit’s certified tier specification, T-BACT documentation, and California Air Resources Board (CARB) and/or SCAQMD operating permit(s). Alternatively, during the City’s review process for applications under the Specific Plan, the applicant shall have conducted modeling of the criteria pollutant emissions of NO X, PM-10, and PM-2.5 (regional NOX from all construction activities and localized PM-10 and PM-2.5 during grading only) with the proposed fleet of equipment.

If the modeling shows that NO X, PM-10, and PM-2.5 emissions would exceed the SCAQMD’s significance thresholds for those emissions, the maximum daily equipment of the proposed development shall be limited to the extent that could occur without resulting in NO X, PM-10, and PM-2.5 emissions in excess of SCAQMD’s significance thresholds for those emissions. For implementing projects within the Specific Plan, the applicant shall be responsible for submitting a project-level air quality assessment that includes the modeling of emissions associated with the daily activities anticipated for the proposed development.

February 2024 4-10 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 59

Menifee Mayor and City Council
March 20, 2024
Page
588 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee MM Air 2 As included in the design of any future maps submitted to the City and where existing ROW is available, the Project applicant shall provide sidewalks. The City building and safety department shall review all submittals prior to approval to ensure sidewalks are incorporated throughout the Project.

MM Air 3
MM Air 4
In order to reduce energy consumption from proposed Project development, applicable plans (e.g., electrical plans) submitted to the City shall include the installation of high- efficiency lighting that is at least 5% more efficient than standard lighting. These plans shall be reviewed and approved by the applicable Department (e.g., Department of Building and Safety).

In order to reduce energy consumption from the proposed Project development, the Project applicant shall require that all building structures meet or exceed 2013 Title 24, Part 6 Standards and meet Green Building Code Standards. In addition, major appliances such as dishwashers, washing machines, and refrigerators installed in homes, shall be Energy Star-rated models. Proof of compliance will be required by the Department of Building and Safety in order to obtain a Final Inspection.

MM Air 5
MM Air 6
Currently Waste Management – City of Menifee provides a recycling program and recycle bins to all residents. The developer shall coordinate with Waste Management to ensure residents are provided information on obtaining recycling bins and are educated regarding the benefits, through handouts and signage throughout the community.

In order to improve air quality by reducing VOC emissions associated with the application of architectural coating, homebuilders shall apply VOC coatings and solvents with VOC content lower than SCAQMD Rule 1113 to residential dwelling units. In addition, homebuilders are encouraged to consider the use of pre-coated construction materials and materials that do not require painting. Construction specifications shall be included in the building specifications that assure these requirements are implemented. The specifications shall be reviewed by the City of Menifee’s Building and Safety Department for compliance with this mitigation measure prior to issuance of a building permit.

Conclusion
The Project would result in no new or more severe impacts or conflict with long term air quality. The FEIR concluded that the overall development of the Specific Plan area would cause a significant and unavoidable impact relative to the long-term air quality despite implementation of MMs Air 2 through Air

6. Therefore, a determination of Significant and Unavoidable impact is made for the proposed Project in this regard.

Threshold (c) Expose sensitive receptors to substantial pollutant concentrations.

No New or More Severe Impact: The Project consists of residential and open space recreational uses. The majority of operational emissions would be from mobile sources (i.e., traffic). Sensitive receptors, existing residences in this case, and the analysis of Project-related impacts upon those in the Project vicinity were evaluated in the threshold above, “Violate any air quality standard or contribute substantially to an existing or projected air quality violation.”
February 2024 4-11 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 60

Menifee Mayor and City Council
March 20, 2024
Page
589 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee As concluded in the FEIR, air quality impacts air quality impacts from construction would exceed SCAQMD local air quality significance thresholds for NO X and VOC with mitigation. However, there would be no long-term exceedances from Project operations because the Project does not contain sources that require localized analysis nor would the Project result in CO hot spots. Therefore, impacts are considered to be less than significant without mitigation incorporated.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
No new or more severe impact would occur concerning the exposure of sensitive receptors to substantial pollutant concentrations. No Project-specific mitigation is required.

Threshold (d) Create objectionable odors affecting a substantial number of people.

No New or More Severe Impact:

Construction
Odors that could be generated by construction activities are required to follow SCAQMD Rule 402 to prevent odor nuisances on sensitive land uses. SCAQMD Rule 402, Nuisance, states:

A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

Construction equipment emissions, such as diesel exhaust, and volatile organic compounds from architectural coatings and paving activities, may generate odors. However, these odors would be temporary, would not affect a substantial number of people and would disperse rapidly. Therefore, Project construction activities would not result in objectionable odors that would adversely affect a substantial number of people and impacts would be less than significant.

Operations
The SCAQMD CEQA Air Quality Handbook identifies certain land uses as sources of odors. These land uses include agriculture (farming and livestock), wastewater treatment plants, food processing plants, chemical plants, composting facilities, refineries, landfills, dairies, and fiberglass molding. The Project would not include any of the land uses that have been identified by the SCAQMD as odor sources.

Therefore, Project operations would not result in odors that would adversely affect people.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

February 2024 4-12 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 61

Menifee Mayor and City Council
March 20, 2024
Page
590 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
There are no new or more severe impacts regarding the creation of objectionable odors. Impacts would be less than significant without mitigation. Accordingly, no Project-specific mitigation is needed.

Overall Air Quality Impact Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new impacts, or increase the severity of the previously identified impacts, with respect to air quality. With implementation of FEIR MMs Air 1 through Air 6, the Project’s impacts would be similar to the FEIR’s air quality impact determinations. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of a SEIR is not warranted.

February 2024 4-13 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 62

Menifee Mayor and City Council
March 20, 2024
Page
591 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.4 BIOLOGICAL RESOURCES
Summary of Previous Environmental Analysis
The FEIR concluded that future development facilitated by the Specific Plan would not adversely affect, either directly or through habitat modification, any species identified as a candidate, sensitive, or special status species, any riparian habitat or other sensitive natural community upon the implementation of FEIR MMs Bio 1 through Bio 3. Furthermore, there would not be conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional, or state conservation plan with the implementation of FEIR MMs Bio 1 through Bio 3.

An Updated Habitat Assessment (HA) and Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) Consistency Analysis was prepared by ELMT Consulting, Inc. in September 2023. The findings are summarized herein, and the technical study is provided as Appendix B of this Addendum EIR.

Analysis of Proposed Project
Threshold (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 Game or U.S. Fish and Wildlife Service?
No New or More Severe Impact:

Special-Status Plants
The updated HA and Western Riverside County MSHCP Consistency Analysis determined no special-status plant species were observed on the Project site. It was further determined that the site does not have potential to support any of the other special-status plant species known to occur in the vicinity of the site and all are presumed to be absent.

Special-Status Wildlife
No special-status wildlife species were observed during the field investigation. Based on habitat requirements for specific species and the availability and quality of on-site habitats, it was determined that the Project site has a low potential to support Cooper’s hawk (Accipiter cooperii), sharp-shinned hawk (Accipiter striatus), Costa’s hummingbird (Calypte costae), and California horned lark (Eremophila alpestris actia). None of the aforementioned species are federally or state listed as threatened or endangered.

Cooper’s hawk, sharp-shinned hawk, and California horned lark are covered species under the MSHCP.

None of these avian species are expected to nest on-site due to lack of suitable nesting opportunities, occurrence of the site outside of geographic breeding ranges, or severity of routine disturbances. It was further determined that the Project site does not have the potential to support any of the other special- status wildlife species known to occur in the vicinity of the site and all are presumed to be absent.

February 2024 4-14 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 63

Menifee Mayor and City Council
March 20, 2024
Page
592 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Burrowing Owl
Despite a systematic search of the Project site, no burrowing owls or sign (i.e., pellets, feathers, castings, or whitewash) were observed during the focused survey. Portions of the Project site are barren or vegetated with a variety of low-growing plant species that allow for minimal line-of-sight observation favored by burrowing owls. However, no suitable burrows or man-made roosting opportunities for burrowing owl were observed within or near the Project site during the field investigation. Recent site preparation activities have removed any suitable burrows that may have occurred, and continued disturbance associated with site preparation precludes fossorial mammals from establishing. Further, in association with ongoing site preparation activities, no man-made roosting opportunities are maintained within or near the site. As such, it was determined that the Project site does not have potential to support burrowing owl and this species is presumed to be absent. However, consistent with the FEIR, the Project would implement FEIR MM Bio 1 because the Project is located in MSHCP burrowing owl survey area.

Consistent with MSHCP Species Specific Conservation Objectives for burrowing owl, FEIR MM Bio 1 would require that a pre-construction presence/absence survey burrowing owls be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities on-site. If ground disturbing activities are delayed or suspended for more than 30 days after the pre-construction survey, the site would be resurveyed for owls. Take of active nests will be avoided. Passive relocation (use of one way doors and collapse of burrows) will occur when owls are present outside the nesting season. With implementation of FEIR MM Bio 1, impacts to burrowing owls would be reduced to a less than significant level.

Nesting Birds
No active nests were directly observed on-site during the field survey, which was conducted outside of the breeding season. Although heavily disturbed, the site has the potential to provide nesting habitat for year-round and seasonal avian residents, as well as migrating songbirds that could occur in the area that area adapted to a high degree of disturbance and active construction.

Nesting birds are protected pursuant to the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code (Sections 3503, 3503.5, 3511, and 3513 prohibit the take, possession, or destruction of birds, their nests or eggs). Due to the presence of habitat for nesting birds, the Project would implement FEIR MM Bio 2 which would require a pre-activity field survey be conducted by a qualified biologist three days prior to initiation of construction activities to determine if active nests of species protected by the MBTA or California Fish and Game Code, are present in the construction zone. If active nests are observed and located appropriate buffers (e.g., 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests (non-listed), within 100 feet of sensitive or protected songbird nests) shall be established and maintained.

Special-Status Plant Communities
The CNDDB lists two (2) special-status habitats as being identified within the Romoland quadrangle:

Southern Coast Live Oak Riparian Forest and Southern Cottonwood Willow Riparian Forest, which do not occur on the project site. No California Department of Fish and Wildlife (CDFW) special-status plant communities occur within the boundaries of the Project site.

February 2024 4-15 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 64

Menifee Mayor and City Council
March 20, 2024
Page
593 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Overall, implementation of FEIR MMs Bio 1 and Bio 2 would ensure that the Project would not 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 Game or U.S. Wildlife Service. Therefore, potential impacts to endangered or threatened species are less than significant.

Mitigation Program
The FEIR included MMs Bio 1 and Bio 2 to reduce potential impacts to any candidate, sensitive, or special status species associated the implementation of the Approved Project.

Mitigation Measures from the FEIR
MM Bio 1 Consistent with MSHCP Species Specific Conservation Objectives for burrowing owl, Objective 6 (page E-12), a pre-construction presence/absence survey burrowing owls shall be conducted by a qualified biologist within 30 days prior to commencement of grading and construction activities on-site as well as for off-site improvements. If ground disturbing activities are delayed or suspended for more than 30 days after the pre- construction survey, the site shall be resurveyed for owls. Take of active nests will be avoided. Passive relocation (use of one way doors and collapse of burrows) will occur when owls are present outside the nesting season.

MM Bio 2 In order to avoid violation of the MBTA and California Fish and Game Code site- preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally January 1 to September 15) of potentially occurring native and migratory bird species.

If site preparation activities are proposed during the nesting/breeding season (generally considered January 1 to September 15), a pre-activity field survey shall be conducted by a qualified biologist three (3) days prior to initiation of construction activities, to determine if active nests of species protected by the Migratory Bird Treaty Act (MBTA) or the California Fish and Game Code, are present in the construction zone. If project activities are delayed or suspended for more than 30 days from the date of the pre- activity survey, surveys shall be repeated. If active nests are observed and located appropriate buffers (e.g., 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected bird nests (non-listed), within 100 feet of sensitive or protected songbird nests) shall be established and maintained during clearing and grubbing activities within the nesting season. No grading or heavy equipment activity shall take place within the established buffer until the nest is no longer active as determined by a qualified biologist.

Conclusion
The Project would result in no new or more severe impact on a status or listed species with implementation of FEIR MMs Bio 1 and Bio 2. Similar to the FEIR findings, the Project is anticipated to result in a less than significant impact to species identified as a candidate, sensitive, or special status species by the CDFW.

February 2024 4-16 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 65

Menifee Mayor and City Council
March 20, 2024
Page
594 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No New or More Severe Impact: As concluded in the Updated HA and Western Riverside County MSHCP Consistency Analysis, no jurisdictional drainages, riparian/riverine and/or wetland features were observed within the Project site during the field investigation. Development of the Project would not result in impacts to riparian/riverine habitats and a Determination of Biologically Equivalent or Superior Preservation (DBESP) would not be required for the loss of riparian/riverine habitat from development of the Project. Therefore, the Project would not have an impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the CDFW or U.S.

Fish and Wildlife Service (USFWS).

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project’s would not result in a new or more severe impact on riparian habitats or other sensitive natural community than determined in the FEIR. No Project-specific mitigation is needed. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (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?
No New or More Severe Impact: The Updated HA and Western Riverside County MSHCP Consistency Analysis concluded that the Project site does not contain any discernible drainage courses, inundated areas, or wetland features/obligate plant species that would be considered jurisdictional by the United States Army Corp of Engineers, Regional Water Quality Control Board (RWQCB), or CDFW. FEIR MM Bio 3, which required the Applicant to enter into a Notification of Streambed or Lake Alteration Agreement with the CDFW, does not apply. Thus, no impacts associated with state or federally protected wetlands would occur.

Mitigation Program
MM Bio 3 Prior to grading, project proponent shall enter into a Notification of Streambed or Lake Alteration Agreement with California Department of Fish and Wildlife The Streambed or Lake Alteration Agreement shall require that existing good quality wetland, mulefat scrub habitat and unvegetated streambed are mitigated at a range of 1:1 to 3:1 replacement ratio based upon the existence of isolated drainage features and/or degraded vegetation, ensuring that Project impacts to jurisdictional waters would be reduced to a less than significant level. NOTE: FEIR MM Bio 3 does not apply to the Project because according to the Habitat Assessment and Western Riverside County Multiple Species Habitat Conservation Plan Consistency Analysis conducted for the Project, there are no February 2024 4-17 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 66

Menifee Mayor and City Council
March 20, 2024
Page
595 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee discernible drainage courses, inundated areas, or wetland features/obligate plant species on the Project site.

Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would have no impact on jurisdictional wetlands. No Project-specific mitigation is required.

Threshold (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?
No New or More Severe Impact: The Project site has been highly disturbed due to mass grading.

According to the Updated HA and Western Riverside County MSHCP Consistency Analysis, the Project site has not been identified as occurring in a wildlife corridor or linkage. The nearest linkage to the Project, as identified by the MSHCP, occurs approximately 0.9 mile to the northwest in association with the San Jacinto River. The Project would be confined to existing areas that have been heavily disturbed and are isolated from regional wildlife corridors and linkages as there are no riparian corridors, creeks, or useful patches of steppingstone habitat (natural areas) within or connecting the site to any recognized wildlife corridor or linkage. As such, implementation of the Project would not impact wildlife movement opportunities and no impacts to wildlife corridors or linkages would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not 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. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (e) Conflict with any local policies or ordinances related to protecting biological resources, such as a tree preservation policy or ordinance?
No New or More Severe Impact: The FEIR stated that the City adopted Riverside County Ordinance No. 559 Regulating the Removal of Trees upon its incorporation and enforces the provisions contained with the ordinance. However, the Project site is highly disturbed due to mass grading, so no trees exist on the Project site. Consistent with the FEIR, the Project would not conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. Therefore, no impact would occur.

February 2024 4-18 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 67

Menifee Mayor and City Council
March 20, 2024
Page
596 of 1058

Conclusion
The Project would result in no new or more severe impact as it pertains to conflict with any local policies or ordinances related to protecting biological resources. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of no significant impact.

Threshold (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?
No New or More Severe Impact: The Project site is located in the Sun City/Menifee Valley Area Plan of the MSHCP but is not located within any Criteria Cells or designated conservation areas. Additionally, the Project site is only located within the MSHCP designated survey area for burrowing owl.

While the Project is not specifically identified as a “Covered Activity” under Section 7.1, Covered Activities Outside Criteria Area and PQP Lands, of the MSHCP, public and private development that are outside of Criteria Areas and Public/Quasi-Public (PQP) 6 lands (permitted under the MSHCP) are subject to consistency with MSHCP policies that apply to area outside of Criteria Areas. As such, to achieve coverage, the Project must be consistent with the following policies of the MSHCP:
. The policies for the protection of species associated with Riparian/Riverine areas and vernal pools as set forth in Section 6.1.2 of the MSHCP;
.
.
.

The policies for the protection of Narrow Endemic Plant Species as set forth in Section 6.1.3; The Urban/Wildlands Interface Guidelines as set forth in Section 6.1.4; and The requirements for conducting additional surveys as set forth in Section 6.3.2 The Project’s consistency with the Western Riverside County MSHCP was analyzed in Appendix B and the results are as follows.

MSHCP Section 6.1.2 Protection of Species Associated with Riparian/Riverine Areas and Vernal Pools As noted in Threshold (b) above, no jurisdictional drainages, riparian/riverine and/or wetland features were observed within the Project site during the field investigation. Development of the Project would not result in impacts to riparian/riverine habitats and a DBESP would not be required for the loss of 6 PQP Lands are a subset of MSHCP Conservation Area lands totaling approximately 347,000 acres of lands known to be in public/private ownership and expected to be managed for open space value and/or in a manner that contributes to the Conservation of Covered Species (including lands contained in existing reserves). The acreage of PQP Lands has been accounted for in the MSHCP tracking process for assembling the Conservation Area.

February 2024 4-19 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 68

Menifee Mayor and City Council
March 20, 2024
Page
597 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee riparian/riverine habitat from development of the Project. Therefore, the Project is consistent with Section 6.1.2 of the MSHCP.

MSHCP Section 6.1.3 Protection of Narrow Endemic Plant Species Based on the RCA MSHCP Information Map query and review of the MSHCP, it was determined that the Project site is located within the designated survey area for Narrow Endemic Plant Species Munz’s onion (Allium munzii), San Diego ambrosia (Ambrosia pumila), Many-stemmed dudleya (Dudleya multicaulis), Spreading navarretia (Navarretia fossallis), California Orcutt grass (Orcuttia californica), and Wright’s trichoronis (Trichocoronis wrightii var. wrightii). Based on the results of the field investigation, the Project site does not provide suitable habitat for these MSHCP listed Narrow Endemic Plant Species.

MSHCP Section 6.1.4 Guidelines Pertaining to the Urban/Wildlands Interface The Urban/Wildlife Interface Guidelines are intended to ensure that indirect project-related impacts to the MSHCP Conservation Area, including drainage, toxics, lighting, noise, invasive plant species, barriers, and grading/land development, are avoided or minimized. The Project site is not located within or in close proximity of any Criteria Cells or designated conservation areas. Therefore, the Project would not need to comply with the Urban/Wildlands Interface Guidelines.

MSHCP Section 6.3.2 Additional Survey Needs and Procedures The query of the RCA MSHCP Information Map and review of the MSHCP determined that the Project site is located within the designated survey area for burrowing owl. No other special-status wildlife species surveys were identified. As discussed in Threshold (a) above, the Project would implement FEIR MM Bio 1 to ensure that impacts to the burrowing owl are minimized. Therefore, the Project is consistent with MSHCP Section 6.3.2.

Consistent with the FEIR, with implementation of FEIR MM Bio 1, potential impacts from conflicts with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state conservation plan are less than significant.

Mitigation Program
Mitigation Measures from the FEIR
Refer to FEIR MM Bio 1 in Threshold (a) above.

Conclusion
The Project would result in no new or more severe impact as it pertains to conflict with plans, policies, and ordinances with implementation of FEIR MM Bio 1. There are no potentially significant impacts associated with the Project and therefore, no Project-specific mitigation measures are required.

Overall Biological Resources Impacts Conclusion
With regard to CEQA Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new impacts or circumstances, or increase the severity of the previously identified impacts, with respect to biological resources. The Project would implement FEIR MMs Bio 1 and February 2024 4-20 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 69

Menifee Mayor and City Council
March 20, 2024
Page
598 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Bio 2 to reduce impacts to a less than significant level. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of a SEIR is not warranted.

February 2024 4-21 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 70

Menifee Mayor and City Council
March 20, 2024
Page
599 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.5 CULTURAL RESOURCES
Summary of Previous Environmental Analysis
The FEIR determined that development within the Specific Plan area would result in a less than significant impact to unknown historical resources. However, the FEIR determined that development within the Specific Plan area would potentially cause adverse impacts to unknown archaeological resources and human remains. In order to maintain any potential unforeseeable impacts to a less than significant level, the following FEIR MMs Cult 1 through Cult 4) were recommended. Additionally, the FEIR determined that implementation of FEIR Paleo 1 would ensure that impacts concerning paleontological resources would be minimized (refer to Section 4.6: Geology and Soils for discussion regarding paleontological resources).

An Updated Cultural Resources Assessment (CRA) was prepared by Kimley-Horn and Associates in September 2023. The findings are summarized herein, and the assessment is provided as Appendix C of this Addendum EIR.

Analysis of Proposed Project
Threshold (a) Cause a substantial adverse change in the significance of a historical resource pursuant Section 15064.5?
No New or More Severe Impact: As concluded in the Updated CRA and FEIR, no historical resources as defined by CEQA, exist within or adjacent to the Project area. Furthermore, site does not contain any standing buildings or structures that are older than 45 years, or any younger buildings that hold more recent historical value, that meet the definition of a cultural resource that require consideration.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no impact on a historical resource. No Project-specific mitigation is needed.

Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Threshold (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5?
No New or More Severe Impact: The FEIR’s CRA determined that the Specific Plan’s surface sensitivity for intact archaeological remains were very low and the potential for significant cultural resources to be found in subsurface deposits were also low. Per the updated CRA for this Project, the Project area has been subjected to multiple prior cultural resources assessments, during which time three prehistoric archaeological sites were recorded within the Project area: CA-RIV-4486, CA-RIV-7028, and 33-001078.

However, the 2014 CRA conducted for the Approved Specific Plan noted that the entirety of the Specific Plan area had been subject to extensive grading and excavation and that all previously recorded sites were destroyed. This observation is corroborated by historical aerials, which show that the Project site was February 2024 4-22 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 71

Menifee Mayor and City Council
March 20, 2024
Page
600 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee subject to extensive grading sometime between 2002 and 2005. Due to the presence of extensive grading and excavation, the likelihood of archaeological resources being present within the Project area is low.

However, the FEIR concluded that implementation of FEIR MMs Cult 1 through Cult 4 would ensure that impacts to buried archaeological resources, if discovered during earth-moving activities, would be reduced.

In compliance with the FEIR, the Project would implement FEIR MMs Cult 1 through Cult 3 to reduce impacts to any unknown archaeological resources. MMs Cult 1 through Cult 3 would require that if any buried cultural materials are encountered during any earth moving operations associated with the off-site improvements, all work in that area must be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the find. Furthermore, the Project would implement FEIR MM Cult 4 per the Soboba Tribes request, which would require that a Native American monitor be present during earth- moving activities.

Therefore, no new or more severe impact relative to archaeological resources from previously identified significant impacts evaluated in the FEIR would occur with implementation of FEIR MMs Cult 1 through Cult 4. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact with mitigation under this threshold.

Mitigation Program
Mitigation Measures from the FEIR
The following FEIR MMs apply to the Project:

MM Cult 1 If during ground disturbance activities, unique cultural resources are discovered that were not assessed by the archaeological report(s) and/or environmental assessment conducted prior to project approval, the following procedures shall be followed. Unique cultural resources are defined, for this condition only, as being multiple artifacts in close association with each other, but may include fewer artifacts if the area of the find is determined to be of significance due to its sacred or cultural importance as determined in consultation with the Native American Tribe(s) and/or its representatives. 1) All ground disturbance activities within 100 feet of the discovered cultural resources shall be halted until a meeting is convened between the developer, the archaeologist, the Pechanga tribal representative(s) and the Community Development Director to discuss the significance of the find.
2) At the significance of the discoveries shall be discussed and after consultation with the tribal representative(s) and the archaeologist, a decision shall be made, with the concurrence of the Community Development Director, as to the appropriate mitigation (documentation, recovery, avoidance, etc.) for the cultural resources. 3) Grading of further ground disturbance shall not resume within the area of the discovery until an agreement has been reached by all parties as to the appropriate mitigation.
4) Treatment and avoidance of the newly discovered resources shall be consistent with the Cultural Resources Treatment and Monitoring Agreements entered into with the February 2024 4-23 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 72

Menifee Mayor and City Council
March 20, 2024
Page
601 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Native American Tribes.

MM Cult 2 If human remains are encountered, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to Public Resource Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within the period specified by law (24 hours).

Subsequently, the Native American Heritage Commission shall identify the “most likely descendant.” The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Human remains from other ethnic/cultural groups with recognized historical associations to the project area shall also be subject to consultation between appropriate representatives from that group and the Community Development Director, if applicable.

It is understood by all parties that unless otherwise required by law, the site of any reburial of Native American human remains or associated grave goods cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The Coroner, pursuant to the specific exemption set forth in California Government Code 6254 I., parties, and Lead Agencies, will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code 6254(r).

MM Cult 3 Prior to issuance of a grading permit, the Community Development Department shall review the proposed grading plans to determine the depth of grading, including but not limited to foundation excavations, trenching and utility installations. Should grading activities include excavation into native soils (i.e., below two feet in fill areas or areas where no prior grading activities occurred or fill materials have been added), then the project applicant shall retain a Riverside County qualified archaeologist to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources. 1) The Project Archaeologist and the monitor(s) from the appropriate Native American Tribe (s) shall be included in the pre-grade meetings to provide cultural/historical sensitivity training including the establishment of set guidelines for ground disturbance in sensitive areas with the grading contractors. The Project Archaeologist and the Tribal monitor(s) shall manage and oversee monitoring for all initial ground disturbing activities and excavation of each portion of the project site including clearing, grubbing, tree removals, mass or rough grading, trenching, stockpiling of materials, rock crushing, structure demolition and etc. The Project Archaeologist and the Tribal monitor(s), shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources.
2) The developer/permit holder shall submit a fully executed copy of the archaeological contract to the Community Development Department to ensure compliance with this February 2024 4-24 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 73

Menifee Mayor and City Council
March 20, 2024
Page
602 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee condition of approval. Upon verification, the Community Development Department shall clear this condition.
3) Any newly discovered cultural resources shall be subject to an evaluation, in consultation with the Native American Tribe(s) and which will require the development of a treatment plan and monitoring agreement for the newly discovered resources.
4) The project archaeologist shall submit a complete final monitoring report no later than 60 days following completion of the monitoring activities to the City of Menifee, the property owner, the Eastern Information Center and the appropriate Tribes. The report shall document the monitoring activities, any resources that were identified, their final disposition, complete DPR site record forms and inventory records, and any other pertinent information associated with the Project.

MM Cult 4 Tribal monitor(s) shall be required on-site during all ground disturbing activities, including grading, stockpiling of materials, engineered fill, rock crushing, etc. The land divider/permit holder shall retain a qualified tribal monitor(s) from the Pechanga Band of Luiseno Indians and the Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of two signed contracts between each of the above mentioned Tribes and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department.

The Native American Monitor(s) shall have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow recovery of cultural resources, in coordination with the Project Archaeologist. Should an agreement between the Tribes and the Applicant/Permittee not be established within forty-five (45) days of the date the Applicant/Permittee initiates such an agreement with the Tribes, Native American monitoring shall not be required.

The Developer shall relinquish ownership of all cultural resources, including all archaeological artifacts that are Native American origin, found in the Project area for proper treatment and disposition to a Riverside County curational facility that meets or exceeds Federal Curation Standards outlined in 36 CFR 79. The Applicant/Permittee shall be responsible for all curation costs.

Conclusion
The Project would result in a less than significant impact on an archaeological resource with implementation of FEIR MMs Cult 1 through Cult 4. No Project-specific mitigation is needed. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact with mitigation under this threshold.

ThreshoId(c) Disturb any human remains, including those interred outsides of formal cemeteries? No New or More Severe Impact: The Project does not contain or is located adjacent to a formal cemetery.

The nearest formal cemetery is the Miller – Jones Mortuary and Cemetery located approximately 0.75 mile east of the Project site and is not a part of the Approved Project. Applicable laws and regulations provide guidance in the event that human remains are found at any time in the Project site.

February 2024 4-25 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 74

Menifee Mayor and City Council
March 20, 2024
Page
603 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Consistent with the FEIR and pursuant to FEIR MM Cult 2, if human remains are encountered during ground disturbance activities, all work would be required to be halted and the County Coroner would be notified as required by California State Law (Section 5097.98 of the California Public Resources Code). The Riverside County Coroner would determine whether the remains are of forensic interest. If the Riverside County Coroner were to determine that the remains are prehistoric, the Native American Heritage Commission (NAHC) would be contacted. The NAHC would be responsible for designatin“ the "Most Likely Desc”ndant" (MLD) who would be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD would make his/her recommendations within 24 hours of the notification of the NAHC. This recommendation could include scientific removal and no destructive analysis of human remains and items associated with Native American burials (Section 7050.5 of the Health and Safety Code). Human remains from other ethnic/cultural groups with recognized historical associations to the Project site would also be subject to consultation between appropriate representatives from that group and the Community Development Director, if applicable.

Therefore, with implementation of FEIR MM Cult 2 and compliance with applicable federal, State, and local laws and regulations concerning human remains, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
Refer to FEIR MM Cult 2 in Threshold 4.5(b) above.

Conclusion
The Project would result in no new or more severe impact pertaining to human remains with the implementation of FEIR MM Cult 2 and adherence to Public Resources Code Section 5097.98. No Project- specific mitigation measures are required.

Overall Cultural Resources Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts with respect to cultural resources. The Project’s Updated CRA did not identify any existing cultural resources, nor the potential for unknown buried cultural resources. As such, no further consideration regarding the impacts to cultural resources as a result of the Project is recommended.

February 2024 4-26 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 75

Menifee Mayor and City Council
March 20, 2024
Page
604 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.6 GEOLOGY AND SOILS
Summary of Previous Environmental Analysis
The FEIR concluded that all geology and soil related impacts associated with buildout of the Specific Plan would be no impacts or less than significant. A Geotechnical Review/Update prepared by Leighton and Associates, Inc., dated January 15, 2014 (Leighton 2014) was provided after circulation of the DEIR which reconfirmed the “no impact” and “less than significant impact” determinations. In addition, the 2013 Infiltration Rate Study for Storm Water Disposal by John R. Byerly Inc. was used to inform the below analysis.

Analysis of Proposed Project
Threshold (a) Directly or indirectly cause potential substantial adverse effects, including the risk loss, injury, or death involving:
(i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.

No New or More Severe Impact: According to the FEIR, the Specific Plan area is not located within an Alquist-Priolo Earthquake Fault Zone and no known earthquake faults traverse the site. According to the United States Geological Survey’s (USGS) Interactive U.S. Fault Map, the closest fault is the Elsinore Fault located approximately 8.5 miles southwest of the Project site.7 Since the Project site is not located within a State established Earthquake Fault Zone and there are no known active faults within the Project site, ground rupture hazard potential for the Project is consider low and remote. Consistent with the FEIR determination, impacts concerning rupture of a known earthquake fault is less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact concerning the risk, loss, injury, or death involving rupture of a known earthquake fault. Accordingly, no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.
(ii) Strong seismic ground shaking?
No New or More Severe Impact: Although there are no faults on or adjacent to the Project site, southern California, in general, is a seismically-active region, Thus, the Project would be subject to strong seismic ground shaking.
7 USGS. (2022). Interactive U.S. Fault Map. Available at: https://www.usgs.gov/tools/interactive-us-fault-map (accessed September 2023).

February 2024 4-27 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 76

Menifee Mayor and City Council
March 20, 2024
Page
605 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee The Project would be designed in accordance with the requirements of the current 2022 California Building Standards Code (CBC) Seismic Design Parameters. Structures for human occupancy must be designed to meet or exceed CBC standards for earthquake resistance. All grading and fill placement activities would be completed in accordance with the CBC requirements and the City’s grading code.

Furthermore, prior to grading, the Project would prepare a final Geotechnical Investigation which provides site-specific recommendations to address seismic design considerations, geotechnical design considerations, site grading recommendations, construction considerations, foundations design and construction, floor slab design and construction, retaining wall design and construction, and pave design parameters. Therefore, adherence to the 2022 CBC seismic design standards and recommendations of a final Geotechnical Investigation would ensure that impacts are less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact concerning the risk, loss, injury, or death involving strong seismic ground shaking. Accordingly, no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.
(iii) Seismic-related ground failure, including liquefaction? No New or More Severe Impact: The FEIR determined that the Specific Plan area is located in an area identified as having very low potential for liquefaction. However, the Geotechnical Investigation prepared for the FEIR found that due to the presence of shallow granitic bedrock, the potential for liquefaction is unlikely. Additionally, the 2014 Geotechnical Review/Update determined that since loose, near-surface soils will be removed and recompacted in accordance with the recommendations of the final geotechnical investigation, the potential for liquefaction due to seismic activity would be very low. According to the City’s Liquefaction and Landslides map, the Project site and the immediate area are not within a zone of generalized landslide susceptibility.8
Therefore, Project development would not subject people or structures to liquefaction hazards, and impacts including risk of loss, injury, or death would be less than significant and no mitigation is required.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.
8 City of Menifee. (2014). Exhibit S-3, Liquefaction and Landslides Map. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/1030/S-3_LiquefactionandLandslides_HD0913?bidId= (accessed September 2023).

February 2024 4-28 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 77

Menifee Mayor and City Council
March 20, 2024
Page
606 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would result in no new or more severe impact concerning the risk, loss, injury, or death involving seismic-related ground failure, including liquefaction. Accordingly, no Project-specific mitigation is required.
(iv) Landslides?
No New or More Severe Impact: The FEIR determined that landslides are not a potential hazard to the Specific Plan area. Topographically, the Project is characterized by relatively flat lands, with low gradient sloping towards the northern portion of the Project site. According to the City’s Liquefaction and Landslides map, the Project site and the immediate area are not within a zone of generalized landslide susceptibility.9 The Project site is also outside of the hazard zone for rockfall/debris-flow. Consistent with the FEIR determination, there would not be an impact concerning the risk, loss, injury, or death from landslides.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe new impact concerning the risk, loss, injury, or death involving landslides. No impact would occur, and no Project-specific mitigation measures are required.

Threshold (b) Result in substantial erosion or loss of topsoil? No New or More Severe Impact: The FEIR concluded that construction activities have the potential to result in soil erosion or the loss of topsoil. Consistent with the FEIR, the Project would be required to implement the City’s erosion control standards and earthwork recommendations from the 2014 Geotechnical Review/Update to minimize erosion or loss of topsoil during construction activity.

Erosion would also occur during the operation phase of the Project due to landscaping and park maintenance. Consistent with the FEIR, the Project Applicant would file a Notice of Intent with the Santa Ana Regional Water Quality Control Board (RWQCB) indicating that the proposed Project’s construction activities would be in compliance with the “conditions” of the Construction Activities General Permit (State Water Resources Board Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System [NPDES] No. CAS000002). The primary condition of the Construction Activities General Permit would consist of a Storm Water Pollution Prevention Plan (SWPPP) which would include Best Management Practices (BMPs) to address soil erosion. Compliance with the Construction Activities General Permit would further reduce the potential for soil erosion and loss of topsoil. Impacts would be less than significant.
9 City of Menifee. (2014). Exhibit S-3, Liquefaction and Landslides Map. Retrieved from:
https://www.cityofmenifee.us/DocumentCenter/View/1030/S-3_LiquefactionandLandslides_HD0913?bidId= (accessed September 2023).

February 2024 4-29 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 78

Menifee Mayor and City Council
March 20, 2024
Page
607 of 1058

Conclusion
The Project would result in no, or no more severe, new impacts as it pertains to erosion or loss of topsoil.

There are no new potentially significant impacts associated with the Project and no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Threshold (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
No New or More Severe Impact: As discussed under Impact 4.6a(iii and iv), liquefaction and landslides were not considered to be a design concern for the Project, and potential for lateral spreading would be low.

The major cause of ground subsidence is the excessive withdrawal of groundwater. The 2013 infiltration study explored the soils underlying the infiltration basin areas by means of eight test borings locations.

Neither bedrock nor groundwater was encountered during the boring testing. Records from the State of California Department of Water Resources were reviewed which concluded that at the closest water well (Identified as State Well Number 05S/03W-17A001S) is located approximately 2,500 feet to the northeast of the Project site. Water level readings within this monitoring well indicated a groundwater level of 22 feet below the ground surface in February 1995. The infiltration report concluded that the bottom of the infiltration basins would be 80 feet to 120 feet above the water surface elevation. Therefore, based on the great depth to groundwater, groundwater would not affect excavations for the foundations and utilities. Additionally, the FEIR’s Geotechnical Review/Update, groundwater was not encountered during boring exploration to a total depth of 25 feet below existing grades. Additionally, the Project would undergo moisture conditioning and recompacting at the near surface per the FEIR’s Geotechnical Review/Update recommendations. Therefore, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to on- or off-site landslides, lateral spreading, subsidence, liquefaction, or collapse. on geologic and soil resources. There are no new potentially significant impacts associated with the Project and no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

February 2024 4-30 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 79

Menifee Mayor and City Council
March 20, 2024
Page
608 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code, creating substantial direct or indirect risks to life or property? No New or More Severe Impact: The FEIR concluded that laboratory testing conducted on the Specific Plan on-site soils generally possess a very low to medium expansion potential. However, Ault Clay is considered to be an expansive soil type and makes up approximately 63 acres of the Specific Plan area, including portions of the Project site. Consistent with the FEIR, the Project would implement Uniform Building Code design recommendations and recommendation from the final Geotechnical Investigation.

Therefore, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to expansive soils. There are no new potentially significant impacts associated with the Project; therefore, no new mitigation measures are required for issues related to expansive soils. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Threshold (e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewer are not available for the disposal of waste water?
No New or More Severe Impact: Consistent with the FEIR, the Project would be served by the existing Eastern Municipal Water District (EMWD) sewer system and no septic tanks or alternative wastewater disposal system would be required. Therefore, no impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact as it pertains to soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. There are no new potentially significant impacts associated with the Project regarding septic tanks or wastewater disposal systems; therefore, no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

February 2024 4-31 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 80

Menifee Mayor and City Council
March 20, 2024
Page
609 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
No New or More Severe Impact: The FEIR conducted a Paleontological Resources Assessment Report which concluded that the Specific Plan’s potential ranges from low to high. The Specific Plan area has been extensively graded and therefore minimized the sensitivity of surficial sediments throughout the Specific Plan area. Thus, no paleontological monitoring was recommended unless undisturbed Pleistocene-age sediments are encountered at depth. In the event that paleontological resources are discovered, the Project would implement FEIR MM Paleo 1, which would require continuous monitoring for paleontological resources and implementation of a mitigation program to address potential impacts to the discovered paleontological resource. Therefore, with implementation of FEIR MM Paleo 1, impacts concerning paleontological resources would be reduced to a less than significant level.

Mitigation Program
The FEIR included MM Paleo 1 to reduce potential impacts to paleontological resources associated with the implementation of the Approved Project.

Mitigation Measures from the FEIR
MM Paleo 1 Should undisturbed Pleistocene-age sediments be encountered at depth as determined by the Project geologist, continuous monitoring for paleontological resources and a mitigation program to address potential impacts to any paleontological deposits that are unearthed shall be required. The mitigation program shall be developed in accordance with the provisions of CEQA as well as with the proposed guidelines of the Society of Vertebrate Paleontology, and shall include but not be limited to:
1) The excavation of areas identified as likely to contain paleontologic resources shall be monitored by a qualified paleontological monitor. Monitoring shall be restricted to the underlying, undisturbed older Pleistocene-age sediments conducive to the preservation of fossils. The monitor shall be prepared to quickly salvage fossils as they are unearthed to avoid construction delays. The monitor will also remove samples of sediments that are likely to contain the remains of small fossil invertebrates and vertebrates. The monitor shall have the power to temporarily halt or divert grading equipment to allow for removal of abundant or large specimens. 2) Collected samples of sediments shall be washed to recover small invertebrate and vertebrate fossils. Recovered specimens shall be prepared so that they can be identified and permanently preserved.
3) Specimens shall be identified, curated, and placed into a repository with permanent retrievable storage.
4) A report of findings, including an itemized inventory of recovered specimens, shall be prepared upon completion of the steps outlined above. The report shall include a discussion of the significance of all recovered specimens. The report and inventory, when submitted to the City of Menifee, will signify completion of the program to mitigate impacts to paleontologic resources.

February 2024 4-32 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 81

Menifee Mayor and City Council
March 20, 2024
Page
610 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would result in a less than significant impact concerning paleontological resources with implementation of FEIR MM Paleo 1. No Project-specific mitigation is required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Overall Geology and Soils Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from the previously identified impacts with respect to geology and soils. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-33 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 82

Menifee Mayor and City Council
March 20, 2024
Page
611 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.7 GREENHOUSE GAS EMISSIONS (CLIMATE CHANGE)
Summary of Previous Environmental Analysis
The FEIR determined that implementation of MMs Air 2 through Air 6 would ensure that the Approved Project’s GHG emissions will achieve a 21.7 percent reduction from the Project’s Business-as-Usual (BAU) demonstration that the Project meets the Assembly Bill (AB) 32 reduction target of 15 percent.

Furthermore, the FEIR concluded that the Approved Project is consistent with the with the policies and goals implemented to reduce GHG emissions. Therefore, GHG impacts are considered less than significant after implementation of mitigation.

As described in Section 3.0, the Project proposes transferring 49 residential lots from PA-4 to PA-5 and transferring the 10.19-acre park from PA-5 to PA-4 but does not propose any alterations to density or an increase in the number of lots as a result of these revisions. PA-4 would consist of 81 residential lots and include a 10.9-acre park consisting of active uses, including lighted ball fields, and passive uses and amenities, including a dog park for the community and on-site parking. PA-5 would consist of 151 residential lots, a 1.5-acre recreation area, and a 1.2-acre pickleball facility. An access gate would connect PA-5 and PA-6 as they are both proposed to be age restricted gated communities. Therefore, the Cimarron Ridge Air Quality and Global Climate Change Impact Analysis was relied upon for the following analysis since the Project would only provide a locational change and does not propose any additional uses not analyzed in the FEIR (see FEIR Appendix B.1 for more information).

Analysis of Proposed Project
Threshold (a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment.

No New or More Severe Impact: FEIR Table 5.4-B: Unmitigated Project 2020 GHG Emissions showed that the Approved Project’s GHG emissions in 2020 would be 15,088.24 MTCO 2e. As the Approved Project’s GHG emissions exceeded the screening threshold of 3,000 MTCO2e per year, the Approved Project's Year 2010 BAU emissions were compared to the Approved Project's year 2020 emissions (with mitigation and regulation). FEIR Table 5.4-C: Project BAU GHG Emissions shows that the Project's unmitigated, unregulated year 2010 BAU emissions would be 16,429.91 MTCO2e per year. With implementation of FEIR MMs Air 2 through Air 6 and planting of 1,776 trees, the Approved Project’s emissions would be reduced to 12.872.75 MTCO2e. This equates to a 21.7 percent reduction from BAU which meets the CARB reduction threshold of 15 percent reduction from BAU. Consistent with the FEIR, the Project would implement FEIR MMs Air 2 through 6 and include planting of trees which would ensure that the operation of the Project would not generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment, nor would it create a significant cumulative impact to global climate change. Impacts would be mitigated to a less than significant level.

Mitigation Program
Mitigation Measures from the FEIR
See MMs Air 2 through Air 6 in Section 4.3, Air Quality, Threshold (b) of this Addendum EIR.

February 2024 4-34 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 83

Menifee Mayor and City Council
March 20, 2024
Page
612 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would result in a less than significant impact to climate change as a result of the generation of GHG emissions. GHG emissions are within the emissions disclosed in the FEIR. No new impact or increase in the severity of an identified impact would therefore occur with implementation of the Project with compliance with FEIR MMs Air 2 through Air 6. No Project-specific MMs are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Threshold (b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases.

No New or More Severe Impact: Consistent with the FEIR, the Project’s residential uses would comply with all CALGreen Code mandatory green building measures, which would require that new buildings reduce water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant emitting finish materials. The implementation of these stricter building and appliance standards would result in water, energy, and construction waste reductions for the Project’s residential uses.

As previously discussed in Threshold (a) above, the buildout of the Specific Plan would result in a 21.7 percent BAU emissions reduction. Therefore, the buildout of the Specific Plan, including the Project, would not hinder the State’s ability to achieve AB 32’s goal of achieving 1990 levels of GHG emissions by 2020.

Consequently, the buildout of the Project would not hinder the state’s ability to achieve AB 32’s goal. The Project’s consistency with the CARB Climate Scoping Plan.

Scoping Plan
Pursuant to the requirements in AB 32, CARB adopted the Climate Change Scoping Plan (Scoping Plan) in 2008, which outlines actions recommended to obtain that goal. The Scoping Plan provides a range of GHG reduction actions that include direct regulations, alternative compliance mechanisms, monetary and nonmonetary incentives, voluntary actions, market-based mechanisms such as the cap-and-trade program, and an AB 32 implementation fee to fund the program. Although a number of these measures are currently established as policies and measures, some measures have not yet been formally proposed or adopted. It is expected that these actions to reduce GHG emissions will be adopted as required to achieve statewide GHG emissions targets. As discussed above, the Project is consistent with the reduction targets established by AB 32, using 15 percent as the reduction target. Mitigation measures incorporated into the Project contribute to greenhouse gas reductions. Per FEIR Table 5.4-E, the Project is consistent with the policies and goals implemented to reduce GHG emissions. Therefore, impacts would be mitigated to less than significant levels.

Mitigation Program
Mitigation Measures from the FEIR
See MMs Air 2 through Air 6 in Section 4.3, Air Quality, Threshold (b) of this Addendum EIR.

February 2024 4-35 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 84

Menifee Mayor and City Council
March 20, 2024
Page
613 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would not conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases resulting in a less than significant impact. Therefore, a less than significant impact would occur, and no Project-specific mitigation measures are required.

Overall Greenhouse Gas Emissions Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from the previously identified impacts with respect to greenhouse gas emissions. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of a SEIR is not warranted.

February 2024 4-36 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 85

Menifee Mayor and City Council
March 20, 2024
Page
614 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.8 HAZARDS AND HAZARDOUS MATERIALS
Summary of Previous Environmental Analysis
The FEIR concluded that implementation of the Specific Plan would result in less than significant impacts and no impacts relative to hazards and hazardous materials.

Analysis of Proposed Project
Threshold (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
No New or More Severe Impact: The Project would involve the transport, use, and disposal of hazardous materials during short-term construction activity. Use of hazardous materials include, but are not limited to the use of fuels, cleaning solvents, paints, and materials for servicing construction equipment on the site. These types of materials are not acutely hazardous. Additionally, the Project’s storage, handling, use, and disposal of these materials would comply with applicable federal and State regulations. These regulations include the federal Occupational Safety and Health Act and Hazardous Materials Transportation Act; Title 8 of the California Code of Regulations (CalOSHA), and the State Unified Hazardous Waste and Hazardous Materials Management Regulatory Program. As a result, routine transport and use of hazardous materials during construction would be less than significant.

During operations, use of hazardous materials would include, but not be limited to paints, landscape products, and cleaning solvents typical used for residential and recreational uses. These types of hazardous materials are not acutely hazardous. Similarly, the Project would be required to comply with all applicable federal, State, and local regulations to ensure that impacts concerning the transport, use, or disposal of hazardous materials are minimized. Compliance with all applicable federal and state laws related to the transportation, storage and response to upsets or accidents that may involve hazardous materials, would reduce the likelihood and severity of upsets and accidents during transit and storage, and potential impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
With compliance with applicable federal, State, and local regulations, the Project’s impacts concerning significant hazards from routine transport, use, or disposal of hazardous materials would be less than significant. There are no new potentially significant impacts associated with the Project and no Project- specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

Threshold (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment?
February 2024 4-37 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 86

Menifee Mayor and City Council
March 20, 2024
Page
615 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee No New or More Severe Impact: The foreseeable upset and accident release of hazardous materials are primarily subject to federal regulation by the Department of Transportation (DOT) Office of Hazardous Materials Safety in accordance with Title 49 of the Code of Federal Regulations (Hazardous Materials Transportation Act). California regulations applicable to Hazardous material transport, storage and response to upsets or accidents are codified in Title 13, (motor vehicles) Title 8 (Cal/OSHA), Title 22 (Health and Safety Code), Title 26 (Toxics) of the California Code of Regulations, Chapter 6.95 of the Health and Safety Code (Hazardous Materials Release Response Plans and Inventory) and the California Building Code.

Therefore, compliance with all applicable federal and state laws related to the transportation, storage and response to upsets or accidents that may involve hazardous materials, would reduce the likelihood and severity of upsets and accidents during transit and storage, and potential impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in a less than significant impact as it pertains to upset and accident conditions involving the release of hazardous materials. No Project-specific mitigation measures are required.

Threshold (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No New or More Severe Impact: Consistent with the FEIR, the Project site is not located within one- quarter mile of an existing or proposed school site. The closest school is Ridgemoor Elementary located at 25455 Ridgemoor Road, Sun City, CA 92586 located approximately 1.5 miles south of the Project site.

Therefore, no impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact to as it pertains to emission or hazardous materials release near a school. There are no new potentially significant impacts associated with the Project and no Project-specific mitigation measures are required. Furthermore, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would impact the prior finding of less than significant impact.

February 2024 4-38 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 87

Menifee Mayor and City Council
March 20, 2024
Page
616 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result, would create a significant hazard to the public or the environment?
No New or More Severe Impact: According to the FEIR, the Specific Plan area, including the Project site, was not included on any hazardous material sites list compiled pursuant to Government Code Section 65962.5. Additionally, the Phase I Environmental Site Assessment (ESA) conducted for the FEIR concluded that there are no significant hazards located within the Specific Plan area. Therefore, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in a less than significant as it pertains to hazardous materials sites compiled pursuant to Government Code Section 65962.5. No Project-specific mitigation measures are required.

Threshold (e) Would a Project located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or public use airport, result in a safety hazard for people residing or working the project area? No New or More Severe Impact: The Project site is partially located within Airport Compatibility Zone E of the Perris Valley Airport Influence Area (AIA), a privately owned airport that is open to public use, therefore the Project is subject to development review by the Airport Land Use Commission (ALUC). This compatibility zone sets forth land use compatibility guidelines, maximum population density requirements, and height restrictions. Compatibility Zone E allows for residential development and has no restrictions on density. The Project site is located outside of the 55 dB(A) CNEL contour from Perris Valley Airport and outside the 60 dB(1) CNEL contour from March Air Reserve Base, therefore no special measures to mitigate aircraft noise are required at the Specific Plan area. An application was submitted during the FEIR to ALUC staff in 2014 to address concerns. The Approved Project, including the Project, was found conditionally consistent with the 2010/2011 Perris Valley Airport Land Use Compatibility Plan (ALUCP). In addition, on November 29, 2023, the Riverside County ALUC found (confirmed) that the Project site is located within Airport Compatibility Zone E of the Perris Valley AIA (and partially outside the AIA, which does not restrict residential density or non-residential intensity. The Project does not involve changes in development standards or allowable land uses that would increase residential density or non-residential intensity. Therefore, the Project has no possibility of having an impact on the safety or air navigation within the Perris Valley Airport AIA. It was concluded that the Project is consistent with the 2011 Perris Valley ALUCP, provided the City follow the recommended conditions, as outlined in Appendix D. As such, the Project would not result in a safety hazard for people working or residing in the Project area. Therefore, impacts are less than significant.

February 2024 4-39 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 88

Menifee Mayor and City Council
March 20, 2024
Page
617 of 1058

Conclusion
The Project’s impacts to any applicable airport land use plans and emergency plan would be less than significant. There are no new potentially significant impacts associated with the Project, and no Project- specific mitigation measures are required.

Threshold (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
No New or More Severe Impact: The City has adopted an Emergency Operations Plan to identify hazardous situations, phases of emergency management, and communication and warning systems available to effectively deal with emergency situations. No revisions to the adopted Emergency Operations Plan would be required as a result of construction on the Project site. The nearest fire stations are the Riverside County Fire Station 7 (located at 28349 Bradley Road, Sun City, CA 92586), located approximately 2.2 miles southeast of the Project site and Riverside County Fire Station 5 (located at 28971 Goetz Road, Menifee, CA 92587) located approximately 1.9 miles southwest from the Project site. Should a response from the station or another fire station near the site or other nearby uses be required, response times would not be impacted because primary access to all major roads would be maintained during construction.

Pursuant to the Menifee GP Evacuation Routes Map, evacuation routes in the Project area include I-215, Case Road, Ethanac Road, Murrieta Road, and Goetz Road.10 I-215 may be considered an emergency route as it traverses the City and provide access to many main thoroughfares.

Any design of any needed roadway improvements and subsequent construction due to increased traffic volumes on local roadways would comply with the applicable federal, state, and local requirements including but limited too, the California Fire and Building Codes. The proposed design and construction plans for any future construction and roadway improvements, including potential mitigation (road widening or intersection improvements) to accommodate any future increase in traffic volume would be reviewed and approved by the City engineering department and fire marshal (if needed) during the plan review and prior to Project approval.

Thus, The Project would comply with design standards for emergency services and would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. Impacts would be less than significant in this regard and mitigation is not necessary.

Mitigation Program
Mitigation Measures from the FEIR
10 City of Menifee. ND. Menifee General Plan, Exhibit S-9 Evacuation Routes. https://www.cityofmenifee.us/DocumentCenter/View/14711/Evacaution-Routes (accessed October 2023).

February 2024 4-40 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 89

Menifee Mayor and City Council
March 20, 2024
Page
618 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee None identified in the FEIR.

Conclusion
The Project would result in a less than significant as it pertains to the impair, implement of, or physically interfere with an adopted emergency response plan or emergency evacuation plan. No Project-specific mitigation measures are required. I-215 may be considered an emergency route as it traverses the City and provide access to many main thoroughfares.

Threshold (g) Expose people or structures to a significant risk of loss, injury or death involving wildland fires?
No New or More Severe Impact: Although the FEIR concluded that portions of the Specific Plan area are located within a State Responsibility Area (SRA) and in a high and very high fire hazard severity zone (FHSZ), review of CAL FIRE’s current Fire Hazard Severity Zones in State Responsibility Area viewer identifies the Project site as being located outside of an SRA (see Exhibit 10: Fire Hazard Severity Zone – CAL FIRE). 11 Furthermore, while the Menifee GP Exhibit S-8, Very High Fire Hazard Severity Zones and Public Facilities (see Exhibit 9: Fire Hazard Severity Zone – General Plan) shows that a very small portion of PAs 4 through 6 are an SRA very high FHSZ, this map is dated 2021.12 The CAL FIRE viewer is dated 2023, more accurately representing current Project site conditions. Therefore, the Project would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact would occur (refer to Section 4.18, Wildfire of this Addendum EIR for more information).

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new impact from wildland fires. There are no new anticipated potentially significant impacts associated with the Project. Additionally, no Project-specific mitigation measures are required.

Overall Hazards-Related Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from the previously identified impacts with respect to hazards and hazardous materials. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted. 11 CAL Fire. (2023). Fire Hazard Severity Zone Viewer. Available at: https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=988d431a42b242b29d89597ab693d008 (accessed October 2023). 12 City of Menifee. (2021). General Plan – Exhibit S-8. Available at:
https://www.cityofmenifee.us/DocumentCenter/View/14710/2_Safety_Exhibits_8-5_2021-8---Very-High-Fire-Hazard-Severity-Zoones-and- Public-Facilities (accessed October 2023).

February 2024 4-41 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 90

Menifee Mayor and City Council
March 20, 2024
Page
619 of 1058

Very High Fire Hazard Severity Zones (VHFHSZ)
State Responsibility
Local Responsibility
Project Site
§ ¨ ¦215
Source: City of Menifee. (2021). General Plan - Exhibit S-8 Very High Fire Hazard Severity Zones and Public Facilities Exhibit 9: Fire Hazard Severity Zone - General Plan
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 91

Menifee Mayor and City Council
March 20, 2024
Page
620 of 1058

Project Site
Source: CAL FIRE. (2023). Fire Hazard Severity Zone Viewer Exhibit 10: Fire Hazard Severity Zone - CAL FIRE
City of Menifee
TTM 36658 and Specific Plan 2013-247 (Cimarron Ridge) Project Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 92

Menifee Mayor and City Council
March 20, 2024
Page
621 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.9 HYDROLOGY AND WATER QUALITY
Summary of Previous Environmental Analysis
The FEIR concluded that implementation of the Specific Plan would not result in significant impacts relative to hydrology and water quality, and no mitigation is necessary to reduce potential impacts.

Analysis of Proposed Project
Threshold (a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality?
No New or More Severe Impact: Construction activities could impact water quality through sheet erosion and sediment and pollutants entering drainages near the site. Grading activities could lead to uncontrolled sheet flow polluted with fuels, lubricants, and solid and liquid waste. These pollutants could potentially occur from improperly managed construction activities and vehicle maintenance which could lead to accelerated rates of erosion and potentially degrade surface or groundwater quality.

Additionally, prior to the issuance of grading permits for the Project, the Project Applicant will file a Notice of Intent with the Santa Ana RWQCB indicating that the proposed Project’s construction activities would be in compliance with the “conditions” of the Construction Activities General Permit (State Water Resources Board Order No. 2009-0009-DWQ, NPDES No. CAS000002). The primary condition of the Construction Activities General Permit would consist of a SWPPP which would include BMPs to address soil erosion. BMPs are designed to control and prevent discharges of pollutants that can adversely impact the downstream surface water quality. Construction activities are also required to comply with the City’s Stormwater/Urban Runoff Ordinance, the City’s Grading Ordinance, and other required regulations.

Therefore, compliance with standard regulatory requirements would ensure that the Project would not violate water quality standards or waste discharge requirements during construction.

During operation, the Project would implement the Project BMPs contained in the FEIR’s water quality management plan (WQMP) to treat all pollutants of concern (POC) and hydrologic conditions of concern, consistent with the approved WQMP developed in compliance with the City’s MS4 permit (refer to FEIR pages 4-9 and 4-10). Compliance with the NPDES General Construction Permit and adherence to the FEIR WQMP would ensure that the Project would not violate any water quality standards or waste discharge requirements. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related to the violation of any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality with compliance of State and local regulations. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would change the impact determination. Accordingly, the Project would not significantly impact surface or groundwater quality. Impacts would be less than significant.

February 2024 4-44 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 93

Menifee Mayor and City Council
March 20, 2024
Page
622 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
No New or More Severe Impact: Water services would be supplied to the Specific Plan area by EMWD.

According to EMWD, approximately twenty percent of EMWD’s potable water demand is supplied by EMWD groundwater wells and the remainder is supplied by imported water from the Metropolitan Water District of Southern California (MWD) through its Colorado River Aqueduct and its connections to the State Water Project. The majority of the groundwater produced by EMWD comes from its wells in the Hemet and San Jacinto area. The development of the Specific Plan’s land uses were considered in developing the EMWD’s Urban Water Management Plan which is used to support water supply assessments.

Consistent with the FEIR, the Project does not include groundwater extraction wells and domestic water to serve the Project site is expected to come from MWD and not from local groundwater sources.

Therefore, the Project’s water supply would not substantially deplete EMWD’s groundwater supplies. In addition, the Project would incorporate site design BMPs pursuant to the FEIR WQMP to maximize pervious surfaces, thereby promoting infiltration and groundwater recharge. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related to a decrease or interference of groundwater supplies. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site; No New or More Severe Impact: As stated in the FEIR, the Specific Plan area is currently vacant and there are no existing defined drainage courses, streams, or rivers. The Project site is highly disturbed as it was previously mass graded for home pads, roads, detention basins, infrastructure, etc. Runoff from the Project site would be discharged into a designated water quality basin which have been designed to mitigate increased runoff. Furthermore, the Specific Plan area has been designed to follow the existing flow patterns throughout the Specific Plan area, and would maintain the same area of flow during operations. Consistent with the FEIR, prior to the issuance of grading permits, the Project would prepare a SWPPP pursuant to the statement General Construction Permit NPDES No. CAS000002, Waste Discharge Requirements Order No. 2009-0009-DWQ that incorporates BMPs to minimize the potential for construction related runoff and erosion. Therefore, the Project would not substantially alter an existing drainage pattern, including alteration of the course of a stream or river, in a manner resulting in substantial erosion or siltation on- or off-site. Impacts would be less than significant.

February 2024 4-45 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 94

Menifee Mayor and City Council
March 20, 2024
Page
623 of 1058

Conclusion
The Project would not result in new or more severe impacts related to substantial erosion or siltation on- or off-site with the implementation. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified. ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site;
iv) impede or redirect flood flows?
No New or More Severe Impact: The FEIR determined that impacts related to hydrology and water quality would be less than significant. Development of the Project was concluded to maintain the existing drainage efficiency of the Project site via the placement of multiple detention basin and stormwater conveyance facilities in each Planning Area. Specifically, Planning Area 4 would drain to a detention basin centrally located in the Specific Plan area, and Planning Areas 5 and 6 would drain to a detention basin located at the southeast corner of Valley Boulevard and McLaughlin Road. Stormwater would then be conveyed outside of the Project area to existing facilities.

The Project would involve the development of Planning Areas 4 and 5 in a similar intensity as analyzed in the FEIR. The Project would allow for the development of approximately 81 dwelling units in PA-4 and 151 dwelling units in PA-5. The impervious surface area introduced by the Project would therefore be similar to the Approved Project. Therefore, the Project would not increase surface runoff in a manner resulting in flooding on- or off-site. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related to an increased flood risk due to surface runoff. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified. iii) create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provided substantial additional resources of polluted runoff; or
No New or More Severe Impact: The Project would increase the impervious surfaces within Planning Areas 4 and 5 via the construction of residential units and additional facilities such as roadways and improved surfaces. This would reduce potential infiltration into exposed soil and induce stormwater runoff. This generated runoff would be conveyed to existing stormwater facilities. As summarized above, the Project runoff would not exceed the conveyance capability as compared to current conditions. Also, February 2024 4-46 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 95

Menifee Mayor and City Council
March 20, 2024
Page
624 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee the Project would comply with the City’s NPDES and SWPPP requirements. As concluded in the FEIR, compliance with these standards will minimize the Project’s increased runoff and additional sources of polluted runoff. Therefore, the Project would not exceed the capacity of existing or panned stormwater drainage systems or generate excessive polluted runoff. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related excessive runoff. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
No New or More Severe Impact: As shown in the Federal Emergency Management Agency (FEMA) Flood and Inundation Risk Map (FIRM) 06065C2055H eff. 8/19/2014, the Project is located outside of a flood hazard zone.13 Therefore, the Project is not anticipated to experience or exasperate flood conditions due to inundation. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related flooding. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
No New or More Severe Impact: The Project is underlain by the San Jacinto Groundwater Basin. For groundwater management plan and reporting purposes, the San Jacinto Groundwater Basin is further separated into the Hemet/San Jacinto Management Plan Area, where the San Jacinto Fault Zone strongly influences the groundwater hydrology and is adjudicated under the Hemet-San Jacinto Watermaster, and the West San Jacinto Management Plan Area (submitted to the Department of Water Resources on January 31, 2022), for which EMWD is the designated Groundwater Sustainability Agency. Furthermore, the FEIR concluded that a project of this character would not deplete groundwater supplies to the point that they would conflict with a groundwater management plan. This is due largely to the source of Project 13 FEMA. (2014). FEMA Flood Map Service Center; Search by Address. Available at: https://msc.fema.gov/portal/search?AddressQuery=menifee (accessed October 2023).

February 2024 4-47 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 96

Menifee Mayor and City Council
March 20, 2024
Page
625 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee water being MWD’s imported water, instead of local groundwater. Additionally, the Project would continue to require specific developers to create WQMPs on a project-specific basis in order to comply with the City’s MS4 permit procedure. Therefore, the Project is not anticipated to conflict with established water quality control plans or groundwater management plans. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would not result in new or more severe impacts related conflicts with groundwater plans or water quality control plans. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Hydrology and Water Quality-Related Impacts Conclusion With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from the previously identified impacts with respect to hydrology and water quality. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-48 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 97

Menifee Mayor and City Council
March 20, 2024
Page
626 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.10 LAND USE AND PLANNING
Summary of Previous Environmental Analysis
According to the FEIR, development of the Specific Plan area would not divide an established community.

The Approved Project would be developed with medium density residential and open space conservation and recreational (park) uses, including circulation and associated infrastructure improvements. The FEIR concluded that impacts relative to land use and planning would be less than significant.

Analysis of Proposed Project
Threshold (a) Physically divide an established community? No New or More Severe Impact: Consistent with the FEIR, the Project would not divide an established community. Consistent with the FEIR, the Project’s proposed medium density residential and open space recreational uses would be permitted by right, following in the approval of the proposed Specific Plan Amendment. The Project site is currently vacant and therefore, the proposed vehicular and non-vehicular circulation improvements would not create additional physical barriers not covered in the proposed Specific Plan amendment. Furthermore, the Project would be consistent with the proposed Specific Plan Amendment’s development regulations and would therefore, not impact connectivity or mobility of vehicles or pedestrian walkways. Therefore, no new or more severe impacts associated with the physical division of an established community would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact as it pertains to physically dividing a community.

No new or more severe impact from a previously identified significant impact evaluated in the FEIR would occur. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified is available that would change the impact determination.

Threshold (b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?
No New or More Severe Impact: The Project site is located within PAs 4 and 5 of the Specific Plan area which was planned for both medium density residential and open space recreation. The Project would require a Specific Plan Amendment and Tentative Tract Map Revision for TR36658. The SPA is for the amendment of the Cimarron Ridge Specific Plan and proposes changes to the previously established PA- 4 and PA-5. As shown in Table 1: Proposed Project Summary above, the Project proposes transferring 49 residential lots from PA-4 to PA-5 and transferring the 10.19-acre park from PA-5 to PA-4 but does not propose any alterations to density or increase in the number of lots as a result of these revisions. PA-4 would consist of 81 residential lots and include a 10.9-acre park consisting of active uses, including lighted ball fields, and passive uses and amenities, including a dog park for the community and on-site parking.

PA-5 would consist of 151 residential lots and a 1.5-acre recreation area and a 1.2-acre pickleball facility February 2024 4-49 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 98

Menifee Mayor and City Council
March 20, 2024
Page
627 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee (proposed to be private). Gated access would be provided between PA-5 and PA-6, both of which are proposed to be age restricted gated communities. Consistent with the FEIR, the Specific Plan Amendment would adhere to the Menifee GP’s Goals and policies. The Project would also adhere to Specific Plan Amendment’s development regulations which take precedence over the City’s zoning ordinance. Upon approval of the Specific Plan Amendment and Tentative Tract Map Revision, the Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact to as it pertains to conflict with land use plans, policies, and regulations. The Project would be consistent with the Specific Plan Amendment, the Menifee GP and MC, and applicable City design standards. Therefore, the Project would not cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.

Overall Land Use Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts from the previously identified impacts, with respect to land use and planning. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-50 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 99

Menifee Mayor and City Council
March 20, 2024
Page
628 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.11 MINERAL RESOURCES
Summary of Previous Environmental Analysis
The Specific Plan is in an area that has been classified as MRZ-3 which are areas where the significance of mineral deposits cannot be evaluated from available data. However, the FEIR concluded that the likelihood of extracting unknown significant mineral resources is very low. Additionally, no mining operations currently occur on or in close proximity of the Specific Plan area. Furthermore, the Specific Plan area is not delineated as a locally important mineral resource recovery site. Therefore, buildout of the Specific Plan area would not result in significant impacts relative to mineral resources, and no mitigation measures were implemented.

Analysis of Proposed Project
Threshold (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state.

No New or More Severe Impact: The Project is not anticipated to result in the loss of a known mineral resource that would be of value to the region and would not result in the loss of availability of a locally important mineral resources recovery site. As stated above, the MRZ mapped for the Specific Plan including the Project site, is MRZ-3. MRZ-3 classification is an area is an area where the available geologic information indicates that mineral deposits are likely to exist, however, the significance of the deposit is undetermined. As the Project site has no history of mineral resource recovery uses and does not contain any known mineral resource and is not located within an area that has been classified or designated as a mineral resource area by the State Board of Mining and Geology. Consistent with the FEIR determination, no impact to a known mineral resource of value would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (b) Result in the loss of availability of a locally important mineral resources recovery site delineated on a local general plan, specific plan, or other land use plan? No New or More Severe Impact. As previously discussed in Threshold (a) above, there are no mining operations that occur within the Specific Plan area or have been conducted on or in close proximity of the Specific Plan area, including the Project site. Furthermore, the Project site is not delineated as a locally important mineral resource recovery site by the Menifee GP or any other land use map. Therefore, no impact would occur.

February 2024 4-51 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 100

Menifee Mayor and City Council
March 20, 2024
Page
629 of 1058

Conclusion
The Project would result in no new or more severe impact related to the loss of a locally important mineral resources recovery site. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Mineral Resources Impacts Conclusion
The Project would result in no new or more severe impact to mineral resources. Therefore, no new and/or refined mitigation measures are required for issues related to mineral resources. With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from previously identified impacts, with respect to mineral resources. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR analysis is not warranted.

February 2024 4-52 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 101

Menifee Mayor and City Council
March 20, 2024
Page
630 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.12 NOISE
Summary of Previous Environmental Analysis
The FEIR determined that the development of the Specific Plan would have the potential of generating noise impacts through the construction of future residential units and other structures. FEIR MM’s Noise 1 through Noise 6 were subsequently proposed in order to ensure compliance with County and City noise standards as well as conduct best practices including the use of sound walls. Furthermore, FEIR MMs Noise 7 through Noise 9 to reduce potential traffic noise associated with Specific Plan implementation. These mitigation measures were found to reduce potential impacts to less than significant levels.

Analysis of Proposed Project
Threshold (a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No New or More Significant Impact.

Temporary Construction Noise Impact:

Temporary noise impacts would occur during Project construction. Construction noise varies depending on the construction process, type of equipment involved, location of the construction site with respect to sensitive receptors, the schedule proposed to carry out each task, (e.g., hours and days of the week) and the duration of the construction work. FEIR Table 5.6-F (page 5.6-12) included typical noise sources and noise levels associated construction activities.

The City has adopted Riverside County Ordinance No. 847. This ordinance prohibits the creation of any sound on any property designated by the General Plan as “residential” which causes the exterior sound level to exceed 55 dBA L max between the hours of 7:00 a.m. and 10:00 p.m. or 45 dBA Lmax between the hours of 10:00 p.m. and 7:00 a.m. However, construction is exempt from Ordinance No. 847 as long as it is limited to between the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September, and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May. Since the FEIR determined that construction could result reach between 77 dBA Leq and up to 79 dBA L max at 100 feet to the nearest receptor, the Project is required to comply with mitigation measure MM Noise 1, which limits construction activities to the stated timeframe in compliance with Ordinance No. 847. Moreover, the Project would implement FEIR MMs Noise 2 through Noise 5 to further lessen the Project’s construction-related impacts as it requires the construction contractor to properly operate and maintain equipment, staging equipment away from noise-sensitive receptors, turning off equipment and vehicles not in use and prohibits idling in excess of five minutes, and provides a posted sign identifying the construction manager as the point of contact for local residents with noise complaints. Since the FEIR concluded construction impacts would still have the potential to temporarily increase the ambient measured noise levels at the nearest noise-sensitive receptor by as much as 16.1 dBA (under a worst-case scenario), FEIR MM Noise 6 would also be implemented which require the implementation of a temporary 12-foot-high noise barrier and preparation of construction noise reduction plan to reduce temporal noise impacts to a less than significant level.

February 2024 4-53 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 102

Menifee Mayor and City Council
March 20, 2024
Page
631 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Permanent Operational Noise Impact
Potential permanent or long-term noise impacts associated with the Project include off-site sources such as Project-specific traffic increases on area roadways. As concluded in the FEIR, the noise increase at six roadways was projected to exceed City standards at 50 feet from centerline. However, the Project-specific increase is not considered substantial (i.e., the increase is less than 5 dBA). The greatest increase in ambient noise levels due to Project-generated traffic is projected to be 1.2 dBA CNEL along Chambers Avenue between Valley Boulevard and Murrieta Road, and along Goetz Road between Monument Parkway and Goldenrod Avenue. Increases in ambient noise levels due to Project-generated traffic will not exceed 5 dBA would not be audible to the average human ear. Therefore, impacts from Project- generated traffic will be less than significant and no mitigation is required. However, implementation of build-out traffic noise levels will be between 65 and 70 dBA CNEL at proposed residential lots adjacent to Goetz Road and Valley Boulevard, and between 60 and 65 dBA CNEL at proposed residential lots adjacent to McLaughlin Road. As such, mitigation in the form of an 8-foot barrier (above the building pad) along Goetz Road and Valley Boulevard and a 6-foot barrier (above the building pad) along McLaughlin Road is necessary. Therefore, as applicable the Project would incorporate noise barriers pursuant to FEIR MM FEIR Noise 7.

As concluded in the FEIR, the barriers required in FEIR MM Noise 7 would not reduce noise levels at the second story of the proposed single-family detached residential dwelling units, and it is not feasible, nor aesthetically desirable, to construct a barrier high enough to do so. Therefore, enhanced building construction methods and materials must be utilized to achieve acceptable interior noise levels (45 dBA CNEL) for any single-family detached residential dwelling units adjacent to Goetz Road and Valley Boulevard with two stories. These methods include, but are not limited to, providing mechanical ventilation, using double paned glass, baffling exterior vents, and utilizing construction materials with a Sound Transmission Class (STC) of 25 for single-family detached residential dwelling units adjacent to Valley Boulevard and STC value of 30 for single-family detached residential dwelling units along Goetz Road. These methods of noise attenuation will be incorporated by the Project as required by FEIR MM Noise 8. Further, considering that typical modern construction achieves an exterior to interior noise reduction of 20 dBA, providing air conditioning/ventilation units (to allow a closed window condition) at all proposed residential dwelling units will suffice to meet the interior noise standard. The Project will also incorporate this feature as required by FEIR MM Noise 9.

Mitigation Program
Mitigation Measures from the FEIR
MM Noise 1
MM Noise 2
Onsite and Offsite Project construction activities, including deliveries, shall be limited to the hours of 6:00 a.m. to 6:00 p.m. during the months of June through September and between the hours of 7:00 a.m. and 6:00 p.m. during the months of October through May.

During all excavation and grading both on-site and offsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest any project related activities.

February 2024 4-54 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 103

Menifee Mayor and City Council
March 20, 2024
Page
632 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee MM Noise 3 The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest any Project related activities during all Project construction.

MM Noise 4
MM Noise 5
During construction of both onsite and offsite activities, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of five (5) minutes.

For the duration of construction activities both onsite and offsite activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the Project site with the contact phone number.

MM Noise 6 To reduce impacts from construction noise to off-site sensitive receptors, prior to construction within 400-feet of a sensitive receptor, a temporary 12-foot-high noise barrier with a STC Rating of 15 dBA or greater shall be in place during construction. Plans showing the location of and STC Rating of the temporary noise barrier shall be submitted to the City Planning Director Community Development Director for review prior to the commencement of any Project-related construction within 400-feet of a sensitive receptor. The Planning Director Community Development Director shall review the location and STC rating of the noise barriers to confirm that the barriers will attenuate construction-related noise to the levels to 65 dBA or less. As an alternative to the herein described temporary noise barrier, the Project applicant may prepare and submit to the City Planning Director Community Development Director a Construction Noise Reduction Plan with supporting analysis that identifies alternative construction noise reduction strategies that achieve 65 dBA at the nearest sensitive receptor. If after review of the Noise Reduction Plan, the City Planning Director Community Development Director determines that the alternative noise reduction strategies proposed by said plan achieve the desired noise reduction, such strategies may be used in place of the temporary barrier described above.

MM Noise 7 The Project proponent shall construct barriers 8-feet in height above the residential pads located adjacent to Goetz Road and Valley Boulevard, and barriers of 6-feet in height above the residential pads located along McLaughlin Road. These barriers may be constructed of any material weighing at least 4 pounds per square foot. They must also descend all the way to the ground and contain no holes or openings. Barriers shall wrap around to protect the side yards of lots adjacent to intersections.

MM Noise 8 Enhanced building construction methods and materials shall be employed to achieve interior noise levels of 45 dBA CNEL or less at single-family detached residential dwelling units adjacent to Goetz Road and Valley Boulevard. Building materials shall achieve a composite Sound Transmission Class value of 25 for single-family detached residential dwelling units adjacent to Valley Boulevard and a Sound Transmission Class value of 30 for single-family detached residential dwelling units along Goetz Road.

MM Noise 9 All proposed single-family detached residential dwelling units shall be provided with air conditioning/air ventilation units to allow for a closed window condition.

February 2024 4-55 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 104

Menifee Mayor and City Council
March 20, 2024
Page
633 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
The Project would result in no new or more severe impact related to excessive noise. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (b) Generate excessive groundborne vibration or groundborne noise levels? No New or More Significant Impacts. Per the FEIR, the Project does not propose any uses that would generate substantial sustained vibration; thus, the Project-related vibration is expected only during construction. The most vibration-causing piece of equipment that will likely be used during Project construction is a vibratory roller. While this machine can cause vibration strong enough to annoy people over 100 feet away, persons or noise-sensitive receptors within 25 feet of the equipment would experience of a significant impact. Due to the proximity of adjacent single-family detached residential dwelling units, Project construction activities may result in ground-borne vibration that is annoying but would only occur during site grading and preparation activities. Construction vibration would not result in any structural damage.

Based on the Caltrans data provided in the FEIR, haul trucks that may be associated with a project’s construction, would not be anticipated to exceed 0.10 PPV at 10 feet. Predicted vibration levels at the nearest off-site structures, which are located in excess of 25 feet from the traveled roadway segments, are not anticipated to exceed the threshold of 0.2 inch/second PPV for non-engineered timber and masonry buildings. There are no buildings extremely susceptible to vibration damage within 25 feet of the Project site or traveled roadway segments There are no existing residential dwelling units located within 25 feet of the haul route, and while the nearest off-site noise-sensitive receptor is within proximity to “feel” vibrations, which may cause some degree of annoyance, the distance is too great for the vibratory impacts to be substantial or significant. Therefore, ground-borne vibratory impacts will be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
No new or more severe impact pertaining to the generation of excessive groundborne vibration or groundborne noise levels would occur. Impacts would be less than significant and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, expose people residing or working in the project area to excessive noise levels?
February 2024 4-56 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 105

Menifee Mayor and City Council
March 20, 2024
Page
634 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee No New or More Significant Impacts. The Project site is located within the Perris Valley Airport Influence Area, a privately owned airport that is open to public use. However, as shown on Map PV-3 of the Perris Valley Airport Compatibility Plan Policy Document, the Project site is not located within a noise contour that could subject residents or people working in the project area to excessive noise levels. Therefore, no impacts are anticipated.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to the exposure of people to excessive airport noise. Additionally, no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Noise Impacts Conclusion
The Project would result in no new or more severe impact due to noise. Therefore, no new and/or refined mitigation measures are required for issues related to noise. With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from previously identified impacts, with respect to noise. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR analysis is not warranted.

February 2024 4-57 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 106

Menifee Mayor and City Council
March 20, 2024
Page
635 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.13 POPULATION AND HOUSING
Summary of Previous Environmental Analysis
According to the FEIR, buildout of the Specific Plan would result in no impacts, and less than significant impacts to on-site residential uses. The FEIR projected to construct a total of 756 dwelling units, open space conservation, and recreation uses on a heavily disturbed and vacant site. Thus, the FEIR would not result in the displacement of residential uses. Furthermore, the FEIR’s estimated residential uses were determined to be planned growth for the City, and impacts would be less than significant.

Analysis of Proposed Project
Threshold (a) Induce substantial unplanned population growth in an area, either directly or indirectly; and
No New or More Severe Impact: As reported by the California Department of Finance (DOF), the City’s 2023 population and housing is 110,034 and 39,966, respectively. 14 As shown in the Table 1, 81 dwelling units are proposed for PA-4 and 151 dwelling units are proposed in PA-5, for a total of 232 dwelling units or 650 persons.15 The Project would construct the same 232 dwelling units as projected for PA-4 and PA-5 in the FEIR. The projected 650 persons would constitute approximately 0.4 percent of the total population growth projected under the Menifee GP buildout of 158,942 persons. Since the Project’s population growth was accounted for in the FEIR, and within the Menifee GP buildout growth for the City, the Project’s direct growth would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
There are no new or more severe potentially significant impacts regarding the induce of substantial unplanned population growth in the area. No Project-specific mitigation is required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
No New or More Severe Impact: The Project would enable the future development of PA-4 and PA-5 of the Specific Plan. These planning areas are currently vacant and undeveloped. No housing currently exists on the Project site, and the Project proposes no removal or development of existing housing in other areas. Allowed housing densities would be consistent with the development analyzed in the FEIR and 14 California Department of Finance. (2023). E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2023. Available at:
https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housing-estimates-for-cities-counties-and-the-state-2020-2023/ (accessed September 2023).
15 Calculation based upon City of Menifee Draft Environmental Impact Report, Section 5.13 Population and Housing, Table 5.13-9 Future Buildout Projections: Residential Land Uses, to determine Project's population as follows: (232 dwelling units) x (2.8 persons per dwelling unit) = 650 persons generated.

February 2024 4-58 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 107

Menifee Mayor and City Council
March 20, 2024
Page
636 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee would not exceed growth previously anticipated. Therefore, implementation of the Project would not necessitate the development or replacement of housing elsewhere. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to the development of additional housing units. No Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Population and Housing Impacts Conclusion
The Project would result in no new or more severe impact to population or housing resources. Therefore, no new and/or refined mitigation measures are required for issues related to population and housing.

With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from previously identified impacts, with respect to population and housing. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR analysis is not warranted.

February 2024 4-59 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 108

Menifee Mayor and City Council
March 20, 2024
Page
637 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.14 PUBLIC SERVICES
Summary of Previous Environmental Analysis
Public services impacts were determined to be less than significant in the FEIR. Population changes associated with Project implementation was found to be within the capacity of existing and planned facilities within the City and the County.

Analysis of Proposed Project
Threshold (a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for:

Fire protection, Police protection, Schools, Parks, and other Public Facilities? No New or More Severe Impact. The Project does not include or require construction of any new or physically altered fire protection, police protection, school, park, or other public facilities. Prior to commencement of future construction activities, the Project plans would be reviewed by applicable local agencies to ensure compliance with the Menifee Municipal Code Menifee MC Code) and City Development Code, as well as all applicable regulations to ensure adequate site signage, lighting, and other crime safety preventative measures. This includes fair use fees which are sourced from developers that are distributed to City and County services such as County Fire Protection (County Fire) and Menifee Police Department facilities (City Police). The nearest County Fire stations are Riverside County Fire Station 7 (located at 28349 Bradley Road, Sun City, CA 92586), located approximately 2.2 miles southeast of the Project site and Riverside County Fire Station 5 (located at 28971 Goetz Road, Menifee, CA 92587) located

1.9 miles southwest from the Project site. The nearest City Police Department is approximately 1.7 miles southeast of the Project site.

Construction of the Project would not result in adverse physical impacts associated with the provision of or need for new or physically altered public facilities, and would not adversely affect service ratios, response times, or other performance objectives. Compliance with applicable local regulations would ensure that Project construction would result in a less than significant impact to public services. Since the Project site is already served by the existing fire and police station, and the Project would be constructed pursuant to existing California Fire Code regulations, the Project would not result in the need for new or physically altered police and/or fire department facilities that could cause significant environmental impacts.

The Project would be developed within the Menifee Union School District and Romoland School District for elementary and middle school ages, and the Perris Unified School District (PUSD) for high school ages.

Each district was determined to have existing capacity to accommodate population growth associated with Specific Plan implementation. The Project would be implemented at a similar density as analyzed in the FEIR and would therefore be within its estimates. Additional, payment of impact fees in compliance with Senate Bill (SB) 50 would further reduce impacts. The Riverside County Library System (RCLS) provides library services to the City via the Sun City branch library located in the northwest corner of the February 2024 4-60 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 109

Menifee Mayor and City Council
March 20, 2024
Page
638 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Cherry Hills Boulevard and Bradley Road intersection. A new RCLS library was constructed for the City at 28798 La Piedra Rd.16 This is the City’s second branch library.

The Project would result in an increase in demand for library services in the City based on an increase in population. Future projects would be reviewed by the City on an individual basis and would be required to comply with requirements in effect at the time building permits are issued (i.e., payment of development impact fees).

The Project would allow the development of 232 residential units. Due to the Project’s consistency with assumed development of the Specific Plan, growth and service demands associated with development of the Project area would be consistent with what was analyzed in the FEIR. Therefore, impacts to fire protection, police protection, schools, parks, and other public facilities would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
The Project would result in no new or more severe impact related to public services and no Project-specific mitigation measures are required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Public Services Impacts Conclusion
The Project would result in no new or more severe impact to public services resources. Therefore, no new and/or refined mitigation measures are required for issues related to public services. With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts or circumstances from previously identified impacts, with respect to public services. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR analysis is not warranted. 16 City of Menifee. (2019). News Release: New Library Coming to Menifee Through the Riverside County Library System. Retrieved from:
https://www.cityofmenifee.us/ArchiveCenter/ViewFile/Item/2684 (accessed May 3, 2021).

February 2024 4-61 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 110

Menifee Mayor and City Council
March 20, 2024
Page
639 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.15 RECREATION
Summary of Previous Environmental Analysis
The FEIR concluded that buildout of the Specific Plan area would increase the use of existing neighborhood and regional parks. While it is anticipated that an increase in the use of existing neighborhood and regional parks and trail facilities may occur, the new parks and their amenities that are provided as a part of the Project will lessen any substantial physical deterioration to existing recreation facilities in the area.

Furthermore, the FEIR concluded that the Project’s recreational facilities physical effect on the environment would be less than significant.

Analysis of Proposed Project
Threshold (a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
No New or More Severe Impact: The Project would construct a total of 232 medium density residential dwelling units or 650 people and thus, increase the use of existing neighborhood and regional parks.

However, the Project also proposes approximately 13.6 acres of open space for recreational purposes.

Consistent with the FEIR, the proposed park amenities would be considered neighborhood servicing, and thus, it is anticipated that residents of the Project would utilize the on-site recreational amenities to meet some of the demand for parks. While it is anticipated that an increase in the use of existing neighborhood and regional parks and trail facilities may occur, the new parks and their amenities that are provided as a part of the Project would lessen any substantial physical deterioration to existing recreation facilities in the area. Furthermore, Ordinance 460 (ORD 460) sets forth requirements for the dedication of land and/or payment of fees for park and recreational facilities as a condition of approval of a tentative tract or parcel map. Dedication and/or payment of fees devoted to neighborhood and community park and recreational facilities is required at a minimum ratio of five acres of land per 1,000 persons. At a rate of 5:1,000, the Project would be required to contribute 3.2 acres of parkland. Since the Project would build approximately

13.6 acres of open space for recreational uses, the Project would exceed the parkland requirement.

Therefore, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
As concluded above, the Project’s proposed neighborhood parks would exceed the parkland requirement required by the Menifee GP. Therefore, impacts would be less than significant, and no Project-specific mitigation is required. Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Threshold (b) Include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? February 2024 4-62 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 111

Menifee Mayor and City Council
March 20, 2024
Page
640 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee No New or More Severe Impact: The Project’s proposed recreational facilities are analyzed in each individual environmental resource issue of this Addendum EIR. Refer to Sections 4.1 through 4.20 of this Addendum EIR for more information. Consistent with the FEIR determination, impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
There are no new or more severe potentially significant impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Additionally, no new information of substantial importance that was not known and could not have been known at the time the FEIR was certified.

Overall Recreation Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts from the previously identified impacts, with respect to recreation. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-63 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 112

Menifee Mayor and City Council
March 20, 2024
Page
641 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.16 TRANSPORTATION
Summary of Previous Environmental Analysis
The FEIR included a Traffic Impact Analysis (TIA) as well as an addendum focused on freeway analysis.

Roadway impacts as a result of Specific Plan implementation would result in potentially significant impacts due to Level of Service (LOS) for associated intersections and roadways (2014 TIA). However, the implementation of MM Trans 1 through Trans 30 were found to reduce all impacts to less than significant levels.

A Traffic Consistency Memorandum (Traffic Memo) was prepared by Kimley-Horn and Associates (Appendix E) to evaluate the consistency of the Project with the original Specific Plan in the City of Menifee.

Analysis of Proposed Project
Threshold (a) Conflict with program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No New or More severe Impacts.

The Project may have the potential to result in construction traffic related impacts due to on-site improvements. However, grading activities would not require the import or export of soil to or from the Project site. As a result, no grading-related haul trips would occur during construction. Other aspects of Project construction will generate worker-related vehicle trips to and from the Project site, and heavy- truck trips from the delivery of construction materials. Worker related trips will be temporary in nature and would consistent of the same 1,232 total trips anticipated in the FEIR over the duration of construction, and thus is less than significant. Additionally, the Specific Plan buildout would be constructed in phases. As such, construction phasing will allow for the staggered delivery of construction materials throughout Project construction, thereby reducing the number of heavy-truck trips occurring on local roadways at any one period of time. FEIR MMs Trans 1 through MM Trans 3 would ensure potential impacts related to circulation during the Project’s construction are less than significant.

Additionally, pursuant to the City Public Works Department’s “Improvement Plan Check Policies and Guidelines,” as amended by “II. Improvement Plan Standard Notes, Section I-Traffic Control Notes,” adopted May 14, 2014, a construction traffic control plan would be required for street improvements and Project related construction, further reducing temporary traffic impacts resulting from construction. The control plans are specifically designed to address Project-specific traffic impacts and motorist delays during construction through the effective real-time application of measures and strategies including motorist information, traffic demand and incident management, and planned alternative routes (if necessary). In addition, implementation of FEIR MM Trans 3A requires a Construction Traffic Control Plan to identify and include measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to ensure traffic impacts from construction remain less than significant. The purpose of the measures shall be to safely guide motorists, cyclists, and pedestrians, minimize traffic impacts and ensure the safe and even flow of traffic consistent with City standards and requirements, in the event that Project construction requires any lane closures on the aforementioned February 2024 4-64 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 113

Menifee Mayor and City Council
March 20, 2024
Page
642 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee roadways. Implementation of a Construction Traffic Control Plan and FEIR MM Trans 3A, when combined with the Project’s phased construction would ensure the proposed Project’s impacts upon circulation during construction are reduced to less than significant levels. Furthermore, the Project applicant would coordinate with SCE to avoid encroaching upon any SCE facilities. Implementation of MM Trans 3B would further ensure coordination with SCE occurs to reduce any potential impacts to less than significant.

Consistency Analysis
The FEIR determined that the Specific Plan exceeds the City’s proposed bikeway network by providing a Class II bike lane, in place of a Class III bike lane along Byers Road, and providing a Class II bike lane along U Street and Thornton Avenue, neither of which are classified in Exhibit C-4 of the Menifee GP. Along Valley Boulevard, Goetz Road, McLaughlin Road, U Street and Thornton Avenue, the Class II bike lanes are proposed as a 6-foot-wide striped lane for one way bike travel. The Class II bike lanes are designed for bike use only and would prohibit parking along the street. Along Byers Road the Class II bike lane is 5 feet wide and would accommodate parallel parking along the shoulder. Therefore, the proposed Class II bike lanes are consistent with the General Plan design criteria for Class II bike lanes described above. As SCE does identify McLaughlin Road as being located within a utility corridor with the potential for transmission lines adjacent to the bike lane, implementation of FEIR MM Trans 5A, requiring the installation of anti- climbing devices if deemed necessary by SCE, would ensure impacts to utility services remain less than significant.

LOS Discussion
The 2014 TIA estimated a trip generation of 7,491 average daily trips. An updated TIA was prepared in 2023 by Kimley-Horn and Associates. This updated TIA estimated that, due to Project changes, the Project would lead to a generation of 7,197 daily trips; a reduction of 294 daily trips. This would be within the conditions accounted or in the FEIR.

The Project is located on vacant land within an urbanized area. Implementation of the Project would increase the intensity of the existing land use and would draw more visitors to the area, potentially creating more localized traffic. As such, the Project’s impacts on the circulation system have been analyzed. An impact is considered significant for intersections when the Project causes the facility to change from an acceptable LOS to an unacceptable LOS. LOS analyses are no longer a requirement of CEQA as of 2019; however, in order to maintain consistency with the FEIR, this Addendum will include a discussion of Project LOS impacts.

The Project conducted a focused intersection LOS analysis during the morning and evening peak hours under Existing Plus Ambient Growth Plus Cumulative Plus Project. The Specific Plan bisects Valley Boulevard. The proposed Project modifications to the Specific Plan would relocate 49 single-family dwelling units originally located on the west side of Valley Boulevard to the eastside of Valley Boulevard.

As such, a focused traffic analysis was conducted for the Valley Boulevard and Goetz Road intersection.

The focused LOS analysis accounted for the morning and evening peak hours The results are shown on Table 2 Summary of Intersection Operations Existing Plus Project.

February 2024 4-65 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 114

Menifee Mayor and City Council
March 20, 2024
Page
643 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Table 2: Summary of Intersection Operations Existing Plus Project Intersection Traffic Control AM Peak Hour
Delay LOS

12.9 PM Peak Hour
Delay LOS

14.8Goetz Road at Valley Boulevard U B B
Notes: Delay values for unsignalized intersections represent the average vehicle delay on the worst (highest delay) intersection approach.

Source: Kimley-Horn and Associates. 2023.Technical memorandum for the Modified Cimarron Ridge Specific Plan in the City of Menifee.

Based on review of Table 2 and consistent with the LOS results for the intersection of Goetz Road and Valley Boulevard in the 2014 TIA, the intersection would continue to operate at an acceptable LOS.

Therefore, the proposed lane configurations for the intersection of Goetz Road and Valley Boulevard can adequately accommodate the traffic generated by the proposed modifications. The FEIR identified the intersection of Goetz Road at Valley Boulevard as an intersection that met LOS standards and as such did not require mitigation. The FEIR included FEIR MMs Trans 6 through 30 to reduce LOS at other intersections analyzed in the 2014 TIA. However, as stated above LOS is not significant under CEQA and therefore do not apply.

Mitigation Program
The FEIR included FEIR MMs Trans 1 through Trans 30 to reduce impacts to less than significant levels.

However, FEIR MMs Trans 6 through Trans 30 are related to LOS, which is no longer significant under CEQA and therefore, do not apply. FEIR MMs Trans 4 or 5 do not apply because the Project does not include PA 1 or 3.

Mitigation Measures from the FEIR
MM Trans 1 Prior to construction, sight distance at the project entrance roadway shall be reviewed with respect to standard City of Menifee sight distance standards at the time of entitlement and confirmed during the preparation of final grading, landscape and street improvement plans.

MM Trans 2 Participate in the phased construction of off-site traffic signals through payment of Project’s fair share of traffic signal mitigation fees as shown in Table 5.7-P and 5.7-Q.

MM Trans 3A A Construction Traffic Control Plan shall be prepared by the implementing developer and submitted to the City of Menifee Public Works Department for approval prior to the issuance of building permits for the Project. The Construction Traffic Control Plan shall include the estimated day(s), time(s) and duration of any lane closures that are anticipated to be required by Project construction.

The Construction Traffic Control Plan shall include measures such as, but not limited to, signage, flagmen, cones, advance community notice, or other acceptable measures to the satisfaction of the City of Menifee Public Works Department to minimize traffic impacts from construction. The purpose of the measures shall be to safely guide motorists, cyclists, and pedestrians, minimize traffic impacts and ensure the safe and even flow of traffic consistent with City level of service standards and safety requirements.

The implementing developer or its general contractor shall be required to notify the City of Menifee Public Works Department at least five (5) business days in advance of any planned lane closure that will be caused by Project construction. The City shall evaluate February 2024 4-66 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 115

Menifee Mayor and City Council
March 20, 2024
Page
644 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee any other known lane closures, construction activities or special events which may conflict with the Project’s scheduled lane closure or create additional impacts to traffic flow; and, if deemed necessary by the City of Menifee Public Works Department, the Project’s lane closure may be postponed or rescheduled.

MM Trans 3B Prior to grading, the implementing developer shall coordinate with Southern California Edison (SCE) to identify and obtain necessary encroachment permits as approved and deemed necessary by SCE.

MM Trans 4 Prior to issuance of first occupancy permit for Planning Area 1 construct full width improvements on Thornton Avenue, and prior to issuance of the first occupancy permit for Planning Area 3 construct full width improvements on “U” Street between Goetz Road and Thornton Avenue within the Project boundary. NOTE: MM Trans 4 does not apply because the Project does not include PAs 1 or 3
MM Trans 5 Construct full width improvements on all other internal roadways within Phase I boundaries, prior to first occupancy permit for Planning Area 3. NOTE: FEIR MM Trans 5 does not apply because the Project does not include PA 3 MM Trans 5A Prior to construction, the implementing developer shall coordinate with Southern California Edison (SCE) for identification and installation of Anti-Climbing devices on transmission lines adjacent to project bike paths as approved and deemed necessary by SCE.

MM Trans 6 Prior to the issuance of the first occupancy permit for Planning Area 3 construct a temporary intersection of Goetz Road (NS) and U Street (South Goetz Project Driveway)(EW) with the following geometrics:

Northbound: One shared through and right turn lane.

Southbound: One shared left turn, and through and right turn lane.

Eastbound: N/A.

Westbound: One shared left turn,and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 6 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 7A Prior to the issuance of the first occupancy permit for Planning Area 1 construct the intersection of Goetz Road (NS) and Sotelo Road-Thornton Avenue (EW) with the following geometrics:

Northbound: One shared left turn, through and right turn lane.

Southbound: One shared left turn, through and right turn lane.

Eastbound: One shared left turn, through and right turn lane. Stop controlled.

February 2024 4-67 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 116

Menifee Mayor and City Council
March 20, 2024
Page
645 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Westbound: One shared left turn, through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 7A does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 7B Prior to the issuance of the 61st occupancy permit for Planning Area 2 construct the intersection of Goetz Road (NS) and Sotelo Road-Thornton Avenue (EW) with the following geometrics:

Northbound: One left turn lane. One shared through and right turn lane.

Southbound: One left turn lane. One shared through and right turn lane.

Eastbound: One shared left turn, through and right turn lane. Stop controlled.

Westbound: One shared left turn, through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 7B does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 8 Prior to issuance of 61st occupancy permit for Planning Area 2 construct the intersection of Valley Boulevard (NS) and Thornton Avenue (EW) with the following geometrics:

Northbound: One left turn lane. One shared through and right turn lane.

Southbound: One left turn lane. One shared through and right turn lane.

Eastbound: One shared left turn, through and right turn lane. Stop controlled.

Westbound: One shared left turn, through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 8 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 9 Prior to issuance of 61st occupancy permit for Planning Area 2 construct full width improvements on Goldenrod Avenue, Valley Boulevard and Goetz Road within the Project boundary.

NOTE: FEIR MM Trans 9 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable roadways would be improved with Project implementation when compared to the Approved Project.

February 2024 4-68 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 117

Menifee Mayor and City Council
March 20, 2024
Page
646 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee MM Trans 10 Prior to issuance of the first occupancy permit for Planning Area 5 construct partial width improvements on the southerly side of McLaughlin Road at its ultimate cross-section as a collector roadway adjacent to Project boundary line.

NOTE: FEIR MM Trans 10 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable roadways would be improved with Project implementation when compared to the Approved Project.

MM Trans 11 Prior to issuance of the first occupancy permit for Planning Area 5 construct partial width improvements on the westerly side of Byers Road at its ultimate cross-section as a collector roadway adjacent to Project boundary line.

NOTE: FEIR MM Trans 11 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 12 Construct full width improvements on all other internal roadways within each Planning Area as it is constructed (5, 6, or 7).

NOTE: FEIR MM Trans 12 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable roadways would be improved with Project implementation when compared to the Approved Project.

MM Trans 13 Concurrent with the implementation of MM Trans 9 construct the intersection of Goetz Road (NS) and Goldenrod Avenue-McLaughlin Road (EW) with the following geometrics:

Northbound: One left turn lane. One shared through and right turn lane.

Southbound: One left turn lane. One through lane. One right turn lane.

Eastbound: One shared left turn, through and right turn lane. Stop controlled.

Westbound: One shared left turn, through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 13 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 14 Concurrent with implementation of MM Trans 10 construct the intersection of Project Driveway (McLaughlin) (NS) and McLaughlin Road (EW) with the following geometrics:

Northbound: One shared left and right turn lane. Stop controlled.

Southbound: Not Applicable.

February 2024 4-69 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 118

Menifee Mayor and City Council
March 20, 2024
Page
647 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Eastbound: One shared through and right turn lane.

Westbound: One shared left turn and through lane.

NOTE: FEIR MM Trans 14 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 15 Concurrent with implementation of MM Trans 11 construct the intersection of Byers Road (NS) and McLaughlin Road (EW) with the following geometrics:

Northbound: One shared left and right turn lane. Stop controlled.

Southbound: Not Applicable
Eastbound: One shared through and right turn lane.

Westbound: One shared left turn and through lane.

NOTE: FEIR MM Trans 15 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 16 Prior to issuance of the first occupancy permit for Planning Area 5 construct the intersection of Goetz Road (NS) and Project Driveway (North Goetz) (EW) with the following geometrics:

Northbound: One left turn lane. Two through lanes.

Southbound: One through lane. One shared through and right turn lane.

Eastbound: One shared left turn and right turn lane. Stop controlled.

Westbound: Not Applicable.

NOTE: FEIR MM Trans 16 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 17 Concurrent with implementation of MM Trans 9 construct the intersection of Goetz Road- Valley Boulevard (NS) and Goetz Road (EW) with the following geometrics:

Northbound: One left turn lane. One through lane. One shared through and right turn lane.

Southbound: One left turn lane. One through lane. One shared through and right turn lane.

February 2024 4-70 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 119

Menifee Mayor and City Council
March 20, 2024
Page
648 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Eastbound: One left turn lane. One shared through and right turn lane. Stop controlled.

Westbound: One left turn lane. One shared through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 17 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 18 Prior to issuance of the first occupancy permit for Planning Area 5 construct the intersection of Goetz Road (NS) and Project Driveway (South Goetz) (EW) with the following geometrics:

Northbound: One left turn, through and shared right turn lane.

Southbound: One left turn, through and shared right turn lane.

Eastbound: One shared left turn, through and right turn lane. Stop controlled.

Westbound: One shared left turn, through and right turn lane. Stop controlled.

NOTE: FEIR MM Trans 18 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 19 Prior to issuance of 61st occupancy permit for Planning Area 2 construct Goetz Road as a major roadway from westerly project boundary (475 feet south of Goetz Road and Valley) to Thornton Avenue with 64 feet of pavement/median within 110 feet of right-of-way, with 14’ outside lanes, 12’ inside lanes and a 12’ center two-way left-turn lane.

NOTE: FEIR MM Trans 19 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 20 Prior to the issuance of the first occupancy permit for Planning Area 1 the Project applicant shall install a traffic signal at the intersection of Murrieta Road (NS) and Ethanac Road (EW) to include the following geometrics:

Northbound: One shared left turn, through and right turn lane.

Southbound: One shared left turn and through lane. One right turn lane.

Eastbound: One left turn lane. One shared through and right turn lane.

Westbound: One left turn lane. One shared through and right turn lane.

NOTE: FEIR MM Trans 20 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the February 2024 4-71 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 120

Menifee Mayor and City Council
March 20, 2024
Page
649 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 21 Prior to the issuance of the first occupancy permit for Planning Area 1 the Project applicant shall pay fair share fees towards the installation of a westbound overlapping right turn traffic signal at the intersection of Goetz Road (NS) and Ethanac Road (EW) to include the following geometrics:

Northbound: One left turn lane. One through lane. One right turn lane.

Southbound: One left turn lane. Two through lanes. One right turn lane.

Eastbound: One left turn lane. One through lane. One right turn lane.

Westbound: Two left turn lanes. One through lane. One right turn lane.

NOTE: FEIR MM Trans 21 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 22 Prior to issuance of 1st occupancy permit for Planning Area 5 construct 32’ of pavement (one lane in each direction) of McLaughlin Road from easterly project boundary to Calle Emiliano with a 6’ pedestrian walkway on one side.

NOTE: FEIR MM Trans 22 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable roadway would be improved with Project implementation when compared to the Approved Project.

MM Trans 23 Prior to issuance of 61st occupancy permit for Planning Area 2construct 32’ of pavement (one lane in each direction) of Valley Boulevard from 475’ south of Goetz Road to Thornton Avenue. Construct a trail within the existing 110’ section to provide connectivity to the proposed Project trail.

NOTE: FEIR MM Trans 23 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable roadway would be improved with Project implementation when compared to the Approved Project.

MM Trans 24 Prior to issuance of 61st occupancy permit for Planning Area 2 construct full width improvements of Goetz Road at its ultimate cross-section as a major roadway from McLaughlin Road north 784’ to existing Goetz Road.

NOTE: FEIR MM Trans 24 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at February 2024 4-72 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 121

Menifee Mayor and City Council
March 20, 2024
Page
650 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee applicable roadways would be improved with Project implementation when compared to the Approved Project.

MM Trans 25 Prior to the issuance of the first occupancy permit for Planning Area 35 the Project applicant shall install a traffic signal at the intersection of Murrieta Road (NS) and Thornton Avenue-Sun Meadows Drive (EW) to include the following geometrics:

Northbound: One left turn lane. One through lane. One shared through and right turn lane.

Southbound: One left turn lane. One shared through and right turn lane.

Eastbound: One shared left turn, through and right turn lane.

Westbound: One shared left turn, through and right turn lane.

MM Trans 26 In addition to the requirements of mitigation measures MM Trans 1 through MM Trans 25, the Project will participate in the cost of off-site improvements through payment of the Transportation Uniform Mitigation Fee (TUMF) and City of Menifee Development Impact Fees (DIF) at the time of construction as shown in Table 5.7-N and 5.7-O.

NOTE: FEIR MM Trans 26 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 27 In addition to the requirements of mitigation measures MM Trans 1 through MM Trans 26, the Project will participate in the cost of off-site improvements through the payment of fair share fee’s at the time of construction as shown on Table 5.7 P and 5.7 Q.

NOTE: FEIR MM Trans 27 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 28 Prior to the issuance of the first occupancy permit for the Project, the Central I-215 improvements to add one southbound and one northbound lane to the I-215 freeway segments between State Route 60 and Murrieta Hot Springs Road shall be constructed and operational.

NOTE: FEIR MM Trans 28 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS February 2024 4-73 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 122

Menifee Mayor and City Council
March 20, 2024
Page
651 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee would be improved with Project implementation when compared to the Approved Project.

MM Trans 29 All new on-site and/or off-site traffic signals and traffic signal modifications that are required to be installed by the Project shall include traffic signal communication infrastructure, network equipment, and/or Advanced Traffic Management System (ATMS) license software. Said traffic signal control devices shall be submitted with the traffic signal design plans and shall be approved by the City Traffic Engineer prior to testing of new signal.

NOTE: FEIR MM Trans 29 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

MM Trans 30 Traffic signal timing plans for new signalized intersections shall be submitted with the traffic signal design plans and shall be approved by the City Traffic Engineer prior to installation and testing of new signal.

NOTE: FEIR MM Trans 30 does not apply because the Project’s Traffic Memo determined that the Project would generate fewer trips in both AM and PM Peak hours than what the Approved Project previously estimated for the Project site. This indicates that the LOS at applicable intersections would be improved with Project implementation when compared to the Approved Project.

Conclusion
There are no new or more severe potentially significant traffic impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (b) Would the project conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)?
No New or More Severe Impacts. Impacts concerning VMT were not analyzed as part of the FEIR. Based on the focused LOS analysis, the proposed lane configurations for the intersection of Goetz Road and Valley Boulevard can adequately accommodate the traffic generated by the Project. In addition, since the Project would generate less trips than what was previously analyzed, the Project would create a less-than- significant VMT impact, and no further VMT analysis is required for the modified CRSP.

Mitigation Program
Mitigation Measures from the FEIR
None required.

February 2024 4-74 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 123

Menifee Mayor and City Council
March 20, 2024
Page
652 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
There are no new or more severe potentially significant VMT impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No New or More Severe Impacts. The Project would enable the development of a portion of the City which is currently vacant and undeveloped. Construction within the Project’s associated planning areas would require the development of additional roadways. However, dirt paths, unpaved, are currently available and provide access throughout the Project site. Consistent with the FEIR, no sharp curves or other hazardous traffic conditions currently exist within the Project vicinity. Surrounding uses are compatible with the proposed Project in terms of circulation and traffic patterns. In addition, the Project would be developed consistently with the Specific Plan’s design features and design guidelines that include policies for providing pedestrian walkways, lighting, and bike lanes so as not to conflict with vehicular circulation. Therefore, no impacts are anticipated to occur.

Mitigation Program
Mitigation Measures from the FEIR
None required.

Conclusion
There are no new or more severe potentially significant hazards due a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses associated with the Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (d) Result in inadequate emergency access?
No New or More Severe Impacts. The Project would enable the development of a portion of the City which is currently vacant and undeveloped. Construction within the Project’s associated planning areas would require the development of additional roadways. However, dirt paths, unpaved, are currently available and provide access throughout the Project site. Temporary construction routes would also be developed for construction phase activities onsite.

A review of emergency access is included as part of the City’s Design Review process. County Fire would also review development applications to ensure that adequate emergency accessibility is provided based on local and state guidance. Therefore, emergency access would be maintained to the Project. Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None required.

February 2024 4-75 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 124

Menifee Mayor and City Council
March 20, 2024
Page
653 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
There are no new or more severe potentially significant emergency access impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Overall Transportation/Traffic Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe transportation impacts from the previously identified impacts. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified.

Therefore, preparation of an SEIR is not warranted.

February 2024 4-76 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 125

Menifee Mayor and City Council
March 20, 2024
Page
654 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.17 UTILITIES AND SERVICE SYSTEMS
Summary of Previous Environmental Analysis
Utility impacts associated with implementation of the Specific Plan were determined to be less than significant. Specifically, water and wastewater infrastructure were found to be suitable to accommodate the overall Specific Plan. Similarly, waste collection and storage facilities were found to be able to accommodate waste generated by the Specific Plan during development and operations.

Analysis of Proposed Project
Threshold (a) Require or result in the construction of new water, wastewater treatment facilities, the construction of which could cause significant environmental effects? No New or More Severe Impacts. The Project would include the placement of new water, wastewater, stormwater, energy, and telecommunications facilities within the Project site and form connections to existing facilities within the public right-of-way (ROW). These improvements would include conveyance facilities for water, wastewater, and stormwater, as well as wiring and line connections for electricity, natural gas, and telecommunications. The majority of these improvements would occur within the Project site. ROW improvements would amount to service connections and would have minimal effect on exterior infrastructure. Effects stemming from utility improvements have been accounted for in impact discussion throughout Sections 4.1 through 4.20 of this Addendum EIR. Additionally, future developments would be required to undergo design review by the City, including utility plan review. The Project does not propose or require the expansion of utility infrastructure beyond the Project site. Therefore, no new or more severe impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
There are no new or more severe potentially significant utility infrastructure improvement impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (b) Have sufficient water supplies available to serve the project? No New or More Severe Impacts. The FEIR included the creation of a Water Supply Assessment (WSA) which concluded that EMWD would have adequate supply to accommodate the Specific Plan. This determination was made based on water supply estimates provided in EMWD’s 2010 Urban Water Management Plan (UWMP). However, multiple factors have altered water supplies since the approved 2010 UWMP. Per EMWD’s 2020 UWMP, average water use per person has dropped significantly since 2010. Additionally, MWD is shown as capable to continue meeting water demands through 2045, even during an extended drought. 17 Due to these factors, as well as the Project’s consistent scale with what 17 Eastern Municipal Water District (EMWD). 2021. 2020 Urban Water Management Plan. Page E-2. Retrieved from:
https://www.emwd.org/sites/main/files/file-attachments/urbanwatermanagementplan_0.pdf?1625160721 (accessed October 8, 2023).

February 2024 4-77 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 126

Menifee Mayor and City Council
March 20, 2024
Page
655 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee was analyzed in the FEIR, EMWD would have adequate water supplies to accommodate the Project.

Impacts would be less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
There are no new or more severe potentially significant water supply impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? No New or More Severe Impact. The FEIR concluded that the City would have sufficient wastewater treatment infrastructure and capacity with implementation of the Specific Plan. The Project would not modify wastewater infrastructure previously designed for the Specific Plan, nor would the Project introduce a substantial amount of additional uses which would affect the amount of wastewater anticipated in the FEIR. However, note that, as previously stated, average water use per person has dropped significantly since 2010. 18 This would in turn lead to a reduction of wastewater flows and generation for each person. Therefore, the Project would not generate wastewater at a rate that would exceed what was analyzed in the FEIR. Impacts would remain less than significant.

Mitigation Program
Mitigation Measures from the FEIR
None identified in the FEIR.

Conclusion
There are no new or more severe potentially significant wastewater treatment impacts associated with the proposed Project. A less than significant impact would occur, and no Project-specific mitigation measures are required.

Threshold (d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Threshold (e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
No New or More Severe Impact. The FEIR concluded that the Badlands Landfill and El Sobrante Landfill would be capable of accommodating the solid waste generated by the Project. Per the Specific Plan, All 18 Ibid.

February 2024 4-78 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 127

Menifee Mayor and City Council
March 20, 2024
Page
656 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee cut and fill will be balanced on-site and will not require import or export of materials. Approximately 999,775 cubic yards of material will be moved overall (total estimated cut and fill) to achieve the cut and fill balance. Therefore, solid waste generated by the Project would remain consistent with what was analyzed in the FEIR. Therefore, a less than significant impact would occur.

Additionally, the Project, as with all other development in the City, would be required to adhere to City ordinances with respect to waste reduction and recycling. As a result, no impacts related to State and local statutes governing solid waste are anticipated. However consistent with the FEIR, the Project would implement FEIR MMs UTIL 1 and UTIL 2 to address Riverside County Waste Management Department’s concerns raised in FEIR. FEIR MM UTIL 1 would require that a Waste Recycling Plan (WRP) be submitted to Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. FEIR MM UTIL 2 would require that the Project demonstrate compliance with the approved WRP at the time prior to issuance of occupancy permits.

Therefore, implementation of FEIR MMs UTIL 1 and UTIL 2 would ensure that impacts are less than significant.

Mitigation Program
The FEIR identified FEIR MMs UTIL 1 and UTIL 2 to reduce impacts concerning the compliance with federal, state, and local management and reduction statutes and regulations related to solid waste.

Mitigation Measures from the FEIR
MM UTIL 1 Prior to issuance of a building permit for each phase, a Waste Recycling Plan (WRP) shall be submitted to Riverside County Waste Management Department for approval. At a minimum, the WRP must identify the materials (i.e., concrete, asphalt, wood, etc.) that will be generated by construction and development, the projected amounts, the measures/methods that will be taken to recycle, reuse, and/or reduce the amount of materials, the facilities and/or haulers that will be utilized, and the targeted recycling or reduction rate. During Project construction, the Project site shall have, at a minimum, two (2) bins, one for waste disposal and the other for the recycling of Construction and Demolition (C&D) materials. Additional bins are encouraged to be used for further source separation of C&D recyclable materials. Accurate record keeping (receipts) for recycling of C&D recyclable materials and solid waste disposal must be kept. Arrangements can be made through the franchise hauler.

MM UTIL 2 Prior to issuance of occupancy permits for each phase, evidence (i.e., receipts or other type of verification) to demonstrate Project compliance with the approved WRP shall be presented by the Project proponent to the Planning Division of the Riverside County Waste Management Department.

February 2024 4-79 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 128

Menifee Mayor and City Council
March 20, 2024
Page
657 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
There are no new or more severe potentially significant solid waste impacts associated with the proposed Project with implementation of FEIR MMs UTIL 1 and UTIL 2. No Project-specific mitigation measures are required.

Overall Utilities and Service Systems Impacts Conclusion With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe utility or service system impacts from the previously identified impacts. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-80 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 129

Menifee Mayor and City Council
March 20, 2024
Page
658 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.18 WILDFIRE
Summary of Previous Environmental Analysis
Analysis of Proposed Project
The updated CEQA Guidelines included a new separate discussion for Wildfire hazards. Although not addressed as a separate threshold, Section 4.8 Hazards and Hazardous Materials discussed impacts related to wildfire and emergency response. The FEIR determined that portions of the Specific Plan area are located within an SRA in a high and a very high FHSZ. Accordingly, the County Fire Department requires that any proposed developed located within or adjacent to or identified fire hazard area must prepare and implement a comprehensive fuel modification program in accordance with the County Fire Department regulations to ensure that emergency services are adequate. The FEIR also concluded that adherence with the California Fire and Building Codes would ensure that emergency access is adequate, per County Fire Department standards.

As discussed above, because Wildfire impacts were not required to be analyzed at the time of FEIR certification, the Addendum does not need to analyze these impacts. Thus, this analysis is provided for informational purposes only.

Threshold (a) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Substantially impair an adopted emergency response plan or emergency evacuation plan?
Although the FEIR concluded that portions of the Specific Plan area is located within a SRA and in a high and very high FHSZ, review of CAL FIRE’s current Fire Hazard Severity Zones in State Responsibility Area viewer identifies the Project site as being located outside of an SRA (see Exhibit 10: Fire Hazard Severity Zone – CAL FIRE). Furthermore, while the Menifee GP Exhibit S-8, Very High Fire Hazard Severity Zones and Public Facilities (see Exhibit 9: Fire Hazard Severity Zone – General Plan) shows that a very small portion of PAs 4 through 6 are an SRA very high FHSZ, this map is dated 2021. The CAL FIRE viewer is dated 2023, more accurately representing current Project site conditions. Thus, the Project would not substantially impair an adopted emergency response plan or emergency evacuation plan due to a wildfire.

No impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
Not evaluated in the FEIR; therefore, no mitigation measures are available from the FEIR.

Conclusion
Since the Project site is not identified in an SRA or located within a very high fire hazard severity zone, the Project would not substantially impair an adopted emergency response plan or emergency evacuation plan due to a wildfire event. No impact would occur.

February 2024 4-81 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 130

Menifee Mayor and City Council
March 20, 2024
Page
659 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (b) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
As noted in Threshold 4.18(a) above, the Project site is not within an SRA or within a high or very high FHSZ. Thus, the Project’s occupants would not be exposed to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire due to slope, prevailing winds, and other factors that could exacerbate wildfire. No Impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
Not evaluated in the FEIR; therefore, no mitigation measures are available from the FEIR.

Conclusion
Since the Project site is not identified in an SRA or located within a very high FHSZ, the Project’s occupants would not be exposed to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire due to slope, prevailing winds, and other factors that could exacerbate wildfire. No impact would occur.

Threshold (c) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? As noted in Threshold 4.18(a) above, the Project site is not within an SRA or within a high or very high FHSZ. Although the Project would require the installation or maintenance of associated infrastructure, the proposed infrastructure improvements would not exacerbate wildfire or result in temporary or ongoing impacts to the environment. No impact would occur.

Mitigation Program
Mitigation Measures from the FEIR
Not evaluated in the FEIR; therefore, no mitigation measures are available from the FEIR.

Conclusion
As concluded above, the Project’s proposed infrastructure improvements would not exacerbate wildfire risk or result in temporary or ongoing impacts to the environment. Therefore, no impact would occur with implementation of the Project.

February 2024 4-82 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 131

Menifee Mayor and City Council
March 20, 2024
Page
660 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Threshold (d) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:

Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
As noted in Threshold 4.18(a) above, the Project site is not within an SRA or within a high or very high FHSZ. The Project site is highly disturbed and would be balanced after grading activity ends. Furthermore, as discussed in Threshold 4.9(d), the Project site is located in Zone X, which is defined as areas determined to be outside the 0.2 percent annual chance floodplain. Thus, no structures would be subjected to 100- year flood hazard area. Lastly, as noted in Threshold 4.6a(iv), the Project site and the immediate area are not within a zone of generalized landslide susceptibility. Thus, no impacts would occur.

Mitigation Program
Mitigation Measures from the FEIR
Not evaluated in the FEIR; therefore, no mitigation measures are available from the FEIR.

Conclusion
As concluded above, the Project site would expose people or structures significant risks due to wildfire- related impacts. No impact would occur.

Overall Wildfire Impacts Conclusion
With regard to CEQA Statute Section 21166 and CEQA Guidelines Section 15162(a), the changes proposed by the Project would not result in any new or more severe impacts with respect to Wildfire since the Project is not located in an SRA or lands classified as very high FHSZ. As demonstrated in this Addendum, the potential impacts associated with the Project would either be the same or less than those described in the FEIR. In addition, there are no substantial changes to the circumstances under which the Project would be undertaken that would result in new or more severe environmental impacts than previously addressed in the FEIR, nor has any new information regarding the potential for new or more severe significant environmental impacts been identified. Therefore, preparation of an SEIR is not warranted.

February 2024 4-83 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 132

Menifee Mayor and City Council
March 20, 2024
Page
661 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee

4.19 ENERGY
Summary of Previous Environmental Analysis
The FEIR did not include a specific analysis of the Specific Plan’s energy impacts. As part of the CEQA Guidelines updated in 2020, energy impacts are discussed as an environmental topic area. This Addendum EIR includes the following energy discussion.

Analysis of Proposed Project
Threshold (a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation, and
Less than Significant.

Construction
Project construction would create temporary increased demands for electricity and vehicle fuels compared to existing conditions and would result in short-term transportation-related energy use.

Electricity
Future construction activities associated with the land uses accommodated under the Project would require electricity use to power the construction equipment. The electricity use during construction would vary during different phases of construction, where the majority of construction equipment during demolition and grading would be gasoline-powered or diesel-powered, and the later construction phases would be electricity-powered, such as interior construction and architectural coatings. Overall, the use of electricity would be temporary in nature and would fluctuate according to the phase of construction.

Additionally, it is anticipated that the majority of electric-powered construction equipment would be hand tools (e.g., power drills, table saws, compressors) and lighting, which would result in minimal electricity usage during construction activities. Therefore, Project-related construction activities would not result in wasteful or unnecessary electricity demands and impacts would be less than significant.

Natural Gas Energy
It is not anticipated that construction equipment used for the Project would be powered by natural gas, and no natural gas demand is anticipated during construction. Therefore, impacts would be less than significant with respect to natural gas usage.

Transportation Energy
Transportation energy use depends on the type and number of trips, VMT, fuel efficiency of vehicles, and travel mode. Transportation energy used during construction would come from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. It is anticipated that the majority of off-road construction equipment, such as those used during demolition and grading activities, would be gasoline-powered or diesel-powered.

The use of energy resources by vehicles and equipment would fluctuate according to the phase of construction. To limit wasteful and unnecessary energy consumption, the construction contractors are anticipated to minimize non-essential idling of construction equipment during construction in accordance February 2024 4-84 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 133

Menifee Mayor and City Council
March 20, 2024
Page
662 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee with Section 2449 of the California Code of Regulations (CCR), Title 13, Article 4.8, Chapter 9. In addition, electrical energy would be available for use during construction from existing power lines and connection, which could minimize or avoid the use of generators that are less efficient than tying into existing Southern California Edison (SCE) infrastructure. Furthermore, construction trips would not result in unnecessary use of energy since the Project site is centrally located and is served by numerous local roadways and a major freeway (e.g., I-215) that provides the most direct and shortest routes from various areas of the region. Moreover, all construction-equipment operation would cease upon completion of Project construction. Thus, impacts related to transportation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure.

Additionally, over time as fuel efficiencies and fuel technologies improve, it is likely that transportation energy consumption will decrease. Overall, construction fuel associated with land use developments accommodated under the Project would not be any more inefficient, wasteful, or unnecessary than similar development projects. Therefore, impacts would be less than significant with respect to transportation energy.

Operations
Project operations would create additional demands for electricity and natural gas compared to existing conditions and would result in increased transportation energy use. Operational use of energy would include heating, cooling, and ventilation of buildings; water heating; operation of electrical systems; use of on-site equipment and appliances; and indoor, outdoor, perimeter, and parking lot lighting.

Electrical Energy
Electrical service to the Project would be provided by SCE through connections to existing offsite electrical lines and new on-site infrastructure. While the Project would increase energy demand at the Project site compared to existing conditions, it would be required to comply with the applicable Building Energy Efficiency Standards and the CALGreen Code. Because the Project would be consistent with the requirements of these energy-related regulations, it would not result in wasteful or unnecessary electricity demands. Therefore, the Project would not result in a significant impact related to electricity.

Natural Gas Energy
The potential natural gas consumption for the Project was estimated in the FEIR to be approximately 11,558,402 thousand British Thermal Units per year (kBTU/yr) or 11.6 million therms. 19 The County had an annual gas usage of approximately 431 million therms. 20 This would constitute approximately 2.7 percent of the County’s natural gas usage. Since the Project’s density would not increase from the Approved Project, the Project’s natural gas usage would be consistent with the natural gas usage determined in the FEIR. Therefore, operation of the Project would result in less than significant impacts with respect to natural gas usage.

Mitigation Program
Mitigation Measures from the FEIR
Not evaluated in the FEIR; therefore, no mitigation measures are available from the FEIR. 19 California Emissions Estimator Model (CalEEMod). 2023. Cimarron Specific Plan. 20 California Energy Commission. 2022. Natural Gas Consumption by County. Riverside County. Retrieved from:
https://ecdms.energy.ca.gov/gasbycounty.aspx (accessed October 9, 2023).

February 2024 4-85 Environmental Analysis
Item Title: 11.1
Cimarron Ridge Specific Plan
Item Page Number: 134

Menifee Mayor and City Council
March 20, 2024
Page
663 of 1058

Addendum Environmental Impact Report for the
TTM 36658, DA No. 2014-002 and Specific Plan 2013-247 (Cimarron Ridge) ProjectCity of Menifee Conclusion
There are no new or more severe potentially significant impacts regarding energy usage. No Project- specific mitigation is required.

Threshold (b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less than Significant Impact. The State’s electricity grid is transitioning to renewable energy under California’s Renewables Portfolio Standard (RPS) Program. Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The statewide RPS requirements do not directly apply to individual development projects, but to utilities and energy providers such as SCE, whose compliance with RPS requirements would contribute to the State of California objective of transitioning to renewable energy. SCE's Pathway 2045 concludes that reaching California’s 2045 greenhouse gas goals requires the decarbonization of electricity, electrification of transportation, electrification of buildings, and utilization of low carbon fuels. 21 Achieving 100 percent renewable energy would be feasible with continued technical advances including the following:22 •
•
•
•
Better weather forecasting technology is making it much easier for grid operators to precisely how much wind or solar generation we can depend on at any given time.

The cost of zero-carbon generation sources like wind and solar have dramatically decreased in the past decade and continue to decline.

The cost of energy storage technologies, which will help us be able to use renewables when the wind isn’t blowing and the sun isn’t shining, also continues to decline.

New advancements in the ability of large and small electricity users to shift usage towards times when electricity is cheaper and when the supply of renewables is most abundant are helping to make the grid more flexible and able to accommodate very high levels of renewable energy. •
•
Grid operators around the western United States are coordinating to gain access to larger markets for renewables and other carbon-free flexible grid resources.

Targeting energy efficiency during times of the day when renewables are less abundant (after the sun sets) will also help the grid operate more efficiently.

Menifee City CouncilMarch 20, 2024

Menifee City Council
March 20, 2024