June 1, 2023
Sonia Sifuentes
ECORP Consulting
Via Email to: [email protected]
Re: Ronald Regan Sports Park Project, Riverside County
Dear Ms. Sifuentes:
A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites.
Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received.
If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance, we can assure that our lists contain current information.
If you have any questions or need additional information, please contact me at my email address: [email protected].
Sincerely,
Andrew Green
Cultural Resources Analyst
Attachment
ACTING CHAIRPERSON
Reginald Pagaling
Chumash
SECRETARY
Sara Dutschke
Miwok
COMMISSIONER
Isaac Bojorquez
Ohlone-Costanoan
COMMISSIONER
Buffy McQuillen
Yokayo Pomo, Yuki,
Nomlaki
COMMISSIONER
Wayne Nelson
Luiseño
COMMISSIONER
Stanley Rodriguez
Kumeyaay
COMMISSIONER
Vacant
COMMISSIONER
Vacant
COMMISSIONER
Vacant
EXECUTIVE SECRETARY
Raymond C.
Hitchcock
Miwok, Nisenan
NAHC HEADQUARTERS
1550 Harbor Boulevard
Suite 100
West Sacramento,
California 95691
(916) 373-3710
[email protected]
NAHC.ca.gov
990
Agua Caliente Band of Cahuilla
Indians
Patricia Garcia-Plotkin, Director
5401 Dinah Shore Drive
Palm Springs, CA, 92264
Phone: (760) 699 - 6907
Fax: (760) 699-6924
[email protected]
Cahuilla
Agua Caliente Band of Cahuilla
Indians
Reid Milanovich, Chairperson
5401 Dinah Shore Drive
Palm Springs, CA, 92264
Phone: (760) 699 - 6800
Fax: (760) 699-6919
[email protected]
Cahuilla
Juaneno Band of Mission
Indians Acjachemen Nation -
Belardes
Joyce Perry, Cultural Resource
Director
4955 Paseo Segovia
Irvine, CA, 92603
Phone: (949) 293 - 8522
[email protected]
Juaneno
Juaneno Band of Mission
Indians Acjachemen Nation 84A
Heidi Lucero, Chairperson, THPO
31411-A La Matanza Street
San Juan Capistrano, CA, 92675
Phone: (562) 879 - 2884
[email protected]
Juaneno
La Jolla Band of Luiseno
Indians
Norma Contreras, Chairperson
22000 Highway 76
Pauma Valley, CA, 92061
Phone: (760) 742 - 3771
Luiseno
Pala Band of Mission Indians
Shasta Gaughen, Tribal Historic
Preservation Officer
PMB 50, 35008 Pala Temecula
Road
Pala, CA, 92059
Phone: (760) 891 - 3515
Fax: (760) 742-3189
[email protected]
Cupeno
Luiseno
Pala Band of Mission Indians
Alexis Wallick, Assistant THPO
PMB 50, 35008 Pala Temecula
Road
Pala, CA, 92059
Phone: (760) 891 - 3537
[email protected]
Cupeno
Luiseno
Pauma Band of Luiseno Indians
Temet Aguilar, Chairperson
P.O. Box 369
Pauma Valley, CA, 92061
Phone: (760) 742 - 1289
Fax: (760) 742-3422
[email protected]
Luiseno
Pechanga Band of Indians
Paul Macarro, Cultural Resources
Coordinator
P.O. Box 1477
Temecula, CA, 92593
Phone: (951) 770 - 6306
Fax: (951) 506-9491
[email protected]
Luiseno
Pechanga Band of Indians
Mark Macarro, Chairperson
P.O. Box 1477
Temecula, CA, 92593
Phone: (951) 770 - 6000
Fax: (951) 695-1778
[email protected]
Luiseno
1 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.
This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Ronald Regan Sports Park Project, Riverside County.
PROJ-2023-
002557
06/01/2023 09:49 AM
Native American Heritage Commission
Native American Contact List
Riverside County
6/1/2023
991
Quechan Tribe of the Fort Yuma
Reservation
Manfred Scott, Acting Chairman -
Kw'ts'an Cultural Committee
P.O. Box 1899
Yuma, AZ, 85366
Phone: (928) 210 - 8739
culturalcommittee@quechantribe.
com
Quechan
Quechan Tribe of the Fort Yuma
Reservation
Jordan Joaquin, President,
Quechan Tribal Council
P.O.Box 1899
Yuma, AZ, 85366
Phone: (760) 919 - 3600
executivesecretary@quechantribe
.com
Quechan
Quechan Tribe of the Fort Yuma
Reservation
Jill McCormick, Historic
Preservation Officer
P.O. Box 1899
Yuma, AZ, 85366
Phone: (928) 261 - 0254
historicpreservation@quechantrib
e.com
Quechan
Rincon Band of Luiseno Indians
Joseph Linton, Tribal
Council/Culture Committee
Member
One Government Center Lane
Valley Center, CA, 92082
Phone: (760) 803 - 3548
[email protected]
Luiseno
Rincon Band of Luiseno Indians
Laurie Gonzalez, Tribal
Council/Culture Committee
Member
One Government Center Lane
Valley Center, CA, 92082
Phone: (760) 484 - 4835
[email protected]
Luiseno
Rincon Band of Luiseno Indians
Cheryl Madrigal, Cultural
Resources Manager/Tribal
Historic Preservation Officer
One Government Center Lane
Valley Center, CA, 92082
Phone: (760) 648 - 3000
[email protected]
Luiseno
Santa Rosa Band of Cahuilla
Indians
Lovina Redner, Tribal Chair
P.O. Box 391820
Anza, CA, 92539
Phone: (951) 659 - 2700
Fax: (951) 659-2228
[email protected]
Cahuilla
Soboba Band of Luiseno
Indians
Isaiah Vivanco, Chairperson
P. O. Box 487
San Jacinto, CA, 92581
Phone: (951) 654 - 5544
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
Soboba Band of Luiseno
Indians
Joseph Ontiveros, Cultural
Resource Department
P.O. BOX 487
San Jacinto, CA, 92581
Phone: (951) 663 - 5279
Fax: (951) 654-4198
[email protected]
Cahuilla
Luiseno
2 of 2
This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code.
This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Ronald Regan Sports Park Project, Riverside County.
PROJ-2023-
002557
06/01/2023 09:49 AM
Native American Heritage Commission
Native American Contact List
Riverside County
6/1/2023
992
APPENDIX C
Project Area Photographs
993
994
995
996
997
998
999
1000
1001
1002
1003
1004
Appendix 5
Geotechnical Evaluation
1005
Geotechnical Evaluation
27-Acre Park
Northwest of La Estrella Street and
Wildomar Trail
Wildomar, California
RRM Design Group
32332 Camino Capistrano, Suite 205 | San Juan Capistrano, California 92675 March 26, 2021 | Project No. 211578001
Geotechnical | Environmental | Construction Inspection & Testing | Forensic Engineering & Expert Witness Geophysics | Engineering Geology | Laboratory Testing | Industrial Hygiene | Occupational Safety | Air Quality | GIS 1006
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com Geotechnical Evaluation
27-Acre Park
Northwest of La Estrella Street and
Wildomar Trail
Wildomar, California
Ms. Amanda Seibel
RRM Design Group
32332 Camino Capistrano, Suite 205 | San Juan Capistrano, California 92675 March 26, 2021 | Project No. 211578001
Matthew Harrell, PG, CEG
Senior Project Geologist
Daniel Chu, PhD, PE, GE
Principal Engineer
Michael Putt, PG, CEG
Principal Geologist
KMB/MRH/SG/MLP/mlc
1007
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 i
CONTENTS
1 INTRODUCTION 1
2 SCOPE OF SERVICES 1
3 SITE DESCRIPTION 1
4 PROPOSED CONSTRUCTION 2
5 SUBSURFACE EVALUATION AND LABORATORY TESTING 2
6 FIELD PERCOLATION TESTING 3
7 GEOLOGY 3
7.1 Subsurface Conditions 4
7.1.1 Fill (Qaf) 4
7.1.2 Alluvium (Qya) 4
7.1.3 Pauba Formation (Qps) 5
7.1.4 Paloma Valley Ring Complex (Kpvg) 5
7.2 Groundwater 5
7.3 Flood Hazards 5
8 FAULTING AND SEISMICITY 5
8.1 Surface Fault Rupture 6
8.2 Ground Motion 6
8.3 Liquefaction 7
8.4 Seismic-Induced Landsliding 7
9 CONCLUSIONS 7
10 RECOMMENDATIONS 9
10.1 Earthwork 10
10.1.1 Construction Plan Review 10
10.1.2 Pre-Construction Conference 10
10.1.3 Site Clearing and Preparation 10
10.1.4 Excavation Characteristics 10
10.1.5 Treatment of Near Surface Soils 11
10.1.6 Temporary Excavations 12
10.1.7 Fill Material 12
10.1.8 Fill Placement and Compaction 13
10.1.9 Slopes 13
10.2 Seismic Design Considerations 14
10.3 Foundations 14
1008
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 ii
10.3.1 Spread Footings 14
10.3.2 Cast in Drilled Hole (CIDH) Piles 15
10.4 Retaining Walls 15
10.5 Hardscape 16
10.6 Underground Utilities 16
10.6.1 Pipe Bedding 16
10.6.2 Trench Backfill 17
10.6.3 Modulus of Soil Reaction 17
10.7 Preliminary Pavement Design 17
10.8 Corrosivity 18
10.9 Concrete Placement 19
10.10 Drainage 19
11 CONSTRUCTION OBSERVATION 20
12 LIMITATIONS 21
13 REFERENCES 23
TABLES
1 – Percolation Test Results 3
2 – 2019 California Building Code Seismic Design Criteria 14 3 – Preliminary Flexible Pavement Structural Section 18
FIGURES
1 – Site Location
2 – Boring and Percolation Locations
3 – Site Geology
4 – Regional Geology
5 – Fault Locations
6 – Seismic Hazard Zones
7 – Keying and Benching Detail
8 – Lateral Earth Pressures for Yielding Retaining Walls 9 – Lateral Earth Pressures for Restrained Retaining Walls 10 – Retaining Wall Drainage Detail
APPENDICES
A – Boring Logs
B – Laboratory Testing
1009
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 1 1 INTRODUCTION
In accordance with your request, we have performed a geotechnical evaluation for the proposed 27-Acre Park located to the northwest of the intersection of La Estrella Street and Wildomar Trail (former Porras Road) in Wildomar, California. This report presents our findings, conclusions, and recommendations based our background review, site reconnaissance, subsurface evaluation, laboratory testing, and geotechnical analyses.
2 SCOPE OF SERVICES
Our scope of services included the following:
• Project planning and coordination, including review of readily available geologic maps, aerial images, seismic data, groundwater data, project planning documents provided by RRM Design Group, and geotechnical literature.
• Geologic reconnaissance to map and document the existing surficial conditions at the project site and to mark proposed boring locations for utility clearance with Underground Service Alert.
• Subsurface exploration consisting of the drilling, logging and sampling of 9 hollow-stem auger borings using a truck-mounted equipment. The borings were advanced to depths of up to approximately 31.3 feet. The borings were logged by a representative from our firm, and bulk and relatively undisturbed soil and bedrock samples collected at selected intervals for laboratory testing.
• Drilling and logging of four hollow-stem auger borings to depths of approximately 5 feet and performing percolation testing in general accordance with the Riverside County guidelines. • Geotechnical laboratory testing of representative soil samples to evaluate in-situ moisture and dry density, percent finer than No. 200 sieve, Atterberg limits, direct shear strength, expansion index, proctor density, R-value and soil corrosivity.
• Compilation and geotechnical analysis of field and laboratory data. • Preparation of this geotechnical report presenting our findings, conclusions, and recommendations regarding the project.
3 SITE DESCRIPTION
The proposed 27-Acre Park will be located in an unimproved area to the north and west of Ronald Reagan Elementary School (Figure 1). The site is generally bounded by Wildomar Trail to the east, residential properties and undeveloped land to the north, Susan Drive to the west, and La Estrella Street and undeveloped land to the south. Topographically, the site is located on hilly terrain with elevations that range between approximately 1515 feet above mean sea level (MSL) near the northeast corner of the property to 1395 feet above MSL near the southwest corner of the property (Figure 2). Two drainage courses cross the site from northeast to southwest. Some erosion scour was observed near bends in the drainage courses. The natural slopes at the site 1010
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 2 are up to approximately 40 feet in height and are generally inclined at a slope ratio of 2 to 1 (horizontal to vertical) or flatter. Some relatively large boulders and other soil stockpiles were also observed.
4 PROPOSED CONSTRUCTION
Based on our review of the Geotechnical Map Exhibit (RRM Design Group, 2021) and other concept drawings, we understand the 27-Acre Park will be divided into a Natural Park Area on the north side of the property and an Active Park Area on the south side of the property, and three new parking lots (Figure 2). The Natural Park Area will include hiking trails, bike trails, and courses, and may include minor structural improvements such as pedestrian bridges, playground equipment and shade structures at the northeastern portion of the site. The Active Park Area will include a community building and amphitheater, pickleball/volleyball courts, shade structures, a fitness plaza, a picnic pavilion, a play area and splash pad, and grass fields, gardens, and other landscaping. Additional site improvements will include retaining walls, bioretention basins, and subterranean storm water infiltration facilities. A new fire station and parking lot are also planned adjacent to Susan Drive.
Detailed grading plans have not been prepared at the time of this report. Based on our understanding of the proposed construction and the site topography, we anticipate relatively shallow grading in the Natural Park Area consisting of cuts and fills of 5 feet or less in order to create level pads for new structures and trails and that the majority of the norther area of the park will preserve the natural existing contours. More significant grading is anticipated in the Active Park area in order to construct the building pad for the community center, amphitheater, play area and splash pad, and sports fields. We anticipate the new community building is to be a one or two story structure.
5 SUBSURFACE EVALUATION AND LABORATORY TESTING
Our subsurface evaluation was conducted on February 10, 2021 and consisted of the drilling, logging, and sampling of 9 small-diameter borings (B-1 through B-9) to depths ranging from approximately 15.4 to 30.3 feet. The exploratory borings were drilled using a truck-mounted drilling equipment utilizing hollow stem augers. The purpose of the borings was to evaluate the subsurface conditions at the project site and to collect bulk and relatively undisturbed soil and bedrock samples for laboratory testing. To evaluate the infiltration characteristics of the near surface materials, four additional exploratory borings were drilled to depths of approximately 5 feet for percolation testing in general accordance with Riverside County’s guidelines (Riverside County, 2011). Details regarding the percolation test procedures and test results are provided in 1011
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 3 the Field Percolation Testing section of this report. Logs of the exploratory borings are presented in Appendix A. The approximate locations of the borings and the percolation tests are presented on Figures 2 and 3.
Laboratory testing was performed to evaluate in-situ moisture and dry density, percent finer than the No. 200 sieve, Atterberg limits, direct shear strength, expansion index, proctor density, soil corrosivity, and R-value. The results of the in-situ moisture content and dry density tests are presented on the boring logs in Appendix A. The remaining laboratory testing results are presented in Appendix B.
6 FIELD PERCOLATION TESTING
Shallow percolation testing was performed on February 11 and February 12, at four locations, P1 through P-4, in general accordance with the 2017 Riverside County guidelines (Riverside County, 2011). The testing was performed to evaluate the infiltration rate of the on-site soils for use in design of on-site stormwater infiltration Best Management Practices by others.
The four locations were drilled to depths of approximately 5 feet and presoaked to the surface. In accordance with the Riverside County guidelines, each test hole was filled to a depth that is equal to or greater than five times the hole’s radius. In sandy conditions, the test was conducted over a minimum of one hour with measurements being recorded every ten minutes. The measured rate of percolation during the last test interval was utilized for the calculation of the infiltration rate shown in Table 1.
Table 1 – Percolation Test Results
Boring
Location
Depth Interval
(ft)
Soil Type at Test Interval
(USCS Classification)
Field Measured Percolation Rate
(in/hr)
P-1 3.0-5.0 Alluvium (SC) 3.7
P-2 3.0-5.0 Paloma Valley Ring Complex
(Granodiorite) 4.2
P-3 3.0-5.0 Pauba Formation (Sandstone) 0.8
P-4 3.0-5.0 Pauba Formation (Sandstone) 1.2
Notes:
ft – feet
in/hr – inches per hour
7 GEOLOGY
The project site is located within the Riverside Basin, which is part of the Peninsular Ranges geomorphic province of southern California (Norris and Webb, 1990). The geomorphic province encompasses an area that extends approximately 125 miles from the Transverse Ranges and the Los Angeles Basin south to the Mexican border and the tip of Baja California. The Peninsular Ranges province is characterized by generally northwest-trending mountain ranges and structural 1012
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 4 basins separated by sub-parallel fault zones. In general, the mountain ranges are underlain by Jurassic-age metavolcanic and metasedimentary rocks and Cretaceous-age igneous rocks of the southern California batholith.
According to the geologic map by Dibblee (2003), the majority of the site is underlain by Cretaceous-age granodiorite to monzogranite from the Paloma Valley Ring Complex. The rocks primarily consist of pale gray, massive, medium-grained hypidiomorphic-granular biotite monzogranite, and less abundant hornblende-biotite granodiorite. The southern portion of the site is mapped as Pleistocene-age sandstone of the Pauba Formation. The sandstone member is brown, moderately well-indurated, cross-bedded sandstone containing sparse cobble- to boulderconglomerate beds. A map of the site geology is presented in Figure 3 and the regional geology presented in Figure 4.
7.1 Subsurface Conditions
Earth materials observed during our geologic mapping and encountered during our subsurface exploration at the site include fill, alluvium, sandstone of the Pauba Formation, and granodiorite of the Paloma Valley Ring Complex. The approximate geologic contacts between the various geologic units are shown on Figure 3. Generalized descriptions of the materials are presented below. Detailed descriptions of the subsurface conditions are presented on the boring logs and percolation test logs in Appendix A.
7.1.1 Fill (Qaf)
Undocumented fill was observed during our geologic reconnaissance in the vicinity of borings B-1 and B-6. The fill generally consists of dumped soil stockpiles less than five feet in height and consists of loose clayey sands with gravel with varying amounts of construction debris and organics. Due to the scattered placement of the soil stockpiles, they are not mapped on Figure 3. Fill associated with an existing storm drain outlet structure is also anticipated near the northwest corner of the site adjacent to Wildomar Trail.
7.1.2 Alluvium (Qya)
Alluvial deposits were encountered in borings B-1, B-8 and P-1 to the total depths explored in the two borings of approximately 16.5 feet. The alluvium generally consisted of light brown to brown, moist, medium dense, clayey sand and poorly graded sand and light brown, moist, stiff, lean clay. Various amounts of gravel were encountered in the alluvium. 1013
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 5
7.1.3 Pauba Formation (Qps)
Sandstone of the Pauba Formation was encountered in borings B-4, B-6, B-7 and B-9 to depths of approximately 9 feet, in B-9 to the total depth explored of approximately 15.4 feet, and in percolation test holes P-3 and P-4 to a depth of approximately 5 feet. The Pauba Formation generally consisted of brown to reddish brown, moist, weakly cemented, poorly graded sandstone with clay and silt. The upper approximately 3 to 4 feet of the surficial bedrock is highly weathered to a clayey sand
7.1.4 Paloma Valley Ring Complex (Kpvg)
Bedrock of the Paloma Valley Ring Complex was encountered from the surface in borings B2, B-3, B-5, and percolation test hole P-2, and below the Pauba Formation in borings B-4, B6, and B-7 to the total depths explored of approximately 31.3 feet. The Paloma Valley Ring Complex generally consisted of light gray to dark gray, reddish yellow, moist, soft to moderately soft, granodiorite. Where exposed at the surface, the upper approximately 2 to 4 feet of the granodiorite is highly weathered to decomposed to a sandy clay soil and contained iron oxidation staining and calcium carbonate mineralization.
7.2 Groundwater
Groundwater was not encountered in our exploratory borings at the time of drilling up to the total depth explored of 30.3 feet. A groundwater monitoring well located approximately 1.2 miles to the southeast of the site indicated recent groundwater levels at approximate 16 feet below the ground surface and a groundwater monitoring well located approximately 2.2 miles to the northwest of the site encountered groundwater levels at approximately 43 feet below the ground surface (GeoTracker, 2021). It should be noted that fluctuations in the level of groundwater will occur due to variations in ground surface topography, subsurface stratification, rainfall, irrigation practices, groundwater pumping, and other factors which may not have been evident at the time of our field evaluation.
7.3 Flood Hazards
According to FEMA 2021, the site is mapped as an area of minimal flood hazard. Based on this review, the potential for flooding of the site is considered low. 8 FAULTING AND SEISMICITY
Based on our review of pertinent readily available geologic literature, geologic maps, stereoscopic aerial photographs, and our geologic field reconnaissance, no active faults are known to cross the subject site and the site is not located within a State of California Earthquake Fault Zone (EFZ) 1014
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 6 formerly known as an Alquist-Priolo Special Studies Zone (Hart and Bryant, 2007). However, the site is located in a seismically active area, as is the majority of southern California, and the potential for strong ground motion in the project area is considered significant during the design life of the proposed project. Figure 5 shows the approximate site location relative to the major faults in the region.
In general, seismic hazards that could impact the project include ground surface rupture, strong ground motion, liquefaction, liquefaction-induced dynamic settlement and seismically induced landsliding. These potential hazards are discussed in the following sections.
8.1 Surface Fault Rupture
Based on our review of the referenced literature and our site reconnaissance, no active faults are known to cross the project site. Therefore, the probability of damage from surface ground rupture is considered to be low. However, lurching or cracking of the ground surface as a result of nearby seismic events is possible.
8.2 Ground Motion
Considering the proximity of the site to active faults capable of producing a maximum moment magnitude of 6.0 or more, the project area has a high potential for experiencing strong ground motion. The 2019 California Building Code (CBC) specifies that the risk-targeted maximum considered earthquake (MCER) ground motion response accelerations be used to evaluate seismic loads for design of buildings and other structures. The MCER ground motion response accelerations are based on the spectral response accelerations for 5 percent damping in the direction of maximum horizontal response and incorporate a target risk for structural collapse equivalent to 1 percent in 50 years with deterministic limits for near-source effects. The horizontal peak ground acceleration that corresponds to the MCER for the project area was calculated as
0.72g using the 2019 Structural Engineers Association of California (SEAOC)/Office of Statewide Health Planning and Development (OSHPD) seismic design tool (web-based). Spectral response acceleration parameters, consistent with the 2019 CBC, are also provided in Section 10.2 for the evaluation of seismic loads on buildings and other structures.
The 2019 CBC specifies that the potential for liquefaction and soil strength loss be evaluated, where applicable, for the mapped maximum considered earthquake geometric mean (MCEG) peak ground acceleration (PGAM) with adjustment for site class effects in accordance with the American Society of Civil Engineers (ASCE) 7-16 Standard. The MCEG PGA is based on the geometric mean PGA with a 2 percent probability of exceedance in 50 years. The PGAM was calculated as 0.86g using the 2019 SEAOC/OSHPD seismic design tool (web-based). 1015
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 7
8.3 Liquefaction
Liquefaction is the phenomenon in which loosely deposited granular soils and cohesionless finegrained soils located below the water table undergo rapid loss of shear strength due to excess pore pressure generation when subjected to strong earthquake-induced ground shaking.
Sufficient ground shaking duration results in the loss of grain-to-grain contact due to a rapid rise in pore water pressure. This causes the soil to behave as a fluid for a short period of time.
Liquefaction is known generally to occur in saturated or near-saturated cohesionless soils at depths shallower than 50 feet below the ground surface. Factors known to influence liquefaction potential include composition and thickness of soil layers, grain size, relative density, groundwater level, degree of saturation, and both intensity and duration of ground shaking.
Our review of readily available groundwater data in the vicinity of the site indicates that for a site located southeast of the site, the depth to groundwater has been recorded as being approximately 16 feet below ground surface (GeoTracker, 2021). The State of California Seismic Hazard Zones Map (Figure 6) indicates the project area is not located within an area mapped as subject to seismically induced liquefaction hazards. However, County of Riverside GIS mapping for liquefaction identifies the southwest portion of the site as having a moderate potential for liquefaction. Due to the shallow depth to bedrock encountered during drilling in the vicinity of the community center and restroom building, the liquefaction potential is not a design consideration for the proposed buildings.
8.4 Seismic-Induced Landsliding
Landslides may be induced by strong vibratory motion produced by earthquakes. Research and historical data indicate that seismically induced landslides tend to occur in weak soil and rock on sloping terrain. The process for zoning earthquake-induced landslides incorporates expected future earthquake shaking, existing landslide features, slope gradient and strength of earth materials on the slope. The project area is not mapped in an area considered susceptible to seismically induced landslides (CGS, 2007). We did not observe landslides or other signs of significant slope instability during our geologic mapping with the exception of some relatively shallow erosion scour along the drainage swales. The risk of seismic-induced landsliding at the site is considered low.
9 CONCLUSIONS
Based on our geologic mapping, subsurface exploration, review of background information, and our experience in the area, it is our opinion that construction of the proposed 27-Acre Park is feasible from a geotechnical standpoint, provided that the following preliminary recommendations 1016
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 8 are incorporated into the design and construction of the proposed project. Similarly, although not a part of the park design project, it is also considered feasible to construct a fire station at the planned location. However, additional subsurface exploration will be needed during the design phase of the fire station project in accordance with the building code requirements for essential services buildings in order to provide specific geotechnical earthwork and foundation design recommendations.
The primary geotechnical considerations for the project that should be considered during the design include difficult excavating conditions in the sandstone and granodiorite bedrock and the potential for generating oversize rock, and mitigation of bedrock to fill transitions beneath the proposed Community Center building and other structures. Based on our geologic mapping and subsurface exploration, as well as our experience in the area, the hardness of the bedrock materials generally increases with depth, and therefore, the contractor should anticipate difficult excavating conditions in areas of deeper cut. Deeper cuts are anticipated to construct the proposed amphitheater and the building pad for the Community Center building. Although our boring B-3 in this area was advanced to a depth of approximately 31 feet, the drilling conditions were difficult and it was difficult to drive samples into the bedrock. As such, the project civil engineer should consider this during the development of the grading plans for the project. Deeper excavations into the bedrock are also anticipated to generate large rock fragments that may be difficult to reduce in size for incorporation into engineered fills.
We anticipate that future grading for building pads, for new building structures, and other site improvements may result in a bedrock to fill transition being exposed at the finish pad grades.
Structures constructed across bedrock to fill transitions can experience differential settlement.
This condition can be mitigated by overexcavating the bedrock portions of the structure pads to provide a more uniform thickness of compacted fill beneath the structure foundations.
In general, the following additional conclusions were made:
• The site is generally underlain by alluvium, sandstone of the Pauba Formation, and granodiorite of the Paloma Valley Ring Complex. The alluvial deposits generally consist of dark reddish brown, light brown to dark brown, red, reddish brown, reddish gray, moist, loose to dense, lean clay, lean clay with sand, clayey sand, and poorly graded sand. • Based on our review of the State of California Seismic Hazard Zones map (CGS, 2007), the subject site is not located in an area mapped as being potentially liquefiable. While the County of Riverside has mapped the southwest corner of the site as having moderate susceptibility to liquefaction, the risk of liquefaction in the vicinity of the proposed structures is considered low.
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Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 9 • Erosion scour was observed in some areas of the natural drainage swales. The potential for scour should be considered by the project civil engineer and the designer for the proposed pedestrian bridges that will span the drainage swales.
• Groundwater was not observed during drilling of our exploratory borings. Groundwater levels are, however, subject to variation depending on rainfall, irrigation, groundwater pumping and other factors.
• Excavations during site grading should be feasible with earthmoving equipment in good working order. The alluvial soils and the upper, highly weathered portions of the bedrock are anticipated to be excavatable with light ripping. More difficult excavating conditions should be anticipated where deeper cuts into the bedrock are planned. • We anticipate that the existing colluvium and alluvial materials may be reused as compacted fill. Bedrock materials may also be reused as compacted fill provided that rocks larger than 4 inches are removed from the fill.
• The subject site is not located within a State of California EFZ. The potential for surface fault rupture as defined by the Alquist-Priolo Earthquake Fault Zoning Act is considered to be relatively low.
• On-site alluvial soils and highly weathered bedrock materials should be considered as Type C soils in accordance with Occupational Safety and Health Administration (OSHA) soil classifications. Sandy soil may be prone to caving during earthwork operations. Less weathered bedrock may be considered as Type B soils.
• The expansion index of the near-surface soil tested for this project was very low. • The PGAM was estimated to be 0.86g for the site.
• Based on laboratory test results, the near-surface site soils can be classified as non-corrosive based on California Department of Transportation (Caltrans, 2018) corrosion guidelines. • Based upon the percolation test results, the field measured percolation rate of the soils approximately 5 feet below the ground surface is between approximately 4.0 inches and 0.8 inch per hour. The design infiltration rates should be reduced in accordance with the appropriate reduction factors evaluated by the project civil engineer. • A setback of 15 feet or more should be maintained between the invert of proposed infiltration systems and a 1:1 (horizontal to vertical) plane drawn down from the bottom outside edges of adjacent structural foundations and/or hardscape areas. 10 RECOMMENDATIONS
The recommendations presented in the following sections provide general geotechnical criteria regarding the design and construction of the proposed improvements. The recommendations are based on the results of our subsurface evaluation, laboratory testing, review of referenced geologic materials, experience in the general vicinity of the project area, and geotechnical analyses. The proposed work should be performed in conformance with the recommendations presented in this report, project specifications, and appropriate agency standards. 1018
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 10
10.1 Earthwork
10.1.1 Construction Plan Review
The concept drawings prepared by RMM (2021) for this study were preliminary in nature and did not present proposed grading elevations. We recommend that the grading and foundation plans be submitted to Ninyo & Moore for review to evaluate conformance to the geotechnical recommendations provided in this report. Additional or revised remedial grading and foundation design recommendations may be appropriate depending on the planned grading and foundation loads from the proposed structures.
10.1.2 Pre-Construction Conference
We recommend that a pre-construction conference be held in order to discuss the recommendations presented in this report. The owner and/or their representative, the governing agencies’ representatives, the civil engineer, Ninyo & Moore, and the contractor should be in attendance to discuss the work plan, project schedule, and earthwork requirements.
10.1.3 Site Clearing and Preparation
Prior to performing excavations or other earthwork, the site should be cleared of debris, vegetation, and loose or otherwise unsuitable materials. Existing utilities to remain in place (if any) should be located and protected from damage by construction activities. Materials generated from the clearing/demolition operations should be removed from the project site and disposed of at a legal dump site.
10.1.4 Excavation Characteristics
Based on our field exploration, we anticipate that excavations at the site may be accomplished with conventional earthmoving equipment in good working condition. The majority of excavations at the site are anticipated to encounter alluvium and weathered bedrock. We anticipate that existing alluvial soils encountered during construction will be generally comprised of lean clay, lean clay with sand, clayey sand, and poorly graded sand and will be readily excavatable. The bedrock consisted of weakly to moderately cemented sandstone and granodiorite. These materials were harder and encountered blow counts over 100 blows per foot, but the drill rig was able to advance the augers 25 feet into the bedrock to the planned drilling depth of 31.3 feet. The contractor should anticipate additional effort and difficult excavating conditions for excavations that extend into the bedrock. 1019
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 11 There are large boulders that have been placed at the site and we anticipate that excavations into the bedrock will generate oversize material that may be difficult to reduce in size.
Oversized material (larger than approximately 4 inches) is not suitable for use in engineered fill and should be disposed of off-site. Contractors should make their own independent evaluation of the excavatability of the on-site materials prior to submitting their bids. Some of the stockpiled soils contain construction debris and handling and disposing of construction debris should be planned for by the contractor.
10.1.5 Treatment of Near Surface Soils
In order to provide suitable support and reduce the potential for settlement, we recommend that remedial grading is performed in the areas of new construction. As described above, there is existing undocumented fill at the site, including small uncompacted soil stockpiles that pose a risk of settlement if the soil is not removed and replaced as compacted fill.
In general, the remedial grading should remove existing undocumented and stockpiled fills and the bottom of the excavations should expose relatively dense native deposits. Remedial grading should be performed in building areas and for other structures such as retaining walls and play area structures, areas to receive new fill, the parking lots and other paved areas, and the pickleball/volleyball courts.
For building areas, including the community center and restrooms, as well as new play area structures, the lateral limits of the excavation should extend 5 feet or more beyond the outside edge of the new structure, or to a distance equal to the depth of the excavation, whichever is more. We recommend that two feet or more of compacted fill is present below the building foundation. As described above, detailed grading plans were not available. Due to the sloping terrain, we anticipate that future building pads may expose bedrock to fill transitions.
Bedrock to fill transitions should be mitigated by overexcavating the bedrock to create a more consistent fill cap beneath the influence zone of the new structures. For preliminary planning purposes, we recommend that the bedrock areas are overexcavated to a depth that provides approximately 1/3 of the maximum fill thickness beneath the new foundations. More specific remedial grading recommendations should be provided when grading plans for the project have been prepared.
In paved areas, including sidewalks and other hardscape, and the pickleball/volleyball courts if they will be paved, the existing fill and upper weathered portions of the native soils and/or bedrock should also be removed to expose competent native materials. In areas where the planned cuts remove existing fill, the subgrade should be scarified to a depth of 8 inches, 1020
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 12 moisture-conditioned to near optimum moisture content, and recompacted. The limits of the scarification should extend laterally 12 inches beyond the outside edge of the pavement.
The excavation bottoms should be evaluated by our representative during the excavation work. Additional overexcavation of loose, soft, and/or wet areas may be appropriate, depending on our observations during construction. Prior to placing new compacted fill, the exposed bottom should be scarified, moisture-conditioned, and recompacted to a depth of approximately 8 inches.
Care should be taken by the contractor to avoid undermining existing improvements located adjacent to the project site. In the event that excavations will extend within this zone, our office should be notified and appropriate recommendations provided, such as temporary shoring.
10.1.6 Temporary Excavations
We anticipate that excavations during remedial grading and utility construction will not involve temporary vertical cuts and excavations can be sloped in accordance with OSHA regulations so that shoring will not be needed. These regulations provide trench sloping and shoring design parameters for trenches up to 20 feet deep based on the soil types encountered.
While not anticipated, trenches/excavations over 20 feet deep should be designed by the contractor’s engineer based on site-specific geotechnical analyses. For planning purposes, we recommend that the alluvial materials and portions of the bedrock that have been highly weathered to a soil be considered as OSHA soil Type C. Less weathered sandstone and granodiorite materials may be considered as OSHA soil Type B.
Temporary excavations should be constructed in accordance with OSHA recommendations.
For trench or other excavations, OSHA requirements regarding personnel safety should be met by using appropriate shoring (including trench boxes) or by laying back the slopes no steeper than 1.5:1 (horizontal to vertical). On-site safety of personnel is the responsibility of the contractor. Recommendations for temporary shoring can be provided, if requested.
10.1.7 Fill Material
In general, the on-site soils should be suitable for use as compacted fill provided they are free of construction/demolition debris, trash, roots, vegetation, deleterious materials, and contamination. Fill should generally be free of rocks or lumps of material in excess of 8 inches in diameter. Rocks or hard lumps larger than approximately 4 inches in diameter should be broken into smaller pieces or should be removed from the site. On-site soils used as fill will 1021
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 13 involve moisture conditioning to achieve appropriate moisture content for compaction. The lean clay alluvial soils are not suitable for use as retaining wall backfill and should not be placed beneath the proposed building structures.
Fill used as backfill behind the retaining wall should consist of free-draining, granular, nonexpansive soil that conforms with the latest edition of “Greenbook” Standard Specifications for Public Works Construction for structure backfill. “Non-expansive” can be defined as soil having an expansion index (EI) of 20 or less in accordance with ASTM International (ASTM) Test Method D 4829 (CBC, 2019).
Import material, if needed, should consist of clean, non-expansive, granular material, which conforms to the “Greenbook” for structure backfill. Soil should also be tested for corrosive properties prior to importing. We recommend that the imported materials satisfy the Caltrans (2018) criteria for non-corrosive soils (i.e., soils having a chloride concentration of 500 parts per million [ppm] or less, a soluble sulfate content of approximately 0.15 percent [1,500 ppm] or less, a pH value of 5.5 or more and an electrical resistivity of 1,100 ohm-centimeter [ohm-cm] or more). Import material should be submitted to Ninyo & Moore for review prior to importing to the site. The contractor should be responsible for the uniformity of import material brought to the site
10.1.8 Fill Placement and Compaction
Fill soils placed should be compacted in horizontal lifts to a relative compaction of 90 percent or more as evaluated by ASTM D 1557. The lift thickness for fill soils will vary depending on the type of compaction equipment used but should generally be placed in horizontal lifts not exceeding 8 inches in loose thickness. Fill soils should be placed at slightly above the optimum moisture content as evaluated by ASTM D 1557. Special care should be taken to avoid damage to utility lines and foundations when compacting fill and subgrade materials.
10.1.9 Slopes
We recommend that cut slopes and new fill slopes be constructed at slope ratios of 2:1 (horizontal to vertical) or flatter. Slopes constructed at 2:1 (horizontal to vertical) or flatter are anticipated to be stable. New fill slopes should be constructed with a keyway that is approximately 15 feet wide and should extend two feet or more into competent native material (Figure 7). Compaction of fill slopes should be performed to achieve the recommended degree of compaction to the face of the slope. This may be achieved by over-building the slope face and cutting it back to the planned finish grade. Alternatively, sheepsfoot rollers and track walking the slope may be performed for compacting slopes. 1022
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 14
10.2 Seismic Design Considerations
Design of the proposed improvements should be performed in accordance with the requirements of governing jurisdictions and applicable building codes. Table 2 presents the seismic design parameters for the site in accordance with the CBC (2019) guidelines and adjusted MCER spectral response acceleration parameters (SEAOC/OSHPD, 2019).
Table 2 – 2019 California Building Code Seismic Design Criteria Site Coefficients and Spectral Response Acceleration Parameters Values Site Class C
Site Coefficient, Fa 1.2
Site Coefficient, Fv 1.4
Mapped Spectral Response Acceleration at 0.2-second Period, Ss 1.639g Mapped Spectral Response Acceleration at 1.0-second Period, S1 0.611g Spectral Response Acceleration at 0.2-second Period Adjusted for Site Class, SMS 1.967g Spectral Response Acceleration at 1.0-second Period Adjusted for Site Class, SM1 0.856 Design Spectral Response Acceleration at 0.2-second Period, SDS 1.311g Design Spectral Response Acceleration at 1.0-second Period, SD1 0.571 Site-Specific Maximum Considered Earthquake Geometric Mean (MCEG) Peak Ground Acceleration, PGAM
0.86g
10.3 Foundations
The proposed community center building and other structures may be supported on shallow foundations such as spread footings bearing on engineered fill material compacted in accordance with the recommendations presented in the Earthwork section of this report. Foundations should be designed in accordance with structural considerations and the following recommendations. In addition, requirements of the appropriate governing jurisdictions and applicable building codes should be considered in the design of the structure.
10.3.1 Spread Footings
The proposed structures may be supported on a spread footings bearing on compacted fill.
The continuous footing should have a width of 2 feet, or more, and be founded at a depth of 2 feet below the adjacent finished grade. The continuous footings should be reinforced with two No. 4 steel reinforcing bars, one placed near the top and one placed near the bottom of the footings, and further detailed in accordance with the recommendations of the structural engineer.
Spread footings, as described above and bearing on compacted fill, may be designed using a net allowable bearing capacity of 3,000 psf. The net allowable bearing capacity may be increased by 500 and 1,000 psf for every additional foot of width and depth, respectively, up to a value of 4,000 psf. Total and differential settlements for the footing designed in 1023
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 15 accordance with the above recommendations are estimated to be on the order of 1 inch and ½ inch over a horizontal span of 40 feet, respectively.
The footing bearing in compacted granular fill may be designed using a coefficient of friction of 0.35, where the total frictional resistance equals the coefficient of friction times the dead load. The footing may be designed using a passive resistance value of 350 psf per foot of depth up to a value of 3,500 psf. The allowable lateral resistance can be taken as the sum of the frictional resistance and passive resistance, provided the passive resistance does not exceed one-half of the total allowable resistance. The net allowable bearing capacity and passive resistance may be increased by one-third when considering loads of short duration such as wind or seismic forces.
10.3.2 Cast in Drilled Hole (CIDH) Piles
Light poles and pier foundations for shade structures and awnings typically impose relatively light axial loads on cast in drilled hole (CIDH) pile foundations and the pile dimensions will generally be controlled by the lateral load demand. Based our geotechnical engineering analyses, we recommend that the CIDH piles have a diameter of 16 inches or more and an embedment depth of 10 feet or more. We recommend that CIDH piles be designed for an allowable skin friction of 250 psf for downward axial loads. In addition, an allowable soil lateral bearing pressure of 200 psf per foot of depth can be used for evaluating the lateral pile capacity. Due to the soil arching effect, the lateral bearing pressure may increase to twice of the value. The allowable bearing values may be increased by one-third when considering loading of short duration such as wind or seismic forces. The pile dimensions (i.e., diameter and embedment) should be evaluated by the project structural engineer.
CIDH piles should be designed to derive support from side friction. The bottoms of the drilled holes should be cleaned of loose materials prior to placing steel and pouring concrete. Piles should be installed within specified limits of vertical and horizontal alignment and should not exceed a batter of two percent over the length. Further, the top of the piles should be within 3 inches of the surveyed location.
10.4 Retaining Walls
Retaining walls may be supported by spread footings founded in compacted fill using the design parameters in Section 10.3.1. Recommendations for lateral earth pressures to be used in design of the yielding and restrained retaining walls are provided on Figures 8 and 9, respectively. Lateral soil resistance may be obtained using a passive pressure of 350 pounds per square foot per foot of depth for level backfill conditions. The passive value may be increased by one-third when 1024
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 16 considering loads of short duration, including wind and seismic loads. Further, for sliding resistance, a friction coefficient of 0.35 may be used for the concrete and soil interface. The allowable resistance may be taken as the sum of the frictional and passive resistance provided that the passive portion does not exceed one-half of the total allowable resistance.
Retaining walls should be backfilled with granular, low expansion potential soil. Measures should be taken to reduce the potential for build-up of moisture behind the retaining walls. Drainage design should include free-draining backfill materials and perforated drains as described on Figure 10.
10.5 Hardscape
We recommend that new exterior concrete sidewalks and flatwork (hardscape) have a minimum thickness of 4 inches and be reinforced with No. 4 steel reinforcing bars placed 24 inches oncenter (each way) near the mid-height of the slab. The hardscape should be underlain by 4 inches of granular material such as Crushed Aggregate Base or Crushed Miscellaneous Base and installed with crack-control joints at an appropriate spacing as designed by the structural engineer to reduce the potential for shrinkage cracking. Positive drainage should be established and maintained adjacent to flatwork. To reduce the potential for differential offset, joints between the new hardscape and adjacent curbs, existing hardscape, building walls, and/or other structures, and between sections of new hardscape, should be doweled.
10.6 Underground Utilities
We anticipate that utility pipelines will be supported on future compacted fill, alluvium or deeper bedrock. The depths of the pipelines are not known; however, we anticipate that the pipe invert depths will not exceed 10 feet.
10.6.1 Pipe Bedding
We recommend that bedding material be placed around pipe zones 1 foot or more above the top of the pipe. The bedding material should be classified as sand, should be free of organic material, and have a sand equivalent of 30 or more. We do not recommend gravel be used for bedding material because of the silty nature of the subsurface material. It has been our experience that the voids within gravel material are sufficiently large to allow fines to migrate into the voids, thereby creating the potential for sinkholes and depressions to develop at the ground surface. Where soft, wet soil conditions are encountered the trench excavation should be excavated approximately 1 foot or more below the pipe invert and should be backfilled with gravel wrapped in filter fabric.
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Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 17 Special care should be taken not to allow voids beneath and around the pipe. Compaction of the bedding material and backfill should proceed uniformly up both sides of the pipe. Trench backfill, including bedding material, should be placed in accordance with the recommendations presented in the preceding section.
10.6.2 Trench Backfill
Based on our subsurface evaluation, the on-site soils should generally be suitable for re-use as trench backfill provided they are free of organic material, clay lumps, debris, and rocks more than approximately 4 inches in diameter. We recommend that trench backfilling be in general conformance with the Standard Specifications for Public Works Construction (“Greenbook”) for structure backfill. Fill should be moisture-conditioned to at or slightly above the laboratory optimum. Wet soils should be allowed to dry to a moisture content near the optimum prior to their placement as trench backfill. Trench backfill should be compacted to a relative compaction of 90 percent as evaluated by ASTM D 1557. Lift thickness for backfill will depend on the type of compaction equipment utilized, but fill should generally be placed in horizontal lifts not exceeding 8 inches in loose thickness. Special care should be exercised to avoid damaging the pipe during compaction of the backfill.
10.6.3 Modulus of Soil Reaction
The modulus of soil reaction is used to characterize the stiffness of soil backfill placed on the sides of buried flexible pipelines for the purpose of evaluating lateral deflection caused by the weight of the backfill above the pipe. We recommend that a modulus of soil reaction of 1,000 pounds per square inch be used for design, provided that granular bedding material is placed adjacent to the pipe, as recommended in this report.
10.7 Preliminary Pavement Design
We anticipate that future new parking lots will include new flexible pavement (AC) and rigid pavement (PCC). Traffic loading information was not available for our design at the time of preparation of this report. For planning purposes, we have assumed traffic index (TI) values of
4.0, 5.0, and 6.0 for the preliminary design of pavement sections. The TIs of 4.0 and 5.0 are generally used for designing pavements that will generally be used as parking stalls and/or driveways subjected to relatively light passenger vehicles and periodic heavy equipment/truck traffic. The TI of 6.0 is generally used for designing pavements for driveway areas that are subjected to relatively light passenger vehicles and more routine heavy equipment/truck traffic.
Laboratory testing was performed on a representative soil sample and indicated an R-value ranging from 13 to 17.
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Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 18 Based on the traffic indices described above, a design R-value of 13, and guidelines of the Caltrans Highway Design Manual (Caltrans, 2015), we have developed the following preliminary pavement sections for the project (Table 3). For the design of PCC pavements, we used the methodology presented in the Navy Pavement Design Manual (1979) assuming a 28-day compressive strength of concrete of 2,500 psi. We recommend that these pavement sections be re-evaluated once project-specific traffic indices are developed and the as-graded near-surface earth materials are further tested.
Table 3 – Preliminary Flexible Pavement Structural Section Traffic Index AC/CAB or CMB (inches) PCC
(inches)
4.0 2.5/6.5 5.5
5.0 3.0/8.5 6.0
6.0 3.5/11.0 7.0
Notes:
AC – Asphalt Concrete
PCC – Portland Cement Concrete, based on 28-day compressive strength of 2,500 psi.
CAB – Crushed Aggregate Base
CMB – Crushed Miscellaneous Base
Subgrade soils in areas to be paved should be prepared as recommended in the Earthwork section of this report. Expansive clayey soils, if encountered during grading, should not be placed within the upper 12 inches of the subgrade to reduce the potential for pavement damage. Crushed aggregate base (CAB) or crushed miscellaneous base (CMB) material should conform to the latest edition of the Standard Specifications for Public Works Construction “Greenbook,” Section 200. The CAB/CMB should be compacted to a relative compaction of 95 percent as evaluated by ASTM D 1557. CAB/CMB should be placed at slightly above the optimum moisture content as evaluated by ASTM D 1557. AC should conform to Section 203 of the Greenbook and should be compacted to a relative compaction of 95 percent. Final pavement sections should be selected based on actual anticipated traffic loading conditions and evaluation of the subgrade materials at the time of construction.
10.8 Corrosivity
Laboratory testing was performed on representative samples of near-surface soil collected from borings B-3 to evaluate soil pH, electrical resistivity, water-soluble chloride content, and watersoluble sulfate content. The soil pH and electrical resistivity tests were performed in general accordance with California Test Method (CT) 643. The chloride content test was performed in general accordance with CT 422. Sulfate testing was performed in general accordance with CT 417. The laboratory test results are presented in Appendix B. 1027
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 19 The soil pH was approximately 6.7 and the electrical resistivity was approximately 2,362 ohm-cm.
The chloride content of the sample was approximately 30 ppm. The sulfate content of the tested sample was approximately 0.001 percent (i.e., 10 ppm). Based on the laboratory test results and Caltrans (2018) corrosion criteria, the project site can be classified as a non-corrosive site, which is defined as having earth materials with less than 500 ppm chlorides, less than 0.15 percent sulfates (i.e., 1,500 ppm), a pH of 5.5 or more, and an electrical resistivity of 1,100 ohm-cm or more.
10.9 Concrete Placement
Concrete in contact with soil or water that contains high concentrations of water-soluble sulfates can be subject to premature chemical and/or physical deterioration. The sample tested during this evaluation indicated a water-soluble sulfate content of approximately 0.001 percent by weight (i.e., 0 ppm). Based on the American Concrete Institute (ACI) 318-14 criteria 318-14 (ACI, 2016), the potential for sulfate attack is considered negligible for water-soluble sulfate contents in soils of less than 0.1 percent by weight (1,000 ppm), moderate for water-soluble sulfate contents in soils between 0.1 and 0.2 percent by weight (1,000 to 2,000 ppm), and severe for water-soluble sulfate contents in soils between 0.2 and 2 percent by weight (2,000 to 20,000 ppm). Accordingly, the on-site soils are considered to have a negligible potential for sulfate attack. Per the ACI 318- 14 criteria (ACI, 2016), Type II cement is considered to be appropriate for the project. Due to the potential variability in soil conditions across the site, Type V cement with a water/cement ratio of
0.45 or less may be considered for the project.
In order to reduce the potential for shrinkage cracks in the concrete during curing, we recommend that the concrete for the proposed structures be placed with a slump of 4 inches based on ASTM C 143. The slump should be checked periodically at the site prior to concrete placement.
We also recommend that crack control joints be provided in sidewalks and exterior hardscape in accordance with the recommendations of the structural engineer to reduce the potential for distress due to minor soil movement and concrete shrinkage. The structural engineer should be consulted for additional concrete specifications.
10.10 Drainage
Good surface drainage is imperative for satisfactory site performance. Positive drainage should be provided and maintained to channel surface water off the pavement, away from foundations and off-site. Positive drainage is defined as a slope of 2 percent or more for a distance of 5 feet or more away from foundations and tops of slopes. Runoff should then be transported by the use of swales or pipes into a collective drainage system and discharged to suitable facilities. Surface 1028
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 20 waters should not be allowed to pond adjacent to footings or on pavements. Concentrated runoff should not be allowed to flow over asphalt pavement as this can result in early deterioration of the pavement. Area drains for landscaped and paved areas are recommended.
As described in Section 8.7, the park is adjacent to natural slopes that descend to the site. The natural slopes may experience erosion during significant rainfall events. Appropriate drainage improvements should be incorporated into the project plans to accommodate offsite water that flows into the site. Routine maintenance to remove eroded debris should be anticipated to maintain the functionality of the drainage system.
11 CONSTRUCTION OBSERVATION
The recommendations provided in this report are based on our understanding of the proposed project and on our evaluation of the data collected based on subsurface conditions disclosed by widely spaced exploratory borings. It is imperative that the interpolated subsurface conditions be checked by our representative during construction. Observation and testing of compacted fill and backfill should also be performed by our representative during construction. We further recommend that the project plans and specifications be reviewed by this office prior to construction. In addition, we should review the plans and specifications prior to construction. It should be noted that, upon review of these documents, some recommendations presented in this report might be revised or modified.
During construction, we recommend that the duties of the geotechnical consultant include, but not be limited to:
• Observing site clearing/demolition and removal of foundations. • Observing structure pad overexcavation and other remedial grading bottoms, and the placement and compaction of fill, including trench backfill. • Evaluating imported materials prior to their use as fill. • Performing field tests to evaluate fill compaction.
• Performing field tests to evaluate pavement subgrade and AB compaction. • Observing foundation excavations for bearing materials and cleaning prior to placement of reinforcing steel or concrete.
The recommendations provided in this report assume that Ninyo & Moore will be retained as the geotechnical consultant during the construction phase of this project. If another geotechnical consultant is selected, we request that the selected consultant indicate to the City and to our firm 1029
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 21 in writing that our recommendations are understood and that they are in full agreement with our recommendations.
12 LIMITATIONS
The field evaluation, laboratory testing, and geotechnical analyses presented in this geotechnical report have been conducted in general accordance with current practice and the standard of care exercised by geotechnical consultants performing similar tasks in the project area. No warranty, expressed or implied, is made regarding the conclusions, recommendations, and opinions presented in this report. There is no evaluation detailed enough to reveal every subsurface condition. Variations may exist and conditions not observed or described in this report may be encountered during construction. Uncertainties relative to subsurface conditions can be reduced through additional subsurface exploration. Additional subsurface evaluation will be performed upon request. Please also note that our evaluation was limited to assessment of the geotechnical aspects of the project, and did not include evaluation of environmental concerns, or the presence of hazardous materials.
This document is intended to be used only in its entirety. No portion of the document, by itself, is designed to completely represent any aspect of the project described herein. Ninyo & Moore should be contacted if the reader requires additional information or has questions regarding the content, interpretations presented, or completeness of this document.
This report is intended for design purposes only. It does not provide sufficient data to prepare an accurate bid by contractors. It is suggested that the bidders and their geotechnical consultant perform an independent evaluation of the subsurface conditions in the project areas. The independent evaluations may include, but not be limited to, review of other geotechnical reports prepared for the adjacent areas, site reconnaissance, and additional exploration and laboratory testing.
Our conclusions, recommendations, and opinions are based on an analysis of the observed site conditions. If geotechnical conditions different from those described in this report are encountered, our office should be notified, and additional recommendations, if warranted, will be provided upon request. It should be understood that the conditions of a site could change with time as a result of natural processes or the activities of man at the subject site or nearby sites. In addition, changes to the applicable laws, regulations, codes, and standards of practice may occur due to government action or the broadening of knowledge. The findings of this report may, therefore, be invalidated over time, in part or in whole, by changes over which Ninyo & Moore has no control.
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Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 22 This report is intended exclusively for use by the client. Any use or reuse of the findings, conclusions, and/or recommendations of this report by parties other than the client is undertaken at said parties’ sole risk.
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Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 23 13 REFERENCES
Abrahamson, N.A., Silva, W.J., and Kamai, R., 2014, Summary of the ASK14 Ground Motion Relation for Active Crustal Regions. Earthquake Spectra: August 2014, Vol. 30, No. 3, pp. 1025-1055.
American Concrete Institute, 2016, Building Code Requirements for Structural Concrete (ACI 318-14) and Commentary (ACI 318-14).
American Society of Civil Engineers (ASCE), 2016, Minimum Design Loads and Associated Criteria for Building and Other Structures, ASCE Standard 7-16.
Applied Technology Council, 2020, Hazards by Location, https://hazards.atcouncil.org/Bowles, J.E., 1996, Foundation Analysis and Design, Fifth Edition, The McGraw-Hill Companies, Inc
ASTM International (ASTM), 2015, Annual Book of ASTM Standards, West Conshohocken, Pennsylvania.
Boore, D.M., Stewart, J.P., Seyhan, E., and Atkinson, G.M., 2014, NGA-West2 Equations for Predicting PGA, PGV, and 5% Damped PSA for Shallow Crustal Earthquakes. Earthquake Spectra: August 2014, Vol. 30, No. 3, pp. 1057-1085.
Bowles, J.E., 1996, Foundation Analysis and Design, Fifth Edition, The McGraw-Hill Companies, Inc.
California Building Standards Commission, 2019, California Building Code: California Code of Regulations, Title 24, Part 2, Volumes 1 and 2, based on the 2018 International Building Code.
California Department of Conservation, Division of Mines and Geology, State of California, 2007, Seismic Hazard Zones Preliminary Map, Murrieta Quadrangle, 7.5- Minute Series: Scale 1:24,000, dated April 19.
California Department of Transportation, 2015, Highway Design Manual, dated July 1.
California Department of Transportation, 2018, Corrosion Guidelines, Version 3.0, Division of Engineering Services, Materials Engineering and Testing Services, Corrosion Technology Branch, dated November..
California Geological Survey, 2007, Seismic Hazard Zones, Murrieta Quadrangle, Preliminary Map, Released April 19.
California Geological Survey, 2008, Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication 117A, dated September 11.
Campbell, K.W., and Bozorgnia, Y., 2014, NGA-West Ground Motion Model for the Average Horizontal Components of PGA, PGV, and 5% Damped Linear Acceleration Response Spectra, Earthquake Spectra Volume 30, Issue 3, pp. 1087-1115, dated August.
Chiou, B. S.-J., and Youngs, R.R., 2014, Update of the Chiou and Young’s NGA Model for the Average Horizontal Component of Peak Ground Motion and Response Spectra, Earthquake Spectra Volume 30, Issue 3, pp. 1117-1153, dated August.
Earthquake Engineering Research Institute (EERI), 2008, Soil Liquefaction during Earthquakes, by I.M. Idriss and R.W. Boulanger, MNO-12.
1032
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 24 Federal Emergency Management Agency, 2008, Flood Insurance Rate Map, Riverside County, California and Incorporated Areas, Panel 2705, Map Number 06065C2705G, dated August 28.
GeoTracker, 2020, www.geotracker.waterboards.ca.gov.
Google Earth, 2021, Website: http://earth.google.com.
Harden, D.R., 1998, California Geology: Prentice Hall, Inc.
Hart, E.W., and Bryant, W.A., 2007, Fault-Rupture Hazard Zones in California, Alquist-Priolo Earthquake Fault Zoning Act with Index to Earthquake Fault Zones Maps: California Department of Conservation, California Geological Survey, Special Publication 42, with Supplement 1 added in 2012, Supplement 2 added in 2014, Supplement 3 added in 2015, and Supplement 4 added in 2016.
Historical Aerials, 2021, www.historicaerials.com.
Jennings, C.W., and Bryant, W.A., 2010, Fault Activity Map: California Geological Survey, California Geologic Data Map Series, Map No. 6, Scale 1:750,000.
Morton, D.M., 2003, Geologic Map of the Murrieta 7.5’ Quadrangle, Riverside County, California, Version 1.0: United States Geological Survey, Open-File Report 03-189, Scale 1:24,000.
Morton, D.M., 2006, Geologic Map of the San Bernardino and Santa Ana 30’x 60’ Quadrangle, Southern California, Version 1.0: United States Geological Survey, Open-File Report 2006-1217, Scale 1:100,000.
Naval Facilities Engineering Command (NAVFAC), 1979, Pavement Design Manual, D.M. 5.4, dated October
Ninyo & Moore, 2019, Proposal for Geotechnical Consulting Services, 27-Acre Park Design Project, Northwest of the Intersection of La Estrella Street and Porras Road, Wildomar, California, Proposal No. 04-02414, dated May 21.
Norris, R.M., and Webb, R.W., 1990, Geology of California, Second Edition: John Wiley & Sons.
Riverside County, 2011, Low Impact Development BMP Design Handbook, revised in September.
Riverside County, 2019, Riverside County Mapping Portal, https://gisopendatacountyofriverside.opendata.arcgis.com/ RRM Design Group, 2021, 27 Acre Park, Geotechnical Map Exhibit, dated January.
Seyhan, E, 2014, Weighted Average 2014 NGA West-2 GMPE, Pacific Earthquake Engineering Research Center.
State of California, 1990, Special Studies Zones, Murrieta Quadrangle, 7.5 Minute Series: Scale 1:24,000, dated January 1.
State of California, State Water Resources Control Board, 2020, GeoTracker Database System, http://geotracker.swrcb.ca.gov/.
Structural Engineers Association of California/Office of Statewide Health Planning and Development, 2019b, Seismic Design Maps, https://seismicmaps.org/. 1033
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | March 26, 2021 25 Tokimatsu, K., and Seed, H.B., 1987, Evaluation of Settlements in Sands Due to Earthquake Shaking, Journal of Geotechnical Engineering, American Society of Civil Engineers, 113(8), 861-878.
United States Department of the Interior, Bureau of Reclamation, 1989, Engineering Geology Field Manual.
United States Geological Survey and Southern California Earthquake Center, 2019, Open Seismic Hazard Analysis, http://www.opensha.org/.
United States Geological Survey, 2008, National Seismic Hazard Maps – Fault Parameters; https://earthquake.usgs.gov/cfusion/hazfaults_2008_search/query_main.cfm.
United States Geological Survey, 2018, Murrieta, California Quadrangle Map, 7.5 Minute Series:
Scale 1:24,000.
United States Geological Survey, 2019, Earthquake Hazards Program, Unified Hazard Tool, https://earthquake.usgs.gov/hazards/interactive/
United States Geological Survey, 2021a, 2008 National Seismic Hazard Maps- Source Parameters,
https://earthquake.usgs.gov/cfusion/hazfaults_2008_search/query_main.cfm.
United states Geological Survey, 2021b, Quaternary Fault and Fold Database of the United States, https://www.usgs.gov/natural-hazards/earthquake-hazards/hazards, accessed January 26.
Youd, T.L., Idriss, I.M., Andrus, R.D., Arango, I., Castro, G., Christian, J.T., Dobry, R., Finn, W.D., Harder, L.F., Hynes, M.E., Ishihara, K., Koester, J.P., Liao, S.S.C., Marcuson, W.F., Martin, G.R., Mitchell, J.K., Moriwaki, Y., Power, M.S., Robertson, P.K., Seed, R.B., and Stokoe, K.H., II., 2001, Liquefaction Resistance of Soils: Summary Report from the 1996 NCEER and 1998 NCEER/NSF Workshops on Evaluation of Liquefaction Resistance of Soils, Journal of Geotechnical and Geoenvironmental Engineering: American Society of Civil Engineering 124(10), pp. 817-833
1034
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | April 2, 2020 Appendix A
Photographic Documentation
FIGURES
1035
SITE
Geotechnical & Environmental Sciences Consultants 211578001_SL.dwg 03/25/2021 JDP
SITE LOCATION
FIGURE 1
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: USGS, 2018. 0 FEET 2,000 4,000
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
N
1036
B-4
TD=15.9 B-5
TD=16.0 B-7
TD=16.25 B-3
TD=30.3 B-2
TD=16.0 B-9
TD=15.4 B-8
TD=16.5 B-6
TD=16.3 B-1
TD=16.5 P-4
TD=5.0 P-3
TD=5.0 P-2
TD=5.0 P-1
TD=5.0 WILDOMAR TRAIL
LA ESTRELLA STREET
BIORETENTION BASIN OR
STORMWATER INFILTRATION
CHAMBERS
RESTROOMS
PICKLEBALL/VOLLEYBALL
COURTS
FIRESTATION WITH
PARKING LOT
BICYCLE PUMP
TRACK
COMMUNITY CENTER
WITH AMPHITHEATER
SHADE
STRUCTURE
BIORETENTION
BASIN OR
STORMWATER
INFILTRATION
CHAMBERS
Geotechnical & Environmental Sciences Consultants
BORING AND PERCOLATION TEST LOCATIONS
0 FEET 211578001_BPTL.dwg 03/25/2021 JDP
FIGURE 2
0 300 600
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
N NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: RRM DESIGN GROUP, 2021.
B-9
TD=15.4 LEGEND
BORING;
TD=TOTAL DEPTH IN FEET
PERCOLATION TEST;
TD=TOTAL DEPTH IN FEET
P-4
TD=5.0 SITE BOUNDARY
1037
B-5
TD=16.0 B-9
TD=15.4 B-8
TD=16.5 B-6
TD=16.3 B-1
TD=16.5 P-4
TD=5.0 P-3
TD=5.0 P-2
TD=5.0
TD=5.0 WILDOMAR TRAIL
LA ESTRELLA STREET
Kpvg
Kpvg
Qya
Qps
?
?
B-4
TD=15.9 Qps
Qps
Kpvg Kpvg
Kpvg
Qya
Qps
Qaf
Qya
B-3
TD=30.3 B-2
TD=16.0 B-7
TD=16.25 P-1Kpvg
Geotechnical & Environmental Sciences Consultants
SITE GEOLOGY
0 FEET 211578001_SG.dwg 03/25/2021 JDP
FIGURE 3
0 300 600
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
N NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: RRM DESIGN GROUP, 2021.
B-9
TD=15.4 LEGEND
BORING;
TD=TOTAL DEPTH IN FEET
PERCOLATION TEST;
TD=TOTAL DEPTH IN FEET
P-4
TD=5.0 ARTIFICIAL FILL
Qya
? GEOLOGIC CONTACT; QUERIED
WHERE INFERRED
YOUNG ALLUVIAL DEPOSITS
PAUBA FORMATION;
SANDSTONE MEMBER
PALOMA VALLEY RING COMPLEX;
MONZOGRANITE TO GRANODIORITE
Qps
Kpvg
SITE BOUNDARY
Qaf
1038
SITE
Kpvp
Kpvg
QTws
Kpvg
Kpvp
Qps 211578001_RG.dwg 03/25/2021 JDP
REGIONAL GEOLOGY
0 FEET 1,000 2,000
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
LEGEND
Qps
Kpvp PEGMATITE DIKES
Kpvg GEOLOGIC CONTACT
QTws
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: MORTON AND MILLER, 2006.
FAULT
N FIGURE 4
PAUBA FORMATION;
SANDSTONE MEMBER
PALOMA VALLEY RING COMPLEX;
MONZOGRANITE TO GRANODIORITE
SANDSTONE MEMBER OF THE
WILDOMAR AREA (UNNAMED)
1039
!
!
!
!
!
!
! !
!
FA
NEWPORT-INGLEWOOD-ROSE CANYON
FAULT ZONE
BA
CHINO - CENTRAL
AVENUE FAULT
BEAUMONT
PLAIN
!!
CRISTIANITOS
FAULT
SHADY CANYON
FAULT
MISSION VIEJO FAULT
TEMPLE HILL
FAULT
LLS
ELSINORE
FAULT ZONE
SAN JACINTO
FAULT
ZONE
FAULT
ZONE
SA
FA
N GORGONIO
ULT ZONE
CRAFTON HILLS
FAULT ZONE
SAN ANDREAS FAULT ZONE
ELSINORE
FAULT
ZONE
S
M
P
U
R
R
I
R
N
I
G
ETTA HOT
S FAULT
AGUA TIBIA MOUNTAIN
FAULT ZONE
¨¦§10
¨¦§15
UV60
UV91
UV71
¨¦§5
¨¦§91
¨¦§215
y
Riverside
County
Orange
County
San Diego
County
San Clemente
Riverside
Banning
Perris
Hemet
Elsinore
Ontario Redlands
Oceanside
LEGEND
HOLOCENE ACTIVE
CALIFORNIA FAULT ACTIVITY
HISTORICALLY ACTIVE
LATE QUATERNARY
(POTENTIALLY ACTIVE) STATE/COUNTY BOUNDARY
QUATERNARY
(POTENTIALLY ACTIVE)
Pacific
Ocean
QUATERNARY
(INACTIVE)
SITE
211578001_FL.mxd 3/25/2021 JDL
NOTE: DIRECTIONS, DIMENSIONS AND LOCATIONS ARE APPROXIMATE.
FAULT LOCATIONS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
o
! 0 816
MILES
"
FIGURE 5
SOURCES: CALIFORNIA DIVISION OF MINES AND GEOLOGY, 1976,
ENVIRONMENTAL GEOLOGY OF ORANGE COUNTY, CALIFORNIA,
OPEN FILE REPORT 79-8.; JENNINGS, C.W., AND BRYANT,
2010, FAULT ACTIVITY MAP OF CALIFORNIA; ESRI SHADED RELIEF, 2017
CALIFORNIA
1040
SITE 211578001_SHZ.dwg 03/25/2021 JDP
SEISMIC HAZARD ZONES
NOTE: DIMENSIONS, DIRECTIONS AND LOCATIONS ARE APPROXIMATE. I REFERENCE: CGS, 2007. 0 FEET 1,000 2,000
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
LIQUEFACTION
EARTHQUAKE-INDUCED LANDSLIDES LEGEND
Areas where historic occurrence of liquefaction, or local geological, geotechnical and groundwater conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required.
Areas where previous occurrence of landslide movement, or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacements such that mitigation as defined in Public Resources Code Section 2693(c) would be required. N FIGURE 6
1041
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
KEYING AND BENCHING DETAIL
NOT TO SCALE
NON-PERFORATED OUTLET PIPE
T-CONNECTION DETAIL
2% OR MORE
12 INCHES OR MORE
SUBDRAIN DETAIL
CAP
4 INCHES OR MORE
1 GEOFABRIC
1 2% MIN.
OUTLET PIPE
NATURAL GROUND
2% MIN.
NOTE: AS AN ALTERNATIVE, AN APPROVED GEOCOMPOSITE DRAIN SYSTEM MAY BE USED.
NON-PERFORATED
OUTLET PIPE
PERFORATED PIPE SLOPED
AT 1% OR MORE TOWARD
OUTLET PIPE
10 FEET
OR MORE
EACH SIDE
PERFORATED PIPE, 4 INCHES OR LARGER
SCHEDULE 40 PVC OR EQUAL WITH
CRUSH STRENGTH OF 1000 PSI OR MORE
INSTALLED WITH PERFORATIONS DOWN.
3/4-INCH OPEN-GRADED GRAVEL
WRAPPED IN AN APPROVED GEOFABRIC
T-CONNECTION
(SEE DETAIL)
15' MIN.
LOWEST BENCH
(KEY) 2' MIN. KEY
DEPTH
1 TO 1 MAXIMUM FROM
TOE OF SLOPE TO
APPROVED GROUND
4' MIN.
BENCH
(HORIZONTAL TO
SLIGHTLY
INCLINED INTO
SLOPE)
VERTICAL BENCH
HEIGHT VARIES
REMOVE
UNSUITABLE
MATERIAL
COMPACTED
FILL
FIGURE 7 211578001_KB.dwg 03/25/2021 JDP
1042
211578001_YRW1.dwg 03/26/2021 JDP
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
LATERAL EARTH PRESSURES FOR
YIELDING RETAINING WALLS
aP pP
D
FINISHED GRADE
BACKFILL
H/3
D/3
1. 2.
3. 7.
RECOMMENDED GEOTECHNICAL DESIGN PARAMETERS
Equivalent Fluid Pressure (lb/ft /ft) 2 (1)
(2) (2) PaPp 350D 150D
37H 57H
Level Ground 2H:1V Descending Ground
8. SETBACK
2 1
6. NOTES:
NOT TO SCALE
4. 5. E
H
EP
H/3
+
PE 20H 20H
RESULTANT
RESULTANT
RETAINING
WALL
PASSIVE
PRESSURE
DYNAMIC
PRESSURE
ACTIVE
PRESSURE
RESULTANT
ASSUMES NO HYDROSTATIC PRESSURE BUILD-UP
BEHIND THE RETAINING WALL
STRUCTURAL, GRANULAR BACKFILL MATERIALS
AS SPECIFIED IN GREENBOOK SHOULD BE USED
FOR RETAINING WALL BACKFILL
DRAINS AS RECOMMENDED IN THE RETAINING
WALL DRAINAGE DETAIL SHOULD BE INSTALLED
BEHIND THE RETAINING WALL
DYNAMIC LATERAL EARTH PRESSURE IS
BASED ON A MAPPED DESIGN PEAK GROUND
ACCELERATION OF 0.58 g
P IS CALCULATED IN ACCORDANCE WITH THE
RECOMMENDATIONS OF MONONOBE AND MATSUO
(1929), AND ATIK AND SITAR (2010)
SURCHARGE PRESSURES CAUSED BY VEHICLES
OR NEARBY STRUCTURES ARE NOT INCLUDED
H AND D ARE IN FEET
SETBACK SHOULD BE IN ACCORDANCE WITH
FIGURE 1808.7.1 OF THE CBC (2019)
2H:1V Sloping Backfill
with Granular Soils
Level Backfill with
Granular Soils
Lateral
Earth
Pressure
FIGURE 8
1043
211578001_LEP-RRW.dwg 03/26/2021 JDP
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
H
oP PP
D
FINISHED GRADE
BACKFILL
H/3
D/3
RECOMMENDED GEOTECHNICAL DESIGN PARAMETERS
Equivalent Fluid Pressure (lb/ft /ft) 2 (1)
(2) (2) POPP 350D 150D
57H 88H
Level Ground 2H:1V Descending Ground
SLAB
RETAINING
WALL
1. 2.
3. 5.
4. NOTES: NOT TO SCALE
LATERAL EARTH PRESSURES FOR
RESTRAINED RETAINING WALLS
Level Backfill with
Granular Soils
2H:1V Sloping Backfill
with Granular Soils
AT-REST
PRESSURE
PASSIVE
PRESSURE
ASSUMES NO HYDROSTATIC PRESSURE
BUILD-UP BEHIND THE RETAINING WALL
STRUCTURAL, GRANULAR BACKFILL MATERIALS
AS SPECIFIED IN GREENBOOK SHOULD BE USED
FOR RETAINING WALL BACKFILL
DRAINS AS RECOMMENDED IN THE RETAINING
WALL DRAINAGE DETAIL SHOULD BE
INSTALLED BEHIND THE RETAINING WALL
SURCHARGE PRESSURES CAUSED BY VEHICLES
OR NEARBY STRUCTURES ARE NOT INCLUDED
H AND D ARE IN FEET
Lateral
Earth
Pressure
RESULTANT
RESULTANT
FIGURE 9
1044
211578001_RWDD2.dwg 03/25/2021 JDP
Geotechnical & Environmental Sciences Consultants
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 I 3/21
RETAINING WALL DRAINAGE DETAIL
3 INCHES
WALL FOOTING
FINISHED GRADE
RETAINING WALL
12 INCHES
6 INCHES OR MORE
12 INCHES VARIES
GEOFABRIC
*BASED ON ASTM D1557
NOT TO SCALE
SOIL BACKFILL COMPACTED TO 90%
RELATIVE COMPACTION *
4-INCH-DIAMETER PERFORATED SCHEDULE
40 PVC PIPE OR EQUIVALENT INSTALLED
WITH PERFORATIONS DOWN; 1% GRADIENT
OR MORE TO A SUITABLE OUTLET
3/4-INCH OPEN-GRADED GRAVEL WRAPPED
IN AN APPROVED GEOFABRIC.
FIGURE 10
1045
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | April 2, 2020
3. Description
3. Description
3. Description
APPENDIX A
Boring Logs
1046
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | April 2, 2020
APPENDIX A
BORING LOGS
Field Procedure for the Collection of Disturbed Samples Disturbed soil samples were obtained in the field using the following method.
Bulk Samples
Bulk samples of representative earth materials were obtained from the exploratory borings and test pit. The samples were bagged and transported to the laboratory for testing.
The Standard Penetration Test (SPT) Sampler
Disturbed drive samples of earth materials were obtained by means of a Standard Penetration Test sampler. The sampler is composed of a split barrel with an external diameter of 2 inches and an unlined internal diameter of 1-3/8 inches. The sampler was driven into the ground 18 inches with a 140-pound hammer free-falling from a height of 30 inches in general accordance with ASTM D 1586. The blow counts were recorded for every 6 inches of penetration; the blow counts reported on the logs are those for the last 12 inches of penetration. Soil samples were observed and removed from the sampler, bagged, sealed and transported to the laboratory for testing.
Field Procedure for the Collection of Relatively Undisturbed Samples Relatively undisturbed soil samples were obtained in the field using the following method.
The Modified Split-Barrel Drive Sampler
The sampler, with an external diameter of 3 inches, was lined with 1-inch-long, thin brass rings with inside diameters of approximately 2.4 inches. The sample barrel was driven into the ground with the weight of a hammer of the drill rig in general accordance with ASTM D 3550. The driving weight was permitted to fall freely. The approximate length of the fall, the weight of the hammer, and the number of blows per foot of driving are presented on the boring logs as an index to the relative resistance of the materials sampled. The samples were removed from the sample barrel in the brass rings, sealed, and transported to the laboratory for testing.
1047
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SYMBOL
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more than
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coarse
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CLEAN GRAVEL
OHVVWKDQ¿QHV
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GP poorly graded GRAVEL
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more than
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above “A”-line) organic CLAY
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9HU\6WLႇ 16 - 30 21 - 39 11 - 20 14 - 26
Hard > 30 > 39 > 20 > 26
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10 7
4 20
30 40
50 60
70 0 20 30 40 50 60 70 80 90 100
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Boulders > 12” > 12” Larger than
basketball-sized
Cobbles 3 - 12” 3 - 12” Fist-sized to
basketball-sized
Gravel
Coarse 3/4 - 3” 3/4 - 3” Thumb-sized to
¿VWVL]HG
Fine #4 - 3/4” 0.19 - 0.75” Pea-sized to
thumb-sized
Sand
Coarse #10 - #4 0.079 - 0.19” Rock-salt-sized to
pea-sized
Medium #40 - #10 0.017 - 0.079” Sugar-sized to
rock-salt-sized
Fine #200 - #40 0.0029 -
0.017”
Flour-sized to
sugar-sized
Fines Passing
#200 < 0.0029” Flour-sized and smaller
&+RU2+
&/RU2/
1049
0 10
20 30
40 12
6 8
2.9 7.4
109.2
106.6
SC
SP-SM
CL
ALLUVIUM:
Brown, moist, loose, clayey SAND. Light brown, moist, medium dense, poorly graded SAND. Light brown, moist, stiff, lean CLAY. Brown to reddish brown. Total Depth = 16.5 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 1
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-1
GROUND ELEVATION 1,400' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1050
0 10
20 30
40 47
79 50/6"
16.3 5.7
102.9
117.7
PALOMA VALLEY RING COMPLEX:
Brown, moist, very soft GRANODIORITE; heavily weathered to a clayey sand. Grades to gray; moderately soft; weathered; iron oxidation staining; calcium carbonate. Decrease in calcium carbonated. Total Depth = 16 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 2
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-2
GROUND ELEVATION 1,430' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1051
0 10
20 30
40 50/6" 50/6" 50/5" 50/6" 50/6" 88/10"5.8
6.3 113.7
120.1
PALOMA VALLEY RING COMPLEX:
Brown to reddish brown, moist, very soft, GRANODIORITE; heavily weathered to a clayey sand. Grades to reddish yellow; soft; weathered; iron oxidation staining. Light gray; decrease in iron oxidation.
Light gray; weathered. Dark gray. Total Depth = 31.3 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents. FIGURE A- 3 27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-3
GROUND ELEVATION 1,435' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1052
0 10
20 30
40 77
58 50/5"
8.6 7.6
118.5
117.7
PAUBA FORMATION:
Red to reddish brown, moist, weakly cemented, very soft, clayey SANDSTONE; heavily weathered to clayey sand. Grades to weathered; soft. PALOMA VALLEY RING COMPLEX:
Gray, moist, moderately soft, GRANODIORITE; decomposed to weathered. Weathered; iron oxidation. Total Depth = 15.9 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 4
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-4
GROUND ELEVATION 1,450' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1053
0 10
20 30
40 78/11" 55
50/6"
4.9 8.4
129.9
116.5
PALOMA VALLEY RING COMPLEX:
Brown to dark brown, moist, very soft, GRANODIORITE; heavily weathered to clayey sand. Grades to gray; soft; weathered; iron oxidation staining. Decrease in iron oxidation. Total Depth = 16 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 5
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-5
GROUND ELEVATION 1,465' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1054
0 10
20 30
40 50/4" 50/5" 86/10"10.1
8.8 115.3
128.8
PAUBA FORMATION:
Dark brown to reddish gray, moist, very soft, clayey SANDSTONE; heavily weathered to clayey sand. Grades to weathered; soft. PALOMA VALLEY RING COMPLEX:
Light gray, moist, soft, GRANODIORITE; weathered; iron oxidation staining. Total Depth = 16.3 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 6
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-6
GROUND ELEVATION 1,415' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1055
0 10
20 30
40 34
87 90/9"
11.6 8.0
113.8
121.2
PAUBA FORMATION:
Brown, moist, weakly cemented, very soft, clayey SANDSTONE decomposed to heavily weathered to clayey sand. PALOMA VALLEY RING COMPLEX:
Light gray to white, moist, soft, GRANITIC ROCK; decomposed to weathered.
Iron oxidation staining. Total Depth = 16.25 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 7
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-7
GROUND ELEVATION 1,440' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1056
0 10
20 30
40 25
16 20
4.0 8.1
114.9
104.2
SC ALLUVIUM:
Brown to dark brown, moist, medium dense, clayey SAND; trace gravel.
Increase in clay content. Total Depth = 16.5 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 8
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-8
GROUND ELEVATION 1,420' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1057
0 10
20 30
40 91/9" 50/4" 50/3" 50/2"7.2 105.5
SC PAUBA FORMATION:
Brown to reddish brown, moist, weakly cemented, very soft, clayey SANDSTONE; heavily weathered to a clayey sand. Grades to weathered; soft. Total Depth = 15.4 feet. Groundwater was not encountered during drilling. Backfilled with on-site soils on 2/10/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 9
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. B-9
GROUND ELEVATION 1,425' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1058
0 10
20 30
40 SC ALLUVIUM:
Brown, moist, medium dense, clayey SAND; trace gravel. Light brown to brown. Total Depth = 5 feet. Groundwater was not encountered during drilling.
Installation of 3-inch PVC pipe for percolation testing. On-site percolation test performed on 2/12/21. Backfilled with on-site soils on 2/12/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 10
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. P-1
GROUND ELEVATION 1,400' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1059
0 10
20 30
40 PALOMA VALLEY RING COMPLEX:
Brown, moist, very soft, GRANODIORITE; heavily weathered to clayey sand. Grades to gray; soft; weathered. Total Depth = 5 feet. Groundwater was not encountered during drilling.
Installation of 3-inch PVC pipe for percolation testing. On-site percolation test performed on 2/12/21. Backfilled with on-site soils on 2/12/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 11
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. P-2
GROUND ELEVATION 1,430' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1060
0 10
20 30
40 PAUBA FORMATION:
Brown to reddish brown, moist, weakly cemented, very soft, SANDSTONE with silt; heavily weathered to clayey sand. Grades to reddish yellow; soft. Total Depth = 5 feet. Groundwater was not encountered during drilling.
Installation of 3-inch PVC pipe for percolation testing. On-site percolation test performed on 2/11/21. Backfilled with on-site soils on 2/11/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 12
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. P-3
GROUND ELEVATION 1,425' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1061
0 10
20 30
40 PAUBA FORMATION:
Red to reddish brown, moist, weakly cemented, very soft, SANDSTONE with silt; heavily weathered to clayey sand. Grades to reddish yellow; soft. Total Depth = 5 feet. Groundwater was not encountered during drilling.
Installation of 3-inch PVC pipe for percolation testing. On-site percolation test performed on 2/11/21. Backfilled with on-site soils on 2/11/21. Notes:
Groundwater, though not encountered at the time of drilling, may rise to a higher level due to seasonal variations in precipitation and several other factors as discussed in the report. The ground elevation shown above is an estimation only. It is based on our interpretations of published maps and other documents reviewed for the purposes of this evaluation. It is not sufficiently accurate for preparing construction bids and design documents.
FIGURE A- 12
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21 DEPTH (feet) Bulk SAMPLES Driven BLOWS/FOOT MOISTURE (%) DRY DENSITY (PCF) SYMBOL CLASSIFICATION U.S.C.S.
DESCRIPTION/INTERPRETATION
DATE DRILLED 2/10/21 BORING NO. P-4
GROUND ELEVATION 1,450' ± (MSL) SHEET 1 OF
METHOD OF DRILLING 8" Hollow-Stem Auger (2R Drilling)
DRIVE WEIGHT 140 lbs (Auto. Trip Hammer) DROP 30" SAMPLED BY KMB LOGGED BY KMB REVIEWED BY MRH 1 1062
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | April 2, 2020
APPENDIX B
Laboratory Testing
1063
Ninyo & Moore | 27-Acre Park Design Project, Wildomar, California | 211578001 | April 2, 2020
APPENDIX B
LABORATORY TESTING
Classification
Soils were visually and texturally classified in accordance with the Unified Soil Classification System (USCS) in general accordance with ASTM D 2488. Soil classifications are indicated on the logs of the exploratory borings in Appendix A.
In-Place Moisture and Density Tests
The moisture content and dry density of relatively undisturbed samples obtained from the exploratory borings were evaluated in general accordance with ASTM D 2937. The test results are presented on the logs of the exploratory borings in Appendix A.
Percent Finer than No. 200 Sieve
An evaluation of the percentage of particles finer than the No. 200 sieve in selected soil samples was performed in general accordance with ASTM D 1140. The results of the tests are presented on Figures B1 and B-2.
Atterberg Limits
Tests were performed on selected representative fine-grained soil samples to evaluate the liquid limit, plastic limit, and plasticity index in general accordance with ASTM D 4318. These test results were utilized to evaluate the soil classification in accordance with the Unified Soil Classification System (USCS). The test results and classifications are shown on Figure B-3.
Direct Shear Tests
Direct shear tests were performed on relatively undisturbed and remolded samples in general accordance with ASTM D 3080 to evaluate the shear strength characteristics of the selected materials. The samples were inundated during shearing to represent adverse field conditions. The results are shown on Figures B4 through B-7.
Expansion Index Tests
The expansion index of selected materials was evaluated in general accordance with Uniform Building Code (UBC) Standard No. 18-2 (ASTM D 4829). Specimens were molded under a specified compactive energy at approximately 50 percent saturation (plus or minus 2 percent). The prepared 1-inch thick by 4-inch diameter specimens were loaded with a surcharge of 144 pounds per square foot and were inundated with distilled water. Readings of volumetric swell were made for a period of 24 hours. The results of these tests are presented on Figure B-8.
Proctor Density Tests
The maximum dry density and optimum moisture content of a selected representative soil sample was evaluated using the Modified Proctor method in general accordance with ASTM D 1557. The results of this test are summarized on Figures B-9 and B-10.
Soil Corrosivity Tests
Soil pH, and resistivity tests were performed on a representative sample in general accordance with CT 643. The soluble sulfate and chloride contents of selected samples were evaluated in general accordance with CT 417 and CT 422, respectively. The test results are presented on Figure B-11.
R-Value
The resistance value, or R-value, for site soils was evaluated in general accordance with California Test (CT) 301. The samples were prepared and evaluated for exudation pressure and expansion pressure. The equilibrium R-value is reported as the lesser or more conservative of the two calculated results. The test results are shown on Figure B-12.
1064
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140
CLAYEY SAND
CLAYEY SAND WITH GRAVEL
CLAYEY SAND
CLAYEY SAND
LEAN CLAY
CL
SC
SC
25 30
CL
97 78
SC
CL
47 19 SC
96 91
92 96 58
50 100 55
SC
0.0-5.0
0.0-5.0
0.0-5.0
0.0-2.0
P-3
P-4
B-2
P-1
P-2
B-3 0.0-5.0
B-1
B-1 10.0-11.5 LEAN CLAY
LEAN CLAY
CLAYEY SAND
38 SC
USCS
SAMPLE
LOCATION
SAMPLE
DEPTH
(ft)
PERCENT
PASSING
NO. 200
PERCENT
PASSING
NO. 4
DESCRIPTION (TOTAL
SAMPLE)
92 33
0.0-2.0
0.0-5.0
B-4 0.0-2.5 CLAYEY SAND 93
NO. 200 SIEVE ANALYSIS TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-1
211578001 Fig B-1 200-WASH @ P-1 -- P-2, B-1 -- B-4 1065
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 1140
CLAYEY SAND
CLAYEY SAND
CLAYEY SAND
CLAYEY SAND
CLAYEY SAND
SC
SC
SC
18 38
SC
95 98
SP-SC
SC
7 30 SC
95 97
100
95 33
44 99 46
SC
0.0-5.0
0.0-5.0
5.0-6.5
0.0-5.0
B-6
B-7
B-9
B-4
B-5
B-9 10.0-11.5
B-8
B-8 CLAYEY SAND 10.0-11.5
CLAYEY SAND
POORLY GRADED SAND WITH CLAY
USCS
SAMPLE
LOCATION
SAMPLE
DEPTH
(ft)
PERCENT
PASSING
NO. 200
PERCENT
PASSING
NO. 4
DESCRIPTION (TOTAL
SAMPLE)
86 18
0.0-5.0
0.0-5.0
NO. 200 SIEVE ANALYSIS TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-2
211578001 Fig B-2 200-WASH @ B-4 -- B-9 1066
NP - INDICATES NON-PLASTIC
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 4318
USCS
(Fraction Finer Than
B-4
No. 40 Sieve)
PLASTICITY
INDEX
CLASSIFICATION
0.0-2.5 15 33
USCS
SC
18 CL
SYMBOL LOCATION DEPTH (ft) LIQUID
LIMIT
PLASTIC
LIMIT
CH or OH
CL or OL MH or OH
ML or OL CL - ML
0 10
20 30
40 50
60 0 10 20 30 40 50 60 70 80 90 100
PLASTICITY INDEX, PI
LIQUID LIMIT, LL
FIGURE B-3
ATTERBERG LIMITS TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
211578001 Fig B-3 ATTERBERG @ B-4 1067
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080 ON A SAMPLE REMOLDED TO 90% RELATIVE COMPACTION
LEAN CLAY X B-2 0.0-2.0 Ultimate
Cohesion
(psf)
Friction Angle
(degrees) Soil Type
27 CL
26 300
CL
Description Symbol Sample
Location
402
Depth
(ft)
Shear
Strength
LEAN CLAY B-2 Peak 0.0-2.0
0 500
1000
1500
2000
2500
3000
3500
4000
0 500 1000 1500 2000 2500 3000 3500 4000
SHEAR STRESS (PSF)
NORMAL STRESS (PSF)
FIGURE B-4
DIRECT SHEAR TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
211578001 Fig B-4 DIRECT SHEAR @ B-2 0.0-2.0 1068
GRANODIORITE B-2 Peak 5.0-6.5
Cohesion
(psf)
Friction Angle
(degrees)
Equivalent Soil
Type
45 SP-SM
41 0
SP-SM
Description Symbol Sample
Location
498
Depth
(ft)
Shear
Strength
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080
GRANODIORITE X B-2 5.0-6.5 Ultimate
0 500
1000
1500
2000
2500
3000
3500
4000
4500
5000
0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000
SHEAR STRESS (PSF)
NORMAL STRESS (PSF)
FIGURE B-5
DIRECT SHEAR TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
211578001 Fig B-5 DIRECT SHEAR @ B-2 5.0-6.5 1069
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080 ON A SAMPLE REMOLDED TO 90% RELATIVE COMPACTION
CLAYEY SAND X B-3 0.0-5.0 Ultimate
Cohesion
(psf)
Friction Angle
(degrees) Soil Type
30 SC
28 294
SC
Description Symbol Sample
Location
426
Depth
(ft)
Shear
Strength
CLAYEY SAND B-3 Peak 0.0-5.0
0 500
1000
1500
2000
2500
3000
3500
4000
0 500 1000 1500 2000 2500 3000 3500 4000
SHEAR STRESS (PSF)
NORMAL STRESS (PSF)
FIGURE B-6
DIRECT SHEAR TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
211578001 Fig B-6 DIRECT SHEAR @ B-3 0.0-5.0 1070
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 3080
GRANODIORITE X B-3 15.0-16.0 Ultimate
Cohesion
(psf)
Friction Angle
(degrees)
Equivalent Soil
Type
33 SP-SM
38 378
SP-SM
Description Symbol Sample
Location
996
Depth
(ft)
Shear
Strength
GRANODIORITE B-3 Peak 15.0-16.0
0 500
1000
1500
2000
2500
3000
3500
4000
4500
5000
0 500 1000 1500 2000 2500 3000 3500 4000 4500 5000
SHEAR STRESS (PSF)
NORMAL STRESS (PSF)
FIGURE B-7
DIRECT SHEAR TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
211578001 Fig B-7 DIRECT SHEAR @ B-3 15.0-16.5 1071
PERFORMED IN GENERAL ACCORDANCE WITH
10.2 3.9 0.004 4 Very Low
INITIAL
MOISTURE
(percent)
COMPACTED DRY
DENSITY (pcf)
EXPANSION
INDEX
109.5
POTENTIAL
EXPANSION
FINAL
MOISTURE
(percent)
VOLUMETRIC
SWELL (in)
SAMPLE
LOCATION
B-2
SAMPLE
DEPTH (ft)
0.0-2.0 11.8 101.3 27.6 0.018 18 Very Low
B-3 0.0-5.0
UBC STANDARD 18-2 ASTM D 4829
EXPANSION INDEX TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-8
211578001 Fig B-8 EXPANSION INDEX @ B-2 & B-3 1072
##
##
PERFORMED IN GENERAL ACCORDANCE WITH METHOD
Dry Density and Moisture Content Values Corrected for Oversize (ASTM D 4718) N/A N/A Maximum Dry
Density
(pcf)
B-2 0.0-2.0 121.0
Optimum Moisture
Content
(percent)
Soil Description
Brown Lean Clay
Sample
Location
Depth
(ft)
12.5 80.0
90.0 100.0
110.0
120.0
130.0
140.0
0 5 10 15 20 25 30 35 40
DRY DENSITY (PCF)
MOISTURE CONTENT (%)
Zero Air Void Line
(Specific Gravity = 2.70)
Zero Air Void Line
(Specific Gravity = 2.60)
Zero Air Void Line
(Specific Gravity = 2.50)
ASTM D 1557 ASTM D 698 A B C
PROCTOR DENSITY TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-9
211578001 Fig B-9 MAXDENSITY @ B-2 0.0-2.0
1073
##
##
PERFORMED IN GENERAL ACCORDANCE WITH METHOD
B-3 0.0-5.0
Optimum Moisture
Content
(percent)
Soil Description
Dark Reddish Brown Clayey Sand
Sample
Location
Depth
(ft)
9.5 Dry Density and Moisture Content Values Corrected for Oversize (ASTM D 4718) N/A N/A Maximum Dry
Density
(pcf)
131.0
80.0 90.0
100.0
110.0
120.0
130.0
140.0
0 5 10 15 20 25 30 35 40
DRY DENSITY (PCF)
MOISTURE CONTENT (%)
Zero Air Void Line
(Specific Gravity = 2.70)
Zero Air Void Line
(Specific Gravity = 2.60)
Zero Air Void Line
(Specific Gravity = 2.50)
ASTM D 1557 ASTM D 698 A B C
PROCTOR DENSITY TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-10
211578001 Fig B-10 MAXDENSITY @ B-3 0.0-5.0
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1 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 643 2 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 417 3 PERFORMED IN GENERAL ACCORDANCE WITH CALIFORNIA TEST METHOD 422
CHLORIDE
CONTENT 3
(ppm)
pH
SAMPLE 1
DEPTH (ft)
SAMPLE
LOCATION
RESISTIVITY 1
(ohm-cm)
6.7 2,362 10 0.001 30
SULFATE CONTENT 2
B-3 0.0-5.0
(ppm) (%)
CORROSIVITY TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-11
211578001 Fig B-11 CORROSIVITY @ B-3 1075
PERFORMED IN GENERAL ACCORDANCE WITH ASTM D 2844/CT 301
SAMPLE LOCATION SAMPLE DEPTH
(ft) SOIL TYPE R-VALUE
0.0-2.5
0.0-5.0
B-4
B-9
17 13
SC
SC
R-VALUE TEST RESULTS
27-ACRE PARK
WILDOMAR, CALIFORNIA
211578001 | 3/21
FIGURE B-12
211578001 Fig B-12 RVTABLE B-4 & B-9 1076
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH ninyoandmoore.com
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Appendix 6
Noise Impact Assessment
1078
Noise Impact Assessment
for the
Ronald Reagan Park Project
City of Wildomar, California
Prepared For:
City of Wildomar
Planning Department
23873 Clinton Keith Road
Wildomar, CA 92595
Prepared By:
June 2023
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CONTENTS
1.0 INTRODUCTION ................................................................................................................................................................... 1
1.1 Project Location and Description.................................................................................................................. 1
2.0 ENVIRONMENTAL NOISE AND GROUNDBORNE VIBRATION ANALYSIS ..................................................... 2
2.1 Fundamentals of Noise and Environmental Sound ............................................................................... 2
2.1.1 Addition of Decibels .......................................................................................................................... 2
2.1.2 Sound Propagation and Attenuation ......................................................................................... 4
2.1.3 Noise Descriptors ............................................................................................................................... 5
2.1.4 Human Response to Noise ............................................................................................................. 7
2.1.5 Effects of Noise on People .............................................................................................................. 8
2.1.5.1 Hearing Loss ......................................................................................................................................... 8
2.1.5.2 Annoyance ............................................................................................................................................ 8
2.2 Fundamentals of Environmental Groundborne Vibration .................................................................. 8
2.2.1 Vibration Sources and Characteristics ........................................................................................ 8
3.0 EXISTING ENVIRONMENTAL NOISE SETTING ....................................................................................................... 11
3.1 Noise Sensitive Land Uses ............................................................................................................................ 11
3.1.1 Existing Ambient Noise Environment ...................................................................................... 11
3.1.2 Existing Ambient Noise Measurements .................................................................................. 11
4.0 REGULATORY FRAMEWORK ......................................................................................................................................... 13
4.1 Federal .................................................................................................................................................................. 13
4.1.1 Occupational Safety and Health Act of 1970 ....................................................................... 13
4.1.2 National Institute of Occupational Safety and Health ...................................................... 13
4.2 State ...................................................................................................................................................................... 13
4.2.1 State of California General Plan Guidelines .......................................................................... 13
4.2.2 State Office of Planning and Research Noise Element Guidelines .............................. 13
4.3 Local ...................................................................................................................................................................... 14
4.3.1 County of Riverside General Plan Noise Element ............................................................... 14
4.3.2 City of Wildomar Municipal Code ............................................................................................ 16
5.0 IMPACT ASSESSMENT .................................................................................................................................................... 17
5.1 Thresholds of Significance ............................................................................................................................ 17
5.2 Methodology ..................................................................................................................................................... 17
5.3 Impact Analysis ................................................................................................................................................. 18
5.3.1 Would the Project Result in Short-Term Construction-Generated Noise in Excess of County Standards? .......................................................................................................................... 18
5.3.2 Would the Project Result in a Substantial Permanent Increase in Ambient Noise Levels in Excess of City Standards During Operations? ................................................... 20 1080
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5.3.3 Would the Project Expose Structures to Substantial Groundborne Vibration During Construction? .................................................................................................................................... 27
5.3.4 Would the Project Expose Structures to Substantial Groundborne Vibration During Operations?........................................................................................................................................ 28
5.3.5 Would the Project Expose People Residing or Working in the Project area to Excessive Airport Noise? ............................................................................................................... 28
6.0 REFERENCES ........................................................................................................................................................................ 29
LIST OF TABLES
Table 2-1. Common Acoustical Descriptors ............................................................................................................................... 6 Table 2-2. Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibration Levels ..................................................................................................................................................................................... 10 Table 3-1. Existing (Baseline) Noise Measurements ............................................................................................................ 12 Table 5-1. Construction Average (dBA) Noise Levels at Nearest Receptors……………………………………………… 19 Table 5-2. Modeled Operational Noise Levels…………………………………………………………………………………………... 24 Table 5-3. Representative Vibration Source Levels for Construction Equipment .................................................... 27 Table 5-4 Construction Vibration Levels at 362 Feet…………………………………………………………………………………. 28
LIST OF FIGURES
Figure 2-1. Common Noise Levels ................................................................................................................................................. 3 Figure 5-1. Modeled Operational Noise Levels for Daytime .......................................................................................... 25 Figure 5-2. Modeled Operational Noise Levels for Nighttime ....................................................................................... 26
ATTACHMENTS
Attachment A - Baseline (Existing) Noise Measurements – Project Site and Vicinity Attachment B – Federal Highway Administration Roadway Construction Noise Outputs Attachment C – Federal Highway Administration Highway Noise Prediction Model (FHWA-RD-77-108) Outputs – Traffic Noise
Attachment D – SoundPLAN Onsite Noise Generation
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LIST OF ACRONYMS AND ABBREVIATIONS
CalEEMod California Emissions Estimator Model
Caltrans California Department of Transportation
City City of Wildomar
CNEL Community Noise Equivalent Level
County Riverside County
dB Decibel
dBA Decibel is A-weighted
FHWA Federal Highway Administration
FTA Federal Transit Administration
Hz Hertz
Ldn Day-night average sound level
Leq Measure of ambient noise
Lmax The maximum A-weighted noise level during the measurement period.
Lmin The minimum A-weighted noise level during the measurement period.
MDR Medium Density Residential
NIOSH National Institute for Occupational Safety and Health OPR Office of Planning and Research
OSHA Federal Occupational Safety and Health Administration PF Public Facility
PPV Peak particle velocity
Project Ronald Reagan Park Project
RCNM Roadway Construction Noise Model
RMS Root mean square
SF Square feet
STC Sound Transmission Class
VdB Vibration Velocity Level
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1.0 INTRODUCTION
This report documents the results of a Noise Impact Assessment completed for the Ronald Reagan Park Project (Project), which includes the construction of a 27-acre park with parking, amenities, a fire station, community center, amphitheater, and a diverse network of pedestrian and bicycling trails. This report was prepared as a comparison of predicted Project noise levels to noise standards promulgated by the County of Riverside General Plan Noise Element and the County’s Municipal Code. The purpose of this report is to estimate Project-generated noise and to determine the level of impact the Project would have on the environment.
1.1 Project Location and Description
The Project Site is located on 27-acres in the City of Wildomar (City), within Riverside County (County). The Project Site is located between Wildomar Trail Road and Susan Drive, directly north and west of Ronald Reagan Elementary School. Under existing conditions, the Project Area is an undeveloped natural area. The Proposed Project would construct a 27-acre park with 221 parking spaces and driveways, amenities including bike trails and a bike plaza, fitness plaza, a 8,700 square foot (sf) fire station, splash pad, playgrounds, volleyball courts, gardens, community green area, a 8,700 sf community center/amphitheater, shade structures, lookout points, trails, bridge crossings, interpretive signs, bioretention/biofiltration areas, and a connection to Ronald Reagan Elementary School.
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2.0 ENVIRONMENTAL NOISE AND GROUNDBORNE VIBRATION ANALYSIS
2.1 Fundamentals of Noise and Environmental Sound
2.1.1 Addition of Decibels
The decibel (dB) scale is logarithmic, not linear, and therefore sound levels cannot be added or subtracted through ordinary arithmetic. Two sound levels 10 dB apart differ in acoustic energy by a factor of 10. When the standard logarithmic decibel is A-weighted (dBA), an increase of 10 dBA is generally perceived as a doubling in loudness. For example, a 70-dBA sound is half as loud as an 80-dBA sound and twice as loud as a 60-dBA sound. When two identical sources are each producing sound of the same loudness, the resulting sound level at a given distance would be three dB higher than one source under the same conditions (Federal Transit Administration [FTA] 2018). For example, a 65-dB source of sound, such as a truck, when joined by another 65 dB source results in a sound amplitude of 68 dB, not 130 dB (i.e., doubling the source strength increases the sound pressure by three dB). Under the decibel scale, three sources of equal loudness together would produce an increase of five dB.
Typical noise levels associated with common noise sources are depicted in Figure 2-1.
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Figure 2-1. Common Noise Levels
Source: California Department of Transportation (Caltrans) 2020a 2022-252.03 Ronald Reagan Park Project
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2.1.2 Sound Propagation and Attenuation
Noise can be generated by a number of sources, including mobile sources such as automobiles, trucks and airplanes, and stationary sources such as construction sites, machinery, and industrial operations. Sound spreads (propagates) uniformly outward in a spherical pattern, and the sound level decreases (attenuates) at a rate of approximately 6 dB (dBA) for each doubling of distance from a stationary or point source (FHWA 2017). Sound from a line source, such as a highway, propagates outward in a cylindrical pattern, often referred to as cylindrical spreading. Sound levels attenuate at a rate of approximately 3 dBA for each doubling of distance from a line source, such as a roadway, depending on ground surface characteristics (Federal Highway Administration [FHWA] 2017). No excess attenuation is assumed for hard surfaces like a parking lot or a body of water. Soft surfaces, such as soft dirt or grass, can absorb sound, so an excess ground-attenuation value of 1.5 dBA per doubling of distance is normally assumed. For line sources, an overall attenuation rate of three dB per doubling of distance is assumed (FHWA 2011).
Noise levels may also be reduced by intervening structures; generally, a single row of detached buildings between the receptor and the noise source reduces the noise level by about five dBA (FHWA 2006), while a solid wall or berm generally reduces noise levels by 10 to 20 dBA (FHWA 2011). However, noise barriers or enclosures specifically designed to reduce site-specific construction noise can provide a sound reduction 35 dBA or greater (Western Electro-Acoustic Laboratory, Inc. 2000). To achieve the most potent noisereducing effect, a noise enclosure/barrier must physically fit in the available space, must completely break the “line of sight” between the noise source and the receptors, must be free of degrading holes or gaps, and must not be flanked by nearby reflective surfaces. Noise barriers must be sizable enough to cover the entire noise source and extend lengthwise and vertically as far as feasibly possible to be most effective. The limiting factor for a noise barrier is not the component of noise transmitted through the material, but rather the amount of noise flanking around and over the barrier. In general, barriers contribute to decreasing noise levels only when the structure breaks the “line of sight” between the source and the receiver.
The manner in which older homes in California were constructed generally provides a reduction of exteriorto-interior noise levels of about 20 to 25 dBA with closed windows (Caltrans 2002). The exterior-to-interior reduction of newer residential units is generally 30 dBA or more (Harris Miller, Miller & Hanson Inc. 2006).
Generally, in exterior noise environments ranging from 60 dBA Community Noise Equivalent Level (CNEL) to 65 dBA CNEL, interior noise levels can typically be maintained below 45 dBA, a typical residential interior noise standard, with the incorporation of an adequate forced air mechanical ventilation system in each residential building, and standard thermal-pane residential windows/doors with a minimum rating of Sound Transmission Class (STC) 28. (STC is an integer rating of how well a building partition attenuates airborne sound. In the U.S., it is widely used to rate interior partitions, ceilings, floors, doors, windows, and exterior wall configurations). In exterior noise environments of 65 dBA CNEL or greater, a combination of forced-air mechanical ventilation and sound-rated construction methods is often required to meet the interior noise level limit. Attaining the necessary noise reduction from exterior to interior spaces is readily achievable in noise environments less than 75 dBA CNEL with proper wall construction techniques following California Building Code methods, the selections of proper windows and doors, and the incorporation of forced-air mechanical ventilation systems.
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2.1.3 Noise Descriptors
The decibel scale alone does not adequately characterize how humans perceive noise. The dominant frequencies of a sound have a substantial effect on the human response to that sound. Several rating scales have been developed to analyze the adverse effect of community noise on people. Because environmental noise fluctuates over time, these scales consider that the effect of noise on people is largely dependent on the total acoustical energy content of the noise, as well as the time of day when the noise occurs. The noise descriptors most often encountered when dealing with traffic, community, and environmental noise include the average hourly noise level (in Leq) and the average daily noise levels/community noise equivalent level (in Ldn/CNEL). The Leq is a measure of ambient noise, while the Ldn and CNEL are measures of community noise. Each is applicable to this analysis and defined as follows:
Equivalent Noise Level (Leq) is the average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night. Day-Night Average (Ldn) is a 24-hour average Leq with a 10-dBA “weighting” added to noise during the hours of 10:00 pm to 7:00 am to account for noise sensitivity in the nighttime. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.4 dBA Ldn.
Community Noise Equivalent Level (CNEL) is a 24-hour average Leq with a 5-dBA weighting during the hours of 7:00 pm to 10:00 pm and a 10-dBA weighting added to noise during the hours of 10:00 pm to 7:00 am to account for noise sensitivity in the evening and nighttime, respectively.
Table 2-1 provides a list of other common acoustical descriptors.
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Table 2-1. Common Acoustical Descriptors
Descriptor Definition
Decibel, dB A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20.
Sound Pressure
Level
Sound pressure is the sound force per unit area, usually expressed in micropascals (or 20 micronewtons per square meter), where 1 pascal is the pressure resulting from a force of 1 newton exerted over an area of 1 square meter. The sound pressure level is expressed in decibels as 20 times the logarithm to the base 10 of the ratio between the pressures exerted by the sound to a reference sound pressure (e.g., 20 micropascals). Sound pressure level is the quantity that is directly measured by a sound level meter.
Frequency, Hertz
(Hz)
The number of complete pressure fluctuations per second above and below atmospheric pressure. Normal human hearing is between 20 Hz and 20,000 Hz. Infrasonic sounds are below 20 Hz and ultrasonic sounds are above 20,000 Hz.
A-Weighted Sound
Level, dBA
The sound pressure level in decibels as measured on a sound level meter using the Aweighting filter network. The A-weighting filter de-emphasizes the very low and very highfrequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.
Equivalent Noise
Level, Leq
The average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night.
Lmax, Lmin The maximum and minimum A-weighted noise level during the measurement period.
L01, L10, L50, L90 The A-weighted noise levels that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.
Day/Night Noise
Level, Ldn or DNL
A 24-hour average Leq with a 10 dBA “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the nighttime. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.4 dBA Ldn.
Community Noise
Equivalent Level,
CNEL
A 24-hour average Leq with a 5 dBA “weighting” during the hours of 7:00 p.m. to 10:00 p.m. and a 10 dBA “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitivity in the evening and nighttime, respectively. The logarithmic effect of these additions is that a 60 dBA 24-hour Leq would result in a measurement of 66.7 dBA CNEL.
Ambient Noise
Level
The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location.
Intrusive That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends on its amplitude, duration, frequency, and time of occurrence and tonal or informational content, as well as the prevailing ambient noise level.
Decibel, dB A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20.
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The A-weighted decibel sound level scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events.
The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within about ±1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports. The accuracy of the predicted models depends on the distance between the receptor and the noise source. Close to the noise source, the models are accurate to within about ±1 to 2 dBA.
2.1.4 Human Response to Noise
The human response to environmental noise is subjective and varies considerably from individual to individual. Noise in the community has often been cited as a health problem, not in terms of actual physiological damage, such as hearing impairment, but in terms of inhibiting general well-being and contributing to undue stress and annoyance. The health effects of noise in the community arise from interference with human activities, including sleep, speech, recreation, and tasks that demand concentration or coordination. Hearing loss can occur at the highest noise intensity levels.
Noise environments and consequences of human activities are usually well represented by median noise levels during the day or night or over a 24-hour period. Environmental noise levels are generally considered low when the CNEL or Ldn is below 60 dBA, moderate in the 60 to 70 dBA range, and high above 70 dBA.
Examples of low daytime levels are isolated, natural settings with noise levels as low as 20 dBA and quiet, suburban, residential streets with noise levels around 40 dBA. Noise levels above 45 dBA at night can disrupt sleep. Examples of moderate-level noise environments are urban residential or semi-commercial areas (typically 55 to 60 dBA) and commercial locations (typically 60 dBA). People may consider louder environments adverse, but most will accept the higher levels associated with noisier urban residential or residential-commercial areas (60 to 75 dBA) or dense urban or industrial areas (65 to 80 dBA). Regarding increases in A-weighted noise levels (dBA), the following relationships should be noted in understanding this analysis:
Except in carefully controlled laboratory experiments, a change of 1 dBA cannot be perceived by humans.
Outside of the laboratory, a 3-dBA change is considered a just-perceivable difference. A change in level of at least 5 dBA is required before any noticeable change in community response would be expected. An increase of 5 dBA is typically considered substantial. A 10-dBA change is subjectively heard as an approximate doubling in loudness and would almost certainly cause an adverse change in community response. 1089
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2.1.5 Effects of Noise on People
2.1.5.1 Hearing Loss
While physical damage to the ear from an intense noise impulse is rare, a degradation of auditory acuity can occur even within a community noise environment. Hearing loss occurs mainly due to chronic exposure to excessive noise but may be due to a single event such as an explosion. Natural hearing loss associated with aging may also be accelerated from chronic exposure to loud noise.
The Occupational Safety and Health Administration (OSHA) has a noise exposure standard that is set at the noise threshold where hearing loss may occur from long-term exposures. The maximum allowable level is 90 dBA averaged over eight hours. If the noise is above 90 dBA, the allowable exposure time is correspondingly shorter.
2.1.5.2 Annoyance
Attitude surveys are used for measuring the annoyance felt in a community for noises intruding into homes or affecting outdoor activity areas. In these surveys, it was determined that causes for annoyance include interference with speech, radio and television, house vibrations, and interference with sleep and rest. The Ldn as a measure of noise has been found to provide a valid correlation of noise level and the percentage of people annoyed. People have been asked to judge the annoyance caused by aircraft noise and ground transportation noise. There continues to be disagreement about the relative annoyance of these different sources.
2.2 Fundamentals of Environmental Groundborne Vibration
2.2.1 Vibration Sources and Characteristics
Sources of earthborne vibrations include natural phenomena (e.g., earthquakes, volcanic eruptions, sea waves, landslides) or manmade causes (explosions, machinery, traffic, trains, construction equipment, etc.).
Vibration sources may be continuous (e.g., factory machinery) or transient (e.g., explosions).
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero. Several different methods are typically used to quantify vibration amplitude. One is the peak particle velocity (PPV); another is the root mean square (RMS) velocity. The PPV is defined as the maximum instantaneous positive or negative peak of the vibration wave. The RMS velocity is defined as the average of the squared amplitude of the signal. The PPV and RMS vibration velocity amplitudes are used to evaluate human response to vibration.
PPV is generally accepted as the most appropriate descriptor for evaluating the potential for building damage. For human response, however, an average vibration amplitude is more appropriate because it takes time for the human body to respond to the excitation (the human body responds to an average vibration amplitude, not a peak amplitude). Because the average particle velocity over time is zero, the RMS amplitude is typically used to assess human response. The RMS value is the average of the amplitude squared over time, typically a 1- sec. period (FTA 2018). 1090
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Table 2-2 displays the reactions of people and the effects on buildings produced by continuous vibration levels. The annoyance levels shown in the table should be interpreted with care since vibration may be found to be annoying at much lower levels than those listed, depending on the level of activity or the sensitivity of the individual. To sensitive individuals, vibrations approaching the threshold of perception can be annoying. Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors, or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage. In high-noise environments, which are more prevalent where groundborne vibration approaches perceptible levels, this rattling phenomenon may also be produced by loud airborne environmental noise causing induced vibration in exterior doors and windows.
Ground vibration can be a concern in instances where buildings shake, and substantial rumblings occur.
However, it is unusual for vibration from typical urban sources such as buses and heavy trucks to be perceptible. For instance, heavy-duty trucks generally generate groundborne vibration velocity levels of
0.006 PPV at 50 feet under typical circumstances, which as identified in Table 2-2 is considered very unlikely to cause damage to buildings of any type. Common sources for groundborne vibration are planes, trains, and construction activities such as earth-moving which requires the use of heavy-duty earth moving equipment.
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Table 2-2. Human Reaction and Damage to Buildings for Continuous or Frequent Intermittent Vibration Levels
Peak Particle
Velocity
(inches/second)
Approximate
Vibration
Velocity Level
(VdB)
Human Reaction Effect on Buildings
0.006–0.019 64–74 Range of threshold of
perception
Vibrations unlikely to cause damage of any
type
0.08 87 Vibrations readily perceptible
Threshold at which there is a risk of
architectural damage to extremely fragile
historic buildings, ruins, ancient monuments
0.1 92
Level at which continuous
vibrations may begin to annoy
people, particularly those
involved in vibration sensitive
activities
Threshold at which there is a risk of
architectural damage to fragile buildings.
Virtually no risk of architectural damage to
normal buildings
0.25 94 Vibrations may begin to
annoy people in buildings
Threshold at which there is a risk of
architectural damage to historic and some old
buildings
0.3 96 Vibrations may begin to feel
severe to people in buildings
Threshold at which there is a risk of
architectural damage to older residential
structures
0.5 103
Vibrations considered
unpleasant by people
subjected to continuous
vibrations
Threshold at which there is a risk of
architectural damage to new residential
structures and Modern industrial/commercial
buildings
Source: Caltrans 2020b
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3.0 EXISTING ENVIRONMENTAL NOISE SETTING
3.1 Noise Sensitive Land Uses
Noise-sensitive land uses are generally considered to include those uses where noise exposure could result in health-related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as hospitals, historic sites, cemeteries, and certain recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and other places where low interior noise levels are essential are also considered noise-sensitive land uses.
The nearest existing noise-sensitive receptors is Ronald Reagan Elementary School which is located directly adjacent and to the southeast of the Project Site. Additionally, there are several single-family residences approximately 60 feet to the east of the Project Area, fronting El Diamante Drive.
3.1.1 Existing Ambient Noise Environment
The most common and significant sources of noise in the Project Area are traffic noises, noises associated with school activities, and activity typical of residential neighborhoods. The Project Site is currently vacant and has no significant noise sources associated with it. As shown in Table 3-1 below, the ambient recorded noise levels range from 44.5 to 65.6 dBA Leq near the Project Site.
3.1.2 Existing Ambient Noise Measurements
As previously stated, the Project Site is currently a vacant lot. In order to quantify existing ambient noise levels in the Project Area, ECORP Consulting, Inc. conducted three short-term noise measurements (15- minutes) in the surrounding areas and one long-term noise measurement (24 hours) on the Project Site on the morning of May 9, 2023 (see Attachment A). The 15-minute measurements were taken between 9:55 a.m. and 10:47 a.m. on May 9th and are representative of typical existing noise exposure within and immediately adjacent to the Project Site during the daytime. The long-term measurement was taken from 10:59 a.m. on May 9th to 10:59 a.m. on May 10th. This 24-hour noise measurement site is representative of typical existing noise exposure on the Project Site during a typical 24-hour day. The average noise levels at each location are listed in Table 3-1.
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Table 3-1. Existing (Baseline) Noise Measurements
Location
Number Location CNEL dBA Leq dBA Lmin dBA Lmax dBA Time Short Term Measurements
1 Southwest of
intersection of Plata
Court and El
Diamante Drive and
La Estrella Drive
N/A 44.5 40.0 59.4 9:55 a.m. – 10:10
a.m.
2 Corner of Wildomar
Trail and Doheny
Circle
N/A 65.6 39.1 81.0 10:14 a.m. – 10:30
a.m.
3 Southeast
intersection of La
Estrella Drive and
Iodine Springs
N/A 58.8 42.7 76.3 10:32 a.m. – 10:47
a.m.
Long Term Measurement
4 On Project Site,
approximately 30
feet west of
Wildomar Trail
57.0 52.9 30.5 86.5 10:59 a.m. – 10:59
a.m.
Source: Measurements were taken by ECORP with a Larson Davis LxT SE Sound Level Meter, which satisfies the American National Standards Institute for general environmental noise measurement instrumentation. Prior to the measurements, the LxT SE 0005120 sound level meter was calibrated according to manufacturer specifications. See Attachment A for noise measurement outputs.
Notes: Leq is the average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. Lmin is the minimum noise level during the measurement period and Lmax is the maximum noise level during the measurement period. Ldn is a 24-hour average Leq with a 10-dBA weighting added to noise during the hours of 10:00 pm to 7:00 am to account for noise sensitivity in the nighttime.
As shown in Table 3-1, the ambient recorded noise levels range from 44.5 to 65.6 dBA Leq over the course of the three short-term noise measurements taken in the Project vicinity. The ambient noise levels recorded by the long-term measurement indicate that the Project currently experiences a noise level of 57.0 CNEL dBA. The most common noise in the Project vicinity is produced by automotive vehicles (e.g., cars, trucks, buses, motorcycles) on Wildomar Trail. The ambient noise environment is also influenced by typical school operations from Ronald Reagan Elementary School (e.g., school bells, children playing, landscape equipment, etc.).
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4.0 REGULATORY FRAMEWORK
4.1 Federal
4.1.1 Occupational Safety and Health Act of 1970
OSHA regulates onsite noise levels and protects workers from occupational noise exposure. To protect hearing, worker noise exposure is limited to 90 decibels with A-weighting (dBA) over an eight-hour work shift (29 Code of Regulations 1910.95). Employers are required to develop a hearing conservation program when employees are exposed to noise levels exceeding 85 dBA. These programs include provision of hearing protection devices and testing employees for hearing loss on a periodic basis.
4.1.2 National Institute of Occupational Safety and Health A division of the US Department of Health and Human Services, the National Institute for Occupational Safety and Health (NIOSH) has established a construction-related noise level threshold as identified in the Criteria for a Recommended Standard: Occupational Noise Exposure prepared in 1998. NIOSH identifies a noise level threshold based on the duration of exposure to the source. The NIOSH construction-related noise level threshold starts at 85 dBA for more than 8 hours per day; for every 3-dBA increase, the exposure time is cut in half. This reduction results in noise level thresholds of 88 dBA for more than 4 hours per day, 92 dBA for more than 1 hour per day, 96 dBA for more than 30 minutes per day, and up to 100 dBA for more than 15 minutes per day. The intention of these thresholds is to protect people from hearing losses resulting from occupational noise exposure.
4.2 State
4.2.1 State of California General Plan Guidelines
The State of California regulates vehicular and freeway noise affecting classrooms, sets standards for sound transmission and occupational noise control, and identifies noise insulation standards and airport noise/land-use compatibility criteria. The State of California General Plan Guidelines (State of California 2003), published by the Governor’s Office of Planning and Research (OPR), also provides guidance for the acceptability of projects within specific CNEL/Ldn contours. The guidelines also present adjustment factors that may be used in order to arrive at noise acceptability standards that reflect the noise control goals of the community, the particular community’s sensitivity to noise, and the community’s assessment of the relative importance of noise pollution.
4.2.2 State Office of Planning and Research Noise Element Guidelines The State OPR Noise Element Guidelines include recommended exterior and interior noise level standards for local jurisdictions to identify and prevent the creation of incompatible land uses due to noise. The Noise Element Guidelines contain a Land Use Compatibility table that describes the compatibility of various land uses with a range of environmental noise levels in terms of the CNEL. 1095
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4.2.3 California Department of Transportation
In 2020, the California Department of Transportation (Caltrans) published the Transportation and Construction Vibration Manual (Caltrans 2020b). The manual provides general guidance on vibration issues associated with the construction and operation of projects concerning human perception and structural damage. Table 2-2 above presents recommendations for levels of vibration that could result in damage to structures exposed to continuous vibration.
4.3 Local
4.3.1 County of Wildomar General Plan Noise Element
The Project Site is located in the City of Wildomar, and the Riverside County General Plan is used as a general planning document in Wildomar. The Noise Element of the General Plan is a comprehensive program for including noise management in the planning process, providing a tool for planners to use in achieving and maintaining land uses that are compatible with existing and future environmental noise levels.
The Noise Element identifies noise-sensitive land uses and noise sources and defines areas of noise impact for the purpose of developing programs to ensure that residents, and other noise sensitive land uses will be protected from excessive noise intrusion.
The Noise Element of the General Plan contains noise goals and policies for the protection of residents, businesses, and visitors from stationary and non-stationary noise hazards by establishing exterior and interior noise standards and developing strategies related to land use compatibility and the protection of sensitive receptors from noise impacts. Uses such as schools, hospitals, childcare, senior care, neighborhood parks, and all types of residential use should be located outside of any area anticipated to exceed clearly compatible noise levels as defined by the Land Use Compatibility for Community Noise Exposure Table presented in the General Plan (Table N-1 of the General Plan Noise Element). A normally acceptable noise environment for parkland land uses, such as that proposed by the Project, is 70 dBA CNEL or lower.
The Noise Element also includes policies that are intended to achieve the vision of the General Plan and guide the City’s efforts to minimize noise-land use incompatibilities and support the health and serenity of its citizens. The General Plan policies applicable to the Proposed Project are listed below.
N 1.1: Protect noise-sensitive land uses from high levels of noise by restricting noise-producing land uses from these areas. If the noise-producing land use cannot be relocated, then noise buffers such as setbacks, landscaping, or block walls shall be used.
N 1.2: Guide noise-tolerant land uses into areas irrevocably committed to land uses that are noiseproducing, such as transportation corridors or within the projected noise contours of any adjacent airports.
N 1.3: Consider the following uses noise-sensitive and discourage these uses in areas in excess of 65 CNEL:
Schools
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Hospitals
Rest Homes
Long Term Care Facilities
Mental Care Facilities
Residential Uses
Libraries
Passive Recreation Uses
Places of Worship
According to the State of California Office of Planning and Research General Plan Guidelines, an acoustical study may be required in cases where these noise-sensitive land uses are located in an area of 60 CNEL or greater. Any land use that is exposed to levels higher than 65 CNEL will require noise attenuation measures.
Areas around airports may have different noise standards than those cited above. Each Area Plan affected by a public-use airport includes one or more Airport Influence Areas, one for each airport.
The applicable noise compatibility criteria are fully set forth in Appendix L-1 [of the General Plan] and summarized in the Policy Area section of the affected Area Plan.
N 1.4: Determine if existing land uses will present noise compatibility issues with proposed projects by undertaking site surveys.
N 1.5 Prevent and mitigate the adverse impacts of excessive noise exposure on the residents, employees, visitors, and noise-sensitive uses of Riverside County.
N 1.7: Require proposed land uses, affected by unacceptably high noise levels, to have an acoustical specialist prepare a study of the noise problems and recommend structural and site design features that will adequately mitigate the noise problem.
N 4.3: Ensure any use determined to be a potential generator of significant stationary noise impacts be properly analyzed and ensure that the recommended mitigation measures are implemented.
N 4.5: Encourage major stationary noise-generating sources throughout the County of Riverside to install additional noise buffering or reduction mechanisms within their facilities to reduce noise generation levels to the lowest extent practicable prior to the renewal of conditional use permits or business license or prior to the approval and/or issuance of new conditional use permits for said facilities.
N 12.1: Utilize natural barriers such as hills, berms, boulders, and dense vegetation to assist in noise reduction.
N 13.1: Minimize the impacts of construction noise on adjacent uses within acceptable practices.
N 13.2: Ensure that construction activities are regulated to establish hours of operation in order to prevent and/or mitigate the generation of excessive or adverse noise impacts on surrounding areas. 1097
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N 13.4: Require that all construction equipment utilizes noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer.
N 14.4: Consider and, when necessary to lower noise to acceptable limits, require noise barriers and landscaped berms.
N 14.5: Consider the issue of adjacent residential land uses when designing and configuring all new, nonresidential development. Design and configure on site ingress and egress points that divert traffic away from nearby noise sensitive land uses to the greatest degree practicable.
N 14.8: Review all development applications for consistency with the standards and policies of the Noise Element of the General Plan.
N 16.2: Consider the following land uses sensitive to vibration:
Hospitals
Residential areas
Concert halls
Libraries
Sensitive research operations
Schools
Offices
N 19.5: Require new developments that have the potential to generate significant noise impacts to inform impacted users on the effects of these impacts during the environmental review process.
4.3.2 City of Wildomar Municipal Code
The City of Wildomar’s regulations with respect to noise are included in Chapter 9.48, Noise Regulation, of the City’s Municipal Code. Specifically, a portion of Section 9.48.020, Exemptions, prohibits the construction from occurring between 6:00 p.m. – 6:00 a.m. from June to September and 6:00 p.m. – 7:00 a.m. during October to May. Additionally, another exemption to the City’s noise regulations is sound emanating from public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel, such as whom would operate the proposed 8,700 sf fire station, and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile. Furthermore, Section 9.48.040 establishes generalized noise level standards, including the maximum exterior sound level standards promulgated by the City. The surrounding residential areas have a land use designation of Medium Density Residential (MDR) and are subject to the maximum allowable exterior noise levels of 55 Lmax dBA for daytime and 45 Lmax dBA for nighttime. Ronald Reagan Elementary School, which is located directly adjacent to southeastern border of the Project Site, has a land use designation of Public Facility (PF) and is subject to the maximum exterior noise levels of 65 Lmax dBA for daytime and 45 Lmax dBA for nighttime. 1098
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5.0 Impact Assessment
5.1 Thresholds of Significance
The impact analysis provided below is based on the following California Environmental Quality Act Guidelines Appendix G thresholds of significance. The Project would result in a significant noise-related impact if it would result in the:
1) 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.
2) Generation of excessive groundborne vibration or groundborne noise levels. 3) 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, would the project expose people residing or working in the project area to excessive noise levels.
For purposes of this analysis, Project construction noise is compared to the allowable hours of construction mandated by the City as well as the NIOSH standard of 85 dBA for more than 8 hours per day, since construction work for the Proposed Project is anticipated to span a typical workday of 8 hours daily. The City does not regulate vibrations associated with construction or operations. However, a discussion of construction vibration is included for full disclosure purposes. For comparison purposes, Project groundborne vibration is evaluated against the County of Riverside standard of 0.01 inch per second RMS for assessing groundborne vibration from rail-related activities, promulgated by County General Plan Policy N 16.3.
The noise/land use compatibility associated with locating parkland at the Project Site is determined by a comparison of existing noise levels against the City’s noise/land use compatibility standard of 70 dBA CNEL or lower for playgrounds and neighborhood parks, as defined by the Land Use Compatibility for Community Noise Exposure Table presented in the General Plan (Table N-1 of the General Plan Noise Element). Noise generated by the Project’s offsite transportation noise is compared to the City’s protective standard of 60 dBA CNEL promulgated by Policy N 1.3. Noise generated onsite by Project operations is compared against the City’s Municipal Code Section 9.48.40, which establishes maximum exterior noise levels for daytime and nighttime hours.
5.2 Methodology
This analysis of the existing and future noise environments is based on empirical observations and noise prediction modeling. Predicted construction noise levels were calculated utilizing the FHWA’s Roadway Construction Noise Model (2006). Groundborne vibration levels associated with construction-related activities for the Project have been evaluated utilizing typical groundborne vibration levels associated with construction equipment. Potential groundborne vibration impacts related to structural damage and human annoyance were evaluated, taking into account the distance from construction activities to nearby structures and typically applied criteria for structural damage and human annoyance. 1099
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Transportation-source noise levels associated with the Project were calculated using the FHWA Traffic Noise Prediction Model (FHWA-RD-77-108) with trip generation rates estimated from the Institute of Transportation Engineers’ 10th and the 11th Edition Trip Generation Manuals. Onsite stationary source noise levels associated with the Project have been calculated with the SoundPLAN 3D noise model, which predicts noise propagation from a noise source based on the location, noise level, and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings and barriers.
5.3 Impact Analysis
5.3.1 Would the Project Result in Short-Term Construction-Generated Noise in Excess of County Standards?
Onsite Construction Noise
Construction noise associated with the Proposed Project would be temporary and would vary depending on the specific nature of the activities being performed. Noise generated would primarily be associated with the operation of off-road equipment for onsite construction activities as well as construction vehicle traffic on area roadways. Construction noise typically occurs intermittently and varies depending on the nature or phase of construction (e.g., site preparation, excavation, paving). Noise generated by construction equipment, including earth movers, pile drivers, and portable generators, can reach high levels. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Other primary sources of acoustical disturbance would be random incidents, which would last less than one minute (such as dropping large pieces of equipment or the hydraulic movement of machinery lifts). During construction, exterior noise levels could negatively affect sensitive land uses in the vicinity of the construction site.
As previously described, the City prohibits construction noise between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September, and between the hours of 6:00 p.m. and 7:00 a.m. during the months of October through May (Municipal Code Section 9.48.020). The City does not promulgate a numeric threshold pertaining to the noise associated with construction. This is due to the fact that construction noise is temporary, short term, intermittent in nature, and would cease on completion of the Project.
To estimate the worst-case onsite construction noise levels that may occur at the nearest noise-sensitive receptors and in order to evaluate the potential health-related effects (physical damage to the ear) from construction noise, the construction equipment noise levels were calculated using the Federal Highway Administration’s Roadway Noise Construction Model and compared against the construction-related noise level threshold established in the Criteria for a Recommended Standard: Occupational Noise Exposure prepared in 1998 by NIOSH. A division of the U.S. Department of Health and Human Services, NIOSH identifies a noise level threshold based on the duration of exposure to the source. The NIOSH constructionrelated noise level threshold starts at 85 dBA for more than 8 hours per day; for every 3-dBA increase, the exposure time is cut in half. This reduction results in noise level thresholds of 88 dBA for more than 4 hours per day, 92 dBA for more than 1 hour per day, 96 dBA for more than 30 minutes per day, and up to 100 dBA for more than 15 minutes per day. For the purposes of this analysis, the lowest, more conservative 1100
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threshold of 85 dBA Leq is used as an acceptable threshold for construction noise at the nearby sensitive receptors.
It is acknowledged that the majority of construction equipment is not situated at any one location during construction activities, but rather spread throughout the Project Site and at various distances from sensitive receptors. Therefore, this analysis employs the FTA guidance for calculating construction noise, which recommends measuring construction noise produced by all construction equipment operating simultaneously from the center of the Project Site (FTA 2018), which in this case is approximately 362 feet distant from the nearest receptor, Ronald Reagan Elementary School. Additionally, the center of the Project Site is approximately 727 feet from the single-family residence fronting El Diamante Drive east of the Project Site. Because Ronald Reagan Elementary School is the closest receptor from the center of the site at 362 feet, construction noise will be calculated from that distance. The anticipated short-term construction noise levels generated for the necessary equipment are presented in Table 5-1.
Table 5-1. Construction Average (dBA) Noise Levels at Nearest Receptors Construction Phase
Estimated Exterior
Construction Noise Level @
Closest Noise Sensitive
Receptor (dBA Leq)
Construction
Noise Standard
(dBA Leq)
Exceeds
Standards?
Site Prep 70.4 85 No
Grading 71.0 85 No
Building Construction, Paving, and
Painting 73.3 85 No
Source: Construction noise levels were calculated by ECORP Consulting using the FHWA Roadway Noise Construction Model (FHWA 2006). Refer to Attachment B for Model Data Outputs.
Notes: Construction equipment used during construction provided using the California Emissions Estimator Model (CalEEMod), version 2022.1. CalEEMod is designed to calculate air pollutant emissions from construction activity and contains default construction equipment and usage parameters for typical construction projects based on several construction surveys conducted in order to identify such parameters. Consistent with FTA recommendations for calculating construction noise, construction noise was measured from the center of the Project Site (FTA 2018), which is 362 feet from the nearest receptor.
Leq = The equivalent energy noise level, is the average acoustic energy content of noise for a stated period of time. Thus, the Leq of a time-varying noise and that of a steady noise are the same if they deliver the same acoustic energy to the ear during exposure. For evaluating community impacts, this rating scale does not vary, regardless of whether the noise occurs during the day or the night.
As shown in Table 5-1, construction activities would not exceed the applicable noise standards. It is noted that construction noise was modeled on a worst-case basis. It is very unlikely that all pieces of construction equipment would be operating at the same time.
Offsite Construction Worker Trips
Project construction would result in additional traffic on adjacent roadways over the period that construction occurs. According to the California Emissions Estimator Model (CalEEMod), which is designed to predict the number of construction-related automotive trips, the maximum number of Project 1101
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construction trips traveling to and from the Project Site during a single construction phase would not be expected to exceed 26 daily trips in total. According to Caltrans Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a doubling of traffic on a roadway is required to result in an increase of 3 dB (outside of the laboratory, a 3-dBA change is considered a just-perceivable difference). The Project Site is mainly accessible from Wildomar Trail Road. In the area surrounding the Project Site, there are over 198 single family homes in the area that would use Wildomar Trail Road as a primary route of travel. According to the Institute of Transportation Engineers’ 10th Edition Trip Generation Manual (2017), single family homes generate an average of 9.44 trips daily, and therefore these 198 existing residences could be expected to contribute up to 1,870 traffic trips daily on Wildomar Trail Road (9.44 x 198 = 1,870). Additionally, Ronald Reagan Elementary School is also accessible from Wildomar Trail Road. According to the Institute of Transportation Engineers’ Trip Generation Manual, 10th Edition, elementary schools will contribute approximately 1.51 average daily trips per elementary school student. According to Ronald Reagan Elementary School’s official website, the school most recently had 560 enrolled students, which would contribute up to 846 average daily trips. In total, it can be expected that Wildomar Trail Road can expect up to 2,716 average daily trips per day, from the contributions of the residential and the school’s traffic trips.
Thus, the 26 daily trips generated during Project construction would not result in a doubling of traffic, and therefore its contribution to existing traffic noise would not be perceptible. Additionally, it is noted that construction is temporary, and these trips would cease upon completion of the Project.
5.3.2 Would the Project Result in a Substantial Permanent Increase in Ambient Noise Levels in Excess of City Standards During Operations?
As previously described, noise-sensitive land uses are locations where people reside or where the presence of unwanted sound could adversely affect the use of the land. Residences, schools, hospitals, guest lodging, libraries, and some passive recreation areas would each be considered noise-sensitive and may warrant unique measures for protection from intruding noise. The nearest existing noise-sensitive receptor is Ronald Reagan Elementary School which is located directly adjacent and to the south and east of the Project Site.
Additionally, there are several single-family residences approximately 60 feet to the east of the Project Area, fronting El Diamante Drive. Operational noise sources associated with the Proposed Project include recreational and park activities, noise associated with the proposed community center/amphitheater, and noise associated with the proposed fire station.
Project Land Use Compatibility
The City’s General Plan establishes noise/land use compatibility standards within the Land Use Compatibility for Community Noise Exposure Table (Table N-1 of the General Plan Noise Element). The compatibility standards for playgrounds and neighborhood park uses, such as those proposed by the Project, establish noise level standards of 70 dBA CNEL or lower, as defined by the presented in the General Plan. The City’s allowable noise level standards are applicable to new projects and act as a tool to gauge the compatibility of new land uses relative to existing noise levels. In the case that the noise levels identified at the Proposed Project Site fall under this standard, the Project is considered compatible with the existing noise environment. As previously stated, the Project proposes the development of a 27-acre park with parking, recreational amenities, a fire station, community center, and a diverse network of pedestrian and bicycling 1102
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trails. In order to quantify existing ambient noise levels in the Project Area, ECORP conducted three shortterm noise measurements and one long term noise measurement from May 9th, 2023, to May 10th, 2023.
The short-term noise measurement sites were representative of typical existing noise exposure within and immediately adjacent to the Project Site and are considered representative of the noise levels throughout the day. The long-term noise measurement is general representative of ambient noise levels experienced by the Site, as an average of day-night noise, with additional weighting added to noise during noise sensitive, nighttime hours. As shown in Table 3-1, the ambient recorded noise levels range from 44.5 to 65.6 dBA Leq over the course of the three short-term noise measurements taken in the Project vicinity. The ambient noise levels recorded by the long-term measurement indicate that the Project currently experiences a noise level of 57.0 CNEL dBA. As these noise levels fall below the noise standard, the Project Site is considered an appropriate noise environment to locate the proposed community park land use.
Operational Traffic Noise
The Project proposes to construct a 27-acre park with parking, recreational amenities, a fire station, community center, and a diverse network of pedestrian and bicycling trails. According to the ITE 10th and the 11th Edition Trip Generation Manuals, the Proposed Project is anticipated to generate a total of 253 daily weekday trips and 281 average daily weekend trips. The calculated noise levels as a result of Project traffic at affected sensitive land uses are compared against the City’s protective standard of 60 dBA CNEL promulgated by Policy N 1.3. Using the FHWA roadway noise prediction model, the Project’s traffic noise in conjunction with the estimated existing traffic noise, would equate to 50.1 dBA Ldn, with a total of daytime noise of 49.8 dBA Leq, and a total nighttime noise of 41.3 dBA Leq (see Attachment C). The operations of the Proposed Project are expected to occur mainly during daytime hours. The calculated Project traffic noise levels are below the noise standard established by the City for the protection of sensitive land uses surrounding the Project Site. Thus, the Proposed Project would not result in a transportation noise exposure in excess of standards.
Additionally, it is noted from the Caltrans Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013) that a doubling of traffic on a roadway is required to result in an increase of 3 dB (outside of the laboratory, a 3-dBA change is considered a just-perceivable difference). In the area surrounding the Project Site, there are over 198 single family homes in the area that would use Wildomar Trail Road as a primary route of travel. According to the Institute of Transportation Engineers’ 10th Edition Trip Generation Manual (2017), single family homes generate an average of 9.44 trips daily, and therefore these 198 existing and planned residences could be expected to contribute up to 1,870 traffic trips daily on Wildomar Trail Road (9.44 x 198 = 1,870). Additionally, Ronald Reagan Elementary School is accessible from Wildomar Trail Road as well. According to the Institute of Transportation Engineers’ Trip Generation Manual, 10th Edition, elementary schools will contribute approximately 1.51 average daily trips per elementary school student.
According to Ronald Reagan Elementary School’s official website, the school most recently had 560 enrolled students, which would contribute up to 846 average daily trips. In total, it can be expected that Wildomar Trail Road can expect up to 2,716 average daily trips per day. Thus, the Project’s contribution of 253 daily weekday trips and 281 average daily weekend trips would not result in a doubling of traffic or a perceivable difference in traffic noise.
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Operational Onsite Noise
As previously mentioned, operational noise sources associated with the Proposed Project include recreational and park activities, noise associated with the proposed community center/amphitheater, and noise associated with the proposed fire station. The noises associated with the fire station may include sirens from emergency vehicles, backup beepers, training activities and routine firehouse activities.
A previously stated, Section 9.48.020 of the City’s Municipal Code exempts the sound from public safety personnel in the course of executing their official duties, including, but not limited to, sworn peace officers, emergency personnel and public utility personnel. This exemption includes, without limitation, sound emanating from all equipment used by such personnel, whether stationary or mobile. As such, the noise produced (sirens) from emergency vehicles (firetrucks and emergency response vehicles) is exempt from noise standards in the City. Nonetheless, a full discussion of predicted sound levels generated by emergency vehicles has been included for disclosure purposes. The exempt onsite operational noise as a result the fire station is discussed below, as well as a full discussion of all ‘non-exempt’ onsite operational noise sources, as modeled by SoundPLAN.
Exempt Onsite Stationary Noise
The Project is proposing the construction of an 8,700 SF fire station. Due to the nature of this Project, it would be a source of noise due to emergency activities such as sirens from emergency vehicles. As previously mentioned, Section 9.48.020 of the City’s Municipal Code exempts such noise from noise standards since it is associated with emergencies. Nonetheless, a full discussion of medical emergencyrelated noise sources has been included for informational purposes.
Emergency Sirens
Residential receptors and other noise-sensitive land uses in the immediate vicinity of the Project would experience periodic exposure to siren noise. The potential adverse effects of noise associated with the use of emergency vehicle sirens on the quality of life of nearby residents is often a concern in development of new fire stations. Federal regulation limits emergency siren noise to 123 dBA at 10 feet. Factoring an attenuation rate of approximately 6 dBA per doubling of distance from the source equates to a noise level of approximately 103.5 dBA at 100 feet. Since emergency vehicle response is by nature rapid, the duration of exposure to this peak noise level is estimated to last for a maximum of 10 to 20 seconds as emergency vehicles enter and exit the western boundary of Project Site, where the station is to be located. Thus, receptors would be exposed to very short-duration high noise levels for approximately 10 to 20 seconds for each emergency response event. Further, it is typical practice for emergency vehicles to use sirens to break traffic at intersections or warn drivers of the emergency vehicle approach when traffic is congested.
It is not unlikely in minor emergency scenarios that a siren is not used. Responses to nighttime emergency calls, when nuisance noise is most noticeable, routinely occur without the use of sirens when possible. It is also noted that the manner in which older homes in California were constructed generally provides a reduction of exterior-to-interior noise levels of about 20 to 25 dBA with closed windows (Caltrans 2002). 1104
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The exterior-to-interior reduction of newer residential units is generally 30 dBA or more (Harris Miller, Miller & Hanson Inc. 2006).
A key focus of analysis with regard to noise is the potential for long-term exposure to higher noise levels (i.e., continuous, involuntary exposure for many hours per day over a long period of time) that may adversely affect human health. As a result of this emphasis, noise standards focus on increases in long-term exposure to ongoing average noise levels rather than infrequent short-duration peak effects. Siren noise from intermittent emergency vehicle trips sourced from the Project Site would not substantially change the community noise level for the Project vicinity as the intermittent siren use would not constitute a significant change in the existing noise environment.
Onsite Operational Noise
On-site noise associated with the Proposed Project has been calculated using the SoundPLAN 3D noise model. The SoundPLAN 3D Noise Model analysis was derived from information provided in Section 1.1, Project Description. According to the details from the proposed operations, both a daytime scenario and a nighttime scenario were modeled. The daytime modeling scenario includes all the features of the Proposed Project, namely the parking lots, standard day-to-day activities surrounding the fire station building, recreational play areas, volleyball courts, the community center building, and amphitheater. The nighttime modeling scenario includes only the amphitheater, the associated parking lot, and the proposed buildings on the Site. Reference noise measurements representing the parking lot, community center/amphitheater, and recreational play areas were previously taken by ECORP Consulting. Reference noise levels representing volleyball courts were provided from the SoundPLAN Noise Library.
For the purposes of this analysis, the City of Wildomar exterior noise standards for the nearby receptors are used to evaluate Project related impacts from onsite noise. Table 5-2 shows the predicted Project noise levels at nine nearby sensitive receptors constituting of eight residences and Ronald Reagan Elementary School. Additionally, a noise contour graphic for each scenario (see Figure 5-1 and Figure 5-2) has been prepared to provide a visual depiction of the predicted noise levels in the Project vicinity from Project operations.
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Ronald Reagan Park Project 24 June 20232022-252.03
Table 5-2. Calculated Operational Onsite Noise
Location
Modeled Operational
Noise
(daytime/nighttime)
City Exterior Noise
Standards (dBA Leq)
(daytime/nighttime)
Exceed
Standards?
#1 Residence on El Diamante Drive 43.8 / 36.7 55 / 45 No #2 Residence on El Diamante Drive 43.8 / 36.7 55 / 45 No #3 Residence on El Diamante Drive 44.1 / 36.9 55 / 45 No #4 Residence on El Diamante Drive 44.0 / 36.4 55 / 45 No #5 Residence on El Diamante Drive 43.6 / 35.4 55 / 45 No #6 Residence on Susan Drive 46.6 / 37.2 55 / 45 No
#7 Residence on Susan Drive 41.3 / 29.2 55 / 45 No
#8 Residence on Steven Drive 51.0 / 27.3 55 / 45 No
#9 Ronald Reagan Elementary School 48.1 / 37.9 65 / 55 No Source: SoundPLAN version 8.2. Refer to Attachment D for Model Data Outputs As shown in Table 5-2, Project operational noise would not exceed the daytime or nighttime noise standards at any location.
1106
2022-252.03 Ronald Regan Park Project
Map Date: 6/14/2023
Photo (or Base) Source: SoundPLAN
Figure 5-1 SoundPLAN Daytime Noise Contour
43.8 dBA
44.1 dBA
44.0 dBA
43.6dBA
46.6 dBA
41.3 dBA
51.0 dBA
48.1 dBA
Volleyball
Courts
Playground
43.8 dBA
Parking
Lot Parking Lot
Ampitheater
Playground
Parking
Lot
Parking Lot
Community
Center -->
Fire Station---->
1107
2022-252.03 Ronald Regan Park Project
Map Date: 6/14/2023
Photo (or Base) Source: SoundPLAN
Figure 5-2 SoundPLAN Nighttime Noise Contour
36.7 dBA
36.9 dBA
36.4 dBA
35.4 dBA
29.2 dBA
27.3 dBA
27.3 dBA
37.9 dBA
36.7 dBA
Ampitheater
Parking
Lot
Community
Center -->
Fire Station -->
1108
Noise Impact Assessment for the Ronald Reagan Park Project ECORP Consulting Inc.
Ronald Reagan Park Project 27 June 20232022-252.03
5.3.3 Would the Project Expose Structures to Substantial Groundborne Vibration During Construction?
Excessive groundborne vibration impacts result from continuously occurring vibration levels. Increases in groundborne vibration levels attributable to the Project would be primarily associated with short-term construction-related activities. Construction on the Project Site would have the potential to result in varying degrees of temporary groundborne vibration, depending on the specific construction equipment used and the operations involved. Ground vibration generated by construction equipment spreads through the ground and diminishes in magnitude with increases in distance.
Construction-related ground vibration is normally associated with impact equipment such as pile drivers, jackhammers, and the operation of some heavy-duty construction equipment, such as dozers and trucks. It is not anticipated that pile drivers or jackhammers would be necessary during Project construction. Vibration decreases rapidly with distance, and it is acknowledged that construction activities would occur throughout the Project Site and would not be concentrated at the point closest to sensitive receptors. Groundborne vibration levels associated with construction equipment are summarized in Table 5-3.
Table 5-3. Representative Vibration Source Levels for Construction Equipment Equipment Type Peak Particle Velocity at 25 Feet (inches per second)
Large Bulldozer 0.089
Pile Driver 0.170
Loaded Trucks 0.076
Hoe Ram 0.089
Jackhammer 0.035
Small Bulldozer/Tractor 0.003
Vibratory Roller 0.210
Source: FTA 2018; Caltrans 2020b
The City of Wildomar does not promulgate a threshold for assessing groundborne vibrations. For comparison purposes, the County of Riverside standard of 0.01 inch per second RMS for assessing groundborne vibration from rail-related activities, promulgated by County General Plan Policy N 16.3, is used as a threshold. As identified in Table 2-2 above, this level of ground vibration equates to the range of human perception and is unlikely to cause damage to any type of building. Consistent with FTA recommendations for calculating construction vibration, construction vibration was measured from the center of the Project Site (FTA 2018). The nearest structure of concern to the construction site, with regard to groundborne vibrations, is Ronald Reagan Elementary School, approximately 362 feet from the center of the Site.
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Noise Impact Assessment for the Ronald Reagan Park Project ECORP Consulting Inc.
Ronald Reagan Park Project 28 June 20232022-252.03
Based on the representative vibration levels presented for various construction equipment types in Table 5-3 and the construction vibration assessment methodology published by the FTA (2018), it is possible to estimate the potential project construction vibration levels. The FTA provides the following equation:
[PPVequip = PPVref x (25/D)1.5]
Table 5-4 presents the expected Project related vibration levels at a distance of 362 feet.
Table 5-4 Construction Vibration Levels at 362 Feet
Receiver PPV Levels (in/sec)1
Peak
Vibration
RMS
Velocity
Levels2 Threshold Exceed Threshold?
Large Bulldozer,
Caisson Drilling,
& Hoe Ram
Loaded Trucks Jackhammer Pile Driver Vibratory
Roller
0.0016 0.0016 0.0006 0.0031 0.0038 0.0038 0.002 0.01 No Notes: 1Based on the Vibration Source Levels of Construction Equipment included on Table 5-4 (FTA 2018). Distance to the nearest structure of concern is approximately 362 feet measured from Project Site center. 2Vibration levels in PPV are converted to RMS velocity using a 0.70 conversion factor identified by Caltrans (2020b).
As shown in Table 5-4, vibration as a result of onsite construction activities on the Project Site would not exceed 0.01 PPV at the nearest structure. Thus, onsite Project construction would not exceed the threshold.
5.3.4 Would the Project Expose Structures to Substantial Groundborne Vibration During Operations?
Project operations would not include the use of any stationary equipment that would result in excessive vibration levels. The Project would not accommodate any heavy-duty trucks or equipment. Therefore, the Project would result in negligible groundborne vibration impacts during operations.
5.3.5 Would the Project Expose People Residing or Working in the Project area to Excessive Airport Noise?
The nearest airport to the Project Area is the French Valley Airport located approximately 6.86 miles to the southeast. The Project Area is not located within the French Valley Airport influence area or compatibility zone (Riverside County Airport Land Use Commission 2017). Implementation of the Proposed Project would not affect airport operations, nor result in increased exposure of those on the Project Site to aircraft noise. 1110
Noise Impact Assessment for the Ronald Reagan Park Project ECORP Consulting Inc.
Ronald Reagan Park Project 29 June 20232022-252.03
6.0 REFERENCES
Caltrans (California Department of Transportation). 2020a. IS/EA Annotated Outline. http://www.dot.ca.gov/ser/vol1/sec4/ch31ea/chap31ea.htm. _____. 2020b. Transportation and Construction Vibration Guidance Manual. _____. 2018. Traffic Census Program: 2017 Traffic Volumes. https://dot.ca.gov/programs/trafficoperations/census _____. 2002. California Airport Land Use Planning Handbook FHWA (Federal Highway Administration). 2017. Construction Noise Handbook. https://www.fhwa.dot.gov/Environment/noise/construction_noise/handbook/handbook02.cfm. _____. 2011. Effective Noise Control During Nighttime Construction. Available online at:
http://ops.fhwa.dot.gov/wz/workshops/accessible/schexnayder_paper.htm. _____. 2006. Roadway Construction Noise Model.
FTA (Federal Transit Administration). 2018. Transit Noise and Vibration Impact Assessment.
Harris Miller, Miller & Hanson Inc. 2006. Transit Noise and Vibration Impact Assessment, Final Report.
OPR (Office of Planning and Research). 2003. State of California General Plan Guidelines.
Riverside, County of. 2015. County of Riverside General Plan Noise Element. _____.2022. County of Riverside Municipal Code.
Riverside County Airport Land Use Commission. 2017. French Valley.
Root, Kyle. 2013. Firefighter Noise Exposure During Training Activities and General Equipment Use. Journal of Occupational Environmental Hygiene. March Issue.
https://www.researchgate.net/publication/235002905_Firefighter_Noise_Exposure_During_Trainin g_Activities_and_General_Equipment_Use
Western Electro-Acoustic Laboratory, Inc. 2000. Sound Transmission Sound Test Laboratory Report No. TL 96-186.
Wildomar, City of. 2022. Municipal Code. https://library.qcode.us/lib/wildomar_ca/pub/municipal_code 1111
LIST OF ATTACHMENTS
Attachment A - Baseline (Existing) Noise Measurements – Project Site and Vicinity Attachment B – Federal Highway Administration Roadway Construction Noise Outputs Attachment C – Federal Highway Administration Highway Noise Prediction Model (FHWA-RD77-108) Outputs – Traffic Noise Attachment D – SoundPLAN Onsite Noise Generation
1112
ATTACHMENT A
Baseline (Existing) Noise Measurements – Project Site and Vicinity 1113
1114
Site Number: 1
Recorded By: Lindsay Liegler
Job Number: 2022-252.03
Date: 5/9/2023
Time: 9:55 a.m. – 10:10 a.m.
Location: Southwest of intersection of Plata Court and El Diamante Drive and La Estrella Drive Source of Peak Noise: Vehicles along El Diamante Drive and Plata Court Noise Data
Leq (dB) Lmin (dB) Lmax (dB) Peak (dB)
44.5 40.0 59.4 90.2
Equipment
Category Type Vendor Model Serial No. Cert. Date Note
Sound
Sound Level Meter Larson Davis LxT SE 0005120 12/14/2022 Microphone Larson Davis 377B02 334361 12/14/2022
Preamp Larson Davis PRMLxT1L 042852 12/14/2022
Calibrator Larson Davis CAL200 14105 12/14/2022
Weather Data
Est.
Duration: 15 mins Sky: Overcast
Note: dBA Offset = 0.05 Sensor Height (ft): 3.5
Wind Ave Speed (mph) Temperature (degrees Fahrenheit) Barometer Pressure (hPa) 6 57 30.00
Photo of Measurement Location
1115
Measurement Report
Report Summary
Meter's File Name LxT_Data.475.s Computer's File Name LxTse_0005120-20230509 095535-LxT_Data.475.ldbin Meter LxT SE 0005120 Firmware 2.404
User Location
Job Description
Note
Start Time 2023-05-09 09:55:35 Duration 0:15:00.4
End Time 2023-05-09 10:10:36 Run Time 0:15:00.4 Pause Time 0:00:00.0 Pre-Calibration 2023-05-09 09:51:18 Post-Calibration None Calibration Deviation --- Results
Overall Metrics
LAeq
44.5 dB
LAE 74.0 dB SEA --- dB
EA 2.8 µPa²h
LZpeak 90.2 dB 2023-05-09 10:02:19
LASmax
59.4 dB 2023-05-09 09:57:24
LASmin 40.0 dB 2023-05-09 09:58:33
LAeq 44.5 dB
LCeq 56.9 dB LCeq - LAeq 12.4 dB
LAIeq 47.4 dB LAIeq - LAeq 2.9 dB
Exceedances Count Duration
LAS > 85.0 dB 0 0:00:00.0
LAS > 115.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight
44.5 dB 44.5 dB 0.0 dB
LDEN LDay LEve LNight
44.5 dB 44.5 dB --- dB --- dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 44.5 dB 56.9 dB --- dB
Ls(max) 59.4 dB 2023-05-09 09:57:24 --- dB None --- dB None LS(min) 40.0 dB 2023-05-09 09:58:33 --- dB None --- dB None L
Peak(max) --- dB None --- dB None 90.2 dB 2023-05-09 10:02:19 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 1 0:00:00.2
Statistics
LAS 5.0 47.9 dB
LAS 10.0 45.8 dB
LAS 33.3 43.6 dB
LAS 50.0 42.9 dB
LAS 66.6 42.3 dB
LAS 90.0 41.2 dB
1116
1117
Site Number: 2
Recorded By: Lindsay Liegler
Job Number: 2022-252.03
Date: 5/9/2023
Time: 10:14 a.m. – 10:30 a.m.
Location: Corner of Wildomar Trail and Doheny Circle
Source of Peak Noise: Vehicles along Wildomar Trail
Noise Data
Leq (dB) Lmin (dB) Lmax (dB) Peak (dB)
62.6 39.1 81.0 101.3
Equipment
Category Type Vendor Model Serial No. Cert. Date Note
Sound
Sound Level Meter Larson Davis LxT SE 0005120 12/14/2022 Microphone Larson Davis 377B02 334361 12/14/2022
Preamp Larson Davis PRMLxT1L 042852 12/14/2022
Calibrator Larson Davis CAL200 14105 12/14/2022
Weather Data
Est.
Duration: 15 mins Sky: Overcast
Note: dBA Offset = 0.05 Sensor Height (ft): 3.5
Wind Ave Speed (mph) Temperature (degrees Fahrenheit) Barometer Pressure (hPa) 6 57 30.00
Photo of Measurement Location
1118
Measurement Report
Report Summary
Meter's File Name LxT_Data.476.s Computer's File Name LxTse_0005120-20230509 101438-LxT_Data.476.ldbin Meter LxT SE 0005120 Firmware 2.404
User Location
Job Description
Note
Start Time 2023-05-09 10:14:38 Duration 0:15:53.1
End Time 2023-05-09 10:30:31 Run Time 0:15:53.1 Pause Time 0:00:00.0 Pre-Calibration 2023-05-09 09:51:18 Post-Calibration None Calibration Deviation --- Results
Overall Metrics
LAeq
62.6 dB
LAE 92.4 dB SEA --- dB
EA 192.7 µPa²h
LZpeak 101.3 dB 2023-05-09 10:22:54
LASmax
81.0 dB 2023-05-09 10:22:56
LASmin 39.1 dB 2023-05-09 10:14:38
LAeq 62.6 dB
LCeq 70.6 dB LCeq - LAeq 8.0 dB
LAIeq 65.5 dB LAIeq - LAeq 2.9 dB
Exceedances Count Duration
LAS > 85.0 dB 0 0:00:00.0
LAS > 115.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight
62.6 dB 62.6 dB 0.0 dB
LDEN LDay LEve LNight
62.6 dB 62.6 dB --- dB --- dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 62.6 dB 70.6 dB --- dB
Ls(max) 81.0 dB 2023-05-09 10:22:56 --- dB None --- dB None LS(min) 39.1 dB 2023-05-09 10:14:38 --- dB None --- dB None L
Peak(max) --- dB None --- dB None 101.3 dB 2023-05-09 10:22:54 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 11 0:00:28.9
Statistics
LAS 5.0 69.9 dB
LAS 10.0 67.1 dB
LAS 33.3 54.9 dB
LAS 50.0 49.2 dB
LAS 66.6 46.8 dB
LAS 90.0 44.9 dB
1119
1120
Site Number: 3
Recorded By: Lindsay Liegler
Job Number: 2022-252.03
Date: 5/9/2023
Time: 10:32 a.m. – 10:47 a.m.
Location: Southeast intersection of La Estrella Drive and Iodine Springs Source of Peak Noise: Vehicles along roadways
Noise Data
Leq (dB) Lmin (dB) Lmax (dB) Peak (dB)
58.8 42.7 76.3 96.9
Equipment
Category Type Vendor Model Serial No. Cert. Date Note
Sound
Sound Level Meter Larson Davis LxT SE 0005120 12/14/2022 Microphone Larson Davis 377B02 334361 12/14/2022
Preamp Larson Davis PRMLxT1L 042852 12/14/2022
Calibrator Larson Davis CAL200 14105 12/14/2022
Weather Data
Est.
Duration: 15 mins Sky: Overcast
Note: dBA Offset = 0.05 Sensor Height (ft): 3.5
Wind Ave Speed (mph) Temperature (degrees Fahrenheit) Barometer Pressure (hPa) 6 57 30.00
Photo of Measurement Location
1121
Measurement Report
Report Summary
Meter's File Name LxT_Data.477.s Computer's File Name LxTse_0005120-20230509 103238-LxT_Data.477.ldbin Meter LxT SE 0005120 Firmware 2.404
User Location
Job Description
Note
Start Time 2023-05-09 10:32:38 Duration 0:14:59.9
End Time 2023-05-09 10:47:38 Run Time 0:14:59.9 Pause Time 0:00:00.0 Pre-Calibration 2023-05-09 09:51:18 Post-Calibration None Calibration Deviation --- Results
Overall Metrics
LAeq
58.8 dB
LAE 88.3 dB SEA --- dB
EA 75.8 µPa²h
LZpeak 96.9 dB 2023-05-09 10:38:16
LASmax
76.3 dB 2023-05-09 10:36:16
LASmin 42.7 dB 2023-05-09 10:34:49
LAeq 58.8 dB
LCeq 64.8 dB LCeq - LAeq 6.0 dB
LAIeq 61.8 dB LAIeq - LAeq 3.0 dB
Exceedances Count Duration
LAS > 85.0 dB 0 0:00:00.0
LAS > 115.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight
58.8 dB 58.8 dB 0.0 dB
LDEN LDay LEve LNight
58.8 dB 58.8 dB --- dB --- dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 58.8 dB 64.8 dB --- dB
Ls(max) 76.3 dB 2023-05-09 10:36:16 --- dB None --- dB None LS(min) 42.7 dB 2023-05-09 10:34:49 --- dB None --- dB None L
Peak(max) --- dB None --- dB None 96.9 dB 2023-05-09 10:38:16 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 10 0:00:25.6
Statistics
LAS 5.0 64.4 dB
LAS 10.0 58.2 dB
LAS 33.3 48.7 dB
LAS 50.0 47.1 dB
LAS 66.6 46.1 dB
LAS 90.0 44.5 dB
1122
1123
Site Number: 4 - Long Term
Recorded By: Lindsay Liegler
Job Number: 2022-252.03
Date: 5/9/2023 – 5/10/2023
Time: 10:59 a.m. – 10:59 a.m.
Location: On Project Site, approximately 30 feet west of Wildomar Trail Source of Peak Noise: Vehicles along El Diamante Drive and Plata Court Noise Data
Leq (dB) Lmin (dB) Lmax (dB) Ldn (dB)
52.9 30.5 86.5 56.7
Equipment
Category Type Vendor Model Serial No. Cert. Date Note
Sound
Sound Level Meter Larson Davis LxT SE 0005120 12/14/2022 Microphone Larson Davis 377B02 334361 12/14/2022
Preamp Larson Davis PRMLxT1L 042852 12/14/2022
Calibrator Larson Davis CAL200 14105 12/14/2022
Weather Data
Est.
Duration: 24 hour Sky: Overcast
Note: dBA Offset = 0.05 Sensor Height (ft): 3.5
Wind Ave Speed (mph) Temperature (degrees Fahrenheit) Barometer Pressure (hPa) 6 57 30.00
Photo of Measurement Location
1124
Measurement Report
Report Summary
Meter's File Name LxT_Data.478.s Computer's File Name LxTse_0005120-20230509 105959-LxT_Data.478.ldbin Meter LxT SE 0005120 Firmware 2.404
User Location
Job Description
Note
Start Time 2023-05-09 10:59:59 Duration 24:00:00.0
End Time 2023-05-10 10:59:59 Run Time 24:00:00.0 Pause Time 0:00:00.0 Pre-Calibration 2023-05-09 09:51:18 Post-Calibration None Calibration Deviation --- Results
Overall Metrics
LAeq
52.9 dB
LAE 102.3 dB SEA 131.6 dB
EA 1.9 mPa²h
LZpeak 121.6 dB 2023-05-10 10:59:42
LASmax
86.5 dB 2023-05-10 10:55:22
LASmin 30.5 dB 2023-05-10 02:32:02
LAeq 52.9 dB
LCeq 65.2 dB LCeq - LAeq 12.3 dB
LAIeq 58.5 dB LAIeq - LAeq 5.6 dB
Exceedances Count Duration
LAS > 85.0 dB 3 0:00:03.4
LAS > 115.0 dB 0 0:00:00.0
LZpeak > 135.0 dB 0 0:00:00.0
LZpeak > 137.0 dB 0 0:00:00.0
LZpeak > 140.0 dB 0 0:00:00.0
Community Noise LDN LDay LNight
56.7 dB 54.2 dB 0.0 dB
LDEN LDay LEve LNight
57.0 dB 54.8 dB 50.6 dB 49.1 dB
Any Data A C Z
Level Time Stamp Level Time Stamp Level Time Stamp
Leq 52.9 dB 65.2 dB --- dB
Ls(max) 86.5 dB 2023-05-10 10:55:22 --- dB None --- dB None LS(min) 30.5 dB 2023-05-10 02:32:02 --- dB None --- dB None L
Peak(max) --- dB None --- dB None 121.6 dB 2023-05-10 10:59:42 Overloads Count Duration OBA Count OBA Duration
0 0:00:00.0 131 0:08:09.5
Statistics
LAS 5.0 55.9 dB
LAS 10.0 53.7 dB
LAS 33.3 48.1 dB
LAS 50.0 45.8 dB
LAS 66.6 43.5 dB
LAS 90.0 39.2 dB
1125
ATTACHMENT B
Federal Highway Administration Roadway Construction Noise Outputs
1126
Report date: 6/12/2023
Case Description: Site Preparation
Description Land Use
Site Preparation School
Equipment
Spec Actual Receptor
Impact Lmax Lmax Distance
Description Device Usage(%) (dBA) (dBA) (feet)
Dozer No 40 81.7 362
Dozer No 40 81.7 362
Dozer No 40 81.7 362
Tractor No 40 84 362
Tractor No 40 84 362
Tractor No 40 84 362
Tractor No 40 84 362
Calculated (dBA)
Equipment *Lmax Leq
Dozer 64.5 60.5
Dozer 64.5 60.5
Dozer 64.5 60.5
Tractor 66.8 62.8
Tractor 66.8 62.8
Tractor 66.8 62.8
Tractor 66.8 62.8
Total 66.8 70.4
*Calculated Lmax is the Loudest value.
Roadway Construction Noise Model (RCNM),Version 1.1
1127
Report date: 6/12/2023
Case Description: Grading
Description Land Use
Grading School
Equipment
Spec Actual Receptor
Impact Lmax Lmax Distance
Description Device Usage(%) (dBA) (dBA) (feet)
Excavator No 40 80.7 362
Excavator No 40 80.7 362
Grader No 40 85 362
Dozer No 40 81.7 362
Scraper No 40 83.6 362
Scraper No 40 83.6 362
Tractor No 40 84 362
Tractor No 40 84 362
Calculated (dBA)
Equipment *Lmax Leq
Excavator 63.5 59.5
Excavator 63.5 59.5
Grader 67.8 63.8
Dozer 64.5 60.5
Scraper 66.4 62.4
Scraper 66.4 62.4
Tractor 66.8 62.8
Tractor 66.8 62.8
Total 67.8 71
*Calculated Lmax is the Loudest value.
Roadway Construction Noise Model (RCNM),Version 1.1
1128
Report date: 6/12/2023
Case Description: Building, Paving, and Painting
Description Land Use
School
Equipment
Spec Actual Receptor
Impact Lmax Lmax Distance
Description Device Usage(%) (dBA) (dBA) (feet)
Crane No 16 80.6 362
Gradall No 40 83.4 362
Gradall No 40 83.4 362
Gradall No 40 83.4 362
Tractor No 40 84 362
Tractor No 40 84 362
Tractor No 40 84 362
Welder / Torch No 40 74 362
Paver No 50 77.2 362
Paver No 50 77.2 362
Pavement Scarafier No 20 89.5 362
Pavement Scarafier No 20 89.5 362
Roller No 20 80 362
Roller No 20 80 362
Compressor (air) No 40 77.7 362
Generator No 50 80.6 362
Calculated (dBA)
Equipment *Lmax Leq
Crane 63.4 55.4
Gradall 66.2 62.2
Gradall 66.2 62.2
Gradall 66.2 62.2
Tractor 66.8 62.8
Tractor 66.8 62.8
Tractor 66.8 62.8
Welder / Torch 56.8 52.8
Paver 60 57
Paver 60 57
Pavement Scarafier 72.3 65.3
Pavement Scarafier 72.3 65.3
Roller 62.8 55.8
Roller 62.8 55.8
Compressor (air) 60.5 56.5
Generator 63.4 60.4
Total 72.3 73.3
*Calculated Lmax is the Loudest value.
Building, Paving, and
Painting
Roadway Construction Noise Model (RCNM),Version 1.1
1129
ATTACHMENT C
Federal Highway Administration Highway Noise Prediction Model (FHWA-RD-77-108) Outputs – Traffic Noise
1130
TRAFFIC NOISE LEVELS
Project Number: 2022-252.03
Project Name: Ronald Reagan Park Project
Background InformationModel Description: FHWA Highway Noise Prediction Model (FHWA-RD-77-108) with California Vehicle Noise (CALVENO) Emission Levels.Analysis Scenario(s): Existing Source of Traffic Volumes: ITE 10th Edition Community Noise Descriptor: Ldn: x CNEL: Assumed 24-Hour Traffic Distribution: Day Evening NightTotal ADT Volumes 77.70% 12.70% 9.60%Medium-Duty Trucks 87.43% 5.05% 7.52%Heavy-Duty Trucks 89.10% 2.84% 8.06%Traffic Noise Levels Peak Design Dist. from Barrier Vehicle Mix Peak Hour 24-Hour Analysis Condition Median Hour ADT Speed Center to Alpha Attn. Medium Heavy dB(A) dB(A) Roadway Segment Land Use Lanes Width Volume Volume (mph) Receptor1 Factor dB(A) Trucks Trucks Leq Ldn Wildomar Trail Road North of La Estrella Residential 2 0 301.778 2,716 25 100 1 0 1.8% 0.7% 51.2 49.6 Ronald Reagan Park -existing ECORP Consulting 6/15/2023 1131
TRAFFIC NOISE LEVELS
Project Number: 2022-252.03
Project Name: Ronald Reagan Park Project
Background InformationModel Description: FHWA Highway Noise Prediction Model (FHWA-RD-77-108) with California Vehicle Noise (CALVENO) Emission Levels.Analysis Scenario(s): Existing +ProjectSource of Traffic Volumes: ITE 10th Edition Community Noise Descriptor: Ldn: x CNEL: Assumed 24-Hour Traffic Distribution: Day Evening NightTotal ADT Volumes 77.70% 12.70% 9.60%Medium-Duty Trucks 87.43% 5.05% 7.52%Heavy-Duty Trucks 89.10% 2.84% 8.06%Traffic Noise Levels Peak Design Dist. from Barrier Vehicle Mix Peak Hour 24-Hour Analysis Condition Median Hour ADT Speed Center to Alpha Attn. Medium Heavy dB(A) dB(A) Roadway Segment Land Use Lanes Width Volume Volume (mph) Receptor1 Factor dB(A) Trucks Trucks Leq Ldn Wildomar Trail Road North of La Estrella Residential 2 0 333 2,997 25 100 1 0 1.8% 0.7% 51.6 50.1 Ronald Reagan Park -existing + project ECORP Consulting 6/15/2023 1132
ATTACHMENT D
SoundPLAN Onsite Noise Generation
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SoundPLAN
Output Source Information
Number Receiver Name Floor Level at Receiver
1 #1 Residence on El Diamante Drive Ground Floor 43.8 dBA 2 #2 Residence on El Diamante Drive Ground Floor 43.8 dBA 3 #3 Residence on El Diamante Drive Ground Floor 44.1 dBA 4 #4 Residence on El Diamante Drive Ground Floor 44.0 dBA 5 #5 Residence on El Diamante Drive Ground Floor 43.6 dBA 6 #6 Residence on Susan Drive Ground Floor 46.6 dBA7 #7 Residence on Susan Drive Ground Floor 41.3 dBA8 #8 Residence on Steven Drive Ground Floor 51.0 dBA9 #9 Ronald Reagan Elementary School Ground Floor 48.1 dBA Number Noise Source Information Citation Level at Source 2 Non busy Parking Lot Activity ECORP Noise Measurements 51.0 dBA 3 City Playground ECORP Noise Measurements 59.0 dBA
4 Recreational Beach Volleyball Game SoundPLAN Noise Library 84.0 dBA 5 Concert ECORP Noise Measurements 71.7 dBA
Ronald Reagan Park Daytime Noise Activity
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SoundPLAN
Output Source Information
Number Receiver Name Floor Level at Receiver
1 #1 Residence on El Diamante Drive Ground Floor 36.7 dBA 2 #2 Residence on El Diamante Drive Ground Floor 36.7 dBA 3 #3 Residence on El Diamante Drive Ground Floor 36.9 dBA 4 #4 Residence on El Diamante Drive Ground Floor 36.4 dBA 5 #5 Residence on El Diamante Drive Ground Floor 35.4 dBA 6 #6 Residence on Susan Drive Ground Floor 37.2 dBA7 #7 Residence on Susan Drive Ground Floor 29.2 dBA8 #8 Residence on Steven Drive Ground Floor 27.3 dBA9 #9 Ronald Reagan Elementary School Ground Floor 37.9 dBA Number Noise Source Information Citation Level at Source 2 Non busy Parking Lot Activity ECORP Noise Measurements 51.0 dBA 3 City Playground ECORP Noise Measurements 59.0 dBA
4 Recreational Beach Volleyball Game SoundPLAN Noise Library 84.0 dBA 5 Concert ECORP Noise Measurements 71.7 dBA
Ronald Reagan Park Nighttime Noise Activity
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October 2023 | Response to Comments
State Clearinghouse No. 2023080213
27-ACRE PARK PROJECT (CIP 062-1)
City of Wildomar
Prepared for:
City of Wildomar
Matthew Bassi, Community Development Director
23873 Clinton Keith Road, Suite 110
Wildomar, California 92595
951.677.7751
Prepared by:
PlaceWorks
Mark Teague, AICP, Principal
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
714.966.9220
[email protected]
www.placeworks.com
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Table of Contents
October 2023 Page i
W
SECTION PAGE
1. INTRODUCTION.............................................................................................................................. 1
1.1 BACKGROUND .................................................................................................................................................... 1
1.2 DOCUMENT FORMAT ..................................................................................................................................... 1
1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES .................................... 1
2. RESPONSE TO COMMENTS ......................................................................................................... 3
APPENDICES
Appendix A Mitigation Monitoring and Reporting Program
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1. Introduction
1.1 BACKGROUND
This document includes a compilation of the public comments received on the 27-Acre Park Project Initial Study and Mitigated Negative Declaration (collectively, MND; State Clearinghouse No. 2023080213) and the City of Wildomar’s (City’s) responses to those comments.
Under the California Environmental Quality Act (CEQA), a lead agency is not required to prepare formal responses to comments on an MND. However, CEQA requires the City to have adequate information on the record explaining why the comments do not affect the conclusion of the MND that there are no potentially significant environmental effects. In the spirit of public disclosure and engagement, the City, as the lead agency, has responded to all written comments submitted on the MND during the 30-day public review period, which began August 10, 2023, and ended September 8, 2023.
1.2 DOCUMENT FORMAT
Section 1, Introduction. This section describes CEQA requirements and the content of this document.
Section 2, Response to Comments. This section provides a list of agencies and persons commenting on the MND, copies of comment letters received during the public review period, and individual responses to written comments. To facilitate review of the responses, each comment letter has been reproduced and assigned a letter. Individual comments within each letter have been numbered, and the letter is followed by responses with references to the corresponding comment number.
Appendix A, Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program (MMRP) document lists all the mitigation measures required for implementation of the project, the phase in which the measures would be implemented, and the enforcement agency responsible for compliance.
The monitoring program provides (1) a mechanism for giving the lead agency staff and decision makers feedback on the effectiveness of their actions; (2) a learning opportunity for improved mitigation measures on future projects; and (3) a means of identifying corrective actions, if necessary, before irreversible environmental damage occurs.
1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES
CEQA Guidelines, Section 15204(b), outlines parameters for submitting comments on negative declarations, and reminds persons and public agencies that the focus of review and comment of MNDs should be on the proposed findings that the project will not have a significant effect on the environment. If the commenter believes that the project may have a significant effect, they should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant. 1140
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1. Introduction
CEQA Guidelines, Section 15204(c), further advises, “Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence.”
Section 15204(d) also states, “Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency’s statutory responsibility.” Section 15204 (e) states, “This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section.” Finally, CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to potentially significant environmental issues and do not need to provide all information requested by reviewers, as long as a good-faith effort at full disclosure is made in the environmental document. 1141
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2. Response to Comments
This section provides all written comments received on the circulated MND and the City’s response to each comment.
Comment letters and specific comments within those letters are assigned an alphanumeric designation for reference purposes. The following is a list of all comment letters received on the circulated MND during the 30-day public review period, which began August 10, 2023, and ended September 8, 2023.
Letter
Reference Commenting Person/Agency Date of Comment Page No.
A Riverside County Flood Control and Water Conservation District, Amy NcNeill, Engineering Project Manager September 7, 2023 4 1142
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2. Response to Comments
LETTER A – Riverside County Flood Control and Water Conservation District, Amy NcNeill, Engineering Project Manager (2 pages)
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2. Response to Comments
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2. Response to Comments
A. Response to Comments from Riverside County Flood Control and Water Conservation District, Amy McNeill, Engineering Project Manager, dated September 7, 2023.
A-1 The commenter states that the Riverside County Flood Control and Water Conservation District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The commenter states that the proposed project would not be impacted by the District Master Drainage Plan facilities or other regional facilities.
This comment has been noted and will be forwarded to decision makers.
A-2 The commenter states the project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. The commenter states that if the site is within a Federal Emergency Management Agency (FEMA)-mapped floodplain or if the project would impact a natural watercourse, the City should enforce state and federal requirements.
As stated in Section VI.10, Hydrology and Water Quality, of the MND, the project would comply with the NPDES regulations. The proposed project would also include the installation of biofiltration/bioretention areas to help mitigate stormwater/nonstormwater runoff pollution. Additionally, the site is not within a FEMA floodplain.
According to Section VI. 4, Biological Resources, of the MND, implementation of Mitigation Measure BIO-4 and Mitigation Measure BIO-5, which require the preparation of a formal Aquatic Resource Delineation and Determination of Biologically Equivalent or Superior Preservation, respectively, would reduce impacts to drainage features/wetlands.
Additionally, some of the sustainable design features of the proposed project include preserving the natural topography to the extent possible (including preservation of natural drainages) and installing pedestrian bridges over drainage courses instead of grading those areas and placing culverts.
A-3 The commenter states that the project applicant shall bear the responsibility for complying with all applicable mitigation measures that are indicated in the MND and MMRP. The commenter states that if a natural watercourse or mapped floodplain is impacted, the City shall require the applicant to obtain a Section 1602 Agreement and Section 401 Certification.
The project site is not within a floodplain, as indicated in Section VI. Hydrology and Water Quality, of the MND. According to Section VI. 4, Biological Resources, of the MND, implementation of Mitigation Measure BIO-4 and Mitigation Measure BIO-5, which require the preparation of a formal Aquatic Resource Delineation, as well as obtaining applicable permits (Section 1602, Section 404, Section 401 permits), and Determination of Biologically Equivalent or Superior Preservation, respectively, would reduce impacts to drainage features/wetlands. Additionally, some of the sustainable design features of the proposed project include preserving the natural topography to the extent possible (including preservation of natural drainages) and installing pedestrian bridges over 1145
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2. Response to Comments
October 2023 Page 7
drainage courses instead of grading those areas and placing culverts. The City would implement all mitigation measures as listed in the MMRP (see Appendix A to document).
A-4 The commenter states that if a natural watercourse or mapped floodplain is impacted, the City should require the applicant to obtain a Section 1602 Agreement and Section 401 Certification.
See response to Comment A-3.
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October 2023 | Mitigation Monitoring and Reporting Program State Clearinghouse No. 2023080213
27-ACRE PARK PROJECT
City of Wildomar
Prepared for:
City of Wildomar
Matthew Bassi, Community Development Director
23873 Clinton Keith Road, Suite 110
Wildomar, California 92595
951.677.7751
Prepared by:
PlaceWorks
Mark Teague, AICP, Principal
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
714.966.9220
[email protected]
www.placeworks.com
1147
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CITY OF WILDOMAR
Table of Contents
October 2023 Page i
Section Page
1. INTRODUCTION.............................................................................................................................. 1
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING PROGRAM............................ 1
1.2 PROJECT CHARACTERISTICS....................................................................................................................... 2
1.3 ENVIRONMENTAL IMPACTS........................................................................................................................ 2
2. MITIGATION MONITORING PROCESS......................................................................................... 5
2.1 MITIGATION MONITORING PROGRAM ORGANIZATION........................................................... 5
2.2 CITY OF WILDOMAR ....................................................................................................................................... 5
2.3 MITIGATION MONITORING TEAM.......................................................................................................... 5
2.4 DISPUTE RESOLUTION .................................................................................................................................. 6
2.5 ENFORCEMENT................................................................................................................................................. 6
3. MITIGATION MONITORING REQUIREMENTS.............................................................................. 7
3.1 PREMONITORING MEETING...................................................................................................................... 7
3.2 CATEGORIZED MITIGATION MEASURES/MATRIX......................................................................... 7
3.3 IN-FIELD MONITORING................................................................................................................................ 7
3.4 DATABASE MANAGEMENT.......................................................................................................................... 7
3.5 COORDINATION WITH CONTRACTORS................................................................................................ 7
3.6 LONG-TERM MONITORING ........................................................................................................................ 7
4. MITIGATION MONITORING REPORTS ....................................................................................... 19
4.1 FIELD CHECK REPORT ................................................................................................................................ 19
4.2 IMPLEMENTATION COMPLIANCE REPORT...................................................................................... 19
4.3 DISPUTE/ENFORCEMENT REPORT ...................................................................................................... 19
5. COMMUNITY INVOLVEMENT ...................................................................................................... 21
6. REPORT PREPARATION ............................................................................................................. 23
6.1 LIST OF PREPARERS....................................................................................................................................... 23 List of Tables
Table Page
Table 3-1 Mitigation Monitoring Requirements................................................................................................ 8 1149
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1. Introduction
1.1 PURPOSE OF MITIGATION MONITORING AND REPORTING
PROGRAM
The City of Wildomar (City) is the lead agency for the proposed 27-Acre Park Project and has developed this Mitigation Monitoring and Reporting Program (MMRP) as a vehicle for monitoring mitigation measures outlined in the 27-Acre Park Initial Study and Mitigated Negative Declaration (IS/MND), State Clearinghouse No. 2023080213. As the lead agency, the City is responsible for implementing the MMRP, which has been prepared in conformance with Section 21081.6 of the California Public Resources Code, as follows:
(a) When making findings required by paragraph (1) of subdivision (a) of Section 21081 or when adopting a mitigated negative declaration pursuant to paragraph (2) of subdivision (c) of Section 21080, the following requirements shall apply:
(1) The public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. For those changes which have been required or incorporated into the project at the request of a responsible agency or a public agency having jurisdiction by law over natural resources affected by the project, that agency shall, if so requested by the lead or responsible agency, prepare and submit a proposed reporting or monitoring program. (2) The lead agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which its decision is based.
The MMRP consists of mitigation measures that avoid, reduce, and/or fully mitigate potential environmental impacts. The mitigation measures have been identified and recommended through preparation of the IS/MND and drafted to meet the requirements of Public Resources Code, Section 21081.6. 1151
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1. Introduction
1.2 PROJECT CHARACTERISTICS
1.2.1 Project Location
The project site bounds the northern and western portions of Ronald Reagan Elementary School which is located at 35445 Wildomar Trail; the project site consists of two parcels forming an L-shape that cover 27 acres, and is comprised of APNs 376-350-009 and 376-350-017. Interstate 15 (I-15) is approximately 0.5-mile southwest of the project site.
1.2.2 Proposed Improvements
This project proposes to construct a 27-acre park with 221 parking spaces; six driveways (two on Wildomar Trail, one on La Estrella Street, and three on Susan Drive); and amenities including bike trails and bike plaza, fitness plaza, splash pad, playgrounds, volleyball courts, gardens, community green area, community center, amphitheater, shade structures, lookout points, trails, bridge crossings, interpretive signs, bioretention/biofiltration areas, and connection to Ronald Reagan Elementary School. A potential future fire station is also considered, although it is unknown at this time whether the fire station will be feasible at this location.
This Initial Study evaluates the proposed project which is being processed through the following development applications:
Plot Plan (PP): Approval of the proposed project plans will become the plot plan; the proposed project will be developed in accordance with Section 17.16 of the Wildomar Municipal Code and onsite and offsite improvements consistent with the City’s Parks Master Plan standards.
1.3 ENVIRONMENTAL IMPACTS
1.3.1 Impacts Considered Less Than Significant
The IS/MND identified various thresholds from the California Environmental; Quality Act (CEQA) Guidelines in a number of environmental categories that would not be significantly impacted by the proposed project and therefore did not require mitigation. Impacts to the were found to be less than significant:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Energy
Greenhouse Gas Emissions
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Utilities and Service Systems
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1. Introduction
October 2023 Page 3
1.3.2 Potentially Significant Adverse Impacts That Can Be Mitigated, Avoided, or Substantially Lessened
Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Tribal Cultural Resources, and Wildfire were identified as having potentially significant impacts that could be reduced, avoided, or substantially lessened through implementation of mitigation measures. No significant and unavoidable impacts were identified.
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2. Mitigation Monitoring Process
2.1 MITIGATION MONITORING PROGRAM ORGANIZATION
Overall MMRP management is the responsibility of the City of Wildomar. The City’s technical consultants (CEQA consultant, etc.) may perform related monitoring tasks under the direction of the environmental monitor if they are contracted by the City.
2.2 CITY OF WILDOMAR
As the lead agency, the City is responsible for the review of all monitoring reports, enforcement actions and document disposition. The City will rely on information provided by individual monitors (e.g., CEQA consultant, etc.) as accurate and up to date, and will field check mitigation measure status, as required.
2.3 MITIGATION MONITORING TEAM
The mitigation monitoring team, consisting of the designated Project Manager (Community Development Director) and Technical Consultants (CEQA consultant, etc.) are responsible for monitoring implementation and compliance with all adopted mitigation measures and conditions of approval. A major portion of the team’s work is in-field monitoring and compliance report preparation. Implementation disputes are brought to the Project Manager, and any appeals would go to the City Manager and ultimately the City Council.
2.3.1 Monitoring Team
The following summarizes key positions in the MMRP and their respective functions:
Project Manager: Responsible for coordination of mitigation monitoring team, technical consultants, report preparation, and overall program administration and document/report clearinghouse. Construction Contractor: Responsible for coordination of mitigation monitoring team; technical consultants; report preparation; and implementation the monitoring program, including overall program administration, document/report clearinghouse, and first phase of dispute resolution. Technical Consultants: Responsible for monitoring in respective areas of expertise (CEQA consultant, project engineer, noise analyst/specialist). Report directly to the Project Manager.
2.3.2 Recognized Experts
The use of recognized experts on the monitoring team is required to ensure compliance with scientific and engineering mitigation measures. The mitigation monitoring team’s recognized experts assess compliance with required mitigation measures, and recognized experts from responsible agencies consult with the Project Manager regarding disputes.
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2. Mitigation Monitoring Process
2.4 DISPUTE RESOLUTION
If the mitigation monitor determines that a mitigation measure, in the opinion of the monitor, has not been implemented or has not been implemented correctly, the problem will be brought before the Project Manager for resolution. The decision of the Project Manager is final unless appealed to the City Manager. The Project Manager will have the authority to issue stop-work order until the dispute is resolved.
2.5 ENFORCEMENT
Public agencies may enforce conditions of approval through their existing police power, using stop-work orders, fines, infraction citations, or in some cases, notice of violation for tax purposes. 1156
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3. Mitigation Monitoring Requirements
3.1 PREMONITORING MEETING
A pre-monitoring meeting will be scheduled to review mitigation measures, implementation requirements, schedule conformance, and mitigation monitoring committee responsibilities. Committee rules are established, the entire mitigation monitoring program is presented, and any misunderstandings are resolved.
3.2 CATEGORIZED MITIGATION MEASURES/MATRIX
Project-specific mitigation measures have been categorized in matrix format, as shown in Table 3-1, Mitigation Monitoring Requirements. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures. These mitigation measures are also contained in the Conditions of Approval matrix for the Project.
3.3 IN-FIELD MONITORING
Project monitors and technical subconsultants shall exercise caution and professional practices at all times when monitoring implementation of mitigation measures. Protective wear (e.g. hard hat, glasses) shall be worn at all times in construction areas. Injuries shall be immediately reported to the mitigation monitoring committee.
3.4 DATABASE MANAGEMENT
All mitigation monitoring reports, letters, and memos shall be prepared utilizing Microsoft Word software on IBM-compatible PCs.
3.5 COORDINATION WITH CONTRACTORS
The construction manager is responsible for coordination of contractors and for contractor completion of required mitigation measures.
3.6 LONG-TERM MONITORING
Long-term monitoring related to several mitigation measures will be required, including fire safety inspections.
Post-construction fire inspections are conducted on a routine basis by the City of Wildomar Fire Department. 1157
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
BIOLOGICAL RESOURCES
BIO-1 All ground-disturbing activities shall be conducted during the nonbreeding season for birds (approximately September 1 through January 14) to the greatest extent possible.
This will avoid violations of the MBTA and California Fish and Game Code Sections 3503, 3503.5 and 3513. If activities with the potential to disrupt nesting birds are scheduled to occur during the bird breeding season (January 15 through August 31), a preconstruction survey for nesting birds shall be conducted by a qualified biologist who is experienced in the identification of avian species and conducting nesting bird surveys. The nesting survey shall include the project site and adjacent areas where project activities have the potential to cause nest failure. The preconstruction survey shall be conducted no more than 3 days prior to the start of ground-disturbing activities within the bird breeding season. If no nesting birds are observed during the survey, site preparation and construction activities may begin. If nesting birds (including nesting raptors) are found to be present, avoidance or minimization measures shall be implemented to avoid potential Project-related impacts. Measures shall include, but are not limited to, establishment of an avoidance buffer until nesting has been completed and periodic nest monitoring by the Project biologist until the juveniles have fledged and there has been no evidence of a second attempt at nesting. The width of the avoidance buffer will be determined by the Project biologist.
The monitoring biologist will monitor the nest(s) during construction and document any findings. Once nesting is deemed complete by the Project biologist, work may resume within the avoidance buffer area.
Qualified Biologist Within 3 days prior to
the initiation of
ground-disturbing
work
City of Wildomar
Community
Development
Department
BIO-2 A preconstruction survey for Burrowing Owl shall be conducted within the project site and adjacent areas within 30 days prior to the start of ground-disturbing activities. The surveys shall follow the methods described in the Western Riverside MSHCP Burrowing Owl Survey Instructions. If burrowing owls and/or suitable burrowing owl burrows with signs (e.g., whitewash, pellets, feathers, prey remains) are identified in the project area during the survey and impacts to those features are unavoidable, then additional avoidance and minimization measures will need to be implemented to avoid impacts as a result of the proposed project in accordance with CDFW’s Staff Report on Burrowing Owl Mitigation. Additional avoidance and minimization measures shall be developed by the qualified biologist and will include non-disturbance buffers established around active burrows, seasonal work restrictions, or additional survey and monitoring requirements. If the qualified biologist determines that development of Qualified Biologist Within 30 days prior
to the initiation of
ground-disturbing
work
City of Wildomar
Community
Development
Department
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3. Mitigation Monitoring Requirements
October 2023 Page 9
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
a Burrowing Owl Management Plan is necessary, the qualified biologist will outline additional protection and avoidance and minimization measures specific to burrowing owl. If proposed project-related impacts to burrowing owl are unavoidable even after implementing additional avoidance and minimization measures, then coordination with CDFW will need to occur to discuss the implementation of additional mitigation requirements such as passive relocation.
BIO-3 Due to the presence of suitable habitat, a focused survey for Crotch bumble bee, a California ESA Candidate species, shall be conducted prior to the start of grounddisturbing activities to determine the presence or absence of the species within the project site. If the species is observed within the project site and project-related impacts are unavoidable, then additional mitigation or avoidance and minimization measures will be implemented, and the proposed project will need to obtain the necessary permits and authorizations from CDFW (i.e., Incidental Take Permit under Section 2081 of the California ESA). Additional avoidance and minimization measures will include habitat preservation, compensatory mitigation through the purchase and conservation of habitat within its range, non-disturbance buffers around nest locations, biological monitoring requirements, and/or seasonal work restrictions.
Qualified Biologist Prior to the initiation
of ground-disturbing
work
City of Wildomar
Community
Development
Department
BIO-4 A formal Aquatic Resource Delineation shall be prepared prior to the start of construction activities to determine if the drainage features within the project site contain aquatic resources jurisdictional to the US Army Corps of Engineers, Regional Water Quality Control Board, or California Department of Fish and Wildlife, and to determine the acreage of MSHCP Riparian/Riverine resources present onsite.
California Department of Fish and Wildlife and Regional Water Quality Control Board jurisdictional waters are regulated by state and local governments under a no-net-loss policy, and all impacts are considered significant and shall be avoided to the greatest extent possible. Impacts to jurisdictional waters require mitigation through habitat creation, restoration, or enhancement as determined by consultation with the regulatory agencies during the permitting process. Any impacts to California Department of Fish and Wildlife jurisdiction would require a Section 1602 SAA from California Department of Fish and Wildlife. Any impacts to Waters of the U.S. would require a Section 404 permit from the US Army Corps of Engineers. Impacts to Waters of the U.S. will require a Section 404 permit and will qualify for a Nationwide Permit 14 authorization from the United States Army Corps of Engineers. Any impacts to Waters of the U.S. or State will also require a 401 Certification or Waste Discharge Requirements from the San Diego Regional Water Quality Control Board.
Qualified Biologist Prior to the initiation
of construction
activities
City of Wildomar
Community
Development
Department
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
BIO-5 A Determination of Biologically Equivalent or Superior Preservation shall be prepared prior to the start of construction activities, in conjunction with the Aquatic Resource Delineation, to address proposed impacts to MSHCP Riparian/Riverine resources located within the project site. Impacts to MSHCP Riparian/Riverine resources will require mitigation to be approved by the Wildlife Agencies (CDFW and USFWS).
Qualified Biologist Prior to the initiation
of construction
activities
City of Wildomar
Community
Development
Department
CULTURAL RESOURCES
CUL-1 Human Remains. 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.
Professional
archaeologist
During any grounddisturbing
construction activities
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
GEOLOGY AND SOILS
GEO-1 The City’s Public Works Department shall incorporate the recommendations of the Geotechnical Report prepared by Ninyo and Moore (Appendix 5) into project plans related to the proposed project. The project’s building plans shall demonstrate that they incorporate all applicable recommendations of the Geotechnical Report and comply with all applicable requirements of the latest adopted version of the California Building Code.
City’s Public Works
Department and
Licensed
Professional
Engineer
During building plan
check, prior to any
ground-disturbing
construction activities
City of Wildomar
Community
Development
Department and
Public Works and
Engineering
Department
GEO-2 A paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated by the Certified Paleontologist and coordinated with the City’s Public Works Department if other significant concentrations of fossils, as determined by the Certified Paleontologist, are encountered. Any paleontological resources shall be provided for curation at a local curation facility, or any other local museum or repository willing and able to accept and house the resource to preserve for future scientific study.
City’s Public Works
Department and
Certified
Paleontologist
During grounddisturbing
construction activities
City of Wildomar
Community
Development
Department and
Public Works and
Engineering
Department
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 Prior to the issuance of building permits, the City’s Public Works Department shall demonstrate, to the satisfaction of the City Building Official and the Riverside County Fire Chief, compliance with the 2022 California Building Code (or the most recent edition) (Part 2 of Title 24 of the California Code of Regulations) and the 2022 California Fire Code (or the most recent edition) (Part 9 of Title 24 of the California Code of Regulations), including those regulations pertaining to materials and construction methods intended to mitigate wildfire exposure as described in the 2022 California Building Code and California Residential Code (or most recent edition); specifically California Building Code Chapter 7A; California Residential Code Section R327; California Residential Code Section R337; California Referenced Standards Code Chapter 12-7A; and California Fire Code Chapter 49.
Riverside County
Fire Department
Prior to issuance of
building permits
City of Wildomar
Building Department
and Riverside
County Fire
Department
HAZ-2 Prior to the issuance of a certificate of occupancy, the City’s Public Works Department shall demonstrate, to the satisfaction of the City Building Official and the County Fire Chief, compliance with the vegetation management requirements prescribed in California Fire Code Section 4906 and California Government Code Section 51182.
Riverside County
Fire Department
Prior to issuance of a
Certificate of
Occupancy
City of Wildomar
Building Department
and Riverside
County Fire
Department
TRIBAL CULTURAL RESOURCES
TRI-1 Inadvertent Archeological Find. If during ground disturbance activities, 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. Cultural resources are defined, as being multiple artifacts in close association with each other, but also 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 lead agency and Native American Tribe(s) that elected to consult under AB 52 (“Consulting Tribe(s)”). a. 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 tribal representative(s) and the Community Development Director to discuss the significance of the find.
Professional
archaeologist
During any grounddisturbing or
construction activities
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
b. At the meeting, the significance of the discoveries shall be discussed and after consultation with the tribal
representative(s), developer, 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.
c. Grading or 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. Work shall be allowed to continue outside of the buffer area and will be monitored by additional Tribal monitors if needed.
d. Treatment and avoidance of the newly discovered resources shall be consistent with the Treatment and Monitoring
Agreements entered into with the Consulting Tribe(s) and the applicant. This may include avoidance of the cultural resources through project design, in-place preservation of cultural resources located in native soils and/or re-burial on the Project property so they are not subject to further disturbance in perpetuity as identified in Mitigation Measures TRI-2 and TRI-7. e. If the find is determined to be significant and avoidance of the site has not been achieved, a Phase III data recovery plan (see Mitigation Measure TRI-6) shall be prepared by the project archeologist, in consultation with the Consulting Tribe(s), and shall be submitted to the City for their review and approval prior to implementation of the said plan.
f. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources and tribal cultural resources. If the landowner and the Consulting Tribe(s) cannot agree on the significance or the 1162
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
mitigation for the archaeological or tribal cultural resources, these issues will be presented to the Community Development Director for decision. The City’s Community Development Director shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological and tribal cultural resources, recommendations of the project archeologist, and shall take into account the cultural and religious principles and practices of the Consulting Tribe(s). Notwithstanding any other rights available under the law, the decision of the City Community Development Director shall be appealable to the City Planning Commission and/or City Council.
TRI-2 Cultural Resources Disposition. In the event that Native American cultural resources are discovered during the course of grading (inadvertent discoveries), the following procedures shall be carried out for final disposition of the discoveries:
a. One or more of the following treatments, in order of preference, shall be employed with the Consulting Tribe(s). Evidence of such shall be provided to the City of Wildomar Community Development Department:
i. Preservation-In-Place of the cultural resources, if
feasible. Preservation in place means avoiding the
resources, leaving them in the place where they were
found with no development affecting the integrity of the resources.
ii. Reburial of the resources on the Project property. The measures for reburial shall include, at least, the
following: Measures and provisions to protect the
future reburial area from any future impacts in
perpetuity. Reburial shall not occur until all legally
Professional
archaeologist
During grading
activities
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
required cataloging and basic recordation have been
completed, with an exception that sacred items, burial
goods and Native American human remains are
excluded. Any reburial process shall be culturally
appropriate. Listing of contents and location of the
reburial shall be included in the confidential Phase IV report (see Mitigation Measure TRI-6). The Phase IV
Report shall be filed with the City under a confidential cover and not subject to Public Records Request.
iii. If preservation in place or reburial is not feasible then the resources shall be curated in a culturally
appropriate manner at a Riverside County curation
facility that meets State Resources Department Office
of Historic Preservation Guidelines for the Curation of Archaeological Resources ensuring access and use
pursuant to the Guidelines. The collection and
associated records shall be transferred, including title, and are to be accompanied by payment of the fees by
the Applicant necessary for permanent curation.
Evidence of curation in the form of a letter from the
curation facility stating that subject archaeological
materials have been received and that all fees have
been paid, shall be provided by the landowner to the
City. There shall be no destructive or invasive testing on sacred items, burial goods, and Native American
human remains, as defined by the cultural and religious practices of the Most Likely Descendant. Results
concerning finds of any inadvertent discoveries shall be included in the Phase IV monitoring report.
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
TRI-3 Archaeologist Retained. Prior to issuance of a grading permit the project applicant shall retain a Riverside County qualified Registered Professional Archaeologist (RPA), to monitor all ground disturbing activities in an effort to identify any unknown archaeological resources.
The Registered Professional Archaeologist and the Tribal monitor(s) required by Mitigation Measures TRI-4 and TRI-5 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 Registered Professional Archaeologist and the Tribal monitor(s), shall independently have the authority to temporarily divert, redirect or halt the ground disturbance activities to allow identification, evaluation, and potential recovery of cultural resources in coordination with any required special interest or tribal monitors.
The developer/permit holder shall submit a fully executed copy of the contract to the Community Development Department to ensure compliance with this condition of approval. Upon verification, the Community Development Department shall clear this condition.
In addition, the Registered Professional Archaeologist, in consultation with the Consulting Tribe(s), the contractor, and the City, shall develop a Cultural Resources Management Plan (CRMP) in consultation pursuant to the definition in AB 52 to address the details, timing and responsibility of all archaeological and cultural activities that will occur on the project site. A consulting tribe is defined as a tribe that initiated the AB 52 tribal consultation process for the Project, has not opted out of the AB 52 consultation process, and has completed AB 52 consultation with the City as provided for in Cal Pub Res Code Section 21080.3.2(b)(1) of AB52. Details in the Plan shall include:
a. Project grading and development scheduling;
b. The Project archaeologist and the Consulting Tribes(s) shall attend the pre-grading meeting with the City, the construction manager and any contractors and will conduct a mandatory Cultural Resources Worker Sensitivity Training to those in attendance. The Training will include a brief review of the cultural sensitivity of the Project and the surrounding area; what resources could potentially be identified during earthmoving activities; the requirements of the monitoring program; the protocols that apply in the event inadvertent discoveries of cultural resources are Qualified
archaeologist, tribal
cultural monitor(s),
and
developer/permit
holder
Prior to issuance of
grading permit
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols. All new construction personnel that will conduct earthwork or grading activities that begin work on the Project following the initial Training must take the Cultural Sensitivity Training prior to beginning work and the Project archaeologist and Consulting Tribe(s) shall make themselves available to provide the training on an asneeded basis; c. The protocols and stipulations that the contractor, City, Consulting Tribe(s) and Project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.
TRI-4 Native American Monitoring (Pechanga). 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. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal 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.
Tribal cultural
monitor(s)
During grounddisturbing activitiesCity of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
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3. Mitigation Monitoring Requirements
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Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
TRI-5 Native American Monitoring (Soboba). 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 Soboba Band of Luiseno Indians. Prior to issuance of a grading permit, the developer shall submit a copy of a signed contract between the above-mentioned Tribe and the land divider/permit holder for the monitoring of the project to the Community Development Department and to the Engineering Department. The Tribal 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.
Tribal cultural
monitor(s)
During grounddisturbing activitiesCity of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
TRI-6 Archeology Report – Phase III and IV. Prior to final inspection, the developer/permit holder shall prompt the Project Archeologist to submit two (2) copies of the Phase III Data Recovery report (if required for the Project) and the Phase IV Cultural Resources Monitoring Report. The Phase IV report shall include evidence of the required cultural/historical sensitivity training for the construction staff held during the pre-grade meeting. The Community Development Department shall review the reports to determine adequate mitigation compliance. Provided the reports are adequate, the Community Development Department shall clear this condition. Once the report(s) are determined to be adequate, two (2) copies shall be submitted to the Eastern Information Center (EIC) at the University of California Riverside (UCR) and one (1) copy shall be submitted to the Consulting Tribe(s) Cultural Resources Department(s).
Developer/permit
holder and qualified
archaeologist
Prior to final
inspection
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
1167
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3. Mitigation Monitoring Requirements
Table 3-1 Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
TRI-7 Non-Disclosure of Reburial Locations. 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 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).
Professional
archaeologist
During discovery of
Native American
human remains
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
TRI-8 No-Build Easement or Similar Instrument. In the event that Native American artifacts are found and buried within the project vicinity, a no-build easement, or similar legal instrument, shall be used to preclude future development from taking place on the reburial site(s).
City of Wildomar
Community
Development
Department
After Reburial of
Native American
Artifacts
City of Wildomar
Public Works and
Engineering
Department and
Community
Development
Department
WILDFIRE
See Mitigation Measures HAZ-1 and HAZ-2.
1168
October 2023 Page 19
4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to resolve disputes. Specific reports include:
Field Check Report
Implementation Compliance Report
Dispute/Enforcement Report
4.1 FIELD CHECK REPORT
Field check reports are required to record in-field compliance and conditions.
4.2 IMPLEMENTATION COMPLIANCE REPORT
The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.
4.3 DISPUTE/ENFORCEMENT REPORT
The Dispute/Enforcement Report (DER) is prepared to document the outcome of the Project Manager or City Manager and becomes a portion of the ICR.
1169
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4. Mitigation Monitoring Reports
This page intentionally left blank.
1170
October 2023 Page 21
5. Community Involvement
Monitoring reports are public documents and are available for review by the general public. Discrepancies in monitoring reports can be taken to the Project Manager or Community Development Director by the general public.
1171
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5. Community Involvement
This page intentionally left blank.
1172
October 2023 Page 23
6. Report Preparation
6.1 LIST OF PREPARERS
City of Wildomar
Matthew C. Bassi, Community Development Director
PlaceWorks
Mark Teague, AICP, Principal
Jasmine A. Osman, Associate II
1173
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6. Report Preparation
This page intentionally left blank
1174
Conceptual Site Plan Exhibits
1175
1176
Conceptual Renderings Exhibit
1177
1178
1179
Surrounding Land Uses:
The project site is located at the northeast corner of Susan Drive and Peggy Lane and bounds the northern and western portions of the Ronald Reagan Elementary School. The table below summarizes the current uses, land use and zoning designations related to the project site and surrounding properties. The map on the following page shows the site and surrounding area.
ADJACENT LAND USE, GENERAL PLAN AND ZONING
Location Current Land Use General Plan Land Use
Designation Zoning Designation
Subject
Property Vacant Medium Density Residential (MDR) Rural Residential (R-R) North Vacant Land and
Rural Residential
Very Low Density
Residential (VLDR) Rural Residential (R-R)
South Vacant Land Medium Density
Residential (MDR) Rural Residential (R-R)
Southeast School Public Facilities Rural Residential (R-R) East Higher Residential Medium Density
Residential (MDR) Residential (R-1)
West Rural Residential Medium Density
Residential (MDR) Rural Residential (R-R)
1180
Aerial Photo Exhibit of the Site
1181
RIV #4844-0876-1400 v1
THIRD AMENDMENT TO
DESIGN PROFESSIONAL SERVICES AGREEMENT
FOR LANDSCAPE ARCHITECTURAL SERVICES FOR
27 ACRE PARK
by and between
the
CITY OF WILDOMAR
and
RRM DESIGN GROUP
Dated October 11, 2023
1182
RIV #4844-0876-1400 v1 -2-
THIRD AMENDMENT TO DESIGN PROFESSIONAL SERVICES AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES FOR THE 27 ACRE PARK This Third Amendment to Agreement for Design Professional Services (“Third Amendment”), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF WILDOMAR, a California general law city (“City”), and RRM Design Group, Inc. a State of California Corporation (“Design Professional”), as follows:
RECITALS
A. City and Design Professional entered in an agreement for Design Professional Services on October 11, 2017 (“Agreement”). The Agreement provides that Design Professional will perform Landscape Architectural services.
B. Section 2 of the Agreement provides that Scope and Cost for the performance of the services.
C. The City and Design Professional entered in a First Amendment to Agreement on May 9, 2018. The First Amendment amended Section 2 to provide concepts, and a preferred schematic plan for a potential 11 acre park site at Grand Avenue and Leslie Street.
D. The City and Design Professional entered into a Second Amendment to Agreement on October 14, 2020. The Second Amendment amended Section 2 to include preparation of Design Development Package and Construction Documents for Phase I of a phased development of the approved Master Plan.
E. This Third Amendment amends Section 1 of the agreement relating to the Term of the Agreement.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:
1. AMENDMENT. The Agreement is hereby modified and amended as follows:
1.1 Section 1 of the Agreement is hereby amended to read as follows:
1183
RIV #4844-0876-1400 v1 -3-
Subject to the provisions of Section 20 “Termination of Agreement” of this Agreement, the Term of this Agreement shall expire on June 30, 2025.
2. GENERAL PROVISIONS
2.1 Remainder Unchanged. Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties.
2.2 Integration. This Third Amendment consists of pages 1 through 4 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment.
2.3 Effective Date. This Third Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Design Professional. 1184
RIV #4844-0876-1400 v1 -4-
2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment.
2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above.
CITY
CITY OF WILDOMAR
By:
Dan York, City Manager
ATTEST:
Janet Morales, City Clerk
APPROVED AS TO FORM
Thomas D. Jex, City Attorney
DESIGN PROFESSIONAL
RRM Design Group
By:
Mike Sherrod, ASLA, LEEP AP
Its: Principal
1185
ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF )
On , 200 , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
OPTIONAL
Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document.
CAPACIT(IES) CLAIMED BY SIGNER(S)
Signer's Name:
DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
RIV #4845-1206-0416 v1
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. 1186
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.16
Meeting Date: October 11, 2023
SUBJECT: Agreement with MNS Engineers, Inc. for Engineering Support Services
SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag
ACTION:
1. As authorized by WMC Section 3.28, find that it would be advantageous to the City to dispense with the requirements of that code section regarding procurement of contracts for services over $50,000; and
2. Authorize the City Manager to execute an Agreement for Services with MNS Engineers, Inc., for Engineering support services; and
3. Appropriate an additional $100,000 to Development Engineering Contractual Services, to accommodate the Agreement.
SUMMARY:
This Agreement will provide specific Engineering support services to the City to ensure continuity of operations and service.
BACKGROUND:
Included in the FY 2023-2024 budget is a new Development Services Technician position for the Public Works/Engineering Department. The City is currently going through the recruitment process to hire a full-time Development Services Technician to fill this position and staff's goal is to fill the position within the next three months. The Development Services Technician (Technician) provides a variety of services to the public, including the development community. Among other duties, the Technician's primary duties in Development Engineering includes receipt of engineering submittals for review, routing submittals to the various staff members and consultants for review, tracking submittals and due dates, returning reviews and comments back to applicants, and generally serving as a liaison between applicants and technical review staff.
1187
DISCUSSION:
Up through this time, the City has primarily used consultant support for these services. Staff have been advised that the current consultant providing these support services to the City will be moving to another consulting company, MNS Engineers, Inc. (MNS). Staff is recommending that the City Council authorize the City Manager to execute an agreement with MNS to allow them to provide these specific services using the same consultant that has been recently providing these services to the City. This consultant is familiar with the City's policies, procedures, and practices and is familiar with the existing active projects in review and in construction. Maintaining continuity with this consultant would minimize service disruptions that would occur to the development community and to Department operations if this consultant were no longer available. Maintaining continuity with this consultant will also provide a smoother transition for the public and for City staff as the City hires and begins training a new full-time Technician.
MNS has agreed to honor the consultant's existing billing rates to the City ($83 per hour) for an initial period of three months, with an increase to $90 per hour following that period. A copy of the proposed agreement with MNS (Agreement) is included as Attachment A. The term of the Agreement is one (1) year, and the total compensation under the agreement is $90,000, which is based on a conservative estimate of 1000 hours worked at a rate of $90 per hour.
Alternatives to continuing with the same consultant including contracting with another existing on-call consultant to help provide these services, contracting with a temporary employee through a staffing agency, or hiring a full-time City employee. Since the City is currently going through the process to hire a full-time City employee, it was determined to be more costeffective and advantageous to the City to have the existing consultant continue to provide services through their new company given the consultant's knowledge of the City's processes, policies, procedures, the existing projects, considering the fact that the new company is honoring the existing rates for a period of three (3) months, considering the fact that the City is currently recruiting for a full-time employee, and considering the fact that these consultant services will only be needed for a specific duration of time. To train another consultant or a temporary employee for this specific period of time would require additional staff time, resources, and may not be as cost effective as continuing with the current consultant. As a result, a formal request for proposals (RFP) was not prepared or issued for these services.
Therefore, staff recommends that the City Council, as authorized by WMC Section 3.28.040, find that it would be advantageous to the City to dispense with the bidding requirements of WMC Section 3.28 regarding procurement for services over $50,000 and authorize the City Manager to execute a Professional Services Agreement (Attachment A) with MNS to perform the services.
FISCAL IMPACT:
Included in the approved FY 2023-2024 budget is $41,600 for Contractual Services for Public Works/Engineering Technician services. Expenses to through August in this category total 1188
$25,854.50. Of these expenses, $19,920 is reimbursable from development project deposits.
Estimated expenses through September are $40,000, with about $30,000 estimated to be reimbursable from development project deposits.
Staff is requesting a budget amendment to increase the Development Engineering Contractual Services Budget by $10,000 to cover anticipated October expenses for the existing Contractual Services, and by another $90,000 to cover expenses related to this new Agreement. Most services provided under this Agreement are anticipated to be reimbursable by development project deposits, reducing the impact to the General Fund.
ACCOUNT CODE:
Fund No. 100-430-4340-52115 (Contractual Services) = $100,000 ATTACHMENTS:
A - MNS Services Agreement
1189
AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
MNS ENGINEERS, INC.
a California corporation
1190
RIV #4814-7282-0706 v1 - 1 -
August 2023
AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
MNS ENGINEERS, INC.
This Agreement for Services (“Agreement”) is entered into as of this 11th day of October, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and MNS Engineers, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a quote for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for one (1) year commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
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(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety Thousand dollars ($90,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service 1192
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Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by service provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents. 1193
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If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
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(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
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federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
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(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint 1197
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or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. (d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
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Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
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SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: MNS Engineers, Inc.
Attn: Trayci Nelson
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201 N. Calle Cesar Chavez, Suite 300
Santa Barbara, CA 93103
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any 1201
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provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Daniel A. York
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City Manager
ATTEST:
___________________________
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
___________________________________
“Service Provider”: MNS ENGINEERS, INC.
By: __________________________ By: _______________________________ Name: Daren Riegler Name: Peter Minegar
Its (Title):CEO Its (Title): Vice President
NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
I. Service Provider will perform the following Services:
A. A. General Public Works/Engineering Department support services, as requested by the City, including at a minimum those types of services described below:
1. Assists the public in the application process for building, land use, and engineering permits and other developmental processes; responds to citizen complaints.
2. Interprets and applies various Building Codes, Land Use and Development Ordinances.
3. Conducts permit processing for the Planning, Building, and Engineering Divisions; reviews permit applications, plans, specifications, and supporting documents for completeness and compliance with legal standards and City requirements.
4. Reads plans, calculates variations, and determines appropriate fees; prepares bills, collects fees, and issues receipts.
5. Provides appropriate information regarding zoning, subdivision plans, building ordinances, procedures; and requirements to the public including homeowners, developers, contractors, engineers, and architects.
6. Applies departmental policies and procedures in determining completeness of applications, records, and reports; provides appropriate forms to the public; processes appropriate information.
7. Notifies applicants when plans or permits are ready for delivery or issuance; provides status updates.
8. Performs a wide variety of routine to complex administrative duties in support of the Development Services Department; answers phone calls and responds to email inquiries from the public; establishes and maintains filing systems; creates and modifies forms as necessary; prepares and proofreads a wide variety of correspondence, letters, memoranda, reports, statistical charts, and other written materials; distributes reports internally and to various governmental offices; organizes and assembles documents; files and catalogues maps, photos, and other planning exhibits and documents; inputs data to computer; verifies accuracy of information; researches discrepancies and records information; may assist in the preparation of staff reports.Logs, tracks, and distributes plans and related documents to other agencies or departments; solicits input; coordinates plan reviews with consultant plan checkers and applicants; track plan check applications from submission until approval.
9. Logs inspection requests and prepare field files for daily inspection for building inspection s.
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10.Prepares Certificates of Occupancy as required.
11.Assists contractors and applicants with preparation of forms and plans needed for the issuance of permits.
12.Assists applicants and inspectors in coordinating inspection requests.
13.Compiles information and data for statistical and financial reports; maintains a variety of statistical records; checks and tabulates statistical data.
14.Contacts the public and outside agencies in acquiring and providing information and making referrals.
15.Receives, files and maintains workers’ compensation certificates; verifies business and state contractor’s licenses.
16.Observes and complies with City and mandated safety rules, regulations, and protocols.
17.Issues transportation, grading and encroachment permits.
18.Processes maps, plans and other documents for accuracy, format, completeness and adherence to established engineering practices and compliance with related regulations and codes.
19.Reviews and processes engineering consultant invoices; reviews and calculates mitigation fees.
20.Prepares reports and resolutions for final map, vacations and other legal documents.
21.Performs related duties as required.
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A. General Public Works/Engineering Department support services, as requested by the City.
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly accounting of billing and hours worked.
B. Work products required by the City related to the General Public Works/Engineering Department support services requested by the City.
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A. Work products and status reports shall be delivered on a schedule as required by the City at the time of assignment.
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V. Service Provider will utilize the following personnel to accomplish the Services:
A. Public Works/Engineering Services Consultant (or other classification as appropriate to produce the work products and status reports required by the City)
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
A. N/A
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4871-4063-9603 v1 B-1
EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
A. Public Works/Engineering Services Consultant (or equivalent classification) $83/hour (October 11, 2023 through January 11, 2024)
$90/hour (after January 11, 2023)
II. Service Provider may utilize sub-contractors as indicated in this Agreement.
The hourly rate for any subcontractor shall be as agreed to and approved by the City.
IV. The total compensation for the Services shall not exceed $90,000.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 1209
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Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
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Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 1212
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.17
Meeting Date: October 11, 2023
SUBJECT: Agreement with TKE Engineering, Inc. for Project Management Services and Optional Design Services for the Bundy Canyon Rd. Improvement Project (Segments 2 and 3)
SUBMITTED BY: Jason Farag
PREPARED BY: Jason Farag
ACTION:
Authorize the City Manager to execute the Agreement for Services with TKE Engineering, Inc. for Project Management Services and Optional Design Services for the Bundy Canyon Rd.
Improvement Project (Segments 2 and 3)
SUMMARY:
In order to ensure the timely completion of the Bundy Canyon Rd. Improvement Projects (Segments 2 and 3), the City must assign a dedicated full-time Project Manager to oversee the two projects. This Agreement will provide the needed Project Management services for these two projects.
BACKGROUND:
The City of Wildomar was recently awarded grant funds from the Riverside County Transportation Commission (RCTC) for the construction of Segments 2 and 3 of the Bundy Canyon Rd. Improvement Project (Projects). To ensure that the City meets funding deadlines/commitments related to these two projects and the funding received, it is important to have a full-time Project Manager assigned to the Projects to oversee the design, environmental permitting, right-of-way acquisition, and utility coordination of the Projects, and to prepare them for construction.
DISCUSSION:
Due to the size and complexity of these Projects and other project assignments, the City does not currently have the necessary resources to manage these two Projects with existing Public Works/Engineering Department staff. In order to ensure that these Projects continue moving forward in a timely manner and remain on schedule, staff requested a proposal from one of the City's on-call engineering consultants, TKE Engineering (TKE), for Project Management 1213
services for the Projects. The City has an active contract with TKE, dated October 14, 2020.
TKE provides various engineering support services to the City and is very familiar with the City's standards and practices.
TKE has submitted a proposal for Project Management services for the Projects. The Segment 2 Project will require relocation of Elsinore Valley Municipal Water District water lines. This relocation is not part of the scope of work for the current design engineer for the Segment 2 Project. Therefore, optional services have also been included in the TKE Scope of Services for the optional preparation of waterline relocations plans.
The proposal includes estimated costs to provide the requested services. However, costs for these services are difficult to estimate due to the complexity of these Projects. Therefore, TKE will bill the City for the services provided on a Time and Materials basis, with a total not-toexceed amount of $270,000 (including Optional Design Services). A copy of the TKE proposal is included in the proposed Services Agreement, included as Attachment A.
Staff recommends that the City Council authorize the City Manager to execute an Agreement for Services with TKE Engineering, Inc. for Project Management Services and Optional Design Services for Segments 2 and 3 of the Bundy Canyon Rd. Improvement Project.
FISCAL IMPACT:
Included in the FY 2023-2024 budget is funding for Segment 2 and Segment 3 of the Bundy Canyon Rd. Improvement Projects. Since the proposed services will be billed on a time and materials basis, at this time, no additional funding is requested to accommodate the proposed Agreement for Services. Staff will monitor the Project budgets as work is performed and will request budget amendments if necessary.
ATTACHMENTS:
A - TKE Services Agreement
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AGREEMENT FOR SERVICES
ENGINEERINGAND PROJECT MANAGEMENT SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
TKE ENGINEERING, INC.,
a California corporation
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF WILDOMAR, CALIFORNIA
AND
TKE ENGINEERING, INC.
This Agreement for Services (“Agreement”) is entered into as of this 11th day of October, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and TKE Engineering, Inc., a California corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. On October 14, 2020, City entered into an Agreement for Services with Service Provider for on-call engineering services.
B. City has sought from Service Provider, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
C. Service Provider, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
D. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
E. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for three (3) years commencing on the date first ascribed above.
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. 1216
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(a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement.
The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Hundred and Seventy Thousand dollars ($270,000.00), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).
In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission. 1217
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(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by Service Provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law.
Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon 1218
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completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.
Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement. (c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such 1219
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documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement.
Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City.
(c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this 1220
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Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of nonrelated services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of 1221
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City on such projects shall not be considered a conflict of interest for purposes of this section.
(c) City understands and acknowledges that Service Provider will perform non-related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
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SECTION 16. INDEMNIFICATION.
A. General
(1) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(2) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider.
(3) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section.
(4) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents. 1223
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B. Design Professional Indemnification
To the extent Service Provider or any sub-consultants are Design Professionals as defined in Civil Code Section 2782.8, the following indemnification provisions shall apply:
(1) Indemnification by Design Professional. Where the services to be provided by Design Professional under this Agreement are design professional services, as that term is defined under Civil Code Section 2782.8, Design Professional agrees to indemnify, defend and hold harmless, the City, its officers, officials, employees and volunteers from any and all claims, demands, costs or liability that actually or allegedly arise out of, or pertain to, or relate to the negligence, recklessness or willful misconduct of Design Professional and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for bodily injury, property damage or other loss, arising from the sole negligence, active negligence or willful misconduct by the City, its officers, official employees, and volunteers. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of the City, then Design Professional’s indemnification and defense obligations shall be reduced in proportion to the established comparative liability of the City and shall not exceed the Design Professional’s proportionate percentage of fault.
(2) As respects all acts or omissions which do not arise directly out of the performance of design professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, Design Professional agrees to indemnity, defend and hold harmless the City, its officers officials, employees and volunteers for an against any claim, demands, losses, liability of any kind or nature arising out of or in connection with the Design Professional's performance or failure to perform under the terms of this contract, excepting those which arise out of the active negligence, sole negligence or willful misconduct of the City, its officers, officials, employees and volunteers. (3) Indemnification from Sub-consultants. Design Professional agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every sub-consultant, sub-contractor or any other person or entity involved by, for, with or on behalf of Design Professional in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Design Professional fails to obtain such indemnity obligations from others as required here, Design Professional agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Design Professional and shall survive the termination of this Agreement or this section.
(4) City's Negligence. The provisions of this section do not apply to Claims occurring as a result of City’s sole negligence. The provisions of this section shall not 1224
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be 1225
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returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
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To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 201
Wildomar, CA 92595
To Service Provider: TKE Engineering, Inc.
Attn: Terry Renner, Vice President
2305 Chicago Ave.
Riverside, CA 92507
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor 1227
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amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 1228
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SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY OF WILDOMAR
___________________________
Daniel A. York
City Manager
ATTEST:
___________________________
Janet Morales, CMC
City Clerk
APPROVED AS TO FORM
_______________________________
Thomas D. Jex
City Attorney
TKE ENGINEERING, INC.
By: By:
Michael Thornton Terry Renner
Its: President Its: Vice President, Treasurer
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NOTE: SERVICE PROVIDER’S SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION,
OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE
PROVIDER’S BUSINESS ENTITY.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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 ________________
On ______________, before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
Signature of Notary Public Place Notary Seal Above
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER____________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_________________________________________
_________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
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EXHIBIT "A"
SCOPE OF SERVICES
Note: In the event there are any conflicts between the terms of this Agreement and the terms of the attached scope of services prepared by Service Provider, the language in this Agreement shall control.
I. Service Provider will perform the following Services:
A. Project Management Services and Optional Design Services for the Bundy Canyon Rd. Improvement Projects, Segment 2 and 3, per the attached Scope (Consultant’s Scope of Services).
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A. Per the attached Consultant’s Scope of Services, or as otherwise agreed to by the City and Service Provider.
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A. Per the attached Consultant’s Scope of Services, or as otherwise agreed to by the City and Service Provider.
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A. Per the attached Consultant’s Scope of Services, or as otherwise agreed to by the City and Service Provider.
V. Service Provider will utilize the following personnel to accomplish the Services:
A. Per the attached Consultant’s Scope of Services, or as otherwise agreed to by the City and Service Provider.
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
A. Per the attached Consultant’s Scope of Services, or as otherwise agreed to by the City and Service Provider.
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October 5, 2023
Mr. Jason Farag, P.E., Director of Public Works
CITY OF WILDOMAR
23873 Clinton Keith Road, Suite 201
Wildomar, CA 92595
Subject: Proposal to Provide Project Management Services for the Bundy Canyon Road Widening – Phase 2 and 3
Dear Mr. Farag:
SCOPE OF WORK
Thank you for the opportunity to submit a proposal to provide the City of Wildomar (City) with project management services for the Bundy Canyon Road Widening – Phase 2 for the street widening improvements being prepared by Parsons to finalize plans and specifications for construction. The project is approximately 2.2 miles, ATP and RCTC grant funded project on Bundy Canyon Road and includes regional agency permitting, right-of-way acquisition, utility relocation coordination, and grant management services. Bundy Canyon Road Widening – Phase 3 includes street realignment and widening, pavement rehabilitation, traffic signal modifications, easement acquisition, regional permitting, and utility relocations for approximately 1 mile of Bundy Canyon Road between Farm Road and Sunset Avenue.
TKE’s scope of services for each of the project components has been listed below:
Bundy Canyon Road Widening – Phase 2
Task No. 1 - Project Management
Project management includes weekly meetings with staff and the design engineer to ensure critical decisions are presented to the City for direction at appropriate times, meetings and communications with the project team, field reviews of the site, progress reports, and regular review of project schedule and budget. In addition, we will perform plan checks of the project documents to ensure the project meets City requirements and standards, complies with grant funding requirements and all documents are ready for advertisement and bidding. Service may include other Project Manager services as requested by the City.
Estimated budget for the services described above is $25,000.00.
Task No. 2 - Right-of-Way Acquisition
TKE will attend meetings and coordinate with appraisers, legal counsel, City staff, property owners and right-of-way consultants throughout the right-of-way acquisition process, as needed, to assist with valuations, fair market value, review legal and plat documents, identify temporary construction requirements, or to assist with property negotiations with the 5 property owners, conducting businesses, escrow and title companies and any other affected parties to finalize the property acquisition.
Estimated budget for the services described above is $7,000.00.
Task No. 3 - Utility Coordination
TKE will monitor and assist with submittal of design drawings to all agencies/utilities having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction 1234
Mr. Jason Farag, City of Wildomar
Proposal to Provide Project Management Services for the Bundy Canyon Road Widening – Phase 2 and 3
October 5, 2023 Page 2 of 5
schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies.
Estimated budget for the services described above is $3,000.00.
Task No. 4 - Permitting
TKE will monitor and assist with submittal of permit applications to all regional agencies having jurisdiction on any facilities within the project area, such as USACOE, CDFW and RWQCB. TKE will track progress of permit processing and attend meetings as necessary through final issuance of the permit. We will document all meetings and conferences with agencies.
Estimated budget for the services described above is $5,000.00.
Task No. 5 – Grant Administration
TKE will monitor and assist with preparation and submittal of quarterly reporting to Caltrans Local Assistance required for ATP Projects. We will prepare requests for authorization to proceed with construction and submit project documents to ensure approval prior to bidding. We will document all meetings and conferences with Caltrans.
Estimated budget for the services described above is $5,000.00.
Task No. 6 – Bidding Assistance
TKE will assist the City during bidding by posting final documents to plan rooms, newspaper, online bid forums and websites. We will assist the City with responses to requests for information, including addendum preparation. TKE will review RFI’s and RFC’s and assist the City with preparing a response as requested. In addition, TKE will review bid documents to prepare bid summary, review bids for mathematic errors or missing information, perform reference checks on low bidder and provide recommendations for award.
Estimated budget for the services described above is $5,000.00.
Task No. 7 – Water Main Relocation Design (Optional)
TKE will assist the City with providing design drawings, specifications and estimates for the relocation of approximately 2 miles of existing water main in Bundy Canyon Road. TKE will coordinate with Elsinore Valley Municipal Water District (EVMWD) for submittal, review and approval of water alignment, depth, connection details and other general requirements. For preparation of the design documents, the City will provide existing and proposed street topography, utility research, and base drawings which will be used to prepare plan and profile drawings for water main relocation.
TKE will coordinate with EVMWD throughout the design process and obtain approval of construction documents for bidding purposes. The tasks to be performed for water main relocation are as follows:
Task No. 7.1 - Records Research
Utilizing records provided from the street design engineer, TKE will review utility crossings and ensure no conflicts exist with the proposed water main alignment.
Task No. 7.2 - Design Surveying
We propose to use existing and proposed topographic survey information from the street design provided by the City. No additional survey will be required. 1235
Mr. Jason Farag, City of Wildomar
Proposal to Provide Project Management Services for the Bundy Canyon Road Widening – Phase 2 and 3
October 5, 2023 Page 2 of 5
Task No. 7.3 - Base Construction Drawings
Using the CAD files provided by the City, TKE will prepare the base construction drawings on 24” by 36” sheets with EVMWD’s standard title block using AutoCAD 2020 software at a drawing scale of 1”=40’. The base construction drawings will include a plan view based on design files provided by the City for the street improvements. The files will include existing improvements and utilities (based on both assembled records and field data), property lines, public and private rightof-way, street centerline, street names, and survey data to the plan view portion of the drawings.
Task No. 7.4 - 60% Design
TKE will provide completed base construction drawings, precise alignment identification, pipe material recommendations, bedding details, proposed connection design, critical interference identification, system abandonment requirements (if any), construction phasing requirements and construction cost estimates. The preliminary construction cost estimate will be prepared using an Excel spreadsheet. Descriptions of work, unit prices, and quantities will be included in the spreadsheet.
Task No. 7.5 - Design Review Meeting
After 30% design is complete, we will forward 2 copies of the alignment drawings to EVMWD for review. After EVMWD has completed its review, we will meet with EVMWD staff to acquire Staff’s comments.
Task No. 7.6 - 60% Design
TKE will prepare drawings including a title sheet; construction notes sheets, plan/profile sheets, and connection detail sheets.
The title sheet shall include the title of the job, a vicinity map showing the project vicinity in relationship to surrounding communities, a location map showing the project limits, a list of abbreviations used, benchmark data, general notes, construction quantities, an index for the drawings, and references.
The construction notes will include requirements for notifications, existing utility protection and relocation, pipeline materials, excavation, shoring, bedding, backfilling, compaction, improvement restoration, testing, disinfection, corrosion, construction sequencing and existing waterline abandonment requirements, if any.
The plan view will show digital topographic data, existing improvements and utilities, centerline control, proposed pipeline, and pipeline appurtenances (connections, air valves, main line valves, and blow offs). The profile (at a drawing scale of 1”=40’ horizontal and 1”=4’ vertical) will show existing ground surface over the proposed pipeline, pipeline flow line, top of pipe, utility crossings, slopes, length of pipe, pipeline appurtenances, joint restraint requirements, and special bedding requirements.
The construction details will include connections, appurtenance details, and abandonment details, all at appropriate drawing scales.
The specifications (Bid Sheets and Special Provisions) shall be prepared in accordance with EVMWD standards and will be prepared in Microsoft Word format.
In addition, we will update the project construction cost estimates. We will use the bidding schedules to prepare the estimates. The bidding schedules will include all material and construction requirements as shown on the drawings. 1236
Mr. Jason Farag, City of Wildomar
Proposal to Provide Project Management Services for the Bundy Canyon Road Widening – Phase 2 and 3
October 5, 2023 Page 2 of 5
Task No. 7.7 - Design Review Meeting
After 60% design is complete, we will forward 2 copies of the drawings to EVMWD for review. After EVMWD has completed its review, we will meet with EVMWD staff to acquire Staff’s comments.
Task No. 7.8 - 90% Design
We will incorporate EVMWD’s 60% comments and provide EVMWD revised drawings. After 90% design is complete, we will forward 2 copies of the drawings to EVMWD for review.
In addition, we will update the project specifications and cost estimates and provide them for RCSD’s review.
Task No. 7.9 - Design Review Meeting
After the 90% design documents are complete, we will forward the documents together with the updated construction cost estimates to EVMWD staff for review and comment. We will meet with staff after their reviews are completed to obtain comments.
Task No. 7.10 - Final Contract Documents
After receiving final EVMWD comments on the drawings and specifications, TKE will provide EVMWD with hard (Mylar drawings and specifications) and digital copies of the drawings and specifications for final approval. In addition, we will prepare a final construction cost estimate.
Estimated budget for the services described above is $160,000.00. A detailed cost breakdown is attached.
Bundy Canyon Road Widening – Phase 3
Task No. 1 – RFP Preparation
TKE will assist the City with preparation of Request for Proposal’s to obtain the services needed from civil engineering design firms, right-of-way consultants, and environmental consultants. We will also assist with review and scoring of submitted proposals and provide recommendations to the City for selection. Service may include other Project Manager services as requested by the City.
Estimated budget for the services described above is $6,000.00.
Task No. 2 - Project Management
Project management includes weekly meetings with staff and the design engineer to ensure critical decisions are presented to the City for direction at appropriate times, meetings and communications with the project team, field reviews of the site, progress reports, and regular review of project schedule and budget. In addition, we will perform plan checks of the project documents to ensure the project meets City requirements and standards, complies with grant funding requirements and all documents are ready for advertisement and bidding. Service may include other Project Manager services as requested by the City.
Estimated budget for the services described above is $40,000.00.
Task No. 3 - Right-of-Way Acquisition
TKE will attend meetings and coordinate with appraisers, legal counsel, City staff, property owners and right-of-way consultants throughout the right-of-way acquisition process, as needed, to assist with valuations, fair market value, review legal and plat documents, identify temporary construction requirements, or to assist with property 1237
Mr. Jason Farag, City of Wildomar
Proposal to Provide Project Management Services for the Bundy Canyon Road Widening – Phase 2 and 3
October 5, 2023 Page 2 of 5
negotiations with the property owner, escrow and title companies and any other affected parties to finalize the property acquisition.
Estimated budget for the services described above is $6,000.00.
Task No. 4 - Utility Coordination
TKE will monitor and assist with submittal of design drawings to all agencies/utilities having underground facilities in the project area requesting that they verify their facilities are shown correctly and we will advise them of the project construction schedule and relocation requirements. In addition, we will coordinate final relocation construction prior to project bidding. We will document all meetings and conferences with utilities and agencies.
Estimated budget for the services described above is $5,000.00.
Task No. 5 - Permitting
TKE will monitor and assist with submittal of permit applications to all regional agencies having jurisdiction on any facilities within the project area, such as USACOE, CDFW and RWQCB. TKE will track progress of permit processing and attend meetings as necessary through final issuance of the permit. We will document all meetings and conferences with agencies.
Estimated budget for the services described above is $3,000.00.
Schedule
TKE is committed to meeting the City’s desired schedule for both phases of the Bundy Canyon Road projects. Phase 2 is desired to be under construction in April of 2024 and will be able to complete all project management service as required by the City.
Fee
For Phase 2, TKE’s has estimated a budget of $50,000.00 to provide the project management scope of service described above with an additional optional budget of $160,000.00 to prepare design of the water main relocation throughout the project limits. For Phase 3, TKE’s has estimated a budget of $60,000.00 to provide the project management scope of service described above. TKE’s total budget for both phases of work is $110,000.00 with an additional option budget of $160,000.00 for a combined total of $270,000.00 if the optional work is included. Project management services will be billed on a time and materials basis.
TKE will invoice monthly in accordance with our rate schedule included in the existing OnCall Agreement and will not exceed our fee without prior approval from the City.
Again, thank you for the opportunity to submit our proposal to provide professional engineering services. If you have any questions, please contact me at (951) 680-0440.
Sincerely,
Terry Renner, P.E., L.S., Q.S.D.
Senior Vice President
TKE ENGINEERING, INC.
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Total
Task No. Task Hours $ Hours $ Hours $ Hours $ Hours $ Hours $ $ Scope of Services
1 Records Research $ - $ - $ - 4 $ 400 4 $ 272 $ - $ 672 2 $ - $ - $ - $ - $ - $ - $ -
3 Base Construction Drawings 2 $ 284 4 $ 440 16 $ 1,680 28 $ 2,800 $ - $ - $ 5,204 4 12 $ 1,704 32 $ 3,520 80 $ 8,400 120 $ 12,000 24 $ 1,632 $ - $ 27,256 5 4 $ 568 4 $ 440 $ - $ - 2 $ 136 $ - $ 1,144
6 40 $ 5,680 96 $ 10,560 160 $ 16,800 200 $ 20,000 40 $ 2,720 $ - $ 55,760 7 4 $ 568 4 $ 440 $ - $ - 2 $ 136 $ - $ 1,144
8 90% Design 32 $ 4,544 64 $ 7,040 120 $ 12,600 160 $ 16,000 24 $ 1,632 $ - $ 41,816 9 4 $ 568 4 $ 440 $ - $ - 2 $ 136 $ - $ 1,144
10 24 $ 3,408 32 $ 3,520 64 $ 6,720 80 $ 8,000 16 $ 1,088 $ - $ 22,736 Subtotal: 122 $ 17,324 240 $ 26,400 440 $ 46,200 592 $ 59,200 114 $ 7,752 0 $ - $ 156,876 Reimbursables (@2%)1.): $ 3,138
Design Total: $ 160,014
Rounded Design Total: $ 160,000
Rates: Notes:
Project Manager $ 142 /HR 1.) Reimbursables Include Cost for Prints, Copies, Mileage, Etc.
Project Engineer $ 110 /HR
Associate Engineer $ 105 /HR
Assistant Engineer/Designer $ 100 /HR
Clerical $ 68 /HR
Survey Crew $ 220 /HR
TKE Engineering, Inc.
Project Manager Project Engineer Associate Engineer Clerical 30% Design
Design Review Meeting
Final Contract Documents
Design Review Meeting
Design Surveying
60% Design
Design Review Meeting
City of Wildomar
Bundy Canyon Road - Phase 2 Water Main Relocation
Assistant
Engineer/Designer Surveying
Consulting Engineering Fee
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EXHIBIT B
TKE ENGINEERING, INC.
RATE SCHEDULE
2017-2018
HOURLY
ENGINEERING SERVICES RATE
Principal in Charge.. .......... .......... .......... ...................... .......... .......... .......... $142.00 Project Manager...... .......... .......... .......... ...................... .......... .......... .......... $126.00 Senior Engineer ...... .......... .......... .......... ...................... .......... .......... .......... $115.00 Project Engineer (PE) ........ .......... .......... ...................... .......... .......... .......... $110.00 Associate Engineer. .......... .......... .......... ...................... .......... .......... .......... $105.00 Assistant Engineer.. .......... .......... .......... ...................... .......... .......... .......... $100.00 Designer....... .......... .......... .......... .......... ...................... .......... .......... .......... $100.00 AutoCAD Technician ......... .......... .......... ...................... .......... .......... .......... $ 95.00 Engineering Technician ..... .......... .......... ...................... .......... .......... .......... $ 73.00 Clerical ........ .......... ......... .......... .......... ...................... .......... .......... .......... $ 68.00
PLAN CHECKING SERVICES
Senior Plan Checker.......... .......... .......... ...................... .......... .......... .......... .......... $130.00
Plan Checker .......... .......... .......... .......... ...................... .......... .......... .......... $120.00 Plan Check Technician...... .......... .......... ...................... .......... .......... .......... $ 73.00
SURVEYING SERVICES
Senior Surveyor ...... .......... .......... .......... ...................... .......... .......... .......... $126.00 2-Man Survey Crew .......... .......... .......... ...................... .......... .......... .......... $220.00
CONSTRUCTION SERVICES
Construction Services Manager.... .......... ...................... .......... .......... .......... $126.00 Assistant Construction Manager... .......... ...................... .......... .......... .......... $110.00 Senior Construction Inspector ..... .......... ...................... .......... .......... .......... $100.00 Construction Inspector ...... .......... .......... ...................... .......... .......... .......... $ 95.00
REIMBURSABLE COSTS
In-house Reproduction ..... .......... .......... ...................... .......... .......... .......... Cost + 10% Printing and Materials ....... .......... .......... ...................... .......... .......... .......... Cost + 10% Express Mail/Courier/Next Day Service .. ...................... .......... .......... .......... Cost + 10% Special Subconsultant Services .. .......... ...................... .......... .......... .......... Cost + 10% Revised April 2017
DocuSign Envelope ID: 7C718ADF-7917-4F9F-9F1C-76C5D9FD1D18 1240
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EXHIBIT "B"
COMPENSATION
Note: In the event there are any conflicts between the terms of this Agreement and the terms of the attached compensation schedule prepared by Service Provider, the language in this Agreement shall control.
I. Service Provider shall use the following rates of pay in the performance of the Services:
A. Per Exhibit “A”, Scope of Services.
II. Service Provider may utilize sub-contractors as indicated in this Agreement.
The hourly rate for any subcontractor shall be per Exhibit “A”, Scope of Services, or as otherwise agreed to by the City provided the total compensation of the Services shall not exceed what is shown in Section IV of this exhibit.
IV. The total compensation for the Services shall not exceed $270,000.00, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 1241
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EXHIBIT "C"
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The 1243
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policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 1244
CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.18
Meeting Date: October 11, 2023
SUBJECT: Appointments to the California Intergovernmental Risk Authority (CIRA) Board of Directors
SUBMITTED BY: Janet Morales
ACTION:
Approve a resolution entitled:
RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2023 - 31, AND APPOINTING A DIRECTOR AND
ALTERNATE DIRECTOR TO THE CALIFORNIA INTERGOVERNMENTAL RISK
AUTHORITY (CIRA) BOARD OF DIRECTORS
BACKGROUND:
The City is a member of the California Intergovernmental Risk Authority (CIRA), a statewide risk-sharing Joint Powers Authority offering a self-funded liability program and other coverage programs. Each member agency is required to appoint a Director and an alternate Director to the Board of Directors to make decisions on behalf of the City on all matters that come before the board.
DISCUSSION:
On July 12, 2023, the City Council appointed the Administrative Services Director to serve as the Director and the City Clerk to serve as the alternate. Since then, the City has authorized and filled a Human Resources and Risk Manager position who will be overseeing the city's risk management and related duties. Staff recommends that the City Council update the Director from the Administrative Services Director to the Human Resources and Risk Manager; and update the Alternate Director from the City Clerk to the Administrative Services Director. A new Resolution is required to reflect the changes to the appointments.
FISCAL IMPACT:
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None.
ATTACHMENTS:
1. Resolution - updated
2. Resolution 2023-31
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RESOLUTION NO. 2023 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REPEALING RESOLUTION NO. 2023 - 31, AND
APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE
CALIFORNIA INTERGOVERNMENTAL RISK AUTHORITY (CIRA)
BOARD OF DIRECTORS
WHEREAS, the City of Wildomar (the “City”) was a party to the Revised and Restated Joint Powers Agreement creating the Public Agency Risk Sharing Authority of California, dated December 2, 2010 (the “Joint Powers Agreement”) and, as such, was a Member Agency of the Public Agency Risk Sharing Authority of California (“PARSAC”), as that term is defined in the Joint Powers Agreement; and WHEREAS, On November 11, 2020, the City adopted a Joint Powers Agreement and Bylaws for the California Intergovernmental Risk Authority (CIRA), which permitted the merger and joining of the Public Agency Risk Sharing Authority of California (PARSAC) and the Redwood Empire Municipal Insurance Fund (REMIF) effective July 1, 2021; and
WHEREAS, Each Member Agency of CIRA is required to appoint a Director and an Alternate Director to act in the Director’s absence, to represent the City/Town as if the City/Town itself were present and acting on the CIRA Board of Directors for all matters which come before such Board of Directors, and also for the Director to be eligible for serving on the CIRA Executive Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Wildomar, California, does hereby repeal Resolution No. 2023-31.
BE IT FURTHER RESOLVED that the City Council hereby appoints the Human Resources and Risk Manager to serve as its Director on the CIRA Board of Directors to act on behalf of the City; and appoints the Administrative Services Director to serve as the Alternate Director in the absence of the Director; and BE IT FURTHER RESOLVED that the City Clerk is instructed to inform the Secretary of CIRA of the above appointments by sending a certified copy of this Resolution to CIRA’s business office.
PASSED, APPROVED, AND ADOPTED this 11th day of October, 2023. ______________________________
Joseph Morabito
Mayor
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APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.19
Meeting Date: October 11, 2023
SUBJECT: Updating City's Conflict of Interest Code
SUBMITTED BY: Janet Morales
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF INTEREST CODE SET FORTH BY THE
CALIFORNIA STATE FAIR POLITICAL PRACTICES COMMISSION FOR ELECTED
OFFICIALS, BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE CITY OF
WILDOMAR
SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest code biennially and as needed. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700).
BACKGROUND:
The Political Reform Act requires public agencies to adopt a local Conflict of Interest Code designating positions required to file Statements of Economic Interests (Form 700) and assigning disclosure categories specifying the types of interests to be reported. The Conflict of Interest code must be reviewed biennially and updated as needed.
DISCUSSION:
The City updated its schedule of authorized positions in June 2023. It would now be appropriate for the City Council to update the Conflict of Interest code to reflect the recent changes. The attached resolution identifies the changes made in red.
FISCAL IMPACT:
None.
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ATTACHMENTS:
1. Resolution - Updated
2. Resolution 2022-62
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RESOLUTION NO. 2023 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, UPDATING THE CITY’S CURRENT CONFLICT OF
INTEREST CODE SET FORTH BY THE CALIFORNIA STATE FAIR
POLITICAL PRACTICES COMMISSION FOR ELECTED OFFICIALS,
BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE
CITY OF WILDOMAR
RECITALS
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict interest codes; and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code; and
WHEREAS, the City has adopted Regulation 18730 as its conflict of interest code on August 27, 2008; and
WHEREAS, such terms can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wildomar as follows:
1. The terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit A, in which officials, boards and commission members and employees are designated, and Exhibit B in which disclosure categories are set forth, constitute the conflict of interest code of the City of Wildomar.
2. Upon receipt of statements of the Members of the City Council, Planning Commission, City Manager, City Attorney and City Treasurer, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Designated employees shall file statements of economic interests with the City Clerk. All statements of economic interests will be made available for public inspection and reproduction, upon request, pursuant to Government Code 81008.
3. Resolution No. 2022-62 is hereby repealed.
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PASSED, APPROVED, AND ADOPTED this 11th day of October, 2023. _____________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
Thomas D. Jex Janet Morales, CMC
City Attorney City Clerk
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EXHIBIT A
DESIGNATED EMPLOYEES
Position Disclosure
Category
Accounting Manager 1
Administrative Services Director 1
Assistant City Attorney 1
Assistant City Manager 1
Assistant to the City Manager 1
Chief Building Official 1
City Clerk 1
City Engineer 1
Code Enforcement Manager 1
Community Development Director 1
Community Services Director 1
Community Services Manager 1
Deputy City Manager 1
Economic Development Director 1
Economic Development Manager 1
Finance Manager 1
Human Resources and Risk Manager 1
Principal Engineer 1
Public Works Director 1
Candidates for Council 1
Measure AA Committee Members 1
Measure Z Committee Members 1
*Consultants 1-3 as applicable
*Consultants shall be included in the list of designated employees and may be required to file a State of California, Fair Political Practices Commission, Statement of Economic Interests form. If a consultant participates in making financial decisions, said consultant is required to disclose certain types of information so that the public can be made aware of any potential conflict of interest. This form must be filed each year and is a public document. However, the following limitation may apply:
The City Manager may determine in writing that a particular consultant, although a “designated position” is hired to perform a range of duties that is limited in scope and thus is not required to comply fully with the disclosure requirements described in this section.
Such determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. 1256
The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
The following positions are NOT covered by this code, because they are required to file full disclosure with the Fair Political Practices Commission (by way of the City Clerk) under Section 872000, and therefore, are listed for informational purposes only:
City Councilmembers
City Attorney
City Manager
City Treasurer
City Planning Commissioners
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EXHIBIT B
DISCLOSURE CATEGORIES
All disclosure definitions are contained in the Political Reform Act.
All designated employees shall make disclosure in the following category:
1. Full Disclosure: All investments and business positions in business entities, sources of income including gifts, loans and travel payments, and interests in real property.
Form 700 Schedules: All Schedules (A through E)
2. Income: All sources of income including gifts, loans, and travel payments, unless otherwise exempt from disclosure by the Political Reform Act.
Form 700 Schedules: C, D, E
3. Real Property: All interests in real property located within the City.
Form 700 Schedules: B
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RESOLUTION NO. 2022 - 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR,
CALIFORNIA, UPDATING THE CITY'S CURRENT CONFLICT OF
INTEREST CODE SET FORTH BY THE CALIFORNIA STATE FAIR
POLITICAL PRACTICES COMMISSION FOR ELECTED OFFICIALS,
BOARD AND COMMISSION MEMBERS AND EMPLOYEES OF THE
CITY OF WILDOMAR
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict interest codes;and
WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code; and
WHEREAS, the City has adopted Regulation 18730 as its conflict of interest code on August 27, 2008; and
WHEREAS, such terms can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wildomar as follows:
1. The terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Exhibit A, in which officials, boards and commission members and employees are designated, and Exhibit B in which disclosure categories are set forth, constitute the conflict of interest code of the City of Wildomar.
2. Upon receipt of statements of the Members of the City Council, Planning Commission, City Manager, City Attorney and City Treasurer, the City Clerk shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Designated employees shall file statements of economic interests with the City Clerk. All statements of economic interests will be made available for public inspection and reproduction, upon request, pursuant to Government Code 81008.
3. Resolution No. 2019-68 is hereby repealed.
PASSED, APPROVED, AND ADOPTED this 14th day of December, 2022. 1259
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CITY OF WILDOMAR
CC - REGULAR MEETING
CONSENT CALENDAR
Agenda Staff Report # 1.20
Meeting Date: October 11, 2023
SUBJECT: Tri-Party Consultant Services Agreement to prepare a Mitigated Negative Declaration for the Cherry Outpost Retail Project (PA 22-0118)
SUBMITTED BY: Matthew Bassi
PREPARED BY: Matthew Bassi
ACTION:
1. Authorize the City Manager to execute a Tri-Party Consultant Services Agreement between the City of Wildomar, Cherry Outpost, LP and PlaceWorks, Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project; and
2. Authorize the City Manager to execute a Consultant Services Agreement/Contract between the City of Wildomar and PlaceWorks, Inc., Inc. for the preparation of a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail Project.
BACKGROUND:
The Planning Department received the proposed Cherry Outpost retail development project (PA 23-0118) from Cherry Outpost, LP (Jack Kofdarali) on August 31, 2023. The project consists of the following applications for Planning Commission review:
1) CEQA/IS/MND: In accordance with CEQA Guidelines Section 15070, the proposed mixed-use project will require the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP). 2) Conditional Use Permit (CUP): In accordance with Section 17.248 and 17.76 of the WMC, the proposal requires approval of a CUP to establish a gas station/mini-mart with concurrent beer and wine sales, and express car wash, respectively. 3) Tentative Parcel Map (TPM): In accordance with Title 16.24.110 (Subdivision Ordinance) of the Wildomar Municipal Code, the proposal requires approval of a tentative parcel map to subdivide the 6.65 acre site to accommodate the sale of individual parcels in the project. 1265
4) Plot Plan (PP): In accordance with Section 17.216 of the WMC, the proposal requires approval of a Plot Plan consisting of 1) a 4-story, 84 room hotel, (45,571 s.f.), 2) a gas station complex, including a 7,376 s.f. C-store with an attached 3,200 s.f. drive-through restaurant, and a 2-position RV fueling area, 3) a stand-alone 3,600 s.f. fast food/drive-thru restaurant and a 5,724 s.f. express car wash with related accessories on a 6.65-acre site in the C-P-S zone. consistent with the city’s commercial objective design standards and guidelines.
DISCUSSION:
Based on review of the proposed development applications, and in accordance with Section 15070 of the California Environmental Quality Act (CEQA), the Planning Department has determined that the proposed development project will require the preparation and processing of an Initial Study/Mitigated Negative Declaration (IS/MND). Once the determination was made that an MND was needed, staff asked our on-call CEQA consultant (PlaceWorks) to submit a Scope of Work and Budget to prepare the IS/MND.
The scope and budget were sent to the Applicant (Cherry Outpost, LP - Jack Kofdarali) for review. Based on this step, the Applicant has agreed to move forward with the MND and accompanying technical studies. This action now requires Council approval of a Tri-Party agreement between the City of Wildomar, Cherry Outpost, LP and PlaceWorks, Inc. The MND contract agreement for PlaceWorks, Inc. is proposed for a total compensation of a “notto-exceed” amount of $75,707. With the City’s standard administrative MND charge of $8,000) and City Attorney costs ($12,000), the total cost to prepare the MND is $95,707. The total cost will be paid by the Applicant.
In accordance with the provisions of the agreement, the Applicant is required to deposit 50% of the total MND cost ($47,853.50) within ten (10) business days after the effective date of the agreement. This will allow PlaceWorks to begin the MND process. Further, within thirty (30) business days after the effective date, the applicant is required to deposit the remaining 50% of the MND cost ($47,853.50). The estimated time frame to prepare and process the MND is approximately six (6) months, not including public hearings before the Planning Commission.
FISCAL IMPACT:
All costs associated with the preparation and processing of the MND is the sole responsibility of the Applicant. Staff time spent on the project is covered by their developer deposit. Thus, there is no fiscal impact to the City’s General Fund.
ATTACHMENTS:
Attach A-MND-Tri Agreement 10-11-23.pdf
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CEQA DOCUMENT PREPARATION
AND DEPOSIT CONTRACT
This CEQA Document Preparation and Deposit Contract (“Contract”) is made and entered into as of October 11, 2023, by and among the City of Wildomar, a California municipal corporation, (“City”), Cherry Outpost, LP, (“Applicant”), and PlaceWorks, Inc. (“Consultant”) Hereafter, City, Applicant and Consultant may be collectively referred to as the “Parties.”
RECITALS
A. The California Environmental Quality Act (“CEQA”) [Public Resources Code § 21000 et seq.] makes lead agencies responsible for determining whether an environmental impact report (“EIR”), a negative declaration (“ND”), or a mitigated negative declaration (“MND”) is to be required for any project. CEQA also provides that any such EIR, ND, or MND be prepared directly by, or under contract to, the legal agency.
B. Applicant has applied to the City for one or more land use approvals for that project (“Project”) more particularly described in the “Project Description” attached hereto and incorporated herein by reference as Exhibit “A”.
C. City is the lead agency under CEQA for the Project. Based on its preliminary review and consultation with Applicant, City has determined that a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) (“CEQA Document”) is required for the Project to adequately assess its potentially significant impacts. Pursuant to Public Resources Code § 21080.1(a) City’s determination that this particular CEQA Document required for the Project is final and conclusive.
D. Consultant is a qualified environmental and/or land use planning firm. City, in consultation with Applicant, has selected Consultant to prepare the CEQA Document and any related studies, surveys, and reports as may be required to comply with CEQA.
Consultant has prepared a “Scope of Work” attached hereto and incorporated herein by reference as Exhibit “B”, outlining the breadth of analysis and the tasks to be performed to prepare the CEQA Document.
E. Applicant and Consultant acknowledge that as the lead agency, City is responsible for complying with CEQA and the State CEQA Guidelines (“CEQA Guidelines”) [14 Cal. Code Regs. § 15000 et seq], that the City is responsible for the adequacy of its environmental documents, that the City cannot rely on comments from other public agencies or private citizens as a substitute for work CEQA requires, and that this particular CEQA Document must reflect the independent judgment of the City.
Applicant and Consultant further acknowledge that as a result of these responsibilities, the CEQA Document is to be prepared and completed to reflect City’s independent judgment, to comply with CEQA and the CEQA Guidelines, and to comport with all applicable professional standards.
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F. CEQA authorizes City, as the lead agency, to charge and collect a reasonable fee from Applicant to recover the estimated costs incurred in preparing the CEQA Document and for procedures necessary to comply with CEQA regarding the Project. Applicant acknowledges that it is responsible for the payment of these costs as provided in this Contract.
G. City and Consultant acknowledge that CEQA and the CEQA Guidelines encourage the completion of the CEQA Document within certain time limits and that lead agencies should reduce delay and paperwork in the preparation of CEQA Documents.
H. Based on the foregoing Recitals, Applicant, City, and Consultant now desire to enter into this Contract for the preparation of the CEQA Document determined to be necessary for the Project.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above recitals and the mutual covenant hereafter set forth, the parties agree as follows:
Article 1.0 Applicants Obligations
1.1 CEQA Document Costs. Applicant shall pay all costs incurred for the preparation and completion of the CEQA Document.
1.2 Consultant Charges. Consultant’s estimated charge for services and reimbursable expenses for preparation and completion of the CEQA Document, pursuant to that Consultant Services Agreement between Consultant and City, a copy of which is attached hereto as Exhibit C are $75,707.
1.3 City Charges. City’s estimated administrative charge, including work by the City Attorney, for review and processing of the CEQA Document is $20,000.
1.4 Deposits. Applicant acknowledges that the Consultant estimated charges and the City estimated charges are estimates only and the actual costs may be higher.
Applicant agrees to pay all Consultant charges and City charges even if those charges exceed the cost estimates provided in this Contract. To ensure timely payment and performance, Applicant shall deposit the Consultant’s and City’s estimated charges (Total Estimated Cost) with the City as follows:
1.4.1 Initial Deposit. Within ten (10) business days after the Effective Date of this Contract, Applicant shall deposit $47,853.50 with the City, being an amount equal to one half (1/2) of the Total Estimated Cost. Within thirty (30) business days after the Effective Date of this Contract, Applicant shall deposit with the City the remaining balance of the Total Estimated Cost, which is $47,853.50.
1.4.2 Subsequent Deposits. Applicant shall be responsible for making subsequent deposits with City if necessary. At such time as the Initial Deposit is reduced to either ten percent (10%) of its original amount or $5,000, whichever is greater, City 1268
shall invoice the Applicant for a subsequent deposit in an amount determined to be sufficient by the City to complete the next logical phase of work on the CEQA Document.
Applicant shall deposit the invoiced amount with City within ten (10) business days after receipt of such invoice.
1.4.3 Return of Excess Deposits. Any excess of the amount deposited over the actual cost incurred by City in connection with preparation of the CEQA Document shall be refunded by City to Applicant within 15 days from the date a Notice of Determination in connection with the subject proposed Project is filed with the County Clerk.
1.4.4 No Obligation for City to Complete. Applicant understands and agrees that City shall have no obligation complete the CEQA Document, consider the CEQA Documents for approval, or to pay or incur any costs related thereto, in the event the that Applicant fails to deposit the funds required under Article 1.0 of this Contract. In no event shall City have any responsibility to incur or pay any cost for the preparation and completion of the CEQA Document, or any other activities associated with public review, comment, and consideration (such as preparing, posting, and filing notices, circulating copies of the CEQA Documents, or reviewing and recommending the CEQA Document for approval), except to the extent that Applicant has provided the deposits and funds to pay for such activities as provided under this Contract.
1.5 Communication. Applicant hereby agrees that its officers, employees, contractors, agencies or other representatives shall not communicate with, or discuss any matters relating to the CEQA Document with the Consultant engaged by City to prepare the CEQA Document without prior approval from the Planning Director or his duly authorized representative. Applicant further agrees that all questions regarding scheduling, content, or distribution of the CEQA Document, or any related matters, shall be addressed to the City staff, not the Consultant. The purpose of this provision is to ensure that the CEQA Document prepared will be objective and prepared on behalf of the City, and not a document prepared for purposes of advocating approval of the private proposed project to which it relates.
1.6 Representations. Applicant understands and acknowledges that, although City shall use reasonable efforts to see that the CEQA Document is completed in compliance with the requirements of CEQA and the State CEQA Guidelines, City does not guarantee, warranty, or in any way represent that the CEQA Document will or would be found legally valid by a court of competent jurisdiction in the event of a legal challenge to the CEQA Document by any litigant, and no term of this Contract is intended to be, or shall be, construed to express or imply such guarantee, warranty, or representation.
Applicant further understands and acknowledges that neither City’s receipt of the amounts specified under this Contract from Applicant, nor any other term of this Contract, is intended to be, or shall be, construed to express or imply that City agrees or intends to assume or reimburse the cost of attorney’s fees, or any other cost, expense or obligation, that would be incurred in undertaking, in whole or in part, the legal defense to any lawsuit or other legal action challenging the validity of the CEQA Document by any litigant. 1269
1.7 Peer Review. Applicant agrees to pay all costs associated with peer review of any document prepared in connection with the CEQA Document if a valid public controversy arises with respect to the CEQA Document. Peer review shall be conducted by the Applicant hiring an environmental consulting firm approved by the City to critique the adequacy of the CEQA Document (or any technical document pertaining thereto) so that the appropriate approval body can make an informed decision with respect to the environmental effects of the Project. For purposes of this section, a valid public controversy shall mean any of the following:
(1) submission of other differing scientific opinions with respect to the CEQA Document;
(2) submission of credible evidence in opposition to evidence contained within the CEQA Document;
(3) submission of additional credible information which was omitted from the CEQA Document.
Article 2.0 Consultants Obligations
2.1 Preparation of CEQA Document. Consultant shall prepare the CEQA Document identified in Recital C of this Contract (i.e., Mitigated Negative Declaration), including the Final MND/Response to Comments document.
2.2 Attendance at Public Hearings. The Consultant shall attend all public hearings in connection with the subject proposed Project.
2.3 City Documents. The City shall maintain ownership, custody and control over all documents prepared by Consultant including, but not limited to, all CEQA Documents.
2.4 Meetings. Both Applicant and Consultant agree not to hold meetings concerning the subject proposed Project without the City present.
Article 3.0 City Obligations
3.1 Review Materials. City shall review and analyze all materials submitted in connection with the CEQA Documents as timely as practicable under the circumstances.
City shall timely notify and work with Consultant regarding changes or modifications to any CEQA Documents.
3.2 Coordinate Meetings of Parties. City shall use its best efforts to coordinate and arrange meetings between City, Consultant and Applicant from time to time as the need arises.
3.3 Submit to Approval Body. Upon the satisfactory completion of the CEQA Document and all other City application processing requirements, City shall submit the Project for a hearing to the appropriate approval body of the City. 1270
Article 4.0 Indemnity
4.1 Indemnity. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures), (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that Applicant shall reimburse the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Article 5.0 General Provisions.
5.1 Attorney’s Fees. In the event any action is instituted to enforce the terms of this Contract, including any action to recover damages, to obtain injunctive relief, or to appeal any judgment or order of the court, the prevailing party in such action shall be entitled to entry of judgment for an amount equal to its reasonable attorneys’ fees, expert witness fees and costs, and costs of suit in addition to such other relief to which it may be entitled. The provisions of this subsection shall in no way limit the scope of either party’s obligations under this Contract.
5.2 Assignment. This Contract and any and all rights, duties and obligations set forth herein shall not be assigned or transferred by any party.
5.3 Amendments. This Contract may be amended only by a document in writing and signed by each of the parties to this Contract.
5.4 Entire Agreement. This Contract contains the entire agreement and understanding between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements oral or written, are merged herein, and shall be of no force or effect. California law shall govern the interpretation and enforcement of this Contract. 1271
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EXHIBIT “A”
Project Description
The applicant is proposing to develop proposed commercial retail center consisting of: 1) a 4-story, 84 room hotel, (45,571 s.f.), 2) a gas station complex, including a 7,376 s.f. Cstore with an attached 3,200 s.f. drive-through restaurant, and a 2-position RV fueling area, 3) a stand-alone 3,600 s.f. fast food/drive-thru restaurant and a 5,724 s.f. express car wash with related accessories on a 6.65-acre site in the C-P-S zone. The project will require the following applications for consideration by the Planning Commission. 1) CEQA IS/MND: In accordance with CEQA Guidelines Section 15070, the proposed mixed-use project will require the preparation of an Initial Study/Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Program (MMRP).
2) Conditional Use Permit (CUP): In accordance with Section 17.248 and 17.76 of the WMC, the proposal requires approval of a CUP to establish a gas station/minimart with concurrent beer and wine sales. 3) Tentative Parcel Map (TPM): In accordance with Title 16.24.110 (Subdivision Ordinance) of the Wildomar Municipal Code, the proposal requires approval of a tentative parcel map by the Planning Commission to subdivide the 6.65 acre site to accommodate the sale of individual parcels in the project. 4) Plot Plan (PP): In accordance with Section 17.216 of the WMC, the proposal requires approval of a Plot Plan by the Planning Commission to develop the commercial retail center consisting of: 1) a 4-story, 84 room hotel, (45,571 s.f.), 2) a gas station complex, including a 7,376 s.f. C-store with an attached 3,200 s.f. drive-through restaurant, and a 2-position RV fueling area, 3) a stand-alone 3,600 s.f. fast food/drive-thru restaurant and a 5,724 s.f. express car wash and on-site and off-site improvements consistent with the city’s commercial objective design standards and guidelines.
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EXHIBIT “B”
Tri-Party Contract for Consultant Services
PlaceWorks, Inc. Scope of Work
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September 26, 2023
Matthew C. Bassi
Community Development Director
City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Subject: MND Proposal for the Cherry Outpost Commercial Retail Center Project (PA 23-0118) Dear Mr. Bassi:
Thank you for this opportunity to provide our scope and cost to prepare environmental documentation for the proposed Cherry Outpost Commercial Retail Center Project consisting of a Conditional Use Permit, Tentative Parcel Map, and Plot Plan. We have based this scope and cost on the following technical studies:
• Cherry Outpost Project Air Quality and Greenhouse Gas Emissions, HELIX Environmental Planning, Inc., August 2023
• Cherry Outpost Project General Biological Resources Assessment, HELIX Environmental Planning, Inc., August 2023
• Cherry Outpost Cultural Resources Survey Report, HELIX Environmental Planning, Inc., April 2023
• Preliminary Geotechnical Investigation, GECON West, Inc., January 6, 2023 • Phase I Environmental Site Assessment, Herron Environmental, February 9, 2023 • Preliminary Stormwater Report (Hydrology Study and Water Quality Management Plan) for Cherry Outpost, Tait and Associates, Inc., August 22, 2023 • Cherry Outpost Project Acoustical Analysis Report, HELIX Environmental Planning, Inc., August 2023 (Updated report pending)
• Cherry Outpost Traffic Impact Analysis, Trames Solutions, Inc., June 23, 2023 Our preliminary review of the studies that have been submitted suggests that they support preparation of an initial study followed by a mitigated negative declaration (IS/MND). However, if the technical studies do not result in less than significant impacts (with or without mitigation measures), then an Environmental Impact Report would be prepared. The IS/MND would be used to scope out issues in the Notice of Preparation for an Environmental Impact Report, if needed.
This scope and budget do not account for the preparation of an Environmental Impact Report; the scope and budget would be revised accordingly.
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Project Understanding
The proposed project would develop a commercial retail center consisting of: 1) a 4-story, 57- room hotel (45,571 square feet); 2) a gas station complex, including a 7,376-square-foot convenience store with an attached 3,200-square-foot drive-through restaurant, and a 2-position RV fueling area; 3) a stand-alone 3,600-square-foot fast food/drive-through restaurant; and 4) a 5,724-square-foot express car wash with related accessories on a 6.65-acre site that is zoned CP-S (Scenic Highway Commercial) and designated Commercial Retail (CR). The project site is at the northwest corner of Bundy Canyon Road and Cherry Street (Assessor Parcel Numbers [APNs] 366-290-007 and -008).
Scope for CEQA Compliance
TASK 1 – PROJECT INITIATION
Research and Investigation
PlaceWorks will obtain all project data and information to date from federal, state, and local agencies that may be affected by the project to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. The PlaceWorks team will evaluate the necessary information with respect to the proposed project and identify any data gaps.
PlaceWorks will contact the Tribes on file with the City for compliance with AB 52. The contact will be using letters prepared for the Director’s signature on City letterhead. Consultation, if required, is usually conducted by conference call therefore an in-person meeting is not scoped or budgeted. As the project does not require a general plan amendment tribal consultation pursuant SB 18 is not required.
TASK 2 – TECHNICAL STUDY PEER REVIEW
PlaceWorkswill conduct a review of the technical reports prepared for the project. We will review each study to determine whether it addresses the applicable CEQA checklist questions and ensure that conclusions are based on the appropriate level of analysis, findings are adequately substantiated, and mitigation is adequate and CEQA compliant. This level of review does not involve modeling to replicate results and assumes that we can rely on engineering review of the traffic analysis, storm drainage, and similar engineering-based reports. Review comments will be provided to the City and applicant, and our cost estimate is based on a maximum of one round of comments/review for the technical review comments. Additional fee may be requested if more reviews are required.
Air Quality, Greenhouse Gas Emissions, & Energy
Nicole Vermilion, Principal, Air Quality, GHG, & Noise Services, will conduct a review of the air quality and GHG modeling and analysis. Nicole is up to date on the latest threshold methodology and case law for GHG emissions and has completed numerous GHG emissions analyses for CEQA projects. In addition, she is a member of the Association of Environmental Professional’s Climate 1277
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Change Committee and actively involved in development of GHG emissions thresholds approaches for development projects, and most recently, participated in the development of a white paper on establishing GHG reduction targets and thresholds for post-2020 GHG emissions analyses. The review of the GHG analysis will confirm the appropriate use of accepted thresholds of significance considering the Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Ranch), and Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v. County of San Diego (2018) 27 Cal.App.5th 892. PlaceWorks will review that the technical modeling assumptions for construction and operational activities were conducted in accordance with the South Coast AQMD methodology, include an internal consistency evaluation of the modeling assumptions with the project description and traffic report, and evaluate recommended measures to reduce significant impacts of the project (if needed). PlaceWorks will summarize the findings in a memorandum. This scope of work assumes no more than one round of peer review andcomment.
Biological Resources
ECORP will conduct a peer review of the General Biological Resources Assessment Report (August 2023) prepared by Helix Environmental Planning. The report will be evaluated to determine if appropriate standard methods and applicable agency protocols were used to complete the studies.
Requirements for additional studies or analyses will be determined and, if applicable, noted in the review but will not be conducted by ECORP under this scope of work. Conclusions, impacts, significance thresholds, recommendations, and mitigation measures will be reviewed for technical requirements and content, and a determination will be made as to whether they are in conformance with all the California Environmental Quality Act (CEQA) and Multiple Species Habitat Conservation Plan (MSHCP) guidelines. Any identified mitigation measures recommended to avoid potential impacts or reduce them to a less than significant level will also be reviewed. A summary of the findings will be provided to the Client in a brief letter memorandum. ECORP will provide one electronic copy (PDF) of the draft memorandum delivered by email. After incorporating one round of complete and compiled comments, a final version of the memorandum will be submitted electronically in PDF form.
Noise
Tony Chung, Associate Principal – Noise and Vibration, will conduct a third-party technical review of the noise technical study and associated modeling prepared for the proposed project. The review will confirm the use of accepted thresholds of significance, confirm that the technical modeling assumptions for construction and operational activities were conducted in accordance with industry standards and best practices evaluate internal consistency between the modeling assumptions and the project description and traffic report, and review recommended measures to reduce significant impacts of the project (if necessary). PlaceWorks will summarize the findings of the third-party technical evaluation in a memorandum. The technical analysis for noise is assumed to be complete and contain all information necessary to adequately evaluate impacts associated with the proposed project. This scope of work assumes one (1) round of peer review and comment.
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Deliverable(s):
− CEQA adequacy review technical memorandum to be provided for AQ/GHG/EN, Biological Resources, and Noise
TASK 3 – ADMINISTRATIVE DRAFT IS/MND
PlaceWorks will prepare an Initial Study with the latest CEQA Appendix G checklist that will include a description of the proposed project and detailed analysis of each of the project phases and their respective impacts on the below environmental areas:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology/Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Mandatory Findings of Significance
The IS/MND will include detailed explanations of all CEQA checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Sections 15063, 15070 and 15072 of the CEQA Guidelines. The IS/MND will identify and discuss the project location, environmental setting, existing uses onsite and in the vicinity, a project description, relevant background/history information, and previous environmental documentation, as applicable.
The IS/MND will be prepared utilizing the City’s preferred format. A discussion of the existing environmental baseline conditions will be provided for each issue area. The IS/MND will identify and evaluate the following: (1) potentially significant impacts; (2) potentially significant impacts unless mitigated; (3) less than significant impacts; and (4) issues resulting in no impacts. The IS will consider relevant direct, indirect, and cumulative impacts. Findings will be clearly substantiated for each checklist question to explain the basis for the assessment of No Impact, Less Than Significant Impact, Less Than Significant with Mitigation Incorporated, or Potentially Significant Impact. The IS/MND will identify mitigation measures, where applicable, to reduce impacts to less than significant, as well as identify conditions that future development applications would have to comply with per the City’s direction.
The analysis will be based on available literature, including but not limited to the City’s General Plan and Municipal Code; consultation with local public service and utility providers; and technical analyses listed above. PlaceWorks will submit the first screen check draft IS/MND to the City for review and comment. PlaceWorks will respond to the first screen check draft of the City and applicant.
TASK 4 – PUBLIC DRAFT IS/MND
PlaceWorks will revise the screen check draft IS/MND and prepare the Public Review Draft IS/MND and will submit a “proof” draft to the City for approval prior to release for the 30-day public review period. This task includes preparation of the Notice of Availability (NOA) for Public 1279
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Review. PlaceWorks will prepare and submit the NOC to the State Clearinghouse and the NOA to the City for proper noticing and distribution. In addition, PlaceWorks will draft an Agency Letter, similar in text to the NOA, and email the information to allow agencies to download the project information from the City’s website. The state requires that all submittals to the Office of Planning and Research (OPR) to be electronic. PlaceWorks will prepare all submittals for upload to the state site and will print 5 copies of the IS/MND.
TASK 5 – RESPONSE TO COMMENTS, MMRP & NOD
Upon completion of the public review period, PlaceWorks will provide written responses to written comments received on the Draft IS/MND during the public review period. Following City review of the Responses to Comments, PlaceWorks will make final revisions based on one round of City comments. The estimate of the level of effort in responding to comments is based on a low level of public controversy.
PlaceWorks will respond to one round of comments from the City and will revise the responses prepared as needed. PlaceWorks will make final revisions to the response to comments and IS/MND, as appropriate. PlaceWorks will prepare a “proof” Final IS/MND for approval by the City.
The Final IS/MND will include the responses to comments, any text changes to the IS/MND shown in strikeout/underline format, and the Mitigation Monitoring and Reporting Program (MMRP).
Mitigation Monitoring and Reporting Program
A MMRP will be developed by PlaceWorks for all mitigation measures identified because of significant project impacts. The MMRP will include a framework to implement the monitoring program including monitoring qualifications, specific monitoring activities, timing of monitoring activities, and a reporting system. The MMRP will be prepared for inclusion in the staff report as required by the City.
Notice of Determination
PlaceWorks will prepare a Notice of Determination (NOD) for the project, based on the findings of the Initial Study/Mitigated Negative Declaration. PlaceWorks assumes the City will file the NOD with the County Clerk within 5 days of project approval and adoption of the MND. PlaceWorks also assumes the City, or the applicant will be responsible for all filing fees.
TASK 6 – PROJECT MEETINGS AND PUBLIC HEARINGS
Project meetings and hearings include, but are not limited to, the following:
» Conference Call Meeting with City staff to review comments on Administrative Draft Initial Study #1
» Meeting with City staff to responses to comments
» AB 52 Consultation Calls (Typically two Tribes)
» Planning Commission Hearing
» City Council Hearing
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Additional meeting attendance by PlaceWorks will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved.
TASK 7 – PROJECT MANAGEMENT AND COORDINATION
PlaceWorks’ project manager will coordinate closely with the City, public agencies, and the project team to ensure that the CEQA documents are legally defensible, accurate, and useful tools for decision makers when considering the approval of the project. The project manager will be the key contact for the City and will be responsible for (1) task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local, state, and federal agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the environmental documents; (4) ensuring that the environmental review process satisfies the statutes and guidelines of CEQA and the City’s CEQA procedures; and (5) representing the consultant team in public meetings and project progress meetings if requested by the City.
If the schedule is extended beyond the anticipated schedule for reasons beyond the control of PlaceWorks, additional time for ongoing project management would be incurred, and an adjustment to our cost estimate may be required.
Proposed Schedule
Table 1, Proposed Schedule, provides a breakdown of the CEQA schedule. Note that the timeline does not include time for applicant or City review and revision. The CEQA schedule would begin once PlaceWorks receives the notice to proceed.
Table 1. Proposed CEQA Schedule
TASK APPROX. DURATION
WEEKS
Task 1 – Project Initiation & AB 52 3
Task 2 – Technical Study Peer Review 4
Task 3 – Admin Draft IS/MND 6
Task 4 – Public Review Draft & Distribution 6
Task 5 – Response to Comments, MMRP & NOD 4
Task 6 – Project Meetings and Public Hearings Ongoing
Task 7 – Project Management and Coordination Ongoing
Approximate Total Time from Authorized Start Date 23 b
a prepared concurrent with other tasks and does not affect schedule. b does not include review time by City or Applicant
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Cost Estimate
The proposed fee assumes the preparation of one Initial Study to support either a Negative Declaration or Mitigated Negative Declaration for the project. PlaceWorks projects a cost to not exceed $75,707 (see Table 2, Proposed Fee). As previously mentioned, we are willing to refine our scope of work and associated cost estimates to best meet the City’s needs.
Table 2. Proposed Fee
TASK COST
Task 1 – Project Initiation & AB 52 $1,586
Task 2 - Technical Study Peer Review $8,653
Ecorp – Biology Subconsultant for MSHCP Compliance Review $3,267 Task 3 – Admin Draft IS/MND $33,227
Task 4 – Public Draft IS/MND & Distribution $6,508
Task 5. – Response to Comments, MMRP & NOD $11,388
Task 6. - Project Meetings and Public Hearings $5,080
Task 7 – Project Management & Coordination $8,466
Subtotal: Labor $74,907
REIMBURSABLES (COPIES & MAILING ONLY)
Misc. Printing, Postage, Deliveries, Mileage $800
Subtotal: Reimbursables $800
GRAND TOTAL $75,707
Note: Budget does not include filing the NOD or the $2,814 fee for filing the NOD (County administration fee $50 + $2,764 2023 CDFW fee).
Printing, postage, delivery, and mileage costs are estimates and will be charged at actual cost.
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact me at 858.776.554.
Thank you for the opportunity to propose on this project.
Respectfully submitted,
PLACEWORKS
Mark Teague, AICP, Principal
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EXHIBIT “C”
Consultant Services Agreement between
PlaceWorks, Inc. and the City
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AGREEMENT FOR SERVICES
By and Between
THE CITY OF WILDOMAR,
a municipal corporation
and
PLACEWORKS, INC.
a California Corporation
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AGREEMENT FOR SERVICES
BETWEEN THE CITY OF WILDOMAR, CALIFORNIA
AND PLACEWORKS, INC
This Agreement for Services (“Agreement”) is entered into as of this 11th day of October, 2023 by and between the City of Wildomar, a municipal corporation (“City”) and PlaceWorks, Inc., a California Corporation (“Service Provider”). City and Service Provider are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought from its established on-call CEQA Service Provider, PlaceWorks, Inc., a Scope of Services and Budget to prepare a Mitigated Negative Declaration (MND) for the Cherry Outpost Retail project (PA 23-0118) the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Service Provider, following submission of a Scope of Services and Budget for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Wildomar’s Municipal Code, City has authority to enter into this Services Agreement and the City Manager has authority to execute this Agreement.
D. The Parties desire to formalize the selection of Service Provider for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement is for the timeframe outlined in the Scope of Services (Exhibit A) or until the IS/MND is adopted by the Planning Commission. 1285
SECTION 2. SCOPE OF SERVICES & SCHEDULE OF PERFORMANCE. (a) Scope of Services. Service Provider agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
(b) Schedule of Performance. The Services shall be completed pursuant to the schedule specified in Exhibit “A.” Should the Services not be completed pursuant to that schedule, the Service Provider shall be deemed to be in Default of this Agreement. The City, in its sole discretion, may choose not to enforce the Default provisions of this Agreement and may instead allow Service Provider to continue performing the Services.
SECTION 3. ADDITIONAL SERVICES.
Service Provider shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed seventy five thousand, seven hundred and seven dollars ($75,707), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. In accordance with California Government Code Section 8546.7, if the Not to Exceed Amount exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement and the Service Provider's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any 1286
charges or expenses are disputed by City, the original invoice shall be returned by City to Service Provider for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Service Provider which are disputed by City, City will use its best efforts to cause Service Provider to be paid within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice.
(d) Payment to Service Provider for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Service Provider.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Service Provider’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Service Provider’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Service Provider’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud.
Acceptance of any of Service Provider’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS; EXCEPTIONS; WARRANTY Except as otherwise provided below, all documents, data, studies, drawings, maps, models, photographs and reports prepared by service provider (collectively, “Documents”) under this Agreement are City’s property. Service Provider may retain copies of such Documents as desired but will deliver all original materials to City upon City’s written notice. City agrees that use of Service Provider’s completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at City’s own risk. Service Provider warrants that all Documents it drafts and completes pursuant to this Agreement constitutes original work. Specifically, Service Provider understands and agrees that use of artificial intelligence (AI) tools including, without limitation, ChatGPT, Microsoft’s Bing Chat, Google’s Bard, and Meta’s LLaMA (Large Language Model Meta AI), in the performance of this Agreement does not constitute an original work, i.e., submitting Documents generated by such AI tools to City and representing it as Service Provider’s original work constitutes a material breach of this Agreement, constitutes a false claim, and may also violate applicable intellectual property right laws including, without limitation, United States Copyright Law. Accordingly, and notwithstanding any other provision of this Agreement as to ownership, City specifically rejects ownership of such Documents. Service Provider is required to indemnify and defend City to the fullest extent allowed by applicable law should it violate this Section.
All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise 1287
disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Service Provider in the course of providing the Services pursuant to this Agreement, Service Provider’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All Final Work Product developed by Service Provider in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Service Provider. Upon completion, expiration or termination of this Agreement, Service Provider shall turn over to City all such Final Work Product if paid for by the City. This provision specifically excludes Service Providers’ work notes and drafts, which are owned by Service Provider, not City.
SECTION 7. SERVICE PROVIDER'S BOOKS AND RECORDS.
(a) Service Provider shall maintain any and all documents and records demonstrating or relating to Service Provider’s performance of the Services. Service Provider shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Service Provider pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Service Provider’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Service Provider’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such 1288
documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Service Provider is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Nothing in this Agreement may be construed to be inconsistent with this relationship or status. Service Provider shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Service Provider shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. (b) Service Provider shall perform all Services as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Service provider shall be solely responsible for the means, methods, techniques, sequences and procedures in performance of Services. The personnel performing the Services under this Agreement on behalf of Service Provider shall at all times be under Service Provider’s exclusive direction and control. Any terms within this Agreement regarding City directives apply to an concern the result of Service Provider’s provision of service and not the means, methods, or scheduling of the Service Provider’s work. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Service Provider or any of Service Provider’s officers, employees, or agents except as set forth in this Agreement. Service Provider shall not at any time or in any manner represent that Service Provider or any of Service Provider’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. (c) Neither Service Provider, nor any of Service Provider’s officers, employees or agents, shall obtain any privileges or rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Service Provider expressly waives any claim Service Provider may have to any such benefits, privileges or rights.
SECTION 9. STANDARD OF PERFORMANCE.
Service Provider represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Service Provider shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Service Provider shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Service Provider under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Service Provider’s work under this Agreement. Where there is a conflict between a general and a specific standard of 1289
performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Service Provider shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Service Provider shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement.
Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Service Provider to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Service Provider that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Service Provider shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Service Provider hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
Should Service Provider so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Service Provider hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Service Provider covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Service Provider’s performance of the Services. Service Provider further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an 1290
officer, employee, agent or subcontractor without the express written consent of the City Manager. Service Provider agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
(b) City understands and acknowledges that Service Provider is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Service Provider is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Service Provider will perform nonrelated services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Service Provider in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Service Provider. Service Provider shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Service Provider, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Service Provider gives City notice of such court order or subpoena.
(c) If Service Provider, or any officer, employee, agent or subcontractor of Service Provider, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Service Provider for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Service Provider’s conduct.
Service Provider shall promptly notify City should Service Provider, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Service Provider or be present at any deposition, hearing or similar proceeding. Service Provider agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Service Provider. However, this right to review any such response does not imply or 1291
mean the right by City to control, direct, or rewrite said response. Service Provider shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Service Provider’s services, to the fullest extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider, in the performance of professional services under this Agreement.
(b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Service Provider shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Service Provider, or by any individual or entity for which Service Provider is legally liable, including but not limited to officers, agents, employees or sub-contractors of Service Provider. (c) Indemnification from Sub-Service Providers. Service Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every sub-Service Provider or any other person or entity involved by, for, with or on behalf of Service Provider in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Service Provider fails to obtain such indemnity obligations from others as required herein, Service Provider agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Service Provider and shall survive the termination of this Agreement or this section. 1292
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Service Provider agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Service Provider agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Service Provider are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Service Provider under this Agreement. In recognition of that interest, Service Provider shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Service Provider’s duties or obligations under this Agreement without the prior written consent of the City. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Service Provider, in the performance of its duties pursuant to this Agreement, may utilize sub-contractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Service Provider shall make every reasonable effort to maintain the stability and continuity of Service Provider’s staff and sub-contractors, if any, assigned to perform the Services. Service Provider shall notify City of any changes in Service Provider’s staff and sub-contractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Service Provider. In the event such notice is given, Service Provider shall cease immediately all work in progress. (b) Service Provider may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City. (c) If either Service Provider or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Service Provider, or City may terminate this Agreement immediately upon written notice. 1293
(d) Upon termination of this Agreement by either Service Provider or City, all property belonging exclusively to City which is in Service Provider’s possession shall be returned to City. Service Provider shall furnish to City a final invoice for work performed and expenses incurred by Service Provider, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Service Provider is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Service Provider for any work performed after the date of default. Instead, the City may give notice to Service Provider of the default and the reasons for the default. The notice shall include the timeframe in which Service Provider may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Service Provider is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Service Provider does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Service Provider’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Service Provider shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Service Provider. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Service Provider in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:
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To City: City of Wildomar
Attn: City Manager
23873 Clinton Keith Rd., Suite 110
Wildomar, CA 92595
To Service Provider: PlaceWorks, Inc.
Attn: Kara L. Kosel, Director-Finance
3 MacArthur Place, Suite # 1100
Santa Ana, CA 92707
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Wildomar Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Service Provider and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager’s contracting authority under the Wildomar Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this 1295
Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Service Provider shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Service Provider and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). 1296
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EXHIBIT "A" - SCOPE OF SERVICES
I. Service Provider will perform the following Services:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
II. As part of the Services, Service Provider will prepare and deliver the following tangible work products to the City:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
III. During performance of the Services, Service Provider will keep the City appraised of the status of performance by delivering the following status reports:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
IV. The tangible work products and status reports will be delivered to the City pursuant to the following schedule:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
V. Service Provider will utilize the following personnel to accomplish the Services:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
VI. Service Provider will utilize the following subcontractors to accomplish the Services:
A. Refer to Attached Scope of Services
B. Refer to Attached Scope of Services
C. Refer to Attached Scope of Services
D. Refer to Attached Scope of Services
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September 26, 2023
Matthew C. Bassi
Community Development Director
City of Wildomar
23873 Clinton Keith Road, Suite 110
Wildomar, CA 92595
Subject: MND Proposal for the Cherry Outpost Commercial Retail Center Project (PA 23-0118) Dear Mr. Bassi:
Thank you for this opportunity to provide our scope and cost to prepare environmental documentation for the proposed Cherry Outpost Commercial Retail Center Project consisting of a Conditional Use Permit, Tentative Parcel Map, and Plot Plan. We have based this scope and cost on the following technical studies:
• Cherry Outpost Project Air Quality and Greenhouse Gas Emissions, HELIX Environmental Planning, Inc., August 2023
• Cherry Outpost Project General Biological Resources Assessment, HELIX Environmental Planning, Inc., August 2023
• Cherry Outpost Cultural Resources Survey Report, HELIX Environmental Planning, Inc., April 2023
• Preliminary Geotechnical Investigation, GECON West, Inc., January 6, 2023 • Phase I Environmental Site Assessment, Herron Environmental, February 9, 2023 • Preliminary Stormwater Report (Hydrology Study and Water Quality Management Plan) for Cherry Outpost, Tait and Associates, Inc., August 22, 2023 • Cherry Outpost Project Acoustical Analysis Report, HELIX Environmental Planning, Inc., August 2023 (Updated report pending)
• Cherry Outpost Traffic Impact Analysis, Trames Solutions, Inc., June 23, 2023 Our preliminary review of the studies that have been submitted suggests that they support preparation of an initial study followed by a mitigated negative declaration (IS/MND). However, if the technical studies do not result in less than significant impacts (with or without mitigation measures), then an Environmental Impact Report would be prepared. The IS/MND would be used to scope out issues in the Notice of Preparation for an Environmental Impact Report, if needed.
This scope and budget do not account for the preparation of an Environmental Impact Report; the scope and budget would be revised accordingly.
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Project Understanding
The proposed project would develop a commercial retail center consisting of: 1) a 4-story, 57- room hotel (45,571 square feet); 2) a gas station complex, including a 7,376-square-foot convenience store with an attached 3,200-square-foot drive-through restaurant, and a 2-position RV fueling area; 3) a stand-alone 3,600-square-foot fast food/drive-through restaurant; and 4) a 5,724-square-foot express car wash with related accessories on a 6.65-acre site that is zoned CP-S (Scenic Highway Commercial) and designated Commercial Retail (CR). The project site is at the northwest corner of Bundy Canyon Road and Cherry Street (Assessor Parcel Numbers [APNs] 366-290-007 and -008).
Scope for CEQA Compliance
TASK 1 – PROJECT INITIATION
Research and Investigation
PlaceWorks will obtain all project data and information to date from federal, state, and local agencies that may be affected by the project to acquire relevant environmental data, previous studies for the area and other available files, exhibits, maps, and reference documents. The PlaceWorks team will evaluate the necessary information with respect to the proposed project and identify any data gaps.
PlaceWorks will contact the Tribes on file with the City for compliance with AB 52. The contact will be using letters prepared for the Director’s signature on City letterhead. Consultation, if required, is usually conducted by conference call therefore an in-person meeting is not scoped or budgeted. As the project does not require a general plan amendment tribal consultation pursuant SB 18 is not required.
TASK 2 – TECHNICAL STUDY PEER REVIEW
PlaceWorkswill conduct a review of the technical reports prepared for the project. We will review each study to determine whether it addresses the applicable CEQA checklist questions and ensure that conclusions are based on the appropriate level of analysis, findings are adequately substantiated, and mitigation is adequate and CEQA compliant. This level of review does not involve modeling to replicate results and assumes that we can rely on engineering review of the traffic analysis, storm drainage, and similar engineering-based reports. Review comments will be provided to the City and applicant, and our cost estimate is based on a maximum of one round of comments/review for the technical review comments. Additional fee may be requested if more reviews are required.
Air Quality, Greenhouse Gas Emissions, & Energy
Nicole Vermilion, Principal, Air Quality, GHG, & Noise Services, will conduct a review of the air quality and GHG modeling and analysis. Nicole is up to date on the latest threshold methodology and case law for GHG emissions and has completed numerous GHG emissions analyses for CEQA projects. In addition, she is a member of the Association of Environmental Professional’s Climate 1301
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Change Committee and actively involved in development of GHG emissions thresholds approaches for development projects, and most recently, participated in the development of a white paper on establishing GHG reduction targets and thresholds for post-2020 GHG emissions analyses. The review of the GHG analysis will confirm the appropriate use of accepted thresholds of significance considering the Center for Biological Diversity v. California Department of Fish and Wildlife (Newhall Ranch), and Golden Door Properties, LLC v. County of San Diego/Sierra Club, LLC v. County of San Diego (2018) 27 Cal.App.5th 892. PlaceWorks will review that the technical modeling assumptions for construction and operational activities were conducted in accordance with the South Coast AQMD methodology, include an internal consistency evaluation of the modeling assumptions with the project description and traffic report, and evaluate recommended measures to reduce significant impacts of the project (if needed). PlaceWorks will summarize the findings in a memorandum. This scope of work assumes no more than one round of peer review andcomment.
Biological Resources
ECORP will conduct a peer review of the General Biological Resources Assessment Report (August 2023) prepared by Helix Environmental Planning. The report will be evaluated to determine if appropriate standard methods and applicable agency protocols were used to complete the studies.
Requirements for additional studies or analyses will be determined and, if applicable, noted in the review but will not be conducted by ECORP under this scope of work. Conclusions, impacts, significance thresholds, recommendations, and mitigation measures will be reviewed for technical requirements and content, and a determination will be made as to whether they are in conformance with all the California Environmental Quality Act (CEQA) and Multiple Species Habitat Conservation Plan (MSHCP) guidelines. Any identified mitigation measures recommended to avoid potential impacts or reduce them to a less than significant level will also be reviewed. A summary of the findings will be provided to the Client in a brief letter memorandum. ECORP will provide one electronic copy (PDF) of the draft memorandum delivered by email. After incorporating one round of complete and compiled comments, a final version of the memorandum will be submitted electronically in PDF form.
Noise
Tony Chung, Associate Principal – Noise and Vibration, will conduct a third-party technical review of the noise technical study and associated modeling prepared for the proposed project. The review will confirm the use of accepted thresholds of significance, confirm that the technical modeling assumptions for construction and operational activities were conducted in accordance with industry standards and best practices evaluate internal consistency between the modeling assumptions and the project description and traffic report, and review recommended measures to reduce significant impacts of the project (if necessary). PlaceWorks will summarize the findings of the third-party technical evaluation in a memorandum. The technical analysis for noise is assumed to be complete and contain all information necessary to adequately evaluate impacts associated with the proposed project. This scope of work assumes one (1) round of peer review and comment.
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Deliverable(s):
− CEQA adequacy review technical memorandum to be provided for AQ/GHG/EN, Biological Resources, and Noise
TASK 3 – ADMINISTRATIVE DRAFT IS/MND
PlaceWorks will prepare an Initial Study with the latest CEQA Appendix G checklist that will include a description of the proposed project and detailed analysis of each of the project phases and their respective impacts on the below environmental areas:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology/Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Mandatory Findings of Significance
The IS/MND will include detailed explanations of all CEQA checklist determinations and discussions of potential environmental impacts. The analysis shall be in accordance with Sections 15063, 15070 and 15072 of the CEQA Guidelines. The IS/MND will identify and discuss the project location, environmental setting, existing uses onsite and in the vicinity, a project description, relevant background/history information, and previous environmental documentation, as applicable.
The IS/MND will be prepared utilizing the City’s preferred format. A discussion of the existing environmental baseline conditions will be provided for each issue area. The IS/MND will identify and evaluate the following: (1) potentially significant impacts; (2) potentially significant impacts unless mitigated; (3) less than significant impacts; and (4) issues resulting in no impacts. The IS will consider relevant direct, indirect, and cumulative impacts. Findings will be clearly substantiated for each checklist question to explain the basis for the assessment of No Impact, Less Than Significant Impact, Less Than Significant with Mitigation Incorporated, or Potentially Significant Impact. The IS/MND will identify mitigation measures, where applicable, to reduce impacts to less than significant, as well as identify conditions that future development applications would have to comply with per the City’s direction.
The analysis will be based on available literature, including but not limited to the City’s General Plan and Municipal Code; consultation with local public service and utility providers; and technical analyses listed above. PlaceWorks will submit the first screen check draft IS/MND to the City for review and comment. PlaceWorks will respond to the first screen check draft of the City and applicant.
TASK 4 – PUBLIC DRAFT IS/MND
PlaceWorks will revise the screen check draft IS/MND and prepare the Public Review Draft IS/MND and will submit a “proof” draft to the City for approval prior to release for the 30-day public review period. This task includes preparation of the Notice of Availability (NOA) for Public 1303
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Review. PlaceWorks will prepare and submit the NOC to the State Clearinghouse and the NOA to the City for proper noticing and distribution. In addition, PlaceWorks will draft an Agency Letter, similar in text to the NOA, and email the information to allow agencies to download the project information from the City’s website. The state requires that all submittals to the Office of Planning and Research (OPR) to be electronic. PlaceWorks will prepare all submittals for upload to the state site and will print 5 copies of the IS/MND.
TASK 5 – RESPONSE TO COMMENTS, MMRP & NOD
Upon completion of the public review period, PlaceWorks will provide written responses to written comments received on the Draft IS/MND during the public review period. Following City review of the Responses to Comments, PlaceWorks will make final revisions based on one round of City comments. The estimate of the level of effort in responding to comments is based on a low level of public controversy.
PlaceWorks will respond to one round of comments from the City and will revise the responses prepared as needed. PlaceWorks will make final revisions to the response to comments and IS/MND, as appropriate. PlaceWorks will prepare a “proof” Final IS/MND for approval by the City.
The Final IS/MND will include the responses to comments, any text changes to the IS/MND shown in strikeout/underline format, and the Mitigation Monitoring and Reporting Program (MMRP).
Mitigation Monitoring and Reporting Program
A MMRP will be developed by PlaceWorks for all mitigation measures identified because of significant project impacts. The MMRP will include a framework to implement the monitoring program including monitoring qualifications, specific monitoring activities, timing of monitoring activities, and a reporting system. The MMRP will be prepared for inclusion in the staff report as required by the City.
Notice of Determination
PlaceWorks will prepare a Notice of Determination (NOD) for the project, based on the findings of the Initial Study/Mitigated Negative Declaration. PlaceWorks assumes the City will file the NOD with the County Clerk within 5 days of project approval and adoption of the MND. PlaceWorks also assumes the City, or the applicant will be responsible for all filing fees.
TASK 6 – PROJECT MEETINGS AND PUBLIC HEARINGS
Project meetings and hearings include, but are not limited to, the following:
» Conference Call Meeting with City staff to review comments on Administrative Draft Initial Study #1
» Meeting with City staff to responses to comments
» AB 52 Consultation Calls (Typically two Tribes)
» Planning Commission Hearing
» City Council Hearing
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Additional meeting attendance by PlaceWorks will be billed on a time-and-materials basis in accordance with the hourly rates for the personnel involved.
TASK 7 – PROJECT MANAGEMENT AND COORDINATION
PlaceWorks’ project manager will coordinate closely with the City, public agencies, and the project team to ensure that the CEQA documents are legally defensible, accurate, and useful tools for decision makers when considering the approval of the project. The project manager will be the key contact for the City and will be responsible for (1) task scheduling and assignment, management of resources, monitoring of costs, and schedule adherence; (2) consultation and coordination with local, state, and federal agencies relative to the environmental document and the environmental review process; (3) coordination and communications with the project team to ensure that City policies, procedures, and any applicable codes are complied with and, where applicable, are incorporated into the environmental documents; (4) ensuring that the environmental review process satisfies the statutes and guidelines of CEQA and the City’s CEQA procedures; and (5) representing the consultant team in public meetings and project progress meetings if requested by the City.
If the schedule is extended beyond the anticipated schedule for reasons beyond the control of PlaceWorks, additional time for ongoing project management would be incurred, and an adjustment to our cost estimate may be required.
Proposed Schedule
Table 1, Proposed Schedule, provides a breakdown of the CEQA schedule. Note that the timeline does not include time for applicant or City review and revision. The CEQA schedule would begin once PlaceWorks receives the notice to proceed.
Table 1. Proposed CEQA Schedule
TASK APPROX. DURATION
WEEKS
Task 1 – Project Initiation & AB 52 3
Task 2 – Technical Study Peer Review 4
Task 3 – Admin Draft IS/MND 6
Task 4 – Public Review Draft & Distribution 6
Task 5 – Response to Comments, MMRP & NOD 4
Task 6 – Project Meetings and Public Hearings Ongoing
Task 7 – Project Management and Coordination Ongoing
Approximate Total Time from Authorized Start Date 23 b
a prepared concurrent with other tasks and does not affect schedule. b does not include review time by City or Applicant
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Cost Estimate
The proposed fee assumes the preparation of one Initial Study to support either a Negative Declaration or Mitigated Negative Declaration for the project. PlaceWorks projects a cost to not exceed $75,707 (see Table 2, Proposed Fee). As previously mentioned, we are willing to refine our scope of work and associated cost estimates to best meet the City’s needs.
Table 2. Proposed Fee
TASK COST
Task 1 – Project Initiation & AB 52 $1,586
Task 2 - Technical Study Peer Review $8,653
Ecorp – Biology Subconsultant for MSHCP Compliance Review $3,267 Task 3 – Admin Draft IS/MND $33,227
Task 4 – Public Draft IS/MND & Distribution $6,508
Task 5. – Response to Comments, MMRP & NOD $11,388
Task 6. - Project Meetings and Public Hearings $5,080
Task 7 – Project Management & Coordination $8,466
Subtotal: Labor $74,907
REIMBURSABLES (COPIES & MAILING ONLY)
Misc. Printing, Postage, Deliveries, Mileage $800
Subtotal: Reimbursables $800
GRAND TOTAL $75,707
Note: Budget does not include filing the NOD or the $2,814 fee for filing the NOD (County administration fee $50 + $2,764 2023 CDFW fee).
Printing, postage, delivery, and mileage costs are estimates and will be charged at actual cost.
Acknowledgment
This proposal shall remain valid for a period of 90 days from the time of submittal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact me at 858.776.554.
Thank you for the opportunity to propose on this project.
Respectfully submitted,
PLACEWORKS
Mark Teague, AICP, Principal
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EXHIBIT "B"
COMPENSATION
I. Service Provider shall use the following rates of pay in the performance of the Services:
A. Refer to Scope of Services for Budget/Compensation - Refer to Scope in Exhibit A above
II. Service Provider may utilize sub-contractors as indicated in this Agreement. The hourly rate for any subcontractor is not to exceed the amount outlined in the Scope of Services for Budget/Compensation.
III. The total compensation for the Services shall not exceed $75,707, as provided in Section 4 “Compensation and Method of Payment” of this Agreement. 1307
Exhibit C
Insurance Requirements
Service Provider shall procure and maintain, for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Service Provider, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Service Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Service Provider provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Service Provider’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of work. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Agreement effective date, the Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of Agreement work. A copy of the claims reporting requirements must be submitted to the City for review.
If the Service Provider maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Service Provider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
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Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Service Provider including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Service Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this Agreement, the Service Provider’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider’s insurance and shall not contribute with it.
Notice of Cancellation
Service Provider shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Service Provider shall forthwith obtain and submit proof of substitute insurance.
Waiver of Subrogation
Service Provider hereby grants to City a waiver of any right to subrogation which any insurer of said Service Provider may acquire against the City by virtue of the payment of any loss under such insurance. Service Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Service Provider, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Service Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Service Provider shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Service Provider’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Service Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Service Provider shall ensure that City is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 1310
CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.1
Meeting Date: October 11, 2023
SUBJECT: City Manager Contract Amendment
SUBMITTED BY: Thomas D Jex
PREPARED BY: Thomas D Jex
ACTION:
Approve and authorize the Mayor to execute the City Manager contract amendment.
DISCUSSION:
The City Council has met in closed session to evaluate Mr. York’s work performance and he has received a positive job performance review. The City Council expressed a desire to extend Mr. York’s contract and the parties have agreed to the terms provided for in the Amendment to City Manager's contract.
Key provisions of the Amendment include the following:
1. Extension of employment term until February 1, 2026, with an option to extend by an additional two years;
2. Increase Mr. York’s annual salary from $245,000 to $249,000;
3. Mr. York will receive the same cost of living adjustment (“COLA”) increases as City staff;
4. Removed the cap from the City’s contribution towards Mr. York’s Platinum Medicare Supplement upon retirement;
5. Increased deferred compensation contribution from 8% to 10% of Mr. York’s annual salary; and
6. The City agrees to not terminate Mr. York without cause within a period of twelve months after any general municipal election at which any new member of City Council is elected. 1311
FISCAL IMPACT:
Staff estimates the following fiscal impact from the Amendment:
Amendment Provision Fiscal Impact
Salary increase to $249,000.00 $4,000 per year
COLA adjustment provision
No immediate impact, however, impact will take place
as City Council approves COLA for all City
employees
Remove Cap ($1,200 per month) from
Cafeteria benefit and provide Mr. York
with same Cafeteria benefit as
available to all other City employees
Current City cafeteria allowance ranges from
$1,400.00-$1,650.00. Impact for this increase ranges
between $200.00-$450.00 per month.
Contribution to Platinum Medicare
Supplement Plan upon retirement
No immediate fiscal impact. However, this benefit
was previously capped at $4,500 per year, but will no
longer have a cap following the Amendment.
Deferred compensation increase from
8% to 10%
Overall fiscal impact of increase, including adjustment for additional salary, is approximately: $5,300 per
year.
ATTACHMENTS:
1. Amendment to City Manager Employment Agreement
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AMENDMENT TO THE EMPLOYMENT AGREEMENT
FOR THE POSITION OF CITY MANAGER
This Amendment to the Employment Agreement for the Position of City Manager (“Amendment”) is entered into as of October 11, 2023, between the City of Wildomar (“CITY”), a California municipal corporation and general law city, and Daniel York (“YORK”), an individual. YORK and the CITY may be individually described as “Party” or jointly described as the “Parties.” In consideration of the mutual promises and agreements set forth below, the Parties agree as follows:
RECITALS.
WHEREAS, on December 15, 2021, the Parties entered into the Employment Agreement for the Position of City Manager (“Agreement”), wherein the CITY employed YORK for the position of City Manager effective February 1, 2022; WHEREAS, on September 13, 2023, the City Council met in closed session to evaluate the performance of City Manager;
WHEREAS, at the October 11, 2023 City Council meeting, the City Council considered the Amendment to the Agreement as further provided below; and WHEREAS, the Parties wish to enter into this Amendment to the Agreement to delineate the agreed upon modifications to the Agreement.
NOW, THEREFORE, in consideration of the promises herein, the Parties agree as follows:
OPERATIVE PROVISIONS
1. Paragraph 1.2 (Commencement Date / Period of Employment) of the Agreement is amended as follows: “The Parties agree that this Agreement shall commence and will be effective as of February 1, 2022, provided that and subject to, approval of the Agreement by the CITY’s City Council and execution of the Agreement by YORK and CITY’s Mayor. YORK has completed the required background check and physical examination within the previous six months. YORK shall serve as City Manager for a term of four (4) years subject to either of the Parties terminating the Agreement as provided in Section 3 [Termination] of this Agreement. In the event that none of the foregoing has occurred within the four (4) year term, then this Agreement shall automatically expire. The Parties may mutually agree, by written amendment of this Agreement approved by the City Council and executed by YORK and CITY’s Mayor, to extend the term for a further stated period of time up to two (2) additional years.”
2. Paragraph 2.1 (Base Salary) of the Agreement is amended as follows: “On the Effective Date of the Amendment, YORK shall receive an annual base salary of two hundred forty nine thousand dollars and 00/100 ($249,000.00) paid on a pro-rated basis 1313
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according to the bi-weekly payroll schedule in place for CITY employees. Such base salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation and other payroll-related liability costs.”
3. Paragraph 2.2 (Adjustment to Compensation) of the Agreement is amended as follows: “YORK’s base salary will be evaluated each year during YORK’s annual performance evaluation. YORK’s base salary will also adjust in accordance with the City’s Resolution(s) pertaining to cost of living adjustment (“COLA”) for all city staff.
Excluding annual COLA, any adjustment in YORK’s annual base salary, merit increases, adjustments in benefits or other compensation, including a discretionary prospective incentive bonus, shall be solely at the discretion of the City Council and based on YORK’s annual performance evaluation. Adjustments to YORK’s compensation are not governed by or subject to CITY’s Personnel Policies. All adjustments in compensation, other than annual COLA that is separately approved by City Council resolution as to all City staff, are subject to approval by the affirmative vote of at least three members of the City Council voting on the item at a duly noticed and agendized public meeting.” \
4. Paragraph 2.3.1 (a) (Health Insurance: Active Employment) of the Agreement is amended as follows: “YORK shall be provided with a Cafeteria Plan consistent with the City’s and Personnel Rules and Regulations, which will be administered by the CITY pursuant to section 125 of the Internal Revenue Code. CITY’s contribution to the Cafeteria Plan will be consistent with the City Resolution(s) pertaining to the Health Benefit Allotment and may be used towards health, dental, or vision coverage for YORK and his dependents.”
5. Paragraph 2.3.1 (b) (Health Insurance: Retiree Health) of the Agreement is amended as follows: “Upon YORK’s retirement from CITY employment, the CITY shall provide YORK and his dependent(s) the same health benefits coverage as during active employment, consistent with the most current City Council resolution regarding the same, as may be updated from time to time. Upon reaching the minimum Medicare age eligibility, as detailed under federal law, the CITY shall provide YORK the full contribution towards the Public Employees’ Retirement System (“PERS”) Platinum Medicare Supplement plan or equivalent. YORK must meet the definition of an “annuitant” as defined by CalPERS and CalPERS minimum age and years of service requirements in order to be eligible to maintain the CITY-paid health insurance coverage. For purposes of this section, YORK shall be considered retired once the City receives the Notice of Placement on Retirement Roll from CalPERS for YORK.
6. Paragraph 2.3.3 (Life Insurance) of the Agreement is amended as follows:
“During YORK’s active employment, the CITY will pay one hundred percent (100%) of the premium for YORK’s General Universal life insurance coverage contracted by CITY. The benefit coverage for YORK under such program is two hundred and forty nine thousand dollars and 00/100 ($249,000.00). York shall control the designation of any and all beneficiaries.”
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7. Paragraph 2.3.6 (Deferred Compensation) of the Agreement is amended as follows “The CITY will contribute ten percent (10%) of YORK’s annual base salary, up to the maximum allowable amount under the law, to YORK’s deferred compensation plan.”
8. Paragraph 2.3.7 (Holidays) of the Agreement is amended as follows:
“YORK shall be entitled to those holidays granted to CITY employees in the applicable version of the City’s Personnel Rules and Regulations as may be updated by City Council Resolution from time to time.”
9. Paragraph 2.4.5 (Bereavement Leave) of the Agreement is amended as follows: “In the event YORK is absent from work by reason of a death of a family member as defined under Government Code section 12945.7, subd. (a)(3), he may be allowed a leave of absence with pay. YORK may be allowed up to five (5) cumulative working days, forty (40) hours, per death. Such leave will not be deducted from YORK’s sick leave.
Bereavement leave is not eligible to be cashed out.”
10. Paragraph 3 (Terminations) of the Agreement is amended to add the following subparagraph: “3.7 Effect of City Elections on Terminations.
Notwithstanding the other termination provisions of this Agreement, CITY agrees not to terminate YORK’s employment not-for-cause, within a period of twelve months after any general municipal election at which any new member of the City Council is elected.”
11. Except as specifically modified and amended in this Amendment, the Agreement remains in full force and effect and binding upon the Parties.
12. Effective Date. This Amendment shall be effective upon execution by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Amendment.
York
Daniel York
City of Wildomar
Joseph Morabito, Mayor
Attest
Janet Morales, City Clerk
APPROVED AS TO FORM:
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Thomas D. Jex
City Attorney
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CITY OF WILDOMAR
CC - REGULAR MEETING
GENERAL BUSINESS
Agenda Staff Report # 3.2
Meeting Date: October 11, 2023
SUBJECT: Amendment to City Personnel Rules and Adoption of Harassment, Discrimination, and Retaliation Prevention Policy SUBMITTED BY: Heidi Schrader
PREPARED BY: Heidi Schrader
ACTION:
Adopt a Resolution entitled:
RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REVISING THE CITY’S PERSONNEL RULES AND ADOPTING A HARASSMENT,
DISCRIMINATION, AND RETALIATION PREVENTION POLICY
SUMMARY:
The City Manager and Administrative Services Director recommend amending the City Personnel Rules (Rules) in accordance with Exhibit A to the Resolution, and adopting a Harassment, Discrimination, and Retaliation Prevention Policy attached as Exhibit B to the Resolution.
BACKGROUND:
The City of Wildomar last amended the Rules in November 2022 to change the City's Holiday schedule. The action removed the floating holiday and authorized the closure of City Hall and the Cemetery District Office for the last week of December. Prior to that, the Rules have not been changed since July 2018. This will constitute the first major rewrite to the Rules in a significant period.
The City has experienced steady growth in its personnel counts, due to hiring internal staff and reducing contract services. This has made it increasingly important that staff take a fresh look at the rules that guide our personnel and our employment practices. In reviewing these Rules, Human Resources staff worked with the City Attorney's office to identify opportunities to align rules with current laws and legislative requirements, to more accurately reflect current 1317
organizational structure, and to build flexibility to facilitate future growth.
In addition to updated Rules, the City has a need for a stand alone Harassment, Discrimination and Retaliation Prevention policy. The policy, attached as Exhibit B to the Resolution, applies to all officials, employees, interns, and volunteers involved in the operations of the City. It also applies to applicants for employment, or any participant of another limited duration. The policy prohibits harassment and discrimination by any employee including supervisors and co-workers, and by others doing business with the City.
DISCUSSION:
The Rules have been globally amended to adopt more inclusive language, to reference stand alone policies where necessary, and for clarity. Significant amendments to the various sections (or rules) of these Personnel Rules include the following changes as outlined in Exhibit A to the Resolution:
Rule III to align the Rules with non-discrimination law, to facilitate light or modified duty during the interactive process, add a section for religious accommodation, and cross reference the City’s standalone policy for lactation accommodation.
Rule IV to clarify the process for adoption, amendment and revision of the classification/compensation plan and written job descriptions.
Rule V to add bilingual pay for employees in certain classifications, selected at the City’s sole discretion, that have successfully completed a language proficiency examination in a language(s) selected by the City as qualified for bilingual pay.
Rule V to add the process for calculating an annual cost of living adjustment (“COLA”).
Such COLA provision provides the parameters for City Council to evaluate COLA on ongoing basis effective July 1, 2024.
Rule V to further refine the process for calculating and determining eligibility for a severance payment for Executive Classification Employees and Department Heads upon termination without cause and add a requirement to execute a waiver and release of all claims acceptable to the City to receive such severance.
Rule VI to better reflect the City’s current process for filling vacancies, determining eligibility, and screening new employees.
Rule VII to clarify the rights and responsibilities of provisional appointments, acting appointments, and emergency appointments, and add reemployment, promotion, demotion, and interactive process transfer of employees.
Rule VIII to add additional family members under the definition of “Family Members.” Rule VIII is further revised to prohibit on-duty romantic conduct at off-site locations.
Adds a new rule related to maintenance of employee personnel records and references.
Rule X to clarify the 4/10 and 5/8 work weeks, meal periods, rest periods, and overtime.
Rule XI to equitably distribute holidays among employees, based on their assigned work schedule, and provide employees with holidays for days that they are otherwise regularly scheduled to work.
Rule XI to modify the process for vacation cash out to comply with Internal Revenue 1318
Service constructive receipt rules, and to clarify that part-time employees are not eligible for vacation leave.
Rule XI to clarify the rules for sick leave for full-time, part time, and temporary employees.
Rule XI to ensure its bereavement leave provision complies with the law.
Rule XI to clarify the process for placing an employee on Fitness for Duty Leave.
Rule XI to add: 1) the following paid leaves/absences: voting leave, subpoenaed absence, and personnel action leave; and 2) unpaid school leave.
Adds a new rule defining attendance, tardiness, general absences and unauthorized absences.
Rule XII to clarify the duration of the reemployment list and to ensure the rule for employee resignation aligns with the at-will nature of City employment.
Rule XIII refining the process for notification of outside employment and updating government code sections.
Rule XIV refining its procedures for disciplinary action to better align with the at-will nature of City employment.
Rule XV refining the employee grievance process.
Rule XVIII to refer to the City’s stand-alone workplace violence prevention policy.
Rule XXI to determine whether reasonable accommodation is available should an employee be unable to wear safety equipment.
Adds a new rule outlining employee disaster and emergency service worker responsibility under California law.
The stand alone Harassment, Discrimination and Retaliation Prevention policy formalizes our procedures and ensures ongoing compliance with the law by implementing, among others, the following legally compliant requirements:
Training and dissemination requirement. All employees will be given a copy of the policy and will receive guidance from Human Resources on its provisions and the City’s commitment to provide a harassment-free, discrimination-free, and retaliation-free workplace. Non-Supervisory employees will receive training in accordance with Government Code section 12950.1 and Supervisory employees will be trained once every two years for a minimum of two hours.
Procedure for the prevention of harassment, discrimination, and retaliation. The City’s complaint procedure provides for a prompt, thorough, impartial, and objective investigation of every harassment, discrimination, or retaliation claim, appropriate disciplinary action against one found to have engaged in prohibited harassment, discrimination, or retaliation, and appropriate remedies to any victim of harassment, discrimination, or retaliation.
FISCAL IMPACT:
There will be a fiscal impact associated with adding the Bilingual Pay Premium. It is estimated that a maximum of ten staff would be determined to be eligible, with an overall annual fiscal 1319
impact of $12,000.
The fiscal impact of the Cost of Living Allowance (COLA) will be brought forward to Council annually, when each COLA is approved.
ATTACHMENTS:
Policy_Resolution10_2023.docx
Exhibit A_Personnel Rules Update.docx
Exhibit B_HARASSMENT DISCRIMINATION RETALIATION PREVENTION POLICY.docx Presentation_Personnel Rules Update_Council.pptx
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RESOLUTION NO. 2023 - _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, REVISING THE CITY’S PERSONNEL RULES AND ADOPTING A
HARASSMENT, DISCRIMINATION, AND RETALIATION PREVENTION POLICY WHEREAS, on June 18, 2014, the City of Wildomar (“City”) City Council adopted Ordinance No. 96 entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WILDOMAR, CALIFORNIA, AMENDING CHAPTER 2.36 (PERSONNEL SYSTEM) OF THE WILDOMAR MUNICIPAL CODE;
WHEREAS, Ordinance No. 96 among other things, states that the City Council shall have the authority to adopt, amend, or repeal the Personnel Rules (“Rules”) as determined necessary from time to time; and
WHEREAS, as the City increases the number of staff and expands its scope of personnel administration, there is a need to update the Rules to address additional contingencies as well as to ensure compliance with the law; and WHEREAS, the City believes it is important to adopt a stand alone policy to address Harassment, Discrimination, and Retaliation Prevention.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WILDOMAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. PERSONNEL RULES. Upon adoption of this Resolution, City Council adopts the “City of Wildomar Personnel Rules and Regulations, Updated October 2023,” as attached to this Resolution as Exhibit A.
SECTION 2. HARASSMENT, DISCRIMINATION AND RETALIATION
PREVENTION POLICY. Upon adoption of this Resolution, City Council adopts the Harassment, Discrimination, and Retaliation Prevention Policy attached as Exhibit B. 1321
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PASSED, APPROVED, AND ADOPTED this 11th day of October 2023. ______________________________
Joseph Morabito
Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ ______________________________ Thomas D. Jex Janet Morales
City Attorney City Clerk
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City of Wildomar
Personnel Rules
and Regulations
Updated October
2023
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CITY OF WILDOMAR
PERSONNEL RULES AND REGULATIONS
RULE I. GENERAL PROVISIONS.
A. Purpose. These personnel rules (“Rules”) are intended to establish and maintain an efficient and uniform personnel program for the City of Wildomar (“City”). This updated version of the Rules repeals and replaces all prior versions of the Rules.
Upon adoption, these Rules shall supersede any and all personnel management policies, rules, regulations and procedures previously adopted, except those which were adopted by order of a department head for that department, and which are not in conflict with the Rules specified herein.
B. Nature of Employment. All employees of the City are at-will employees. Their employment can be terminated by the City or the employee at any time, with or without cause, with or without notice, and with or without the right of appeal.
Nothing in these Rules, in a contract for employment, or any other policy adopted by the City, should be interpreted in a manner that would cause the employee's employment to be other than at-will.
C. Applicability. Unless otherwise specifically stated either in these Rules or in a contract for employment or resolution or ordinance of the City Council, the provisions of these Rules apply to all City employees. In the event of conflict between the provisions of these Rules and a stand-alone personnel policy, the provisions of these Rules will control. In the event of a conflict between these Rules and a written contract for employment, the terms of the written contract for employment will control.
D. Not an Employment Contract. None of these Rules shall be deemed to create a vested contractual right for any employee.
E. Amendment of Personnel Rules. The City Council shall have authority to adopt, amend, or repeal these Rules by resolution. The Personnel Officer shall have authority to prepare and recommend revisions to the Rules.
F. Adoption of Administrative Policies. The Personnel Officer is hereby authorized to adopt administrative policies, so long as said administrative policies are not in direct conflict with these Rules.
G. Delegation of Authority. Except as otherwise provided, any duties, responsibilities, powers, and authority granted by these Rules or the personnel ordinance to the City Manager, appointing authority, Personnel Officer, Department Head, or any other person may be delegated, in writing, to any other employee at the discretion of the delegating individual.
H. Changes to the Law. When any local ordinance, state or federal law, or regulation, that is incorporated in the Rules or upon which the Rules rely is amended, the Rules shall be deemed amended in conformance with those amendments. 1324
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I. Severability. If any section, subsection, sentence, clause, or phrase of the Rules is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of the Rules.
RULE II. DEFINITIONS.
A. General Definitions. All words and terms used in these Rules and in any resolution or ordinance dealing with personnel policies, system, or procedures shall be defined as they are normally and generally defined in the field of personnel administration.
B. Specific Definitions.
1. "Acting appointment" means a temporary appointment of an employee who possesses at least the minimum qualifications established for a particular class and who is appointed to a position in that class in the absence of available eligible incumbents, or on an interim basis pending later appointment of an eligible person.
2. "Advancement" means a salary increase within the limits of a pay range established for a class.
3. "Allocation" means the assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised.
4. "Appointing authority" means the City Manager or their designee.
5. "At-will employee" means an employee whose employment can be terminated by the City or the employee, at any time, with or without cause and with or without notice.
6. "Class" or “Classification” means all positions sufficiently similar in duties, authority, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and salary.
7. "Compensation" means the salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any position but does not include expenses authorized and incurred incidental to employment.
8. "Continuous service" means service in the employ of the City without a break or interruption. Unless otherwise required by law, a severance of the employee from his or her employment initiated by either the City or the employee for periods of more than 30 days constitutes a break in continuous service.
9. "Council" or “City Council” means the City Council of the City of Wildomar. 1325
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10. "Day" or "days" means calendar day(s), unless otherwise stated.
11. "Demotion" means the movement of an employee from one class to another class having a lower maximum base rate of pay.
12. “Department Head” means the administrative head of every department in the City.
13. “Disciplinary action" means the discharge, demotion, reduction in pay, suspension, or reprimand of an employee for punitive reasons.
14. "Eligibility list" means the list which contains the names of successful applicants according to relative performance on the total weighted examinations.
15. “Executive Classification” means employees who are in the “executive” group according to the City’s Position Classification Schedule adopted by the Council Resolution No. 2022-60 on November 9, 2022, and as may be later amended by Council.
16. “Exempt Employee” means an employee who holds a position that, based on both the job requirements and the salary earned, do not entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.
17. "Full-time employees" means employees whose positions require the employee work at least 40 hours in a workweek. All positions shall be fulltime unless otherwise designated, or unless the compensation is fixed upon the basis of part-time work.
18. "Layoff' means the separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the above reasons or due to organization changes.
19. “Management Classification” means employees who are in the “management” group according to the City’s Position Classification Schedule adopted by the Council Resolution No. 2022-60 on November 9, 2022, and as may be later amended by Council
20. “Non-exempt employee” means an employee who holds a position that, based on either the job requirements or the compensation earned, may entitle the employee to receive compensation at an overtime rate under applicable state or federal wage and hour laws.
21. "Personnel Officer" means the City Manager or their designee.
22. .
23. "Part-time employees" means employees whose positions work less than 1326
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1,000 hours per year, are paid on an hourly basis and only receive fringe benefits as provided by these Rules and as otherwise required by law.
24. "Position" means a group of duties and responsibilities in the service of the City requiring the full-time or part-time employment of one person.
25. "Promotion" means the movement of an employee from one class to another class having a higher maximum base rate of pay.
26. "Provisional appointment" means a temporary appointment, less than 960 hours in a fiscal year, of an individual who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligible employees.
27. "Reinstatement" means the restoration without examination of a former employee to a classification in which the employee formerly served.
28. "Suspension" means the temporary separation from service of an employee without pay for disciplinary purposes.
29. "Temporary employee" means an employee who is appointed to a position for a limited period of time and is only entitled to benefits as provided by resolution of the City Council and as required by law.
30. "Transfer" means the movement of an employee from one position to another position in the same class or to another class with the same maximum base rate of pay.
RULE III. NONDISCRIMINATION
A. Equal Employment Opportunity. The City is committed to a policy of equal employment opportunity for applicants and employees. It does not discriminate against qualified applicants or employees with respect to terms or conditions of employment based on race, color, ancestry, sex, gender, sexual orientation, gender identity, gender expression, age (over 40), religion, ethnicity, national origin, creed, physical or mental disability, medical condition, genetic information, marital status, pregnancy, reproductive health decision-making, childbirth or related medical conditions, breastfeeding, military or veteran's status, or any other characteristic protected by state or federal law or local ordinance.
Any technique or procedure used in recruitment and selection of employees will be designed to measure only the job-related qualifications of applicants. No recruitment or selection technique will be used which, in the opinion of the City Manager or designee, is not justifiably linked to successful job performance.
Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure provided in the City’s policy prohibiting harassment, discrimination, and retaliation, attached as Appendix A.
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B. Policy Against Harassment, Discrimination and Retaliation. City policy prohibits unlawful harassment and discrimination based on an employee's race, color, ancestry, sex, gender, sexual orientation, gender identity, gender expression, age (over 40), religion, ethnicity, national origin, creed, physical or mental disability, medical condition, genetic information, marital status, pregnancy, reproductive health decision-making, childbirth or related medical conditions, breastfeeding, military or veteran's status, or any other characteristic protected by state or federal law or local ordinance. In addition, City policy prohibits retaliation because of the employee's opposition to a practice the employee reasonably believes to constitute employment discrimination or harassment or because of the employee's participation in an employment discrimination or harassment investigation, proceeding or hearing. The City's full policy against unlawful harassment, discrimination, and retaliation is set forth in a council adopted policy, and is attached to these Rules as Appendix A.
C. Disabled Applicants and Employees. The City has a commitment to ensure equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g., hiring, training, testing, transfer, promotion, compensation, benefits, and discharge) will not discriminate unlawfully against disabled applicants or employees. The City provides employmentrelated reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA").
1. Request for Accommodation. An applicant or employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Department. The request must identify: a) the job-related functions at issue; and b) the desired accommodation(s). Reasonable accommodation may include, but is not limited to, job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible.
2. Reasonable Documentation of Disability. Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the employee’s ability to perform the employee’s essential functions, but will not require disclosure of diagnosis or genetic history.
3. Interactive Process. The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of their position. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process will include a meeting with the employee or applicant, the City, and, if necessary, the employee or applicant’s health care 1328
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provider.
4. Case-by-Case Determination. The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law. The City will inform the employee or applicant of any decisions made under this section in writing.
5. Light or Modified Duty. During the interactive process, the City may approve, at its sole discretion and subject to availability, the employee to perform light or modified duty for a limited period of time.
6. Fitness for Duty Leave. While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave in accordance with Rule XI.M.
D. Religious Accommodation. The City will make reasonable accommodations to the known religious creed of an applicant during the hiring process and of an employee in the course of employment, unless doing so would impose an undue hardship on the City.
E. Lactation Accommodation. The City provides lactation accommodation to employees as required by law. For additional details, employees should refer to the City’s stand-alone Lactation Accommodation Administrative Policy.
RULE IV. CLASSIFICATION.
A. Preparation of Plan. The Personnel Officer shall ascertain and record the duties, responsibilities, minimum standards, and minimum qualifications of all positions in the City and shall recommend a classification/compensation plan for all positions.
The classification/compensation plan need not be contained in only one document, but may be comprised of various documents. The classification/compensation plan shall consist of classes of positions defined by class specifications, including the title. The classification/compensation plan shall be so developed and maintained that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same schedules of compensation may be made to apply with equity under similar working conditions to all positions in the same class. The classification/compensation plan will contain the general salary schedule and a general benefits schedule.
B. Adoption, Amendment and Revision of Plan. The classification/compensation plan shall be adopted by and may be amended from time to time by resolution of the City Council. At the time of consideration by the City Council, any interested party may appear and be heard. Revisions to the classification/compensation plan may consist of the addition, abolishment, consolidation, division, or amendment of existing classes.
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C. Allocation of Positions. Following the adoption of the classification/compensation plan, the Personnel Officer shall allocate every position in the employ of the City to one of the classes established by the plan.
D. New Positions. A new position shall not be created and filled until the classification/compensation plan has been amended to provide for such position.
E. Job Descriptions. The Administrative Services Director, in consultation with Department Heads, will prepare written specifications for each classification of positions to the City Manager for review. Subject to City Council approval, the specifications, when approved by the City Manager, will constitute the official classification specifications and will indicate the date of approval or last revision.
Each specification will include the classification title, a brief description of the scope, nature, and responsibility of the class, a description of the tasks or duties ordinarily performed in the positions allocated to the classification; a statement of the minimum qualifications considered necessary for proficient performance of the work, including education, experience, training, knowledge, skills, physical characteristics, and any additional factors considered pertinent. Specifications are not restrictive. The specifications, shall not be construed as an all-inclusive list of tasks performed; or be interpreted as restricting the assignment of related tasks not specifically listed therein; or as limiting the authority of supervisory personnel to assign, direct and control the work of subordinate employees. A Department Head may temporarily assign other related duties and responsibilities or otherwise direct the work of employees.
F. Reclassification. Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be allocated by the Personnel Officer to a more appropriate class.
Reclassifications shall not be used for the purpose of avoiding restrictions concerning demotions and promotions, or to effect a change in salary in the absence of a significant change in assigned duties and responsibilities.
RULE V. COMPENSATION
A. Salary on Appointment.
1. New Employees. New employees shall be paid at the first step of the salary range for the position to which the employee is appointed except as approved by the City Manager or their designee.
2. Advanced Step Hiring. The City Manager may appoint a new employee to an advanced step of the pay range if it is determined that qualified applicants cannot be successfully recruited at the first step of the salary range.
3. Reemployment/Reinstatement. A person who previously held a position with the City and resigned in good standing may, at the discretion of the 1330
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City Manager, when re-employed in the same or a comparable position held at separation, be appointed at the same salary rate which was paid at the effective date of the person's termination or the nearest lower applicable step for the range to which the person is appointed.
B. Salary Anniversary Dates. Employees shall have a salary anniversary date on the date of their most recent appointment, promotion, demotion, reinstatement or reemployment. The salary anniversary date may be modified by the action of the appointing authority under Rule IX.H.
C. Increases Within Salary Range. Employees will normally become eligible for a merit adjustment in pay after 12 months of service. Increases shall not be automatic, and are based on merit. The adjustment shall be made only if recommended by the applicable Department Head, and, if approved, by the City Manager. The subsequent adjustments are based on performance evaluation, to encourage an employee to perform at the employee’s highest level, and to recognize increased skill on the job. Employees are normally eligible for these adjustments any time after the completion of 12 months of service. This period may be modified in conjunction with the performance evaluation recommendations and as approved by the City Manager. Unless so modified, a granted merit adjustment will be effective on the employee’s salary anniversary date. The City Manager, in their sole discretion, may determine that an increase within range will be retroactive in effect to the employee’s salary anniversary date or to another appropriate date.
D. Salary Upon Promotion. Except in instances where the granting of a full step increase would result in a salary in excess of the top step of the range, any employee who is promoted to a position in a class with a higher salary range shall be placed on the step in the new higher range which is at least equal to an advancement of a full step over the step the employee held in their former range.
If the maximum of the range would be exceeded by such advancement, the employee shall receive the top step of the range. An employee thus promoted is assigned to a new salary anniversary date effective on the date of promotion.
E. Salary Upon Transfer. Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step of the salary range as the employee previously received and their salary anniversary date shall not change.
F. Salary on Change in Range Assignment. Whenever a class is reassigned to either a higher or lower salary range by the Council, the salary of each incumbent in such class on the date the reassignment is effective shall be adjusted to the salary position in the new range that corresponds to the salary the employee was receiving in the former range and the employee shall retain the same salary anniversary date.
G. Salary on Reallocation of Position. If the position is reallocated to a class having the same salary range, the salary and the salary anniversary date of the incumbent 1331
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shall not change. If the position is reallocated to a class which has a higher salary range, the City Manager shall adjust the salary of the incumbent employee to fit the higher salary range which is at least as much as the employee was receiving in the former range and the employee shall retain the same salary anniversary date. If the position is reallocated to a class with a lower salary range, and the employee's salary exceeds the top step of the class to which their position is reallocated, their salary shall not change until it is exceeded by the top step of the class. The employee's salary anniversary date shall not change.
H. Salary on Demotion. Any employee who is demoted to a position in a class with a lower salary range shall have their salary adjusted by one the following three methods:
1. If a disciplinary demotion, the employee's salary may be reduced. A new salary anniversary date shall be established on the basis of the demotion.
2. If a non-disciplinary demotion, the employee's salary may be reduced. The employee shall retain their salary anniversary date.
3. In the discretion of the Personnel Officer, a demoted employee's salary may be y-rated. A y-rated salary is one that is paid above the maximum established salary range for the incumbent's classification. An employee whose salary is y-rated will retain their current rate of pay until such time that the class has a higher maximum salary rate.
I. Acting Pay. An employee who is required on the basis of an acting appointment to serve in a class with a higher salary range than that of the class in which the employee is normally assigned, shall receive the entrance salary rate of the higher salary range or one rate higher than the rate the employee normally receives, whichever is greater, provided the employee shall perform all the duties and assume all the responsibilities of the higher class, and only after the employee has served for 10 consecutive working days in the higher classification.
J. Bilingual Pay. Employees in certain classifications, as determined at the City’s sole discretion, may be eligible to receive $100.00 per month as bilingual pay premium.
To receive the bilingual pay premium, an employee in one of the foregoing classifications shall successfully complete a language proficiency examination, selected at the City’s sole discretion. Upon successfully completing such proficiency examination, the eligible employee shall receive the bilingual pay premium effective on the following pay period.
The City, at its sole discretion, shall determine which languages qualify for bilingual premium pay.
K. Special Salary Adjustments. Notwithstanding anything in these Rules to the 1332
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contrary, in order to correct gross inequities, or to reward outstanding achievement and performance, the City Manager may adjust the salary rate of an incumbent of a particular position to any step within the salary range for the class to which the position is allocated.
L. Cost of Living Adjustment. Effective July 1, 2024, City Council, at its sole discretion, will consider providing a Cost of Living Adjustment (“COLA”) to all employees on annual basis during its regularly scheduled meeting in July of each year. City Council will review the published Riverside-San Bernardino-Ontario, CA, Consumer Price Index – U 12-month percent changes on all items for the month of May to consider potential COLA adjustments. Except as otherwise supported by justifiable findings, including the City’s budgetary status, such COLA shall be capped at 3% as approved by City Council.
M. Pay Periods. The salaries and wages of all employees shall be paid bi-weekly. In the event a payday falls on one of the holidays listed in these Rules, or on a Saturday or Sunday, the immediately previous working day shall become the payday.
N. Severance Upon Termination. Upon termination without cause, employees who are either in the Executive Classification, or are Department Heads, shall receive severance payment, upon execution of a waiver and release of all claims acceptable to the City,, equivalent to 90 days of their base salary.
However, in no event shall the total cash value of the Severance Pay exceed the value of the employee’s monthly salary multiplied by eighteen (18), or multiplied by the month’s remaining in employee’s term, whichever is less.
1. Reimbursement Upon Conviction of Abuse of Office. In the event any employee is convicted of any crime involving an abuse of the employee’s office or position, as defined by California Government Code Section 53243.4, the employee is not entitled to receive Severance Pay, and must reimburse the City for any Severance Pay received.
2. Effect of Termination for Cause. If an executive employee or a Department Head is terminated for cause, they shall not be entitled to receive severance pay. Cause for termination shall be deemed to exist if any of the following occurs:
a. The employee is formally charged by a prosecuting agency with any of the following criminal conduct: theft or attempted theft from the City; fraud or other type of criminal dishonesty; misuse or misappropriation of public funds; assault, battery or other criminal physical injury to another person; any felony; solicitation, prostitution, or other sexually oriented crime; or for violating Government Code §§ 1090 et seq. and/or § 53243.4; b. The employee is fined by the Fair Political Practices Commission for a violation of the Political Reform Act or FPPC Regulation in an amount in excess of one thousand five hundred dollars ($1,500);
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c. an independent investigation sustains that the employee engaged in unlawful discrimination or harassment of an official, officer, employee or agent of City or a third party while conducting City business or violated any provisions of the City’s Municipal Code;
d. unauthorized absence or leave ; use or possession of illegal drugs e. material acts of dishonesty;
f. persistent failure to disclose material information regarding the business or operation of the City necessary for the City Council to undertake its obligation as the elected legislative body of the City; g. material failure to follow clear and legal directives of a majority of City Council provided in a duly noticed public meeting, including closed session; or
h. Any other violation of these Rules, including a violation of a listed cause for discipline under section XIV of these Rules, or other City personnel policies or procedures.
RULE VI. APPLICATIONS, RECRUITMENT AND EXAMINATIONS
A. Vacancies. Except for the City Manager, Department Heads, Assistant City Manager, Deputy City Manager, and/or Assistant to the City Manager positions, vacant positions may be filled only by selection from an eligibility list, by acting appointment, provisional appointment, by transfer, by reinstatement, or by demotion. Each Department Head is entitled to select a candidate to fill a vacancy within their department subject to the provisions in this rule and approval by the City Manager.
The City Council shall select the City Manager. The City Manager, or designee, shall select the Department Heads, Assistant City Manager, Deputy City Manager and Assistant to the City Manager. These positions may be filled by the method selected by the City Council or the City Manager to obtain the best candidate for the position. The provisions of this rule are inapplicable to the filling of vacancies listed in this paragraph.
B. Announcement of Vacancies/Acceptance of Applications. When a position becomes vacant, the applicable Department Head shall notify the Personnel Officer. All positions shall be publicized by such methods as the Personnel Officer deems appropriate. The announcements shall specify the title and pay range of the class; the nature of the work to be performed; the experience and education requirements; the knowledge, skills, and abilities desirable for the performance of the work; how to apply; the application deadline date; that a post- offer, preemployment physical examination is required, which may include a drug test; that upon receiving a conditional offer of employment, a criminal background check is required through the submission of fingerprints; and other relevant information.
Applications will be available on the City’s website.
C. Disqualification of Applicants. The Personnel Officer may reject any application which indicates on its face that the applicant does not possess the minimum 1334
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qualifications required for the position, or because the applicant has failed to timely submit the application, fully complete the application, or submit all required materials.
D. Ineligibility for Employment. Further examination or consideration for employment of any applicant may be discontinued, and any employment of any person may be terminated, when any of the following has been determined by the Personnel Officer:
1. The individual does not meet the minimum qualifications established for the class or position to which they seek appointment;
2. The individual has made a false statement, misrepresentation, or omission of material fact, or actual or attempted deception, fraud or misconduct in connection with their application;
3. The application shows on its face that the applicant is physically or psychologically restricted from performing the essential functions of the position applied for, and the City determines that no reasonable accommodation can be made for such medical restrictions in the position applied for;