HomeMy WebLinkAboutCC AG PKT 2005-09-12 #G <'2
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AGENDA REPORT
jt'"
DATE: September 12, 2005
TO: Honorable Mayor and City Council )42)
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: AGREEMENT FOR REIMBURSEMENT OF CITY
COSTS TO PREPARE ENVIRONMENTAL ANALYSIS
• AND NECESSARY DISCRETIONARY ACTION STAFF
REPORTS FOR THE REGENCY CENTER
DEVELOPMENT PROJECT (SEAL BEACH CENTER)
SUMMARY OF REQUEST:
Adopt Resolution Number , which will authorize the City Manager to execute on
behalf of the City the "Agreement for Reimbursement of City Costs to Prepare
Environmental Analysis and Necessary Discretionary Action Staff Reports for the
Regency Center Development Project ".
BACKGROUND:
This agreement has been prepared to allow the City to retain appropriate environmental
and staff support consultants to process an application by Columbia Regency Retail
Partners, LLC (Regency Centers) for discretionary land use entitlement requests for
proposed new development at Seal Beach Center.
Regency Centers has submitted land use entitlement applications for proposed
redevelopment of the Seal Beach Center that will include requests for conditional use
permits for alcohol sales, drive - through windows, and 24 -hour business operations and
height variations for architectural features. The major project components are:
❑ Demolition of the existing Pavilions Market/Sav -on Drug Store and construction
of a new 48,000 square foot Vons Market;
❑ Demolition of the existing car wash and service station facilities;
❑ Construction of a new 14,984 square foot Sav -on Drug Store that will include a
drive - through pharmacy pick -up window;
❑ Construction of a new 1,400 square foot fuel station/drive through coffee sales
business, with canopy over the pump island facilities; and
❑ Site improvements including new landscaping, hardscaping, and parking lot
improvements.
•
Agenda Item G
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Regency Center Reimbursement Agreement
City Council Staff Report
September 12, 2005
Entering into this agreement will establish the reimbursement process for all costs
incurred by the City in processing the anticipated land use entitlement applications. The
City will utilize Culbertson, Adams and Associates as our environmental consultant to
prepare the "Mitigated Negative Declaration" for this project.
The agreement has been reviewed by the City Attorney and is acceptable as to form.
FISCAL IMPACT:
No direct costs to the City. All necessary consultant and staff support service costs will
be reimbursed by Regency Centers in accordance with the terms and provisions of the
subject Agreement. The City received an initial deposit of $10,000 on August 29, 2005
for this project.
RECOMMENDATION:
Adopt Resolution Number , which will authorize the City Manager to execute on
behalf of the City the "Agreement for Reimbursement of City Costs to Prepare
Environmental Analysis and Necessary Discretionary Action Staff Reports for the
Regency Center Development Project ".
NOTED :.d 1 APPR D:
/IL.]
4.
Whittenberg Jo :. Bahorski
Director of Development Servic- : C anager
Attachments: (2)
Attachment 1: Resolution Number , A Resolution of the City
Council of the City of Seal Beach, California Authorizing
the City Manager to Execute on Behalf of the City the
"Agreement for Reimbursement of City Costs to Prepare
Environmental Analysis and Necessary Discretionary
Action Staff Reports for the Regency Center Development
Proj ect"
Attachment 2: "Agreement for Reimbursement of City Costs to Prepare
Environmental Analysis and Necessary Discretionary
2
Reimbursement Agreement.CC Staff Report
1
Regency Center Reimbursement Agreement
City Council Staff Report
September 12, 2005
Action Staff Reports for the Regency Center Development
Project"
3
Reimbursement Agreement.CC Staff Report
Regency Center Reimbursement Agreement
City Council Staff Report
September 12, 2005
ATTACHMENT 1
RESOLUTION NUMBER , A
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY THE
"AGREEMENT FOR REIMBURSEMENT OF
CITY COSTS TO PREPARE
ENVIRONMENTAL ANALYSIS AND
NECESSARY DISCRETIONARY ACTION
STAFF REPORTS FOR THE REGENCY
CENTER DEVELOPMENT PROJECT"
4
Reimbursement Agreement.CC Staff Report
Regency Center Reimbursement Agreement
City Council Staff Report
September 12, 2005
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH, CALIFORNIA
AUTHORIZING THE CITY MANAGER TO
EXECUTE ON BEHALF OF THE CITY THE
"AGREEMENT FOR REIMBURSEMENT OF
CITY COSTS TO PREPARE
ENVIRONMENTAL ANALYSIS AND
NECESSARY DISCRETIONARY ACTION
STAFF REPORTS FOR THE REGENCY
CENTER DEVELOPMENT PROJECT"
•
WHEREAS, Columbia Regency Retail Partners, LLC (Regency Centers) has submitted
land use entitlement applications for proposed redevelopment of the Seal
Beach Center that will include requests for conditional use permits for
alcohol sales, drive - through windows, and 24 -hour business operations
and height variations for architectural features generally described as:
❑ Demolition of the existing Pavilions Market/Sav -on Drug Store and
construction of a new 48,000 square foot Vons Market;
❑ Demolition of the existing car wash and service station facilities;
❑ Construction of a new 14,984 square foot Sav -on Drug Store that will
include a drive - through pharmacy pick -up window;
❑ Construction of a new 1,400 square foot fuel station/drive through
coffee sales business, with canopy over the pump island facilities; and
❑ Site improvements including new landscaping, hardscaping, and
parking lot improvements; and
WHEREAS, An Agreement ( "Agreement for Reimbursement of City Costs to Prepare
Environmental Analysis and Necessary Discretionary Action Staff Reports
for the Regency Center Development Project ") has been prepared to allow
the City to retain appropriate environmental and staff support consultants
to process an application by Regency Center for discretionary land use
entitlement requests indicated above; and
WHEREAS, Entering into this Agreement will establish the reimbursement process for
all costs incurred by the City in processing the anticipated land use
entitlement applications.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seal
Beach does hereby authorize the City Manager to execute on behalf of the City the
Reimbursement Agreement.CC Staff Report 5
a
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Regency Center Reimbursement Agreement
•
City Council Staff Report
September 12, 2005
"Agreement for Reimbursement of City Costs to Prepare Environmental Analysis and
Necessary Discretionary Action Staff Reports for the Regency Center Development
Project ".
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of , 2005.
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
Charles Antos, Mayor
ATTEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing resolution is an original copy of Resolution Number on file in the
Office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach at a meeting thereof held on the day of , 2005.
Linda Devine, City Clerk
City of Seal Beach
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Reimbursement Agreement.CC Staff Report
Regency Center Reimbursement Agreement
City Council Staff Report
September 12, 2005
ATTACHMENT 2
"AGREEMENT FOR REIMBURSEMENT OF
CITY COSTS TO PREPARE
ENVIRONMENTAL ANALYSIS AND
NECESSARY DISCRETIONARY ACTION
STAFF REPORTS FOR THE REGENCY
CENTER DEVELOPMENT PROJECT"
7
Reimbursement Agrecmcnt.CC Staff Report
AGREEMENT FOR REIMBURSEMENT OF CITY
COSTS TO PREPARE ENVIRONMENTAL ANALYSIS
AND NECESSARY DISCRETIONARY ACTION STAFF REPORTS
FOR
THE REGENCY CENTER DEVELOPMENT PROJECT
THIS AGREEMENT is made this 2 611 day of /`t • vs 2005, by
and between the City of Seal Beach (hereinafter "CITY ") and COLUMBIA REGENCY RETAIL
PARTNERS, LLC, a Delaware limited liability company (hereinafter "OWNER ").
RECITALS
A. OWNER owns approximately 7.92 acres of property commonly known as "Seal
Beach Center ", located on the north side of Pacific Coast Highway, between Main Street at the
west, Bolsa Avenue at the north, and Balboa Avenue at the east in the C -1 Service Commercial
Zone (the "Property ").
B. OWNER proposes revisions to the Seal Beach Center including, without
limitation: construction of a 48,000 square feet Vons Market, construction of a new 14,984
square feet Sav -on Drug Store which includes a drive- through window, construction of a new
fuel station with 450 square feet gas kiosk, and construction of a 950 square feet drive- through
coffee facility. The project will also include site improvements, including, without limitation,
landscaping, hardscape improvements and a new parking areas (collectively, the "Project ").
C. The Parties agree that Owner's application for project approvals ( "Project
Application ") shall receive an Environmental Analysis pursuant to the California Environmental
Quality Act ( "CEQA," Public Resources Code Sec. 21000, et seq.).
D. OWNER agrees to reimburse CITY in full for all costs and expenses actually
incurred by CITY (i) in the preparation of the Environmental Analysis, (ii) for all necessary
discretionary action staff reports and appropriate accompanying ordinances, resolutions, etc., for the
Project, and (iii) >h4-for all costs and expenses actually incurred by CITY in the processing of the
Project Application (collectively, "City Costs ") in the manner provided for herein. In doing so,
OWNER does not waive any rights or claims regarding excess payments or charges to which
OWNER may be subjected as a result of CITY's payment of such costs.
E. OWNER also acknowledges that work on the Project Application, or Environmental
Analysis shall be immediately suspended if either (i) OWNER fails to make any payments in the
manner required by this Agreement, or (ii) OWNER notifies CITY of the abandonment of the
Project Application as provided for herein.
C:\Documents and Settings\ErwinBucy\Loca1 Settings \Temporary Internet Files \OLK1\Final Reimbursement Agreement.08-25-051.doc\LW\08-
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Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
F. It is not the intent of this Agreement to have OWNER pay to CITY any amounts in
excess of those costs actually incurred by CITY for work actually performed pursuant to the
Environmental Analysis for the Project Application.
COVENANTS
1. City's Scope of Work for Project. CITY shall promptly prepare the necessary
Environmental Analysis pursuant to CEQA. The Environmental Analysis is necessary to allow the
CITY and other responsible agencies to evaluate the Project Application in accordance with the
provisions of the Code of the City of Seal Beach, CEQA, and the Government Code of the State of
California, and other appropriate State and Federal laws and regulations. CITY shall also prepare
Staff Reports, Ordinances, Resolutions and other project consideration documents as may be
necessary so that the proposed project may be considered by the appropriate reviewing and approval
bodies of the CITY including but not limited to the City Council, Planning Commission,
Environmental Quality Control Board and the Archaeological Advisory Committee. City shall
promptly process the Project Application. The foregoing are collectively referred to as "City
Work ")
2. Reimbursement.
A. OWNER shall reimburse CITY in full for all reasonable documented costs and
expenses actually incurred by CITY personnel (full -time and part-time positions) for the City Work
(including, without limitation, legal fees and expenses charged CITY by its City Attorney at the
hourly rates City Attorney charges City for preparation and review of documents related to
development proposals) (the "Reimbursable Staff Costs "). The City Attorney's current rates for
2005 are set forth in Exhibit `B ". These rates may be adjusted in 2006 and the City will provide
such updated information when informed of said adjustment by City Attorney.
B. OWNER shall reimburse CITY according to the following schedule:
(1) SCOPE OF WORK AND ESTIMATED BUDGET. CITY has prepared a
scope of work for the City Work which is attached hereto as Exhibit "A ".
Estimated Budget. OWNER acknowledges and agrees that CITY has
informed OWNER that CITY's preliminary estimate of costs to be reimbursed by OWNER will be
approximately $45,000.00. Such cost estimate was derived as follows:
(1) Environmental Consultant fees and expenses: $ 30,000.00
Final Reimbursement Agreement.08- 25- 051.doc 2
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
(2) CITY's staff costs and expenses: $ 10,000.00
(3) CITY's legal fees and expenses: $ 5,000.00
Such estimates are estimates only, and represent a reasonable approximation based
upon CITY's past experience and standard hourly rates. The estimate in any or all categories may
be exceeded or reduced based upon the ultimate scope of work necessary to adequately process the
Project Application. CITY shall use its best efforts to maintain project costs within the estimated
amount; however, in no event shall the cost estimate be construed as a limitation or maximum
figure of OWNER's ultimate cost reimbursement responsibility. At such time as the actual costs in
any category itemized above equal or exceed eighty percent (80 %) of the estimated amount, CITY
shall notify OWNER of that fact in writing to allow OWNER to plan accordingly. OWNER
acknowledges and agrees that the amount of CITY's costs to be reimbursed by OWNER pursuant
to this Agreement are not negotiable to the extent that they are actually incurred by CITY in paying
for performance of the scope(s) of work attached hereto as Exhibit "A" for the preparation of the
Environmental Analysis for the Project, and for processing the Project Application.
(2) REIMBURSEMENT FOR STAFF COSTS. Upon the later of execution of
this Agreement or the submission of the Project Application OWNER shall deposit with CITY the
sum of Ten Thousand Dollars ($10,000) (the "CITY Deposit Amount "), which CITY shall place
in an interest bearing account (the "CITY Deposit Account "). CITY shall deduct from such CITY
Deposit Amount, until the CITY Deposit Amount is exhausted, the documented Reimbursable Staff
Costs. All interest earned on the CITY Deposit Amount, if any, shall accrue to the benefit of, and
be used for, completion of the City Work. CITY may, in lieu of deposit of the CITY Deposit
Amount into a separate bank account, separately account for such deposit in one or more of its
various bank accounts, and upon doing so, shall proportionately distribute to the account(s) into
which the CITY Deposit Amount resides, the average interest earned during the period on the
CITY Deposit Amount.
(3) CITY shall monthly send to OWNER an accounting of amounts and
reasons the CITY Deposit Amount has been used over the preceding month ( "Monthly
Accounting "), including (i) an Invoice (defined below) for City Work performed, (ii) a
Reconciliation (defined below) including an accounting of the interest earned and the accounts
into which the earned interest has been deposited, and (iii) a reconciliation of the expenditures
with the Budget.
(4) SUBMISSION OF DOCUMENTATION. In connection with each
Monthly Accounting, CITY shall submit an invoices ( "Invoice ") which shall include: reasonably
detailed descriptions of the work performed and by whom; those persons hourly rates, the
Final Reimbursement Agreement.08- 25- 051.doc 3
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
amount of time spent on each individual task of the work performed; applicable overhead rates,
and a copy of the paid receipt for any claimed reimbursable expense for the billing period.
(5) REPLENISHMENT OF CITY DEPOSIT ACCOUNT. In connection with
each Monthly Accounting, CITY shall submit to OWNER a statement of expenses and
reconciliation of CITY Deposit Account for the preceding month's costs of reimbursable services
and expenses ( "Reconciliation "). CITY may carry over to the next month's invoice any charges
not billed in a particular month. OWNER shall replenish the deposit account ( "Supplemental
Deposit ") throughout the City Work when a minimum balance of $2,500.00 is reached in the CITY
Deposit Account. The Supplemental Deposit shall be reasonably determined by the Director of
Development Services to cover the anticipated billings for Reimbursable Staff Costs for a period
not to exceed the ensuing sixty (60) days. Such Supplemental Deposit shall be made within twenty
(20) days of receipt of the written request for Supplemental Deposit. Any request for a
Supplemental Deposit shall include an explanation of the work completed to date and the
anticipated cost of the work remaining to be performed, including, without limitation, a revised
Budget. OWNER agrees that CITY's work on the Project Application, or Environmental Analysis
shall be immediately suspended if at any time OWNER fails to make a Supplemental Deposit in the
time periods provided for in this Agreement.
Any Supplemental Deposit amount shall be governed by the same terms of
trust governing the original deposit. CITY shall remit to OWNER any balance remaining in the
CITY Deposit Account within thirty (30) days after the date on which: (i) Project Application has
been finally processed by CITY; or (ii) OWNER gives notice of abandonment of the Project in
accordance with this Agreement, whichever occurs first.
3. CITY determination to retain environmental consultants. In the event the
Environmental Analysis receives public comments during the required public review and comment
period that require additional professional expertise, in the reasonable opinion of the Director of
Development Services, City shall so notify Owner immediately. CITY shall provide a scope of
work, budget, and anticipated time schedule for OWNER to review and approve. If CITY is not
notified by OWNER of the intent to abandon the project, as set forth in Section 4, then within 10
days of receipt of OWNER's approval, CITY shall proceed with the issuance of "Notice to
Proceed" for said professional environmental evaluation work, and costs thereof shall be paid by
OWNER in the manner provided in Section 2 of this Agreement.
•
4. Abandonment of the Project. In the event OWNER notifies CITY's City Manager in
writing of its intent to abandon the Project, OWNER shall reimburse CITY for all services of the
CITY staff personnel (including CITY's City Attorney) who had performed prior to the notice of
abandonment.
Final Reimbursement Agreement.08- 25- 051.doc 4
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
5. Interpretation. This Agreement is deemed to have been prepared by all of the parties
hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but
rather, if such ambiguity or uncertainty exists, shall be interpreted according to applicable rules of
interpretation of contracts under the law of the State of California.
6. Assignment. This Agreement shall not be assignable by OWNER in whole or in part
without the prior written consent of CITY, which written consent shall not be unreasonably
withheld. OWNER shall provide to CITY thirty (30) days advanced notice of any such assignment.
Notwithstanding the foregoing, OWNER may assign this Agreement to a Related Entity without the
necessity of notice to, or consent by, the CITY. A "Related Entity" means any entity which
controls, is controlled by, or is under common control with, OWNER.
7. Notice. Any notice required to be given to OWNER shall be deemed duly given upon
delivery, if sent to OWNER and OWNER's legal representative, postage prepaid to:
c/o Regency Centers
Attn: Erwin Bucy
555 South Flower Street, Suite 3500
Los Angeles, CA 90071
or personally delivered to OWNER at such address or other address specified to CITY in writing by
OWNER.
Any notice required to be given to CITY shall be deemed duly given upon delivery, if sent
to CITY postage prepaid to:
Director of Development Services
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
or personally delivered to CITY at such address or other address specified to OWNER in writing by
CITY.
8. Entire Agreement. This Agreement represents the entire integrated agreement between
CITY and OWNER, and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be amended only by a written instrument signed by both
CITY and OWNER.
Final Reimbursement Agreement.08- 25- 051.doc 5
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
9. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing
party shall be entitled to recover from the other party actual attorneys' fees and costs for the
prosecution of the action.
10. Governing Law. This Agreement shall be governed by, and interpreted according to
the laws of the State of California.
11. Authority. The persons signing this Agreement warrant that each of them has the
authority to execute this Agreement on behalf of the party on whose behalf said person is
purporting to execute this Agreement, and that this Agreement is a binding obligation of said
parties.
12. Rights of Successors. All of the rights and obligations of the parties under this
Agreement shall bind and inure to the benefit of their respective heirs, personal representatives,
successors and assigns.
13. Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be deemed to be an original, but all of which, together, shall constitute one and the same
instrument. The signature page and acknowledgment of any counterpart may be removed
therefrom and attached to any other counterpart to evidence execution thereof by all of the parties
hereto without affecting the validity thereof.
EXECUTED in the day and year first above written.
Final Reimbursement Agreement.08- 25- 051.doc 6
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
"CITY" CITY OF SEAL BEACH
By
JOHN B. BAHORSKI
CITY MANAGER
ATTEST:
CITY CLERK
APPROVED AS TO FORM
CITY ATTORNEY
Final Reimbursement Agreement.08- 25- 051.doc 7
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
"OWNER"
COLUMBIA REGENCY RETAIL PARTNERS, LLC,
a Delaware limited liability company
By: REGENCY CENTERS, LP,
a Delaware limited partnership
Its: Managing Member
By: REGENCY CENTERS CORPORATION,
a Florida corporation
Its: General Partner
By:
Its: rt 62- /
, J
Final Reimbursement Agreement.08- 25- 051.doc 8
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
EXIIIBIT "A"
SCOPE OF WORK
Proposed Project Overview:
OWNER owns approximately 7.92 acres of property known as the Seal Beach Center, located on
the north side of Pacific Coast Highway, between Main Street at the west, Bolsa Avenue at the
north, and Balboa Avenue at the east in the C -1 Service Commercial Zone (the "Property").
OWNER proposes revisions to the Seal Beach Center including: reconstruct a 48,000 square feet
Vons Market, construct a new 14,984 square feet Sav -On Drug Store including a drive- through
window, construct a new fuel station with 450 square feet gas kiosk, and a 950 square feet drive -
through Coffee House. The project will also include site improvements such as landscaping,
hardscape improvements and a new parking areas (the "Project").
Proposed Environmental Evaluation Process:
The Project Application shall receive an Environmental Analysis pursuant to the California
Environmental Quality Act ( "CEQA," Public Resources Code Sec. 21000, et seq.).
CITY will prepare an Environmental Analysis for the Project in compliance with all requirements
of the California Environmental Quality Act, including all required notifications and other legal
notices. It is anticipated that a "Mitigated Negative Declaration" will be an adequate environmental
review document.
This section provides a detailed narrative of the proposed work effort City staff will complete to
provide CEQA compliance for the project.
1. Kick - Off Meeting
Upon execution of the reimbursement agreement for this project, City Staff will meet with the
project consultants to obtain a complete project description and finalize a project schedule and
approach for preparation of the Initial Study/Mitigated Negative Declaration (IS/NIND). At this
meeting City staff will obtain copies of any remaining requested materials and information listed
Final Reimbursement Agreement.08- 25- 051.doc 9
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
later in this scope of work and gather any other information available from the project
consultants that will be useful in the preparation of the IS/MND.
2. Preparation of Technical Studies & Alternatives / Agency Consultations
City staff will provide a thorough review of existing project documentation and identify any
additional information needed to make these studies complete. City staff will conduct
consultations with affected agencies including the California Coastal Commission, the Army
Corps of Engineers, the Regional Water Quality Control Board, and the Orange County Flood
Control District. Information gathered from these consultations will be used for issue
identification and analysis in the IS/MND document.
The extent of analysis requirements of the Coastal Commission and resource agencies can
sometimes be difficult to predict. If alternatives are requested by the Coastal Commission or
other resource agencies during the public comment period on the IS /MND, City staff may
identify the need for an augmented scope of work, including retention of private consultant
services.
3. Preparation of Draft Initial Study / Mitigated Negative Declaration
Once the executed reimbursement agreement has been received by the City, City staff will begin
preparation of the draft ISIMND.
Based upon the City's experience preparing ISJMNDs for similar projects and review of the
proposed project, the following environmental issues are proposed to be addressed:
a. Introduction: This section will provide a brief description of the project and the purpose
of the Initial Study/Mitigated Negative Declaration. Key sections of the Introduction are:
• Statutory Authority: This section will cite the sections of CEQA that allow the
preparation of an IS/MNTD and the applicable sections of CEQA with which the
Initial Study and Mitigated Negative Declaration must comply.
• Issues To Be Addressed: This section will list the issues to be addressed in the
Mitigated Negative Declaration based on the completion of the Initial Study
checklist.
• Organizations Affiliated with the Project: The City of Seal Beach, as the Lead
Agency, names, addresses, telephone numbers and contact persons will be listed
in this section.
Final Reimbursement Agreement.08- 25- 051.doc 10
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
b. Project Description: A complete and detailed project description will be provided. The
information for the project description will be provided by the project consultants. Key
sections of the Project Description are:
• Project Location and Boundaries: This section will provide a description of the
project area both narratively and graphically. A regional and vicinity map will be
provided, a USGS map as recommended by CEQA and a current aerial
photograph will depict the boundary of the proposed project site, and indicate the
current and proposed location of the project. These graphics are to be provided by
the project consultants.
• Environmental Setting: This section will describe the local setting of the project
site as well as the general surrounding area. Included in this description will be a
general overview of the City of Seal Beach, its population, geographic location,
and existing land uses in the project area.
• The Intended Use of the Mitigated Negative Declaration: This section will list
and describe in detail the intended use of the IS/MND.
c. Environmental Setting, Potential Project Impacts, and Mitigation Measures: Each
environmental discipline listed below will consist of an environmental setting, potential
project impact(s), and mitigation measures that serve to reduce impacts to a less than
significant level. Mitigation measures may consist of the following:
• Project Design Features (PDFs), which are measures that are incorporated into the
design of the project to mitigate potential impacts;
• Standard Conditions of Approval (SCAs) which are requirements imposed by the
state, the county, or the City of Seal Beach to avoid or reduce potential impacts;
and
• Mitigation Measures, which are measures specifically crafted during the CEQA
process to avoid potential impacts or reduce them to less than significant levels.
The project impacts section will state threshold criteria that will be used to
evaluate significant environmental effects with development of the project. City
staff will develop threshold criteria for each environmental discipline for
incorporation into the IS/MND.
The following environmental disciplines are anticipated to be addressed in the IS/MND
for this project:
• Land Use: The setting section will describe the existing land use on the site as
well as the surrounding land uses. The ISIMND will evaluate the consistency of
the project with the existing General Plan and conformity with zoning
designations for the site. The project consultants will provide surface level
Final Reimbursement Agreement.08- 25- 051.doc 11
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
photographs of the existing land uses adjacent to and surrounding the site. As the
project is located in the Coastal Zone, the IS/MND will provide a consistency
analysis for policies contained within Chapter 3 of the Coastal Act. City staff will
consult early on with Coastal Commission staff regarding issue identification and
project compliance. Although not part of this scope of work, the project will
require a Coastal Development Permit from the California Coastal Commission
prior to construction.
The IS/MND will include a detailed discussion of the compatibility of the project
with the adjacent existing and planned surrounding land uses. A thorough
discussion and evaluation of potential land use impacts that may occur with
development of the project will be provided. Mitigation measures will be
presented accordingly to mitigate potential significant land use impacts as
required by CEQA.
• Population and Housing: This section will describe the existing population and
housing numbers in the City of Seal Beach based on current data from the State
Department of Finance and the Southern California Association of Governments
(SCAG). Please note that a Population and Housing section may not be required
for the IS/MND because no population and housing impacts have been
preliminarily identified.
• Soils and Geology: Minimal landform activity is included as part of the proposed
project. The IS/MND will describe the geologic setting based upon any
preliminary geotechnical reports provided by the project consultants. This report
will provide the basis for the analysis of geologic, seismic and landform alteration
impacts related to the proposed project. Based on the potential geotechnical
constraints identified in the preliminary geotechnical report, the IS/MND will
specifically focus on geotechnical constraints such as existing undocumented fills,
the off -site removal of unsuitable material, the dewatering of excavations,
liquefaction potential, the close proximity of existing residential structures and
pipelines, and the corrosive nature of the existing soils. When required to comply
with CEQA, the IS/MND will list mitigation measures to mitigate potential
geotechnical impacts.
• Hydrology/Water Quality: The Hydrology section will identify the existing
drainage facilities that currently serve the project site and the adequacy of those
facilities to serve the proposed development, and will be based upon information
provided by the project consultants. This section will also identify upgrades or
Final Reimbursement Agreement.08- 25- 051.doc 12
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
improvements that will be required to the existing storm drain system, if any. For
inclusion in the IS/MIND, the project consultants will submit an evaluation or
calculation of storm runoff and an evaluation of storm drain system requirements,
and appropriate mitigation measures.
The Hydrology section will also discuss erosion control measures that will be
incorporated into the project during construction and after construction to reduce
surface water runoff and erosion. Compliance with current National Pollutant
Discharge Elimination System (NPDES) standards will be required. The project
consultants will assist in preparing project specific Best Management Practices
(BMPs) to address potential stormwater pollutants in coordination with the U.S.
Army Corps of Engineers, the Santa Ana Regional Water Quality Control Board,
and the Coastal Commission. If potential hydrology /water quality impacts are
identified, mitigation measures will be proposed by the project consultants to
reduce impacts. City staff will prepare final mitigation measures that will be
listed in the IS/MND.
• Traffic and Circulation: Due to the nature of the project, significant vehicle
traffic is not anticipated to be generated by the proposed project that has not
already been anticipated as part of the overall Boeing Integrated Defense System
Specific Plan. However, project consultants will submit an analysis of project
access and construction- related traffic, and such analysis will describe potential
project impacts and suggested mitigation measures. A "shared Parking " program
is proposed and project consultants shall submit such analysis to the City for use
in preparing this analysis. Mitigation measures will be recommended when
required to reduce traffic impacts to acceptable levels by the project consultants.
City staff will prepare final mitigation measures that will be listed in the IS/MND.
• Air Quality: Based upon the information provided by the project consultants,
potential air quality impacts will be identified and analyzed for the project. City
staff will review reports prepared by the project consultants that will analyze the
project for consistency with City and Southern California Air Quality
Management District (SCAQMD) regulations and policies. In addition, short-
term air quality impacts will be evaluated for construction- related activities. If
needed, mitigation measures to reduce any air quality exceedances determined to
be above the applicable de minimus level will be proposed by the project
consultants. City staff will prepare final mitigation measures that will be listed in
the ISIMND.
Final Reimbursement Agreement.08- 25- 051.doc 13
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
• Noise: Based upon data provided by the project consultants, potential noise
impacts will be identified relating to operation of the project components,
including loading docks and other service facilities of the proposed development.
In addition, short-term construction noise impacts will also be addressed. Any
identified noise impacts will be analyzed for consistency with policies and
regulations contained in the City's Noise Ordinance and General Plan Noise
Element. As needed, mitigation strategies will be identified for the control of
noise levels within the project site. Measures will be developed as necessary to
mitigate any off -site noise impacts by the project consultants. City staff will
prepare final mitigation measures that will be listed in the ISIMND.
• Aesthetics, Light and Glare: A narrative description, along with supporting
surface level photographs to be provided by the project consultants, will describe
the aesthetics of the project site, including the existing land uses in the immediate
project area. The impact section will address the potential aesthetics impacts
associated with implementation of the project, including analysis of views of the
project from the adjacent residential neighborhoods and from Pacific Coast
Highway. City staff will rely upon project exhibits, diagrams, and site cross -
sections provided by the project consultant. Potential light and glare impacts will
be analyzed, as needed.
The Aesthetics section will evaluate the proposed project for consistency with the
City's policies for visual resources. When potential aesthetics impacts are
identified, mitigation measures will be provided to reduce potential adverse
aesthetics impacts to a level of insignificance.
City staff will prepare final mitigation measures that will be listed in the IS/1VIND.
• Public Services and Utilities: The Public Services and Utilities sections will
identify the existing public services and utilities that serve the site and whether the
project will impact existing levels of service. When required by CEQA, measures
will be provided to reduce potential public service and utility impacts to a level of
insignificance.
• Biology: This section will discuss any existing biological conditions and analyze
potential project impacts on biological resources, based on reports prepared by the
project consultants. Preliminarily, no biological resources have been identified on
the site or in the immediate vicinity. The ISIMND will discuss any potential
Final Reimbursement Agreement.08- 25- 051.doc 14
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
biological resources impacts due to the implementation of the project and will
provide biological mitigation measures as required under CEQA.
• Hazards and Hazardous Materials: This section will discuss any known
hazards or hazardous materials that exist on the site, based on information
provided by the project consultants, as well as identify potential hazards or
hazardous materials related to the implementation and operations of the proposed
project. City staff will incorporate information from existing sources and include
mitigation measures where required by CEQA to mitigate any potential hazardous
impacts identified with the project.
• Cultural Resources: Potential project impacts will be evaluated in the IS/MND
utilizing reports prepared by the City cultural resources consultant, EDAW. If any
significant impacts are identified, mitigation measures will be provided where
required by CEQA.
4. Screen Check Mitigated Negative Declaration
Once the Draft Mitigated Negative Declaration is completed, City staff will submit five (5)
screen check copies to the project proponent for review and comment. After City staff has
completed its review of any suggested revisions, City staff will meet to discuss any comments or
changes proposed. City staff will retain the sole discretion as to whether any proposed revisions
will be incorporated into the Draft Initial Study/Mitigated Negative Declaration.
5. Circulate Draft Mitigated Negative Declaration / Notice of Completion
City staff will provide five (5) copies of IS/MND to the project proponent. City staff will send
the Draft IS/MNND by certified mail to all agencies and individuals on the contact list, including
the State Clearinghouse. While preparing the IS/MND, City staff will prepare a list of agencies
and individuals that will receive a copy of all CEQA documents during the MND review and
certification process. The contact list will include agencies and individuals that must be contacted
in accordance with CEQA, as well as other agencies, groups or individuals City staff believes
should be contacted. In conjunction with mailing the Draft Mitigated Negative Declaration City
staff will complete a Notice of Completion (NOC) and file the NOC with the appropriate
agencies.
6. Prepare Response to Comments and Final Mitigated Negative Declaration
Final Reimbursement Agreement.08- 25- 051.doc 15
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
After the required 30 -day public review period of the Draft Mitigated Negative Declaration has
ended City staff will provide a written response to all written comments received by the City.
The responses will be in the form of a Response to Comments section either separately or as part
of the Draft Mitigated Negative Declaration. The Response to Comments section in conjunction
with the Draft Mitigated Negative Declaration will comprise the Final Mitigated Negative
Declaration.
Once the Response to Comments document is completed, City staff will mail a copy of the
Response to Comments to all agencies and/or individuals that submitted written comments to the
Draft Mitigated Negative Declaration. The responses will be sent by certified mail at least ten
days prior to the City taking an action to certify the Final Mitigated Negative Declaration. After
the Final Mitigated Negative Declaration is approved, City staff will provide five (5) copies of
the Final Mitigated Negative Declaration, including appendices, exhibits and responses to
comments to the project proponent.
7. Attend Project Meetings
City staff will attend project meetings with the project consultant team as determined necessary
during preparation of the Mitigated Negative Declaration in addition to the identified kick -off
meeting. This includes staff meetings to review comments on the screencheck Mitigated
Negative Declaration and responses to comments on the publicly distributed document. All
meetings will be billed at our standard billing rates based upon the personnel from the City in
attendance.
8. Public Meetings
City staff will attend all public meetings necessary to fully consider this project throughout the
City entitlement process. All meetings will be billed at our standard billing rates based upon the
personnel from the City in attendance
9. Notice of Determination
Once the Final Mitigated Negative Declaration is adopted by the City, City staff will file a Notice
of Determination (NOD) with the appropriate agencies as required by CEQA. As no biological
resources have been preliminarily identified for the site, it is not anticipated that the review fee
imposed by the California Department of Fish and Game will be required. If that becomes
necessary, the project proponent is responsible to pay the City that fee.
10. Mitigation Monitoring and Reporting Plan
Final Reimbursement Agreement.08- 25- 051.doc 16
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
City staff will prepare a Mitigation Monitoring and Reporting Plan (MMRP) as required by
CEQA for those measures listed in the Mitigated Negative Declaration to mitigate potential
significant impacts. The Mitigation Monitoring Plan will list all mitigation measures
recommended in the Mitigated Negative Declaration and identify the City department and
responsible agency responsible for monitoring the implementation of the mitigation measure.
11. Needed Information
To prepare the environmental documentation for the proposed project, the following materials
and information are needed:
❑ Complete Project Application, including site plans, structure elevations, and other
appropriate information to fully describe the proposed project. This shall include
a detailed summary of the differences of existing and proposed facilities.
❑ Preliminary Geotechnical Report, if one has been prepared
❑ Preliminary Hydrology Studies and Storm Drain Improvement Plans, if applicable
❑ Air Quality analysis in compliance with SCAQMD CEQA Handbook standards
❑ Water Quality Plans for Construction and Operational Activities (Preliminary
SWPPP)
❑ Traffic evaluation report — construction and operation phases
❑ Phase I Site Assessment or hazardous materials /substances investigation reports.
12. Format of Documents /Submitted Materials
All written documentation submitted to the City will also be submitted via electronic media.
Submitted materials will use Word 2000 as the word processing program and Excel 2000 as the
spreadsheet program. Any charts, graphs, or photographs used in the submitted materials will be
included in the electronic media submittal so that they can be attached electronically to agenda
reports or other reports prepared by the City and shall be in a PDF format.
* * * *
Final Reimbursement Agreement.08- 25- 051.doc 17
•
Regency Center Development Reimbursement Agreement with
City of Seal Beach re: EIR and Staff Support Costs —
Seal Beach Center Redevelopment Project
August 25, 2005
EXHIBIT `B"
CITY ATTORNEY CURRENT BILLING RATES
Final Reimbursement Agreement.08- 25- 051.doc 18
• RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
SHAREHOLDERS:
ABBOTT $395
ASAMURA $325
BARROW $395
BOGA $325
BOND $325
BROWNE $395
CECCON $375
CLARKE $325
COLESON $325
DIAZ $295
DORSEY $395
ENNIS $350
ESTRADA $350
GANS $450
GRAYSON $395
HARRIS, J. $375
HARRIS, R. $350
JIMBO $375
KAUFMANN $395
KIM $325
KUNERT $375
LYNCH $375
MARKMAN $400
ORR $350
PIERCE $325
STEELE $325
STEPANICICH $395
STRAUSZ $395
SUME $325
THORSON $395
WIENER $350
1/14/2005 1
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
SR. ATTORNEYS
BATTERSBY $375
CURLEY $350
DANNER $350
FOX $350
GALLOWAY $400
GREYSON $350
GROSS $275
HAKMAN $250
HO -URANO $275
KARPIAK $295
KRAMER $395
LAMKEN $395
MCGINLEY $275
PIEPER $395
PITTMAN $295
RUDELL $395
WEAVER $350
YOSHIBA $275
1/14/2005 2
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
ASSOCIATES
ABBE $250
AHN $250
BOBKO $225
CHUANG $250
COX $225
COYNE $250
FINNIGAN $195
GARCIA $225
GIOVINCO $195
GUTIERREZ -BAEZA $250
JANDIAL $225
KHALSA $225
LEE $195
MARROQUIN $185
MCCARTHY $225
ORTIZ $195
RAMIREZ $225
REINSTEIN $250
SNOW $225
1/14/2005 3
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
LAW CLERKS
MABEE $160
SUMMER CLERKS $150
SR. PARALEGALS:
LIBERTY $160
PARALEGALS:
KRANE $145
1/14/2005 4