HomeMy WebLinkAboutAGMT - Culbertson Adams & Associates (Mitigation Monitoring Services Agmt.) AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered
into as of January 15, 1999 by and between the CITY OF SEAL BEACH, a municipal
corporation ( "City ") and Culbertson. Adams & Associates. Inc. ( "Contractor ").
RECITALS
WHEREAS, City desires to employ the services of aconsultant to provide on-
going professional services regarding mitigation measure monitoring in accordance with the
provisions of the California Environmental Qulaity Act (CEQA) and the Local CEQA Guidelines of
the CITY; and
WHEREAS, the California Environmental Quality Act, the State EIR Guidelines,
and City's local EIR Guidelines may require the implementation of a mitigation monitoring program
pursuant to a certified Environmental Impact Report; and
WHEREAS, Contractor represents that it is able to monitor and document the
implementation of adopted mitigation measures in conformance with all applicable laws and
guidelines;
IN WITNESS WHEREOF, the parties have executed and entered into
this Agreement for Contract Services as of the date first set forth above.
CITY OF S r ALB • CH CONTRACTOR'
i �
BY: a.. ___ — �. B; �64 ± z_ _s La44
Its: City Manager Its: President
Attest: By:
!•J - -- : Its:
C • erk
APPROVED AS TO FORM:
r
Quinn Barrow
City Attorney
C:\My Documents\Bixby Towne Center EIR\Mitigation Monitoring Services Agreement.CA&AdockLWt04 -05 -99
Mitigation Monitoring Services Agreement
City of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
PARTI
FUNDAMENTAL PROJECT TERMS
A. Location of Subject Project: Bixby Old Ranch Towne Center EIR
State Clearinghouse Number 97091077
B. Dcscription of Services /Goods to be Provided: Monitoring, coordinating and
documenting project mitigation measures adoppted within the Bixby Old Ranch Towne
Center EIR as directed by City Staff and as required by the California Environmental
Quality Act.
C. Term: Unless terminated earlier as set forth in this Agreement, the services shall
commence on January 15, 1999 ( "Commencement Date ") and the term of this
Agreement shall continue through December 31, 1999 ,
D. Party Representatives:
D. 1. The City designates the following person/officer to act on City's behalf:
Mr. Keith R. Till. City Manager
D.2. The Contractor designates the following person to act on Contractor's behalf:
M. Andriette Culbertson, President
•
E. Notices: Contractor shall deliver all notices and other writings required to be delivered
under this Agreement to City at the address set forth in Part II ( "General Provisions ").
City shall deliver all notices and other writings required to be delivered to Contractor at the
address set forth following Contractor's signature below.
F. Attachments: This Agreement incorporates by reference the following Attachments to this
Agreement:
F.1. Part I: Fundamental Project Terms
F.2. Part II: General Provisions
F.3. Part III: Special Provisions
F.4. Part IV: Scope of Work
F.5. Part V: Budget
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Mitigation Monitoring Services Agreement
City of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
G. Integration: This Agreement represents the entire understanding of City and Contractor as
to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with regard to those matters covered by this Agreement. This Agreement
supersedes and cancels any and all previous negotiations, arrangements, agreements, and
understandings, if any, between the parties, and none shall be used to interpret this
Agreement. This Agreement may only be amended by the mutual consent of the parties by
an instrument in writing.
IN WITNESS WHEREOF, the parties have executed and entered into this
Fundamental Project Term as of the date first set forth above in Paragraph C.
CITY OF SE • BEA� CONTRACTOR
•
By: �.._ /_ By i __ i , _ ��, I•
Keith R. Till M. Andriette Culbertson
Its: City Manager Its: President
By:
•• •
Its:
C /erk
APPROVED AS TO FORM: Contractor Information
Richards, Watson & Gershon , Address for Notices and Payments:
Culbertson, Adams & Associates, Inc.
Quinn Barrow 85 Argonaut, Suite 220
City Attorney Aliso Viejo, CA 92656
Attn: Kevin Culbertson, Managing
Principal -
(949) 581 -2888
Telephone Number:
(949) 581 -3599
FAX Number:
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Mitigation Monitoring Services Agreement
Ciry of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
PART II
GENERAL PROVISIONS
SECTION ONE: SERVICES OF CONTRACTOR
1.1 Scone of Work. Contractor shall provide the goods and/or services shown on Part IV
hereto ( "Scope of Work "). If this Agreement is for the provision of goods, supplies,
equipment or personal property, the terms "services" and "work" shall include the
provision (and, if designated in the Scope of Work, the installation) of such goods,
supplies, equipment or personal property.
1.2 Instructions from City. In the performance of this Agreement, Contractor shall
report to and receive instructions from City's Representative designated in Paragraph
D.1 of Part I ( "Fundamental Terms ") of this Agreement. Tasks or services other than
those specifically described in Part IV ( "Scope of Work ") shall not be performed
without the prior written approval of City's Representative.
1.3 Additional Services. City shall have the right at any time during the performance of
the services, without invalidating this Agreement, to order extra work or make changes
by altering, adding to, or deducting from said work. No such work shall be undertaken
unless a written order is first given by City to Contractor, incorporating therein any
adjustment in (i) the Budget, and /or (ii) the time to perform this Agreement, which
adjustments are subject to the written approval of Contractor.
1.4 Standard of Performance. Contractor agrees that all serviees shall be performed in a
competent, professional, and satisfactory manner in accordance with the standards
prevalent in the industry, and that all goods, materials, equipment or personal property
included within the services herein shall be of good quality, fit for the purpose intended.
1.5 Performance to Satisfaction of City. Contractor agrees to perform all work to the
satisfaction of City within the time specified. If Contractor's work is not satisfactory in
the opinion of City's designated representative, City has the right to take appropriate
action, including but not limited to any or all of the following: (i) meeting with
Contractor to review the quality of the work and resolve matters of concern; (ii)
requiring Contractor to repeat or correct the work at no additional fee until it is
satisfactory; (iii) suspending the delivery of new or additional work to Contractor for
an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as
hereinafter set forth. City's options set forth herein are non - exclusive, and are in
addition to any remedy available at law to City.
1.6 Familiarity with Work. By executing the Agreement, Contractor warrants that
Contractor (i) has thoroughly investigated and considered the Scope of Work to be
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January, 1999
performed, (ii) has carefully considered how the services should be performed, and (iii)
fully understands the facilities, difficulties, and restrictions attending performance of the
services under the Agreement. If the services involve work upon any site, Contractor
warrants that Contractor has or will investigate the site and is or will be fully
acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Contractor discover any conditions, including any latent or
unknown conditions, which will materially affect the performance of the services
hereunder, Contractor shall immediately inform City of such fact and shall not proceed
except at Contractor's risk until written instructions are received from City's
Representative.
1.7 Prohibition Against Subcontracting or Assignment. Contractor shall not contract
with any other entity to perform in whole or in part the services required hereunder
without the express written approval of City. In addition, neither the Agreement nor
any interest herein may be transferred, assigned, conveyed, hypothecated, or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or
otherwise, without the prior written approval of City. In the event of any unapproved
transfer, including in any bankruptcy proceeding, City may void the Agreement at City's
option in its sole and absolute discretion. No approved transfer shall release any surety
of Contractor of any liability hereunder without the express consent of City.
1.8 Compensation. Contractor shall be compensated in accordance with the terms of Part
V ( "Budget "). Included in the Budget are all ordinary and overhead expenses incurred
by Contractor and its agents and employees, including meetings with City
representatives, and incidental costs incurred in performing under this Agreement.
SECTION TWO: INSURANCE AND INDEMNIFICATION
• 2.1 Insurance.
2.1.1 Type of insurance Required. Contractor shall procure and maintain, at
its cost and for the duration of this Agreement, comprehensive general liability and
property damage insurance, including automobile and excess liability insurance, against
all claims for injuries against persons or damages to property which may arise from or
in connection with the performance of the work hereunder by Contractor, its agents,
representatives, employees, and/or subcontractors. It shall be the sole and exclusive
duty of Contractor to ensure that its sub - contractors have complied with the insurance
requirements set forth herein, and that evidence of such compliance is provided to City
within the time limits specified in Section 2.1.6.
2.1.2 Amount of Insurance Required. The amounts of insurance required
hereunder shall be as set forth in Part III ( "Special Provisions ") of this Agreement.
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January, 1999
2.1.3 General Requirements. All of Contractor's and its sub - contractor's
policies of insurance shall:
2.1.3.1 Name City, its officers, officials, employees, agents,
representatives and volunteers (collectively hereinafter "City and City
Personnel ") as additional insureds and contain no special limitations on the
scope of protection afforded to City and City Personnel;
2.1.3.2 Be primary insurance and shall provide that any insurance or
self - insurance maintained by City or City Personnel shall be in excess of
Contractor's insurance and shall not contribute with it;
2.1.3.3 Be "occurrence" rather than "claims made" insurance;
2.1.3.4 Apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability;
2.1.3.5 Be endorsed to state that the insurer shall waive all rights of
subrogation against City and City Personnel; and
2.1.3.6 Be written by good and solvent insurer(s) admitted to do
business in the State of California and acceptable to City.
2.1.4 Deductibles. Any deductibles or self - insured retentions must be declared
to and approved by City prior to the execution of this Agreement by City.
2.1.5 Notice of Policy Changes. Each such insurance policy shall be endorsed
to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or
in limits, non - renewed, or materially changed for any reason, without thirty (30) days
prior written notice thereof given by the insurer to City by U.S. mail, certified, or by
personal delivery. In addition to such notice provided to City by the insurer,
Contractor shall also provide City with thirty (30) days prior written notice, by certified
mail, retum receipt requested, of the suspension, voiding, cancellation, reduction in
coverage or in limits, non - renewal, or material change for any reason, of any such
insurance policy or policies.
2.1.6 Evidence of Coverage. Contractor shalf furnish City with certificates of
insurance demonstrating the coverage required by this Agreement which shall be
received and approved by City not less than five (5) working days before work
commences. The duplicate originals and original endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. The procuring of such insurance or the delivery of duplicate originals and
endorsements evidencing the same shall not be construed as a limitation on Contractor's
obligation to indemnify City and City Personnel.
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January, 1999
2.1.7 Workers Compensation Insurance.
2.1.7.1 Contractor shall, to the extent required by the California Labor
Code, provide Workers' Compensation Insurance for the protection of
Contractor's employees. Contractor shall file, within the time limits specified in
Section 2.1.6 of this Agreement, a certificate of insurance which evidences that
Contractor is in compliance with said Worker's Compensation Insurance
requirement.
2.1.7.2 For any Workers' Compensation and Employer's Liability
Coverage, the insurer shall agree to waive all rights of subrogation against the
City and City Personnel arising from work performed by the Contractor for the
City.
2.1.7.3 Contractor shall require all subcontractors similarly to provide
such Workers' Compensation Insurance and certificates of insurance for their
respective employees.
2.1.7.4 In the event Contractor has no employees requiring Contractor
to provide Workers' Compensation Insurance, Contractor shall so certify to
City in writing prior to City's execution of this Agreement. City and City
Personnel shall not be responsible for any claims in law or equity occasioned by
failure of the Contractor to comply with this section or with the provisions of
law relating to Workers' Compensation.
2.2 Indemnification. Contractor shall indemnify, defend, and hold City and City
Personnel harmless from and against any and alI actions, claims, demands, judgements,
attomey's fees, costs, damage to persons or property, penalties, obligations, expenses
or liabilities that may be asserted or claimed by any person or entity arising out of the
willful or negligent acts, errors, or omissions of Contractor, its employees, agents,
representatives or subcontractors in the performanee of any tasks or services for or on
behalf of City, whether or not there is concurrent active or passive negligence on the
part of City and/or City Personnel; provided, however, that the Contractor shall not be
required to indemnify, defend or hold harmless City or City Personnel against claims
arising from the sole active negligence or willful misconduct of City or City Personnel.
In connection therewith:
2.2.1 Contractor shall defend, with Counsel acceptable to City, any action or
actions filed in connection with any such claimed damage, injury, penalty, obligation or
liability, and shall pay all costs and expenses, including attorney's fees, inccurred
therewith.
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Mitigation Monitoring Services Agreement
City of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
2.2.2 In the event City and/or any City Personnel is made a party to any action
or proceeding filed or prosecuted for any such claimed damage, injury, penalty,
obligation or liability, Contractor shall defend City and pay to City any and all costs and
expenses incurred by City in such action or proceeding, together with reasonable
attorney's fees and expert witness fees.
SECTION THREE: LEGAL RELATIONS AND RESPONSIBILITIES
3.1 Compliance with Laws. Contractor shall keep fully informed of all State and Federal
laws and County and Municipal ordinances and regulations which in any manner affect
those employed by it or in any way affect the performance of services pursuant to this
Agreement. Contractor shall at all times observe and comply with all such laws,
ordinances, and regulations and shall be responsible for the compliance of all work and
services performed by or on behalf of Contractor. Each and every provision required
by law to be inserted into this Agreement shall be deemed to be inserted, and this
Agreement shall be read and enforced as though they were included.
3.2 Independent Contractor. Contractor shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly
independent contractor. City shall not in any way or for any purpose become or be
deemed to be a partner or employer of Contractor in its business or otherwise, or a
joint venturer, or a member of any joint enterprise with Contractor. Contractor 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. Neither Contractor nor any of Contractor's employees
shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement, or
other fringe benefits from City; and neither Contractor nor any of its employees shall be
paid by City any wage or overtime benefit. City is under no obligation to withhold
State and Federal tax deductions from Contractor's compensation. Neither Contractor
nor any of Contractor's employees shall be included in the competitive service, have
any propeny right to any position, or any of the rights a City employee might otherwise
have in the event of termination of employment.
3.3 Covenant Against Discrimination. Contractor covenants for itself, its heirs,
executors, assigns, and all persons claiming under or through it, that there shall be no
discrimination against any person on account of race, color, creed, relation, sex, marital
status, national origin, or ancestry, in the performance of this Agreement. Contractor
further covenants and agrees to comply with the terms of the Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) as the same may be amended from
time to time.
3.4 Use of Patented Materials. Contractor shall assume all costs arising from the use of
patented or copyrighted materials, including but not limited to equipment, devices,
processes, and software programs, used or incorporated in the services or work
performed by Contractor under this Agreement. Contractor shall indemnify, defend,
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and save City harmless from any and all suits, actions or proceedings of every nature
for, or on account of, the use of any patented or copyrighted materials.
3.5 Licenses. Permits. Fees and Assessments. Contractor shall obtain and keep in effect
throughout this Agreement, at its sole cost and expense, all licenses, permits, and
approvals that may be required by law for the performance of the services required by
this Agreement including, without limitation, a City business license. Contractor shall
have the sole obligation to pay any fees, assessments, and taxes, plus applicable
penalties and interest, which may be imposed by law and arise from or are necessary for
the Contractor's performance of the services required by this Agreement, and shall
indemnify, defend, and hold harmless City against any such fees, assessments, taxes,
penalties, or interest levied, assessed, or imposed against Contractor thereunder.
3.6 Proprietary Information. All proprietary information developed specifically for City
by Contractor in connection with, or resulting from, this Agreement, including but not
limited to inventions, discoveries, improvements, copyrights, patents, maps, reports,
textual material, or software programs, but not including Contractor's underlying
materials, software, or know -how, shall be the sole and exclusive property of City, and
are confidential and shall not be made available to any person or entity without the
prior written approval of City. Contractor agrees that the compensation to be paid
pursuant to this Agreement includes adequate and sufficient compensation for any
proprietary information developed in connection with or resulting from the
performance of Contractor's services under this Agreement. Contractor further
understands and agrees that full disclosure of all proprietary information developed in
connection with, or resulting from, the performance of services by Contractor under
this Agreement shall be made to City, and that Contractor shall do all things necessary
and proper to perfect and maintain ownership of such proprietary information by City.
3.7 Retention of Funds. Contractor hereby authorizes City to deduct from any amount
payable to Contractor (whether arising out of this Agreement or otherwise) any
amounts the payment which may be in dispute or which are necessary to compensate
City in full or part for losses, costs, liabilities, or damages suffered by City, and all
amounts for which City may be liable to third parties, by reason of Contractor's
negligent acts, errors, or omissions, or willful misconduct, in pertorming or failing to
perform Contractor's obligations under this Agreement. City in its sole and absolute
discretion, may withhold from any payment due Contractor, without liability for
interest, an amount sufficient to cover such claim or any resulting lien. The failure of
City to exercise such right to deduct or withhold shall not affect the obligations of the
Contractor to insure and indemnify City as elsewhere provided herein, or act as a
waiver of Contractor's obligation to pay City any sums Contractor owes City.
Notification of amounts in dispute will be made in writing within 10 days, otherwise
entire invoice amounts are due and payable in full.
3.8 Termination By City. City reserves the right to terminate this Agreement at any time,
with or without cause, upon written notice to Contractor. Upon receipt of any notice
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of termination from City, Contractor shall immediately cease all services hereunder
except such as may be specifically approved in writing by City. Contractor shall be
entitled to compensation for all services rendered prior to receipt of City's notice of
termination and for any services authorized in writing by City thereafter. If termination
is due to the failure of Contractor to fulfill its obligations under this Agreement, City
may take over the work and prosecute the same to completion by contract or
otherwise, and Contractor shall be liable to the extent that the total cost for completion
of the services required hereunder, including costs incurred by City in retaining a
replacement contractor and similar expenses, exceeds the Budget set forth in Part V
hereto.
3.9 Right to Ston Work: Termination By Contractor. Contractor shall have the right to
stop work only if City fails to timely make a payment required under the terms of the
Budget, at which point Contractor may suspend performance under this Agreement
after thirty (30) days' prior written notice to City. Contractor shall immediately cease
all services hereunder as of the date Contractor's notice of termination is sent to the
City. Contractor shall be entitled to compensation for all services rendered prior to the
date notice of termination is sent to City and for any services authorized in writing by
City thereafter. If Contractor terminates this Agreement because of an error, omission,
or a fault of Contractor, or Contractor's willful misconduct, the terms of Section 3.8
relating to City's right to take over and finish the work and Contractor's liability
therefor shall apply.
3.10 Waiver. No delay or omission in the exercise of any right or remedy by a
nondefaulting party on any deault shall impair such right or remedy or be construed as
a waiver. A party's consent to or approval of any act by the other party require the
party's consent or approval shall not be deemed to waive or render unnecessary the
other party's consent to or approval of any subsequent act. Any waiver by either party
of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
3.11 Legal Actions. The Municipal and Superior Courts of the State of Califomia in the
County of Orange shall have the exclusive jurisdiction of any litigation between the
parties arising out of this Agreement. This Agreement shall be governed by, and
construed under, the laws of the State of Califomia. The rights and remedies of the
parties are cumulative and the exercise by either party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
3.12 Attorneys' Fees. If either party to this Agreement is required to initiate or defend, or
is made a party to, any action or proceeding in any way connected with this Agreement,
the party prevailing in the final judgment in such action or proceeding, in addition to
any other relief which may be granted, shall be entitled to litigation costs, including
reasonable attomey's fees and expert witness fees.
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City of Seal Beach and Culbertson, Adams & Associates, Inc.
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3.13 Force Maieure. The time period specified in this Agreement for performance of work
• may be extended by City because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of Contractor, including, but not restricted
to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes,
floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including City, provided that
Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the causes and length of the delay. If Contractor gives notice of such delay,
City shall ascertain the facts and the extent of delay, and extend the time for performing
the services for the period of the enforced delay, when and if in the judgement of City,
such delay is justified. City's determination shall be made in writing, and shall be final
and conclusive upon the parties to this Agreement. In no event shall Contractor be
entitled to recover damages against City for any delay in the performance of this
Agreement, however caused. Contractor's sole remedy shall be extension of this
Agreement pursuant to this Section 3.13.
3.14 Non - liability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Contractor, or any
successor in interest, in the event of any default or breach by City, or for any amount
which may become due to Contractor or its successor, or for breach of any obligation
of the terms of this Agreement.
3.15 Conflict of Interest. No officer, official, employee, agent, representative, or volunteer
of City shall have any financial interest, direct or indirect, in this Agreement, or
participate in any decision relating to this Agreement which affects his or her financial
interest or the financial interest of any corporation, partnership, or association in which
he or she is interested, in violation of any Federal, State, or City statute, ordinance, or
regulation. Contractor shall not employ any such person while this Agreement is in
effect. Contractor warrants that Contractor, its officers and employees, have not, and
will not during the term of this Agreement and for at least twelve (12) months after
performance is complete, accept any employment or consideration from any party that
would constitute a conflict of interest as described in California Government Code
Sections 87100 et seq., and accompanying regulations, as either may be amended from
time to time.
SECTION FOUR: MISCELLANEOUS PROVISIONS
4.1 Records and Reports. Upon request by City, Contractor shall prepare and submit to
City any reports concerning Contractor's performance of the services rendered under
this Agreement. City shall have access, upon reasonable notice, to the books and
records of Contractor related to Contractor's performance of this Agreement in the
event any audit is required. All drawings, documents, and other materials prepared by
Contractor in the performance of this Agreement (i) shall be the property of City and
shall be delivered at no cost to City upon request of City or upon the termination of this
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Agreement, and (ii) are confidential and shall not be made available to any individual or
entity without prior written approval of City. Contractor shall keep and maintain all
records and reports related to this Agreement for a period of three (3) years following
termination of this Agreement, and City shall have access to such records in the event
any audit is required.
All documents shall be provided to City in hard copy reproducible form and also in
Microsoft Word 98 format. All charts, tables, figures, and maps which are prepared with
computer -based mapping or spread -sheet programs shall be provided to City in a format
acceptable to City.
4.2 Notices. Unless otherwise provided herein, all notices required to be delivered under
this Agreement or under applicable law shall be personally delivered, or delivered by
United States mail, prepaid, certified, return receipt requested, or by reputable
document delivery service that provides a receipt showing date and time of delivery.
Notices personally delivered or delivered by a document delivery service shall be
effective upon receipt. Notices delivered by mail shall be effective at 5:00 p.m. on the
second calendar day following dispatch. Notices to City shall be delivered to the
following address, to the attention of City Representative set forth in Paragraph D.1 of
the Fundamental Terms of this Agreement:
To City: City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Notices to Contractor shall be delivered to the address set forth below Contractor's
signature on Part I of this Agreement, to the attention of Contractor's Representative
set forth in Paragraph D.2 of the Fundamental Terms of this Agreement. Changes in
the address to be used for receipt of notices shall be effected in accordance with this
Section 4.2.
4.3 Time of Essence. Time is of the essence in the performance of this Agreement.
4.4 Interpretation: Severability. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply. The Section headings are for purposes of
convenience only, and shall not be construed to limit or extend the meaning of this
Agreement. Each provision of this Agreement shall be severable from the whole. If
any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
4.5 Corporate Authority. The person(s) executing this Agreement on behalf of the
parties hereto warrant that (i) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by
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so executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into this Agreement does not violate any provision of
any other Agreement to which said party is bound.
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January, 1999
PART III
SPECIAL PROVISIONS
100. INSURANCE. Pursuant to Section 2.1 of Part II ( "General Provisions ") of this
Agreement, the amounts and levels of insurance required shall be as follows:
100.1 General Liability (including premises and operations, contractual liability,
personal injury, independent contractors liability): One Million Dollars ($1,000,000.00)
Single Limit, per occurrence. If commercial general liability insurance or other form
with a general aggregate limit is used, either the general aggregate shall apply
separately to this project, or the general aggregate limit shall be three times the
occurrence limit.
100.2 Automobile Liability (including owned, non - owned, and hired autos): One
Million Dollars ($1,000,000.00), Single limit, per occunence for bodily injury and
property damage.
100.3 Workers Compensation and Employer's Liability: One Million Dollars
($1,000,000.00) per occurrence for injuries incurred in providing services under this
Agreement (if Contractor is required to have per the laws of Califomia).
200. PERSONNEL. M. Andriette Culbertson shall be assigned to, and shall have direct
responsibility for management of the project. No change shall be made in this
assignment without the prior written approval of City. Consultant may secure, at
Consultant's sole cost and expense, such other persons as may, in the opinion of
Consultant, be needed to comply with the terms of this Agreement. If such persons are
retained by Consultant, Consultant warrants that such persons shall be fully qualified
under applicable State, Federal and local law and industry or professional standards to
perform the services for which Consultant retains them.
In addition to personnel employed directly by Consultant, Consultant shall have the
right to engage such subcontractors as it may deem necessary to the performance of its
services hereunder with the prior approval of the City, which approval shall not be
unreasonably withheld. Contractor warrants that such subcontractors shall be fully qualified
under applicable State, Federal and local law and industry or professional standards to
perform the services for which Consultant retains them.
Mitigation Monitoring Services AgreementCA&A 14
1 Miti Lion Monitoring Services Agreement
City of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
PART IV
•
SCOPE OF WORK
(Please see attached proposal, dated December 3, 1998)
Mitigation Monitoring Services Agreement.CA&A 15
• •
C. MITIGATION MONITORING PROGRAM
The California Environmental Quality Act (CEQA) requires all public agencies to establish
monitoring or reporting procedures for mitigation measures adopted as conditions of approval
in order to mitigate or avoid significant project impacts. The monitoring or reporting
program must be designed to ensure compliance during project implementation (Public
Resources Code Section 21081.6).
Provided on the following pages is a summary listing of the proposed mitigation measures
associated with the proposed Bixby Old Ranch Towne Center project. Following each
mitigation measure is an indication of the action involved with enforcement or
implementation of the mitigation measure (i.e. "Specific Action "), the timing of
implementation (i.e. "Mitigation Milestone ") and the Responsible Monitoring Party. This
Mitigation Monitoring Program is intended to reflect the requirements of AB 3180 (Cortese) __-
which requires a monitoring program to insure the implementation of these mitigation
measures.
MrnGATION RESPONSIBLE
MITIGATION MEASURE SPECIFIC ACTION MILESTONE MONTrOR1NG PARTY
A. LAND USE
A- 1.Detailed development plans for Development Include walls, landscaped Review and approval City of Seal Beach,
Areas A, B and D shall include walls, landscaped buffers and setbacks in of building and Development Services
buffers and build ng setbacks in order to eliminate project plans. landscape plans. Department
potential conflicts with adjacent residential and
recreational uses. These detailed plans shall be
submitted for review and approval by the Director of
Development Services prior to or concurrent with
approval of final subdivision maps or plot plans.
A -2. Detailed plans for areas adjacent to Larnpson Include perimeter Review and approval City of Seal Beach,
Avenue (Development Areas C, D and E) shall include landscaping and setbacks of building and Development Services
perimeter landscaping and building setbacks to insure in project plans. landscape plans. Department
compatibility with the Scenic I-lighways Element of the
City General Plan These detailed plans shall be
submitted for review and approval by the Director of
Development Services prior to or concurrent with the
approval of foal subdivision maps or plot plans.
A -3. Detailed development plans for Development Review of project plans. Review and approval City of Seal Beach,
Area A shall be submitted for review and approval by - of building plans. Development Services
the Director of Development Services to insure that no Department
more than 20% of commercial space is devoted to
restaurants.
B. SOCIO - ECONOMICS
No Mitigation Measures proposed. N/A N/A N/A
C. GEOLOGY
C-1 .Prior to issuance of a grading permit, the project Prepare final geotechnical Review and approval City of Seal Beach,
proponent shall submit a geotechnical report to the City report of grading plans. Engineering Department
Engineer for approvaL The report shall include the
information and be in a form as required by the Orange
II. EIR Summary /Mitigation Monitoring Program
Bixby Old Ranch Towne Center EIR
II -22
• •
MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
County Grading Manual, Section 5.4 and the Orange
County Excavation and Grading Code, Section 7 -1-
819. Project proponent shall reimburse City costs of
independent third -party peer review of said
geotechnical report.
C -2.The project applicant shall incorporate Incorporate soil mitigation Review and approval City of Seal Beach,
measures to mitigate expansive soil conditions, measures in project of tract maps and Engineering Department
compressible /collapsible soil conditions and grading plans. grading plans.
liquefaction soil conditions, and impacts from
trenching in site - specific Tentative Tract/Parcel
Map Review and Rough Grading Plan Review
reports prepared by the project geotechnical
consultant. Recommendations shall be based on
surface and subsurface mapping, laboratory testing
and analysis. The geotechnical consultant's site -
specific reports shall be approved by a certified
engineering geologist and a registered civil
engineer, and shall be completed to the satisfaction
of the City Engineer. Project proponent shall
reimburse City costs of independent third -party
peer review of said site- specific reports.
C- 3.Loose and soft alluvial soils, expansive clay Remove alluvial expansive During project City of Seal Beach,
soils and all existing uncertified fill materials will soils and uncertified fills. grading. Engineering Department
be removed and replaced with compacted fill
during site grading in order to prevent seismic
settlement, soil expansion, and differential
compaction.
C- 4.Prior to the initiation of project grading in any Locate, remove, abandon, During project City of Seal Beach,
development area, all existing utilities will be reroute or protect existing grading. Engineering Department
located and either abandoned and removed, utilities.
rerouted or protected.
C -5.In excavations deeper than four feet but less Provide 1.5:1 slopes or During project City of Seal Beach,
than ten feet, a slope no steeper than 1.5 to 1 shore up steeper slopes. grading. Engineering Department
(horizontal to vertical) shall be provided. Steeper
slopes or deeper excavations will be provided with
shoring for stability and protection. OSHA safety
requirements shall be adhered to throughout the
entire duration of project earthwork.
C -6.All grading procedures, including soil Comply with City grading During project City of Seal Beach,
excavation and compaction, the placement of standards. grading. Engineering Department
• backfrll, and temporary excavation shall comply
with City of Seal Beach standards.
C- 7.Permanent cut and fill slopes shall not exceed Provide 2:1 cut and fill During project City of Seal Beach,
2 to 1 (horizontal to vertical). slopes. grading. Engineering Department
C- 8.Graded, but undeveloped land shall be Plant graded but During project City of Seal Beach,
maintained weed -free and planted with interim undeveloped land. construction. Engineering Department
landscaping within ninety (90) days of completion
of grading, unless building permits are obtained.
Planting with interim landscaping shall comply
with NPDES Best Management Practices.
C- 9.Conformance with the latest Uniform Building Conform with Uniform Review and approval City of Seal Beach,
Code and City Ordinances can be expected to Building Code and City . of building plans. Development Services
satisfactorily mitigate the effect of seismic Ordinances. Department
groundshaking. Conformance with applicable
II. EIR Summary /Mitigation Monitoring Program
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II -23
• •
MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONTTORIYGPARTY
codes and ordinances shall occur in conjunction
with the issuance of building permits in order to
insure that overexcavation of soft, broken rock and
clayey soils within sheared zones will be required
where development is planned.
C -l0.The potential on -site liquefaction hazard shall Remove and recompact During project City of Seal Beach,
be mitigated by removal and recompaction of on- on -site alluvial soils, install grading. - Engineering Department
site alluvium soils, installation of subsurface subsurface drainage, and
drainage and placement of compacted fill as utilize compacted fill.
required.
D. WATER / DRAINAGE
D-1.The capacity of the Old Ranch Retarding Increase capacity of Old Review and approval City of Seal Beach,
Basin will be increased to 87.6 acre feet at Ranch Retarding Basin. of drainage plans. Engineering Department ---
elevation 12 so that the peak flow exiting the
Retarding Basin will be no greater than the pre- -
project condition thereby eliminating the increase
of runoff due to the increase of impervious area.
D-2.The runoff from the 10-acre area at the Direct on -site runoff from Review and approval City of Seal Beach,
northwest corner of the project shall be diverted to northwest corner of site. of drainage plans. Engineering Department
the Old Ranch Retarding Basin. The capacity of
the Retarding Basin will be further increased to
accommodate this increase in flow to a capacity of
88.4 acre feet at elevation 12.
D-3.Additional capacity in the Old Ranch Retarding Provide additional capacity Review and approval City of Seal Beach,
Basin to 100 acre feet at elevation 12 will be provided beyond requirements in of drainage plans. Engineering Department
as a mitigation from the impact of drainage from future Old Ranch Retarding
upstream development This increase will be Basin.
approximately 13 percent over the required holding
capacity based upon Mitigation Measures D-1 and
D-2 above.
D-4.The inlet capacity of on -site catch basins will Provide oversized on -site Review and approval City of Seal Beach,
be constructed a minimum of 25% larger than that catch basins. of drainage plans. Engineering Department
required by the City Engineer in order to reduce
the potential for debris blockage during major
storms.
D-5.The project shall reduce the impact of Implement Best Review and approval City of Seal Beach,
contaminants (oil, grease and rubber) by the use of Management Practices per of drainage plans and Engineering Department
Best Management Practices (BMP) used to NPDES requirements in building plans.
conform to the requirements of the National drainage facilities.
Pollution Discharge Elimination System (NPDES)
provisions in the Clean Water Act. The BMP's
used will most likely be the use of oil and grease
separators and/or vegetated areas used to
biologically treat the contaminated runoff.
D -6.The amount of sediment movement during Implement Best During project grading City of Seal Beach,
construction will be minimized by the use of Management Practices per and construction. Engineering Department
NPDES BMP's, including, but not limited to, NPDES requirements
sandbags, silt fences, straw bales and rock check during grading and
dams. The construction and condition of the construction.
BMP's will be periodically inspected during
construction and repairs will be made, when
necessary, as required by the NPDES.
D-7 Prior to final project design, aproject specific Drainage Provision of a project Prior to final project City of Seal Beach,
Report shall be prepared by a registeredcivlengineer in specific Drainage Report. design. Engineering Department
II. EIR Summary /Mitigation Monitoring Program
Bixby Old Ranch Towne Center EIR
II -24
•
• .
• bffI1GATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
accordance with applicable requirements of the Orange
C o u n t y Flood Control District and the City ofSeal Beads.
The report shall describe the existing drainage network,
existing rapacity, pre -and post -projec t nmoffvohanes, and
any necessary improvements to accommadare proposed
p eject runoff volumes. •
D-8. Prior to the issuance ofgradingorbuidmgpetmits a Preparation of a City of Seal Beach
comprehensive Water QuaTayMmagemai Plan(WQMP) Prior to final project
comprehensive Water design. Engineering Department
shall be prepared by a registered civil engineer aa Quality Management Plan.
regcsteed professional hydrologist toprotect vats
resources from impacts due to urban contaminants in
srfaoe water runoff The plan shall be prepared in
o o o r d r a t i o n with the Regional Wat r Quality Co t of
Beard, Orange Canty, and the City of Seal Beach to
u>,Stree compliance with applicable NPDES pe nk
iequmanam. The Plan shall include a combination of
structural and non structural Best Management Practices
(BMPs) as outfcned in Countywide NPDES Drainage Area
Managerne t Plan.
¢9 On-site litigation shall not produce siancling pools Provision of a project Prior to final project City of Seal Beach
wader onfauwraystatpersistfa mom tan five days specific Drainage Report design. Engineering Department
D-10All project drainage fiaclmes shall be kept free from Provision of a project prior to final project City of Seal Beach
vegetation and debris that causes any nnoffto become specific Drainage Report design. Engmeenng Department
impounded for more than five days
E. AIR QUALITY
E-1. Prior to the issuance of uihial grading or bualdmg Secure approval of Air Prior to the issuance of City of Seal Beach,
permits, the applicant shall obtain approvalofan Air Quality Quality Mitigation Plan. grading or building Development Services
Mitigation Plan by the Director ofDevelopmmt Services. permits. Department
The Plan shall address each applicable control measure
tom die 1997 Air Quality Manageman Plan aslisted •
below in order to determine which control mama are
feasible, recommend implementation condmans, and
establish methods ofapplyingconcfi stocortactors,
buyers, lessees, tenants and occupants The project
applicaritsslall reimburse City costs of an i dependeutthird
party peer review oftiis Plan.
• Comtructiom (Short-Term) Impact
a) Use low emission mobfeaonstruciarequgr >erst
b) Wares site and clean egrapmerdmanurgod evening
c) Wash offrr•ucla leaving die site
d) Spreadsoi1 binders on !op nearoa:isadparking
arntc
e) Apply chernicalsnr7stabili ers to all bnctiveconstruction
area' (previaalygrcrkdareas xhichmrncmt bractivefor
96 hours).
.Q Reestablish ground co •oncau» ictionsiethough
seeding and watering on portions ofdre site dye will not be
distO'&Jar length y periods (such as em uormere).
g) Sweepsaeets ifsih is carried over to adjacent public
thoroughlana.
h) Reduce vcffic speeds on ail unpaved rood surfacsrto LS
• miles per how orless.
r 7 S d grading opera:lbw duringfirst vrfsecond
surge smog alerts
II. EIR Summary/Mitigation Monitoring? Prozram
Bixby Old Ranch Towne Center EIR
II-25
e i
•
•
• MITIGATION RFSPONSLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
J) Suspend al1 grading operati nsxiisustaindwind!
exceed 15 'rules per how.
k) Mzimanu construction egudprret engines by keeping
then nasal
0 Use low sul firfuel for stationary rorutnrtias equipment
•
m)Cor f sgsoe mmnuc7ion parking to mbsbnce mew
interference
n) Afasune.eatt tnrrionofd:nvrghtfinffrlanes
o) Provide afagperson tom:peiyguide or& and ensues
shay at aorm:ruction sires
P) Schedule operations reeding rrvffcfor of -peekhours
xhe efeasible
q) Uevdopa bvffcplas to masvneeavffic)low interference
from m►uvuctionactivities (the plan may bcldeadvance
public notice ofrorting).
r) Utilize ecisthig passer sowres (eg. pone -poles) or
dean fuel generators rather than tergsrrry power
s) Develop a trip reduction plan to comply with SCAQMD
Ride 2202.
t) Schedule goods movemestsforoffpevkhours
ell Ycommit:lion activity managerners
such as: extending the construction period rencucingthe
number ofpiecm ofel t forr hen v.
rsv die distance between die emission sources:
re:he -i igordnmgrsgdie hosesofar>snsrtion and
scheduling activity during of(peak haws
v) Provide rs- sQe pone. sources dieing the early stages of
the Plea
w) Uselow minion titmice stationary equipment (e.g
ckemfrels).
x) Require a phased xh&uleforaant uctionadinkies
mamnceemission& I -
y)Provider eareaandOandbrceti►rsfir
construction Re:7 nd
• bryalaretorcontribute wbas tneeplanting
program to offset the loss of a dstorg bees at the
construction site.
• Rrgiooal Air Quaky -Long Term
a) Provide loco Ishecdeardregirolbmuksystansad
transit shelte s
b) Provide bicycle lanes. storage areax and amenities.
and ensure c cietpm sgnmmagenet
c ) Provide pgbwiidparking to higho accur<ywhides
and shuttle services and charge parkvrg eesto low
oaepancy vehicles
c0 Provide trkguate ingress and egressatall entrances to
publicficilai es to mosirni-x vehicle ;Singed curbsklet
e) Employers should provide w riablenarkhours and
tele oimmdvsgtoemployees
fi Provide deliaotea turn lanes as appropriate and provde
roadsmyinFry ►wretsat heavily congested roadKays
g) Provide lighter color roofing and rood materials and tree
pa ningpvgrmstocomplywilttreAQMD
Miscel/a>erna Sources MSC-0l measure
h) Comply with dreAQMD Regulations and Srmiormy
II. EIR Summary /Mitigation Monitoring Program
Bixby Old Ranch Towne Center EIR
II -26
• •
MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
Sources Opperaioru Enhanced 6upec on mid
Mzintenatre toreduceenissionsofproposedrecmrcn
hnprnr the thermal btegriyofthe buildings and reduce
the thermal load with automated time clocks or occupant
sersorl
!) Provide on-sire services (eg.. ATMs, child care
md other stnrlarseewes)
k) &Tige stoprovide ridemtuching. guaranaadride
home or carpool or vvpool to employees.
A Employers to pwideconpensation pri:esor
torideshmvs
m)Sysriconke traffic signals.
n) Provide dedicated parkin gspaces with electrical outlets
for dect ical vehicle
o) Install energy ejk*i# so-el lighting.
P) escape with motive - resistmt species to
reduce water consungion and to provide palm% e solar
benefit.
q) Encourage the useofakonaritefuel or law emission
vehicles
r) bmnrhrewbdowgl¢bg !insulation and dread
t endert', methods
s) Provide brertivesjrr solid Norte recyrl g
f) Use devices that minimketheaombustbnofjBm7fuels
F. TRANSPORTATION / CIRCULATION
F -1. Prior to the application ofeach building permit, the Pay for fair -share costs of Prior to the issuance of City of Seal Beach,
applicant shall pay Crty Traffic Impact fees and/apost highway improvements. buidling permits. Public Works Department
security in a manner meeting the approval of the Director of
Pblic Works for the "fair share" costs ofhighway
improvements attained to the proposed project
The proposed project would sngnifica niy impact sox key
intersections in the Year 2001. Further, two ck:sectiaa
will require improvements related to providing access to the
Old Ranch Towne Center site. The Crty of Seal Beach will
require the project developers to pay a "fair- share" ofthe
improvement costs forthe sic intersearats as follows
#2: Los Alamitos Boulevard at Spring StreetCeaires
Avenue
43: Los Alamitos Boulevard at Karelia Avenue
•
#12: Seal Beach Boulevard atLatnpsonAvenue
#13: Seal Beach Boulevard at 1405 NB Rance-Old
Ranch Parkway
#14: Seal Beach Borleva i at 1405 SB Ramps - Beverly
Manor
#17: Seal [leach Boulevard at Westminster Avenue
F -2. Prieto the application for the first lnnlding perrruts f or Secure approval of Prior to the issuance of City of Seal Beach,
the T owne center oa mad,'center, the applicant shall Delivery Vehicle Access building permits. Public Works Department
obtain approval by the Director ofPublic Works ofa and Loading Plan.
Delivery Vehicle Access and Loading Plan i cludaug
vehicle =ling templates (AASHTO WB- 50 and SU -30
design vehicles) analyses demons rating adequate arming
areas The Director ofPublic Works shall require that
•
vendors oval be informed of the 1oaEng dodo location and
orientation.
F-3. Prior to a p p G r a t i o n s f o r Wilting permits,the applicant Secure approval of Bus Prior to the issuance of City of Seal Beach,
II. EIR Summary /Mitigation Monitoring Program
Bixby Old Ranch Towne Center EIR
II -27
•
• MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MMILESTONE MONITORING PARTY
shall obtain approval by the DinxtorofPublic Works ofa Stop and Pedestrian Access building permits. Public Works Department
Bus Stop and Pedestrian Access Plan. Plan.
G. BIOLOGICAL RESOURCES
G- 1.Prior to project construction, the Califomia Notify Califomia Prior to issuance of City of Seal Beach,
Department of Fish and Game shall be notified Department of Fish and grading permits. Development Services
pursuant to California Fish and Game Code Game and U.S. Army - Department, the
Sections 1601 -1603 and the U.S. Army Corps of Corps of Engineers. California Department of
Engineers in conjunction with their 404 permit Fish and Game and the
process. The proposed project shall provide all U.S. Army Corps of
required compensation for impacts to on -site Engineers
wetland habitats.
G- 2.Intemational Society of Arboriculture (ISA) Conduct proper tree Prior to the issuance of City of Seal Beach,
pruning standards shall be followed on all trees. pruning. building permits. Public Works Department
General pruning guidelines including
specifications for making correct pruning cuts,
branch selection for different purposes, and
topping, as provided by the arborist, shall be
followed.
G- 3.ARer project construction, trees that have been Conduct reconstructive Prior to the issuance of City of Seal Beach,
topped in the past shall undergo reconstructive tree pruning standards. building permits. Public Works Department
pruning to improve tree structure and reduce
hazards.
G-4A11 contractors, subcontractors, equipment Inform contractors, etc. of Prior to the issuance of City of Seal Beach,
operators, etc. shall be informed concerning tree tree preservation standards grading permits. Public Works Department
preservation standards and procedures. Tree and procedures.
protection guidelines and procedures shall be
incorporated into all construction and grading
agreements. The project arborist and job
superintendent shall oversee all tree protection
requirements.
G- 5.Prior to any construction activity, tree Delineate all tree Prior to the issuance of City of Seal Beach,
protection zones shall be delineated for all trees to protection zones. grading permits. Public Works Department
be preserved. The protection zone will be either.
1) five feet from the outside of the dripline of the
tree canopy or 2) one foot radius from the trunk k for
every 1 -inch of truck diameter, whichever is
greater. If construction activity is planned within -
any tree protection zone, a case -by -case evaluation
will be made by an ISA Certified Arborist.
G- 6.Prior to any grading or construction activity, a Provide protective tree Prior to the issuance of City of Seal Beach,
4 -foot high protective fence consisting of chain- fencing. grading permits. Public Works Department
link wire or fluorescent webbing attached to steel
line posts shall be constructed around the
protection zone of all preserved trees. Laminated
•
"tree protection zone - no construction activity"
signs will be attached to the fence. This fence is to
remain in place throughout the construction period.
G -7.If contact with the tree crown is unavoidable Conduct pruning of During project grading City of Seal Beach,
and tree damage will occur, as ISA Certified damaged trees. and construction. Public Works Department
Arborist shall prune the conflicting branch(es)
•
using ISA standards. Where trenching is necessary
in areas that contain tree roots, tree roots shall be
pruned using a Dosko root pruner or equivalent. _
II. EIR Summary /Mitigation Monitoring Program
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
All cuts shall minimize ripping, tearing, and
fracturing of the root system of the impacted tree.
The trench shall be made no deeper than the depth
of grading or trenching necessary.
G -8.In order to avoid draining or leaking Park construction During project grading City of Seal Beach,
equipment fluids near preserved trees, fluids such equipment away from trees and construction. Engineering Department
as: gasoline, diesel, oils, hydraulics, paint, brake and dispose of equipment
and transmission fluids and glycol (anti- freeze) fluids properly.
shall be disposed of properly. Construction
equipment shall be parked at least 50 feet away
from existing trees to avoid the possibility of
leakage of equipment fluids into the soil.
G -9.In areas affected by grading or excessive Wash foliage affected by During project grading City of Seal Beach,
construction dust, the tops and undersides of grading or construction and construction. Engineering Department
foliage will be washed with a strong water stream dust.
every two weeks in moming hours before 10:00
a.m. to control mite and insect populations.
G -10.If irrigation systems or schedules or Assess irrigation needs if During project grading City of Seal Beach,
drainage/runoff patterns are changed by drainage / irrigation is and construction. Engineering Department
construction activities, an assessment of irrigation changed.
needs shall be conducted to protect the health of
the trees to be preserved. This may require the
installation of a temporary irrigation system or
mobile watering by a water truck.
G -11 All trees to be removed shall be clearly Mark trees to be removed. Prior to the issuance of City of Seal Beach,
marked at the base of the trunk k and at 4 1P2 feet grading permits. Public Works
above ground to avoid removal of the wrong tree. Department
G -12A11 major tree trimming shall be scheduled so Schedule tree work to Prior to the issuance of City of Seal Beach,
as to not disturb birds -of -prey during nesting avoid nesting and grading permits. Public Works
periods and Monarch Butterfly overwintering as overwintering periods. Department
well as to prevent infestation by the Eucalyptus
Long -horn Borer. All major tree trimming shall be
completed by October 31 in order to avoid
infestation by the Eucalyptus Long-horned Borer,
the nesting season for birds -of -prey, and Monarch
Butterfly clustering.
G -13All mature trees lost as a result of project Replace lost trees on a Review and approval City of Seal Beach,
development shall be replaced pursuant to the two- for -one basis. of landscape plans. Public Works
following ratios: a) eucalyptus: 4 to 1 using 24- Department
inch box trees; and b) non - eucalyptus: 2 to 1 using
36 -inch box specimens.
G14All ornamental ponds, pools, water hazardsor lakes Preparation of project Prior to final project City of Seal Beach,
shall be kept free ofemergent vegetation, both ofwhich specific Drainage Plan. design. Engineering Department
provide harborage for mosquitobree &ng. These water
bodies shall also be stocked with mosquito fish.
G•15.Grass clippings shall either be removed from the site Removal or composting of Prior to final project City of Seal Beach,
or composted inamanner that does not breed flies. clippings. design. Public Works Department
G -16A11 suucaaes shall be constructed in a manner to Construct structures to Prior to final project City of Seal Beach,
exclude rats from gaining "indoor aocess." exclude rodent access. design. Public Works Department
GUM Iar ngshallbe opa►andskuoadas"e " Landscaping to exclude Review and approval City of Seal Beach,
to exclude rats from nesting in enclosed thickets of rodent nesting. of landscape plans. Public Works Department
vegetation.
II. EIR Summary/Mitigation Monitoring Program
Bixby Old Ranch Towne Center EIR
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILFSPONE MONTTORLNG PARTY
H. ENERGY
-
H- 1.Development plans will be provided to the Forward project plans to Review and approval City of Seal Beach,
Southern California Gas Company and the utility providers. of building plans. Development Services
Southern Califomia Edison Company as they Department and involved
become available in order to facilitate engineering, - - utility providers
design and construction of improvements
necessary to provide electrical, natural gas, and
telephone services to the Bixby Old Ranch site.
H -2.The applicant will comply with guidelines Comply with SCG and Review and approval City of Seal Beach,
provided by the Southern California Gas Company SCE guidelines. of tract maps. Development Services
and the Southern Califomia Edison Company in Department and involved
regard to easement restriction, construction utility providers
guidelines, protection of line easements, and
potential amendments to rights-of -way in the areas
of any existing easements.
H- 3.Building energy conservation will be largely Comply with Energy Review and approval City of Seal Beach,
achieved by compliance with Title 20 and 24 of the Conservation Code for on- of building plans. Development Services
Energy Conservation Code. Title 24, California site structures. Department
Administrative Code Section 2- 5307(b) is the
Califomia Energy Conservation Standard for New
Buildings which prohibits the installation of
fixtures unless the manufacturer has certified to the
CEC compliance with the flow rate standards.
Title 24, California Administrative Code Section 2-
5452(i) and (j) address pipe insulation
requirements which can reduce the amount of
water used before hot water reaches equipment or
fixtures. Title 20, California Administrative Code
Sections 1604(0 and 1601(b) are Appliance
Efficiency Standards.
H-4.In order to conserve energy devoted to space Utilize active and passive Review and approval City of Seal Beach,
heating and air conditioning, active and passive solar energy techniques. of building and Development Services
solar techniques will be encouraged whenever improvements plans. Department
possible within the project. Active solar systems
include the use of solar space and hot water heating
for buildings, swimming pools, etc. Passive
systems involve orienting buildings properly,
planting trees to take advantage of the sun,
providing adequate roof overhangs, making sure
that walls are properly insulated, and installing
simple heat storage systems.
H- 5.F7ectric vehicle charging facilities shall be provided for Provide electric vehicle Review and approval City of Seal Beach,
amaiimtan oftwv�ehicksandamardmuanof four charging facilities. of building and Development Services
vehicles. mm improvements plans. Department
I. HAZARDS
No Mitigation Measures proposed N/A N/A N/A
J. NOISE
J-1. Construction in areas within 500 feet ofresidential Limiting hours of project During project grading City of Seal Beach,
development shall be limited to the hours of700AMto grading and construction. and construction. Engineering Department
8.'00 PM on Monday through Saturday. Construction
activities shall not be permitted in these areas on Sundays or
Federal holidays. Use ofheavygia'mgequipmmt (sail as
impact hammers and pile drivers) shall be ranked to the
hours of8 :00AMto 5:00 PM on Monday through Friday.
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPFCQICACTION MI FSCONE MONITORI iG PARTY
3-2. All noise sensitive land uses shall be sound attenuated Provision of required Prior to the approval of City of Seal Beach,
again presix and pojected noise, hich shall be the &an sound attenuation for noise tract maps or the Development Services
ofall noise intpacting the project, so as not to exceed an sensitive land uses. issuance of grading Department and
anterior noise standard of65dB CIv'II.in outdoor living permits. Prior to the Engineering Department
airs. (e.g, for senior assisted living units) and an interior issuance of building
standard of 45 dB CNEL in all habitable rooms Evidence permits.
prepared under the supervision ofa Cotmtycatified
acoustical consultant that
these standards will be satisfied in a manner oonsista twith
applicable zoning regulations shall be submitted as follows
A. Prior to the recordation ofa final tract/parcel map or
prior to the issuance of Grading Permits, at the sole
discretion of the City, an Acoustical Analysis Report shall
be submitted to the Director ofDetelopmant Services, for
approval. The ripen shall desaibe in detail the exterior
noise envumrnent and preliminary mitigation measures.
Acoustical design features to achieve interior noise
standards maybe included in the report in whine case it
may also satisfy'B" below.
B. Prior to the issuance ofar y buidmgparnits, an
acoustical analysis repot describing the acoustical design
features ofthe situcnres required to satisfy the extaiar and
interior noise standards shall be submitted to the Director
ofDevelopmentServics for approval alongwith
sat o y evidence With indicates thatthe sound
attenuation measaes specified in the approved aoousti®1
report (s) have been incorporated into the design of the
Project-
C Prior to the issuance ofany building perm, all
freesmnd'mg acoustics'' bamers mint be shown on the
projects plan illustrating height, location and consntrctien
in a manner meeting the approval ofthe Director of
Development Services
D. Prior to the issuance ofany Certificates ofUseand
Occupancy, field testing maocadarxe with T e25
regulations shall be required by the Director of
Development Se vices to verify compliance with ail
applicable design standards
E. the project appficarrt shall reimburse the Oty forthe
cogs ofan independent, thudpartypeerreviewofthis
evidence.
3 -3. All structures shall be sound attenuated against the Provision of sound Prior to the issuance of City of Seal Beach,
combined impact ofall present and projected noise from
exterior noise sources to meet the interior noise ait ria as set attenuation for all non- building permits. Development Services
forth below: residential structures. Department and
a) commercial - 50CNEL Engineering Department
b) hotel — 45CNEL
c) senior assisted living and
d) residential -45 CNa.
N'at withstardng any land use characterizations, all
sensitive land uses (including the senior assisted living
Alzheimer's care/skilled nursing facility and residential
uats) shall be sound attenuated against presort arid
projected noise levels, which shall be the star ofall noise •
rtupectingthe project, so as not to exceed an exterior noise
standard of65 CNEL in outdoor living areas and an interior
standard of45 CNEL in all habitable room.. Prieto the
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MITIGATION RESPONSIBLE
MIIGATIONMEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
issuance ofany building permits, evidence prepared under
the supervision of a Canty - certified acoustical conwhant
that these standards will be satisfied in a manner oondstatt
with applicable zoning regulations shall be submitted to the
Dueaor ofDevelopme t Saviors in the foram ofan
Acoustical Analysis Report describing in detail the exterior
noise environment and the acoustical design features
required to achieve the interior noise standard and which
inch: ate that the sound attenuation measures specified have
been incorporated into the design of the project
Prior to the issuance ofany Catifcates ofUse and
Occupancy, field testing in accordance with City policies
shall be required by the Di eaor of Development Services
to verify compliance with all applicable design standards
J- 4.Riortothe issuance ofbmnldmgpamits , the applrBd Provision of written noise Prior issuance of City of Seal Beach,
shall agree by ocavfing an a with the lareetorof disclosure to prospective building permits. Development Services
Development Semi= requiring that the applicant will buyers, renters, or lessees. Department
provide to each prospective buyer, renter, or lessee of noise
sensitive land rues (e.g, senior assisted care units and
residential uses) a when &cloaae that certain buildings or
units (without windows and doors closed) and outdoor
areas could be subject to noise levels above State and City
standards or policies for noise sensitive land uses and are
subject to oocassionaL overflight. Such notification shall be
included in all initial escrow documents as well as all
subsequent sales or lease doarnents. Such notification shall •
be in language approved by the Director of Development
Services and shall Ix formalized in written Covenants,
Condition and Restrictions (CC&R's) recorded on the tide
ofeach noise sensitive land use building site. In addition,
each advertisement, solicitation and sales brochure or other
literanre regarding noise sensitive land uses shall contain
the approved notification language Notification shall also
stipulate that in the event the Los AlamitosAFRC is
activated for use as a Disaster Support Area, noise levels
could significarsdy increase fa an unknown period of time
due to increcees in airfield operations. The agreement shall
also provide that pior to the close of escrow with initial
buyers, the written disclosure mast be acknowledged and
signed by all initial buyers, their signature notarized and
deposited in escrow with hstructians to the escowholder to
deliver the awaited iced duclosre font to the Ctty Clerk within
three working days after the close of escrow.
K. PUBLIC SERVICES
K- 1.Prior to final approval of a vested tentative Enter into Development Prior to tract map City of Seal Beach, City
tract/ parcel map the project applicant shall enter Agreement with City. approval. Council
into a Development Agreement with the City of
Seal Beach. Said agreement shall establish, if
required, any payment of the project's fair -share
contribution to offset project impacts on public
facilities and services including the need for
additional law enforcement and fire protection
facilities and staffing.
K -2.The City of Seal Beach, Community Review all project plans. Review and approval City of Seal Beach,
Development and Police Departments shall review of building plans. Development Services
and approve all detailed project plans, Department and Police
improvement plans, and architectural elevations in Department
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
relation to the following issues: adequate street
and security lighting, clearly marked streets and
building identification, adequate internal
circulation and surveillance for patrol officers, and
provision of alarm systems.
K -3All new structures shall provide roofing Utilize proper roofing Review and approval City of Seal Beach,
materials of a Class B roofing assembly or better. materials. of building plans. Development Services
Department and Orange
County Fire Authority
K -4.AII new structures shall install automatic fire Install automatic fire Review and approval City of Seal Beach,
sprinkler systems that meet National Fire sprinkler system. of building and Development Services
Protection Association Standards, in accordance improvement plans. Department and Orange
with the provisions of the Code of the City of Seal
County Fire Authority
Beach.
K -5AlI water mains and hydrants shall provide Provide adequate fire Review and approval City of Seal Beach,
required fire flows in accordance with flows. of improvement plans. Development Services
requirements of the Orange County Fire Authority. Co
unty Fire Authority
K -6Al1 structures shall be constructed pursuant to Comply with Uniform Review and approval City of Seal Beach,
Uniform Building Code requirements relative to Building Code of building and Development Services
fire protection. requirements. improvement plans. Department
K- 7.The project proponent will pay the statutory school fee, Pay school fees. Prior to recordation of City of Seal Beach,
as applicable to the project, to the Los Alamitos Unified final tract/parcel maps. Development Services
School District Currertcapital fanlity rates allowed for the Department and the Los
mitigation of school impacts in the State are set at 51.72 per Alamitos Unified School
square foot of assessable space far residential co :Mu:tics) District.
and $028 per square foot for torten ercialfmdustrial projects.
L UTILITIES / SERVICE SYSTEMS
L -1. All water lines and related facilities shall be Install water lines per City Review and approval City of Seal Beach,
designed and installed pursuant to the requirements requirements. of improvement plans. Engineering Department
of the City of Seal Beach. Detailed improvement
plans shall be prepared and submitted to the City of
•
Seal Beach, Engineering Department for review
and approval prior to project construction.
•
L-2. The project applicant shall be required to pay Pay for fair -share costs of Prior to the issuance of City of Seal Beach,
their "fair -share" cost for improvement of any off- off -site water facilities. building permits. Engineering Department
site water facilities necessary to serve the proposed
project.
L- 3.Automatic sprinkler systems, soil sensors or Install automatic sprinkler Review and approval City of Seal Beach,
other best available technology shall be utilized in systems, soil sensors or of improvement plans. Development Services
the irrigation of the reconfigured golf course and other technology. Department
other landscaped areas.
L-4. Mulch and other soil covers shall be utilized in Utilize mulch and soil Review and approval City of Seal Beach,
all landscaped areas in order to reduce irrigation covers. of landscape plans. Development Services
demands and increase the water - holding capacity Department
of the soil.
L -5. The proposed project shall comply with local Comply with local and Review and approval City of Seal Beach,
and State laws requiring water efficient plumbing State laws to minimize of building and Development Services
fixtures in order to minimize water consumption. water consumption. improvement plans. Department
These laws mandate the use of low volume flush
toilets in all buildings; establish efficiency
standards that set the maximum flow rates for
showerheads, faucets, etc.; prohibit the use of non-
conforming or substandard plumbing fixtures; and
establish pipe insulation requirements to reduce the
amount of water used before hot water reaches the
II. EIR Summary/Mitigation Monitoring Program
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MIIFSPONE MONITORING PARTY
fixture.
L -6.If available, reclaimed water shall be utilized Utilize reclaimed water on Review and approval City of Seal Beach,
to irrigate the reconfigured golf course and golf course and of improvement plans. Development Services
landscaped areas. The on -site water distribution landscaping if available. Department
system shall be initially designed and constructed
in a manner to provide separate reclaimed water
lines for landscape irrigation areas. The proposed
project shall comply with all City of Seal Beach
and Regional Water Quality Control Board
Requirements for the installation and operation of
this reclaimed water system.
L -7. All sewer and reclaimed water lines and any Design sewer and Review and approval City of Seal Beach,
related facilities shall be designed and installed reclaimed water lines per of improvement plans. Engineering Department
pursuant to the requirements of the City of Seal City and County and the County Sanitation
Beach and the County Sanitation District of Orange requirements. District of Orange County
County. Detailed improvement plans shall be
prepared and submitted to the City of Seal Beach
and the County Sanitation District of Orange
County for review and approval prior to project
construction.
L -8. The project applicant shall be required to pay Pay for fair -share costs of Prior to tract map City of Seal Beach,
their fair share cost of any off -site wastewater off -site wastewater approval. Engineering Department
transmission or treatment facilities as well as transmission or treatment
required sewer connection fees to the City of Seal facilities.
Beach.
Include solid waste Review and approval City of Seal Beach,
L-9. Concurrent with approval of site plans for
proposed commercial, hotel, restaurant, seniors enclosures in project plans. of building plans. Development Services
care and residential uses, detailed plans shall be Department
submitted delineating the number, location, and
general design of solid waste enclosures and
storage areas for recycled material.
L- 10.The project developer shall adhere to all Adhere to all source Review and approval City of Seal Beach,
source reduction programs for the disposal of reduction programs for of building plans. Development Services
construction materials and solid waste required by construction waste. Department
the City of Seal Beach.
L-11 .A facility shall be provided adjacent to or Provide green waste Review and approval City of Seal Beach,
within the reconfigured golf course for the collection facility. of building plans. Development Services
collection of green waste from the golf course and Department
other on -site landscaped areas. Collected green
waste shall either be composted and used on -site or
be made available to the City for collection.
L-12.P iaoo issuance ofa building permit, the inject Provision of a Master Prior to issuance of City of Seal Beach,
proponatshall plete a Master Water Study fir Water Study. building permits. Public Works Department
submittal to the Seal Beach Public Works Department The
study should assess available water resources and
improvements to the water system required to serve the
proposed project and meet fire flow den>ands. The specific
contacts of the study should be dete mced in 000rdirratiea
with the Public Works Department. The project applicant
shall reimbrese the Cry for the costs of an independent third
party peer review ofth is study.
L- 13.Based on the recommendanor>scontained in the Payment of water facilities Prior to issuance of City of Seal Beach,
Master Water the shall faa fees. building permits. Public Works Department
��y, project l t pay a
share of the cost required to offset project impacts on off-site
war rsyst ms
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•
• •
• MITIGATION RESPONSIBLE
MITIGATION SPECIFIC ACTION MILESTONE MONITORING PARTY
L- 14.Monmoratg ofiendfills is outside the jurisdiction of Monitoring of landfills by Prior to issuance of City of Seal Beach,
the City of Seal Beach hk+nitaingof the ladfillsonthe AFRC. building permits. Public Works Department
Los Alamitos AFRC by the AFRC should be conducted to
detemine the potential fa subsurface methane gas at these
locations ff significant amounts (five percent ofvohmu)of
methane gas are found in these monitoring samples,
mitigation amities by the AFRC should include the
necessary passive venting systenss,bcnld'ueg linos or other
methods to prevent those gases from impacting figure
project development on private properties adjacent to the
AFRC.
M. AESTHETICS
M- 1.Prior to issuance of building permits for any Include openspaceareas, Review and approval City of Seal Beach,
proposed commercial, hotel, restaurant, senior care paimeterlandscaping of building and Development Services
facility, or residential uses, the project proponent automated iaigationsystems, landscape plans. Department
shall submit project plans ( including landscape compatible bulling materials
plans and illustrative elevations) to the Director of and sizes, and sneeningof
Development Services for approval. Said plans equipment and service areas in
shall reflect the following: projectplans
• All open areas not used for buildings,
including but not limited to: parking Lots, service
areas, walls, walkways, and courtyards shall be
attractively landscaped in accordance with
landscape plans prepared by a licensed landscape
architect.
• Concentrated perimeter landscaping shall be
installed along Seal Beach Boulevard, Lampson
Avenue and the 405 Freeway northbound off-
ramp in order to maintain and enhance views
from along these roadways.
• A fully automated irrigation system shall be
included in the landscape plans for the project
and all landscaped areas should be maintained in
good condition throughout the life of the project.
• All buildings and landscaping proposed for the
site shall present a cohesive image with attention
to compatible materials, building proportion,
signage, and architectural styles.
• All proposed signage and identification used
for buildings, parking lots, access roadways, etc.
shall comply with the sign ordinance of the City
of Seal Beach.
• To the degree feasible, the bulk of buildings
shall be minimized through articulation of the
building mass with offsets, stepped terraces,
changes in plane, and other such methods in order
to reduce the visual impact of the project as
viewed from Seal Beach Boulevard, Lampson
Avenue, Rossmoor Highlands and the 405
Freeway.
• Rooftop equipment shall be screened from all
off -site vantage points and mechanical equipment
shall be contained within rooftop enclosures.
Rooftop screening materials shall be
complimentary in material and color to the •
building's exterior. Rooftop structures, unless an
integral part of the building's design, shall not
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
exceed the maximum allowed parapet elevation.
• Service areas shall be screened from off -site
view and trash containers shall be enclosed using
materials complimentary to the commercial
buildings.
M- 2.Prior to submittal of final project plans, a Provide photomontage of Review and approval City of Seal Beach,
photomontage showing illustrative project buildings. of building plans. Development Services
elevations in their proposed setting shall be Department
prepared by the project proponent and submitted to
the City Development Services Department to
illustrate how views from the Seal Beach
Boulevard, the 405 Freeway northbound off -ramp,
Lampson Avenue, the Rossmoor Highlands in Los
Alamitos and the Bixby Office Park would be
altered by the proposed project. The photomontage
shall demonstrate compliance with Mitigation
Measure M -1 above.
M- 3.Prior to approval of final project plans, a Provide landscape plans Review and approval City of Seal Beach,
landscape plan for common areas of the project site for common area of landscape plans. Development Services
including street trees, shall be prepared by a Department and Public
licensed landscape architect and submitted to the Works Department
Director of Development Services, and the City
Street Tree Division of the Parks & Recreation
Department for approval after review and comment
by the City Tree Preservation Committee. This
plan shall include a 40 -foot landscaped setback
along the Seal Beach Boulevard frontage
containing the existing eucalyptus tree row.
M-4.An inventory and relocation plan for existing Provide tree inventory and Review and approval City of Seal Beach,
trees on -site shall be submitted to the Development relocation plan. of landscape plans. Development Services
Services Department for approval prior to issuance
of building permits. Where trees cannot be Department and Public
Works
relocated, the City shall require the replacement of Wor Department
mature trees pursuant to the following ratios: a)
eucalyptus: 4 to 1 using 24 -inch box trees and b)
non - eucalyptus: 2 to 1 using 36 -inch box
specimens.
M-5.A Eucalyptus Windrow Preservation Plan Provide Eucalyptus Review and approval City of Seal Beach,
shall be prepared by a licensed arborist or a Windrow Preservation of landscape plans. Development Services
landscape architect and submitted to the Plan Department and Public
Department of Development Services and the
Works Department
Street Tree Division of the Public Works
Department for review and approval prior to or
concurrent with tentative parcel/tract maps or
grading permits. Said plan shall include a long-
term maintenance and financing component which
shall be included in the Development Agreement to
be executed between the project proponent and the
City of Seal Beach.
Tree Secure Eucalyptus Tree Review and approval City of Seal Beach,
M-6.A Eucalyptus Tree Removal Permit shall be
M-6obtained Eucalyptus
the project R epo Removal Permit it required be Removal Permit as of landscape plans. Development Services
A
the proposed removal of on -site eucalyptus trees required. Department
with a trunk diameter greater than 12 inches prior
to or concurrent with tentative parcel/tract maps or
grading permits.
M -7.The ten foot landscaped berm along Lampson Provide ten foot Review and approval City of Seal Beach,
landscaped berm along of landscape plans. Development Services
Avenue adjacent to the proposed driving range
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION MILESTONE MONITORING PARTY
shall be as steep and as close to Lampson Avenue Lampson Avenue. Department
as possible to shield views from this roadway.
Plans shall be approved by the City Engineer as
part of the approval of golf course grading plans.
M -8.The area vacated by the existing driving range Provide landscaped buffer Review and approval City of Seal Beach,
which fronts on Lampson Avenue shall have a at former driving range of landscape plans. Development Services
landscaped buffer planted and maintained along location. Department
the project -side of the roadway edge. This shall be
completed prior to final inspection of the relocated
public/private driving range.
M-9.A landscaped buffer of no less than ten (10) Provide landscaped buffer Review and approval City of Seal Beach,
feet shall be provided along the northern perimeter along northern and eastern of landscape plans. Development Services
of Development Area D (the proposed residential project perimeter. Department
site) and the eastem perimeter of Development
Areas A (Old Ranch Towne Center) and D to
ensure privacy and screen views to and from the
adjacent residential neighborhood in Los Alamitos.
This shall be completed prior to the final inspection
of any building within these development areas.
M- 10.Prior to issuance of a building pennit, a Provide lighting plan. Review and approval City of Seal Beach,
lighting plan for the project site specifying the of building plans. Development Services
location and type of all exterior light sources, Department
including street lights, parking lot and driving
range lights, shall be prepared and submitted to the
Department of Development Services for approval.
M- 11.Street, parking lot, and other common area Provision of proper Review and approval City of Seal Beach,
lighting shall use low or high - pressure sodium lighting. of building plans. Development Services
units, metal halide, clean lucalox or other efficient Department
lighting technology. The project proponent shall
reimburse the City for the costs of an independent
third party review of lighting plans.
M -12A11 outdoor lighting should be shielded, Shield all outdoor lighting. Review and approval City of Seal Beach,
directed downward, and have sharp cut -off of building plans. Development Services
qualities at property lines, in order to minimize Department
light and glare spillover effects.
M -13.The landscape plan for the project shall Concentrate landscaping Review and approval City of Seal Beach,
concentrate landscaping along the periphery of the on periphery of project of landscape plans. Development Services
site and in other areas to minimize impacts on Department
•
adjacent uses from automobile headlights and other
light sources.
M- 14.Commercial buildings as well as the Utilize minimally Review and approval City of Seal Beach,
proposed hotel, restaurant, and senior care reflective or tinted glass. of building plans. Development Services
structures shall use minimally reflective or tinted Department
glass and all materials should be selected with
attention to minimizing glare impacts to off -site
areas, particularly the AFRC, the 405 Freeway,
Seal Beach Boulevard, Lampson Avenue, and
adjacent residential uses.
M- 15.Paved areas should be tenured, and large expanses of Use of textured paved Review and approval City of Seal Beach,
concrete or high gloss tile should be avoided. areas. of building plans. Development Services
Department
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACITON MILESTONE MONITORING PARTY
M- 1 6. Interiorparidng lot landscaping shall cover noless Provision of parking lot Review and approval City of Seal Beach,
than 5 %ofthe parking lot areas on-site. landscaping of building plans. Development Services
Department
N. CULTURAL RESOURCES
N-1 .A Phase I archaeological survey shall be Conduct Phase I Prior to the issuance of City of Seal Beach,
undertaken by an archaeologist and Native archaeology survey. grading permits. Development Services
American monitor appointed by the City of Seal Department
Beach City Council prior to any earth moving
operations. The Archaeological Advisory
Committee shall review and provide comments and
recommendations to the City Council regarding the
proposed scope of field investigation to be
completed for the Phase I survey. Such scope of
work shall contain at a minimum the following: a
description of the walk -over field survey
methodology, including transect field spacing for
the walk -over; a description of the subsurface field
sampling plan to be utilized, consisting of test
borings and minimum 1x1 meter test pits; and a
description of additional field investigations if
cultural resources are identified in the Phase 1
Investigation.
N- 2.Earth removal or disturbance activities related Utilize archaeologist and During project City of Seal Beach,
to rough grading and other excavation for Native American monitor grading. Development Services
foundations and utilities that extend below five feet during project grading. Department
of the pre - grading surface elevation. If any earth
removal or disturbance activities result in the
discovery of cultural resources, the project
proponent's contractors shall cease all earth
removal or disturbance activities immediately and
notify the City selected archaeologist and/or Native
American Monitor, who shall immediately notify
the Director of Development Services. The City
selected archaeologist will have the power to
temporarily halt or divert the excavation equipment
in order to evaluate any potential cultural material.
The City selected archaeologist shall evaluate all
potentialcultural findings in accordance with
standard practice, the requirements of the City of
Seal Beach Archaeological and Historical Element,
and other applicable regulations. Consultation
with the Native American Heritage Commission
and data/artifact recovery, if deemed appropriate,
shall be conducted.
N -3.If potentially significant cultural resources are Conduct a test phase study During project grading City of Seal Beach,
encountered during earth removal or disturbance if potentially significant and construction. Development Services
activities, a "Test Phase ", as described in the cultural resources are Department
Archaeological and Historical Element of the City encountered.
General Plan is required and shall be performed by
the City selected archaeologist, and if potentially
significant cultural resources are discovered, a
"Research Design document" must be prepared by
•
the City selected archaeologist in accordance with
the provisions of the Archaeological and Historical
Element of the General Plan. The results of the test
phase investigation must be presented to the
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MITIGATION RESPONSIBLE
MITIGATION MEASURES SPECIFIC ACTION M LESIONS MONITORING PARTY
Archaeological Advisory Committee for review
and recommendation to the City Council for
review and approval prior to continuation of earth
removal or disturbance activities in the impacted
area of the proposed project.
N- 4.Project- related earth removal or disturbance Conduct a test phase study Prior to the issuance of City of Seal Beach,
activity is not authorized until such time as the if potentially significant grading permits. Development Services
"Test Phase" research is completed and accepted cultural resources are Department
by the City Council and until a written encountered.
"Authorization to Continue Earth Removal -
Disturbance Activity" is issued by the Director of
Development Services to applicant for the
impacted area of the proposed project.
N- 5.During all "test phase" investigation activities Utilize archaeologist and Prior to the issuance of City of Seal Beach,
occurring on site, the City selected archaeologist Native American monitor grading permits. Development Services
and the Native American monitor shall be present during test phase study. Department
to conduct and observe, respectively, such "test
phase" investigation activities.
N- 6.Should any human bone be encountered Cease grading and contact During project grading City of Seal Beach,
during any earth removal or disturbance activities, archaeologist / monitor if and construction. Development Services
all activity shall cease immediately and the City human bones are Department
selected archaeologist and Native American encountered
monitor shall be immediately contacted, who shall
then immediately notify the Director of
Development Services. The Director of the
Department of Development Services shall contact
the Coroner pursuant to Section 5097.98 and
5097.99 of the Public Resources Code
relative to Native American remains. Should the
Coroner determine the human remains to be Native
American, the Native American Heritage
Commission shall be contacted pursuant to Public
Resources Code Section 5097.98.
N -7.If evidence of subsurface paleontologic Cease construction in areas During project grading City of Seal Beach,
resources is found during construction, excavation where subsurface and construction. Development Services
and other construction activity in that area shall paleontological resources Department
cease and the contractor shall contact the City are encountered.
Development Services Department. With direction
from the City, a Orange County Certified
Paleontologist shall prepare and complete a
standard Paleontologic Resource Mitigation
Program.
0. RECREATION
0- 1.Prior to final approval of a vested tentative Enter into Development Prior to tract map City of Seal Beach,
tract map, the project applicant shall enter into a Agreement with City. approval. Development Services
Development Agreement with the City of Seal Department and
Beach which shall specify that the project Recreation Department
proponent will: a) offer for dedication to the
City of Seal Beach the 6.74 acre Bixby Old Ranch
Tennis Club facility for public recreation purposes;
b) provide an on -site John use public/private
driving range; and c) provide a 2.5 acre improved
park facility adjacent to the residential component -
of the Project.
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f • ' • •
Bixby Towne Center Mitigation Monitoring Program
Sample Compliance Verification Form
Impact Issue (e.g., aesthetics, air quality): Mitigation Measure #:
Location: Onsite Offsite Administrative
Project Phase: Design Grading/Construction Operation
Description of Activity/Method of Implementation:
Disposition Mitigation measure for the above -noted project phase has been
implemented. No future action is required.
Mitigation measure for the above -noted project phase is not fully
implemented. Further action is required. (Please explain below).
The mitigation measure for the above -noted project phase is not in
compliance. Further action is required. (Please explain below).
Comments/Revisions:
Completed by: Name: Approved by: Name:
Title: Title:
Date: Date:
Mitrgation Monitoring Services Agreement
City of Seal Beach and Culbertson, Adams & Associates, Inc.
Bixby Old Ranch Towne Center EIR
January, 1999
PART V
BUDGET
(On a time and materials basis, per attached proposal dated December 3, 1998)
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Mitigation Monitoring Services Agreement.CA&A • 16
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CULBERTSON, ADAMS & ASSOCIATES
PLANNING CONSULTANTS
GENERAL PROVISIONS AND
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
Standard Billing Rates Effective January 1, 1999
Billing rates are subject to revision effective January 1 of each year
Classification Hourly Rates
Partner $190.00
Firm Principal 150.00
Principal Planner 135.00
Senior Planner 100.00
Project Manager 90.00
Engineering Coordinator 80.00
Graphics Technician 60.00
Associate Planner 50.00
Assistant Planner 45.00
Clerical 35.00
GENERAL CONDITIONS
1. Reimbursable expenses (travel accommodations including rental vehicles and regularly
scheduled commercial airline flights, food and lodging, blueprinting and reproduction,
delivery /courier, supplies, extensive mailing postage, etc.) are billed at cost plus 10%
and are in addition to the estimated fee for the project.
2. Automobile mileage outside Orange County will be billed at $0.31 per mile.
3. Hourly rates apply to work time as well as travel time and waiting time which occur at
public hearings, depositions or court testimony.
4. Statements will be submitted monthly for work in progress or upon completion of work.
Statements are payable upon receipt. Any statement unpaid after thirty (30) days shall
be subject to the maximum monthly interest charge provided by law on amounts thirty
(30) days past due. If Client fails to pay Consultant within sixty (60) days after invoice
is rendered, client agrees Consultant shall have the right to consider such default in
payment a material breach of the entire agreement, and, upon written notice, the duties,
obligations, and responsibilities of Consultant under this agreement are terminated.
(Continued next page)
85 Argonaut, Suite 220, Aliso Viejo, California 92656 -4105 • (949) 581 -2888 • Fax (949) 581 -3599
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GENERAL PROVISIONS AND
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
(Continued)
5. Client hereby agrees that the balance in a billing statement is correct and binding unless
the Client notifies the Consultant in writing within ten (10) days of the date of billing and
informs consultant of alleged incorrect item; provided however, the foregoing shall apply
only to the description of work performed as set forth in the billing statement and if after
such ten (10) day period Client discovers a mathematical error in the billing statement,
Client shall not be bound by the erroneous balance which Consultant hereby agrees to
correct.
6. Consultant makes no warranty as to his findings, except that the work is performed using
generally accepted methods.
7. Consultant makes no warranty that the project will be approved by any governmental
agency, nor endorsed by any citizens group.
8. The Client agrees to limit the Consultant's liability to the Client and to all Contractors
and Subcontractors on the project due to Consultant's material, willful and grossly
negligent acts, errors, or omissions, to the sum of $50,000 or to the Consultant's fee,
whichever is less.
9. In the event either party commences legal action to enforce this Agreement of the
General Conditions, the prevailing party shall be entitled to recover its reasonable
attorney's fees and costs incurred in the action, in addition to all other relief to which the
prevailing party is entitled.
10. In the event of a mid -phase contract suspension, billings will be prorated to reflect tasks
in progress, except where a task was completed early, in which case it will be billed as
if the task were complete.
11. Client agrees and concurs that Consultant is obligated to only Client to perform and /or
receive direction or instructions on the project, and that Consultant is not obligated to
perform and /or take direction or instructions from Client's other Consultants or Sub -
consultants without prior written notification and concurrence by Consultant.