HomeMy WebLinkAboutAGMT - Panattoni Development (Reimbursement of Costs to Prep Evironmental Analysis) .t 1
AGREEMENT FOR REIMBURSEMENT OF CITY
COSTS TO PREPARE ENVIRONMENTAL ANALYSIS
AND NECESSARY DISCRETIONARY ACTION STAFF REPORTS
FOR
THE PANATTONI DEVELOPMENT PROJECT
THIS AGREEMENT is made this / / day of 2005, by
and between the City of Seal Beach (hereinafter "CITY ") and P atto • Development, Inc.
(hereinafter "OWNER ").
RECITALS
A. OWNER owns approximately 4.47 acres of property within the Boeing Integrated
Defense Systems Specific Plan area, identified as Planning Area 4, between Westminster Avenue
and Seal Beach Boulevard (the "Property"). OWNER proposes to construct a 110 -room hotel,
7,800 square feet of retail shops and 11,473 square feet of fast food/in -line food uses (the
"Project ").
B. The Parties agree that the Project Application shall receive an Environmental
Analysis pursuant to the California Environmental Quality Act ( "CEQA," Public Resources Code
Sec. 21000, et seq. ).
C. OWNER will reimburse CITY in full for all costs and expenses actually incurred by
CITY in the preparation of the Environmental Analysis and for all necessary discretionary action
staff reports and appropriate accompanying ordinances, resolutions, etc., for the Project in the
manner provided for herein. In doing so, OWNER does not waive any rights or claims regarding
excess payments or charges to which OWNER may be subjected as a result of CITY's payment of
such costs. OWNER further agrees that in the manner provided for herein it will reimburse CITY
in full for all costs and expenses actually incurred by CITY in the processing of the Project
Application.
D. OWNER also acknowledges that work on the Project Application, or Environmental
Analysis shall be immediately suspended if at any time OWNER's payment is delinquent, or if
OWNER notifies CITY of the abandonment of the Project Application as provided for herein.
E. It is not the 'intent of this Agreement to have OWNER pay to CITY any amounts in
excess of those costs actually incurred by CITY for work actually performed pursuant to the
Environmental Analysis for the Project Application.
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Z:\My Documents\Panattoni Development Project\Reimb Agrmnt.06- 15- 05.doc\LW\06 -15 -05
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd. Retail Center Project
June 15, 2005
COVENANTS
1. City's Scope of Work for Project
CITY shall prepare the necessary Environmental Analyses pursuant to CEQA. The
Environmental Analysis is necessary to allow the CITY and other responsible agencies to evaluate
the Project Application in accordance with the provisions of the Code of the City of Seal Beach,
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CEQA, and the Government Code of the State of California, and other appropriate State and
Federal laws and regulations. CITY shall also prepare are necessary and appropriate Staff Reports,
Ordinances, Resolutions and other project consideration documents as may be necessary to allow
the proposed project to be considered by the appropriate reviewing and approval bodies of the
CITY including but not limited to the City Council, Planning Commission, Environmental Quality
Control Board and the Archaeological Advisory Committee.
2. Reimbursement
A. OWNER agrees to reimburse CITY in full for all documented costs and
expenses actually incurred by CITY personnel (full -time and part-time positions) in processing the
Project Application (including, without limitation, legal fees and expenses charged CITY by its
City Attorney at the hourly rates City Attorney charges City for preparation and review of
documents related to development proposals). (the "Reimbursable Staff Costs "). The City
Attorney's current rates for 2005 are set forth in Exhibit `B ". These rates may be adjusted in 2006
and the City will provide such updated information when informed of said adjustment by City
Attorney.
B. OWNER agrees to reimburse CITY according to the following schedule:
(1) REIMBURSEMENT FOR STAFF COSTS. Upon the later of
execution of this Agreement or the submission of the Project Application, OWNER shall deposit
with CITY the sum of Ten Thousand Dollars ($10,000) (the "CITY Deposit Amount "), which
CITY shall place in an interest bearing account (the "CITY Deposit Account "). CITY shall deduct
from such CITY Deposit Amount, until the CITY Deposit Amount is exhausted, the documented
Reimbursable Staff Costs. All interest earned on the CITY Deposit Amount, if any, shall accrue
to the benefit of, and be used for, completion of the scopes of services attached hereto as Exhibit
"A." CITY may, in lieu of deposit of the CITY Deposit Amount into a separate bank account,
separately account for such deposit in one or more of its various bank accounts, and upon doing
so, shall proportionately distribute to the account(s) into which the CITY Deposit Amount
resides, the average interest earned during the period on the CITY Deposit Amount. CITY shall
monthly send to OWNER an accounting of amounts and reasons the CITY Deposit Amount has
been used over the preceding month, including a description of who worked on the project, for
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Panattoni Development Reimbursement Agreerrient with
City of Seal Beach re: Seal Beach Blvd. Retail Center Project
June 15, 2005
how long, and their hourly rate, and an accounting of the interest earned and the accounts into
which the earned interest has been deposited.
(2) SUBMISSION OF DOCUMENTATION. All invoices submitted
by CITY to OWNER, and by the Consultant to CITY, shall include: reasonably detailed
descriptions of the work performed and by whom; those persons hourly rates, the amount of time
spent on each individual task of the work performed; applicable overhead rates, and a copy of the
paid receipt for any claimed reimbursable expense for the billing period.
(3) REPLENISHMENT OF CITY DEPOSIT ACCOUNT. On or
before the fifteenth day of any month, CITY shall submit to OWNER a statement of expenses and
reconciliation of CITY Deposit Account for the preceding month's costs of reimbursable services
and expenses. CITY may carry over to the next month's invoice any charges not billed in a
particular month. OWNER shall replenish the deposit account throughout the Project Application
when a minimum balance of $2,500.00 is reached in the CITY Deposit Account ( "Supplemental
Deposit "). OWNER shall replenish the CITY Deposit Account by an amount determined by the
Director of Development Services to cover the anticipated billings for Reimbursable Staff Costs for
a period not to exceed the ensuing sixty (60) days. Such Supplemental Deposit shall be made
within twenty (20) days of receipt of the written request for Supplemental Deposit. Any request for
a Supplemental Deposit shall include an explanation of the work completed to date and the
anticipated cost of the work remaining to be performed. OWNER agrees that CITY's work on the
Project Application, or Environmental Analysis shall be immediately suspended if at any time
OWNER fails to make a Supplemental Deposit in the time periods provided for in this Agreement.
Any Supplemental Deposit amount shall be governed by the same
terms of trust governing the original deposit. CITY shall remit to OWNER any balance remaining
in the CITY Deposit Account within thirty (30) days after the date on which: (i) Project
Application has been finally processed by CITY; or (ii) OWNER gives notice of abandonment of
the Project in accordance with this Agreement, whichever occurs first.
3. CITY determination to retain environmental consultants. In the event the
CITY - prepared environmental evaluation receives public comments during the required public
review and comment period that require additional professional expertise, in the opinion of the
Director of Development Services, City shall so notify Owner immediately. CITY shall provide a
scope of work, budget, and anticipated time schedule for OWNER to review and approve. If CITY
is not notified by OWNER of the intent to abandon the project, asset forth in Section 4 within 10
days, CITY shall proceed with the issuance of "Notice to Proceed" for said professional
environmental evaluation work, and the Reimbursement and replenishment provisions of Section
2.B above shall apply to said professional evaluation work.
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd. Retail Center Project
June 15, 2005
4. Abandonment of the Project. In the event OWNER notifies CITY's City Manager
in writing of its intent to abandon the Project, OWNER shall reimburse CITY for all services of the
CITY staff personnel (including CITY's City Attorney) who had performed prior to the notice of
abandonment.
5. interpretation. This Agreement is deemed to have been prepared by all of
the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the
drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to
applicable rules of interpretation of contracts under the law of the State of California.
6. Assignment. This Agreement shall not be assignable by OWNER in whole or in
part without the prior written consent of CITY, which written consent shall not be unreasonably
withheld. OWNER shall provide to CITY thirty (30) days advanced notice of any such assignment.
7. Notice. Any notice required to be given to OWNER shall be deemed duly given
upon delivery, if sent to OWNER and OWNER's legal representative, postage prepaid to:
Panattoni Development Company, LLC
Attn: Adon Panattoni
18111 Von Karman Avenue, Suite 500
Irvine, CA 92612
or personally delivered to OWNER at such address or other address specified to CITY in writing by
OWNER.
Any notice required to be given to CITY shall be deemed duly given upon delivery,
if sent to CITY postage prepaid to:
Director of Development Services
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
or personally delivered to CITY at such address or other address specified to OWNER in writing by
CITY.
8. Entire Agreement. This Agreement represents the entire integrated agreement
between CITY and OWNER, and supersedes all prior negotiations, representations or agreements,
either written or oral. This Agreement may be amended only by a written instrument signed by
both CITY and OWNER.
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
9. Litigation Costs. Should any dispute under this Agreement lead to litigation, the
prevailing party shall be entitled to recover from the other party actual attorneys' fees and costs for
the prosecution of the action.
10. Governing I aw. This Agreement shall 'be governed by, and interpreted
according to the laws of the State of California.
11. Authority. The persons signing this Agreement warrant that each of them has
the authority to execute this Agreement on behalf of the party on whose behalf said person is
purporting to execute this Agreement, and that this Agreement is a binding obligation of said
parties.
Signature Page Follows
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
EXECUTED in the day and year first above written.
"CITY" CITY OF SE • :EACH
By „___
JO b 1. BAHORSKI
CI • AGER .
ATTEST:
1////l-d4 11 Q 1 ( // 1- (421
CITY CL
APPROVED AS TO FORM
S
CITY ATTOR
' Panattoni Development Company, LLC
By
P intar
- 377)1 i/
Its: Partner
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
EXHIBIT "A"
SCOPE OF WORK
Proposed Project Overview:
OWNER owns approximately 4.47 acres of property within the Boeing Integrated Defense
Systems Specific Plan area, identified as Planning Area 4, between Westminster Avenue and
Seal Beach Boulevard (the "Property ").
OWNER proposes to construct a 110 -room hotel, 7,800 square feet of retail shops and 11,473
square feet of fast food/in -line food uses (the "Project ").
Proposed Environmental Evaluation Process:
The Project Application shall receive an Environmental Analysis pursuant to the California
Environmental Quality Act ( "CEQA," Public Resources Code Sec. 21000, et seq.).
CITY will prepare an Environmental Analysis for the Project in compliance with all requirements
of the California Environmental Quality Act, including all required notifications and other legal
notices. It is anticipated that a "Mitigated Negative Declaration" will be an adequate environmental
review document.
This section provides a detailed narrative of the proposed work effort City staff will complete to
provide CEQA compliance for the project.
1. Kick - Off Meeting
Upon execution of the reimbursement agreement for this project, City Staff will meet
with the project consultants to obtain a complete project description and finalize a project
schedule and approach for preparation of the Initial Study/Mitigated Negative Declaration
(IS/MND). At this meeting City staff will obtain copies of any remaining requested
materials and information listed later in this scope of work and gather any other
information available from the project consultants that will be useful in the preparation of
the IS/MND.
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
2. Preparation of Technical Studies & Alternatives / Agency Consultations
City staff will provide a thorough review of existing project documentation and identify
any additional information needed to make these studies complete. City staff will
conduct consultations with affected agencies including the California Coastal
Commission, the Army Corps of Engineers, the Regional Water Quality Control Board,
and the Orange County Flood Control District. Information gathered from these
consultations will be used for issue identification and analysis in the IS/MND document.
The extent of analysis requirements of the Coastal Commission and resource agencies can
sometimes be difficult to predict. If alternatives are requested by the Coastal Commission
or other resource agencies during the public comment period on the IS/MND, City staff
may identify the need for an augmented scope of work, including retention of private
consultant services.
3. Preparation of Draft Initial Study / Mitigated Negative Declaration
Once the executed reimbursement agreement has been received by the City, City staff will
begin preparation of the draft IS/NIND. City staff will utilize the certified EIR for the
Boeing Integrated Defense Systems Specific Plan for as much of the analysis as is
appropriate.
Based upon the City's experience preparing IS/MNDs for similar projects and review of
the proposed project, the following environmental issues are proposed to be addressed:
a. Introduction: This section will provide a brief description of the project and the
purpose of the Initial Study/Mitigated Negative Declaration. Key sections of the
Introduction are:
• Statutory Authority: This section will cite the sections of CEQA that
allow the preparation of an IS/MND and the applicable sections of CEQA with
which the Initial Study and Mitigated Negative Declaration must comply.
• Issues To Be Addressed: This section will list the issues to be addressed
in the Mitigated Negative Declaration based on the completion of the Initial Study
checklist.
• Organizations Affiliated with the Project: The City of Seal Beach, as
the Lead Agency, names, addresses, telephone numbers and contact persons will
be listed in this section.
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
b. Project Description: A complete and detailed project description will be
provided. The information for the project description will be provided by the
project consultants. Key sections of the Project Description are:
• Project Location and Boundaries: This section will provide a
description of the project area both narratively and graphically. A regional and
vicinity map will be provided, a USGS map as recommended by CEQA and a
current aerial photograph will depict the boundary of the proposed project site,
and indicate the current and proposed location of the project. These graphics are
to be provided by the project consultants.
• Environmental Setting: This section will describe the local setting of the
project site as well as the general surrounding area. Included in this description
will be a general overview of the City of Seal Beach, its population, geographic
location, and existing land uses in the project area.
• The Intended Use of the Mitigated Negative Declaration: This section
will list and describe in detail the intended use of the IS/MND.
c. Environmental Setting, Potential Project Impacts, and Mitigation Measures:
Each environmental discipline listed below will consist of an environmental
setting, potential project impact(s), and mitigation measures that serve to reduce
impacts to a less than significant level. Mitigation measures may consist of the
following:
• Project Design Features (PDFs), which are measures that are incorporated
into the design of the project to mitigate potential impacts;
• Standard Conditions of Approval (SCAs) which are requirements imposed
by the state, the county, or the City of Seal Beach to avoid or reduce
potential impacts; and
• Mitigation Measures, which are measures specifically crafted during the
CEQA process to avoid potential impacts or reduce them to less than
significant levels. The project impacts section will state threshold criteria
that will be used to evaluate significant environmental effects with
development of the project. City staff will develop threshold criteria for
each environmental discipline for incorporation into the IS/MND.
The following environmental disciplines are anticipated to be addressed in the
IS/MND for this project:
• Land Use: The setting section will describe the existing land use on the
site as well as the surrounding land uses. The IS/MND will evaluate the
consistency of the project with the existing General Plan and conformity
with zoning designations for the site. The project consultants will provide
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
surface level photographs of the existing land uses adjacent to and
surrounding the site. As the project is located in the Coastal Zone, the
IS/MND will provide a consistency analysis for policies contained within
Chapter 3 of the Coastal Act. City staff will consult early on with Coastal
Commission staff regarding issue identification and project compliance.
Although not part of this scope of work, the project will require a Coastal
Development Permit from the California Coastal Commission prior to
construction.
The IS/MND will include a detailed discussion of the compatibility of the
project with the adjacent existing and planned surrounding land uses. A
thorough discussion and evaluation of potential land use impacts that may
occur with development of the project will be provided. Mitigation
measures will be presented accordingly to mitigate potential significant
land use impacts as required by CEQA.
• Population and Housing: This section will describe the existing
population and housing numbers in the City of Seal Beach based on
current data from the State Department of Finance and the Southern
California Association of Governments (SCAG). Please note that a
Population and Housing section may not be required for the IS/MND
because no population and housing impacts have been preliminarily
identified.
• Soils and Geology: Minimal landform activity is included as part of the
proposed project. The IS/MND will describe the geologic setting based
upon any preliminary geotechnical reports provided by the project
consultants. This report will provide the basis for the analysis of geologic,
seismic and landform alteration impacts related to the proposed project.
Based on the potential geotechnical constraints identified in the
preliminary geotechnical report, the IS/MND will specifically focus on
geotechnical constraints such as existing undocumented fills, the off -site
removal of unsuitable material, the dewatering of excavations, liquefaction
potential, the close proximity of existing residential structures and
pipelines, and the corrosive nature of the existing soils. When required to
comply with CEQA, the IS/MND will list mitigation measures to mitigate
potential geotechnical impacts.
• Hydrology/Water Quality: The Hydrology section will identify the
existing drainage facilities that currently serve the project site and the
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
adequacy of those facilities to serve the proposed development, and will be
based upon information provided by the project consultants. This section
will also identify upgrades or improvements that will be required to the
existing storm drain system, if any. For inclusion in the IS/MND, the
project consultants will submit an evaluation or calculation of storm runoff
and an evaluation of storm drain system requirements, and appropriate
mitigation measures.
The Hydrology section will also discuss erosion control measures that will
be incorporated into the project during construction and after construction
to reduce surface water runoff and erosion. Compliance with current
National Pollutant Discharge Elimination System (NPDES) standards will
be required. The project consultants will assist in preparing project
specific Best Management Practices (BMPs) to address potential
stormwater pollutants in coordination with the U.S. Army Corps of
Engineers, the Santa Ana Regional Water Quality Control Board, and the
Coastal Commission. If potential hydrology /water quality impacts are
identified, mitigation measures will be proposed by the project consultants
to reduce impacts. City staff will prepare final mitigation measures that
will be listed in the IS/MND.
• Traffic and Circulation: Due to the nature of the project, significant
vehicle traffic is not anticipated to be generated by the proposed project
that has not already been anticipated as part of the overall Boeing
Integrated Defense System Specific Plan. However, project consultants
will submit an analysis of project access and construction- related traffic,
and such analysis will describe potential project impacts and suggested
mitigation measures. A "shared Parking " program is proposed and
project consultants shall submit such analysis to the City for use in
preparing this analysis. Mitigation measures will be recommended when
required to reduce traffic impacts to acceptable levels by the project
consultants. City staff will prepare final mitigation measures that will be
listed in the IS/MND.
• Air Quality: Based upon the information provided by the project
consultants, potential air quality impacts will be identified and analyzed
for the project. City staff will review reports prepared by the project
consultants that will analyze the project for consistency with City and
Southern California Air Quality Management District (SCAQMD)
regulations and policies. In addition, short-term air quality impacts will be
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
evaluated for construction- related activities. If needed, mitigation
measures to reduce any air quality exceedances determined to be above the
applicable de minimus level will be proposed by the project consultants.
City staff will prepare final mitigation measures that will be listed in the
IS/MND.
• Noise: Based upon data provided by the project consultants, potential
noise impacts will be identified relating to operation of the project
components. In addition, short-term construction noise impacts will also
be addressed. Any identified noise impacts will be analyzed for
consistency with policies and regulations contained in the City's Noise
Ordinance and General Plan Noise Element. As needed, mitigation
strategies will be identified for the control of noise levels within the
project site. Measures will be developed as necessary to mitigate any off -
site noise impacts by the project consultants. City staff will prepare final
mitigation measures that will be listed in the IS/MND.
• Aesthetics, Light and Glare: A narrative description, along with
supporting surface level photographs to be provided by the project
consultants, will describe the aesthetics of the project site, including the
existing land uses in the immediate project area. The impact section will
address the potential aesthetics impacts associated with implementation of
the project, including analysis of views of the project from the adjacent
residential neighborhood of Leisure World and from Westminster Avenue
and Seal Beach Boulevard. City staff will rely upon project exhibits,
diagrams, site cross - sections, and photo simulations provided by the
project consultant. Potential light and glare impacts will be analyzed, as
needed.
The Aesthetics section will evaluate the proposed project for consistency
with the City's policies for visual resources. When potential aesthetics
impacts are identified, mitigation measures will be provided to reduce
potential adverse aesthetics impacts to a level of insignificance.
City staff will prepare final mitigation measures that will be listed in the
IS/MND.
• Public Services and Utilities: The Public Services and Utilities sections
will identify the existing public services and utilities that serve the site and
whether the project will impact existing levels of service. When required
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd. Retail Center Project
June 15, 2005
by CEQA, measures will be provided to reduce potential public service
and utility impacts to a level of insignificance.
• Biology: This section will discuss any existing biological conditions and
analyze potential project impacts on biological resources, based on reports
prepared by the project consultants. Preliminarily, no biological resources
have been identified on the site or in the immediate vicinity. The IS/MND
will discuss any potential biological resources impacts due to the
implementation of the project and will provide biological mitigation
measures as required under CEQA.
• Hazards and Hazardous Materials: This section will discuss any known
hazards or hazardous materials that exist on the site, based on information
provided by the project consultants, as well as identify potential hazards or
hazardous materials related to the implementation and operations of the
proposed project. City staff will incorporate information from existing
sources and include mitigation measures where required by CEQA to
mitigate any potential hazardous impacts identified with the project.
• Cultural Resources: Potential project impacts will be evaluated in the
IS/MND utilizing reports prepared by the City cultural resources
consultant, EDAW. If any significant impacts are identified, mitigation
measures will be provided where required by CEQA.
4. Screen Check Mitigated Negative Declaration
Once the Draft Mitigated Negative Declaration is completed, City staff will submit five
(5) screen check copies to the project proponent for review and comment. After City staff
has completed its review of any suggested revisions, City staff will meet to discuss any
comments or changes proposed. City staff will retain the sole discretion as to whether
any proposed revisions will be incorporated into the Draft Initial Study/Mitigated
Negative Declaration.
5. Circulate Draft Mitigated Negative Declaration / Notice of Completion
City staff will provide five (5) copies of IS/MND to the project proponent. City staff will
send the Draft IS/MND by certified mail to all agencies and individuals on the contact
list, including the State Clearinghouse. While preparing the IS/MND, City staff will
prepare a list of agencies and individuals that will receive a copy of all CEQA documents
during the MND review and certification process. The contact list will include agencies
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
and individuals that must be contacted in accordance with CEQA, as well as other
agencies, groups or individuals City staff believes should be contacted. In conjunction
with mailing the Draft Mitigated Negative Declaration City staff will complete a Notice
of Completion (NOC) and file the NOC with the appropriate agencies.
6. Prepare Response to Comments and Final Mitigated Negative Declaration
After the required 30 -day public review period of the Draft Mitigated Negative
Declaration has ended City staff will provide a written response to all written comments
received by the City. The responses will be in the form of a Response to Comments
section either separately or as part of the Draft Mitigated Negative Declaration. The
Response to Comments section in conjunction with the Draft Mitigated Negative
Declaration will comprise the Final Mitigated Negative Declaration.
Once the Response to Comments document is completed, City staff will mail a copy of
the Response to Comments to all agencies and/or individuals that submitted written
comments to the Draft Mitigated Negative Declaration. The responses will be sent by
certified mail at least ten days prior to the City taking an action to certify the Final
Mitigated Negative Declaration. After the Final Mitigated Negative Declaration is
approved, City staff will provide five (5) copies of the Final Mitigated Negative
Declaration, including appendices, exhibits and responses to comments to the project
proponent.
7. Attend Project Meetings
City staff will attend project meetings with the project consultant team as determined
necessary during preparation of the Mitigated Negative Declaration in addition to the
identified kick -off meeting. This includes staff meetings to review comments on the
screencheck Mitigated Negative Declaration and responses to comments on the publicly
distributed document. All meetings will be billed at our standard billing rates based upon
the personnel from the City in attendance.
8. Public Meetings
City staff will attend all public meetings necessary to fully consider this project
throughout the City entitlement process. All meetings will be billed at our standard
billing rates based upon the personnel from the City in attendance
9. Notice of Determination
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd. Retail Center Project
June 15, 2005
Once the Final Mitigated Negative Declaration is adopted by the City, City staff will file
a Notice of Determination (NOD) with the appropriate agencies as required by CEQA. As
no biological resources have been preliminarily identified for the site, it is not anticipated
that the review fee imposed by the California Department of Fish and Game will be
required. If that becomes necessary, the project proponent is responsible to pay the City
that fee.
10. Mitigation Monitoring and Reporting Plan
City staff will prepare a Mitigation Monitoring and Reporting Plan (MMRP) as required
by CEQA for those measures listed in the Mitigated Negative Declaration to mitigate
potential significant impacts. The Mitigation Monitoring Plan will list all mitigation
measures recommended in the Mitigated Negative Declaration and identify the City
department and responsible agency responsible for monitoring the implementation of the
mitigation measure.
11. Needed Information
To prepare the environmental documentation for the proposed project, the following
materials and information are needed:
❑ Complete Project Application, including site plans, structure elevations, and other
appropriate information to fully describe the proposed project. This shall include
a detailed summary of the differences of existing and proposed facilities.
❑ View simulation of proposed facility from Leisure World, Westminster Avenue
and Seal Beach Boulevard at locations to be determined by City staff.
❑ Preliminary Geotechnical Report
❑ Preliminary Hydrology Studies and Storm Drain Improvement Plans
❑ Preliminary Grading Plan
❑ Air Quality analysis in compliance with SCAQMD CEQA Handbook standards
❑ Existing and proposed Utility Plans
❑ Water Quality Plans for Construction and Operational Activities (Preliminary
SWPPP)
❑ Traffic evaluation letter report — construction and operation phases, including the
"shared parking" analysis.
❑ Phase I Site Assessment or hazardous materials /substances investigation reports.
12. Format of Documents /Submitted Materials
All written documentation submitted to the City will also be submitted via electronic
media. Submitted materials will use Word 2000 as the word processing program and
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
Excel 2000 as the spreadsheet program. Any charts, graphs, or photographs used in the
submitted materials will be included in the electronic media submittal so that they can be
attached electronically to agenda reports or other reports prepared by the City and shall be
in a PDF format.
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Panattoni Development Reimbursement Agreement with
City of Seal Beach re: Seal Beach Blvd Retail Center Project
June 15, 2005
EXHIBIT "B"
CITY ATTORNEY CURRENT BILLING RATES
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RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
SHAREHOLDERS:
ABBOTT $395
ASAMURA $325
BARROW $395
BOGA $325
BOND $325
BROWNS $395
CECCON $375
CLARKE $325
COLESON $325
DIAZ $295
DORSEY $395
ENNIS $350
ESTRADA $350
GANS $450
GRAYSON $395
HARRIS, J. $375
HARRIS, R. $350
JIMBO $375
KAUFMANN $395
KIM $325
KUNERT $375
LYNCH $375
MARKMAN $400
ORR $350
PIERCE $325
STEELE $325
STEPANICICH $395
STRAUSZ $395
SUME $325
THORSON $395
WIENER $350
1/14/2005 1
• •
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
SR. ATTORNEYS
BATTERSBY $375
CURLEY $350
DANNER $350
FOX $350
GALLOWAY $400
GREYSON $350
GROSS $275
HAKMAN $250
HO -URANO $275
KARPIAK $295
KRAMER $395
LAMKEN $395
MCGINLEY $275
PIEPER $395
PITTMAN $295
RUDELL $395
WEAVER $350
YOSHIBA $275
1/14/2005 2
• •
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
ASSOCIATES
ABBE $250
AHN $250
BOBKO $225
CHUANG $250
COX $225
COYNE $250
FINNIGAN $195
GARCIA $225
GIOVINCO $195
GUTIERREZ -BAEZA $250
JANDIAL $225
KHALSA $225
LEE $195
MARROQUIN $185
MCCARTHY $225
ORTIZ $195
RAMIREZ $225
REINSTEIN $250
SNOW $225
1/14/2005 3
.. •
•
t'
RICHARDS, WATSON & GERSHON
2005 STANDARD BILLING RATES
HOURLY
RATE
LAW CLERKS
MABEE $160
SUMMER CLERKS $150
SR. PARALEGALS:
LIBERTY $160
PARALEGALS:
KRANE $145
1/14/2005 4