HomeMy WebLinkAboutHUNTINGTON BEACH WETLANDS CONSERVANCY - 2004-11-15Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Ci Cie 's 19n u
Council Meeting Date: November 15, 2004 Departmen mber- ED 04-12
CITY OF HUNTINGTON BEACH
REQUEST FOR REDEVELOPMENT AGENCY ACTION
SUBMITTED TO: HONORABLE CHAIRMAN AND REDEVELOPMENT AGENCY
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MEMBERS CD
SUBMITTED BY: PENELO CUL ETH-GRAFT, Ex ut a Director po
PREPARED BY: DAVID C. BIGGS, Deputy Executive Director
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SUBJECT: Approve Huntington Beach Wetlands Conservancy Grant
Agreement
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The Grant Agreement between the Redevelopment Agency and the
Huntington Beach Wetlands Conservancy will need to be approved in order to fund the
construction of a block wall and associated landscaping pertaining to the expansion of the
Wetlands & Wildlife Care Center located in the Southeast Coastal Redevelopment Project
Area.
Funding Source: Southeast Coastal Redevelopment Account No. 31580101.82000.
Recommended Action: Motion to:
1. Approve the Huntington Beach Wetlands Conservancy Grant Agreement between the
Redevelopment Agency of the City of Huntington Beach and the Huntington Beach
Wetlands Conservancy for $270,000 and approve that the Agency Chair and the Agency
Clerk execute the agreement.
Alternative Action(s): Do not approve the Agreement.
Analysis: The Redevelopment Agency will be making a grant of $270,000 in tax increment
from the Southeast Coastal Redevelopment Project to the HB Wetlands Conservancy, a
California Non -Profit Public Benefit Corporation (tax exempt under Section 501(C3) of the tax
code), for the construction of an an eight -foot high decorative block wall and associated
landscaping along the inland side of PCH from southeast comer of Newland Street,
constructed approximately 1,200 feet southwesterly. The wall will be located on the land
owned by the Conservancy.
REQUESAOR REDEVELOPMENT AGAY ACTION
MEETING DATE: November 15, 2004 DEPARTMENT ID NUMBER: ED 04-12
The City of Huntington Beach has approved Conditional Use Permit No. 92-(1)(R) and
Coastal Development Permit No. 03-171Entitlement Plan Amendment No. 03-02 (collectively,
the "CUP") for the establishment, maintenance and operation of the Wetlands and Wildlife
Care Center at 21900 Pacific Coast Highway. These Grant funds will assist the
Conservancy to meet the requirements of the CUP.
This project was approved as part of the Five -Year Capital Project program for the Southeast
Coastal Project Area.
Environmental Status: Not Applicable.
Attachment(s):
RCA Authors Runzel X5224
ED04-12 -2- 10/1512004 10:01 AM
HUNTINGTON BEACH WETLANDS CONSERVANCY
GRANT AGREEMENT
ATTACHMENT #1
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GRANT AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH AND
THE HUNTINGTON BEACH WETLANDS CONSERVANCY
This Grant Agreement ("Agreement") is made and entered into by and between the
REDEVELOPMENT AGENCY OF THE AGENCY OF HUNTINGTON BEACH, a public body corporate
and politic hereinafter referred to as "AGENCY," and the HUNTINGTON BEACH WETLANDS
CONSERVANCY a California non-profit corporation, hereinafter referred to as "GRANTEE."
WHEREAS, GRANTEE is the owner of real property located on the corner of Newland Avenue and
Pacific Coast Highway at 21900 Pacific Coast Highway, Huntington Beach, California, and commonly
referred to as Assessor's Parcel Number 1 14-160-86 in the records of the Orange County Recorder's Office
("Property"); and
WHEREAS. GRANTEE intends to permanently establish the Wetlands and Wildlife Care Center on
the Property and, to this end, Conditional Use Permit No. 92-(I)(R) and Coastal Development Permit No. 03-
17/Entitlement Plan Amendment No. 03-02 (collectively, the "CUP") have been approved by the City of
Huntington Beach for the establishment, maintenance and operation of the Wetlands and Wildlife Care
Center on the Property (hereafter, "Project"); and
WHEREAS, the Project contemplates the replacement of an existing chain link fence with an eight -
foot high decorative block wall to be constructed approximately 1,200 feet along the inland side of Pacific
Coast Highway southwesterly from the southeast corner of Newland Street (hereafter "Block Wall"); and
WHEREAS, AGENCY desires to grant funds to GRANTEE to finance the construction of the Block
Wall consistent with any and all conditions of approval to the CUP including, but not limited to, those
conditions attached hereto as Exhibit A and incorporated herein by this reference; and
GRANTEE has agreed to accept such funds from AGENCY pursuant to this Agreement,
NOW, THEREFORE, it is agreed by AGENCY and GRANTEE as follows:
GRANT OF FUNDS
AGENCY hereby grants to GRANTEE the sum of Two Hundred Seventy Thousand Dollars
($270,000) for the 2004-2005 fiscal year (hereafter, "GRANT FUNDS").
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2. DISBURSEMENT OF FUNDS
Within thirty (30) days of execution of this Agreement by AGENCY, AGENCY shall deposit the
GRANT FUNDS in an escrow account maintained on behalf of the AGENCY and at AG>NCY's sole cost
and expense at Tiempo Escrow, 19093 Beach Boulevard, Huntington Beach, California. GRANTEE agrees
hereby agrees that Tiempo Escrow shall be authorized by AGENCY to disburse GRANT FUNDS to
GRAN I'EE only in accordance with the provisions of the Disbursement Schedule attached hereto as Exhibit
B and incorporated herein by this reference. GRANTEE further agrees that the following conditions
precedent to any disbursement of GRANT FUNDS to GRANTEE.:
(A) GRANTE.E's compliance with the procedures set forth in Exhibit B;
(B) GRANTEE shall not be in default as to any of its obligations or any other terms and
conditions under this Agreement; and
(C) The Agreement shall not have been terminated.
PIJBLIC PURPOSES LIMITATION/DURATION OF AGREEMENT
The GRANT FUNDS shall be used only for the purpose of plans, specifications, engineering.
permits, landscaping, and public improvements directly related to the construction of the Block Wall in a
manner consistent with the terms of the CUP including any and all conditions of approval thereto.
GRANT EF. hereby agrees that the GRANT FUNDS shall be used in a manner consistent with GRANTEE's
Proposed Project Budget set forth in Exhibit C attached hereto and incorporated herein by this reference.
GRANTEE hereby agrees to complete construction of the Block Wall in accordance at all times with all
applicable federal. state and local laws, statutes, ordinances and regulations. GRANTEE shall continence
utilization of the funds granted herein as soon as practicable after the execution of this Agreement.
GRANDEE hereby agrees to complete construction of the Block Wall within two (2) years of execution of
this Agreement by Agency. In the event that the construction of the Block Wall is not completed within two
years from the date of execution of this Agreement by Agency, this Agreement shall terminate and he of no
further force or effect. In the event of termination pursuant to this paragraph, any Grant Funds that have not
been disbursed to GRANDEE as of the date of termination pursuant to Paragraph 2 shall be returned to the
AGENCY and GRANTEE shall not be entitled to any subsequent disbursement of such GRANT FUNDS.
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4. NO OTHER USE BY GRANTEE
GRANTEE shall not be authorized to use the Grant Funds for any purposes other than those
authorized by this Agreement.
STATUS REPORTS
Within thirty days of the end of each quarter following Agency's execution of this Agreement.
GRANTEE shall provide AGENCY with a status report that includes progress of construction of the Block
Wall and itemization of expenditures of the funds provided by AGENCY to GRANTEE pursuant to the
terms of this Agreement.
6. RECORDS-, AGENCY STAFF LIAISON
GRANTEE shall maintain separate accounting records for all funds received from AGENCY
under this Agreement_ Ail expenditures by GRAti-['I-.E of all funds received from AGENCY shall
he subject to review and approval by AGENCY. GRANTEE further agrees that all of its records,
including those pertaining to funds received from AGENCY and all other funds received by
GRANTEE;, must be maintained in accordance with standard accounting procedures and principles.
GRANTEE. further agrees that within sixty (60) days after termination of this Agreement.
GRANTEE shall submit to AGENCY, a final financial statement detailing all expenditures made and
all income received from the AGENCY during the effective period of this Agreement.
All accounting records and evidence pertaining to all costs of GRANTEE shall be kept
available at GRANTFE's office, or place of business located at c/o Ann McCarthy, Treasurer, 9192
Kappa Drive, Huntington Beach, CA 92646 for a period of not less than three (3) years after funds
are granted to GRANTEE. During the term of this Agreement, GRANTEE shall make all records
pertaining to this Agreement and/or the construction of the Block Wall available to AGENCY and/or
AGENCY's designee during regular business hours for the purpose of auditing and shall furnish
clerical assistance for this purpose to AGENCY's auditor as required. GRANTEE shall furnish
copies of records pertaining to this Agreement and/or the construction of the Block Wall to
AGENCY on request_ GRANDEE agrees to implement all recommendations made by AGENCY's
auditor, if any.
W—,A6RhU%1P,%%oIand5 agcm)-Final doc
In the event GRANTEE does not make its books and financial records available within the
City of I Iuntinbnon Beach, GRANTEE agrees to pay all necessary and reasonable expenses incurred
by AGENCY in conducting any audit at the location where said records and books of account are
maintained.
CITY'S RIGHT OF ACCESS
The AGENCY and/or the City of Huntington Beach shall have a right of access to the Project area
for the purposes of verifying GRANTEE'S progress towards completion of the Block Wall.
8. WORKERS COMPENSATION INSURANCE
Pursuant to Culifvrniu Labor Code section 1861. GRANTEE acknowledges awareness of section
3700 et seq of said Code, which requires every employer to be insured against liabilin, for workers
compensation, GRANTEE covenants that it will comply with such provisions prior to commencing
performance of the work hereunder.
GRANTEE shall maintain workers compensation insurance for any employee hired by GRANDEE
for this project in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by
accident, each occurrence, One I lundred Thousand Dollars ($100,000) bodily injury by disease, each
employee, Two Hundred Fitly Thousand Dollars ($250,000) bodily injury by disease, policy limit_
GRANTEE shall require all subcontractors to provide such workers compensation insurance for all
of the subcontractors' employees. GRANTEE shall furnish to AGENCY a certificate of waiver of
subrogation under the terms of the workers compensation insurance and GRANTEE shall similarly require
all subcontractors to waive subrogation.
9. INSURANCE
In addition to the workers' compensation and employer's liability insurance and GRANTEE'S
covenant to indemnify AGENCY. GRANTEE shall obtain and furnish to AGENCY, a policy of general
public liability insurance, including motor vehicle coverage covering the activities to be funded by the Grant
monies as set forth herein. This policy shall indemnify GRANTEE, its officers, employees and agents while
acting within the scope of their duties, against any and all claims arising out or in connection with the
performance of the activities to be funded by the Grant monies as set forth herein, and shall provide coverage
G \AGRFFMT1wciIand% agency -Final doc 4
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in not less than the following amount: combined single limit bodily injury and property damage, including
blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided
under a form that includes a designated general aggregate limit, the aggregate limit must be no less than One
Million Dollars ($1,000,000) for the activities to be funded by the Grant monies as set forth herein. This
policy shall name AGENCY, its officers, elected or appointed officials, employees, agents, and volunteers as
Additional Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to an) claim shall be deemed excess coverage and that GRANTEE'S insurance shall be priman.
Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a
"deductible" or any other similar form of limitation on the required coverage.
10. CE;RTIFICATES OF INSURANCE, ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, GRANTEE shall furnish to AGENCY
certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance
coverages as required by this Agreement; said certificates shall:
provide the name and policy number of each carrier and policy,
2. shall state that the policy is currently in force: and
shall promise to provide that such policies will not be canceled or
modified without thirty (30) days' prior written notice of AGENCY.
GRANTEE shall maintain the foregoing 'insurance coverages in force until the work under
this Agreement is fully completed and accepted by AGENCY.
The requirement for carrying the foregoing insurance coverages shall not derogate from the
provisions for indemnification of AGENCY by GRANTEE under the Agreement. AGENCY or its
representative shall at all times have the right to demand the original or a copy of all the policies of
insurance. GRANTEE; shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove
required.
GRANTEE shall provide a separate copy of the additional insured endorsement to each of
GRANTEE'S insurance policies, naming AGENCY, its officers, elected and appointed officials, employees.
CPAOit1:1 MITI% etlands agency -Fins! dnc
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agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment
hereunder.
1 ] . INDEPE.NDENT CONTRACTOR
GRANTEE is, and shalt be, acting at all times in the performance of the services of this Agreement
as an independent contractor. GRANTEE shall secure at its expense, and be responsible for any and all
payment of taxes, social security, state disability insurance compensation, unemployment compensation and
other payroll deductions for its officers, agents and employees and all business licenses, if and in connection
with the services to be performed hereunder_
12. AGENCY EMPLOYEES AND OFFICIALS
GRANTEE shall employ no AGENCY official nor anv regular AGENCY employee in the work
performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest
in this Agreement in violation of the applicable provisions of the California Government Code.
13. CALIFORNIA PREVAILING WAGE LAW_
A. The AGENCY and/or the City of Huntington Beach has ascertained from the
Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and
the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be
performed for each craft or type of work needed to execute this Agreement, and the same has been set forth
by resolution on file in the office of the Agency Clerk of AGENCY or the City Clerk of the City of
Huntington Beach. GRAN"I'EF. and any subcontractor under it shall pay not less than said prevailing wage
rates to all workers employed on this public works Agreement as required by California Labor Code Sections
1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, GRANTEE
agrees to secure payment of compensation to every employee.
B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the
California Labor ('ode, GRANTEE: shall, as penalty to AGENCY, forfeit twenty-five dollars ($25) for each
calendar day or portion thereof for each worker paid (either by GRANTEE or any of its subcontractors) less
than the prevailing wage rate established for that particular craft or type of work.
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14. HOLD HARMLESS
GRANTEE hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers,
elected or appointed officials, employees, agents and volunteers from and against any and all claims,
damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and
fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with
GRANTEE's (or GRANTEE's subcontractors, if any) negligent performance of this Agreement or its failure
to comply with any of its obligations contained in this Agreement by GRANTEE, its officers, agents or
employees except such loss or damage which was caused by the sole negligence or willful misconduct of
AGENCY. GRANTEE: will conduct all defense at its sole cost and expense and AGENCY shall approve
selection of GRANTEE's counsel. ']'his indemnity shall apply to all claims and liability regardless of
whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of
indemnification to be provided by GRANTEE.
15. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
16. COMPLIANCE-. WITH LAWS
GRANTEE hereby agrees to comply, and to cause its employees, consultants, subconsultants,
representatives, and agents to comply, with all federal. state and local laws, statutes, and ordinances and
regulation in connection with GRANTEE'S activities related to the construction of the Block Wall and its
performance under this Agreement. It is the responsibility of GRAN7'EE to ensure all activities associated
with the construction of the Block Wall comply with all applicable local, regional and federal rules and
regulations_
17. NON-DISCRIMINATION
In the performance of this Agreement GRANTEF. shall not discriminate against any employee or
applicant for employment on the basis of race, sex, color, religion, ancestry, national origin, age or as an
otherwise qualified handicapped individual. This prohibition shall pertain to employment, upgrading,
demotion or transfer, recruitment advertising; layoff or termination; rates of pay and other forms of
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compensation; selection for training, including apprenticeship; and any other action or inaction pertaining to
employment matters, and shall also apply to proscribe discrimination in any program or activity funded in
whole or in part with funds made available under this Agreement.
18. ASSIGNMENTAND SUBCONTRACTING
This Agreement shall not be assigned by GRANTEE to any other person or entity without the
written consent of AGENCY.
19. COPYRIGHT/PATENTS
AGENCY shall own all rights to any patent or copyright on any .work, time or material produced as a
result ofthis Agreement-
20_ IMMIGRATION
GRANTEE shall be responsible for full compliance with the immigration and naturalization laws of
the United States and shall, in particular, comply with the provision of the United States Code regarding
employment verification.
21. LEGAL SERVICES SUBCONIRACfING PROHIBITED
GRANTEE and AGENCY agree that AGENCY is not liable for payment of any subcontractor work
involving legal services, and that such legal services are expressly outside the scope of services contemplated
hereunder. GRANTEE understands that pursuant to Huntington Beach City Charter §309, the City Attorney
is the exclusive legal counsel for AGENCY: and AGENCY shall not be liable for payment of any legal
service expenses incurred by GRANTEE.
22. AUTHORI"IY '1 O ENTER INTO AGREEMENT
The persons signing below represent that they are authorized to bind the entities on whose behalf
they are signing.
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23. ENTIRETY
The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and
through their authorized offices on M k�gmeof /3 , 2004.
14UNTINGTON BEACH WETLANDS
CONS4.RVANCY, a California non-profit public
benefit corporation
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Officer/Asst. Secretary- - Treasurer
REDEVELOPMENT AGENCY OF THE CITY
OF HUNTINGTON BEACH, a public body
corporate and politic.
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APPROVED AS TO DORM:
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INITIATED AND APPROVED:
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Deputy Executive Director
RF.VIE)%ED AND APPROVED:
Ex cutive Director
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EXHIBIT A
Huntington Beach Planning Commission
P.O. box 190 CALIFORNIA 92648
November 14,1997
Huntington Beach Wetlands Conservancy
c/o Gary Gorman
P.O. Box 5903
H,mtington Beach, CA 92615
CONDITIONAL USE PERNUT NO.92-1(R)/NEGATIVE
DECLARATION NO.92-7 (Wetlands and Wildlife Care Center)
PROPERTY
fig: Southern California Edison Company, 14803 Chestnut Street, Westminster, CA
92683
QUEST: To establish the temporary Wetlands and Wildlife Care Center as a permanent
use. The facility includes: a 425 square foot visitor center, a 1,960 square foot
hospital, a 2,625 square foot cleaning building, 5,250 square feet of existing
animal enclosures with another 6,000 square feet of enclosures proposed in the
future. The development also includes the replacement of a preexisting
nonconforming six foot high perimeter fence in the front and exterior side yard
area (Newland and PCH) as required per a condition of approval on the existing
conditional use permit for the facility.
LQCATLON: 21900 Pacific Coast Highway (northeast corner at Newland Avenue)
DATE OF
ACTIOM November 12,1997
Your application was acted upon by the Planning Commission of the City of Huntington Beach
on November 12, 1997, and your request was Conditionally Approved . Attached to this letter
are the Findings and Conditions of Approval for this application.
(97CL 1112-4)
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Please be advised that the Planning Commission reviews the conceptual plan as a basic request
for entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of
the conditions of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten calendar days of the date of the Planning Commission's action. The notice of appeal shall
include the name and address of the appellant, the decision being appealed, and the grounds for
the appeal; it shall also be accompanied by a filing fee. The appeal fee is $500.00 for a single
family dwelling property owner appealing the decision on his/her own property. The appeal fee
is $1,200.00 for all other appeals.
In your case, the last day for filing an appeal and paying the filing fee is NoveMber 24. 1997.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless actual construction
has started.
If there are any further questions, please contact Ricky Ramos, Assistant Planner at
(714) 536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
by:
Sebtt ess, AICP
Senior Planner
xc: Property Owner
Attaghmente Findings and Conditions of Approval
(97CL 1112-5)
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1. Conditional Use Permit No. 92-1(R) for the permanent establishment, maintenance and
operation of the Wetlands and Wildlife Care Center will not be detrimental to the general
welfare of persons working or residing in the vicinity or detrimental to the value of the
property and improvements in the neighborhood. It provides an enriching educational and
volunteer opportunity for the community. Landscaping which exceeds code requirements
will be installed to enhance the area
2. The conditional use permit will be compatible with surrounding uses because it does not
appear to produce any impacts that are detrimental or incompatible with the character of the
area
3. The proposed Wetlands and Wildlife Care Center will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance and any specific condition required for the proposed use in the district
in which it would be located. Landscaping and parking will be provided which exceeds code.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Public on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
a. Require that an appropriate landscape plan be submitted and implemented for
development projects subject to discretionary review (LU 4.1.2).
b. Achieve the development of a mix of governmental service, institutional, educational, and
religious uses that support the needs of Huntington Beach's residents (LU 13).
c. Encourage that all proposed building sites adjacent to a scenic highway include open
space, plazas, gardens, or landscape areas which enhance the enhance the scenic highway
and create a buffer between the building site and the scenic highway (CE 7.2.3). -
(97CL1112-6)
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Kiwi! i i2M. 0WRIM IWOK1191l •►: 111M ON W DI 4001. * is
1. The site plan, floor plans and elevations received and dated June 5, 1997 (revision date) shall
be the conceptually approved layout with the following modifications:
a. Handicap access shall be provided to all buildings.
0b.econdary access from Pacific Coast Highway shall be gated and posted "Emergency
Access Only" subject to review and approval by the Fire Department.
( c. designate an area to accommodate a minimum of ten (10) bicycle parking spaces.
d. Designate ultimate right-of-way line for Newland Avenue and Pacific Coast Highway
including the corner radius. All property improvements including signage and
landscaping shall be Iocated within the project boundaries.
Deelocate bus parking spaces to run parallel with Pacific Coast Highway.
f. The perimeter fence elevation shall depict colors and building materials as approved by
the Design Review Board.
g. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
h. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
i. All exterior mechanical equipment shall be screened from view on all sides. Equipment
to be screened includes, but is not limited to, heating, air conditioning, refrigeration
equipment, plumbing fines, ductwork and transformers. Said screening shall be
architecturally compatible with the building in terms of materials and colors. If screening
is not designed specifically into the building, a rooftop mechanical equipment plan
showing screening must be submitted for review and approval with the application for
building permit(s). (Code Requirement)
(97CL 1112-7)
Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non-obwasive, not interfere with
sidewalk areas and comply with required setbacks.
k Include a trash enclosure per code.
1. Widen landscape planter along Pacific Coast Highway and Newland Street adjacent to the
parking are to a minimum of 15 feet in width.
m. Indicate all-weather surface for the parking lot and fire access lanes.
2. Prior to submittal for building permits, the following shall be completed:
a. Applicant shall obtain approval from Caltrans for construction of a secondary
"emergency access only" from Pacific Coast Highway to the site.
b. The site plan (or reference page) shall include all conditions of approval imposed on the
project printed verbatim.
3. Prior to issuance of building permits, the following shall be completed:
a. The project shall comply with mitigation measures identified in Mitigated Negative
Declaration No. 92-7 by obtaining design approval of the drainage culvert and siltation
pond system by the Department of Fish and Game and the Department of Public Works.
The project shall also maintain a minimum one hundred (100) foot buffer between the
project development and any wetlands area.
b. A grading plan shall be submitted to the Department of Public Works for review and it
must be approved (by issuance of a grading permit). A plan for silt control for all water
runoff from the property (no additional water to adjoining properties) during construction
and initial operation of the project may be required if deemed necessary by the Director
of Public Works.
c. Hydrology and hydraulic studies shall be submitted for Public Works approval.
d. All applicable Public Works fees shall be paid.
e. Submit copy of completed FEMA Elevation Certificate prepared by a registered engineer.
f. Elevations depicting colors and materials of all structures shall be reviewed and approved
by Department of Community Development staff.
{97CL 1112-E)
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g. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
h. The Property Owner shall dedicate 20 feet of Newland Street adjacent to the project.
(PW) (Code Requirement)
4. Fire Department requirements are as follows:
a. Two (2) fire hydrants will be installed prior to combustible construction. Shop drawings
will be submitted to the Public Works Department and approved by the Fire Department
prior to installation.
b. Fire lanes will be designated and posted to comply with City Specification No. 415.
c. Address numbers will be installed to comply with City Specification No. 428. The size
of numbers will be the following: The number for the building will be sized a minimum
of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches.
d. Fire access roads will be provided in compliance with the Huntington Beach Fire Code
and City Specification No. 401. Including the circulation plan and dimensions of all
access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns.)
e. Length of lot requires second access to property on Pacific Coast Highway.
f. Parking lot and fire access lanes shall be paved with all weather driving surface.
5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable
material, shall be disposed of at an off -site facility equipped to handle them.
6. Prior to the issuance of any building permits or the continuation of any work on the site, the
applicant shall submit the following and complete the improvements as specified below:
a. Landscape construction drawings must be submitted to the Public Works Department and
for approval by the Community Development Department and the Parks, Trees and
Landscape Division of Public Works. The landscape construction set shall be prepared
and signed by a State licensed landscape architect and shall show all proposed/existing
plant materials (location, type, size and quantity) an irrigation plan, a grading plan, an
approved site plan and a copy of the entitlement conditions of approval. The landscape
plans shall be in conformance with Chapter 232 of the Huntington Beach ZSO and the
conceptual landscape plan dated October 30, 1997 developed for the site to the approval
of staff. The landscape set must be approved by both departments prior to the issuance of
building permits. Soil percolation and agricultural suitability tests shall be conducted
prior to landscape plan preparation to determine suitable plant material selections and soil
planting preparations. Agricultural suitability and fertility tests plus tests for soil
sterilents and other harmful chemicals shall be included if the site is a former oil site,
railroad yard or lowland site. The landscape plans and installation shall comply with the
City of Huntington Beach Arboricultural and Landscape Standards and Specifications.
(91CL1112 9)
0 0
The width of the Iandscape planter along PCH and Newland Street adjacent to the parking
area shall be increased to 15 feet and include a 2 foot high berm. All code required trees
shall be Metrosideros 36-inch box trees. English Ivy shall be installed along the Ocean-
side base of the existing fence on the property line and shall be trained and expalliated
into the fence. All code -required landscaping (including the English Ivy) shall be
installed within two (2) years from approval of this entitlement.
Within two (2) years from approval of this entitlement, the applicant shall install all
landscaping in excess of code. All trees in excess of code shall consist of: Myoporum
Parvifolium with equal numbers provided at minimum 5 gallon and 15 gallon size, and
other trees which would not interfere with the power lines at minimum 15 gallon size.
The applicant shall also pursue the installation of ground covers in the unimproved
Caltrans right-of-way to the satisfaction of city staff.
b. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (PW)
7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
8. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel 'to keep damp
enough to prevent dust raised when leaving the site;
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05% by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the
following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Community Development Department.
b All improvements (including landscaping and replacement of the existing chain link
fence) to property shall be completed in accordance with the approved plans and
conditions of approval specified herein.
c Compliance will all conditions of approval specified herein shall be accomplished.
(97cL.111240)
� J
10. Building permits shall be obtained for the modular trailer installed without permits.
11. A review of the use shall be conducted in one (1) year of the issuance of Certificate of
Occupancy to verify compliance with all conditions of approval and applicable Articles of
the Huntington Beach Ordinance Code. If , at that time, there is a violation of these
conditions or code sections or adverse impacts, Conditional Use Permit No. 92-1(R) may
become null and void.
12. This conditional use permit shall not become effective for any purpose until the ten (10) day
appeal period has elapsed.
13. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Planning
Commission's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Planning Commission may
be required pursuant to the HBZSO.
14. The property owner shall meet the intent of Section 230.84 of the Huntington Beach
Municipal Ordinance pertaining to the construction of street improvements along the east
half of Newland Street. (PW) (Code Requirement)
15. The developer shall work with Edison to try and relocate underground the existing overhead
power lines along the project site.
16. The developer shall continue to comply with the conditions of approval for Variance No.
95-10.
1. Conditional Use Permit No. 92-1(R) shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
2. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-1(R),
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
3. All applicable Public Works fees shall be paid. The developer will be responsible for the
payment of any additional fees adopted in the "upcoming" Water Division Financial Master
Plan. (PW)
(97CL 1112-11)
0 •
4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
5. An encroachment permit shall be required for all work within the right-of-way. (PW)
d. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
7. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange_ and submitted to the Department of Community Development
within two (2) days of the Planning Commission's action.
(97CL 1112-12)
• •
4A City of Huntington Beach
2M MAIN STREET CALIFORNIA92"8
0 DEPARTMENT OF PLANNING
Phone 536-5271 RMED
Fax 374-1640 NOTICE OF ACTION
374-1648 — —
September 13, 2004
Peter Haddad
1619 Alabama Street
Huntington Beach Ca 92648
SUBJECT: COASTAL DEVELOPMENT PERMIT NO. 03-171 ENTITLEMENT PLAN
AMENDMENT NO.03-02 (Amendment to Conditional Use Permit No. 92-
1(R) Huntington Beach Wetlands Conservancy Expansion — Continued
from February 10, 2004, with the public hearing to be opened)
APPLICANT: Peter Haddad
PROPERTY
OWNER: Huntington Beach Wetlands Conservancy, P.O. Box 5903, Huntington Beach,
CA 92615
REQUEST: To amend Conditional Use Permit No. 92-1(R) by deleting Condition No. 1-e;
requiring 2 bus parking spaces and Condition No. 7, prohibiting outside
storage. The application includes a request to modify the approved site plan by
replacing an existing 2,260 sq. ft. modular rehabilitation building and visitor
center with a permanent 4,200 sq. ft., one-story animal hospitallvisitor center.
The proposal also includes site improvements consisting of an 8-foot high block
wall along Pacific Coast Highway, parking lot re -striping, and an outside
storage container.
LOCATION: 21900 Pacific Coast Highway (Northeast comer of Newland Street and Pacific
Coast Highway)
DATE OF
ACTION: August 10, 2004
On Tuesday, August 10, 2004, the Huntington Beach Planning Commission took action on your
application and your request was conditionally approved. Attached to this letter are the
findings and modified conditions of approval.
Please be advised that the Planning Commission reviews the conceptual plan as a basic
request for entitlement of the use applied for and there may be additional requirements prior to
commencement of the project. It is recommended that you immediately pursue completion of
the conditions of approval and address all requirements of the Huntington Beach Zoning and
Subdivision Ordinance in order to expedite the processing/completion of your total application.
The conceptual plan should not be construed as a precise plan, reflecting conformance to all
Zoning and Subdivision Ordinance requirements.
(04N)Ao810)
Under the provisions of the Huntington Beach Zoning and Sub ivision Ordinance, the action
taken by the Planning Commission becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within
ten working days of the date of the Planning Commission's action. The notice of appeal shall
include the name and address of the appellant, the decision being appealed, and the grounds
for the appeal. A filing fee shall also accompany the notice of appeal. The appeal fee is
$2,335.00.
In your case, the last day for filing an appeal and paying the filing fee is August 20, 2003.
This project is in the appealable portion of the coastal zone. Action taken by the Planning
Commission may be appealed directly to the Coastal Commission unless Title 14, Section
13573 of the Califomia Administrative Code is applicable. Section 13573(a)(3) states that an
appeal may be filed directly with the Coastal Commission if the appellant was denied the right of
local appeal because local notice and hearing procedures for the development did not comply
with the provisions of this article_ If the above condition exists, an aggrieved person may file an
appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code,
in writing to:
South Coast Area Office
California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802-4302
Attn: Theresa Henry
(562) 590-5071
The Coastal Commission review period will commence after the City appeal period has ended
and no appeals have been filed. Applicants will be notified by the Coastal Commission review.
Applicants are advised not to begin construction prior to that date.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless actual construction
has started.
You are hereby notified that you have 90 days to protest the imposition of the fees described in
this Notice of Action. If you fail to file a written protest regarding any of the fees contained in
this Notice, you will be legally barred from later challenging such action pursuant to Govemment
Code §66020.
If there are any further questions, please contact Rami Talleh, Assistant Planner at (714) 374-
1682, or the Planning Department Zoning Counter at (714) 536-5271.
Sincerely,
Howard Zelefsky, Secretary
Planning Commission
By:
Herb Fauland, Principal Planner
HZ: H F: RT: d
Attachment
c: California Coastal Commission
Property Owner
(04NOA0810)
•
0
FINDINGS AND CONDITIONS OF APPROVAL
COASTAL DEVELOPMENT PERMIT NO.03-171
ENTITLEMENT PLAN AMENDMENT NO.03-02
FINDINGS FOR PROJECTS EXEMPT FROM CEgAA:
The Planning Commission finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to section 15301 of the CEQA Guidelines, because minor expansions of
existing facilities which do not result in an increase of more than 50 percent of the floor area are
exempt.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.03-17:
1. Coastal Development Permit No. 03-17 for the modification of CUP No. 91-2(R) by replacing
a previously approved 1.860 sq. ft. modular animal hospital and 425 sq. ft. modular visitor
enter with a 4,200 square foot, one-story animal hospital and visitor center, as proposed
and modified by conditions of approval, conforms to the General Plan, including the Local
Coastal Program by implementation of the following Coastal Element goals, objective, and
policies:
a. C 1.2.1 - Accommodate existing uses and new development in accordance with the
Coastal Element Land Use Plan and the Development and Density Schedule Table C-1.
b. C 4.2.1 - Ensure that the following minimum standards are met by new development in
the Coastal Zone as feasible and appropriate: a. -preservation of public views to and from
the bluffs,- to the shoreline and ocean and to the wetlands; b. adequate landscaping and
vegetation: c. evaluation of project design regarding visual impact and compatibility; and
d. incorporate landscaping to mask oil operations and major utilities, such as the
electrical power plant on Pacific Coast Highway.
c. C 4.7 - Improve the appearance of visually degraded areas within the Coastal Zone.
d. C 4.7.1 - Promote the use of landscaping material to screen uses that detract from the
scenic quality of the coast along public rights -of -way and within public view.
The proposed modifications are consistent with the Coastal Element Land Use designation
for the site of P (Public). The project will help improve the appearance of the area by
replacing the existing modular building with a more attractive structure and install an
approximately 1,000 ft. long meandering wall 6 ft.. to 8 ft. high along the project's Newland
and Pack Coast Highway street frontages with a 5 ft. to 10 ft. wide landscaped planter in
front to mask visibility of the AES generating station. The proposed animal hospdavvisitor
center will not impact public views to the coast. There are limited views across the site due
to the AES generating station. However, existing views will be maintained to the extent that
the new structures will be one story in height and consistent with other structures on site.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code. The project meets or
exceeds all minimum development standards including but not limited to setbacks, height,
and parking. The project will comply with all Public Works, Fire, and Building and Safety
Department codes and requirements. The proposal conforms to the city's Design
Guidelines and incorporates variations in form, building details, colors, and materials that
create visual interest. The project provides buffering from the AES generating station and
(04NOA0810) Attachment 1.1
• 0
sensitive uses such as the adjacent wetlands and State beach across Pacific Coast
Highway through landscaping, a block wall, and increased setbacks. The perimeter wall is
designed in a manner to create an attractive appearance and will be consistent with the wall
design approved for the area around the AES generating station fronting on pacific coast
highway for a cohesive appearance
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. The proposed modifications are
located on an existing site, which will provide dedication and improvements to the frontage
along both Newland Street to improve circulation in the area.
4. The project will not impede any public access to the coast and public recreation
opportunities in the area. All public access to the coast and public recreation in the area will
not be impeded during the long-term operation of the facility as well as during the
construction process with the implementation of conditions of approval and mitigation
measures
FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 03-02:
1. Entitlement Plan Amendment No. 03-02 to amend Conditional Use Permit 92-1(R) by
deleting Condition No. 1-e, requiring 2 bus parking spaces located parallel to Pacific Coast
Highway, and Condition No. 7, prohibiting outside storage, and replacing a previously
approved 1,860 sq. ft. modular animal hospital and 425 sq. ft. modular visitor center with a
4,200 square foot, one-story animal hospital and visitor center and site improvements
consisting of a 6'ft. to 8 ft high block wall along Pacific Coast Highway, parking lot re -
striping and expansion, and an onsite storage container will not be detrimental to the
general welfare of persons working or residing in the vicinity or detrimental to the value of
the property and improvements in the neighborhood. The project will result in the removal of
a modular office to be replaced with a permanent structure with a more attractive design
consistent with the city's adopted Design Guidelines. The project will further enhance the
appearance of the area with the installation of 5 to 10 feet of landscaping and a 6 to 8 ft.
high block wail along the Pacific Coast Highway frontages to provide additional screening
and a consistent and upgraded appearance in contrast to the existing improvements.
2_ The entitlement plan amendment will be compatible with surrounding uses because the
project as proposed and modified by the conditions imposed is compatible with the
properties immediately surrounding it because it is an establish use which provides an
adequate transition between the AES generating station, the adjacent wetlands to the east
and State park to the south across Pacific Coast Highway. No impacts pertaining to noise,
light/glare, and/or odors are anticipated.
3. The proposed modifications will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance and any specific condition required for the proposed use in the district in which it
would be located. The project as proposed and modified by the conditions of approval
meets or exceeds the minimum development standards and is allowed subject to approval
of a conditional use permit and coastal development permit.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of P(Public) on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
LU 2 - Ensure that development is adequately served by transportation infrastructure,
utility infrastructure, and public services.
(04NOA0814) Attachment 12
a 0
➢ LU 4.1.1 -Require adherence to or consideration of the policies prescribed for Design and
Development in this Plan, as appropriate.
➢ LU 4.1.2 - Require that an appropriate landscape plan be submitted and implemented for
development projects subject to discretionary review.
➢ LU 4.2.1 - Require that all structures be constructed in accordance with the requirements
of the City's building and other pertinent codes and regulations; including new, adaptively
re -used, and renovated buildings.
➢ LU 4.2.4 - Require that all development be designed to provide adequate space for
access, parking, supporting functions, open space, and other pertinent elements.
➢ LU 7.1.1 -Accommodate existing uses and new development in accordance with the Land
Use and Density Schedules.
➢ LU 13.1.8 - Ensure that the City's public buildings, sites, and infrastructure improvements
are designed to be compatible in scale, mass, character, and architecture with existing
buildings and pertinent design characteristics prescribed by this General Plan for the
district or neighborhood in which they are located, and work with non -City public agencies
to encourage compliance_
The General Plan Land Use Map designation on the subject property is P (Public), which
permits a variety.of public and institutional uses such as govemmental facilities and utilities.
The proposed Wetland and Wildlife Care Center is consistent with this designation. The
proposed structure is compatible with the surroundings because it is low in height and has
an attractive design consistent with the General Plan and Design Guidelines. The new
structure includes. multiple building masses with architectural treatment that is carried
throughout all four elevations. This treatment provides for a cohesive appearance
consistent with policies LU 13.1.8. The project will include adequate panting and
landscaping pursuant to the zoning ordinance including at 10-foot landscape planter with an
eight -foot high wall along the project's Newland and Pacific Coast Highway street frontages
to help screen a majority of the site. The new structures will be built according to the City's
building and other pertinent codes and will include all necessary utility infrastructure needed
to support the use.
1. The site plan, floor plans, and elevations received and dated June 2, 2004 shall be the
conceptually approved layout.
2. Prior to submittal for Building Permits, final design of the fencing plan and landscaping plan
shall be reviewed and approved by the Design Review Board and shall incorporate the
following:
a. Consideration of view fencing within the 6 ft. high portion of the block wail while taking
into thought measures for sound attenuation and security and consideration of art
elements similar to that used by cal trans along the entire length of the wall.
b. A landscape plan consistent with landscape plan approved by the Beautification,
Landscape, and Tree City Council Subcommittee on November 7, 2001. The landscape
plan shall incorporate the following:
i. Accentuated landscaping identifying the intersection of Newland and Pacific Coast
Highway as a secondary entry node.
(04NOA0810) Attachment 1.3
0 0
ii. Clusters of landscaping at various locations along the proposed block wail to act as
vertical elements to break up the mass.
c. Landscaping with an emphasis on native and drought tolerant vegetation.
3. The applicant is encouraged to work with the City and Cal Trans to maintain the drainage
swale.
4. The use shall comply with the following:
a. Only the uses described in the narrative received and dated June 2, 2004 shall be
permitted
b. Outside storage of vehicles, vehicle parts, equipment or trailers shall be prohibited.
c_ Storage of materials and goods associated with the operation of the animal
hospitaltvisitor center shall be provided within the proposed storage container.
5. All previous conditions of approval of Conditional Use Permit No. 92-1 ® are applicable and
shall remain in effect unless otherwise amended by this approval.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attomeys fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
(04NOA0810) Attachment 1.4
0
0
EXHIBIT B
0
EXHIBIT "B"
Disbursement Schedule
I. GRANTEE shall be entitled to periodic disbursement payments in accordance with the
following progress and payment schedule.
?_ Delivery of work product- A copy of every memorandum, letter, report, calculation and
other documentation prepared by GRANTFF.. shall be submitted to AGENCY to substantiate all requests
for disbursements and to demonstrate progress toward completion of the construction of the Block Wall.
In the event AGENCY rejects or has comments on any such product, AGENCY shall identify specific
requirements for satisfactory completion.
3. GRANTEE shall submit to AGENCY an Disbursement Request for each requested
disbursement. Such request shall:
A) Reference this Agreement;
B) Describe the proposed use of the funds or describe the work that has been
performed:
C) Show the total amount of the requested disbursement;
D) Include a certification by one of GRAN EE:'s officer that the request is in
accordance with the provisions of this Agreement: and
E) For all payments include an estimate of the percentage of construction of the
Block Wall that has been completed.
Upon submission of any such invoice, if AGENCY is satisfied that GRANTEE is making
satisfactory progress toward completion of the Block Wall in accordance with this Agreement,
AGENCY shall approve the invoice, in which event AGENCY shall authorize Tiempo Escrow. 19093
Beach Boulevard, Huntington Beach, California, to disburse the requested funds to GRANTF.F.E; within
seven (7) days of receipt of' the invoice by AGENCY. Such approval shall not be unreasonably
withheld. If AGENCY does not approve an invoice. AGENCY shall notify GRANTEE in writing of the
reasons for non -approval within seven (7) business days of its determination to not approve an invoice.
However, any failure on the part of Agency to notify GRANTEE; of its decision shall not render the
invoice approved.
4. No release of funds by Tiempo Escrow will be authorized without the AGENCY's prior
approval of the Disbursement Request. Any dispute between the parties concerning payment of such an
invoice shall be treated as separate and apart from the ongoing performance of' the remainder of this
Agreement.
Nagreel cuand,,ar.cn«/g13o1oa EXHIBIT B
L 1
E
EXHIBIT C
0
•
1L�'T� -��Il �' Ll� _ I �St _r _ 1- _ _i•Li _ i
A Protcrt of the
Hcrlltirl"tell Beach I I ctl olds ( i)IISen,irl(.►-
Proposed Project Budget
PROJECT DESCRIPTION
This project consists of several components: a) construction cif a new 4.200 sq. ft. Wildlife
Care & Education Building w-Mich will include a fully equipped veterinary hospital. visitors
center, meeting, classroom, offices and restrooms and enhancements to existing utilities.
b) installation of a new decorative block wall and landscape improvements along the
property fronting Pacific Coast Highway. and c) Replaced and relocate the fence between
HBW("s property and the aFS power plant on the property line.
PROJECT Fi-NDING
_ Trojecl Funding Source ��Amount
Wildlife Care Building Wildlife Conservation Board _I $ 6U0,000.00
Block wall & landscaping City of 1:Iuntin� I each 270,000.00
._Replace relocate fence AF.S Huntington Beach 150.000-00
TOTAL S1,020,000.�
CITY of HUNTINGTOh BEA(:H — REDEVELOPMENT AGENCY
PROJECT BLDGFT
Iota] Funding
Estimated Expenses
Plans Specifications &. 1-ngmecring
Permits
Block wall (approx. 1,100 ft 'd) $135 %ft
Sidewalk,/trail (approx 1.000 ft.)
Landscape improvements
Contingency (10%)
22.500.00
1,500.00
165.500-00
3,500.00
50.000.00
27,000.00
$270,000.00
Total estimated expenses S270,000.00
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Mav-01-04 05:280a Fro -Franey Ruhr Alh ant tQ339TQOf5 T-302 P 002/Q02 F-2i3
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THIS ENDORSEMENT CHANGES THE POLICY, PLEASE Rt'.A>? IT CAREFULLY
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS
This endorwaud muclNies Inwaoae prodded aader the fnllorricV
=l1== GEAfF M L1Ai Tt' &Y8 MI PART
SCHEDULE .
"ama of orgsalZRIMM .
TTie City of Hubtingtoa Beach, its aMts, officern ar%d employeas as an
acALtior,al ingumt•on the izftranee certificate for Encroach, at ajbl/or
Trwtsportation Permits.
C11 as CRUY apt alwa. the irdwmatfan ragulrad to aamplets this eedotsemcd wQl be sham is the
.bedaratloas as applicable m this ea$orsenteluO.
WH 013 INSURED tSaWan M is amordW to include as ae lusured the PWan or orgauhMn abOM its
Schedule hat any vith raped to rmbghy =%Ing out of your o pin: operation& perform d for float Ins OV&
E i The Ummd scheduled above iadudes im insureds slatted ar appal nW1 dilo rs, oEicWs. e•npioyera and
E �meeees.
Z This Inseaaace shall be pdamq as respells the bmured storm in the sdmft a &bare, or tf excess, &bail
stand In an ambrakes .chaln of coverage cmw of the Named lnsarsdls scbaMicd muialfte prlarerir
cw4emg& In eltbar W rt. aey other l mmnea amioWned by the lasund sdedriled above shall be is assess
of tbls bmuraaae and shall out be called uW to eta witl+ it
3. The lnsnrdl[ca dhaded by this policy soap out be caoadW wept after thiry = dW. prdtt wft" Wtlae
by oerl fled nmll. "wffl revipt tmgnested, has beta siv o to The E"ty.
4. t.overdp spat! not extend to any lndmnnity cavanp for the ugve 001gaare of the addi*wl fasvr=d in
my Casa w1we an aw m am to Indemnity the adfidaul stared woAd be invarid maser iobdviden L4i of
Section zM2 of Ike Clril Cade- . .
l�llarded Rep�e�tlrs
• Fransv: Wha Alliant
4530 Valae,.yRd . f ?M —
. Aftem
ChantdIly, VA 20121
t� 70 0 Os 97 Uwm=es Sa+►len 0lbse, let fa m {dWMed) Rw!&ad 7100
i�0 '
CITY OF HUNTINGTON BEACH
2000 Main Street, Huntington Beach, CA 92648
Declaration of Non -Employer Status
In order to comply with the City Council Resolution No. 6277, you are required
to provide proof of Workers' Compensation Insurance. if you have no
employees, this form must be signed and returned to:
City of Huntington Beach
Risk Management Division
2000 Main Street
Huntington Beach, CA 92648
certify that in the performance of the activity or work for which this permit is
issued, 1 shall not employ any person in any manner so as to become subject to
California Workers' Compensation Insurance requirements.
authorize the City of Huntington Beach to immediately and retroactively
revoke the license or permit issued under this declaration if I hire any
I employee(s) or become subject to the provision of the laws requiring Workers'
Compensation Insurance.
Applicant/Company Name:
Address: • o • Box 5903,
Applicant's Signature:
Huntington ?each Netiands Conservancy
tington Beach C 92615
Title: Chairman, Eoa rd of Directors
Location Signed:
Huntington Peach CA
Telephone Number: (714) 96 3-2123
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT: ECONOMIC DEVELOPMENT
SUBJECT: Huntington Beach Wetlands Conservancy Grant Agreement
COUNCIL MEETING DATE: November 15, 2004
RCA ATTACHMENTS
STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable
Not Applicable
Tract Map, Lo�on Map and/or other Exhibits
Not App cable
Contrac Agreemen (w/exhibits if applicable) ,
(Signed�Jn e gLty Attome
kknkn-licable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome
Not Applicable
Certificates of Insurance (Approved by the City Attome
Not Applicable
Financial Impact Statement Unbud et, over $5,000
Not Applicable
Bonds Qf applicable)
Not Applicable
Staff Report If applicable)
Not Applicable
Commission, Board or Committee Report If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not A licable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED
Administrative Staff
Assistant City Administrator Initial
Cit Administrator Initial
City Clerk
"
EXPLANATION FOR RETURN OF ITEM:
RCA Author: Runzel, Ext. 5224
•
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
CALIFORNIA 92648
LETTER OF TRANSMITTAL OF ITENI APPROVED BY THE CITY COU\'CIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
<_d W OQ•Ll
T
city, State. Zip
•
ATTENTION: N C
DEPARTMENT:
REGARDING: C�ef1WT
See Attached Action Agenda Item /n Date of Approval S O T
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item
Remarks:
jj��
City Clerk
Attachments: Action Agenda Page _X_ Agreement
CC: �T Z
Z• a6(-s
Name
RCA
EJ:OAI
Dea�*+t /
& Y
k Bonds Insurance _,?S_
Deed Other
RCA Ayccmrat Insurance Other
RCA Apocmmt Insurance Other
Name Department RCA Agcetrtent Insurance Other
Name
Name
Department RCA AVirment Insurance Other
Department RCA
Insurance
(Telephone: 714536.5227)