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Atkins North America, Inc. - 2012-08-20
Council/Agency Meeting Held: -t Deferred/Continued to: r 4 Ap rov d Cler Sign t e it�n Council Meeting Date: August 20, 2012 Departm t D Number: PL12-016 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Scott Hess, AICP, Director of Planning and Building SUBJECT: Approve and authorize execution of a Professional Services Contract with Atkins North America Inc. for preparation of Environmental Documentation for the proposed LeBard Park and Residential Project; approve and authorize execution of a Reimbursement Agreement with the Huntington Beach City School District; and, appropriate funds to be fully reimbursed Statement of Issue: i Transmitted for your consideration is a professional services agreement with Atkins North America, Inc., for preparation of environmental documentation for the proposed LeBard Park and Residential Project and a reimbursement agreement with the Huntington Beach City School District to fund the environmental documentation for the project. Financial Impact: An appropriation of $172,784 from the General Fund to the Planning and Building Department Professional Services Account 10060201.69365 is required. These funds will be offset by the attached reimbursement agreement with the Huntington Beach City School District (project applicant). Recommended Action: Motion to: A) Approve and authorize the Mayor and City Clerk to execute the "Reimbursement Agreement Between the City of Huntington Beach and Huntington Beach City School District For Costs Incurred for LeBard Park and Residential Project CEQA Documentation" in the amount of One Hundred Seventy-Two Thousand, Seven Hundred Eighty-Four Dollars ($172,784); and, B) Approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and Atkins North America Inc. for the LeBard Park and Residential Project CEQA Documentation" in the amount of One Hundred Seventy- Two Thousand, Seven Hundred Eighty-Four Dollars ($172,784); and, C) Appropriate funds in the amount of $172,784 from the City General Fund to the Planning and Building Department Professional Services Account 10060201.69365 for the Professional Services Contract between the City and Atkins North America, Inc., which is funded by a reimbursement agreement. Item 13. - 1 xB -186- REQUEST FOR COUNCIL ACTION MEETING DATE: 8/20/2012 DEPARTMENT ID NUMBER: PL12-016 Alternative Action(s): The City Council may make the following alternative motions: 1. Deny the Professional Services Contract between the City and Atkins North America, Inc. 2. Deny the Reimbursement Agreement between the City and the Huntington Beach City School District. 3. Continue the item and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Applicant: Huntington Beach City School District, 20451 Craimer Lane, Huntington Beach, CA 92646 Location: LeBard School (closed school site; School District offices)/ LeBard Park (City), 20451 and 20461 Craimer Lane, Huntington Beach, CA 92646 The project consists of a professional services contract and reimbursement agreement to begin environmental analysis of the LeBard Park and Residential Project. The environmental analysis would determine the potential environmental impacts associated with the project. The LeBard Park and Residential Project conceptually includes the approximately 10-acre LeBard closed school site and the approximately five-acre LeBard Park site. The LeBard park site consists of the existing approximately three-acre developed City-owned park and the approximately two-acre undeveloped Southern California Edison right-of-way adjacent to the developed City park. The project would entail demolition of the existing closed school building and existing park amenities, dedication of a portion of the closed school site for City park purposes, reconstruction of City park amenities including two lighted tennis courts, passive open space, a tot lot, a restroom/concession building and surface parking, and reconstruction of six existing little league baseball fields. The project would also include subdivision of the remaining school district property for 30 single-family lots and associated infrastructure. The project would require several entitlements including a General Plan Amendment and Zoning Map Amendment to amend the existing land use and zoning designations from Public to Open Space Parks and Recreation and Residential designations. Tentative tract map, conditional use permit and design review entitlement applications would also be required. B. STAFF ANALYSIS AND RECOMMENDATION: A Professional Services Contract between the City and Atkins North America, Inc., is necessary to prepare the required environmental documentation. This contract will require an appropriation of funds by the City. Funding for the environmental documentation is HB -187- Item 13. - 2 REQUEST FOR COUNCIL ACTION MEETING DATE: 8/20/2012 DEPARTMENT ID NUMBER: PL12-016 included in the reimbursement agreement with the Huntington Beach City School District, the project applicant. Consultant Selection Process Staff solicited proposals from four qualified consultants for this project: - Atkins North America, Inc. - BonTerra Consulting - Chambers Group - AECOM Staff distributed Requests for Proposals for the environmental documentation to these four consultants. Proposals were received from Atkins, BonTerra and Chambers Group. One consultant (AECOM) indicated that they were committed to other projects and were unable to respond. Proposals were reviewed by staff from the Planning and Building and Community Services Departments. Atkins North America, Inc., has prepared previous environmental documentation within the City, including the Beach and Edinger Corridors Specific Plan Program EIR, the Murdy Commons (Boardwalk) Project EIR, the Beach-Ellis Project EIR, the Beach-Warner Project EIR, the Pacific City EIR, and the Bella Terra Phase II EIR Addendum. Additionally, Atkins has experience preparing environmental documentation for similar projects in other jurisdictions. Staff recommends the City Council approve the contract with Atkins North America in the amount of $172,784.00 and authorize the Mayor and City Clerk to execute the documents. Staff also recommends that the City Council approve the Reimbursement Agreement with the Huntington Beach City School District. There have been many reimbursement agreements requested by staff and the development community for environmental documentation. This is an acceptable method to give project applicants greater assurance of timely entitlement processing and a greater level of detailed environmental evaluation. Environmental Status: Projects over which public agencies exercise ministerial authority, such as these agreements contracting for preparation of environmental documentation and ensuring reimbursement for such services, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Strategic Plan Goal: Improve the City's infrastructure Attachment(s): 1. Professional Services Contract Between the City of Huntington Beach and Atkins North America Inc. for the LeBard Park and Residential Project CEQA Documentation. 2. Reimbursement Agreement Between the City of Huntington Beach and the Huntington Beach City School District for costs incurred for the LeBard Park and Residential Project CEQA Documentation. Item 13. - 3 xB -188- ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA, INC. FOR THE LEBARD PARK AND RESIDENTIAL PROJECT CEQA DOCUMENTATION Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings ................................................ .....................8 ................................ 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ATKINS NORTH AMERICA, INC. FOR THE LEBARD PARK AND RESIDENTIAL PROJECT CEQA DOCUMENTATION THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and Atkins North America, Inc., a Florida Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare CEQA documentation for the LeBard Park and Residential Project; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Carrie Garlett who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional sves mayor 1 of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on 41A6W, 7— c 20Z�, (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 36 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally tol be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Seventy-Two Thousand Seven Hundred Eighty-Four Dollars ($172,784). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake agree/surfnet/professional svcs mayor 2 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, 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 CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any agree/surfnet/professional svcs mayor 3 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect agree/surfnet/professional svcs mayor 4 of 11 12/07 Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. agree/surfnef/professional svcs mayor 5 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option'of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnef/professional Svcs mayor 6 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach Atkins North America, Inc. ATTN: Jennifer Villasenor 2000 Main Street ATTN: Carrie Garlett Huntington Beach, CA 92648 12301 Wilshire Boulevard, Suite 430 Los Angeles, CA 90025 (310) 268-8132 agree/surfnet/professional svcs mayor 7 of 11 12/07 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever agree/surfnet/professional Svcs mayor 8 of 11 12/07 there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY 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. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/surfnet/professional Svcs mayor 9 of 11 12/07 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signato y or is withdrawn. CONSULTAN><''s initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this agree/surfnebprofessional svcs mayor 10 of 11 12/07 Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/surfnet/professional sves mayor 11 of 11 12/07 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a Atkins North America, Inc. municipal corporation of the State of COMPANY NAME California a Florida Corporation 1 Mayor By: av` V 90!�— print name y Clerk qz,J me) ITS: (circle one)Chairman/President ice President AND INITI D AN PROVED: By: Rene de los Rios PlannVng and Building Director print name ITS: (circle one) Secretary/Chief Financial Officer sst Secretary Treasurer REVIE ND APPROVED: ®®®e "ApaR,�•.�P�p y Manager 1�0 p ®� °°°• oRtoA ° APPROVED AS TO FORM: Ci Attorney agree/surfnet/professional svcs mayor 12 of 11 12/07 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Atkins North America, Inc. will prepare the environmental documentation for the proposed LeBard Park and Residential Project. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. For the Environmental Impact Report(EIR) A. Kick-off Project and Attend Community Meeting B. Prepare Technical Studies C. Prepare Technical Modeling D. Prepare Initial Study/NOP and Attend Scoping Meeting E. Prepare Administrative Draft EIR F. Prepare Screencheck Draft EIR and MMRP G. Prepare Public Draft EIR H. Prepare Final EIR and Attend Public Hearing H. Manage Project, General Coordination, and Attend Project Meetings 1. Prepare Certification Documents 2. For the Mitigated Negative Declaration(MND) A. Kick-off Project and Attend Community Meeting B. Prepare Technical Studies C. Prepare Technical Modeling D. Prepare Initial Study/MND E. Prepare Administrative Draft MND Surfnet Exhibit A F. Prepare Screencheck Draft MND G. Prepare Public Draft MND H. Prepare Final MND, RTC and MMRP and Attend Public Hearing H. Manage Project, General Coordination, and Attend Project Meetings C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Consultant will perform as an extension of staff. 2. City will make timely payments as outlined in Exhibit"B." D. WORK PROGRAM/PROJECT SCHEDULE: Work will initiate upon the notice to proceed by the City of Huntington Beach. Surfnet Exhibit A EXHIBIT "B" Payment Schedule(Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. • Sr. Division Manager/Principal Technical Professional $190-$300/hour • Sr. Group Manager/Project Director/Sr. Planner IV/Sr. Scientist IV/Sr. Engineer IV $175- $300/hour • Group Manager/Sr. Project Manager III/Sr. Planner III/Sr. Scientist III/Sr. Engineer I1I $140- $200/hour • Project Manager/Sr. Planner II/Sr. Scientist II/ Sr. Engineer IF Sr. GIS Analyst II $120- $170/hour • Associate Project Manager/Sr. Planner I/ Sr. Scientist I/Sr. Engineer I/ Sr. GIS Analyst 1 $95- $135/hour • Planner II/Scientist II/Engineer II$85-$120/hour • Planner I/Scientist I/Engineer 1 $65-$100/hour • Sr. Administrator/Operations Coordinator/Administrative Coordinator$90-$130/hour • Sr. Word Processor/Regional Graphics Specialist/Sr.Program Assistant$75-$110/hour • Word Processor$65-$1 00/hour • Field Technician 11 $55-$90/hour • Planner Intern/Scientist Intern/Field Technician I/Technical Aide/Administrative $45- $75/hour • Mileage $0.51/mile 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an Surfnet Exhibit B EXHIBIT B Fixed Fee Payment invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. 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. Surfnet Exhibit B EXHIBIT B Fixed Fee Payment CORPORATE RESOLUTION p�g7�� NORTH ATKINS 14OR H AIYHSrRICA,INC. RESOLVED,that the below named officers are authorized to execute documents on behalf of Atkins North America, Inc.: L. Dean Fox Chief Executive Officer/President Gary M.Erickson President Barry J. Schulz President Thomas F.Barry,Jr. Senior Vice President Lynn L.Schrier-Behler Senior Vice President/Chief Financial Officer/Treasurer Kenneth J.Burns,Jr. Senior Vice President David J.Carter Senior Vice President W. Bradley Dennard Senior Vice President C. Ernest Edgar,IV Senior Vice President/General Counsel/Secretary Jorge C.Figueredo Senior Vice President John M.Finochiaro Senior Vice President/Chief Technology Officer Marvin N.Fisher Senior Vice President Cecilia R.Green Senior Vice President Michael C.Hogan Senior Vice President Donna M.Huey Senior Vice President Mark A. isaak Senior Vice President Justin P.Jones Senior Vice President Amir Kangari Senior Vice President Robert S.Lawson Senior Vice President Steven C.Malecki Senior Vice President Frank T. Martin Senior Vice President Paul T. Pettit,Jr. Senior Vice President Victor P.Poteat Senior Vice President Douglas E.Robison Senior Vice President Benton L.Rudolph Senior Vice President Thomas L.Singleton Senior Vice President Ernesto Aguilar Vice President Matthew S.Baird Vice President Steven N.Glenn Vice President Patricia L.Komara Vice President Glenn F.Myers Vice President Darrell A.Nance Vice President Terri S.Vitar Vice President FURTHER RESOLVED,that the following named officers are authorized to attest to the signatures of officers executing documents on behalf of Atkins North America, Inc: C. Ernest Edgar, IV Senior Vice President/General Counsel/Secretary James R. Steele,Jr. Vice President/Assistant Secretary Rene de los Rios Vice President/Assistant Secretary Jayanth Jayaram Vice President/Assistant Secretary This resolution is adopted as of April 25, 2012 and remains in effect until a succeeding resolution is adopted. ; r �F �see��® ��N ,q ' Ernest Edgar, IV`Secretary Corporate Seal �`�'Co PO ac; Sig, .t s 1960 a 0 fi -IORMN -°• 4 �•°oases°°° ae��� - CITY OF HUNTINGTON BEACH F0u,:ti , r Professional Service Approval Form ` 15 PANT Date: 4/18/2012 Project Manager Name: Jennifer Villasenor Requested by Name if different from Project Manager: Debra Gilbert Department: Planning and Building PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: Environmental (CEQA) Documentation for LeBard Park and Residential Project 2) Estimated cost of the services being sought: $ 172,784 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ® A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ❑ MC 3.03.08(b) — Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08— Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Ye ❑ No Fiscal Services Vanager Signature Date 6) Amount, Business Unit (8 digits) and Object Code (5 digits) where funds are budgeted (Please note that a budget check will occur at the object code level): 10060201.69365 $ 172,784 $ $ $ Budget Approval Dat -,L :�;� -14 tbll Z-- epartmen ead Signat e(s) Date Directory of� inance's Signature !Date Deputy City Manager's Signature l Date APPROVED44 D NIED ❑ i Manager's Signature Date No inquiry description Object Adopted YTD YTD YTD YTD YTD Account Budget Budget Actual PO Actual+PO Balance 2011 2011 2011 FY 11112 FY 11/12 FY 11/12 00100-General Fund 10060201-Planning 51000-PERSONAL SERVICES 1,682,032 1,682,032 886,602 886,502 795,531 63000-Equipment and Supplies 6,760 6,750 948 948 59802 68600-Conferences and Training 13,000 13,000 497 497 129503 69365-Other Professional Services 233,000 652,735 227,948 223,895 451,843 200,892 69300-Professional Services 233,000 652,735 227,948 223,896 451,843 200,892 69450-Other Contract Services 24,000 24,042 11,712 5,954 17,667 6,375 60000-OPERATING EXPENSES 276,750 696,627 241,106 229,849 470,966 225,571 50000-EXPENDITURES 1,958,782 2,378,659 1,127,608 229,849 1,357,457 1,021,102 4/24/2012 9:15:34 AM Page 1 of 1 CITY OF HUNTINGT N BEACH 3 Professional Service Approval Form PART II Date: 7/30/2012 Project Manager: Jennifer Villasenor Requested by Name if different from Project Manager: Ricky Ramos Department: Planning and Building PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & H MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Atkins 2) Contract Number: PLNi Z act (Contract numbers are obtained through Finance Administration x 5630) 3) Amount of this contract: $ 172,784 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ❑ Yes ® No 6) Is this contract over $100,000? ® Yes ❑ No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach Exhibit B, which describes the payment terms of the contract. L 01p LC; �-- Budget pproval Signature Date ""t64,71" /e/( '2- Director of Finance (or designee) Signature bat4 List of Consultants From Whom Proposals Were Requested For Lebard Park EIR 1. Bonterra (714) 444-9199 2. Chambers (949) 261-5414 3. AECOM (310) 478-1950 4. Atkins (310) 893-2327 A�./ CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 04/(02/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Willis of New York, Inc. PHONE FAX c/o 26 Century Blvd. A/C NO EXT: 877-945-7378 A/C ND: 888-467-2378 P. O. Box 305191 E-MAIL ADDREss: certificates@willis.com Nashville, TN 37 23 0-5191 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA: Underwriter's at Lloyds 15792-001 INSURED INSURER B: Atkins North America, Inc. 2001 NW 107th Avenue INSURERC: Miami, FL 33172-2507 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:17646446 REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' SUB POLICY EFF POLICY EXP TYPE OF INSURANCE R WVD POLICYNUMBER M D DD Y LIMITS GENERAL LIABILITY EACHOCCURRENCEAMA $ COMMERCIAL GENERAL LIABILITY PREMISESO aoccurence $ CLAIMS-MADE OCCUR MED EXP(Anyone person) $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY PR LDC S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANYAUTO BODILY INJURY(Perperson) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PET D A AUTOS Per accident $ 741_14pn Qhr iwric $ UMB RELLA LIAB OCCUR _ I EACH OCCURRENCE S EXCESS LIAR CLAIMS-MADE �( _p �. AGGREGATE S DIED RETENTION$ $ WORKERS COMPENSATION V // ( H" AND EMPLOYERS'LIABILITY J lnf / 2 f' T RY LIM - I ANY PROPRIETOR/PARTNER/EXECUTIVE YID N/A LLL C I E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? LJ ((Mandatory,in NH) E.L.DISEASE-EA EMPLOYEE S fI yes,describe under DESCRIPTION OF-OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional B080111209P12 4/1/2012 4/1/2013 $1,000,000 Each Claim & Liability $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,it more space is required) Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name officially to Atkins North America, Inc. Professional Liability policy written on claims-made basis. Underwriters at Lloyd's London AM Best Rating: A XV. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Huntington Beach t 2000 Main Street Huntington Beach, CA 92648 Coll:3685795 Tp1:1424747 Cert:17646446 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ATTACHMENT #2 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CITY SCHOOL DISTRICT � ' �� FOR COSTS INCURRED FOR Dept.of Planning LeBARD PARK AND RESIDENTIAL PROJECT CEQA DOcumENTARQ09ng THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California,hereinafter referred to as "CITY," and Huntington Beach City School District, a California corporation,hereinafter referred to as "DEVELOPER." WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington Beach known as the LeBard Park and Residential Project; and DEVELOPER is required to submit applications to CITY for approval if various discretionary matters, such as entitlements, zone changes, land use approvals and environmental assessments; and DEVELOPER desires that all entitlements, zone changes, land use approvals and environmental assessments be processed as soon as possible; and DEVELOPER desires to have CITY commit sufficient resources to enable the expeditious processing of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to defray the cost of processing development applications and entitlements by reimbursing CITY for such costs, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties agree as follows: 12-3331/79612 1 1. PAYMENT DEVELOPER agrees to reimburse CITY for its professional services as follows: A. Within ten (10) days following execution of this Agreement by CITY, DEVELOPER will make an initial payment to CITY in the amount of Twenty-five Thousand Dollars ($25,000) (hereinafter the "Amount of Deposit"). Thereafter, on the first day of each third month, DEVELOPER shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount paid by CITY for professional services funded by this Agreement (the "Quarterly Payment"). The parties acknowledge that the Amount of Deposit will be used to pay the professional planning services funded by this Agreement, and if, prior to the payment of any Quarterly Payment, the Amount of Deposit is less than One Thousand Dollars ($1,000), DEVELOPER shall make the next Quarterly Payment within ten (10) days notice from CITY. DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's best estimate of the costs for the services described herein, and that the actual cost of said services may be higher. In the event that the actual cost of said services exceeds the estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after receiving CITY's invoice for same. In the event the actual costs of Reimbursement Services are less than the estimated costs, CITY will refund the difference between the actual and estimated costs. B. The estimated cost to cover twelve (12) months of professional services is One Hundred Seventy-two Thousand Seven Dollars ($172,784). C. A late payment fee of ten percent (10%) will be assessed if CITY receives any payment later than the thirtieth (30th) day after that payment is due but unpaid. In 12-3331/79612 2 addition, one and one-half percent (1'/z) interest per month shall be added for each month the payment hereunder is due but unpaid. 2. STATEMENT OF INTENT The amounts reimbursed to CITY pursuant to this Agreement will help defray CITY's cost of the professional planning services required to process DEVELOPER's various development applications and entitlements as set forth herein. 3. EXCLUSIVE CONTROL BY CITY CITY will maintain exclusive control over the work described herein. Nothing in this Agreement: A. Shall be deemed to require CITY to approve any plan, proposal, suggestion, application or request submitted by DEVELOPER. B. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to direct and control the planner(s) assigned to DEVELOPER's various development projects. C. Shall be deemed to impose any liability on CITY different from any liability as may otherwise be established by law. 4. CITY EMPLOYEES AND OFFICIALS DEVELOPER shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any direct financial interest in this Agreement. 5. TIME IS OF THE ESSENCE CITY agrees that time is of the essence for the performance of the work to be funded pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice, 12-3331/79612 3 DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the Planning Director. 6. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days prior written notice to the other party. DEVELOPER shall be responsible for all costs incurred prior to termination, including any and all costs incurred after notice of termination has been given. 7. TERM This Agreement shall be effective on the date of its approval by the City Council of CITY. This Agreement shall expire when terminated as provided herein. 8. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO DEVELOPER: City of Huntington Beach Huntington Beach City School District ATTN: Jennifer Villasenor ATTN; Gregg Haulk 2000 Main Street 20451 Craimer Lane Huntington Beach, CA 92648 Huntington Beach, CA 92646 9. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 12-3331/79612 4 10. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 11. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 12-3331/79612 5 12. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 13. IMMIGRATION DEVELOPER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 14. LEGAL SERVICES SUBCONTRACTING PROHIBITED DEVELOPER and CITY agree that CITY 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. DEVELOPER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by DEVELOPER. 15. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 16. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 12-33 31/79612 6 17. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 18. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices on w = % (� , 20� DEVELOPER, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California '4 By: G� Mayor I i 11 ATTEST: print nam ITS: (circle one)Chairman/P residentlVYce'Pre ides Ci -Clerk ND � By: APPROVED AS TO FORM: print name ITS: (circle one) Secretary.Chief Financial Officer/Asst. 0 ttorney D 'Imid" Secretary—Treasurer INITIA E A APPROVED: REVIEWED APPROVED AS TO CONTENT: Direct of Pl ing and Building Cit ger 12-3 3 31/79612 7 HUNTINGTON BEACH TOMORROW Making a difference today for Huntington Beach tomorrow P.O. Box 865, Huntington Beach, California 92648 (714) 840-4015 H BTomorrow.com HBT's Mission August 19, 2012 VIA ENTAIL is Honorable Mayor and City Council Members to promote and maintain City of Huntington Beach a high quality of life 2000 Main St. in Huntington Beach. Huntington Beach, California 92648 In Re: Huntington Beach City Council Aug. 20, 2012 Agenda Item 13, HBT advocates for: LeBard Park and Residential Project on Closed School Site Citizen Participation Dear Mayor Hansen and City Council Members, Clean&Healthy Environment Efficient&Safe Traffic Flow Huntington Beach Tomorrow respectfully requests that council pulls from the consent calendar Item 13 of the Aug. 20 city council agenda to conduct an open Open&Responsive Government discussion by the council. Preserve Open Space Preserve Our Quality of Life While we realize that at this point what is being considered is a routine request for pre-funding the developer's EIR, it is important to keep all aspects of this project in Recreational Opportunities for All the eye of the public. Responsible Planned Growth Sound Infrastructure The development project as proposed is opposed by HBT for multiple reasons: Sustainable Tax Base . The proposed housing exceeds the existing footprint of development • The result is a net loss of acres of open space • The residents of this community expected that school sites (like park sites) Board of Directors would remain open space resource when they voted for the bonds to Officers construct them. m More than 1,000 Huntington Beach families utilize this open space every year President and continued use should be guaranteed by the City of Huntington Beach. Karen Jackie The LeBard site is home to Seaview Little League,which maintains the field in Vice President immaculate condition and strives to be a good neighbor to the surrounding Dan Kalmick neighborhoods of Meredith Gardens and Suburbia. Treasurer Robert Sternberg HBT urges the City to retain the maximum possible acreage as"Open Space"for Secretary continued use by Huntington Beach residents of this extremely important Linda D. Couey community asset. Directors Sincerely, Karen Jackle Monica Hamilton President Shawn Roselius Cc: Joan Flynn, Huntington Beach City Clerk SUPPLEMENTAL COMMUNICATION We". Date: Y/,22 Agenda Item No. L� Esparza, Patsy From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 20, 2012 7:43 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 12060 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name: Lucy Chou Description: From: Lucy Chou [mailto:LBCO@earthlink.net] Sent: Sunday, August 19, 2012 11:06 PM To: CITY COUNCIL Subject: Council meeting 8/20/12 Item 13 Environ.Impact Report Dear Council Women and Council Men, I am a resident and homeowner at 10041 Theseus Drive in Suburbia Park, HB (Brookhurst/Indianapolis). On the agenda tomorrow night, item#13 should be pulled bocs an environmental impact study based on the current drawing of 30 new houses to be constructed in our tract is totally pre-mature and a waste of money whether the school district would reimburse the city or not. How and when that it happen that all 30 new construction are to be absorbed by this tract. Ours is a small tract of only 3 streets of 50+houses with only 1 entrance and exit to/fro Brookhurst. Most of the time, it is impossible to make a left hand turn into Brookhurst and sometime when traffic is heavy we have a hard time getting out of our tract making a right turn due to the proximity of traffic light at Indianapolis. How are we to bear the estimated 60+- 80 cars more cars from this new development? Drainage has always been a huge problem every time it rains. As things stand, Brookhurst is higher than us, so the rain water comes in. After Edison took out a drainage pipe from underneath our neighborhood's on ramp up to the Santa Ana River trail and graded their soil sloping to our tract, now instead of the wetland water going out to the sea, it comes right into our tract. I wish I can locate a picture to prove the existence of the pipe and force them to put it back. We can't bear additional concrete and extra drainage flow into our streets. I have many more concerns about this new development but will limit to 2 for now. Lucy Chou SUPPLEMENTAL Franz Berghammer COMMUNICATION Expected Close Date: 08/21/2012 Click here to access the request Meeting Date: 1 Agenda Item NO. /3 Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 20, 2012 7:50 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 12061 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda& Public Hearing Comments Citizen name; Kathleen Dover Description: from Kathleen Dover SUPPLEMENT AL 10121 Crailet Drive COMMUNICATION HB 949 244 2376 Agenda ftm No. From: ScotsID@aol.com To: city.council@surfcity-hb.org Sent: 8/19/2012 9:28:24 P.M. Pacific Daylight Time Subj: PROPOSED LEBARD PARK AND RESIDENTIAL PROJECT I am a 23 year resident of Meredith Gardens and have closely followed the debate on this very sensitive and ill thought out issue. It is difficult to believe that there isnt a business brain among the many involved that cannot see the sheer folly of spending millions of dollars in order to resituate this Park a stones throw away. It is also beyond belief that we find ourselves having to deal with this issue for one reason only. The current School district have been unable to maintain their aging structure (even though a day care center have found it viable enough to use and pay rent on). I have been in the Property Management business for 34 years and if any client had come to me and stated that they were not able to maintain an asset of theirs to the level of habitability so they needed to move out and buy a building (at a cost that is one sixth of the cost of the purchase of the Crystal Cathedral) so that they could continue business but freely admit that there are no funds to maintain this new building which presumably will be in the same state as the current one in several years, I would immediately suggest they get sectioned. Seriously. Lastly, I am also a member of H.B. Community Garden and if anyone knows the Edison codes boy we do. There is no way Edison will allow any structure within 50ft of their towers and no metal whatsoever within 100yds, a play area under and close to these Edison structures just isnt going to be allowed and the developer knows that, the feasibility study group knows that and so do the city council. Nothing about this makes sense, the school district should go and either occupy some i vacant school space or rent some of the much vacant commercial space in the city so that it can be professionally maintained and supported. Expected Close Date: 08/21/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 2 Esparza, Patty From: Stephenson, Johanna Sent: Monday, August 20, 2012 7:56 AM To: Esparza, Patty Subject: FW: Save LeBard park Seaview park Johanna Stephenson / Executive Assistant O: 714.536.5575 / C: 714.536.5233 -----Original Message----- From: Starla Thompson [mailto:sthompson@creativenetworks.net] Sent: Sunday, August 19, 2012 8:45 AM To: CITY COUNCIL Subject: Save LeBard park Seaview park Our son was a five time ALLSTAR His /Our MEMORIES ARE PRICELESS!!! Dave Seaview!!! Sent from my iPhone SUPPLEMENTAL COMMUNICATION 0hoeting Date: �2 �� Agenda Item No.. /3 Esparza, Patty From: Surf City Pipeline [noreply@user.govoutreach.com] Sent: Monday, August 20, 2012 7:57 AM To: CITY COUNCIL; agendaalerts@surfcity-hb.org Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request# 12062 from the Government Outreach System has been assigned to Johanna Stephenson. Request type: Comment Request area: City Council - Agenda&Public Hearing Comments Citizen name: Eileen Root Description: From: Eileen Root [mailto:eileen@tworoots.com] Sent: Saturday, August 18, 2012 12:57 PM To: CITY COUNCIL Subject: Item 13 As a homeowner& resident of Suburbia Park in HB, please pull item 13 up for discussion at the upcoming meeting , I have a lot of concerns including the parking situation&why there are no entrances or exit from Meridith Gardens, I'm sure Mr. Hansen wouldn't mind a few extra cars using his streets to help out with the traffic jams & car pile ups on Brookhurst Street, it will be very difficult there, especially with the light at indianapolis. Another concern is the park that is to be completed after the houses are built, I'm thinking of the mistakes the City made when the Sports complex was not finished &the developer went bankrupt & it sat there for a long time. Have you thought about getting the money up front& opening a escrow account ? I have a lot of questions & concerns & I hope to have some answers. Sincerely Eileen Root 714-968-6535 Expected Close Date: 08/21/2012 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not �alonitored and will be ignored. SUPPLEMENTAL COMMUNICATION Meeting Date:_ LZ k L Agenda Item No. /� Esparza, Patty From: Stephenson, Johanna Sent: Monday, August 20, 2012 1:09 PM To: Esparza, Patty Subject: FW: LeBard Park SUPPLEMENTAL COMMUNICATION From: Arnice Woods [mailto:jwsteilacooml@msn.com] W����'�d Sent: Monday, August 20, 2012 1:08 PM fib: CITY COUNCIL Apr4a Imam No. Subject: LeBard Park Dear City Council Members of Huntington Beach; As a Huntington Beach resident and a home owner living in Meredith Gardens, I am greatly concerned about the proposed changes that will effect Le Bard Park. I do not understand how the City of Huntington Beach is contemplating spending a 175 thousand dollars and change of my and probably your tax payers dollars to pay for an environmental document that no one at the information meeting was in interested in, ( It is my understanding that the School District will be paying for this document, which means that the district is using public funds for this, instead of using these funds for our school children). It seems to me that the big winner in this plan is the gentleman who is hired by the School District to attempt to galvanize this plan. It would be interesting to know how much the School District has paid this man for his knowledge and ideas, and how much more profit he stands to make because of this idea. I think that sum is huge. It is reasonable to me that the school district could use these funds that are funding this endeavor to pay for the renovation of their district office. Why would anyone vote to spend millions of dollars to reconstruct tennis courts and park equipment a few feet away from where they are located now?That does not seem like a wise steward of our dollars at work. This new plan would demolish an existing 3 acre park and remove many old shade tress in the park. Why????? The developer that the school board hired and the School Superintendent believe that is safe to have our future generations playing baseball and other sports under SCE high voltage wires. Not to mention the electric tower poles that are located here. I would encourage all of the City Council members to go and see these SCE voltage wires. Why would we have our children playing under such wires when we have a beautiful park adjacent to the voltage wires? The developer of these plans has not taken in to account any of the Meredith Garden resident ideas. Our house backs up to the field and now were are being told that the plan to build some 30 multi story homes ( the smallest being 2700 sq. feet) will have a 10 foot set back from our property line. At the information meeting for the Meredith Gardens home owners, the developer admitted that his plan would net the school district 5 million dollars. The School Superintendent admitted the monies gained from this would be used only for a new district office. This seems to me a lot of destruction for no reward for our children's education process. I believe that other ideas need to be considered, if the City Council votes to advance the Environmental Document. There are other ways to keep the fields in their original place. Of concern to home owners is the impact of traffic. If you have ever been to Le Bard park during Little League Season, you have experienced the parking challenges. This problem would only become worse with the proposed idea. As a Meredith Garden home owner we were never consulted about other design layouts or building options. There are options to allow all current homes with adjacent back yards that back up the fields to remain private. In particular the new proposed building set backs are not comparable to any of the other adjacent lots and totally out of place. As a concerned citizen, I am requesting that the Environment Document vote be pulled from the City Council discussion. I 1 would like to know which City Council members are in favor of demolishing the existing Le Bard park. I would encourage all City Council members to go visit Le Bard park and enjoy it's beauty, then make your decision. Thank you. Sincerely, Ann deJong 10092 Crailet Dr: Huntington Beach, CA. 92646 2 Esparza, Patty From: Stephenson, Johanna Sent: Monday, August 20, 2012 12:33 PM To: Esparza, Patty Subject: FW: LEBARD PARK From: Larry/Linda Lee [mailto:lee2l@aol.com] Sent: Monday, August 20, 2012 12:31 PM To: CITY COUNCIL Cc: edkerins@netscape.net; stevenkatzi@verizon.net Subject: LEBARD PARK Dear City Council, Our family and several hundred residents of Meredith Gardens oppose the destruction of Lebard Park for the development of the former school site into something that is financially irresponsible and would have a negative impact on our community by taking away open space. Why ruin a pleasant park that has existing safe play areas (they are not under the Edison power lines) and mature trees that are over 50 yeard old? We do not need another urban jungle. Regards, Larry and Linda Lee 10262 Wesley Cir. Huntington Beach, CA. i 14-962-8319 SUPPLEMENTAL COMMUNICATION Moo"Date: ,/o- o� ,ate ftm No. /_ 1 RECEIVED FROM azl� AS PUBLIC RECORD Ft? IL lE}BA4G OF CITY CLERK CF ICE ,OAN L.FLYNN,CITY CLERK 8/20/2012 20532 Suburbia Lane Huntington Beach,Ca. 92646 (alandwalls@aol.com) 714/968-4438 City Council City of Huntington Beach 2000 Main Street Huntington Beach,92648 RE:Opposition to Expenditure of Public Monies for Environmental Documentation since HBCSB's Proposal for LeBard Park is Non-Compliant with Federal Flood Requirements. Dear City Council Members: On behalf of the appointed committee for the 150 families of the Suburbia Park tract which is adjacent to LeBard Park, please recognize current federal flood requirements that currently apply to new development of the park(HBCSB proposal attached),would result in the city expending very substantial funds to bring the drainage infrastructure into compliance. Since these requirements are presently well- known to the city with their consequent expense, an environmental documentation is superfluous. At the time of Suburbia's development in 1965, 15 year flood year events were permitted. Since then as you are aware,federal guidelines require HB's flood management plans to service 100 year flood events. The City of HB's Flood Management and Urban Runoff Plan (CRUMP), indicates that Suburbia and Shore Crest East are non-compliant with current federal guidelines, resulting in the need for substantial infrastructure upgrade expense to properly drain the areas of GlenMar, Meredith Gardens,Suburbia, and Shore Crest East. Even the current drainage system for the adjacent intersection to LeBard Park of Cynthia Dr. and Suburbia Ln, allows rain water to build to floorboard depths and the 30 proposed new houses,which would supplant the water-absorbing park grassland, exit onto Cynthia Dr.% block from that same intersection. Further, an environmental study of the Edison easement area of Lebard Park, prepared by WRC Consulting Services, Anaheim, Ca. on 2/25/2005 and forwarded to HB Community Development Dept. on 11/7/2005 from the HB River Park Foundation,found it unsuitable for development due to runoff of water and pollutants from the adjacent nursery, poor drainage, and elimination of fauna designated as species of"special concern" by Ca. Fish and Game. Given the currently available information, it is premature and fiscally irresponsible, to spend public monies, be they from the City or School Board,for an environmental documentation at his time. Sincerely, 6)� Alan D.Walls Attachment I t 1 * 9 Sy yi��x "J • r� i 'E °, VM `'�Y,S•p � t. Uj f� ,,�"� *b�' *.,x 1,j Im 1 � w' -d S ,e. M Iffiw •,qi'1 ' '"G` -� ^'? r � �,__}}� r Ai 11S,i6�' Mp '� ,4.."'d ;--� `�„�:.yp' "�7 "'A'v •`CRg $~ws�. .��+"�4 g'�' ��''�"€�x9+�.v,�g ,k� gam' f `�' j atti. :i OF, `�+ : k i i e X X X f Es aria, Pa From: t Stephenson, Johanna Sent: Tuesday August 21_,.201.2 11 A6 AM k To: Esparza, Patty Subject: District District loan � � Johanna Stephenson /Executive Assistant/johanna.sephenson@surfcity-hb.org /O: 714.536.5575 / C: 714.536.5233 From: Bob Hardy [mailto:rhardy2@socal.rr.com] Sent: Tuesday, August 21, 2012 11:42 AM To: Shaw, Joe Cc: Stephenson, Johanna Subject: School District loan Councilman Shaw Thank you for having the courage to vote against the loan to the school district(agenda item#13). The City will be very lucky to ever see a repayment of that taxpayer money or a good result from it. Bob Hardy 20612 Lavonne Ln. Huntington Beach, CA 714 378-0028 SUPPLEMENTAL COMMUNICATION feting Date: Agenda Item No. ,—LL--- ® City ®f Huntington Beach w 2000 Main Street s Huntington Beach, CA 92648 - (714) 536-5227 ♦ www-huntingtonbeachea.gov ' Office of the City Clerk . /7,19g p Joan L. Flynn, City Clerk August 22, 2012 Huntington Beach City School District Attn: Gregg Haulk 20451 Craimer Ln Huntington Beach, CA 92646 Dear Mr. Haulk: Enclosed for your records is an copy of the "Reimbursement Agreement Between the City of Huntington Beach and Huntington Beach City School District for Costs Incurred for LeBard Park and Residential Project CEQA Documentation." Sincerely, Joan L. Flynn, CIVIC City.Clerk JF:pe Enclosure G:followup:agrmtltr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand ® City of Huntington Beach 200o Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov fFe,;7 1g09 "°' : office of the City Clerk 1 ' Joan L. Flynn, City Clerk August 22, 2012 Atkins North America, Inc. Attn: Carrie Garlett 12301 Wilshire Blvd., Ste. 430 Los Angeles, CA 90025 Dear Ms. Garlett: Enclosed for your records is a signed copy of the "Professional Services Contract Between the City of Huntington Beach and Atkins North America, Inc. for the Lebard Park and Residential Project CEQA Documentation." Sincerely, J en L. Flynn, IC/M City Clerk JF:pe Enclosure G:f611owap:agrmt1tr Sister Cities: Anjo,Japan ♦ Waitakere, New Zealand