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HomeMy WebLinkAboutPBS&J (formerly EIP Associates) - 2007-10-15 (5) 7 Council/Agency Meeting Held DO'S Deferred/Continued to *Appr ved ❑ Conditionally Approved ❑ Denied �S It erk ignatur Council Meeting Date 10/15/2007 Department Number PL07-33 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR CITY COUNCIL SUBMITTED BY PE �LOPELBRETH-GRAFT DPA CITY ADMINISTRATOR PREPARED BY SCOTT HESS DIRECTOR OF PLANNING/`"- SUBJECT APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PBS&J FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR THE BELLA TERRA PHASE II PROJECT APPROVE REIMBURSEMENT AGREEMENT WITH BELLA TERRA PHASE II ASSOCIATES LLC Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Transmitted for City Councils consideration is a professional services agreement with PBS&J for preparation of an Environmental Impact Report (EIR) for the Bella Terra Phase II project and a reimbursement agreement with Bella Terra Phase II Associates LLC to fund the EIR Funding Source An appropriation of $399 820 from the General Fund to the Planning Department Professional Services Account 10060201 69365 is required These funds will be offset by the attached reimbursement agreement with the developer of the project Bella Terra Phase II Associates LLC Recommended Action Motion to 1 "Approve the Professional Services Agreement in the amount of Three Hundred Ninety Nine Thousand Eight Hundred Twenty Dollars ($399 820) as prepared by the City Attorney between the City and PBS&J and authorize the Mayor and City Clerk to sign 2 "Approve the Reimbursement Agreement in the amount of Three Hundred Ninety -A5 Nine Thousand Eight Hundred Twenty Dollars ($399 820) as prepared by the City Attorney with Bella Terra Phase II Associates LLC and authorize the Mayor and City vG Clerk to sign r- REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER PL07-33 3 Appropriate funds in the amount $399 820 from the City General Fund to the Planning Department Professional Services Account to account 10060201 69365 for the Professional Services contract between the City and PBS&J which is funded by a reimbursement agreement Alternative Action(s) The City Council may make the following alternative motions 1 Deny the Professional Services Contract between the City and PBS&J " 2 Deny the Reimbursement Agreement between the City and Bella Terra Phase II LLC 3 Continue the item and direct staff accordingly Analysis A PROJECT BACKGROUND Applicant Bella Terra Phase II Associates LLC 109 South La Cumbre Lane Santa Barbara CA 93105 Location North Side of Edinger Avenue East of Gothard Street (former Montgomery Wards site) The proposed project is located at 7777 Edinger Avenue in the northern part of the City of Huntington Beach, immediately adjacent to Bella Terra an approximately 777 000 square foot shopping center which is owned by an affiliate of the applicant The site is bordered by Center Avenue to the north, Edinger Avenue to the South the Bella Terra mall to the east and a railroad right-of-way and commercial property to the west The existing Bella Terra is currently referred to as Phase I, the proposed project is currently referred to as Phase II " The Phase II project site comprises 15 86 acres with a General Plan designation of CR-F2-sp-mu (F9) This designation translates to Regional Commercial-0 5 FAR-Specific Plan Overlay-Mixed Use Overlay The F9 denotes the floor area ratios and densities allowed under the mixed use scenario and specifies an overall maximum total building area FAR of 1 5 commercial only FAR of 0 5 and 25 residential units per net acre The cumulative total of commercial area FAR and residential density cannot exceed the total building area FAR of 1 5 The project site currently has zoning designation of Specific Plan No 13 which allows for development of regional commercial uses but does not permit residential uses The existing land use is an approximately 190 100 square foot retail building formerly occupied by Montgomery Wards on the eastern portion of the property and an approximately 18 600 square foot auto repair facility on the southwestern portion of the property 2 9/25/2007 3 46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER PL07-33 The environmental documentation will analyze the environmental effects of changing the General Plan and zoning and developing a mixed-use project consisting of approximately 150 000 square feet of commercial space, 500 residential units and associated parking and infrastructure The EIR will evaluate impacts in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible B CONSULTANT SELECTION PROCESS Staff solicited proposals from five qualified consultants for this project - PBS&J (formerly EIP Associates) - Hogle Ireland - The Planning Corporation - BonTerra Consulting - PCR Services Corporation Staff distributed Requests for Proposals for three EIRs concurrently to these five consultants Bella Terra Phase II The Ripcurl Project and the Beach Boulevard/Edinger Avenue Corridor Study Each consultant had the options of submitting for all three any combination of two or any singular project PBS&J submitted for each of the three projects For the Bella Terra Phase II BonTerra was the only other vendor who submitted a proposal Proposals were reviewed by staff from the Planning Department and Economic Development Department Although BonTerra submitted a proposal that was adequate the PBS&J proposal was rated as superior by staff due to their high level of technical expertise and experience with the City of Huntington Beach PBS&J (then EIP) prepared the Environmental Impact Report for Pacific City the Strand the Waterfront Grand Resort and Conference Center the Newland Street Residential and the Northam Ranch House project They are currently preparing the EIR for the proposed Senior Center as well C STAFF RECOMMENDATION A Professional Services Contract between the City and PBS&J is necessary to prepare the required EIR This contract will require an appropriation of funds by the City Funding for the EIR is included in the reimbursement agreement with Bella Terra Phase II Associates LLC the developer of Bella Terra II Staff recommends the City Council approve the contract with PBS&J in the amount of $399 820 00 and authorize the Mayor and City Clerk to execute the documents Staff recommends the City Council approve the Reimbursement Agreement with Bella Terra Phase II Associates LLC There have been many reimbursement agreements requested by 3 9/25/2007 3 46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER PL07-33 staff and the development community for environmental documentation This is an acceptable method to give developers greater assurance of timely entitlement processing and a greater level of detailed environmental evaluation Strategic Plan Goal Land Use Development Project 1 Revitalize Old Commercial Centers The EIR is the requisite first step in creating new development at the former Montgomery Wards site that has been vacant since 2001 Environmental Status Projects over which public agencies exercise ministerial authority such as this agreement contracting for preparation of environmental documentation are categorically exempt from the California Environmental Quality Act pursuant to Section 15300 1 Attachment(s) City Clerk's P2ge Number No. Description 1 Professional Service Agreement with PBS&J Reimbursement Agreement with Bella Terra Phase 11 Associates LLC f!3 Fiscal Impact Statement RCA Authors Broeren/Davis 4 9/28/2007 1 42 PM ATTACHMENT # 1 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PRS&,T FOR Preparation of an Environmental Impact Report for the Bella Terra Phase II Project 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 Entirety 10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PBS&.T FOR Preparation of an Environmental Impact Report for the Bella Terra Phase II Project THIS AGREEMENT ("Agreement') is made and entered into this day of //)(7-FO.QL-7� 20 0?�'by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and PBS&J a Florida Corporation hereinafter referred to as CONSULTANT " WHEREAS CITY desires to engage the services of a consultant to prepare an Environmental Impact Report for the and Bella Terra Phase II Project 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 l 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 Terri Vitar who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement aereehorms/profserv]0/15/01 A 1 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 as soon as practicable after the execution of this Agrees ent by CITY e r/1/ e "Commencement Date") This Agreement shall expire sooner terminated as provided herein All tasks specified in Exhibit "A" shall be completed no later than 36 months from the Commencement Date of this Agreement These times may be extended with the written permission of CITY The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A " This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT 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 Three Hundred ninety nine thousand Dollars($ 399,820 00 ) Eight hundred twenty 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 such work only after receiving written authorization from CITY Additional agree/forms/protservl0/1�-/01 A 2 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 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 agree/torms/profservl0/15/01 A 3 approve selection of CONSULTANT's counsel This 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 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, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY 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 agree/forms/profser00/15/01 A 4 10 CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furmsh 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 shall 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 heremabove 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 CONSULTANT shall secure at its own cost and expense and be responsible for any and agree/forms/profserv]0/15/01 A 5 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 heremabove 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/forms/protservl0/15/01 A 6 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 heremabove) 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 PBS&J ATTN Mary Beth Broeren 2000 Main Street ATTN Terri Vitar Huntington Beach, CA 92648 12301 Wilshire Boulevard, suite 430 Los Angeles, CA 90025 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 agree/forms/profservl0/15/01 A 7 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 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 agree/forms/profservi0/15/01 A 8 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 fable 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, agree/torms/protservl0/15/01 A 9 each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing 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 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 Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/forms/profservl0/15/01 A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written CONSULTANT PBS&J CITV OF HUNTINGTON BEACH, a municipal co oration of the State of California By ` Director f g 8nner (Pursuant To HBMC§3 03100) ld J.ArPeI`r1F+nt print name ITS (circle one)Chairingresiden ice President APPROVED AS TO FORM AND S C ' C� �-"'� )- City Attorney B S(kbfifferREVIEWED AND APPROVED OCUMUSKJWnt name ITS (circle on Secretary hief Financial Officer/Asst Secretary—Treasurer City Administrator (only for contracts$50 000 00 and over) Mayor PP.M.) City Clerk agree/forms/profservl0/15/01 A l I EXHIBIT "A" A STATEMENT OF WORK (Narrative of work to be performed) RBF Consulting will prepare an Environmental Impact Report for the Bella Terra Phase II Project A copy of the scope of work is attached B CONSULTANT'S DUTIES AND RESPONSIBILITIES 1 See attached scope of work 2 C CITY'S DUTIES AND RESPONSIBILITIES I Consultant will perform as an extension of staff 2 City will make timely payments as outlined in Exhibit`B " D WORK PROGRAM/PROJECT SCHEDULE See attached scope of work jmp/contracts group/exA/9/11/07 Scope of Work Project Understanding The proposed Bella Terra Phase II project is located at 7777 Edinger Avenue in the northern portion of the City of Huntington Beach and is bordered by Center Avenue to the north, Edinger Avenue to the south the existing Bella Terra mall to the east and a railroad right-of-way and commercial property to the west The 15 86 acre project site contains two buildings that were formerly occupied by Montgomery Wards a 190 100 square foot retail building on the eastern portion of the project site and an approximately 18,600 square foot auto repair facility on the southwestern portion of the property The Montgomery Wards building was originally an anchor tenant of the former Huntington Beach mall, which was developed in 1967 as one of the first enclosed shopping malls in Southern California Montgomery Wards vacated the building and the auto repair center in 2001 The existing Bella Terra mall which is referred to as Phase I of the Bella Terra development is a 777 000 square foot shopping center The proposed project,which is Phase II of the Bella Terra development is the last and final phase of development The property owner and Applicant is DJM Capital Partners Inc Phase II of the Bella Terra development includes an 840,190 square foot multi level mixed use retail office, and residential development, excluding structured parking The total lot coverage excluding structured parking, is approximately 241 900 square feet or approximately 35 percent of the project site The total lot coverage including structured parking is approximately 346,000 square feet or approximately 50 percent of the project site Based upon information contained in the June 14 2007, City of Huntington Beach Planning Department Newsletter, we understand that the proposed project would consist of approximately 150 000 square feet of commercial uses and 500 residential units (for both ownership and rental uruts) For purposes of this proposal it is assumed that the balance in square footage between the 840190 square feet of mixed-uses described in the RFP and the 150,000 square feet of commercial uses described in the Planning Department Newsletter would accommodate the 500 residential units Phase II of Bella Terra would be developed in five blocks ranging in height from two stories to five or six stories The project site has an existing General Plan designation of CR-F2 sp-mu (F9) This designation translates to Regional Commercial 0 5 floor area ratio (FAR)-Specific Plan Overlay-Mixed Use Overlay The F9 denotes the FARs and densities allowed under the mixed use scenario An overall maximum total building area FAR of 15 would be allowed with a commercial FAR of 0 5 and 25 residential units per net acre The cumulative total of commercial area FAR and residential density cannot exceed the total building area FAR of 15 Specific Plan No 13 which was approved by the Huntington Beach City Council in 2000 and provides zoning for both phases of the Bella Terra development allows regional commercial uses but does not 12 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR Scoot • permit residential or mixed uses As such, along with certification of the environmental document,which is the subject of this proposal the proposed project would require the following entitlements ■ A General Plan Amendment (GPA) to increase the allowable residential density and the maximum number of stories Currently a maximum of 25 residential units per acre is allowed and the conceptual plan depicts approximately 38 residential units per acre Also the General Plan currently allows a maximum of four stories while the conceptual plans depict approximately five to six stories The GPA is subject to approval by the Planning Commission and City Council ® A Zoning Text Amendment (ZTA) to allow residential uses and establish residential design and development standards in Specific Plan No 13 The ZTA is subject to approval by the Planning Commission and City Council ■ A Site Plan Review (SPR) to allow development of the residential and commercial uses The SPR is subject to approval by the Planning Director but would be processed by the Planning Commission if submitted concurrently with the other entitlements ■ A Tentative Tract Map (TTM) to subdivide the property The TTM is subject to approval by the Planning Commission We understand that the City would provide EIP/PBS&J with a copy of the Initial Study for Bella Terra Phase 1, as well as Specific Plan No 13 We are assuming that the Initial Study preceded preparation of a Mitigated Negative Declaration or an EIR for either Specific Plan No 13 (as a whole) or Bella Terra Phase I (in part), we would also appreciate a copy of that documentation EIP/PBS&J is currently in possession of the City s 1996 General Plan and its Municipal Code Project Approach The approach of the EIP/PBS&J Project Team is based on meeting the following objectives ® Accurately reviewing and integrating the technical analyses prepared by the Applicant into the environmental document ■ Serving as a key element of the City's team to anticipate controversial issues provide unbiased recommendations devise solutions to potential impacts and/or other issues that may arise, and provide expert planning policy and environmental compliance consultation ® Committing senior management to the project to provide close coordination with and accessibility to the City to ensure technical accuracy, document objectivity and legal defensibility ® Complying with the California Evzronmental Quality Act (CEQA) the current CEQA Guidelines and current case law and serving as a public educator of CEQA and the CEQA process ® Complying with all unique City processing requirements In Responding to all significant issues of concern raised by the various governmental agencies private entities individuals and community groups a Submitting all required deliverables within the mutually agreed upon time frames It is assumed that a project level environmental impact report will be completed for the proposed project given the level of specificity that is currently available or is anticipated to be available when preparation of the environmental document commences It is further assumed that data and/or analysis contained in other relevant environmental and planning documents will be utilized as appropriate to ensure Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 13 consistency with other approved analysis methodologies and impact conclusions and to eliminate the duplication of data collection EIP/PBS&J will take full responsibility for project inittauon and organization data compilation impact assessment, development of mitigation measures report compilation monitoring and review for CEQA adequacy attendance at public meetings response to public comments coordination of the internal Project Team, and preparation of a Mitigation Monitoring and Reporting Program Report format and content will be in full compliance with CEQA (as amended through the date of submittal of the draft EIR), the CEQA Guidelines (also as amended through the date of submittal of the draft EIR) and the City's environmental guidelines and procedural requirements General EIR organization will include a discussion of existing conditions, potential direct and indirect/secondary environmental impacts and the recommendation of mitigation measures for each affected issue area To present information in a concise and easily understood format, text will be supplemented with graphics charts maps, and tables on 81/2-by-11 white paper unless a larger format is critical to the readability of the document Work products will consist of professionally photocopied reports in comb bindings which are printed on recycled paper The majority of graphics, charts, and maps will be presented in black ink although some color graphics may be included to help convey necessary information All work products will be submitted in hard-copy format and on CD and will be prepared using Microsoft Word and other formats that are compatible with the City s software applications All documents and plans shall be the property of the City of Huntington Beach TASK 1 Participate in Project Startup Activities Subtask 1 A Attend Project Kick-Off Meeting EIP/PBS&J will attend one project kick-off meeting with representatives from the City of Huntington Beach and, most likely, the Applicant s team The purpose of the kick off meeting is to compile the relevant background data and reports, clearly define the proposed project for the purposes of the environmental analysis begin to compile a list of cumulative projects, discuss the project schedule and important assumptions for achieving the schedule, identify all anticipated discretionary actions establish early communication among various project team members, as well as the protocols for ongoing communication, and to familiarize the EIP/PBS&J project team with the issues and concerns that the City determines to be important issues for analysis in the environmental document Based on the discussions and issues raised during the kick off meeting the EIP/PBS&J project management team will refine the scope of work schedule, and budget if necessary List of Products ❑ Submit one (1) written request for additional information if necessary Task 2 Prepare Technical Studies This task will include the preparation of five technical studies as specified in the RFP for the proposed project These technical studies will include traffic, air quality, noise geotechnical and wet utilities (water 14 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR sewer and storm drain) The Traffic Technical Study will be prepared by Austin Foust Associates Based on the Austin Foust Associates (AFA) traffic report EIP/PBS&J will prepare the Air Quality and Noise Technical Studies We understand that the Applicant will be preparing a geotechnical study for the proposed Bella Terra project site EIP/PBS&J will use that information as appropriate and only upon independent verification of its accuracy along with any additional information gathered from industry standard sources to prepare the geotechnical study EIP/PBS&J will prepare the Wet Utilities Technical Study based on any information submitted by the Applicant, as appropriate and only upon independent verification of its accuracy along with additional information collected from the City s Public Works Department Each of the technical studies will appear as appendices to the EIR As an optional task we have included an SB 610 Water Supply Assessment (WSA) to be prepared in house by EIP/PBS&J staff Each of the technical studies will appear as appendices to the EIR The information in the technical studies will be used for the preparation of the associated EIR sections In addition, EIP/PBS&J and/or AFA will meet with the involved regulatory agencies such as Caltrans, the South Coast Air Quality Management District, the Santa Ana Regional Water Quality Control Board the Orange County Flood Control District Environmental Management Agency or the Orange County Sanitation District regarding the content and/or results of the technical studies If necessary the technical studies will be revised based upon the input and recommendations of the involved regulatory agencies The Project Manager or Deputy Project Manager will review each technical study prior to submission to the City to ensure that it accurately describes the project and meets the parameters set forth in the scope of work Subtask 2A Prepare Air Quality Technical Study The City of Huntington Beach is located in the South Coast Air Basin and is within the jurisdiction of the South Coast Air Quality Management District (SCAQMD) The air pollutants of greatest concern in the South Coast Air Basin are ozone, NOx, CO, PM10 and PM2 5 The Air Quality Technical Study will provide an introductory discussion of the air pollutants of concern in the region, summarize local and regional air quality describe pertinent characteristics of the air basin and provide an overview of the physical conditions affecting pollutant buildup and dispersion in the City and/or basin The setting will also discuss the sources types and health effects of air pollutants Local carbon monoxide (CO) concentrations will be modeled at up to ten intersections to be selected in coordination with the City of Huntington Beach and Austin Foust Associates Local CO impacts associated with project traffic will be predicted using the CALINE 4 program and compliant with the recommendations of the CALTRANS Carbon Monoxide Protocol (Revised December 1997) The CALINE 4 computer dispersion model will be applied to the ten intersections most affected by project traffic and nearby proximity to sensitive receptors The Air Quality Technical Study will also evaluate potential air quality impacts of project related construction activities The maximum expected equipment to be in use during each phase of construction will be used to quantify maximum daily emissions Emissions will be compared to the thresholds of significance presented in the SCAQMD Handbook Mitigation measures for construction related particulates will follow guidance from the SCAQMD CEQA Handbook ISCST3 dispersion Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 15 modeling will be performed for construction of the proposed project using the BEEST (Bee-Line Software version 9 50) dispersion model, because the project site encompasses 15 86 acres (for projects less than 5 acres, an LST screening analysis would apply) The regional criteria pollutant analysis will examine vehicular and stationary sources associated with operation of the proposed project Based on estimated vehicle trips, vehicular emissions of carbon monoxide ozone precursors (reactive organic gases and oxides of nitrogen), and small particulate matter (PM10) will be predicted and quantified using EMFAC 2007 emission factors and the California Air Resources Boards URBEMIS 2007 software which will then be compared to the SCAQMD significance thresholds to determine whether the proposed project would violate a State or federal air quality standard or contribute substantially to an existing or projected air quality violation The criteria pollutant emissions from future stationary sources (such as HVAC equipment) will also be estimated in the same manner The SCAQMD s regulatory structure to evaluate and offset these emissions will be described The Air Quality Technical Study will also qualitatively evaluate the potential exposure of sensitive receptors to substantial pollutant concentrations where the project may cause emissions of identified pollutants in excess of the pounds per day or tons per quarter standards established by the SCAQMD Mitigation measures will be identified for potentially significant impacts, and their effectiveness will be quantified to the extent feasible Potential conflicts with or potential to obstruct implementation of the applicable air quality plan where it may cause or contribute to emission of identified air pollutants in excess of levels stated in the plan or where it may fail to implement a remedial or mitigation measure required under the plan unll be analyzed In addition global warming (or climate change) will be addressed using a methodology that will be developed in close coordination with the City of Huntington Beach recognizing that the state of art for this issue is rapidly changing and we must be compliant with the currently acceptable methodologies for analysis and we must also be aware of the precedent-setting nature of this analysis for future environmental documents That said based upon guidance from the South Coast Air Quality Management District at a greenhouse gas meeting on July 18 2007 at a minimum the environmental document must (1) estimate the greenhouse gas emissions for the proposed project, (2) establish a link between the projects greenhouse gas emissions and potential impacts (3) identify mitigation measures that would apply to the proposed project as published by the California Climate Action Team, and (4) make a significance determination The SCAQMD went on to suggest it was better to make a significant and unavoidable impact determination in order to avoid potential problems associated with a less than significant ( drop in the bucket ) determination however most of the analyses the SCAQMD has seen have identified less than significant impacts Additional guidance with respect to global warming (or climate change) has been published in a white paper by the Association of Environmental Professional entitled Alternative Approaches to Analyse Greenhouse Gas Emissions and Global Climate Change in CEQA Documents (Revised Draft, April 27 2007) Other useful guidance is also provided in Greenhouse Gas Emissions and Climate Change CEQA Catches up with Science, Celebntzes, and Product Placement (California Land Use Law and Policy Reporter June 2007) EIP/PBS&J has already prepared several global warming analyses based on this guidance and would be able to do so for the proposed project 16 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR Scepei The cumulative net increase of criteria pollutants for which the project region is in non attainment will be analyzed to determine if the project emissions considered cumulatively will increase the level of any criteria pollutant above the existing ambient level Subtask 213 Prepare Geotechnical Technical Study EIP/PBS&J's in-house registered Professional Geologist will review the geotechnical investigation prepared for the project site by the Applicant as well as readily available geologic and/or soils maps, published literature stereoscopic aerial photographs and information, reports and/or plans with information regarding geology and/or soils provided by the City Because the project site is entirely developed a site reconnaissance is not anticipated to reveal any significant information relative to surface and subsurface geologic conditions, nonetheless a brief site investigation will be conducted to provide a complete geotechnical study This scope of services does not include primary data collection such as subsurface exploration or laboratory testing The Geotechnical Technical Study will report the type and magnitude of seismic activity typical in this portion of Orange County including the location of the nearest earthquake fault While the Newport- Inglewood fault zone travels through the City of Huntington Beach, it does so near the coast as do several other inactive faults such as the Bolsa Fairview Fault the Yorktown Avenue Fault the Adams Avenue Fault, and the Indianapolis Avenue Fault No faults are known to exist in the northern portion of the City above Talbert Avenue Nonetheless because Southern California is in a seismically active area, the Geotechnical Technical Study will address seismic activity and its potential to affect occupants of the proposed project In addition the suitability of the on-site soils for the proposed development will also be identified and discussed particularly as they may present potential risks to future occupants Based on the information collected the general soils and geologic conditions that could affect the area will be discussed and potential impacts will be identified Because the depth to groundwater could be as little as 5 feet according to the City of Huntington Beach s General Plan the Geotechnical Technical Study will also identify mitigation measures to address groundwater dewatering (during construction and/or operation) Standard construction techniques and compliance with City and State standards (including the Uniform Building Code and California Building Code) can eliminate or minimize most geological and soils hazards Accordingly these techniques and standards will be identified and discussed with respect to the proposed project and additional mitigation measures if required will also be presented Subtask 2C Prepare Noise Technical Study The Noise Technical Study will address the impacts of the project on background noise levels (due to vehicular trips and the nearby Southern Pacific Railway line) and exposure to potentially excessive noise levels (due to proposed uses at the project site) The Study will also analyze potential impacts to proposed residences at the project site Existing information will summarize the nature of sound noise and groundborne vibration, and will introduce acoustical terms that relate to the noise analysis Relevant State and local noise standards and guidelines will also be summarized Potentially vulnerable existing noise sensitive land uses in the project vicinity will be identified such as the residences located at Old Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 17 World Village Existing ambient daytime noise levels will be measured at five selected locations within and around the proposed project site to establish current baseline noise levels These locations will be identified on a map The daytime noise levels will be measured using a Larson Davis Model 814 precision sound level meter which satisfies the American National Standards Institute (ANSI) for general environmental noise measurement instrumentation Noise will be characterized in the following terms ■ L 9 the egwvalent energy noise level is the average acoustic energy content of noise for a stated period of time for evaluating community impacts this rating scale does not vary, regardless of whether the noise occurs during the day or the night ® L,,,,,, the minimum instantaneous noise level experienced during a given period of time ® Lm , the maximum instantaneous noise level experienced during a given period of time Existing 24-hour noise levels will be calculated for various roadway segments in the project vicinity using the Federal Highway Administration Highway Noise Prediction Model (FHWA RD-77-108) and current traffic counts from the Traffic Technical Study prepared for the project by Austin Foust Associates The model will calculate the average noise level at specific locations based on traffic volumes average speeds roadway geometry and site environmental conditions Vehicle noise energy rates in the FWHA model will be modified to incorporate rates utilized by Caltrans which better represent vehicle noise levels in California The analysis of operational noise impacts will address future noise levels at the project site and in the project vicinity Future noise levels along the roadway segments in the project vicinity will be calculated to determine whether traffic generated by the project causes a substantial increase in noise at off-site locations Noise levels generated during construction will be estimated based upon anticipated construction schedules, techniques and building types, and all assumptions in the noise analysis will be consistent with the Air Quality Technical Study and the Traffic Technical Study The potential for construction noise to impact nearby noise-sensitive land uses (i e residences at Old World Village) will be characterized by quantifying anticipated noise levels (e g based on distance) Furthermore vibration impacts from project related construction activities will also be evaluated if any pile-driving or other vibration inducing activities occur According to the Noise Element of the City of Huntington Beach General Plan the noise level standards adopted by the City are more stringent than the State Office of Noise Control guidelines for residential and commercial noise levels In addition, the City s Noise Ordinance places limitations on noise produced by equipment operation human activities, and construction This particular regulatory environment would be presented in the EIR and used to evaluate potential impacts For any impacts that exceed identified significance thresholds, feasible mitigation measures will be identified which may include modification of construction techniques or hours changes in project design or layout provision of temporary or long term barriers to noise transmission or limitations on outdoor nighttime activities 18 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR Scdpe of Obw Subtask 2D Prepare Traffic Technical Study The Traffic Technical Study will be prepared by Austin Foust Associates Inc (AFA) The traffic analysis will carry out both a short range and long-range analysis of the proposed project The short-range analysis will identify project impacts related to additional traffic on the surrounding area street system The long range analysis will focus on the difference between the existing conditions and entitlements and the proposed project A special analysis will be carried out to identify suitable trip rates for the mixed use residential uses and the retail expansion (1 e, additional square footage in an existing center) The rates will be incorporated into the Huntington Beach Traffic Model (HBTM) The short range analysis will define cumulative conditions either by specifically adding known projects in the area or by developing a suitable interpolation between existing and long-range volumes This short- range analysis will thereby provide the "ground to plan analysis for EIR purposes The long range part of the analysis will compare the current General Plan land uses with those proposed by the proposed project (i e , a plan to plan analysis) Year 2025 forecasts will be produced using the HBTM for a study area that is defined according to the potential impacts of the proposed changes The analysis will use peak hour intersection forecasts for identifying potential impacts and mitigation measures The following are the work tasks to be carried out for the traffic study 1 Existing Conditions—An existing conditions section of the traffic report will be prepared using recent count data collected as part of the Citywide traffic count program Some additional counts will be made at driveway locations in the immediate project vicinity (i e on Center and Edinger) 2 Short-Range Analysis—The short-range analysis will compare the impacts of the Proposed Project in a short-range time frame Background (No Project) conditions will be derived either from related projects or interpolation between existing and future (or a combination of both) The project trips will then be added to these background conditions to show the standalone impacts of the project 3 Long-Range Analysis The long range analysis will compare existing General Plan land uses with the proposed project land uses Traffic forecasts will be produced for the two sets of land use and trip generation inputs and intersection capacity utilization (ICU) values derived for the intersections in the study area 4 Mitigation Measures—Using the results from Tasks 2 and 3 an evaluation will be made of the current long-range transportation improvements that have been identified for buildout of the General Plan land uses Where appropriate changes will be proposed to that long-range plan 5 Special Issues—This task will address any special traffic issues with respect to the project including access onto the local street system This access evaluation will ensure that the project does not create any potential problems with respect to intersection operations 6 Traffic Report/MeetingsA traffic report will be prepared describing the results of the traffic study It will be prepared in a format suitable for information to be extracted for the EIR and will form a stand alone appendix for the EIR AFA Staff will attend up to three work sessions with the project team and up to two public meetings This task will also allow for assistance in responding to comments on the EIR Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 19 Subtask 2E Prepare Wet Utilities (Water Sewer, and Storm Drain) Technical Study The Wet Utilities (sewer water and storm drain) Technical Study will focus on the adequacy of existing City and/or County systems to accommodate the proposed project Importantly as an engineering firm EIP/PBS&J has registered Professional Engineers who would prepare this technical study in close coordination with our CEQA specialists, thereby capitalizing on the skills of engineers planners, and scientists without requiring the need for additional subconsultants With respect to sewer the technical study will address whether the sewage generated by the proposed project would exceed the wastewater treatment requirements of the Santa Ana Regional Water Quality Control Board In addition, EIP/PBS&J would also coordinate with the City and the Orange County Sanitation District (OCSD) to ensure that the wastewater treatment provider has adequate capacity to serve the proposed project's projected demand in addition to the provider's existing commitments, at the two OCSD wastewater treatment plants that serve the City of Huntington Beach by providing primary and secondary treatment Similarly the technical study will address whether the wastewater generated by the project would require the expansion of existing wastewater treatment facilities or the construction of new wastewater treatment facilities If inadequate wastewater treatment is identified, measures to provide adequate wastewater treatment will be identified In terms of storm drains the Wet Utilities Technical Study will address whether implementation of the proposed project would exceed the capacity of existing or planned stormwater drainage systems either immediately downstream of the project site or at a potentially constrained confluence of storm drains further downstream through coordination with the City and the Orange County Flood Control District Environmental Management Agency If inadequate stormdrain capacity is identified, measures to eliminate impacts (such as the on site detention retention and/or filtration) and/or upgrading the storm drain facilities will be identified Water quality impacts would be addressed in the EIR The provision of adequate water supply for this project will be accomplished through the preparation of a Water Supply Assessment which is provided as an optional task for the City s consideration Optional Task Subtask 2F Prepare Water Supply Assessment (WSA) Senate Bill (SB) 610 and its companion legislation SB 221 were passed into law in 2001 and amended by Water Code Sections 10631 10656 10910 10911 10912 and 10915 to repeal Section 10913f and to add and repeal Section 10657 These laws reflect the growing awareness of the need to incorporate water supply and demand analysis at the earliest possible stage in the land use planning process As a result of the enactment of SB 610, WSAs must be furnished to local governments for inclusion in any environmental documentation for projects meeting the specified requirements under Section 10912(a) of the Water Code and subject to CEQA A project meets the requirement for SB 610 if it includes any of the following development plans ■ Contains more than 500 dwelling units 20 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR e o ■ Proposes a shopping center or business establishment employing more than 1 000 persons or having more than 500 000 square feet of floor space ■ Proposes an office building employing more than 1,000 persons or having more than 250,000 square feet of floor space ® Proposes a hotel or motel, or both, having more than 500 rooms a Proposes industrial uses planned to house more than 1 000 persons occupying more than 40 acres of land or having more than 650 000 square feet of floor area ® A mixed-use project that includes one or more of the projects specified above ® A project that would demand an amount of water equivalent to or greater than the amount of water required by a 500 dwelling unit project The proposed project consists of the development of 500 residential units and 150,000 square feet (s� of commercial space The proposed residential unit count does not satisfy the requirement of 'more than 500 dwelling units that are required to trigger the need for a WSA Further, the residential development component of the proposed project could be considered exempt based on the `mfill" status under California s Water Code Section 66473 7 which reads (1) This Section shall not apply to any residential project proposed for a site that is within an urbanized area and has been previously developed for urban uses or where the immediate contiguous properties surrounding the residential project site are or previously have been developed for urban uses or housing projects that are exclusively for very low and low income households Further the commercial development component of the proposed project does not trigger the need for a WSA That said, it could be argued that the project would demand an amount of water equivalent to, or greater than the amount of water required by a 500 dwelling unit project Also, a WSA would provide the nexus between land use planning and water supply planning to ensure the proposed developments are accounted for in the growth projections of the Urban Water Management Plan (UWMP) as well as the growth projections for the Metropolitan Water District (MWD) and the Orange County Water District (OCWD),who manages groundwater pumping for the basin The City of Huntington Beach's water utility is the water agency to serve the proposed project The City is a member agency of the Municipal Water District of Orange County which provides "imported water from the Colorado River and the State Water Project via the Metropolitan Water District of Southern California The Orange County Water District manages the groundwater for the basin,which provides 64 percent of the City s water through city owned and operated wells EIP/PBS&J can provide water supply planning assistance in compliance with the requirements of SB 610 Water supply planning under SB 610 requires reviewing and identifying adequate available water supplies necessary to meet the demand generated by the project, as well as the cumulative demand over the next 20 years under a range of water conditions Tasks within this effort include such issues as (1) analysis of past current and projected future water demand (2) past current and projected water supply, (3) consideration of variability in demand and supply figures based upon hydrologic conditions and (4) identification of potential water shortages If it is determined that there are insufficient supplies Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 21 e to meet demand over the next 20 years, the lead agency is responsible for identifying the source of the required supplies Finally according to the requirements of SB 610 if groundwater is a source of supply, there must be a description of the condition of the basin In addition if groundwater is identified as a possible source, Section 10910(� of the Water Code also applies, as such a description of the groundwater basin or basins from which the proposed project will be supplied must be included in the WSA This includes an analysis of the amount and location of past and current groundwater pumping as well as the amount and location of groundwater projected to be pumped to meet the future water demand associated with the proposed project, as well as the projected cumulative demand based on information that is reasonably available including but not limited to historic use records The proposed project will increase the demand for water supplies within the service area As part of this optional task EIP/PBS&J will prepare an Administrative Draft WSA for City staff review and comment The Administrative Draft WSA will be prepared consistent with the requirements of SB 610 EIP will review existing materials and conduct the appropriate supply and demand analysis Included in this task are the following sub tasks ® Determine available water supplies for the region and service areas and summarize this information according to the source of the supply This information will include an observation of trends and reliance on estimated vs verified water usage from all of the City's sources ® Determine what the future demand will be in the service area in terms of number and types of connections as well as the expected demand per class of connection Develop an analysis of projected water supplies over the next 20 years This analysis will include consideration of source water reliability in terms of water quality as well as availability during wet normal and dry years, as well as multiple dry years This analysis will include a discussion of water supplies that meet the requirements under the guidelines of SB 610 ® Identify reasonable alternative sources of water (if available) to meet any recognized shortfalls between projected supply and demand as well as a description of recommended future studies or actions needed to identify and/or acquire additional water ■ Determine the number and types of water service connections associated with the proposed project, as well as the additional demand generated within the City s local service area and allocate water demand to various types of service connections ® Carry the demand analysis out for a projected 20-year period in 5 year increments beginning in 2005 through 2030 and present this information in a tabular format ■ Conduct an assessment of the potential demand versus the available supplies as identified in the above tasks and present this information in the form of a technical study Based on one consolidated set of comments from reviewers on the Administrative Draft WSA EIP/PBS&J will incorporate any corrections and/or modifications and prepare a Draft version of the WSA It is assumed that any comments on the Draft version will be editorial and no new analysis will be required Based on one consolidated set of comments from the City staff on the Draft EIP/PBS&J will prepare the Draft WSA and draft findings for delivery to City staff for review 22 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR Scope of Based on one consolidated set of final comments from City staff on the Draft WSA EIP/PBS&J will incorporate any corrections and modifications and prepare a Final WSA for review prior to publication It is assumed that any comments on the Final WSA will be editorial and no new analysis will be required Based on one consolidated set of comments from the City, EIP/PBS&J will prepare the Final WSA The Final WSA will be provided to the City for adoption It is expected that the information contained in the draft WSA will also be available for use in the CEQA review process and the Final WSA will be appended to the DEIR If it becomes necessary to explore potential water supply alternatives not currently within the Agency s supply portfolio to meet the demand generated by the project and other projects in the area in the future this will be considered beyond this proposed scope of work If additional data collection monitoring or other hydrologic information is required, including the drilling of groundwater monitoring wells and creation of a test pumping program,it will be also be considered outside of this scope of this proposal List of Products ❑ Five (5) Administrative Draft bound hardcopies of the Technical Studies ❑ Five (5) Final bound hardcopies of the Technical Studies TASK 3 Prepare Initial Study/Notice of Preparation and Notice of Completion,' and Attend Scoping Meeting Subtask 3A Prepare Initial Study/Notice of Preparation and Notice of Completion EIP/PBS&J will prepare an Initial Study/Notice of Preparation (IS/NOP) and Notice of Completion (NOC) for the proposed project that is consistent with the procedural and substantive provisions of Sections 15063 and 15082 and Appendices C G, and I of the Cal forma EnmronmentalQuaho Act(CEQA) Guidelines (In recent past an IS/NOP must now also be accompanied with a Notice of Completion instead of a Notice of Availability much like distribution of a Draft EIR) It is assumed that EIP/PBS&J will distribute the NOC to appropriate County, State and Federal agencies through the Office of Planning and Research and will provide a list to the City It is assumed that the City would be responsible for distribution of the NOC to area property owners and organizations within the City as well as publication in a local newspaper and transmittal of the NOC to the County of Orange The Initial Study will be prepared in conformance with the City s Initial Study checklist format (the Environmental Assessment Form') Based upon review and comment by the City, EIP/PBS&J will revise the IS/NOP as appropriate EIP/PBS&J will distribute the IS/NOP to responsible agencies trustee agencies, the Office of Planning and Research (OPR) and any other interested parties It is assumed that the IS/NOP will narrow the focus of the environmental issues addressed in the EIR if only to eliminate agricultural and mineral resources It is assumed that the City will distribute the 1 Note A Notice of Availability is no longer required Instead the Notice of Completion is used for the transmittal of all environmental documents Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 23 e IS/NOP to area property owners and residents During the public review period of the IS/NOP EIP/PBS&J will begin preparation of the EIR in order to reduce the overall project schedule Subtask 313 Attend Scoping Meeting EIP/PBS&J will attend a Scoping Meeting for the proposed project It is assumed that the City of Huntington Beach would coordinate and facilitate the Scoping Meeting and that oversized presentation materials describing or illustrating the project will be provided by the Applicant EIP/PBS&J would provide relevant meeting handouts including the IS/NOP a CEQA Process flowchart, the purpose of the Scoping Meeting and a sign in sheet EIP/PBS&J would also take detailed notes regarding the issues raised by commenting individuals that should be addressed in the Draft EIR In addition EIP/PBS&J would be available to present the purpose of the Scoping Meeting provide an overview of the CEQA process and answer questions raised by the public regarding the CEQA process and/or general questions regarding technical and analytic methods EIP/PBS&J's primary role in the Scoping Meeting is to solicit and/or record public input regarding the scope and content of the Draft EIR Ms Vitar would be available to attend all public meetings and provide all necessary public presentations unless another individual is approved by City staff EIP/PBS&J will prepare a memorandum summarizing the key environmental issues of public concern that were raised at the Scoping Meeting After completion of the scoping process and receipt of IS/NOP comments, EIP/PBS&J will identify issues for which no significant impacts will occur (described as Effects Found Not to Be Significant) and identify potentially significant impacts that will require further evaluation in the EIR List of Products ❑ Five (5) Administrative Draft copies of the Draft IS/NOP ❑ One (1) Administrative Draft copy of the Notice of Completion or City review ❑ Seventy five (75) copies of the Final IS/NOP ❑ One (1) copy of the IS/NOP on CD ROM formatted in Microsoft Word and Portable Document format (PDF) The PDF shall be indexed and searchable by chapter ❑ One (1) Final copy of the Notice of Completion ❑ Attend one (1) EIR Scoping Meeting by EIP/PBS&J's Project Manager and Deputy Project Manager ❑ Fifteen (15) copies of a memorandum outlining issues raised during the EIR Scoping Meeting and community open house TASK 4 Peer Review of Applicant-Prepared Technical Studies Subtask 4A Peer Review of Applicant-Prepared Technical Studies Based on our conversations with the City it is assumed that the Applicant for Bella Terra Phase 11 will provide a geotechn ical study as previously discussed under Task 2 (Prepare Technical Studies) as well as a Phase I Environmental Site Assessment which will be used in preparation of the hazards and hazardous materials section of the EIR (see Task 5) However it is possible that the Applicant may also provide a hydrology report a traffic report and perhaps other technical data or information If any 24 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR additional reports data or information is made available EIP/PBS&J staff scientists and/or specialists or Austin Foust Associates will review the information submitted by the Applicant to independently verify the accuracy of the data and to determine whether it would be useful (in whole or part) for purposes of preparing the EIR It is assumed that EIP/PBS&J would review one version of the technical studies data or information and will provide comments to the City If necessary and approved by the City we would be available to discuss our questions and/or comments with the Applicant or the Applicant's technical representatives TASK 5 Prepare Administrative Draft EIR Subtask 5A Prepare Administrative Draft EIR The objective of this task is to prepare a comprehensive accurate and objective project level EIR for the proposed project that fully complies with CEQA and the CEQA Guidelines (both as amended throughout submittal of the Draft EIR) and all applicable guidance and procedures established by the City of Huntington Beach for the purpose of environmental review The main purpose of the Draft EIR will be to thoroughly and accurately analyze the environmental impacts of the proposed project The document will be as free as possible of jargon so that the information it contains is accessible to the City and the public The methodology and criteria used for determining the impacts of the project will be clearly and explicitly described in each section of the EIR including any assumptions models or modeling techniques used in the analysis The Draft EIR will include the following sections ® Contents I® Introduction ® Executive summary including a comprehensive summary table of impacts and mitigation measures areas of controversy issues to be resolved and a summary discussion of the proposed project and its alternatives ■ Project Description including project objectives purpose and need project location project characteristics, scope of project project alternatives and required approvals ■ Introduction to the Analysis • Environmental Analysis > Environmental Setting > Regulatory Framework (applicable federal State local plans policies and standards) > Thresholds of Significance > Project Environmental Impacts (short-term long-term direct, and indirect) > Mitigation Measures (for potentially significant environmental issues) > Level of Significance After Mitigation > Cumulative Environmental Impacts (short term,long term direct and indirect) ® Alternatives ® Long-Term Implications (including growth inducing impacts a summary of project related and cumulative significant unavoidable impacts and significant irreversible environmental changes or commitments of resources) ■ List of EIR Preparers Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 25 �c,'qpe of Work • References ® Technical Appendices The scope of work for each of the environmental issue areas is further described below with an emphasis on unique and/or important components of the environmental analysis In order to ensure a common understanding of the scope and content of the EIR EIP/PBS&J will prepare a comprehensive list of each of the thresholds that would be evaluated in the EIR, as well as every impact statement that would be addressed to respond to each of the thresholds for review and approval by the project team prior to beginning work on the EIR (some thresholds may contain more than one impact statement) Also if a CEQA threshold (or issue) can be adequately addressed in the IS/NOP rather than a more detailed analysis in the EIR it is specifically identified in the following scope of work It is assumed that the amount and type of development, as well as other key construction and operational features of the project would be available at the beginning of work on the EIR such that an accurate finite, and stable Project Description could be prepared prior to beginning substantial work on the EIR This approach has proven to result in the most expeditious preparation and processing of an EIR It is also assumed that the City would provide GIS graphics (in a JPEG format) that provide a vicinity map, General Plan land use map zoning map assessors parcel map aerial photography and existing utilities map (excluding storm drains) All other graphic exhibits and handouts necessary for meetings study sessions and/or public meetings regarding the environmental document would be provided by EIP/PBS&J with the exception of oversized illustrations of the proposed project or the project site which are typically provided by the Applicant Aesthetics Aesthetics (defined as any element or group of elements, that embodies a sense of beauty) views, daytime glare and nighttime illumination are related elements in the visual environment Visual impacts of a project include the provision of objective visual resources (such as project design elements) and the subjective viewer response to those changes in the visual environment The proposed project would convert two existing 1 stony commercial buildings to a five-block project ranging in height from two to five stories,which would represent a change in the existing visual character of the project site The EIR will provide a description of views to and from the site supplemented by photographs As discussed during our recent meeting it is assumed that the Applicant would prepare visual simulations of the project site showing both before project and after project conditions or the Applicant would make available suitable illustrations of the project site such that its mass, scale size, and architectural features could be viewed from the north south, east and west (and compared to existing site photographs) EIP/PBS&J will analyze whether the proposed project would substantially degrade the existing visual character or quality of the site and its surroundings due to grading, height bulk massing, or architectural style or building materials, location in a visually prominent area, degradation of the visual unity of the area or degradation of views from roadways or adjacent uses Scenic vistas, if any will be described and the projects impacts to scenic vistas will be analyzed Worth noting no State-designated scenic highways or scenic corridors are located near the project site according to the California Department of Transportation (Caltrans) 26 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR Existing sources of light and glare will also be described The EIR will analyze whether the proposed project would create a new source of substantial light or glare that would adversely affect day or nighttime views in the area EIP/PBS&J will evaluate changes in ambient lighting levels including hot spots and spillover onto adjacent areas although there are no sensitive uses located nearby Substantial light can be caused by lighting to illuminate signage or architectural features or for wayfinding purposes and substantial glare can be caused by reflective building materials Due to the notable change in height as a result of the proposed development issues related to aesthetics are anticipated to be an area of considerable attention in the EIR Agricultural Resources It is expected that agricultural resources would be scoped out in the IS/NOP for the proposed project The project site has not been utilized for agriculture purposes since the turn of the century and is not currently designated as prime farmland farmland of statewide importance, unique farmland or local importance and is not subject to a Villiamson Act contract Air Quality As described under Task 2 (Prepare Technical Studies) an Air Quality Technical Study will be prepared by EIP/PBS&J This technical study, once reviewed and approved by the City will provide the basis for the preparation of the EIR air quality section Biological Resources It is expected that biological resources would be scoped out in the IS/NOP for the proposed project The project site has been fully disturbed as the result of previous development activities and consists only of hardscape areas,with limited ornamental trees No native vegetation exists and no sensitive species or habitats are located on site While there are ornamental trees located both on site and off site (in the public right-of-way) that could be directly or indirectly affected by construction activities it is highly unlikely that they would provide suitable habitat for nesting migratory birds given the ample habitat located at the Bolsa Chica wetlands and in nearby Central Park To ensure that no impacts to migratory birds would occur the environmental document (in the IS/NOP and as also reflected in the Mitigation Monitoring and Reporting Program) will include a mitigation measure that requires preconstruction surveys for nesting migratory birds Cultural Resources It is expected that cultural resources would be scoped out in the IS/NOP for the proposed project The project site is developed with an abandoned Montgomery Wards building and an associated auto repair shop neither of which are listed as a historic resource according to the City of Huntington Beach s General Plan Further the site is not listed on any state or federal registers of historical places resources landmarks or points of interest As previously mentioned in the project team member's biographies we will have our in house architectural historian state that the project site is not historically significant Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 27 particularly because the site holds sentimental value for many as the former Montgomery Wards site and it is the last remaining vestige of one of the first enclosed shopping malls in Southern California As with any site in Southern California there is the potential to discover buried cultural resources (paleontological archaeological, or human remains) exists, particularly if subsurface project elements are proposed (i e subterranean parking garage or load bearing structures) EIP/PBS&J will conduct a records check through the South Central Coastal Information Center at California State University, Fullerton and the County of Los Angeles Museum of Natural History (or the San Diego Natural History Museum depending on who has the best records for paleontological resources) to determine whether there are known subsurface resources at the project site Additionally in accordance with Senate Bill (SB) 18 EIP/PBS&J will conduct a records check through the Native American Heritage Commission The request will be prepared by EIP/PBS&J on the City s letterhead If there are known (or recorded) subsurface resources at the project site based upon this inquiry we would develop a cultural resources recovery program under a separate contract authorization However in most cases there are no recorded subsurface cultural resources, and all protection of subsurface cultural resources occurs during the construction process Using standard industry practice we propose to apply a comprehensive set of construction related mitigation measures to reduce this impact to a less-than significant level and much like for biological resources we will include these mitigation measures in the IS/NOP (and also in the Mitigation Monitoring and Reporting Program) Geology and Soils As described under Task 2 (Prepare Technical Studies) a Geotechnical Technical Study will be prepared by EIP/PBS&J This technical study once reviewed and approved by the City will provide the basis for the preparation of the EIR geology and soils section IN Hazards and Hazardous Materials Based on our conversations with the City it is our understanding that the Applicant will provide the Phase I Environmental Site Assessment (Phase I ESA) to determine whether any hazardous conditions could exist at the project site It is assumed that the hazards and hazardous materials section of the EIR will substantially rely upon the Phase I ESA supported by the expertise of our in-house Registered Environmental Assessor The EIR will describe past uses of the project site and will consider the potential for encountering previously unidentified contamination or hazards related to past uses If necessary appropriate mitigation would be identified consistent with the recommendations included in the Phase I ESA The EIR will also describe planned uses at the project site that could create hazards for existing or future residents or occupants, such as those associated with the use disposal transportation or potential upset of hazardous materials including those typically used for commercial and/or residential cleaning Federal State County, and City laws and regulations governing hazardous materials will be summarized Due to the nature of the proposed project it is not assumed that the project would emit hazardous emissions or handle acutely hazardous materials substances or waste within one quarter mile of an existing or proposed school While Goldenwest College is within one-quarter mile of the project site the proposed 28 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR SC464' • project is not anticipated to result in hazardous emissions or handle acutely hazardous materials, substances, or wastes The Southern Pacific Railroad right of way traverses in close proximity to the proposed project site therefore the EIR will evaluate whether the project could result in a safety hazard for people residing or working near a railway line Based upon our recent meeting with the City regarding this RFP we understand that approximately four trains per week use the Southern Pacific railroad tracks that are located east of, but adjacent to the proposed project However,we understand that the City has received funding through the Go Local program which is a program to implement city-initiated transit extensions to Orange County Transportation Authority's Metrohnk commuter rail line which may be used to study the feasibility of using the adjacent railroad tracks for commuter rail purposes The feasibility study is still speculative in that it would only be conducted if the City of Westminster agrees to use its Go Local funding, at least in part, to fund the study and that determination has not yet been made The EIR will also evaluate the extent to which the project could impair or physically interfere with an adopted emergency response plan or emergency evacuation plan or expose people or structures to a significant risk of loss injury or death involving wildland fires, the latter of which is extremely unlikely 11 Hydrology and Water Quality As described under Task 2 (Prepare Technical Studies), a Wet Utilities (Water Sewer, and Storm Drain) Technical Study will be prepared by EIP/PBS&J This technical study once reviewed and approved by the City will provide the basis for the preparation of the portion of the EIR hydrology and water quality section related to storm drain capacity EIP/PBS&J will use our in house Ph D level hydrologist to prepare this section of the EIR and to provide a useful interface with the City s public works department Existing hydrologic conditions will be analyzed in the EIR including the extent and nature of the existing watershed groundwater recharge and supply (which is expected to be nonexistent in this area) drainage conditions and water quality Surface water resources will be described for the project area Existing and planned drainage and flood control facilities will also be described The 100 and 500 year floodplains within the project vicinity will be mapped, and any exposure of structures to the 100 year floodplain will be evaluated According to the Federal Environmental Management Agency the site is located in Zone A which is defined as Areas with a 1% annual chance of flooding and a 26% chance of flooding over the life of a 30 year mortgage Because detailed analyses are not performed for such areas, no depths or base flood elevations are shown within these zones Additional information regarding Zone A, and how it applies to the project site and the proposed project,would be provided in the EIR The potential increase in the rate of runoff as a result of the proposed project will be described and compared to pre-development conditions although it is anticipated that the rate of runoff would remain constant given that the site is currently impervious and would remain impervious The EIR will analyze whether the proposed project would adversely alter the existing drainage pattern of the site such that flooding erosion or other degraded water quality conditions would occur As would be expected impacts related to erosion are not considered likely particularly assuming compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program during construction activities Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 29 e A description of existing water quality conditions will be compiled based on existing studies or inquiries to local agencies The environmental analysis will address potential changes in surface water and groundwater quality as a result of site development EIP/PBS&J will discuss the applicability of relevant water quality regulations to reduce potential effects These requirements would include but would not be limited to the Santa Ana Regional Water Quality Control Board NPDES permit requirements for construction and operational activities, and the Clean Vater Act Section 303(d) list of impaired waterbodies (to the extent that the proposed project could affect such a waterbody) In addition this section would determine whether the project would result in a rate of flow that exceeds any downstream storm drain facility's capacity or result in runoff that exceeds the pre-developed condition The utilities and service system section will reference this analysis in the threshold that addresses storm drain capacity The risk of inundation by tsunamis will be addressed in the EIR, however the risk of inundation by seiches or mudflows will be scoped out in the IS/NOP There is no nearby waterbody that could result in a seiche, and similarly there are no mountain ranges in close enough proximity to result in mudflows at the project site Land Use and Planning The Land Use section of the EIR will describe the consistency of the proposed land use with relevant planning documents such as the City of Huntington Beach General Plan and Specific Plan No 13 which is applicable to the Phase II Bella Terra site The Phase II Bella Terra site is assumed to be entirely outside of the Beach Boulevard/Edinger Avenue Corridor Study/Specific Plan project area The project site has an existing General Plan designation of CR F2-sp mu (F9) This designation translates to Regional Commercial-0 5 floor area ratio (FAR) Specific Plan Overlay Mixed Use Overlay The F9 denotes the FARs and densities allowed under the mixed use scenario An overall maximum total building area FAR of 15 would be allowed, with a commercial FAR of 0 5 and 25 residential units per net acres The cumulative total of commercial area FAR and residential density cannot exceed the total building area FAR of 15 Specific Plan No 13 which was approved by the Huntington Beach City Council in 2000 and provides zoning for both phases of the Bella Terra development allows regional commercial uses but does not permit residential or mixed uses The proposed General Plan Amendment would increase the allowable residential density and the maximum number of stories Currently a maximum of 25 residential units per acre is allowed and the conceptual plan depicts approximately 38 residential units per acre Also the General Plan currently allows a maximum of four stories while the conceptual plans depict approximately five to six stories Similarly the proposed Zoning Text Amendment would allow residential uses and would establish residential design and development standards specified in Specific Plan No 13 The land use section as well as other sections of the EIR such as population, employment and housing would address the anticipated changes between what was assumed in the relevant planning documents and what is being evaluated as part of the CEQA review process The EIR will describe existing land uses, intensities and patterns in the vicinity of the project site, and the compatibility of the proposed 30 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR S60 6 of Work project with adjacent development, such as Phase I of the Bella Terra project The EIR will evaluate any potential conflicts between the proposed development and surrounding uses These conflicts could include a use that would create a nuisance for adjacent properties or result in incompatibility with surrounding land uses such as difference in the physical scale of development noise levels, traffic levels or hours of operation However, since surrounding land uses are primarily commercial we do not anticipate any land use issues related to incompatibility The EIR will evaluate the extent to which adopted City development standards or proposed design standards would eliminate or minimize potential conflicts between the proposed project and adjacent uses 11 Mineral Resources It is expected that mineral resources would be scoped out' in the IS/NOP for the proposed project The project site has never been utilized for mineral extraction, and it is not anticipated that mineral resources exist at the project site IM Noise As described under Task 2 (Prepare Technical Studies), a Noise Technical Study will be prepared by EIP/PBS&J This technical study once reviewed and approved by the City will provide the basis for the preparation of the EIR noise section Population, Housing, and Employment The proposed project could alter the population employment and housing characteristics for the area In cooperation with the City we will determine whether the proposed project's residential development component would increase the population of the City with the provision of up to 500 more residential units or simply accommodate existing population Similarly we will determine (in cooperation with the City) whether any of the commercial uses would induce population growth which is fairly unlikely given the type of uses proposed The proposed projects commercial population would result in an increase in employment opportunities and the daytime population of the area The potential population associated with the proposed project would be estimated based on the number and type of dwelling units proposed and/or the employment generation would be based on the proposed acreages and assumed floor area ratios (FAR) for commercial uses This would result in a redistribution and/or increase of the population and employment generating characteristics of the city and county as a whole because the project site is not presently designated for this intensity of residential development The City s Affordable Housing regulations (Title 23m Chapter 230, Section 230 26) implement the goals objectives and policies of the City's Housing Element They are intended to encourage very low-, low- and median income housing that is integrated, compatible with and complements adjacent uses and is located in close proximity to public and commercial uses These regulations are used in the City to meet its commitment to provide housing that is affordable to all economic sectors and to meet its regional fair-share requirements for construction of affordable housing New residential projects containing three or more units are required to provide a minimum of 10 percent of total units as affordable housing either on- or off site Rental units included in a project shall be made available to very low or low Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 31 Sc*pe of.-Work income households and for-sale units included in the project shall be made available to very low low or median-income level households According to SCAG s Final Regional Need Allocation Plan (approved by the SCAG Regional Council on July 12 2007) during the planning period of January 1, 2006, and June 30, 2014, the City of Huntington Beach needs to provide 454 very low-income households 369 low income households and 414 moderate income households The EIR will evaluate the projects consistency with housing affordability requirements The EIR will summarize the employment and housing characteristics of the City and region based on existing documentation Applicable General Plan policies regarding population housing (including affordable housing), and employment opportunities will be described and analyzed Public Services To determine whether adequate public services could be provided to serve the project site EIP/PBS&J will contact the Huntington Beach Police Department and the Huntington Beach Fire Department to request current information on existing and planned service levels staffing levels and response times Using factors developed in consultation with these agencies and City staff the demand for police and fire services will be quantified and compared to existing and planned service levels The impact of the project upon the ability of the service providers to maintain acceptable service levels will also be included With respect to schools the EIR will describe existing and projected school enrollment for the Huntington Beach City School District (HBCSD) with a focus on local feeder schools The EIR will discuss State school fee requirements and their relationship to CEQA and mitigating impacts on schools With respect to libraries EIP/PBS&J will contact the City for information on existing and planned capacity of the library system Based on input from the City project demand will be evaluated, along with the need for additional facilities Letters describing the proposed project will be sent to service providers and responses will be requested as appropriate to document the services' and facilities' current and planned response times usage rates and/or capacities The ability of existing public services to meet demands of the proposed project will be described If required any additional capacity services or personnel will be discussed Further, any unique public service needs due to the proposed use of the site will be discussed Anticipated impacts will be assessed and mitigation measures,if necessary,will be provided Recreation The City of Huntington Beach has enacted ordinances that implement the Quimby Act The Quimby Act allows a legislative body of a city or county to require the dedication of land or impose a requirement for payment of in lieu fees or a combination of both for park or recreational purposes as a condition to the approval of residential development Chapter 254 08 of the City s Zoning Ordinance Parkland Dedication implements the provisions of the Quimby Act The park and recreational facilities for which dedication of land and/or payment of an in lieu fee as required by this Chapter are in accordance with the policies principles and standards for park open space and recreational facilities contained in the General Plan 32 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR i Scop4- of Work : The requirements of Chapter 254 08 are complied with through the dedication of land, payment of a fee, or both, at the option of the City, for park or recreational purposes at the time and according to the standards and formula contained within this Chapter The amount and location of land dedicated or the fees to be paid, or both will be used for acquiring developing new or rehabilitating existing community and neighborhood parks and other types of recreational facilities These facilities will be provided in locations that bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision generating such dedication of land or payment of fees or both Chapter 254 08 requires that 5 acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes The EIR will update the list of existing and planned park facilities in the area and determine the demand for parkland generated by the increase in permanent or daytime population from the project using methodology approved by the City Since a residential project is proposed, the City's Quimby Act requirements would be included as a mitigation measure in the EIR 11 Transportation/Traffic As described under Task 2 (Prepare Technical Studies), a Traffic Technical Study will be prepared by Austin Foust Associates This technical study once reviewed and approved by the City will provide the basis for the preparation of the EIR transportation/traffic section IS Utilities and Service Systems As described under Task 2 (Prepare Technical Studies) a Wet Utilities (Water Sewer, and Storm Drain) Technical Study will be prepared by EIP/PBS&J This technical study once reviewed and approved by the City will provide the basis for the preparation of the portion of the EIR utilities and service system section related to storm drain capacity (by referring to the analysis provided in the hydrology and water quality section) sewer treatment and water supply Additionally a Water Supply Assessment (WSA) will be prepared if required The EIR will evaluate the ability of all utilities to serve the proposed project Based on the Wet Utilities Technical Study the following analysis will be provided ■ The EIR will identify anticipated water demand ■ The EIR will describe the City's water entitlements and water sources based on information from the Urban Water Management Plan,including groundwater resources and wells ■ The EIR will evaluate the need for additional water supply treatment and/or conveyance infrastructure improvements needs to serve the proposed project ■ The EIR will estimate wastewater flow using factors provided from the City s Public Works Department ■ The EIR will describe the existing and planned capacity of the regional wastewater treatment plants and the location of existing and planned sewage collection systems ■ The EIR will evaluate the need for increased wastewater treatment plant capacity and conveyance systems in the project vicinity Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 33 The City's solid waste collection service is provided by Rainbow Disposal which collects all of the solid waste generated in the City of Huntington Beach The EIR will provide a description of existing and future landfill capacity at the landfills that accept waste from the City of Huntington Beach and describe any regulations associated with State-mandated waste reduction requirements The amount of solid waste that could be generated by the proposed project will be quantified based on factors developed in consultation with the City Projected solid waste will be compared to existing and future landfill capacity to determine whether the changes in land use would substantially shorten the life of the landfill or necessitate expansion of the landfill EIP/PBS&J will contact Southern California Gas Company and Southern California Edison for information concerning existing and planned energy infrastructure and sources that could serve the project site This information will be summarized in the EIR Based on factors provided by the service providers the EIR will quantify estimated energy use for the proposed project This demand will be discussed with the service providers to determine whether there is ample supply The EIR will briefly and qualitatively discuss the likely sources of supply and the potential impacts of such energy sources The EIR will identify on site and off-site infrastructure needed to provide electricity or gas to the project site Cumulahve Impacts Cumulative impacts will be specified in the individual sections of the EIR The cumulative analysis will be qualitative in nature and will be based upon known projects either approved, proposed (applications on file) or reasonably foreseeable within a defined area around the proposed project, as determined by the factors relevant to each environmental issue area The cumulative impact assessment will be based on potential development projects that may in combination with the proposed project create cumulatively considerable environmental impacts as required by Section 15130 of the 2004 CEQA Guidelines Other CEQA Sechons Summary This section will be in tabular format and will briefly describe the impacts of the proposed project, the level of significance of impacts, recommended mitigation measures and the level of significance after the recommended mitigation measures are implemented Long-Term Imphcations The EIR will discuss all significant unavoidable adverse impacts The EIR will discuss any potential growth inducing and irreversible impacts of the proposed project Potential sources of growth inducement and their corresponding impacts such as removal of obstacles to growth will be qualitatively analyzed to the extent that they are applicable Alternatives In order to accurately define alternatives, EIP/PBS&J will work with the City to first clearly articulate project objectives The EIR can then most effectively assess alternatives in light of CEQA s mandate to reduce significant project impacts while meeting the project s basic objectives EIP/PBS&J proposes a two tiered approach to the alternatives analysis which is to (1) describe the alternatives screening process and (2) describe and analyze those alternatives selected for detailed study This will allow the EIR to demonstrate the consideration given to a sufficiently broad range of alternatives 34 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR • 0 The alternatives screening process will provide an opportunity for the EIR to describe the process used to identify alternatives The section will describe a range of alternatives initially considered including their ability to meet "screening criteria Alternatives not carried forward for detailed analysis will be identified and the reason for rejection of these alternatives will be specified For those alternatives described in detail the EIR will qualitatively address the environmental impacts that would result EIP/PBS&J will work closely with City staff to develop up to three alternatives to the proposed project including (1) the no project alternative (including the no project/no development alternative and the no project/reasonably foreseeable use alternative) (2) alternative density or land use scenario, and (3) a third alternative to be determined once key project impacts have been further defined The alternatives will be provided in a sufficient level of detail for comparison with the proposed project Each alternative will be evaluated with respect to each key impact category The advantages and disadvantages of each alternative and the reasons for rejecting or recommending the alternative will also be discussed and the environmentally superior alternative will be identified During the course of the environmental analysis minor variations to the proposed project that could have the effect of reducing or eliminating environmental concerns may become apparent These variations will be recommended, where feasible Appendices All technical studies (described in Task 2), survey results, data and public and agency comments (as well as the Lead Agency s responses) '"ill be included as appendix material to the Draft EIR Miscellaneous In addition as requested by the RFP EIP/PBS&J would be available to assist in the preparation of memoranda and letters on behalf of City staff that address environmental issues associated with the proposed project List of Products ❑ Fifteen (15) copies of a list of thresholds and impact statements that would be used in the Draft EIR ❑ Ten (10) bound copies of the Administrative Draft EIR including technical appendices ❑ Attendance at one (1) meeting to discuss changes to the Administrative Draft EIR TASK 6 Prepare Public Review Draft EIR and Notice of Completion, and Attend Public Meetings on the Draft EIR Subtask 6A Prepare Public Review Draft EIR and Notice of Completion EIP/PBS&J will prepare a Draft EIR for public review that incorporates all of the comments on the Administrative Draft EIR The Draft EIR will be comb bound, using heavy stock paper for the cover rather than plastic or laminate EIP/PBS&J will provide the City with fifteen (15) printed copies and two (2) CD copies of the Draft EIR for distribution to internal City departments and/or local organizations as well as one (1) PDF version of the document on CD ROM It is assumed that Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 35 e EIP/PBS&J will distribute the requisite fifteen (15) CD copies of the Draft EIR (including its technical appendices) and fifteen (15) hard-copies of the Draft EIR's Executive Summary to the State Clearinghouse In addition, EIP/PBS&J will distribute up to twenty five (25) hard copies of the Draft EIR to persons organizations or agencies identified on a distribution list that would be collaboratively developed by the City and EIP/PBS&J Of the total of forty (40) hard copies of the Draft EIR which include fifteen (15) copies for the City and twenty five (25) copies to be mailed by EIP/PBSJ, only twenty five (25) copies would include bound copies of the technical appendices In addition, one unbound reproducible copy of the Draft EIR and technical appendices would be provided to the City It is assumed that EIP/PBS&J would be responsible for preparation of the Notice of Completion, while the City would be responsible for any applicable filing fees It is assumed that EIP/PBS&J will distribute the NOC along with the Draft EIR to the State Clearinghouse and up to twenty-five (25) persons organizations or agencies It is assumed that the City would be responsible for distribution of the NOC to area property owners local organizations and departments within the City (some of which will also receive a copy of the Draft EIR), as well as publication in a local newspaper and transmittal of the NOC to the County of Orange List of Products ❑ Seventeen (17) electronic copies of the Draft EIR (including the technical appendices) on CD forty (40) hard copies of the Draft EIR and twenty-five (25) hard copies of the Draft EIR's technical appendices ❑ One (1) copy of the Draft EIR provided in Microsoft Word and in web quality PDF format on CD ROM the PDF shall be indexed and searchable by chapter ❑ One (1) unbound reproducible original copy of the Draft EIR and technical appendices ❑ One (1) Administrative Draft copy of the Notice of Completion for City review ❑ Fifty five (55) final copies of the Notice of Completion to accompany the Draft EIRs that would be distributed (whether in hard copy or electronic format) ❑ One (1) copy of the Notice of Completion in hard copy and electronic format for the City to use for distribution to nearby property owners organizations, the County of Orange departments within the City, and for publication in a local newspaper Subtask 613 Attend Public Information Meeting on the Draft EIR EIP/PBS&J will attend one (1) Public Information Meeting for the proposed project It is assumed that the City of Huntington Beach would coordinate and facilitate the Public Information Meeting and that presentation materials describing or illustrating the project will be provided by the City or the City s subconsultant EIP/PBS&J would take detailed notes regarding the issues raised by commenting individuals that should be addressed in the final EIR In addition EIP/PBS&J would be available to provide an overview of the CEQA process and answer questions raised by the public regarding the CEQA process and/or general questions regarding technical analytic methods Ms Vitar would be available to attend all public meetings and would provide all necessary public presentations unless another individual is approved by City staff EIP/PBS&J will also prepare a memorandum summarizing the key environmental issues of public concern that were raised 36 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR List of Products ❑ Attend one (1) EIR Public Information Meeting by EIP/PBS&J s Project Manager and/or Deputy Project Manager ❑ Fifteen (15) copies of a memorandum outlining issues raised during the EIR Public Information Meetings TASK 7 Develop Final EIR Work Plan and Prepare Administrative Final EIR and Mitigation Monitoring and Reporting Program Subtask 7A Develop Final EIR Work Plan It is assumed that the City will compile and transmit all written comments on the Draft EIR throughout the public review period and as one unified set of comments following the close of the public review period EIP/PBS&J will confer with the City to review written comments on the Draft EIR including comments from public meetings, to develop a general strategy for preparation of responses To the maximum extent feasible topical responses will be provided for broad issue areas if there is extensive public comment EIP/PBS&J will consult with the project team to review and revise if necessary, the project schedule that was developed and reviewed as part of Task 1 based upon the number of comment letters received In addition a matrix will be prepared that will identify each comment whether the response is anticipated to be individual or topical and the team members responsible for preparing the response List of Products ❑ Prepare one (1) matrix identifying comments environmental issue areas addressed by each comment, and work assignments including dates of completion ❑ Attendance at one (1) strategy meeting to discuss responses to comments Subtasks 713 Prepare Administrative Final EIR (Response to Comments and Text Revisions) and Mitigation Monitoring and Reporting Program (MMRP) The Response to Comments volume of the Final EIR will include all comments received responses to those comments, and standard introductory material The Mitigation Monitoring and Reporting Program (MMRP) would be provided separately but prepared concurrently with the Final EIR All comments will be numbered (to indicate comment letter and comment number) and the responses to those comments will be similarly numbered to allow easy correlation In addition where the text of the Draft EIR must be revised the text will be isolated as text changes in the Response to Comments volume indicating deleted text by strikeout and inserted text by double-underline The text of the Draft EIR will not be revised The Final EIR will collectively consist of the Draft EIR, the Response to Comments document, and the technical appendices Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 37 Scope of Work It is assumed that the Final EIR would be provided at least 10 days prior to consideration for certification by the City to any commenting public agency and any member of the public who has requested the document Further, the MMRP will be designed to ensure compliance with all adopted mitigation measures during project implementation The MMRP will be in table format and will specify project specific mitigation measures as well as standard conditions of approval that are applicable to the project if requested by the City Mitigation timing and responsible parties will also be identified The objective of the MMRP is to ensure compliance with Public Resources Code Section 210816 as mandated by Assembly Bill 3180 (Cortese 1988) which requires that a lead agency adopt an MMRP at the time an EIR is certified An estimated budget has been prepared for the responses to comments effort While the actual scope and extent of public comments (in either written or oral format) cannot be definitively determined at this time we have tried to provide a conservative yet realistic estimate of the scope of work that would be required for this project in order to avoid the need for a contract amendment In addition, and according to previous practice with the City if there is a significant number of comment letters beyond those anticipated at this time, we may be able to use the contingency funds with the advance approval of the City List of Products ❑ One (1) memorandum indicating the adequacy of the estimated budget for the responses to comments work effort ❑ Ten (10) copies of the Administrative Final EIR (Response to Comments) and MMRP to the City ❑ Attendance at one (1) meeting to discuss changes to the Administrative Final EIR TASK 8 Prepare Final EIR for Public Review, Attend Certification Hearing, and File Notice of Determination Subtask 8A Prepare Final EIR for Public Review EIP/PBS&J will prepare a Final EIR and MMRP for that incorporates all of the comments on the Administrative Final EIR and MMRP The Final EIR will be comb bound using heavy stock paper for the cover rather than plastic or laminate EIP/PBS&J will provide the City with forty (40) printed copies and two (2) CD copies of the Final EIR, as well as one (1) PDF version of the document EIP/PBS&J will distribute the Final EIR to an additional 25 commenting agencies, which would include appropriate persons or agencies on the City's mailing list and any public agency that commented on the Draft EIR For public agencies that commented on the Draft EIR they would be provided with a Final EIR at least ten days prior to the meeting during which the City would consider certification of the FIR List of Products ❑ Two (2) electronic copies of the Final EIR and MMRP provided on CD and sixty five (65) in hard copy format which would include 40 copies that would be sent to the City and 25 copies that would be distributed by EIP/PBS&J to public agencies ❑ One (1) copy of the Final EIR and MMRP on CD ROM formatted in Microsoft Word and Portable Document format (PDF) The PDF shall be indexed and searchable by chapter 38 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR ❑ One (1) unbound reproducible original copy of the Draft EIR and technical appendices Subtask 813 Attend Planning Commission and City Council Meetings and File Notice of Determination EIP/PBS&J will attend the Planning Commission and City Council meetings during which approval of the project and certification of the Final EIR would be considered It is assumed that the City of Huntington Beach would coordinate and facilitate the meetings and that oversized presentation materials describing or illustrating the project will be provided by the Applicant EIP/PBS&J would be available to answer questions raised concerning the CEQA process and/or technical questions regarding the analysis contained in the EIR Ms Terri Vitar would attend all public meetings and would be available to provide all necessary public presentation, unless another individual is approved by City staff In addition EIP/PBS&J would prepare and file the Notice of Determination with the County Clerk if the Final EIR is certified It is assumed that the City of the Applicant would be responsible for any applicable filing fees List of Products ❑ Attend a total of three (3) Planning Commission and City Council meetings by EIP/PBS&J's Project Manager and Deputy Project Manager it is assumed that at least one meeting would be before the Planning Commission and at least one meeting would be before the City Council ❑ One (1) Administrative Draft Notice of Determination ❑ One (1) final Notice of Determination TASK 9 Prepare Certification Documents Subtask 9A Prepare Certification Documents EIP/PBS&J will prepare draft Findings of Fact for each significant effect identified in the EIR and prepare a Statement of Overriding Considerations if unavoidable significant impacts occur As required by the State CEQA Guidelines one of three findings must be made for each significant effect and must be supported by substantial evidence in the record The Statement of Overriding Considerations will rely on input from the City regarding the benefits of the project EIP/PBS&J will consult with City staff to review and finalize the Findings and Statement of Overriding Considerations for the City's ultimate adoption While the RFP requested that we also prepare draft resolutions as part of the certification documents upon further discussions with the City it has been determined that preparation of draft resolutions is not required List of Products ❑ Two (2) Administrative Draft Certification Documents ❑ One (1) unbound reproducible original copy of the final Certification Documents Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 39 Ce e it Work TASK 10 Attend Project Meetings Subtask 10A Attend Project Meetings EIP/PBS&J will attend a maximum of five (5) project meetings during preparation of the EIR as suggested in the Request for Proposals, which is a reasonable estimate given our previous experience with other City EIR projects Even considering the proximity of this project with the Ripcurl project, which would provide some efficiencies it is unlikely that both projects would be proceeding along the same timeline, as such it is unlikely that we would have overlapping issues given that the environmental documents would be in different phases of preparation As noted during our recent meeting with the City,it is likely that the Bella Terra project would precede the Ripcurl project by one to two months,2 and the Beach Boulevard/Edinger Avenue Corridor Study/Specific Plan project would be another two to three months behind the Ripcurl project' Therefore it is likely that many of the issues would be addressed serially, rather than concurrently In our experience meetings typically are held to address comments on the technical studies, the Draft EIR, the Final EIR and in association with specific issues that arise during preparation of the environmental document To the extent that similar issues arise between the Bella Terra project and the Ripcurl project we could arrange for joint meetings as part of this meeting budget In addition, EIP/PBS&J will also be available to attend one (1) study session with the Planning Commission As previously reflected in our scope of work we will also attend the following meetings with the budget for these meetings assigned to the tasks indicated below ■ A project kick-off meeting (see Task 1) ■ The Scoping Meeting (see Task 3) ■ The Public Information Meeting (see Task 6B) ■ Up to three (3) Planning Commission and City Council meetings during which approval of the project and certification of the EIR will be considered Therefore in total we will be available to attend a total of fifteen (15) meetings (including one study session with the Planning Commission), and some of these meetings can be used for multiple purposes if necessary In addition,we would be available to consult with the City via teleconference,as needed List of Products ❑ Attendance at up to five (5) project meetings and one (1) study session with the Planning Commission by the EIP/PBS&J Project Manager and/or Deputy Project Manager if only one individual attends a meeting as agreed to by the City of Huntington Beach we would be available to attend another meeting in its place (by one individual) or we could use the funds for another purpose with prior approval by the City 2 The project schedules for the Ripcurl Project and Bella Terra Phase II project show the same kick off date however it is assumed that the Mpcurl project would come before City Council one to two months later than the Bella Terra Phase II project 3 It is assumed that the Beach Boulevard/Edinger Avenue Corridor Study/Specific Plan project would start in about four months and would come before City Council within approximately one year 40 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR TASK 11 Project Management and General Coordination Subtask 11 A Project Management and General Coordination The purpose of this task is to manage the EIP/PBS&J project team manage the EIR preparation effort, and maintain constant close communication between the Applicant the Applicant s team, the City and the EIR team This task is also intended to ensure that the project will be completed on time and within budget and that all work products are of the highest quality EIP/PBS&J will coordinate the team's work for the communication of issues transmittal of comments, financial management, and other project management matters Schedule EIP/PBS&J proposes the following schedule to complete a Final EIR within eleven months of kick-off of the EIR process for the Ripcurl Project Because we understand that the Applicant for the Bella Terra Phase II project is in a more advanced state of project planning as compared to the Applicant for the nearby Ripcurl Project we are proposing a more aggressive schedule for this project It is possible that additional efficiencies could be built into the schedule with the consent of the City and the subconsultant and we are willing to discuss ways to reduce the schedule by approximately four to five weeks EIP/PBS&J understands the importance of meeting the schedule outlined below and has confirmed technical staff and subconsultant availability to meet this schedule assuming that adequate information regarding the project and a mutually acceptable scope of services is available when the City provides EIP/PBS&J with a notice to proceed Other factors that could lengthen or shorten the schedule include dates of receipt of project information length of City review, and unanticipated issues arising from City staff or public review of the environmental documents Target dates ■ Kickoff Meeting By August 17 2007 Imt1al Study/Notice Of Preparation (IS/NOP) and Notice of Completion (NOC) ■ Submittal of Administrative Draft IS/NOP and NOC By August 31 2007 ■ Receipt of Comments on Administrative Draft IS/NOP and NOC By September 14 2007 ■ Publication of Final IS/NOP and NOC By September 24 2007 ■ 30-Day IS/NOP Public Review Period September 24 2007-Ocotber 24 2007 ■ Attend Scoping Meeting During IS/NOP Public Review Period Technical Studies ■ Submittal of Apphcant-Prepared Technical Studies By September 10 2007 ■ Peer Review of Applicant-Prepared Technical Studies By September 17,2007 and ongoing Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR 41 ■ Submittal of First Administrative Technical Studies' By October 12 2007 ■ Receipt of Comments on First Administrative Technical Studies By October 26 2007 ■ Submittal of First Final Technical Studies By November 9, 2007 ■ Submittal of Second Adnunistrattve Technical Studies' By November 16, 2007 ■ Receipt of Comments on Second Administrative Technical Studies By November 30 2007 ■ Submittal of Second Final Technical Studies By December 14 2007 Draft Environmental Impact Report (EIR) and Notice of Completion (NOC) ■ Submittal of Administrative Draft EIR and NOC By January 18 2008 ■ Receipt of Comments on Administrative Draft EIR and NOC By February 8 2008 ■ Publication of Draft EIR By February 29 2008 ■ 45 Day Draft EIR Public Review Period February 29, 2008 April 14 2008 ■ Public Information Meetings on Draft EIR During EIR Public Review Final Environmental Impact Report and Notice of Determination (NOD) ■ Submittal of Administrative Final EIR/MMRP and NOD By May 2 2008 ■ Receipt of Comments on Administrative Final FEIR/MMRP and NOD By May 16 2008 ■ Submittal of Administrative Certification Documents By May 16 2008 ■ Receipt of Comments on Administrative Certification Documents By May 30 2008 ■ Submittal of Final Certification Documents By June 20 20086 ■ Publication of Final EIR/MMRP By June 20 2008 ■ File NOD Within 5 days of certification of EIR ■ Attend Planning Commission/City Council Hearings During July 2008 Project Meetings and Management ■ Attend Project Meetings Ongoing ■ Project Management and General Coordination Ongoing The overall schedule for completion of the EIR will specifically depend on several factors, some of which are outside of EIP/PBS&J's control In particular, the availability of City staff to review the revised project description, agree on the scope of the document review the technical studies and review the draft environmental document will be key factors The schedule includes the following specific assumptions ■ Receipt of complete and accurate project data within two weeks of the project kick off meeting ■ Stable project description throughout the EIR process ■ Receipt of complete and accurate technical reports within the schedule identified above 4 This includes traffic geotechmcal and wet utilities (including the water supply assessment) 5 This includes air quality and noise which must be completed after the traffic report is substantially complete 6 Submittal of the Final Certification documents could be later depending on the Planning Commission meeting date 42 Proposal to Prepare an Environmental Impact Report for the Bella Terra Phase 11 EIR EXHIBIT "B" Payment Schedule (Hourly Payment) A Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule --See attached rate sheet and payment schedule B Travel 1 Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY 2 As CITY sometimes uses consultants that are outside of the nearest metropolitan area, CITY is very conscious of travel costs Subject to agreement otherwise, CONSULTANT will be held to charging no fees on travel time to or from Huntington Beach 3 Automobile expenses are limited to the IRS standard business mileage rate All other travel expenses must be approved in advance by CITY in writing Requests for approval shall be submitted at least fourteen (14) days in advance, to allow for reduced transportation fares Meals are not billable to CITY, without prior written consent of CITY C Billiniz 1 All billing shall be done monthly in one-fifteenth-hour (0 15) increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it Minimum billing charges are unacceptable CONSULTANT shall only charge for actual time spent For example, minimum of 0 2 hours for phone calls or 0 4 hours for letters is unreasonable unless that is an accurate measure of time spent 2 Each month's bill should include a total to date That total should provide, at a glance, the total fees and costs incurred to date for the case or matter 3 Telephone, cellular phone and postage charges are billable at actual cost A copy of all service bills/costs should accompany the billing for each single item that exceeds Seventy-Five Dollars ($75 00) The fee for the sending or receiving of facsimiles shall not exceed Twenty-five Cents ($0 25) per page CITY will not pay a fee or agree/forms/ex13 hourly fee/9/11/07 EXHIBIT B 1 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) charge for telephone calls or facsimiles to CITY Photocopier costs should be no more than the actual cost of duplication, or Ten Cents ($0 10) per page, whichever is less 4 CITY will not pay for secretarial time or secretarial overtime CITY will not pay for secretarial tasks or tasks that should be subsumed into CONSULTANT's overhead For example, time spent for faxing, mailing, arranging for messengers and calendaring are not acceptable charges 5 CITY will not pay for word processing charges This includes per page or hourly charges 6 CITY will not pay for billing or discussion of bills If CITY has questions about billing or needs additional information on bills, that is not a chargeable event, CONSULTANT should respond without charging CITY for the time required 7 CITY appreciates when CONSULTANT has researched an issue previously and uses that research on the present case CITY has retained CONSULTANT because of its past experience CONSULTANT shall not charge CITY for work it has done and billed another client for in the past 8 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 9 CONSULTANT shall submit to CITY an invoice for each monthly 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 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 agree/forms/exn hourly fee/9/11/07 EXHIBIT B 2 Hourly Payment EXHIBIT "B" Payment Schedule (Hourly Payment) parties agree that past performance by CONSULTANT is in, or has been brought into compliance or until this Agreement has expired or 1s terminated as provided herein 10 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 agree/forms/exB hourly fee/9/11/07 EXHIBIT B 3 Hourly Payment Attachment B Proposed Budget for the Bella Terra Phase If EIR July 23 2007 COST d ° 0 _ 6 ffi a y ° E D "u N e m C L W ' o f O` V C a o 0 cCo y C cco w U > o 0 o w 'D 0- C O C H H W 0- 3 d t, Q S 0 Sen or o v Prog am Se o Sen or Assoc ate Senior Adm n shah e a a Manager Manager Ma age Manager Adm n shah a Ass sta t Graphics �'n v�i TOTAL TASK $220 00 $165 00 $145 00 $110 00 $115 00 1 $95 00 $95 00 ENVIRONMENTAL • T it Proje :f 31140114 A #tvifles _ °_ _-tea I7 _ - f ____ 3 ]a Attend One Project Kick Off Meeting 8 8 4 20 $3 460 0 t aTectrrsl I4fo* -m �� z 1�lf Wijr $2731 2a Prepare Air Quality Technical Study 3 1 8 40 2 54 $6 615 2b Prepare Geofechnical Technical Study 3 1 32 4 40 $5 925 2c Prepare Noise Technical Study 3 1 8 54 2 68 $8 155 2d Prepare Traffic Technical Study Included underSubconsultant 0 $0 2e Prepare Wet Utilities Technical Study 3 1 8 40 2 54 $6 615 2f Prepare Water Supply Assessment Included under 0 $0 Optional #epar0ISTNOK-liotf 06f omplet andAtfiiil fsl �5i1 _ -_-- ���� 1 — _ - - N"- G - � _ -- - - - �� 3a Prepare IS/NOP and Notice of Completion 4 1 8 60 8 80 1 $9 400 3b Attend Sco ing Meeting 8 8 4 20 $3 460 fi'der Review of Appttnl Prepared TeE`� d (i3 __ _ _ �i tp, =__— 'tt - 790 4a Peer Review of Applicant Prepared Technical Studies 6 6 24 36 $5 790 `61 Prepare pimin'tlihativelraft15 " --= li1l' �l>>II�' _ _- - 1 - _= 11 #i0 5a Prepare Administrative Draft EIR 40 40 80 $8 400 Introduction 1 1 6 8 $1045 Executive Summary 12 1 13 $2 805 Introduction to the Analysis 1 1 4 6 $825 Effects Not Found to Be Significant(Agricultural Resources 1 1 4 b $825 Biological Resources Cultural Resources and Mineral Resources Aesthetics 4 1 44 49 $5 885 Air Quality 2 1 12 15 $1 925 Geology and Soils 2 1 12 15 $1 925 Hazards and Hazardous Materials 3 32 35 $5 940 Hydrology and Water Quality 3 1 40 44 $6 625 Land Use and Planning 4 1 40 45 $6 845 Noise 1 1 12 14 $1 705 Population Housing and Employment 3 1 40 44 $5 225 Public Services 3 1 50 54 $6 325 Recreation 3 1 24 28 $3 465 Transportation/Traffic 3 1 20 24 $3 725 Utilities and Service Systems 3 1 36 40 $6 045 Alternatives 8 2 50 60 $7 590 Long Term Implications 1 2 6 9 $1 210 EIR Preparers/References 1 1 1 1 1 3 1 1 1 1 5 1 $715 Prepare Public Review DTQW-Itt f�i�trce of amp -andand Attend _ E 16 60 Pubes I ors�cT irHlee�on theft EIR _ _ _ �X+�d 6a Prepare Public Review Draft EIR and Notice of Completion 32 40 40 24 136 $20 320 6b Attend Public Meetings on the Draft EIR 12 12 24 $4 620 7tt De*iiliop)°inalEtRVltorktR l aridftpare��4dmtnaskd�>hsalElR' t E - �il _= Irnk7 _, fi33 McRgatio Mltlniton and lt; x —P10 klYrl MMRPj 6 � �� � ___ � 4 �i 3 7a Develop Final EIR Work Plan 8 24 32 $5 720 7b Prepare Administrative Final EIR and MMRP 40 40 40 40 32 8 1 6 206 $30 610 0 Prepaid EIR for Public R �ew A� �aeiicafron N� etsng and' _ -� i = L� -t F ileNofrftertrrinatw►t �;I��( ��� �) _ - H $ e> f 8a Prepare Final EIR for Public Review 24 32 32 32 32 16 168 $23 920 8b Attend Planning/City Council Meetings and File NOD 12 1 12 1 1 24 $4 620 90 Preparo' erlRicatioa ltoc * s " _ - = =- I I J,J III,I 11" �- $8 80 9a Prepare Certification Documents 8 16 40 64 $8 800 #QGAfi td haject Meetings �� ��I � - - ��Y - 9r F�[�t�t l p�i P�l 1�1 1�9 -Old III 11hlL $16 170 I0a Attend Project Meetings 42 42 84 $16 170 IL ro ct�Aanagementand neralCo Inatton � —_ ��TI�� �(dc ���� lX� - �,I„ �� W - 1 1 a Project management and General Coordination 40 20 60 $12 100 CoY►irnge_ncY r" �F p — l� Al ( - =_ - 'law = 3tEt Contingency(157) 1 1 $38 303 Total Hours 315 316 296 613 114 1 64 46 1 1 764 TOTAL EIR LABOR $69 300 $52 140 1 $42 920 $67 430 $13 1 10 $6 080 $4 370 $293 653 $293 653 Estimated EIR Direct Costs/Expenses Reproduction(Assumes up to 125 bound documents 40 copies of the Administrative Draft and Final Technical Studies at a maximum of$8/document $320 80 copies of the Draft and Final IS/NOP at a maximum of$8/document $640 10 copies of the Administrative Draft EIR at a maximum of$130/document $1 30 40 copies of the Draft EIR at a maximum of$130/document $5 20 10 copies of the Administrative Final EIR at a maximum of$60/document $1 50 65 copies of the Final EIR at a maximum of$60/document $3 90 Miscellaneous reproduction $1 000 Mileage $120 Delivery/Postage(ESTIMATED) $2 500 Photos/Graphics(for figures for the EIR) $1 500 Subtotal Direct Costs $17 980 Administrative Fee(157 of direct costs) $2 697 TOTAL EIR DIRECT COSTS/EXPENSES 20 677 Estimated Subconsultant Costs/Expenses South Central Coastal Information Records Check $1 00 County of Los Angeles Natural History Museum Records Check $1 50 Traffic Technical Study(Austin Faust Associates) $47 00 Subtotal Subconsultants $49 500 Administrative Fee(157 of subconsultants) $7 425 TOTAL SUBCONSULTANT COSTS/EXPENSES 56 925 TOTAL EIR BUDGET(Excluding Optional Tasks $371 255 O tional Task EIP/PBS) Water supply assessment would only be conducted with prior approval from the City 28 565 TOTAL EIR BUDGET(Including Optional Tasks $399 820 EIP, a division of PBS&J California Science and Planning HOURLY BILLING RATES AND JOB CLASSIFICATIONS Senior Division Manager/ Principal Technical Professional $190-$260/hour Senior Program Manager/Senior Project Director/Senior Planner IV/ Senior Scientist IV $175-$220/hour Program Manager/Senior Environmental Manager III/ Project Director/ Senior Planner III/Senior Scientist III $150-$190/hour Senior Environmental Manager/Senior Planner II/Senior Scientist II/ Senior Engineer II $120-$160/hour Associate Environmental Manager/Associate Planner/Senior Scientist I $95-$125/hour Environmental Specialist/ Planner II/Scientist II $85-$110/hour Environmental Analyst/ Planner I/Scientist I $65-$90/hour Senior Administrator $90-$120/hour Senior Word Processor $75-$100/hour Word Processor $65-$90/hour Administrative $55-$80/hour Technical Aide I /Technical Intern I $45-$65/hour Mileage $ 485/mile In addition identifiable non salary costs that are directly attributable to the project (i e travel meals lodging auto rentals printing and copies graphic materials phone charges equipment and specialized computer charges etc ) and subcontractor fees include a 15% administration charge to cover overhead and administration 1 This schedule is effective until January 1 2008 and is subject to annual and/or periodic revisions thereafter as necessary to accommodate inflationary trends salary adjustments and the general costs of business 2 Invoices will be submitted by Consultant monthly Client will notify Consultant in writing of any objections to an invoice within ten (10) days of the date of invoice Otherwise the invoice shall be deemed acceptable by the Client Amounts indicated on invoices are due and payable immediately upon receipt 3 A late payment finance charge at a rate of 18% per annum (or the maximum amount allowed per law if lower) will be applied to any unpaid balance commencing 30 days after the date of the original invoice 4 Fees for litigation and expert witness services will be charged at $450 00 per hour with a 4 hour minimum per day A division of Page 1 of 1 ee Lugar, Robin e, l From Emery Paul Sent Thursday October 04 2007 8 47 AM To Lugar Robin Cc Hess Scott Subject Agenda Items Robin—Lets go ahead with the scheduled EIR items for Ripcurl and Bella Terra Planning will get the updated insurance certs Thanks 10/4/2007 DATE RPM CERTIFICATE OF LIABILITY INSURANCE 09/13/2007) PRODUCER (305)822-7800 FAX (305)827-0585 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth Alter, Fowler, Dowling ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE & French Group Inc HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR p ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P 0 Box 9315 Miami Lakes FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INSURED Post, Buckley, Schuh, & Jernigan Inc INSURERA Lloyds of London A XV d/b/a PBS&J INSURER B 2001 NW 107 Avenue INSURER C Miami FL 33172-2507 INSURER INSURER E COVERAGES THE 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LiMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADD L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS hm GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PRFMI,qFq IF, CLAIMS MADE ❑OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OP AGO $ POLICY JERK LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO 7� (Ea accident) ALL OWNED AUTOS nE `IE+D S TQ DIVABODILY INJURY $ SCHEDULED AUTOS �7 � i7 ) L( (Per person) HIRED AUTOS E+' CGRO ih City ttO e BODILY INJURY $ NON OWNED AUTOS (Pe accident) PROPERTY DAMAGE $ (Per acc dent) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGO $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC STATU OTH EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED' E L DISEASE EA EMPLOYE $ If yes des ribe under SPECIAL PROVISIONS below E L DISEASE POLICY LIMIT 1$ roessional/ LDUSA0600811 09/30/2006 09/30/2007 $1 000 000 Limits A ollution Liability Ea Claim and Annual Aggregate CLAIMS-MADE FORM 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS E City of Huntington Beach Bella Terra Project ssuing company will provide 30 days written notice of cancellation 10 days for non-payment amed Insured Includes EIP Associates a Division of PBS&J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL Huntington Beach, City of 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Attn Christopher 5 Davis BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 2000 Main Street OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE Meade Collinsworth ANNA x ACORD 25(2001108) FAX (714)374-1540 ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25(2001/08) ACORQ CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DDlYY) 09/14/V07 D PRODUCER 1-866--220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR 2637 South 158th Plaza ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Suite 200 Omaha NE 68130 INSURERS AFFORDING COVERAGE INSURED INSURERA Steadfast Insurance Company/#26387 Post Buckley Schuh & Jernigan Inc ---- - -—- - d/b/a PBS&J INSURERB Zurich American insurance Company/#16535 2001 NW 107th Avenue INSUREFIC Zurich American Insurance Company / #16535 Miami PL 33172-2507 INSURER INSURER E COVERAGES THE 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 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS M T INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONLTR DATE(MWDDIYXI LIMITS B GENERAL LIABILITY OLD 9139458-00 09/30/06 09/30/07 EACH OCCURRENCE _ $1 000 000 X I COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one Ire) S 1 000 000 _ I CLAIMS MADE 5 X 1 OCCUR MED FXP(Any o o person) S 25 000 X Contractual Liability PERSONAL&ADV INJURY $ 1 000 000 GENERAL AGGREGATE $2 000 000 GEN L AGGRFGATE LIMIT APPUFS PER PRODUCTS COMP/OPAGG $2 000 000 POLICY I X PHU }C LOG _ ^ C AUTOMOBILE LIABILITY HAP 9139457-00 09/30/06 09/30/07 COMBINED SINGLE LIMIT $2 000 000 C X ANY AUTO HAP 9139406-00 09/30/06 09/30/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIREDAUTOS BODILY INJURY $ _X NON OWNED AUTO(, (Per a0cide 1) X Contractual Liability ---- - - PROPFRTY DAMAGE S (Per accident) GARAGE LIABILITY AUTOONLY FAACCIOENT S ANY AUTO OTHFR THAN _ EA ACC $ AUTO ONLY AGG $ A EXCESS LIABILITY AUC 508762102 09/30/06 09/30/07 EACH OCCURRENCE $25 000 000 X]OCCUR CLAIMS MADE AGGREGATE $25 000 Q00 $ DEDUCTIBLE - - - $ RETENTION $0 $ WC 9139459 00 09/30/06 09/30/07 X WC TOA5TA TU OTH B WORKERS COMPENSATION AND Y LIMIT$ E13 __ EMPLOYERS LIABILITY 1 000 000 E L EACH ACCIDENT $ EL DISEASE_E_AEM_PLOYE $1 000 000 E L DISEASE POLICY LIMIT $1 000 000 OTHER s s s DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE City of Huntington Beach Bella Terra Project Named Insured Includes RIP Associates a division of PBS&J The City of Huntington Beach its agents officers employees and the Redevelopment Agency of the City of Huntington Beach as their interest may appear are Additional Insureds on the General Liability and Automobile Liability with respect to the operations of the insured on the above project See attached for additional wording CERTIFICATE HOLDER ADDITIONAL INSURED INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF THE ISSUING INSURER WILL @WAXQWX MAIL 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT LXX Attn Christopher D Davis 2000 Main Street %'Gl/►d-� Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE USA ACORD 25 S(7/97) rflatowicz O ACORD CORPORATION 1988 6993701 IMPORTANT If the certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) 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) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer and the certificate holder nor does it affirmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon ACORD 25 S(7197) I DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 09/14/07 NAME lOFINSURED post Buckley Schuh & Jernigan Inc d/b/a PBS&J Additional Insured on the General Liability & Auto Liability on a Primary & Non-Contributory basis including completed operations Where Required by Contract (GL ONLY) General Liability Aggregate limit applies per Project Blanket Additional Tnaured Lessor/Loss Payee on the Auto Liability Waiver of Subrogation on the General Liability Auto Liability and Workers Compensation Where Required by Contract umbrella follows form to the Additional Insureds on the General Liability SUPP(10/00) 0 Additional Insured -- Automatic - Owners, Lessees Or ZURICH Contractors - Broad Form Named Insured Post,Buckley,Schuh&Jernigan,Inc d/b/a PBS&J Named Insured Includes EIP Associates,a division of PBS&J 1 olicy No 1711 D-ite of Pot Cxp Dite of I of Cff D itL of F nd Produelr Add I Picin Retain I rcni GLO9139458 00 1 09/30/06 09/30/07 1 09/30/06 1 HIS ENDORSEMEN f CHANGES I HE POLICY PI FASk M All I I CARMI LY This endorsement modifies insurance provided under the Commercial Gener-il Liability Coverage Part A WHO IS AN INSURk D(St,ction II)is amended to include as an insured any pcxson or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement B the insurance provided to additional insureds applies only to bodily injury property damag,c or personal and advertis mg injury covered under Section 1, Coverage A, BODILY INJURY AND PROPERTY DAMAGF I IABII ITY and Coverage B, PERSONAI AND ADVI R I ISING INJURY LIABILITY but only if I The bodily injury or propeity damage tesults from your negligence and 2 The bodily injury property damage or persorril and advertising injury results directly from a Your ongoing operations or b Your work completed as mc,luded in the products completed operations hazard performed for the additional insured which is the subject of the written contract or written agreement C However regardless of the provisions oI paragraphs A and B above. 1 We will not extend any insurance coverage to any additional insured person or organization a I hat is not provided to you in this policy or b fhat is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement and 2 We will not provide I imits of Insurance to any additional insured person or organization that exceed the lower of d The I imits of Insurance provided to you in this policy or b I he Limits of Insurance you are required to provide in the writtc,n c ontrict or written agreement D "I he insurance provided to the additional insured person or orgam7ation does not apply to I Bodily injury property darnalc or personal and advtxtising injury' that results solely from nel,hl,ence of the addi tional insured or 2 Bodily injury pioperty d-imale or personal and advertismg injury arising out of the rendering, or failure to render any professional architectural engineering or surveying services including U GL 1175 A CW(9l03) Page I of 2 Includes copyrighted material of Insurance Services Office Inc with its permission a I he preparing ipprovmg or failml,to prepare,or approve map` shop drawmt,s opinions reports survc,ys field orders change orders or drawings and specifications and b Supervisory inspection architectural or engineering activities E The additional insured must se,c to it that 1 We are notified as soon as practicable of an occurrence or offense that may result in a claim 2 We receive written notice,of a claim or suit as soon as practicable and 3 A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by an other insurer under which the additional insured also has rights as an insurc,d or additional insured I, T he insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in surance available to any additional insut ed person or orgam7ation mile ss the other insurance is provided by a contractor other than you for the same operations and job location Ihen we will share with that other insurance by the method de scribed in paragraph 4 c of Sat C I ION IV-COMMP RCIAI GE,NERAI I IABII ITY CONDITIONS Any provisions in this Coverage Part not chan&cd by the terms and conditions of this endorsement continue to apply as writ ten Name of Person or Organization City of Iluntington Beach 2000 Main Street Huntington Beach CA 92648 RE City of Huntington Beach Bella Terr1 Project U G1 1175 A CW(9ro3) Pige2of2 COMMERCIAL AUTOINSURANCE COMMERCIAL INSURANCE ENDQRSEMENT Insurance for this coverage part provided by Named Insured Post Buckley Schuh & Jernigan Inc d/b/a PBS&J Zurich American Insurance Policy Number BAP 9139457 00 Policy Eff/Exp 9/30/06 — 9/30/07 Renewal of Number Named Insured Includes FIP Associates,a division of PISS&J ADDITIONAL INSURED 1 HIS ENDORSEMENT MODIFIES INSURANCE PROVIDFD BY THL I OLLOWING BUSINESS AUTO COVERAGE PART SCHEDULE NAME City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 R1 City of Iluntmgton Beach 1 erra Bella Protect WHO IS AN INSURED (SEC I ION II) IS AMENDED TO INCLUDE AS AN INSURED THE PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH RESPECT TO THEIR LIABILITY ARISING OUT OF A) YOUR WORK FOR THE ADDITIONAL INSURED(S)AT THE LOCATION DESIGNATED OR B) ACTS OR OMISSIONS or THE ADDITIONAL INSURED(S) IN CONNECTION WITH THFIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION SHOWN IN THE SCHEDULE FOR CLAIMS ARISING OUT OF OPERATION,MAIM ENANCE OR USE OF A COVERED AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE AVAILABLE TO THE SCHEDULrD INSURED U-CA-388-A(07-94) L L. ATTACHMENT #33 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION a, FINANCE DEPARTMENT TO PENELOPE CULBRETH GRAFT DP N CITY ADMINISTRATOR FROM DAN T VILLELLA CP-1 FINANCE DIRECTOR SUBJECT FIS 2007-08-4 Approve Professional Services Agreement with PBS&J for Preparation of Environmental Impact Report for the Bella Terra Phase II Prolect Approve Reimbursement Agreement with Bella Terra Phase II Associates LLC DATE SEPTEMBER 26 2007 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Professional Senn ices Agreement with PBS&J for Preparation Of Environmental Impact Report for the Bella Terra Phase II Prolect Approve Reimbursement Agreement with Bella Terra Phase II Associates LLC" If the City Council approves this action (total appropriation $399 820) there will be no effect on any fund balance since the new appropriations are funded by revenues not anticipated in the original budget /a 7v" Dan T Villella Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT Planning SUBJECT Bella Terra II EIR Contract COUNCIL MEETING DATE October 15 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft If applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ❑ Subleases Third Party Agreements etc Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ® / Not Applicable ❑ Fiscal Impact Statement (Unbudgeted over $5 000) Attached Not Applicable ❑ Bonds (If applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached ❑ Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED," FORWARDED Administrative Staff ( ) ) Deputy City Administrator (initial) ( ) ( ) City Administrator (Initial) ( ( ) City Clerk ( ) 4 EXPLANATION FOR�RETURN OF ITEM (Below • For Only) RCA Author M Broeren/C Davis / !V/ V City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 s OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERK October 18 2007 PBS & J 12301 Wilshire Blvd Suite 430 Los Angeles CA 90025 Attn Terri Vitar Dear Ms Vitar Enclosed for your records is a copy of the Professional Services Agreement Between the City of Huntington Beach and PBS & J for preparation of an Environmental Impact Report for the Bella Terra Phase II Project Sincerely � 655V4") Joan L Flynn CMC City Clerk JF pe Enclosure Agreement G followup agrmtltr Sister Cities Anlo Japan • Waitakere New Zealand (Telephone 714-536 5227)