HomeMy WebLinkAboutLOWES HIW, INC. - 2000-08-21C Y OF HUN I INGTON BEAC _ &N,
MEETING DATE: August 21, 2000 DEP T Ewa NUMBER:�� PL �
- k\
� N1tv�-1
Council/Agency Meeting Held:
Deferred/Continued to:
Approved 0 Conditional) Approved ❑ Deni d Cler ig ature
Council Meeting Date: August 21, 20 0 Department ID Number: PL00-43
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator OW
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE A REIMBURSEMENT AGREEMENT WITH LOWE'S-'HIVI INC
FOR PROFESSIONAL PLANNING SERVICES TO PREPARF, A MASTER..
ENVIRONMENTAL IMPACT REPORT FOR THE RANCHO V,IJrW SCHOOL
SITE U
l "
Statement of Issue, Funding Source, Recommended Action, Alternative Action[s], Analysis, Environmental Status, Attachment(s)
Statement of Issue:
Transmitted for City Council's consideration is a Reimbursement Agreement between the City and
Lowe's HIW, Inc. The Reimbursement Agreement will help defray the costs of professional planning
services associated with preparation of a Master Environmental Impact Report (EIR). The project site
is commonly known as the Rancho View School Site and includes the bus maintenance facility and
the area to the west from B Street to Beach Boulevard. The total project area is approximately 25.6
acres. The term of the Reimbursement Agreement is thirty-six (36) months beginning with approval of
the Agreement by the City Council.
Funding Source:
The proposed Reimbursement Agreement between the City and Lowe's H.I.W., Inc. allows the
developer to help defray the costs of professional planning services associated with the preparation of
a Master EIR for the site commonly known as the Rancho View School Site. Lowe's has agreed to
make an initial deposit, within ten (10) days following adoption of this agreement by the City Council,
of funds in the amount One Hundred Fifty-three Thousand Nine Hundred Seventy-eight and
001100Dollars ($153,978.00). Upon deposit of said funds into the City's General Fund, the funds will
be appropriated to the Planning Department's Contractual Services Account number
E AA PL 231 390 00.
PL00-43
.2.
8/15100 2:00 PM
*REQUEST FOR ACTION 10
MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PL00-43
Recommended Action:
Motion to:
1. "Approve the Reimbursement Agreement with Lowe's HIW, Inc., as prepared by the City
Attorney, between the City and Lowe's HIW, Inc. for the term of thirty-six (36) months beginning
with adoption of this Agreement by the City Council, subject to mutual agreement by the City
and Lowe's HIW, Inc., and authorize the Mayor and City Clerk to sign."
2. "Appropriate funds in the amount of One Hundred Fifty-three Thousand Nine Hundred Seventy-
eight Dollars ($153,978.00) in connection with the Reimbursement Agreement between the City
and Lowe's HIW, Inc."
Alternative Actions
The City Council may make the following alternative motions:
"Deny the Reimbursement Agreement between the City and Lowe's HIW, Inc.."
2. "Continue the item and direct staff accordingly."
Analysis:
A. BACKGROUND
The project site is commonly known as the Rancho View School Site and includes the bus
maintenance facility and the adjacent area to the west of the school from B Street to Beach
Boulevard. The total project area is approximately 25.61 acres. Lowe's is proposing development of
the 11.61-acre Rancho View School site (excluding the 7.7 acre bus maintenance facility) with an
approximately 159,300 square feet retail warehouse facility along with a 9,000 square feet restaurant
pad. The EIR will also analyze a conceptual plan of development, consistent with the General Plan,
of approximately 43,825 square feet of commercial/office located on the adjacent 6.3 acres to the
west from B Street to Beach Blvd. A zoning map amendment is proposed to change the zoning from
Public —Semipublic (PS) to Commercial General (CG). The proposed amendment is required for the
entire 19.31 acre school site (including the bus maintenance facility) to make the zoning consistent
with the existing General Plan designation. Prior to the proposed development, a Master
Environmental Impact Report must be completed to assess any environmental considerations and
appropriate mitigation measures.
B. STAFF ANALYSIS AND RECOMMENDATION:
During the past several years, there has been substantial activity in development projects within the
City of Huntington Beach. This activity is primarily due to the economy and the proposals of many
developer's projects being submitted such as Lowe's development of the Rancho View School Site.
The City and Lowe's HIW, Inc. recognize the time and costs associated with professional planning
PL00-43 -3- 8115100 2:00 PM
*REQUEST FOR ACTION 0
MEETING DATE: August 21, 2000 DEPARTMENT ID NUMBER: PL00-43
services to prepare a Master Environmental Impact Report. In order to assist Lowe's with its project,
it is necessary for the City to retain the services of a Consultant to prepare a Master Environmental
Impact Report. The City and Lowe's HIW, Inc. have agreed to enter into a Reimbursement
Agreement to help defray these costs. Staff recommends the City Council approve the
Reimbursement Agreement between the City and Lowe's HIW, Inc., approve the appropriation of
funds in the amount of One Hundred Fifty-three Thousand Nine Hundred Seventy-eight Dollars
($153,978.00), and authorize the Mayor and the City Clerk to sign.
C. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS:
As adopted by the City Council in March 1998, all requests for appropriation of funds must meet one
of the following criteria; 1) The request is for an unanticipated emergency, 2) The request is required
to implement labor negotiations, or 3) The request will be offset by related new revenues.
The new appropriations being requested will be offset by related new revenues from the
Reimbursement Agreement between the City and Lowe's HIW, Inc., the project proponent.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this agreement contracting
for the preparation of a Subsequent Environmental Impact Report, are categorically exempt from the
California Environmental Quality Act pursuant to Section 15300.1.
Attachment:
1. Reimbursement Agreement between the City and. Lowe's H.I.W., Inc.
2, Fiscal Impact Statement.
RCA Author: Duane R. Bankey/Cindy Chie
PL00.43 -4- 8/15100 2:08 PM
0 0
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND
LOWE'S H.I.W., INC.
FOR PROFESSIONAL PLANNING SERVICES
Table of Contents
I Payment I
2 Statement of Work to Be Performed 2
3 Exclusive Control by City of Huntington Beach. 2
4 Time Is Of The Essence 3
5 Termination of Agreement 3
5 Notices 3
7 Term 4
8 Entirety 4
40
•
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND
LOWE'S H.I.W., INC.
FOR PROFESSIONAL PLANNING SERVICES
21st �ugust
This Agreement is made and entered into this day of " a F , 2400, by
and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Lowe's H.I.W., Inc., a Vkgiaia corporation, hereinafter referred to as
"Developer."
WHEREAS, Developer is developing an area within the City of Huntington Beach; and
Developer is required to submit to the City for approval various entitlements, zone
changes, land use approvals and environmental assessments; and
Developer desires that all entitlements, zone changes, land use approvals and
environmental assessments to be processed as soon as possible; and
Developer desires to have City commit sufficient resources to enable the expeditious
processing of applications and other necessary documentation; and
Pursuant to California Government Code Section 87103.6, Developer is allowed to
defray the costs of processing development applications and entitlements by reimbursing the City
for such costs,
NOW, THEREFORE, in consideration of the promises and agreement hereinafter: made
and exchanged, the parties agree as follows;
1. PAYMENT
Developer agrees to reimburse City for its professional planning services in the
estimated total amount of One Hundred Fifty-three Thousand Nine Hundred Seventy-eight and
no/100 Dollars ($153,978.00), which represents the estimated cost for professional planning
4/s:4-2000 Agree Reimbursement Agmt.:Lo%%e's.
RLS 00-643
7/6100
40
c'.
services to prepare a Master Environmental Impact Report for the Lowe's Home Improvement
Warehouse project located at the former Rancho View School Site in the City of Huntington
Beach, as follows:
A. Developer shall deposit One Hundred Fifty-three Thousand Nine Hundred
Seventy-eight and no/100 Dollars ($153,978.00) with the City within ten (10) days following
adoption of this Agreement by the City Council.
B.- Developer acknowledges that the amount referenced in this Agreement is the
City's best estimate of the costs for professional planning services described herein, and that the
actual cost of said services may be higher. In the event that the actual cost of said services
exceeds the estimated costs, Developer agrees to pay the actual cost within ten (10) days after
receiving City's invoice for same. In the event the actual costs of the Reimbursement Services
are less than the estimated costs, City will refund the difference between the actual and estimated
costs.
2. STATEMENT OF WORK TO BE PERFORMED
The amount reimbursed to the City pursuant to this Agreement will help defray
the cost of professional planning services required to prepare a Master Environmental Impact
Report for Developer's project as set forth in Section 1 herein.
EXCLUSIVE CONTROL BY CITY
City will maintain exclusive control over the work described herein: Nothing in
this Agreement:
A. Shall be deemed to require City to approve any plan, proposal, suggestion,
application or request submitted by Developer.
2
41s:4-2000 Agree Reimbursement Agmt.:Lowe's.
kLS 00-643
716100
40
so
B. Shall be deemed to limit, in any respect whatsoever, City's sole authority
to direct and control the Planner assigned to Developer's various development projects.
C. Shall be deemed to impose any liability on the City different from any
liability as may otherwise be established by law.
4. TIME IS OF THE ESSENCE
City and Developer agree that time is of the essence for the professional planning
services to be funded pursuant to this Agreement.
5. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time with or without cause,
upon ten (10) days prior written notice to the other party. Developer shall be responsible for all
costs incurred prior to termination, including any and all costs incurred after notice of
termination has been given.
6. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to Developer's agent (as designed herein)
or to the City's Planning Director, 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 Services,
addressed as follows:
TO CITY:
Howard Zelefsky
Director of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
4/s:4,2000 Agree Reimbursement Agmt.:l,owe's.
ftL.S 00-643
7/6/00
TO DEVELOPER:
Lowe's H.I.W., Inc.
P.O. Box 1112
Highway 268 East
North Wilkesboro, NC 28659
Attn: Law Department
with a copy to:
Mr. Tom Maddox
Lowe's H.I.W., Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
7. TERM
This Agreement shall be effective on the date of its adoption by the City Council
of City. This Agreement shall expire when terminated as provided herein.
8. ENTIRETY
This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
LOWE'S H.I.W.. INC.,
a corporation
By: &YqL
David E. Shelton M
Senior Vice President
LE
stant Secretary
REVIEWED AND APPROVED:
657•�
City Adifinistrator
CITY OF HUNTINGTON BEACH,
a Californ unicipa corporation
ni
Mayor Pro Tem
ATTEST:
/!e'l^City Attorney
-16 -0 0�
INITIA ED ANf-
qryctor ROVED:
of Planning
4
4ls:4-2000 Agree Reimbursement Agmt. lowe's.
RLs 00-643
7.'6ip0
• 0
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of /1 oerA C4,eoGx��
County of 04kp
On Aqua /0 a oo before me, k' ,
DATE NAME, TITLE OF OFFICER- E-G..'JANE DOE, NOTARY PUBLIC -
personally appeared Nu;d_ c. sAel>ta. au-J k«:, a. i9evieN
NAMES) OF SIGNER(SI
Ci�personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
57LXES
A signature(s) on the instrument the person(s),
WCAR uNA or the entity upon behalf of which the
COMM - person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SI URE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLES)
❑ PARTNER(S) ❑ LIMITED
IL❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTrry(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
REAMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND
LOWE'S H.I.W., INC.
FOR PROFESSIONAL PLANNING SERVICES
Table of Contents
1 Payment 1
2 Statement of Work to Be Performed 2
3 Exclusive Control by City of Huntington Beach. 2
4 Time Is Of The Essence 3
5 Termination of Agreement 3
6 Notices 3
7 Term 4
8 Entirety 4
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND
LOWE'S H.I.W., INC.
FOR PROFESSIONAL PLANNING SERVICES
21st
August
This Agreement is made and entered into this day of : j , 2000, by
and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Lowe's H.I.W., Inc., a Vi;giaia corporation, hereinafter referred to as
"Developer."
WHEREAS, Developer is developing an area within the City of Huntington Beach; and
Developer is required to submit to the City for approval various entitlements, zone
changes, land use approvals and environmental assessments; and
Developer desires that all entitlements, zone changes, land use approvals and
environmental assessments to be processed as soon as possible; and
Developer desires to have City commit sufficient resources to enable the expeditious
processing of applications and other necessary documentation; and
Pursuant to California Government Code Section 87103.6, Developer is allowed to
defray the costs of processing development applications and entitlements by reimbursing the City
for such costs,
NOW, THEREFORE, in consideration of the promises and agreement hereinafter. made
and exchanged, the parties agree as follows:
I. PAYMENT
Developer agrees to reimburse City for its professional planning services in the
estimated total amount of One Hundred Fifty-three Thousand Nine Hundred Seventy-eight and
no/100 Dollars ($153,978.00), which represents the estimated cost for professional planning
4/s:4-2000 Agree Reimbursement Agmt.:Lowe's.
RLS 00-643
7/6/00
services to prepare a Master Environmental Impact Report for the Lowe's Home Improvement
Warehouse project Iocated at the former Rancho View School Site in the City of Huntington
Beach, as follows:
A. Developer shall deposit One Hundred Fifty-three Thousand Nine Hundred
Seventy-eight and no/100 Dollars (5153,978.00) with the City within ten (10) days following
adoption of this Agreement by the City Council.
B. Developer acknowledges that the amount referenced in this Agreement is the
City's best estimate of the costs for professional planning services described herein, and that the
actual cost of said services may be higher. In the event that the actual cost of said services
exceeds the estimated costs, Developer agrees to pay the actual cost within ten (10) days after
receiving City's invoice for same. In the event the actual costs of the Reimbursement Services
are less than the estimated costs, City will refund the difference between the actual and estimated
costs.
2. STATEMENT OF WORK TO BE PERFORMED
The amount reimbursed to the City pursuant to this Agreement will help defray
the cost of professional planning services required to prepare a Master Environmental Impact
Report for Developer's project as set forth in Section 1 herein.
3. EXCLUSIVE CONTROL BY CITY
City will maintain exclusive control over the work described herein. Nothing in
this Agreement:
A. Shall be deemed to require City to approve any plan, proposal, suggestion,
application or request submitted by Developer.
2
4/s:4-2000 Agree Reimbursement Agmt. lowe's.
RLS 00-643
116100
B. Shall be deemed to limit, in any respect whatsoever, City's sole authority
to direct and control the Planner assigned to Developer's various development projects.
C. Shall be deemed to impose any liability on the City different from any
liability as may otherwise be established by law.
4. TWE IS OF THE ESSENCE
City and Developer agree that time is of the essence for the professional planning
services to be funded pursuant to this Agreement.
5. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time with or without cause,
upon ten (10) days prior written notice to the other parry. Developer shall be responsible for all
costs incurred prior to termination, including any and all costs incurred after notice of
termination has been given.
6. NOTICES
Any notices or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to Developer's agent (as designed herein)
or to the City's Planning Director, 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 Services,
addressed as follows:
TO CITY:
Howard Zelefsky
Director of Planning
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
4/s:4-2000 Agree Reimbursement Agmt. lowe's.
RLS 00-643
7/6/00
TO DEVELOPER:
Lowe's H.I.W., Inc.
P.O. Box 1112
Highway 268 East
North Wilkesboro, NC 28659
Attn: Law Department
with a copy to:
� r •
Mr. Tom Maddox
Lowe's H.T.W., Inc.
1530 Faraday Avenue, Suite 140
Carlsbad, CA 92008
7. TERM
This Agreement shall be effective on the date of its adoption by the City Council
of City. This Agreement shall expire when terminated as provided herein.
8. ENTIRETY
This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers the day, month and year first above written.
LOWE'S H.I.W., INC.,
as=1 corporation
By:.
David E. Shelton -�-M
Senior Vice President
`�5.
CITY OF HUNTINGTON BEACH,
a Califo munici corporation
Mayor Pro em
ATTEST:
AND
B City Clerk r_ g,yb-aa
evin D. Bennett
Assistant Secretary APPROVED -AS TO FORM:
REVIEWED AND APPROVED:
62'e� 4J-� —
City Adm istrator
7/,W� Ci Attorney ,�-
E116 6G� Q �f?�
IlVIT TED AND APPROVED:
Dtr ctor of Planni
4
4/s:4-2000 Agree Reimbursement Agmc lowe's.
RIS 00-643
7/G100
CALIFORNIA ALL-PURPOSE 42KNOWLEDOMENT
•
No.SO47
State of 40(_-LyA _
County of d-.1Z i .- _
On Aa uAl II i2oon before me, �Jac��c 'e man ,
DATE NAME. TITLE OF OFFICER • E.G.,'JANE DOE, NOTARY PUBLIC'
personally appeared d E . Jhc/ d �/ ). den wj ,
NAME(S) OF SIGNER(S)
Vpersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
OFRUMA the same in his/her/their authorized
"EKHUFW acit tes ca y
NOTMYRarNOFf111CAROUNA p y(' ), and that b his/her their
CWMO signature(s) on the instrument the person(s),
my c4mmmm B00skm �
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIG RE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRIES$NTING:
NAME OF PERSON(S) OR ENTr1V(IES)
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 82313 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184
171
'
ATA
i
�4!Ni
F.
i
6AECE9VED
CITY OF HUNTINGTON BEACH
J U L 2 i 2000
Department of Planning
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-57 — Reimbursement Agreement with Lowe's HIW,
Inc. for Professional Planning Services
Date: July 27, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve a Reimbursement Amendment with
Lowe's HIW, Inc. for Professional Planning Services to prepare a
Master EIR for the Rancho View School Site".
If the City Council approves this request (total appropriation
$153,978) there will be no effect on the City's unreserved,
undesignated General Fund balance since the amount is funded by a
reimbursement from the developer.
__m
Joh Reekstin,
Director of Administrative Services
RCA -'R0Li4.i G S A E E 1,
INITIATING DEPARTMENT:
PLANNING
SUBJECT:
APPROVE A REIMBURSEMENT AGREEMENT WITH
LOWE'S HIW, INC. FOR PROFESSIONAL PLANNING
SERVICES TO PREPARE A MASTER EIR FOR THE
RANCHO VIEW SCHOOL SITE
COUNCIL MEETING DATE:
August 21, 2000
A ATTACHMENTS ; = , . :..00
._STATUS.::
Ordinance (w/exhibits & legislative draft if applicable)
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey) .
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Attached
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Nat Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION:: FOR .-MISS ING'ATTACHMENTS _ .
Y
A."4�"E71 T IYIJ Gr. ' 7 ,_JZ P.F-
REVIEW D .... °.
: _RETURNED _.
FORWARDED:
Administrative Staff
( )
( )
Assistant City Administrator (Initial)
{ )
( }
City Administrator (Initial)
City Clerk
{ }
:EXPLANATION FOR.;RETURN'`OF ITEM.::