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HomeMy WebLinkAboutPLC LAND CO - 1999-06-07 Council/Agency Meeting Held: m Deferred/Continued to: Ap roe © Conditionally Ap rove Denied l/i C' Clerk's Signature r Council Meeting Date: June 7, 1999 Department ID Number: CD 99-20 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '=_{`�: w C- SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY: HOWARD ZELEFSKY, Planning Director ----� SUBJECT: REIMBURSEMENT AGREEMENT WITH PLC FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE NORTHAM HOUSE PROJECT 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 PLC. The Reimbursement Agreement will help defray the costs of professional planning services associated with the Northam House Project. The term of the Reimbursement Agreement is April 1999 through February 2000, subject to mutual agreement by City staff and PLC. Funding Source: The proposed Reimbursement Agreement between the City and PLC requires the developer to help defray the costs of professional planning services associated with its Northam House Project by depositing initial funds of Ten Thousand Dollars ($10,000.00) with the City. The remaining Sixty Eight Thousand Seven Hundred Fifty-Eight and 001100 Dollars ($68,758.00) is to be paid by developer in monthly increments as billed by the City. . Recommended Action: Motion to: 1. "Approve the Reimbursement Agreement with PLC, as prepared by the City Attorney, between the City and PLC for the term of April 1, 1999 through February 29, 2000, subject to mutual agreement by the City and PLC and authorize the Mayor and City Clerk to sign." *QUESFO R COUNCIL A TN TC MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: CD 99-20 2. "Appropriate funds in the amount of Seventy Eight Thousand Seven Hundred Fifty- Eight and 001100 Dollars ($78,758.00) in connection with the Reimbursement Agreement between the City and PLC." Alternative Action(s): The City Council may make the following alternative motions: 1. "Deny the Reimbursement Agreement between the City and PLC." 2. "Continue the item and direct staff accordingly." Analysis: A. BACKGROUND PLC is proposing development of a 17-unit subdivision consisting of single-family dwelling units on the site of the Northam Ranch House. Said development will necessitate the demolition of the existing Northam Ranch House structure which is potentially an historic structure and removal of all existing vegetation, including mature trees. Prior to the proposed development, a Focused Environmental Impact Report must be completed to assess any environmental considerations and appropriate mitigation measures if necessary. B. STAFF ANALYSIS AND RECOMMENDATION: In the last year and a half, there has been a substantial increase in planning and development activity. This increase in activity is primarily due to the economy and the proposal of many development projects submitted or proposed, such as PLC's 17-unit subdivision on the site of the Northam Ranch House. To help facilitate the timely processing of entitlements in connection with its Northam House Project, a Reimbursement Agreement will have to be entered into. This Reimbursement Agreement will require an appropriation of funds by the City, and pursuant to City Council requirements, as adopted in March 1998, this appropriation must be off-set by related new revenues. PLC has agreed to enter into a Seventy Eight Thousand Seven Hundred Fifty-Eight and 001100 Dollars ($78,758.00) Reimbursement Agreement with the City by which the cost of professional planning services to prepare a Focused Environmental Impact Report for its Northam House Project will be defrayed. Staff recommends the City Council approve the Reimbursement Agreement between the City and PLC and authorize the Mayor and the City Clerk to sign. Environmental Status: The agreement is categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. CD99-20 -2- 05/13199 2:15 PM *QUESFoR cou cN ILA TcAN MEETING DATE: June 7, 1999 DEPARTMENT ID NUMBER: CD 99-20 Attachment: City Clerk's Page Number 1. Reimbursement Agreement. 2. Fiscal Impact Statement. CD99-20 -3- 05/13/99 2:15 PM CITY OF HUINTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPINIENT AGENCY OF THE CITY OF HUNTUN GTON BEACH DATE: TO: ATTENTION: N e _ DEPARTIVIEhT: 5T „ 1 U/ t �-// LCJ .� O REGARDING: Ci •Stat ,Zip See Attached Action Agenda Item Date of Approval �0 7 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: G ` Connie Brockway City Clerk Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other CC: Ze /G -=7,5X y/ /�a}�7?i�7 G ✓ Na Department / RCA Agreement Insurance Other m��11 N De ent RC Agre:�e Insurance Other Tr Name Department RCA Agreerjent Insurance Other Name Department RCA Agree nen: Insurance Other Risk Management Dept. insurance Received by Name- Company Name - Date GTollowuplcoverltr I Telephone:714.536.5227) REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HU TINGTOI\ BEACH AND PLC FOR PROFESSIONAL PLANNING SERVICES Table of Contents Section Page 1 Payment 1 2 Statement of Work to be Performed 2 3 Exclusive Control by City 2 4 Time Is Of the Essence 3 5 Termination of Agreement 3 6 Notices 3 7 Term 4 S Entirety 4 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR PROFESSIONAL PLANNING SERVICES r�± .Tien e-, This Agreement is made and entered into this 'day of—�� , 1999, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "City," and PLC, a California General Partnership, 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 be processed as soon as possible; and Developer desires to have the City commit sufficient resources to enable the expeditious processing of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, Developer is allowed to defray the cost of processing development applications and entitlements by reimbursing the City for such costs, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties agree as follows: 1. PAYMENT Developer agrees to reimburse the City for its professional planning services in the estimated total amount of Seventy-eight Thousand Seven Hundred Fifty-eight and no/100 Dollars (S78,758.00) per year, which represents the estimated cost for professional planning services 1 4-sgA-99Agree:P 1-CO3 l 8 RLS 99-179 31M 99 required to prepare a Focused Environmental Impact Report associated with Developer's project, as follows: A. Developer shall pay Ten Thousand Dollars (510,000.00) to City within ten (10) days following the adoption of this Agreement by the City Council. B. Developer shall make additional payments on the remaining amount of Sixty- eight Thousand Seven Hundred Fifty-eight Dollars ($68,758.00) on an as-needed basis within ten days from receipt of notice by the City that an additional payment is required. C. Developer acknowledges that the amounts referenced in this Agreement are City's best estimate of the cost for the 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 cost, Developer agrees to pay the actual cost within ten (10) days after receiving City's invoice for same. In the event that the actual cost of said services is less than the estimated cost, City will refund the difference between the actual cost and the estimated cost. 2. STATEMENT OF WORK TO BE PERFORMED The amounts reimbursed to the City pursuant to this agreement will help defray the cost of the professional planning services required to prepare a Focused Environmental Impact Report for Developer's project. 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 the City to approve any plan, proposal, suggestion, application or request submitted by Developer. 2 4-sgA-99Agree:P LC0318 RLS 99-179 3 19.:99 B. Shall be deemed to limit, in any respect whatsoever, City's sole authority to direct and control the planner and engineer assigned to the 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. S. 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 designated herein) or to City's Director of Planning, 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: To Developer: Mr. Howard Zelefsky Mr. William D. Holman Director of Planning PLC City of Huntington Beach 23 Corporate Plaza, Suite 250 2000 Main Street Newport Beach, CA 92660 Huntington Beach, CA 92648 3 4-se:4-99Agree:P LC0319 KLS 99-179 It 18.199 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. PLC, CITY OF HUNTINGTON BEACH, a a California general partnership Californ m cipal co oration By: PLC Holdings a California general partnership Mayor general partner of PLC ATTEST: By: PACLACO, INC., a California corporation, general s partner of PLC l 'ngs City Clerk APPROVED AS TO FORM: G¢A� . U a �- 0-J6;- (print name) ity ttomey�-�- Its (circle one) Chairman of the Board/ 3 j$- q5 `5-�I�"�l President/Any ice Pres>den REVIEWED AND APPROVED: By L� l/C"' City ATministrator 01h R4 5 TO P AIL C- (Ie(3s (print name INITIATED AND APPROVED: Its (circle one ecreta Any Assistant Secretary/chie mancialOfficer; Any Assistant Treasurer Nrector of Pla&ng SIGNATURES CONTINUED ON NEXT PAGE 4 4-sg:4-99AgreeTLC03 4 8 RLS 99-179 31899 By: T/L HUNTIIvTGTON BEACH LLC, a Delaware limited liability company, general partner of PLC By: BRAMALEA CALIFORNIA, LLC, a California limited liability company, Manager of TIL Huntington Beach LLC By: LENNAR HOMES OF CALIFORNIA, INC., a California corporation, manager Bramalea liforni , C By (print name) Its (circle o ) C irm f th ard/ iden An Vi P s' ent By + t^j print name) --� Its (ci Ll.e�e)Secretary/ Assistant Secreta Fief Financial Officer; Any Assistant Treasurer 5 4-sgA-99Agree:P1-0031& Rl-S 99-179 3/1 R 99 i • APR 2 o T9 J •J CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION " To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 98-36 Reimbursement Agreement with PLC for the Preparation of a Focused Environmental Impact Report for the Northam House Projct Date: April 27, 1999 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Reimbursement Agreement with PLC for the Preparation of a Focused Environmental Impact Report for the Northam House Projct." If the City Council approves this action, (total appropriation $78,758), there will be no effect on the City's undesignated, unappropriated General Fund Balance since the proposed expenditure is fully reimbursed by the developer. J n Reekstin, Director of Administrative Services RCA ROUTING SHEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: REIMBURSEMENT AGREEMENT WITH PLC FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE NORTHAM HOUSE PROJECT COUNCIL MEETING DATE: June 7, 1999 RCA ATTACHMENTS 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 Attome Attached Subleases, Third Party Agreements, etc. (Approved as to form PZ City Attome Not Applicable Certificates of Insurance LApproved by the City Attome Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds Qf applicable) Not Applicable Staff Report If a licable Not Applicable Commission, Board or Committee Report If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Not Applicable�J EXPLANATION FOR MISSING ATTACHMENTS:'_ REVIEWED RETURNED- FO RDED Administrative Staff Assistant City_Administrator Initial City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: Only)(Below Space For City Clerk's Use