HomeMy WebLinkAboutPOSEIDON RESOURCES CORPORATION - 2003-12-15 ILv
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Council/Agency Meeting Held: Y
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied Gc 7 City Clefles S� ature
Council Meeting Date: December 15, 2003 Department ID Number: PL03-33
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator&v /
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE REIMBURSEMENT AGREEMENT WITH POSEIDObh
RESOURCES CORPORATION FOR PLANNING SERVICES `" b
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue:
Transmitted for City Council consideration is a Reimbursement Agreement between the City
and Poseidon Resources Corporation, the project proponent, to reimburse the City for
additional planning services to complete the environmental documentation for the Poseidon
desalination plant.
Funding Source:
Not applicable.
Recommended Action:
Motion to:
"Approve and authorize the Mayor and City Clerk to execute the Reimbursement Agreement
between the City of Huntington Beach and Poseidon Resources Corporation for costs
incurred for planning services."
Alternative Action:
The City Council may make the following alternative motions:
1. "Deny the Reimbursement Agreement between the City and Poseidon Resources
Corporation."
2. "Continue the item and direct staff accordingly." r�
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MEETING DATE: December 15, 2003 DEPARTMENT ID NUMBER: PL03-33
Analysis:
Poseidon Resources Corporation submitted applications for the construction of a
desalination plant on an 11-acre lease area at the AES generating station. In 2001 the City
Council approved a Reimbursement Agreement with Poseidon Resources Corporation for
costs incurred in the preparation of an Environmental Impact Report for the proposed
desalination plant. Because of necessary additional work beyond the scope of the original
contract, the City has had to enter into a second Professional Services Contract with RBF
Consulting Inc. Therefore, a corresponding Reimbursement Agreement with Poseidon
Resources Corporation for the additional planning services is necessary. The agreement will
reimburse the City 100 percent of the cost of the additional planning services provided by
RBF Consulting. Staff recommends City Council approval of the Reimbursement Agreement
with Poseidon Resources Corporation as drafted, and authorize the Mayor and City Clerk to
execute the document.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this agreement,
are categorically exempt from the California Environmental Quality Act pursuant to Section
15300.1.
Attachment:
City Clerk's
Page Number No. Description
1 Reimbursement Agreement
RCA Author: Ricky Ramos/Mary Oath Broaren
PL03-33 -2- 1112012003 4:38 PM
ATTACHMENT 1
REIMBURSEMENT-PLANNING -AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND
FOR COSTS INCURRED FOR
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THIS AGREEMENT ("Agreement") is made and entered into this 1� day
of ��.t �. , 2 by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
4=-�W f;*�av+Pff—S t .poRt�t1 C a �.d�yYpi ol�
hereinafter referred to as"DEVELOPER."
WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington
Beach known as
and
DEVELOPER is required to submit applications to CITY for approval of various
discretionary matters, such as entitlements, zone changes, land use approvals and environmental
assessments; and
DEVELOPER desires that all entitlements, zone changes, land use approvals and
environmental assessments be processed as soon as possible; and
DEVELOPER desires to have CITY commit sufficient resources to enable the expeditious
processing of applications and other necessary documentation; and
Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to
defray the cost of processing development applications and entitlements by reimbursing CITY for
such costs,
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and
exchanged, the parties agree as follows:
agreelformslreim6urselrcv 10!18?01-A 1
rev 10114!02
1. PAYMENT
DEVELOPER agrees to reimburse CITY for its professional services as follows:
A. DEVELOPER will make an initial payment to CITY in the amount of
_t_V44 WNC*4EP 00
'1 r� —41VIE Dollars ($_ lot ) (hereinafter
the "Amount of Deposit") on the first day of each third month. Thereafter, DEVELOPER
shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount
paid to CITY for professional services funded by this Agreement (the "Quarterly Payment").
The parties acknowledge that the Amount of Deposit will be used to pay the professional
planning services funded by this Agreement, and if, prior to the payment of any Quarterly
Payment, the Amount of Deposit is less than One Thousand Dollars ($1,000), DEVELOPER
shall make the next Quarterly Payment within ten (10) days notice from CITY.
DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's
best estimate of the costs for the services described herein, and that the actual cost of said
services may be higher. In the event that the actual cost of said services exceeds the
estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after
receiving CITY's invoice for same. In the event the actual costs of Reimbursement Services
are less than the estimated costs, CITY will refund the difference between the actual and
estimated costs.
B. The estimated cost to cover twelve (12) months of professional services is
� ---�l�V_—t-r-C)tA ,ar l� s� IDoll Dollars
(S l�3 1OL
Dollars (S � _ ).
C. A late payment fee of ten percent (10%) will be assessed if CITY receives
any payment later than the thirtieth (301h) day after that payment is due but unpaid. In
addition, one and one-half percent(I%2) interest per month shall be added for each month the
payment hereunder is due but unpaid.
agrce/forms iref mh urse/rev 10.!1810[-A 2
rev IW14:`02
2. STATEMENT OF INTENT
The amounts reimbursed to CITY pursuant to this Agreement will help defray
CITY's cost of the professional planning services required to process DEVELOPER's various
development applications and entitlements as set forth herein.
3. EXCLUSIVE CONTROL BY CITY
CITY will maintain exclusive control over the work described herein. Nothing in
this Agreement:
A. Shall be deemed to require CITY to approve any plan, proposal, suggestion,
application or request submitted by DEVELOPER.
B. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to
direct and control the planner(s) assigned to DEVELOPER's various development projects.
C. Shall be deemed to impose any liability on CITY different from any liability
as may otherwise be established by law.
4. CITY EMPLOYEES AND OFFICIALS
DEVELOPER shall employ no CITY official nor any regular CITY employee in the
work performed pursuant to this Agreement. No officer or employee of CITY shall have any direct
financial interest in this Agreement.
5. TIME 1S OF THE ESSENCE
CITY agrees that time is of the essence for the performance of the work to be funded
pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice,
DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the
Planning Director.
agreelformsfreimbursc.'rev I0 18 01•A 3
rev 10.114102
6. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time with or without cause, upon
ten (10) days prior written notice to the other party. DEVELOPER shall be responsible for all costs
incurred prior to termination, including any and all costs incurred after notice of termination has
been given.
7. TERM
This Agreement shall be effective on the date of its approval by the City Council of
CITY. This Agreement shall expire when terminated as provided herein.
8. NOTICES
Any notices, certificates, or other communications hereunder shall he given either by
personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant, or by enclosing
the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, to the addresses specified below; provided that CITY and DEVELOPER, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent:
TO CITY: TO DEVELOPER:
City of Huntington Beach 05•.JDSI V-L 4�c•IL11�I,tE�`-t
ATTN: ltiK."I �zwE-io5 #�- i�N f,4a,5dAT�s
2000 Main Street 31 tvo K.11.�v�f -1-=11:&PC1Wr vgal 1 2-
Huntington Beach, CA 92648 Lot it;, '.� C.4,- clowow
9. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid unless in
writing and duly executed by both parties.
agree-'forms"rei mburse:'rev 10'19.01-A 4
rev 10.`14:`02
s •
10. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases
at the beginning of the various sections in this Agreement are merely descriptive and are included
solely for convenience of reference only and are not representative of matters included or excluded
from such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this Agreement.
11. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent
upon any other unless so expressly provided here. As used in this Agreement, the masculine or
neuter gender and singular or plural number shall be deemed to include the other whenever the
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
12. 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
agrec.`lorms'ref mburse rev 10'18 01-A 5
rev 1014+02
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
13. IMMIGRATION
DEVELOPER shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
14. LEGAL SERVICES SUBCONTRACTING PROHIBITED
DEVELOPER and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. DEVELOPER understands that pursuant to Huntington
Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and
CITY shall not be liable for payment of any legal services expenses incurred by DEVELOPER.
15. ATTORNiEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees.
16. GOVER_NING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
agrcc/forms`reimhursc rev10 18 01_A 6
rev 10!14102
17. ENTIRETY
This Agreement, and the attached exhibits, contains the entire agreement between the
parties respecting the subject matter of this Agreement and supercedes all prior understanding and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized offices the day, month and year first above written.
DEVELOPER,
CITY OF HUNTINGTON BEACH, a
I�^ 't�'' S �P municipal corporation of the State of
California
By: '
. ayor
_--
print iarne ATTEST:
ITS: (circ a one)ChainnaniPresidenUV ce President
D City Clerk 1 a-ate 3
By: - APPROVED AS TO FORM:
An &-C'J snt�
print narne T 110 CityAttorney'
ITS: (circle one) SecretaryiChief Financial Officer/Asst,
Secretary—Trcasurer 4r �d3
1NIT ED AND APP OVED:
REVIEWED AND APPROVED:
ctor of N
City Arillinistrator
agrec•Yorms:rcimbursc rcv10 18 01-A 7
rev 10114/02
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Approve Reimbursement Agreement with Poseidon
Resources Corporation
COUNCIL MEETING DATE: December 15, 2003
RCA ATTACHMENTS STATUS
Ordinance (wlexhibits & legislative draft if ap licable) Not Applicable
Resolution wlexhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
Si ned in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomeyj Not Applicable
Certificates of Insurance (Approved by the City Attome Not Applicable
Financial Impact Statement (Unbud et, over $5,000) Not Applicable
Bonds If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable)) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator initial
City Administrator Initial
Cit Clerk
EXPLANATION FOR RETURN OF ITEM:
(BelowOnly)
RCA Author: HZ:SH:MBB:RR
i •
[, CITY OF HUNTINGTL7N 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/
REDEVELOPMENT AGENCY OF THE CITY OF HIINTINGTON BEACH
DATE. 41�.. Q3
TO: A_SC_').A6tJd G IU° ATTENTION: _Jas/ G ._ _Q,�Le y
Name
.3 3•10O K'I LR.Q y J41&PatiT`Uk� 1bODEPARTMENT:
syeet
CA' qO 6006 REGARDING:
City,State,Zip
See Attached Action Agenda Item F(C) _ Date of Approval /D 3
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
e4�7 �yz�N't''"^' Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page ,/ Agreement Bonds Insurance
RCA Deed Other
cc: R �iSMa QS ,•� ✓
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Insurance
(Telephone; 714536-5227)
(17) • December 15, 2003 -CAII/Agency Agenda - Page 17
E-9. (City Council) Adopt Resolution No. 2003-94 Designating Authority to the City
Administrator, Assistant City Administrator and the Economic Development
Director as the Authorized Officials to Execute Administrative Documents for the
Community Development Block Grant (CDBG) and HOME Investment Partnership
Programs (630.50)—Adopt Resolution No. 2003-94—"A Resolution of the City Council
of the City of Huntington Beach Designating the City Administrator, the Assistant City
Administrator and the Director of Economic Development as Authorized Officials to Sign
Documents Related to the Administration of the City's Community Development Block
Grant and Home Investment Partnership Programs. Submitted by the Economic
Development Director. Funding Source: Not Applicable.
Adopted 7-0
E-10. (City Council) Approve Reimbursement - Planning Agreement between the City
and Poseidon Resources Corporation for Planning Services to Complete
Environmental Documentation for the Poseidon Desalination Plant (600.10)—
Approve and authorize the Mayor and City Clerk to execute the Reimbursement—
Planning Agreement between the City of Huntington Beach and Poseidon Resources
Corporation for Costs Incurred for Preparation of Environmental Documentation for
Poseidon Desalination Project. Submitted by the Planning Director. Funding Source:
Not Applicable.
Approved 7-0
E-11. (City Council Approve Professional Services Contract between the City and
Engineering Resources of Southern California, Inc. for Plan Checking and
Development Processing Staff for the Public Works Department (600.10)—
Approve the Professional Services Contract between the City of Huntington Beach and
Engineering Resources of Southern California, Inc. for Plan Check and Development
Processing Services and authorize the Mayor and City Clerk to execute same.
Submitted by the Public Works Director. Funding Source: $200,000 — Fiscal Year
2003/04 - General Fund, Professional Services Account. Fee-based revenues
supported entirely by developer payments.
Approved 7-0
E-12. (City Council) Approve Additional Funds for Speer and Liberty Streets Rehabilitation
Project; CC-1142 -Change Orders (600.50) —Authorize an additional $40,000.00 to cover
the additional change orders for Speer and Liberty Streets Rehabilitation Project; CC-1142.
Submitted by the Public Works Director. Funding Source: $40,000— Measure M, Minor
Street Improvements Account.
Approved 7-0
E-13. (City Council) Accept Bid and Award Construction Contract to SRD Engineering, Inc.
for the Ellis Avenue Drainage and Street Improvement Project; CC-1220 ( . )- 1.
Accept the lowest, responsive and responsible bid submitted by SRD Engineering, Inc., in
the amount of$74,333.00 for the Ellis Avenue Drainage and Street Improvement Project;
CC-1220; and 2. Authorize the Mayor and City Clerk to execute a construction contract in
substantially the same form as the attached sample contract. Submitted by the Public
Works Director. Funding Source: Sufficient Measure M fund, Minor Street Improvements
Account. Engineer's estimate - $75,000.00.
Approved 7-0