HomeMy WebLinkAboutRAINBOW DISPOSAL INCORPORATED - 2007-02-20 Council/Agency Meeting Held: o� c2p
Deferred/Continued to: WaLe4
Approved ❑ Conditionally Approved ❑ Denied %SXa4v0CiWtierk)fSigna0e
Council Meeting Date: 2/20/2007 Department ID Number: PL07-05
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONOP-,$BL,EE MAY R AN Cl NCIL
SUBMITTED BY: PEN 'LOPE-CULBRETH-GRAFT, Ci y Administrator
i
PREPARED BY: SCOTT HESS, Acting Director of Plannin
SUBJECT: Approve Reimbursement Agreement with Rainbow Disposal
Incorporated for Preparation of Environmental Documentation for
Transfer Station and Appropriation of$66,137
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Transmitted for City Council's consideration is a Reimbursement Agreement between the
City and Rainbow Disposal Company, Inc. The Reimbursement Agreement will help defray
the costs of professional planning services associated with the environmental documentation
for the Rainbow Disposal Company transfer station upgrades.
Funding Source:
Pending City Council approval of this reimbursement agreement, Rainbow Disposal
Company will pay to the City $66,137 for the anticipated costs of preparing the requisite
environmental documentation. This constitutes revenue not anticipated in the adoption of the
original budget and will be used to fund the contract.
Recommended Action: Motion to:
1. "Approve the Reimbursement Agreement with Rainbow Disposal Company, Inc., as
prepared by the City Attorney, between the City and Rainbow Disposal Company, Inc.
2. "Authorize the Director of Finance to Appropriate funds in the amount of Sixty-six
thousand one hundred thirty seven dollars ($66,137) to account 10060201.69365 for
Planning Services related to preparation of environmental documentation for the
Rainbow Transfer Station upgrades."
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 2/20/2007 DEPARTMENT ID NUMBER: PL07-05
Alternative Action(s):
Continue the motion and direct staff accordingly.
Analysis:
Applicant: Rainbow Disposal Company, 17121 Nichols Street, Huntington Beach, CA 92647
Location: 17121 Nichols Street (Between Slater Avenue and Warner Avenue)
The applicant filed a Conditional Use Permit and Environmental Assessment for a project to
enclose a majority of the activities that currently take place at its facility. The project
includes the demolition of some existing structures and construction of new recycling
(30,500 sf) and transfer buildings (169,700 sf). These new buildings and operations would
enable Rainbow to increase the tonnage of waste processed and target additional
wastestreams for recycling such as construction and demolition debris and commercial
waste, and to do so while improving environmental conditions around the plant as compared
to current operations.
The Planning Department has hired Jones & Stokes Associates to prepare the environmental
documentation. Jones & Stokes was selected in accordance with the Municipal Code and
Administrative Regulations pertaining to professional services agreements. The cost of the
contract is $66,137. As the amount of the contract does not exceed $100,000, the City
Administrator's signature was sufficient to execute the agreement. These costs will be
reimbursed by Rainbow Disposal Company as a result of this reimbursement agreement.
There have been many reimbursement agreements requested by 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. Staff recommends the City Council approve the reimbursement
agreement.
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
Page Number No. Description
1. Reimbursement Agreement with Rainbow Disposal Company, Inc.
2. Fiscal Impact Statement
-2- 1/29/2007 11:33 AM
ATTACHMENT # 1
REIMBURSEMENT-PLANNING-AGREEMENT BETWEEN THE
i CHIT Disposal HUNTINGTON BEACH AND
Ccmpany, Inc.
FOR COSTS INCURRED FOR
Environmental Documentation for Transfer Station
THIS AGREEMENT ("Agreement") is made and entered into this 20th day
of February , 2 007 , by and between the City of Huntington Beach, a
municipal corporation of the State of California, hereinafter referred to as "CITY," and
Rainbow Disposal Company a California Corporation
hereinafter referred to as"DEVELOPER."
WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington
Beach known as Rainbow Transfer Station
; 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:
agree/forms/reimburse/rev 10/18/01-A I
rev 10/14/02
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
Twenty Thousand 20,000.00
Dollars ($ ) (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($1,000),DEVELOPER
shall make the next Quarterly Payment within ten (10) days notice from CITY.
DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's
best estimate of the costs for the services described herein, and that the actual cost of said
services .may be higher. In the event that the actual cost of said services exceeds the
estimated costs, DEVELOPER agrees to pay the actual cost within ten (10) days after
receiving CITY's invoice for same. In the event the actual costs of Reimbursement Services
are less than the estimated costs, CITY will refund the difference between the actual and
estimated costs.
B. The estimated cost to cover twelve (12) months of professional services is
Sixty six thousand, one hundred thirty seven 66,137.00
Dollars ($ ).
C. A late payment fee of ten percent (10%) will be assessed if CITY receives
any payment later than the thirtieth (30`h) day after that payment is due but unpaid. In
addition, one and one-half percent (1'/2) interest per month shall be added for each month the
payment hereunder is due but unpaid.
agree/forms/reimburse/rev10/18/01-A 2
rev 10/14/02
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 IS OF THE ESSENCE
CITY agrees that time is of the essence for the performance of the work to be funded
pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice,
DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the
Planning Director.
agree/forms/reimburse/rev 10/18/01-A 3
rev 10/14/02
6. TERMINATION OF AGREEMENT
Either party may terminate this Agreement at any time with or without cause, upon
ten (10) days prior written notice to the other party. DEVELOPER shall be responsible for all costs
incurred prior to termination, including any and all costs incurred after notice of termination has
been given.
7. TERM
This Agreement shall be effective on the date of its approval by the City Council of
CITY. This Agreement shall expire when terminated as provided herein.
8. NOTICES
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant, or by enclosing
the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal
Service, to the addresses specified below; provided that CITY and DEVELOPER, by notice given
hereunder, may designate different addresses to which subsequent notices, certificates or other
communications will be sent:
TO CITY: TO DEVELOPER:
City ofHu�ts° op�%r S. Davis
ATTN: — /47rH: Te►^r y �-
2000 Main Street
Huntington Beach, CA 92648 P. D� 8OX !o�6
ytati �3,ee�r, CA 9'acU7
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/reimburse/rev 10/18/01-A 4
rev 10/14/02
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
agree/forms/reimburse/rev 10/18/01-A 5
rev 10/14/02
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. ATTORNEY'S FEES
In the event suit is brought by either party to construe, interpret and/or enforce the
terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear
its own attorney's fees.
16. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of California.
agree/forms/reimburse/rev 10/18/01-A 6
rev 10/14/02
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
d�afilhetj o l 6 p S4 ��,�/1 C . municipal corporation of the State of
California
l (.
By ay or
Q 1of �"►e�-��►.-fit' `.
print name ATTEST:
ITS: (circle one)Chairm residen ice President QM194)
AND Clerk
By: APPROVED AS TO FORM:
evole +02L FLA 1 -7
print name h"City Attorney
ITS: (circle one) Secrets hief Financial Officer/Asst.
Secretary—Treasurer
INITIAT AND APPROVED:
REVIEWED AND APPROVED:
Direc r of
Ci6 Administrator
agree/forms/reimburse/rev 10/18/01-A 7
rev 10/14/02
State of California )
CALIFORNIA ALL-PURPOSE _
County of D ) CERTIFICATE OF ACKNOWLEDGMENT
On g-7 before me, ,y&s. a
re insert name nd titV o the officer)
personally appeared
3 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose R
5 name(s) isAaf&subscribed to the within instrument and acknowledged to me that he`�",�,%�they-executed the
same in his'",-rre� authorized capacity(ies), and that by his/ e+h signature(s) on the instrument the 3
3 person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal. _ J. MURPHY
Comm.# 1693758OBARBARA
NOTARY PUBLIC-CALIFORNIA N
ORANGE COUNTY
MY Comm.Exp.SEPT.15,2�f
Signature !/UG�4.�B-t Wit.
(Seal)
OPTIONAL INFORMATION
Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document ;
The preceding Certificate of Acknowledgment is attached to a document Method of Signer Identification R
titled/for the purpose of 4k4�te.4.2Prni��s /� Q Personally known to me o
- - / ❑Proved to me on the basis of satisfactory evidence: s
L0 form(s)of identification Q credible witness(es)
x Identification is detailed in notary journal on:
containing pages,and dated oZ00 Page# Entry#_�
The signer(s) capacity or authority is/are as: Notary contact:
❑ Individual(s) Other
❑ Attorney in Fact ❑ Additional Signers) ❑ Signer(s)Thumbprint(s)
Corporate Officer(s)
Title(s) ❑
❑ Guardian/Conservator
❑ Partner-Limited/General -
❑ Trustee(s)
f
❑ Other:
representing:
Name(s)of Person(s)or Entity(ies)Signer is Representing _
F
0 Copyright 2005 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 10/05, To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.notaryroTafy.com
ATTACHMENT #2
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
FINANCE DEPARTMENT
TO: PENELOPE CULBRETH-GRAFT,DPA, CITY ADMINISTRATOR
FROM: DAN T.VILLELLA, CPA, FINANCE DIRECTOR
SUBJECT: FIS 2006-07-12 Approve Reimbursement Agreement with Rainbow Disposal
Incorporated for Preparation of Environmental Documentation for Transfer
Station and Appropriation of$66,137
DATE: JANUARY 23, 2007
As required by Resolution 4832, this Fiscal Impact Statement has been prepared for"Approve
Reimbursement Agreement with Rainbow Disposal Incorporated for Preparation of
Environmental Documentation for Transfer Station and Appropriation of$66,137"
If the City Council approves this action there will be no effect on the fund balance of any fund
since the amount will be funded by revenues not anticipated during the adoption of the 2006-07
budget..
Dan T. Villella
Finance Director
RCA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Approve Reimbursement Agreement with Rainbow
Disposal Co. Inc. for transfer station project
COUNCIL MEETING DATE: February 20, 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. VAttached
(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 FORWARD D
Administrative Staff
Deputy City Administrator (Initial) ( ) ( )
City Administrator (Initial) ( ) ( )
City Clerk
......_...
EXPLANATION FOR RETURN'OF ITEM.
Only)(Below Space For City Clerk's Use
RCA Author: M. Broeren/C.Davis
'6 , CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
February 23, 2007
Rainbow Disposal Co., Inc.
Attn: Jerry Moffatt
P. O. Box 1026
Huntington Beach, CA 92647
Dear Mr. Moffatt:
Enclosed for your records is an original Reimbursement— Planning —Agreement
Between the City of Huntington Beach and Rainbow Disposal Company, Inc. for Costs
Incurred for Environmental Documentation for Transfer Station.
Sincerely,
Joan L. Flynn
City Clerk
JF:pe
Enclosure: Agreement
G:foI1owup:agrmtltr
(Telephone:714-536-5227)