HomeMy WebLinkAboutSHEA HOMES - 1999-12-06 •
11 O- B
OFFICE OF THE CITY CLERK
CITY OF-HUNTINGTON BEACH
P. O. Box 190/2000 Main Street
Huntington Beach, CA 92648
(714) 536-5227
(714) 374-1557 FAX
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: November 25, 2002
TO: Shea Homes, L.P. ATTENTION: Ronald C. Metzler
Name
655 Brea CMon Road _ DEPARTMENT:
street
Walnut CA 917aR-0482 REGARDING: Ameudment No. 2
City,State,zip Reimbursement Agreement
See Attached Action Agenda Item E-15 Date of Approval 11/18/02
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Cleric
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
CC: Mary Beth Broeren Planning x x
Name Department RCA Agreement Insurance Bonds
Name Department RCA Agreement Insurance Bonds
Name Department RCA Agreement Insurance Bonds
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
g:lfollowup/letters/coverltrRevA.doc
(17) November 18,2002 -Council/Agency Agenda - Page 17
E-12. (City Council) Adopt Resolution No.2002.118 Authorizing Execution of Program
Supplements for Hazard Elimination Safety HES) Grant Prolects, (1) M016
Pavement Markers: CC-1140 and (2) M017 tTraffic Signal Modifications=CC-1128)
: orVarioUs City Streets.(600.20) Adopt Resolution No. 2002-.118—"A Resolution of.
the City Council of the-City of Huntington Beach Authorizing the Mayor and City.Clerk to
Execute Program Supplement Nos. M016 and M01 fi to Agreement No. 12-5181 for the
installation of Pavement Markers on Various Streets within the City Limits, CC-1140,and
for the Traffic Signal Modifications at the Intersections of Newland/Warner, Bolsa Chica/
Warner, EdwardslWadden, Gothard/Slater, and Golden West/Palm, CC-1128.u
Submitted by the Public,Works Director. Funding Source: Not applicable.
Approved 7-0
3
E-13. Ci CounclllRedeveio ment A-gencyl Approve Credit for Debt Repayment for Lot i
AA and Lot BB of Tentative Tract Map 15549 for Acquisition Costs of the
Waterfront Hotel Parcel (600.30)—Approve the debt repayment of$3,556,003
(principal and interest accrued as of October 2002)'from the Redevelopment Agency to '
the City and any additional amount accrued to date for the Agency's acquisition costs
associated with Lots AA and BB of Tentative Tract Map 15549. Submitted by the
Economic Development/Del2uty Executive Director. Funding Source: No actual
monetary cost;the amount of debt owned to the city by the Redevelopment Agency will
be-reduced.
Approved:7-0 .
. ree between he I d the
E-14. (City Council)Authorize Grant Award Agreement e t C_ _ _n_ _ _ _ _t�a_n
California Energy Commission CEC to Install Traffic Signal Saftely Backu
Systems-Authorize Staff to (11)Prepare Contract Bid Documents: 2 Advertise for
_Bid: and (3) Purchase and install at the 62 Flisghest Priority Locations (600.20)—1. I
Authorize the City Administrator to execute a grant award agreement with the California
Energy Commission (CEC); and 2. Authorize staff to prepare contract bid documents
.and advertise for bid, the purchase and installation of traffic signal batter backup +
systems at the 62 highest priority locations; and 3. Find that, because the funding for
Installation of traffic signal batter backup systems Is a one-time allocation from the CEC,
It is appropriate to limit the Installations to the highest priority Intersections in the city,
due to unfounded_, on-going maintenance and replacement obligations. Submitted by
the Publlc Works Director. -Fund!ng.Source: Matching funds of$108,400 are available
through`Air Quality Funds (Traffic Signals). The project has a funding commitment of.up
to$291,200 from the California Energy Commission (CEC)for 70 percent of the cost of
equipment purchases. Grant funds will be appropriated at the time of project award.
Approved 5-0-2(Green, Boardman out of room)
E-15. (City Council)Approve Amendment No.2 to the Reimbursement Agreement
between the City and Shea Homes Limited Partnership In Connection with the
Environmental Impact Report(EIR) No.97 2 Relating to the Parkside Estates
Pro Le (600.10)—1.' Approve and authorize the Mayor and City Clerk to execute +
Amendment No. 2 to Reimbursement Agreement between the City of Hunington Beach
and Shea Homes Limited Partnership for Costs Incurred for Professional Planning
Services in Connection with the Environmental Impact Report 97-2 Relating fo the
Parkside Estates Project,and 2. Authorize acceptance of$50,000 deposit funds and i
(18) November 18, 2002 -Council/Agency Agenda - Page 18
appropriate$50,000 from the unappropriated, undesignated General Fund Balance into
the Planning Operating Account for Contract Services (10060201.69365) In connection
with the Reimbursement Agreement between the City and Shea Homes Limited
Partnership to be utilized by the Department of Planning for environmental consulting ,
services. Submitted by the Planning Director. -Funding Source.- Unappropriated,
-undesig'nated General Fund Balance in the amount of$50,000. .
Approved'7--0
E-16. (City Council Approve Agreement between the City and the Coun of Orange to
Provide 150,000 Rapid ResponseMorkforce Investment Act Grant to the City for
Employment and Training Activities and Services for Economically Disadvantaged
and Dislocated Workers (600.25)—Approve and authorize the Mayor and City Clerk to
execute the W1A Cost Reimbursement Agreement between the County of Orange and
the City of Huntington beach for workforce Investment activities to improve the quality of
the community workforce and authorize the Director of Economic Development to
execute all the appropriate certifications and exhibits that are attached to the agreement. .
Submitted by the Economic Development Director. Funding Source: No additional city j
funds required. This is a county grant from the Federal Workforce Investment Act funds.
Approved 7-0
E-17. Redevela ment Agency) Receive and File Second Amendment to the Office S ace
Lease between Abdelmuti DeveloRment Comnanv and Martin Menichlello(Suite 360
Oceanyiew Promenade--Main Pier Redevelopment Pro ect Subarea (600.30)
.Receive,and file attachedlease titled Second Amendment to O ce.Space Lease between
Abdelmuti:Development'Company and'Martin Menlchiello for Suite 364.renewing the_lease
for three (3)years commencing January 1, 2003 at the rental rate of$2.25 per squate foot
per month. Submitted by the Deputy Executive Director. Funding Source: Redevelopment I
Tax Increment.
Approved 7-0
EAS. (City Council Al2prove Appointment of Sid Kurierberg to the Library Board of
Trustees with a Term to Expire 6130103 to Fill the Unexpired Term Held by Richard
McGrath (110.20)—Approve the appointment of Sid Kuperberg to fill the unexpired term
held by Richard McGrath (7/1199—6130103)to the Library Board of Trustees as i
recommended by the City Council Library Board Liaisons, Councilmembers Peter Green
and Shirley Dettloff. Submitted by City Council Library Board Liaisons Councilmembers
Peter Green and Shifty Dettloff. Funding Source: Not applicable. i
Approved.7-0
E-19. (City Council Ado t Resolution No.2002-123 Revlsln Local Coastal Pro ram
Amendment No. 96-4 Parkslde, Estates Residential Project, w/o Graham Street Slo
Kenlworth Drive) and Reguesting Certification by the California Coastal Commission
(440.50)—Adopt Resolution No. 2002-123- "A Resolution of the City Council of the City of
Huntington Beach Adopting Local Coastal Program Amendment No. 96-4 to Amend the
Local Coastal Program Land Use Plan and Implementing Ordinances to Reflect General
Plan Amendment No. 98-1 and Zoning Map Amendment Nos. 96-5A and 96-58 by
Amending Zone 2— Land Use Plan and Accompanying Text of the City's Coastal element -for the Real Property Generally Located on the West Side of Graham Street, South of..__ _
Kenilworth Drive and Requesting Certification by the California Coastal Commission.
Submitted by the Planning Director. Funding Source: Not applicable.
Adopted 4-3 (Boardman, Cook, Winchell—No)
Council/Agency Meeting Held: //-4,o z
Deferred/Continued to.
*pproved ❑ Conditionally Approved I, Denied City Clerk's Signatur
Council Meeting Date: November 18, 2002 Department ID Number: PL02-47
-2-a
CITY OF HUNTINGTON BEACH
o
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS -
SUBMITTED BY: RAY SILVER, City Administrator 170
PREPARED BY: HOWARD ZELEFSKY, Director of Planning =r
`l
SUBJECT: APPROVE AMENDMENT NO. 2 TO THE REIMBURSEMENT
AGREEMENT WITH SHEA HOMES LIMITED PARTNERSHIP
Statement of Issue,Funding Source,Recommended Action,Afternative Action(s),Analysis,Environ nentat Status,Attachments)
Statement of Issue:
Transmitted for City Council's consideration is a request to approve an amendment to the
Reimbursement Agreement with Shea Homes Limited Partnership to reimburse the City for
preparation of environmental documentation for the Parkside Estates project. The
agreement is in the amount of $50,000, which will cover costs of the City's environmental
consultant for the project.
Funding Source:
Unappropriated, undesignated General Fund Balance in the amount of$50,000.
Recommended Action:
Motion to:
1. "Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the
Reimbursement Agreement between the City of Huntington Beach and Shea Homes
Limited Partnership for costs incurred for professional planning in connection with the
Environmental Impact Report 97-2 relating to the Parkside Estates project."
2. "Authorize acceptance of $50,000 deposit funds and appropriate $50,000 from the
unappropriated, undesignated General Fund Balance into the Planning operating
account for contract services (10060201.69365) in connection with the
Reimbursement Agreement between the City and Shea Homes Limited Partnership to
be utilized by the Department of Planning for environmental consulting services.
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-47
Altemative Action(s):
The City Council may make the following alternative motions:
1. "Deny the Amendment to the Reimbursement Agreement between the City and Shea Homes
Limited Partnership."
2. "Continue the item and direct staff accordingly."
Analysis:
On September 15, 1997, the City Council approved a contract between the City and EDAW, Inc.
for preparation of an Environmental Impact Report (EIR) for the Shea Homes Residential Project
(known as the Parkside Estates Project) and entered into a Reimbursement Agreement with
Shea Homes Limited Partnership to reimburse the City for EDAW, Inc.'s contract costs.
Due to the issues and circumstances associated with the project, the environmental
documentation costs for the project have exceeded previous estimates. The attached
amendment to the Reimbursement Agreement provides for an additional $50,000 to cover costs
for the project. The contract amount of $50,000 is accounted for in the Planning Department's
budget contractual services account. Of this total amount, $35,000 represents costs incurred by
EDAW to complete the project documentation and prepare for and attend the public hearings for
the project. The remaining $15,000 provides a contingency fund so that, if required, EDAW will
be available to provide technical support to the City in its application to the Coastal Commission.
Total costs incurred for the project, excluding the proposed contingency, are $344,332.
Shea Homes Limited Partnership has agreed to fully reimburse the City for the costs associated
with the environmental documentation. The attached amendment to the Reimbursement
Agreement sets forth that the additional $50,000 will be provided to the City within 10 days of
approval of this Agreement. Staff recommends the City Council approve the amendment to the
Reimbursement Agreement 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
contracting for preparation of Environmental Documentation, are categorically exempt from the
California Environmental Quality Act pursuant to Section 15300.1.
City Council Adopted Policy Regarding Mid-Year Appropriation Requests From the
General Fund:
As adopted by the City Council on March 1998, all requests for the mid-year appropriation of
General 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. This request meets criterion 3 because
the funds to pay EDAW for environmental services will be reimbursed by Shea Homes.
PL02-47a -2- 11/812002 4:38 PM
REQUEST FOR ACTION
MEETING DATE: November 18, 2002 DEPARTMENT ID NUMBER: PL02-47
Attachment(s):
City Clerk's
.- Number No. Description1. Amendment to the Reimbursement Agreement between the City and
Shea Homes Limited Partnership
2. Fiscal Im act Statement
RCA Author: MBB
PL02-47a 4- 11/12/2002 3:00 PM
A
TTACHMENT -1
AMENDMENT NO. 2 TO REIMBURSEMENT AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND SHEA HOMES
LIMITED PARTNERSHIP FOR COSTS INCURRED FOR
PROFESSIONAL PLANNING SERVICES IN CONNECTION
WITH THE ENVIRONMENTAL IMPACT REPORT 97-2
RELATING TO THE PARKSIDE ESTATES PR0IECT
This Amendment is made and entered into this /?^ day of —, 2002, by
and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Shea Homes, L. P., a California limited partnership, hereinafter
referred to as "Developer."
WHEREAS, City and Developer are parties to that certain Agreement dated December 6,
1999, entitled "Reimbursement Agreement Between the City of Huntington Beach and Shea
Homes for Costs Incurred for Professional Planning Services," which Agreement shall
hereinafter be referred to as the "Original Agreement"; and
Since the execution of the Original Agreement, City has incurred additional costs for
professional services in connection with Developer's project and anticipates future costs; and
Pursuant to the Original Agreement,.Developer has agreed to reimburse the City for said
costs; and
City and Developer wish to amend the Original Agreement to reflect the additional costs
to be reimbursed to the City by Developer,
NOW, THEREFORE, it is agreed by City and Developer as follows:
1. ADDITIONAL REIMBURSEMENT
Within ten (10) days following adoption of this Amendment No. 2 by the City Council,
Developer shall pay the additional amount of Fifty Thousand Dollars ($50,000.00).
2. TERM
This Amendment shall expire on October 28, 2004, unless sooner terminated as set forth
in Section 5 of the Agreement.
1
02agree/shea amend/10129/02
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
I-N WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized officers on the date first above vkritten.
DEVELOPER: CITY:
SHEA HOMES LIMITED PARTNERSHIP, CITY OF HUNTINGTON BEACH, a _
a California limited partnership Califo ' mun' ipal co ation
By: J.F.SHEA COMPANY, INC.,
a Nevada corporation Mayor
its general partner
ATTEST:
By ,
LQ-r mft"gis -UNrk,
(print name)
Its (circle one) Chairman of the Board/ APPROVED AS TO FORM:
President/Any ice rest ent
By to 3p_City Attorney
(print name) REVIEWED AND APPROVED:
Its (circle one)Secretary/Any ssistant
Secretary Chief Financial Officer; c� .N
Mn-y-777ssistant Treasurer City Allministrator
INITJ4TED AND APPROVED:
Director of Planning
2
02agree/shea amend/l0/29/02
STATE OF CALIFORNIA
COUNTY OF ORANGE
On November 5, 2002, before me, Beth A. Hutchinson, Notary Public, personally
appeared Les Thomas and Ronald C. Metzler, personally known to me
Me OR !he basis of satisfacAoFy evidence) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
BETHA.HUTCHINSON
Commission#1303882
Notary Public-California
Orange County
110My Comm.EVires May 8,2=
Beth A. Hutchinson
Notary Public
Commission #1303862
Comm. Expires May 8, 2005
California General Purpose Acknowledgment
For all documents executed in the State of California
AT.TA
l '
F' E-
• i
FISCAL IMPACT STATEMENT QUESTIONNAIRE
1. Title of RCA: Amendment No. 2 - Reimbursement Agreement - Shea Homes
2. Why is this budget amendment needed:
The agreement reimburses the City for costs associated with paying a consultant for
EIR services.
A. Why was it not anticipated?
This project has been ongoing for 5 years and still needs further environmental
analysis as it weaves through the Calif. Coastal Comm. process.
B. Why can't anticipated current year budget savings be used to fund this item?
NIA - All costs associated with the project are reimbursed by the applicant through
this agreement.
C. Why can't the Department re-prioritize current year expenses so that this item
can be funded instead of approved budget items?
NIA - All costs associated with the project are reimbursed by the applicant through
this agreement.
3. What will be the cost?
$50,000. - Fully reimbursed by the applicant through this agreement.
A. Direct Cost:
Current Fiscal Year: $50000
Future Years: 0
B. Indirect Cost: $0
4. Funding Source:
A. Fund:
B. Specific Revenue Source: Shea Homes
C. Alternative Funding Sources: None
5. History:
There have been three reimbursement accounts set-up as a result of this project
over the last 5 years. This is a second amendment to an existing account to
DocumenO 11/12/2002 2:58 PM
0 i
FISCAL IMPACT STATEMENT QUESTIONNAIRE
appropriate more funds to pay EIP for environmental Services as a result of the
Parkside residential project by Shea Homes.
Document4 11/12/2002 2:58 PM
CITY OF HUNTINGTGN BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANS-N-IITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPIiENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: December 5, 2000
TO: Shea Homes, L.P. ATTENTION: Ronald C. Metzler
Name
655 Brea Canyon Road DEPARTNIENT:
Street
Walnut, CA 91788-0487 REGARDING: Amendment No. 1 -
City,State,Zia T
Reimbursement A Bement
See Attached Action Agenda Item E-16 Date of Approval 11-20-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
v Remarks: .
Connie Brockway
City Clerk
Attachments: Action Agenda Page x Agreement x Bonds Insurance
RCA Deed Other
CC: H. Zelefsky Planning x x
Name Department RCA Agreement Insurance Other
D. Bankey Planning x x
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
(Telephone:714-536-5227)
115
OTY OF HUNTINGTON BEA � �- D. B;; ,
MEETING DATE: November 20, 2000 DEPARTMENT I NUMBER: PL00-56
Council/Agency Meeting Held:
Deferred/Continued to:
* proved ❑ Conditionally Approved ❑ Denied - Cit CI rk's Signature
Council Meeting Date: November 20, 2000 Department ID Number: PL00-56
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION -
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS sT
SUBMITTED BY: RAY SILVER, City Administratorev"
PREPARED BY: HOWARD ZELEFSKY, Director of Planning
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE REIMBURSEMENT AGREEMENT
WITH SHEA HOMES FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH COMPLETION OF THE PARKSIDE ESTATES
ENVIRONMENTAL IMPACT REPORT NO. 97-2
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachments)
Statement of Issue:
Transmitted for City Council consideration is Reimbursement Agreement Amendment No. 1 between
the City and Shea Homes, LP which has been prepared by the City Attorney's Office for the Planning
Department. Adoption of the Amendment will allow the City to continue to be reimbursed for
professional planning services incurred for completion of Parkside Estates Environmental Impact
Report No. 97-2. The term of the Reimbursement Agreement will be twelve months beginning with
approval of the Agreement by the City Council.
Funding Source:
Developer will deposit funds in the amount of One Hundred Thousand Dollars ($100,000.00) into the
City's General Fund unappropriated fund balances within ten (10) days following adoption of this
agreement by the City Council.
Recommended Action:
1. "Motion to authorize the Mayor and City Clerk to execute Amendment No. 1 to the
Reimbursement Agreement with Shea Homes, LP in the amount of$100,000, and
PL00-56 -2- 11115/00 8:12 AM
REQUEST FOR ACTION
MEETING DATE: November 20, 2000 DEPARTMENT ID NUMBER: PL00-56
2. Approve the receipt of additional revenues, in the amount of $100,000, which shall be
deposited into the City's General Fund Unappropriated Fund Balances account."
Alternative Action{s1:
The City Council may make the following alternative motions:
1. "Deny the Reimbursement Agreement Amendment between the City and Shea Homes, LP
for completion of EIR 97-2. Denial of the Reimbursement Agreement Amendment will
necessitate that the City bear the cost for completion of EIR 97-2, or
2. Continue the item and direct staff accordingly."
Analysis:
The City and Shea Homes, LP recognize the costs associated with professional planning services to
prepare an Environmental Impact Report. In order to assist the development community with
processing the number of large, complex projects, it is necessary for the City to hire contract staff
planners to prepare the Environmental Impact Report and accompanying documentation in order to
comply with the California Environmental Quality Act requirements. City and Shea Homes have
agreed to enter into Reimbursement Agreement Amendment No. 1, for an amount of One Hundred
Thousand Dollars ($100,000.00), to help defray these costs. Staff recommends the City Council
approve Reimbursement Agreement Amendment No. 1 between the City and Shea Homes, LP, and
authorize the Mayor and the City Clerk to sign.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this Amendment to the
Original Reimbursement Agreement, are categorically exempt from the California Environmental
Quality Act pursuant to Section 15300.1.
Attachment:
City Clerk's
Page Number
1 Reimbursement Agreement Amendment No. 1 between City and Shea
Homes, LP. j
2 i Original Reimbursement Agreement between the City and Shea
Homes, LP. l
RCA Author: Duane R. Bankey
PL00-56 -3- 11115/00 8:12 AM
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AMENDMENT NO. 1 TO REIMBURSEMENT AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND SHEA HOMES LIMITED PARTNERSHIP
FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH THE ENVIRONMENTAL IMPACT REPORT 97-2 RELATING TO
THE PARKSIDE ESTATES PROJECT
This Amendment is made and entered into this 20th day of N0veffbe 000, by
r and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Shea Homes, L. P., a California limited partnership, hereinafter
referred to as "Developer."
WHEREAS, City and Developer are parties to that certain Agreement dated December 6,
1999, entitled"Reimbursement Agreement Between the City of Huntington Beach and Shea
Homes for Costs Incurred for Professional Planning Services,"which Agreement shall
hereinafter be referred to as the"Original Agreement"; and
Since the execution of the Original Agreement, City has incurred additional costs for
professional services in connection with Developer's project; and
Pursuant to the Original Agreement, Developer has agreed to reimburse the City for said
costs; and
City and Developer wish to amend the Original Agreement to reflect the additional costs
to be reimbursed to the City by Developer,
NOW, THEREFORE, it is agreed by City and Developer as follows:
1. ADDITIONAL REIMBURSEMENT
Within ten (10) days following adoption of this Amendment No. 1 by the City Council,
Developer shall pay the additional amount of One Hundred Thousand Dollars (S100,000.0��
The new estimated total cost of the professional planning services to be reimbursed herein is One
Hundred Seventy Three Thousand Nine Hundred Twenty Dollars (S173,920.00).
2. TEIUM
The term of the Original Agreement is hereby extended an additional.twelve months from
execution of this Amendment, unless sooner terminated as set forth in Section 5 of the
Agreement.
1
00agreelshea amend/I I/I5/00
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized officers on the date first above written.
DEVELOPER: CITY:
SHEA HOMES LIMITED PARTNERSHIP, CITY OF HUNTINGTON BEACH, a
a California limited partnership California municipal corporation
By: 7.F.SHEA COMPANY, INC.,
a Nevada corporation Mayor
its general partner
ATTEST:
By
I-U-'S City Clerk
(print name)
Its (circle one) Chairn1wauLtbeBoard/ APPROVED AS TO FORM:
President/Anykjg.e President
By C- , ., City Attorney
(print name) REVIEWED AND APPROVED:
Its (circle one Secretary An Assistant
ecretary hief Fin ancia l Officer;
sistant Treasurer City A ministrator
INIT TED AND APPROVED:
r
Director of Planning
2
00agree/shea amend/1 1114M
STATE OF CALIFORNIA
COUNTY OF ORANGE
On .November 17, 2000, before me, Susan_D. Rounds, Notary Public, personally
appeared Les Thomas and Ronald C. Metzler, personally known to me (or proved
me an the basirs of satisfarateFy ey'd9RGe) to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
SUSAN 0.ROUNM
gem Canft n#1218955
onzwcmody
*CM E0W►3►1QMM
Susan D. Rounds
Commission #1218955
Commission Expires May 10, 2003
California General Purpose Acknowledgment
For all documents executed in the State of California
F
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tit
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SHEA HOMES,L.P.
F FOR PROFESSIONAL PLANNING SERVICES
This Agreement is made and entered into this.w— day oflbed 1999, by and
between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as"City," and Shea Homes, L.P., a California limited partnership,
hereinafter referred to as"Developer."
WHEREAS,-Developer is developing an area within the City of Huntington Beach; and
e
Developer is required to submit to the City for approval various entitlements, zone
k •
changes, land use approvals and environmental assessments; and
E 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. EMIENT_
Developer agrees to reimburse the City for its professional planning in the
estimated total amount of Seventy-three Thousand Nine Hundred Twenty and no/100 Dollars
($73,920.00),which represents the estimated cost for professional planning services in
I
415;4-99Agm:5hea0942
RL5 99-441
09/02199
connection with the completion of the Parkside Environmental Impact Report(E1R No. 97-2), as
-follows:.
A. Developer shall pay the entire amount referenced hereinabove to City
within ten(10) days following the adoption of this Agreement by the City Council.
B. Developer acknowledges that the amount referenced in this Agreement is-
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 the
Reimbursement 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 that the actual cost of
the services is less than the estimated costs, City will refund the difference between the actual
and estimated costs.
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 complete the Parkside Environmental
Impact Report(EIR No. 9702) in connection with 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.
B. Shall be deemed to limit,in any respect whatsoever,City's sole authority
to direct and control the planner assigned to the Developer's project..
2
41=4-99Agme:Shea0902
RI.s 99-"l
09/02/99
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,
f_
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.Ronald C.Metzler
Director of Planning. Vice President, Community Development
City of Huntington Beach Shea Homes,L:P:
2000 Main Street 655 Brea Canyon Road
Huntington Beach, CA 92648 Walnut, CA 91788-0487
7. TE>�i
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.
3
4/s:4-99Agee:Shea0902
RLS 99-")
09102M
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.
SHEA HOMES, L.P. CITY OF HUNTINGTON BEACH, a
a California Limited Partnership municipal corporation of the State of California
By: J.F. Shea Company,Inc., a &4�L
Nevada C on, its manager Mayor
By ATTEST:
Name
(type or print) City Clem
Its(circle one)Chainnan/President/
icc Press APPROVE AS TO RM:
AND . `
City Attorney By
n�.
y
C N REVIEWED AND APPROVED: � a1
Name o C.A
(type or print)
Its(circle one)Secretary/An sistant City Administrator
ecre CZtie taanc�a Officer/
Any ssstant Treasurer
IlNIT TED AND APPROVED:
t
E
D' or of Planning
4
4/s:4-99Ag=-.Shes0902
RLS 99-441
09d02199
- t
STATE OF CALIFORNIA
COUNTY OF ORANGE
On October 20 1999 before me, Marton P. Fahrenkernp, Notary Public
personally appeared Les Thomas and Ronald C. Metzler , personally known to me
to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted; executed the instrument.
WITNESS my hand and official seal.
• �>KigitBRN111111191pHH1111;111INp11N1ll1i
LL
MAMON P.FAHMXAW
Coon# 11776V
N01M Public--CAIIfipr t
• IlilgtliiillN�C�l�IlillAl! 11111111T11111 B> .
Marion P. Fahrenkamp
California General Purpose Acknowledgment
For all documents executed In the State of California
t
3
RCA 90U" TING AiEET
1
INITIATING DEPARTMENT: PLANNING t 1
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE
REIMBURSEMENT AGREEMENT WITH SHEA HOMES
FOR PROFESSIONAL PLANNING SERVICES IN
CONNECTION WITH COMPLETION OF THE PARKSIDE
ESTATES ENVIRONMENTAL IMPACT REPORT NO. 97-2
COUNCIL MEETING DATE: November 20, 2000
RCAF ATTACHMENTS :.STATUS
Ordinance (w/exhibits & legislative draft if applicable) 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)
(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) 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
EXPLANATIOWFOR MISS]NG ATTACHMENTS:
' REVIEWED = RETURNED ` '-F.ORWARDED
Administrative Staff ( ) { )
Assistant City Administrator (Initial) { ) { )
City Administrator (initial)
City Clerk { )
EXPLANATION FOR RETURN OP ITEM:
Only)(Below Space For City Clerk's Use
HN
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY-
CITY CLERK
LETTER OF TRANSINHITAL OF ITEM APPROVED BY THE CITY COLT CIL/
REDEVELOPMENT AGENCY OF TFIE CITY OF HUNTI\GTON BEACH
DATE: October 12, 2000
TO: Shea Yiomes ATTEtiTION: Les Thomas, President
Name
6_55 Brea Canyon Road DEPARTINZENT:
Street
Walnut, CA 91788-0487 REGARDING: Amendment No. 1 -
City,State,Zip ._ .
Reimbursement Agreement
See Attached Action Agenda Item E-5 Date of Approval 10-2-00
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page X Agreement X Bonds Insurance
RCA Deed Other
CC: H. 5elefsky Planning X X
Name Department RCA Agreement Insurance Other
D.D. Sankey _ Plannina .,.., X ^X`
Name Department RCA Agreement Insurance Other
S. Hess Planning X X
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
I Telephone:714-636.5227)
OCITY'OF HUNTINGTON BEA&I � -
z
MEETING DATE: October 2, 2000 DEPARTMENT I B R: PLO -19
Z
Council/Agency Meeting Held: 10— 2—6 r
Deferred/Continued to.-
Approved ❑ Conditionally Approved ❑ D ied W- � Signature
L-zCouncil Meeting Date: October 2, 20 Department ID Number: PL00-19
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS ' '
SUBMITTED BY: RAY SILVER, City Administrator.r�.r
PREPARED BY: HOWARD ZELEFSKY, Planning Director-W�_ c
SUBJECT: Approve Amendment No. 1 to the Reimbursement Agreement
With Shea Homes, L.P. For Professional Planning Services
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,
Attachment(s)
Statement of Issue:
Transmitted for City Council consideration is Amendment No. 1 to the Reimbursement Agreement
between the City and Shea Homes, L.P. which has been prepared by the City Attorney's Office for the
Planning Department. Adoption of Amendment No. 1, for a reimbursement amount not to exceed
Seventy-five Thousand Dollars ($75,000.00), allows the City to continue to be reimbursed for
professional planning services expended for expedited processing of developer's entitlements in
connection with its Parkside Estates project. Additionally, adoption of this Agreement will allow the
term of the Original Agreement to be extended until April 6, 2001, and shall be retroactive to the
expiration of the Original Agreement. The Amendment to the Reimbursement Agreement with Shea
Homes, L.P. will commence upon approval by the City Council.
Funding Source:
Unappropriated General Fund balance to be reimbursed by Shea Homes, L.P. in an amount not to
exceed $75,000.00.
PL00-19 -2- 9122100 9:58 AM
&QUEST FOR COUNCIL A N
MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PL00-19
Recommended Actions:
Motion to:
1. "Approve Amendment No. 1 to the Reimbursement Agreement between the City and Shea
Homes, L.P. subject to mutual agreement by the City and Shea Homes, and authorize the
Mayor and City Clerk to sign."
2. "Approve the appropriation of funds, as described in the Funding Section, in the amount of
Seventy-five Thousand Dollars ($75,000.00) to the Planning Department's Contractual
Services Account number E AA PL 231 390 00 for processing of Developer's entitlements
for the Parkside Estates project."
Alternative Actions:
The City Council may make the following alternative motions:
1a. "Deny the request for Amendment No. 1 to the Reimbursement Agreement between the City
and Shea Homes, L.P."
1 b. "Deny the request for appropriation of funds in the amount Seventy-five Thousand Dollars
($75,000.00) to the Planning Department's Contractual Services Account number
E AA PL 231 390 00." or,
2. "Continue the item and direct Staff accordingly."
Analysis:
Shea Homes has proposed development of a 208-lot, single-family residential subdivision on a 50-
acre site commonly known as the MWD site. The proposed subdivision, known as Parkside Estates,
will be located west of Graham Street and south of Kenilworth Drive. Development of the Parkside
Estates project will also include annexation of approximately 4.5-acres of property, owned by Shea
Homes and located within the unincorporated portion of Bolsa Chica (County of Orange) to the City of
Huntington Beach. At the outset of the project, Shea Homes desired to have processing of the project
entitlements expedited and entered into a reimbursement agreement with the City to help defray costs
associated with the expedited processing.
The Original Reimbursement Agreement between the City and Shea Homes, L.P. was initiated to
allow the Developer to help defray costs incurred by the City in processing Developer's entitlements
for the Parkside Estates project. Amendment No.1 allows the Developer to continue to defray the
City's costs of processing entitlements for the Parkside Estates project and to extend the duration of
the agreement through April 6, 2001, retroactive to the expiration of the original agreement. The City
and Shea Homes, L.P. have agreed to enter into Amendment No. 1 for an amount not to exceed
Seventy-five Thousand Dollars ($75,000.00). Developer will initially deposit funds in the amount of
Forty-two Thousand Two Hundred Forty-two and 501100 Dollars ($42,242.50), which is comprised of
Twenty-seven Thousand Two Hundred Forty-two and 501100 Dollars ($27,242.50) for costs already
incurred by the City and Fifteen Thousand Dollars ($15,000.00) as an "Amount on Deposit."
PL00-19 .3- 9122100 9:58 AM
&QUEST FOR COUNCIL A N
MEETING DATE: October 2, 2000 DEPARTMENT ID NUMBER: PL00-19
Developer thereafter will deposit with the City funds in the amount of Fifteen Thousand Dollars
($15,000.00) on a quarterly basis. Staff recommends the City Council approve Amendment No. 1 to
the Original Reimbursement Agreement between the City and Shea Homes, L.P., authorize the
appropriation of funds, and authorize the Mayor and the City Clerk to sign.
Upon deposit of Developer's funds into the City's General Fund, funds will be appropriated from the
General Fund unappropriated fund balance to the Planning Department's Contractual Services
Account number E AA PL 231 390 00.
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 Shea Homes, L.P., the project proponent.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this Amendment to the
Original Reimbursement Agreement, are categorically exempt from the California Environmental
Quality Act pursuant to Section 15300.1.
Attachments:
1. I Amendment No. 1 to Reimbursement Agreement between City and
Shea Homes.
2. Original Reimbursement Agreement between the City and Shea
4 Homes.
3. Fiscal Impact Statement.
RCA Author: Duane BankeyiScott Hess
PLOO-19 -4- 9122100 9:58 AM
gai
I It val.OON,— 16 1
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to
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"i"im.,ii-!hJu V, i'a z,lf-
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i •
AMENDMENT NO. I TO REIMBURSEMIENT AGREEMENT BETWEEN
THE CITY OF HtiNTINGTON BEACH AND
SHEA HOMES LIMITED PARTNERSHIP
FOR COSTS INCURRED FOR PROFESSIONAL PLANNING SERVICES
IN CONNECTION WITH THE PARKSIDE ESTATES PROJECT
This Amendment is made and entered into this 2nd day of October ,.2000, by
and between the City of Huntington Beach, a California municipal corporation, hereinafter
referred to as "City," and Shea Homes Limited Partnership, a California limited partnership,
hereinafter referred to as "Developer."
WHEREAS, City and Developer are parties to that certain Agreement dated April 7,
1997, entitled "Reimbursement Agreement Between the City of Huntington Beach and Shea
Homes for Costs Incurred for Professional Planning Services." which Agreement shall
hereinafter be referred to as the "Original Agreement"; and
Since the execution of the Original Agreement, City has incurred additional costs for
professional services in connection with Developer's project; and
Pursuant to the Original Agreement, Developer has agreed to reimburse the City for said
costs; and
City and Developer wish to amend the Original Agreement to reflect the additional costs
to be reimbursed to the City by Developer,
NOW, THEREFORE, it is agreed by City and Developer as follows:
I. ADDITIONAL REIMBURSEMENT
Within ten (10) days following adoption of this Amendment No. 1 by the City Council,
Developer shall pay the additional amount of Forty-two Thousand Two Hundred Forty-two
Dollars ($42,242.00), which represents the amount of Twenty-seven Thousand Two Hundred
Forty-two Dollars (S27,242.00) of costs already incurred by City, and Fifteen Thousand Dollars
($15,000.00) to replenish the Amount on Deposit as referred to in the Original Agreement.
Developer shall continue to make deposits, as requsted by the City to reimburse City for costs
incurred for an outside consultant to process various development applications and entitlements
for Developer's Parkside Estates Project. The new estimated total cost of the professional
planning services to be reimbursed herein is One Hundred Ninety-five Thousand Dollars
($195,000.00).
2. TERM
The term of the Original Agreement is hereby extended an additional thirty-six months.
Unless sooner terminated as set forth in Section 6 of the Agreement, the Original Agreement
shall expire on April 6, 2001.
1
41SA-2000 Agree:Shea Ilomes 7-6
RLS 00-644
716100
3. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
authorized officers on the date first above written.
DEVELOPER: CITY:
SHEA HOMES LIMITED PARTNERSHIP, CITY OF HUNTINGTON BEACH, a
a California limited partnership Californi unicipal orporation
By: J.F.SHEA COMPANY, INC.,
a Nevada corporation Mayor Pro m
its general ner
ATTEST:_
By d
CAS -rp-d 4 tic C;tv Clerk
(print name)
Its (circle one) Chairman of the Board/ APPROVED.AS TO F RM:
residen -Anv Vice President
'70� Colo
By % G r 7 City Atto ey tot"',
(print name) REVIEW
ED AND APPROVED: ��ll
Its (circle one)Secretary/Any Ass'stant I
Secreta Chief Financial Officer; �t�..,i/�,�..�
Any ssistant Treasurer City lUministrator
INITI TE ND APPROVED:
Director o Planning
2
4h:4-2000.Agree:Shea I Inmes 7-6
RI-S 00-044
7i'6i00
STATE OF CALIFORNIA
COUNTY OF ORANGE
On _Augus_t 22, 2000 before me, Olivia Iskenderian, Notary Public , personally
appeared Les Thomas and Ronald C. Metzler, personally known to me (or proved to
to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
OUVU115KENDERLAN
commiwon N11863D4
Notaiv Public-CG111 mb
Gunge_ County
Olivia Iskenderian
California General Purpose Acknowledgment
For all documents executed in the State of California
-A.A.
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SHEA HOMES FOR COSTS INCURRED
FOR PROFESSIONAL PLANNING SERVICES
r
This Agreement is made and entered into this r day of 1997, by and
between the City of Huntington Beach, a municipal corporation of the State of California,
hereinafter referred to as "City," and Shea Homes, Inc., a California corporation, hereinafter referred
to as"Developer."
WH_EREA , Developer is developing an area within the City of Huntington Beach; and
Developer requires the City to process and submit 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 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; and
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 as
follows:
1
gA96agme.kplanner
A. Developer will make an initial payment to City in the amount of Fifteen
Thousand Dollars($15,000) (hereinafter the"Amount on Deposit.") On the first day of each third
month thereafter, Developer shall replenish the Amount on Deposit by paying to the City an amount
equal to the amount paid by the City for the professional planning services funded by this
Agreement(the Quarterly Payment). The parties acknowledge that the Amount on Deposit will be
used to pay for the professional planning services funded by this Agreement, and that if,prior to the
payment of any Quarterly Payment, the Amount on Deposit is less than One Thousand Dollars
($1,000), Developer shall make the next Quarterly Payment within ten (10)days after notice form
the City.
B. The estimated cost to cover twelve months of professional planning services
is Sixty Thousand Dollars ($60,000).
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 process various development applications and
entitlements.
3.
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.
B. Shall be deemed to limit, in any respect whatsoever, City's sole authority to
direct and control the planner assigned to the Developer's various development projects.
2
g:4:96agree:kplanner
I
C. Shall be deemed to impose any liability on the 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 work to be performed by the
professional planning services 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 Director of Community Development.
6. TERMINATION OF AGRUMEHT
Either party may terminate this Agreement at any time with or without cause, upon
ninety (90) days prior written notice to the other party.
7. 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 Community Development, 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:
Ms. Melanie Fallon Mr. Ronald C. Metzler
Director of Community Development Vice-President, Community Development
City of Huntington Beach Shea Homes
3
g*96agreckplanger
2000 Main Street 655 Brea Canyon Road
Huntington Beach, CA 92648 Walnut, CA 91788-0487
8. TERM
The term of this Agreement is one year, beginning on the date of the adoption of this
Agreement by the City Council of City.
9. 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.
DEVELOPER: SHEA HOMES LIMITED PRTNRSHPCITY:
813 > p$ � a California limited CITY OF HUNTINGTON BEACH
Fali€orftia-Cerperatiotl partnership a California municipal corporation
By: J.F. SHEA CO. , INC.
a Nevada corporation,
by:
its manager
_ � - --
its: Ve Mayor
by:
i • Assista Secretary
ATTEST: APPROVED AS TO FORM:
City Clerk v-r Cit omey Q. j 1, 1 r-7
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City ator Director of Co •ty Development
4
g:4:96agrec kplanner
"Mfs +11' uilS � 3rP �x
---1iF f 'k`, i --+:bi t w}�?sh t� _jy +LkP r' I�! 'b�� wg-- � ''�+ �'.r+ _• '7
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-34 Approve Amendment No. 1 to the
Reimbursement Agreement with Shea Homes Limited Partnership for
professional planning services.
Date: May 4, 2000
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve Ammendment No. 1 to the
Reimbursement Agreement with Shea Homes Limited Partnership for
professional planning services."
If the City Council approves this request (total appropriation
$75,000), there will be no effect on any of the City's fund balances
since the appropriation will be funded by advances from developers.
/�/a)
J n Reekstin,
Director of Administrative Services
RCA*RO UTING 9HEET
INITIATING PLANNING DEPARTMENT
DEPARTMENT:
SUBJECT: APPROVE AMENDMENT NO. 1 TO THE
REIMBURSEMENT AGREEMENT WITH
SHEA HOMES, L.P. FOR PROFESSIONAL
PLANNING SERVICES
COUNCIL MEETING DATE: October 2, 2000
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 Attomey) Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement (Unbudget, over $5,000) Attached
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..-MISS INGATTACHMENTSW
;REVIEWED RETURNED. : ' FORWARDED:
Administrative Staff ( ) ( )
Assistant City Administrator (Initial)
City Administrator (Initial) )
City Clerk { )
`EXPLANATION FOR RETURN,OF ITEM•
SpaceOnly)
leg
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CRY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPNIENT AGENCY OF THE CITY OF HUNTR GTONT BEACH
DATE:�ecn�n6ev� ��ply
TO: rrhu-llzynet5ot �-•�' - __ ATTENTION: 4.0 ,
el
._-- Na _. . DEPARTNIENT:/_/L'e
s•ret _
REG ING: m�v/�t/JN/�� t�l rrcmrnf
City,state,zip �i�. �hI7, �r� /r1?' n eu*h►7 lel Z
C /��iEt' F/�C /✓O . 00,
177 1
See Attached Action Agenda Item ��� Date of Approval 1h.
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement Bonds Insurance
RCA Deed Other
CC: ze /ems�/ ,�
NarW f De artmen RCA
Agreeme insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name - Date
G:Followuplcoveritr
(Telephone:71463"227)
,Zelepm y- Pl a t
q Jounki- Y0 a b»i n
Council/Agency Meeting Held: 02
D�eferred/Continued to:
fe
['Approved Conditionally Approved ❑ Denied Cleric's Signature
Council Meeting Date: December 6, 1999 Department ID Number: PL99-45
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
S•
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator.
PREPARED BY: HOWARD ZELEFSKY, Planning Director
SUBJECT: Approve a Reimbursement Agreement With Shea Homes-i=ol;
Professional Planning Services in Connection with the Parkside
Estates Environmental Impact Report (EIR No. 97-2)
Statement of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachments)
Statement of Issue:
Transmitted for City Council consideration is a Reimbursement Agreement between the City
and Shea Homes, which has been prepared by the City Attorney's Office for the Planning
Department. Adoption of the Reimbursement Agreement will allow the City to be reimbursed
for professional planning services incurred for preparation of the Parkside Estates
Environmental Impact Report (EIR No. 97-2). The term of the Reimbursement Agreement
will be twelve months. The Reimbursement Agreement with Shea Homes will commence
upon approval by the City Council.
Fundina Source:
The Reimbursement Agreement between the City and Shea Homes allows the developer to
help defray costs of professional planning services incurred by the City for Developer's
project. Developer will deposit funds in the amount of Seventy Three Thousand Nine
Hundred Twenty Dollars ($73,920.00) with the City within ten (10) days following adoption of
this Agreement by the City Council.
Recommended Actions:
Motion to:
1. "Approve the Reimbursement Agreement as prepared by the City Attorney, subject
to mutual agreement by the City and Shea Homes, Inc., and authorize the Mayor
and City Clerk to sign."
FVQUEST FOR COUNCIL ACTIR
MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PL99-45
2. "Approve the appropriation of additional funds in the amount of Seventy Three
Thousand Nine Hundred Twenty Dollars ($73,920.00) for completion of the Parkside
Estates Environmental Impact Report (EIR No. 97-2)."
Alternative Actions:
The City Council may make the following alternative motions:
1. "Deny the request for the Reimbursement Agreement between the City and
Shea Homes."
2. "Continue the item and direct Staff accordingly."
Analysis:
A. STAFF ANALYSIS AND RECOMMENDATION:
City and Shea Homes recognize the costs associated with professional planning services
assigned to various development projects. In order to assist the development community
with processing the number of large, complex projects, it is necessary for the City to hire
contract staff planners to analyze respective projects. City and Shea Homes have agreed to
enter into the Reimbursement Agreement, in the amount of Seventy Three Thousand Nine
Hundred Twenty Dollars ($73,920.00), to help defray these costs. Staff recommends the
City Council approve the Reimbursement Agreement between the City and Shea Homes,
and authorize the Mayor and the City Clerk to sign.
B. COUNCIL POLICY REGARDING REQUESTS FOR APPOPRIATION OF FUNDS:
The new appropriations being requested are offset by related new revenues from the
Reimbursement Agreement between the City and Shea Homes.
Environmental Status:
Projects over which public agencies exercise ministerial authority, such as this Amendment
to the Original Reimbursement Agreement, are categorically exempt from the California
Environmental Quality Act pursuant to Section 15300.1.
PL99-45 .2. 11/22/99 7:47 AM
AUEST FOR COUNCIL ACTS
MEETING DATE: December 6, 1999 DEPARTMENT ID NUMBER: PL99-45
Attachment•
City Clerk's
Page Number
1. Reimbursement Agreement between City and Shea Homes.
2. Fiscal Impact Statement.
RCA Author: Duane Bankey
PL99-45 -3- 11/15/99 9:22 AM
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REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND SHEA HOMES, L.P.
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 3
S Entirety 4
s
REIMBURSEMENT AGREEMENT
BETWEEN THE CITY OF HtiNTINGTON BEACH
AND SHEA HOMES, L.P.
FOR PROFESSIONAL PLANKING SERVICES
This Agreement is made and entered into this�day ofJa ew 1999, by and
.between the City of Huntington.Beach, a municipal corporation of the State of California,
hereinafter referred to as "City," and Shea Homes, L.P., a California limited 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 Corse 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 in the
estimated total amount of Seventy-three Thousand Nine Hundred Twenty and no1100 Dollars
(S73,920.00), which represents the estimated cost for professional planning services in
1
4 s:4-99Agree:Shca09O2
RLS 99=44 E
09.!02/99
connection with the completion of the Parkside Environmental Impact Report (EIR No. 97-2), as
follows:.
A. Developer shall pay the entire amount referenced hereinabove to City
within ten (10) days following the adoption of this Agreement by the City Council.
B. Developer acknowledges that the amount referenced in this Agreement is
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 the
Reimbursement 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 that the actual cost of
the services is less than the estimated costs, City will refund the difference between the actual
and estimated costs.
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 complete the Parkside Environmental
Impact Report (EIR No. 9702) in connection with 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.
B. Shall be deemed to limit, in any respect whatsoever, City's sole authority
to direct and control the planner assigned to the Developer's project.
2
41s:4-99Agree:Shea0902
RLS 99=441
09�02�99
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. TERMNATION 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. Ronald C. Metzler
Director of Planning Vice President, Community Development
City of Huntington Beach Shea Homes, L.P.
2000 Main Street 655 Brea Canyon Road
Huntington Beach, CA 92648 Walnut. CA 91788-0487
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.
3
4 s: 99Agree:Shea0902
RLS 99= 41
09:'02 99
S. ENTIRETY
This document sets forth the entire Agreement between the parties concerning the
subject matter hereof.
IN WITI\ESS 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.
SHEA HOMES, L.P. CITY OF HUNTII\GTON BEACH, a
a California Limited Partnership municipal corporation of the State of California
By: J.F. Shea Company, Inc., a •
1\evada C on, its manager Mayor
By ATTEST: e
Name 7 O M a S r-fu-G
(type or print) City C1er1k
Its(circle one)Chairman'Presidenti
-iee Prest e APPROVEP AS TO RM:
AND
By 9.3_ys City Attorney
REVIEWED AND APPROVED:
Name _ o Aj_ "
(type or print)
Its(circle one)Secretary;An : ssistant
An�ecreta Chief inancia Officer:` City Administrator
rant Treasurer
INITI TED AND APPROVED:
Direk6r of Planning
4
4�s:4-99Agree:Shea0902
RLS 99=441
0902:99
STATE OF CALIFORNIA
COUNTY OF ORANGE
On October 20, 1999, before me, Marion P. Fahrenkamp, Notary Public ,
personally appeared Les Thomas and Ronald C. Metzler , personally known to me
to be the persons whose names
are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the
persons, or the entity upon behalf of which the persons acted; executed the instrument.
WITNESS my hand and official seal.
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WMION P.FAMRENKAW
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Notary Putft--Ca11t'ar W
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Marion P. Fahrenkamp
California General Purpose Acknowledgment
For all documents executed in the State of California
Sun
•�, CITY OF HUNTINGTON BEACH
�Y
INTERDEPARTMENTAL COMMUNICA TION
To: Ray Silver, City Administrator
From: John Reekstin, Director of Administrative Services
Subject: FIS 2000-03 Approve a Reimbursement Agreement with
Shea Homes for Professional Planning Services in Connection with
the Completion of the Parkside Estates Environmental Impact Report
(EIR No. 97-2)
Date: October 29, 1999
As required by Resolution 4832, this Fiscal Impact Statement has
been prepared for "Approve a Reimbursement Agreement with Shea
Homes for Professional Planning Services in Connection with the
Completion of the Parkside Estates Environmental Impact Report
(EIR No. 97-2)."
If the City Council approves this action, (total appropriation $73,920),
there will be no effect on the General Fund balance at September 30,
1999 because all new appropriations are reimbursed by the
developer.
Jo& Reekstin,
Director of Administrative Services