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HomeMy WebLinkAboutSHEA HOMES LIMITED PARTNERSHIP - 2000-05-15 5�3 �fao CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSTNHTTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: 05-18-00 TO: Shea Homes, L.P. ATTENTION: Ronald C. Metzler r'T 0. Box 1509 DEPARTMENT: V.P. , Com. Dev. Street Brea, CA 92822 REGARDLN•G: Reimbursement City,state,zip Agreement See Attached Action Agenda Item E—g Date of Approval 5-15-00 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. 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 Agrcan=t Insurance Other Risk Management Dept. Insurance QFollowup/Letters/coverltr (Telephone:714-536-5227) 5/ — n,4- k47 , vv-4A14, *ITY OF HUNTINGTON BEA )% �_ VpAloq) ?,Om1 a,� MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER: PL00-15 Council/Agency Meeting Held: Deferred/Continued to: 11Y) 1�(Approv d ❑ Conditionally.Approved ❑ Denied to?- C e k' Signature Council Veeting Date: May 15, 2000 Department ID Number: PL00-15 CITY OF HUNTINGTON BEACH =5 REQUEST FOR COUNCIL ACTION - - SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS r SUBMITTED BY: RAY SILVER, City Administrator�s_7_ =` 'C-, PREPARED BY: HOWARD ZELEFSKY, Planning Director SUBJECT: APPROVE THE REIMBURSEMENT AGREEMENT WITH SHEA HOMES LIMITED PARTNERSHIP FOR PROFESSIONAL PLANNING SERVICES-IN CONNECTION WITH THE ANNEXATION OF SHEA PROPERTY TO THE CITY OF HUNTINGTON BEACH Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status, Attachment(s) Statement of Issue: Transmitted for City Council's consideration is a Reimbursement Agreement, in the amount of Twenty-two Thousand Three Hundred Severity-five Dollars ($22,375.00), between the City and Shea Homes Limited Partnership, which has been.prepared by the City Attorney's Office for the Planning Department. The Reimbursement Agreement' will help defray the costs of professional planning services incurred by the City in connection-with the annexation of Shea property to the City of Huntington Beach, and is subject to mutual "agreement by City staff and Shea Homes Limited Partnership. Funding Source: The proposed Reimbursement Agreement,:between the City and Shea Homes Limited Partnership requires the developer to help defray professional planning costs incurred by the City in connection with developer's project. Developer will deposit funds of Twenty-two Thousand Three Hundred Seventy-five Dollars ($22,375.00) with the' City within ten (10) days following adoption of this Agreement by the City Council. PI00-15 -2- 513100 10:07 AM 19QUEST FOR COUNCIL ACTON MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER: PL00-15 Recommended Action: Motion to: 1. "Approve the Reimbursement Agreement as prepared by the City Attorney, between the City and Shea Homes, Inc. subject to mutual agreement by the City and Shea Homes Limited Partnership, and authorize the Mayor and City Clerk to sign." 2, "Appropriate funds, in the amount of-Twenty-two Thousand Three Hundred Seventy-five Dollars ($22,375.00) in connection with the Reimbursement Agreement between the City and Shea Homes Limited Partnership." Alternative Action(s}: The City Council may make the following alternative motions: 1. ''Deny the Reimbursement Agreement between the City and Shea.Homes Limited Partnership for professional planning services in connection with Developer's project." 2. "Deny the appropriation of funds in the amount of Twenty-two Thousand Three Hundred Seventy-five Dollars ($22,375.00). 3. "Continue the item and direct staff'accordingly." Analysis: A. BACKGROUND: A five-acre parcel, owned by Shea Homes and located within the unincorporated portion of Bolsa Chica, is being proposed to be annexed to the City of Huntington Beach. In order to complete an annexation application, the City and County must reach an agreement for the exchange of property tax revenues resulting from the proposed annexation, and each entity must submit to LAFCO a resolution of agreement. Shea Homes has retained the services of a consultant to prepare an analysis of the fiscal impacts of the proposed annexation. The City has completed the Bolsa Chico Annexation Study which emphasizes a Review of Options and LAFCO Fiscal and Technical Review Procedures. The City desires that these two studies maintain consistency in their assumptions and is seeking a consultant to ensure that the- fiscal"study for Shea's project is consistent with the City's study for the annexation of the Bolsa Chica. B. STAFF ANALYSIS AND RECOMMENDATION: In the last two and a half years, there has been a substantial increase in planning and development activity within the City. This increase in activity is primarily due to the economy and the proposal of many development projects submitted or proposed, such as the annexation of Shea Property to the City of Huntington Beach. To help facilitate timely processing of the annexation of Shea Property to the City of Huntington Beach, it is necessary,for-the City to contract with a consultant to analyze the fiscal impacts of the proposed annexation, as prepared by Shea Homes' consultant, and the City's P100-15 -3- 513100 10:07 AM OQUEST FOR COUNCIL ACTION MEETING DATE: May 15, 2000 DEPARTMENT ID NUMBER:. PL00-15 Bolsa Chica Annexation Study, which emphasizes a Review of Options and LAFCO Fiscal and Technical Review Procedures, to ensure consistency between the two reports prior to their inclusion in the annexation application being submitted .to,LAFCO. To help defray these costs, the City and Shea Homes Limited Partnership have agreed to enter into a Reimbursement Agreement in the amount of Twenty-two Thousand Three Hundred Seventy-five Dollars ($22,375.00). Staff recommends the City Council approve the Reimbursement Agreement between the City and Shea Homes Limited Partnership, and authorize the Mayor and the City Clerk to sign. C. COUNCIL POLICY REGARDING REQUESTS FOR AN APPROPRIATION OF FUNDS: As adopted by the City Council in March..1998, all request 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 Limited Partnership, the project proponent. Environmental Status: Projects over which public agencies exercise'.`rninisterial authority, such as this Reimbursement Agreement are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. ATTACHMENTS: City Clerk's Page Number 1. Reimbursement,Agreement between the City and Shea Homes Limited Partnership _ 2. Fiscal Impact Statement. RCA Author: Duane Bankey _- PI00-15 -4- 513100 10:07 AM :10 HO REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA HOMES, LP., 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 G Notices 3 7 Term 3 8 Entirety 4 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA HOMES, L.P., FOR PROFESSIONAL PLANNING SERVICES This Agreement is made and entered into this 15t:h day of May , 2000, 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 Cade Section 87103.6, Developenis 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 and engineering services in the estimated total amount of Twenty-two Thousand Three Hundred Seventy-five Dollars ($22,375.00), which represents the estimated cost of professional planning services, in 1 4fSA-99A9ree:Shea0810 RI_S 99-412 connection with the annexation of Developer's property in the City of Huntington Beach, as follows: A. Developer shall pay the entire estimated amount to City within ten (10) days following the adoption of this Agreement by the City Council. B. Developer acknowledges that the amounts referenced in this Agreement are City's best estimate of the cost for the Reimbursement 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 Reimbursement Services are less than the estimated costs, City will refund the difference between-the actual and estimated costs. 2. STATEMENT OF WORK TO BE PERFORMED The amounts reimbursed to the City pursuant to this agreement will help defray the cost of the professional planning and engineering services required to process 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 and engineer assigned to the Developer's various development projects. C. Shall be deemed to impose any liability on the City different from any liability as may otherwise be established by law. 2 4.!5A-99Agree:Shea0810 RLS 99412 4. TIME IS OF THE ESSENCE City and Developer agree that time is of the essence for the professional planning services to be funded pursuant to this Agreement. 5. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days prior written notice to the other party. Developer shall be responsible for all costs incurred prior to termination, including any and all costs incurred after notice of termination has been given. 6. NOTICES Any notices or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to Developer's agent (as 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 P.O. Box 1509 Huntington Beach, CA 92648 Brea, CA 92822 7. TERM This Agreement shall be effective on the date of its adoption by the City Council of City. This Agreement shall expire when tenninated as provided herein, or thirty-six (36) months from the date of its adoption by the City Council of City, which ever occurs first. 3 4 s:4-99Agrce:Sheaf)S10 RLS 99-412 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 California Limited Partnership a municipal corporation of the State of California By J.F. Shea Co., Inc., a Nevada corporation, its General Partner Mayor By . 55�_ _ ATTEST: Name Le-; -1,4t*V'+Jq-S d)W06 -44 _ (type or print) City Clerk Its(circle one)Chairman of the Board/President/ ice President APPROVED AS TO FORM: AND ��10 C Cit Attorney B y � _ � 3�yQ1z Name le&A14" G. A4&r?-LC (type or print Its(circle one)Secretary,An. ssistant Secretary, Chief Financial Officer,Any Assistant reasurer REVIEWED AND APPROVED: INITIAT D AND APPROVED: GCity Administrator Dire or of Planning 3 4 4.!s:4-99Agrce:S hca0810 RIS 99-412 STATE OF CALIFORNIA COUNTY OF ORANGE On _April 25, 2000 before me, Olivia Iskenderian, 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. ouvu►MFBOMRM Com"IbOM 9116M Notary PLtft-camamlt CMrQeC0W* f My Comm.BV=Jun%= Olivia Iskenderian California General Purpose Acknowledgment For all documents executed in the State of California t r. : - c . -_ - n 1-. 1- 1 !_ 1 .� I r. & 1 F H S !r - € 1 I. 4 , .- 1 it i t +r id i -•( �� ft_ r s, -i F - r- � CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-18 Approve Reimbursement Agreement with Shea Homes Limited Partnership for professional planning services in connection with the annexation of Shea Property to the City of Huntington Beach. Date: March 21 , 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Approve Reimbursement Agreement with Shea Homes Limited Partnership for professional planning services in connection with the annexation of Shea Property to the City of Huntington Beach" If the City Council approves this request (total appropriation $22,375), there will be no effect on any of the City's fund balances since the appropriation will be funded by advances from developers. J n Reekstin, Director of Administrative Services RCA t0U.TING !1HEET INITIATING PLANNING DEPARTMENT DEPARTMENT: SUBJECT: APPROVE THE REIMBURSEMENT-- AGREEMENT WITH SHEA HOMES LIMITED PARTNERSHIP FOR PROFESSIONAL PLANNING SERVICES IN CONNECTION WITH THE ANNEXATION OF SHEA PROPERTY TO THE CITY OF HUNTINGTON t BEACH, COUNCIL MEETING DATE: May 15, 2000 RCA.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 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-MISSING ATTACHMENTS -REVIEWED' . .. .` RETURNED . -. :;FORWARDED Administrative Staff � /a �' ( ) . { _} Assistant City Administrator (Initial) ( ) { } City Administrator (Initial) City Clerk ( ) EXPLANATION'.FOR_RETURN:°OF`ITEM: