Loading...
HomeMy WebLinkAboutSHEA VICKERS DEVELOPMENT - 1998-07-20 s `CITY OF HUNTINGTON BEACH MEETING'DATE: DEPARTMENT ID NUMBR: ' Council/Agency Meeting Held: '74)dZ9 8 Deferred/Continued to: Rf Approved ❑ Conditionally Approved ❑ Denied �y� � City Clerk's Signature �l o Council Meeting Date: Department ID Number: CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CITY ADMINISTRATO i PREPARED BY: ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WORK SUBJECT: REIMBURSEMENT FOR THE DEMOLITION OF THE EXISTING RESERVOIR AT RESERVOIR HILL Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attacluuent(s) Statement of Issue: Shea Vickers Commercial Properties is in the process of proposing a development of the Seacliff Shopping Center, but has not yet acquired all necessary entitlements from the City. In order to accelerate this development, they wish to proceed with certain construction activities, prior to acquiring entitlements. These activities include the demolition of the existing reservoir located at Goldenwest Street and Clay Avenue and improvements at the Reservoir Hill property, and the relocation of the City's 42-inch water pipeline in Clay Avenue. Shea Vickers is requesting; (a) authorization to proceed with these activities; and (b) financial participation by the City for fifty percent of the cost of the demolitionwork necessary for the removal of the existing reservoir. 7: -;.:, Funding Source: Unappropriated Water Reserves. at D 'S ✓r)//� hL1Lt'_ ac/� /S !A.) i RCARHILL.DOC -2- July 8, 1998 2: 6 PM ! REQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: Recommended Action: Motion to: 1., Authorize the Mayor and City Clerk to execute .Amendment No. 1 to the Agreement Between the City of Huntington Beach and Shea Vickers Commercial Properties Concerning Reservoir Hill Property (Attachment 1). 2.1 Approve the transfer of $25,000.00 from the Unappropriated Water Fund ! Reserves, to the Fiscal Year 1997/98 Water fund budget, Account Number E- EW-PW-962-6-29-00. 3.i Authorize the Director of Public Works to reimburse Shea Vickers Commercial Properties 50% of the actual cost of the demolition work for the reservoir at the Reservoir Hill property, at a cost not to exceed $25,000. 4. Authorize the Mayor and City Clerk to execute the Agreement between the City of Huntington Beach and Shea Vickers Commercial Properties Concerning the 42-inch Pipeline Relocation (Attachment 2). Alternative Action(s): 1.1 Do not execute Amendment No. 1 to the Agreement Between the City of Huntington Beach and Shea Vickers Commercial Properties Concerning Reservoir Hill Property (Attachment 1); deny transfer of appropriated.Water ! funds and reimbursement to Shea Vickers Commercial Properties and have ! the City complete the demolition, per the original agreement. Failing to execute this agreement and denying the transfer of funds at this time would }� result in a greater cost to the City at a later date for this demolition work, and ! could delay the proposed development approximately three years. 2.' Do not execute the Agreement between the.City of Huntington Beach and Shea Vickers Commercial Properties Concerning the 42-inch Pipeline Relocation (Attachment 2). Due to the risks and liabilities associated with this work, neither the Water Division, nor the City Attorney's office recommends allowing this pipeline relocation work to proceed (during the summer season) without such an agreement in place. Consequently, if the Agreement is not executed, the encroachment permit (to relocate the pipeline) would be denied to the developer, delaying this development for approximately four months, until the risks associated with relocating this pipeline are minimal. i RCARHILL.DOC -3- July 8, 1998 2:16 PM 4 1EQUEST FOR COUNCIL ACTION MEETING DATE: DEPARTMENT ID NUMBER: Analysis: Reservoir Demolition Work Shea Vickers Commercial Properties is currently developing the Seacliff Shopping Center Property adjacent to, and including the Reservoir Hill site. It is necessary for this developer (who purchased the property from the Huntington Beach Company) to demolish the abandoned reservoir at this time in order to accommodate their construction schedule. Pursuant to Section 2.4 of the Agreement Between the City of Huntington Beach and the Huntington Beach Company Concerning Reservoir Hill Property, (copy attached as Exhibit A in Attachment 1), the Reservoir Hill demolition work was to be performed at the City's cost, within three years of the execution of a Mutual Termination Agreement, pending completion of the new pump station. The Mutual Termination Agreement has not yet been executed, consequently the deadline for the demolition of the reservoir would not be before July of the year 2001. (It is anticipated that the Mutual Termination Agreement will be submitted to Council for approval within 30-60 days.) As an incentive to the City to allow Shea Vickers Commercial Properties to proceed with their development and not wait for the City to complete this demolition work, Shea Vickers has agreed to incorporate this work into their development and to share the demolition cost with the City. Upon the advice of the City Attorney's office that a cost sharing would be appropriate for this demolition work (see Attachment 3), a minimum of three bids were called for and accepted by Shea Vickers Commercial Properties. The developer will be awarding the bid to the lowest responsible/responsive bidder. It is recommended that Shea Vickers Commercial Properties be reimbursed for 50% of the actual cost of the reservoir demolition work, for an amount not to exceed $25,000. Consequently, it is necessary to execute Amendment No. 1 to the Agreement Between the City of Huntington Beach and Shea Vickers Commercial Properties Concerning Reservoir Hill Property to reflect this proposed reimbursement. A copy of the Amendment No. 1 to this Agreement is attached herein as Attachment 1. Pipeline Relocation Shea Vickers Commercial Properties has requested authorization to relocate the City's 42 inch water pipeline in Clay Street (between Goldenwest Street and Stewart Street), so that it will not interfere with their proposed development. Work is scheduled to begin within the next 30 days. There are certain risks and liabilities associated with this work, namely the ability to provide adequate fire flow throughout the City while this pipeline is being relocated. Obviously, the risk is greater during the summer months (when water demands are greater) than during the winter months. In the event of an emergency, if it is necessary to import additional water to meet these demands, the City would expect Shea Vickers to absorb the resulting fiscal impacts. These risks, liabilities, and resulting fiscal impacts (including standby "firewatch" personnel costs, import water costs, etc.) are further identified in the RCARHILL.DOC 4- July 8, 1998 2:16 PM qEQUEST FOR COUNCIL ACTION MEETING'DATE: DEPARTMENT ID NUMBER: attached Agreement between the City of Huntington Beach and Shea Vickers Commercial Properties Concerning the 42-inch Pipeline Relocation. (Attachment 2) Shea Vickers Commercial Properties is fully aware that the City, by allowing them to proceed with this work, does not guarantee or endorse the requested entitlements for this project. Environmental Status: The project is substantially consistent with the Final Environmental Impact Report No. 89-1 prepared for the Holly-Seacliff Master Plan as adopted by the City Council in January of 1990. Attachment(s): City Clerk's . Number - 1. Amendment No. 1 to the Agreement between the City of Huntington Beach and Shea Vickers Commercial Properties concerning the Reservoir Hill Property. 2. Agreement between the City of Huntington Beach Shea Vickers Commercial Properties concerning the Relocation of the 42-inch Pipeline. 3. Memorandum from City Attorney, Gail Hutton, to Director of Public Works, Les Jones, concerning the Demolition of Reservoir Hill Booster Station, dated November 7, 1997. 4. Fiscal Impact Statement, dated April 24, 1998. RCA Author: D. De Bow extension 5528. RCARHILL.DOC -5- July 8, 1998 2:16 PM ATTACHMENT # 1 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH COMPANY CONCERNING RESERVOIR HILL PROPERTY THIS AMENDMENT NO. 1 is entered into this otn day of rl,ly. , 199_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of., California, hereinafter referred to as "CITY' and the HUNTINGTON BEACH COMPANY, hereinafter referred to as "OWNER WHEREAS, CITY and OWNER, are parties to that certain Agreement, dated December 30, 1986, attached hereto as Exhibit"A" and-incorporated herein by this reference; and WHEREAS, the new Reservoir Hill Booster Station was accepted as complete in May, 1997; and WHEREAS, Shea Vickers Development, LLC represents that it is the successor-in- interest of the Huntington Beach Company; and CITY relies on said representation; Since the execution of the original Agreement, OWNER has requested expedited demolition of the.Reservoir Hill Reservoir and other site improvements as more particularly described in paragraph 2.4 of the Agreement. NOW, THEREFORE, it is agreed�by and between CITY and OWNER as follows: 1. WORK TO BE PERFORMED OWNER shall cause the demolition of the Reservoir Hill Reservoir and other site improvements as described more particularly in paragraph 2.4 of the Agreement. 2. COMPENSATION In consideration of the services..described in Section 1 above, CITY agrees to pay OWNER 50% of the actual cost of the demolition work; a sum not to exceed Twenty7Five Thousand Dollars ($25,000), within thirty days of completion of work and notification of balance .due. 1 j mp/k/g:agre e:v ickers/7/8/9 8 3. REAFFIRMATION Except as otherwise specifically modified herein, all other items and conditions of the Agreement shall remain in full force and effect. 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. OWNER: SHEA VICKERS DEVELOPMENT, LLC, CITY OF HUNTINGTON BEACH, A A Delaware limited liability company municipal corporation of the State of By: Shea Homes Limited Partnership California A California limited partnership, its managing partner By: J.F. SHEA CO., INC., a Nevada corporation its general partner ayor ATTEST: B Les Thomas print name City Clerk ITS: (circle one)Chairman/President/Vice President APPROVED AS TO ORM: By: -4 - Jim/ as e print name , l /C�� 7A8 lrnev ITS: (ci a one)Secretary/Chief Financial �/(( TED AND AP ROVED: Officer/Asst. Secretary-Treasurer Director of Public Works REVIEWED AND APPROVED: &6:G6 #Uity Administrator 2 jmp/k/g:agree:vickers/7/1/98 Recording requested by: Ci- of Huntington 5eacn finis document is solely for th; After recording return to: 6'ice of the Citv Clerk • official bu^iness of the City .y of 1luntinoton Beach If Hu:,tin.^ton Beach, as ccntez,2_ 2000 Plain Street Plated un;?er Goaornment Code Huntington Beach, CA 92648 See. 6103 and should be recorde free of charge. AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH COMPANY EXEMPT CONCERNING RESERVOIR HP L PROPERTY C16 This Agreement is entered into this _?Q day of December, 1986, at Huntington Beach, California, by and between the HUNTINGTON BEACH COIMPANY hereinafter called "OWNER," and the CITY OF HUNTINGTON BEACH, a municipal corporation of the state of � California, hereinafter called "CITY." c WITNESSETH WHEREAS, the parties desire to resolve issues relating to certain water pumping and distribution facilities and interests at Reservoir Hill, RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY. CALIFORNIA NOW, THEREFORE, the parties hereto agree as follows: -12H PM JAN 29 '87 1. General Provisions: 1.1 Authority: ECORDER Each party hereto represents to the other that it has full and complete authority to enter into this Agreement, and that each party hereto considers this Agreement to be fair, reasonable and advantageous to each, and this Agreement shall be binding regardless of the fact that the rights and obligations may be dealt with by successor legislative bodies of CITY. 2. Specific Provisions: OWNER and CITY covenant and agree to take the following action with regard to Reservoir Hill. 2.1 No later than one (1) year from the date hereof, CITY shall quitclaim to OWNER all of its right, title, and interest in and to OWNER's Reservoir Hill property, described in Exhibit A, attached hereto and made a part hereof (hereinafter called "the Property"), except for CITY's interest in that certain lease dated September 15, 1949, attached hereto as Exhibit C. 2.2 As consideration for the above, OWNER shall simultaneously convey to CITY, a site containing approximately 0.5 acre located at the northwest corner of Goldenwest Street and Clay Avenue, as shown on Exhibit B attached hereto and made a part hereof (hereinafter called "the Site"). 2.3 Within two (2) years of the date of this agreement, CITY shall, at its sole cost, construct or cause to be constructed upon the Site, new facilities, consisting of a water pumping station, together with necessary appurtenant structures, equipment, transmission lines, and site improvements (hereinafter collectively called "new facilities"). 1 • 07-052003 2.4 Upon completion of the construction of the new facilities, CITY and OWNER shall execute a mutual termination agreement, terminating said September 15, 1949 lease. No later than three (3) years from the date of this agreement, CITY shall at its sole cost, remove the existing reservoir, pipelines, and all existing buildings, structures, machinery, pumps, plants, fixtures, or other improvements located upon the Property. 3. Processing Fees: No provision of this Agreement shall be construed to limit the authority of the CITY to charge processing fees for land use approvals, building permits, and other similar permits and entitlements which are in force and effect on a city-wide basis at the time. those permits are applied for, except to the extent that any such processing fees would be inconsistent with this Agreement. 4. California Law and Attorneys Fees: This Agreement shall be construed in accordance with the laws of the State of California. Should legal action be brought by either party for breach of this Agreement, or to enforce any covenants and other provisions herein, the prevailing party of such action shall be entitled to reasonable attorney fees and all costs, including, but not limited to, court costs. 5. No Joint Venture: The parties hereby renounce the existence of any form of joint venture or partnership between them and agree that nothing contained herein, or in any document executed in connection herewith, shall be construed as making CITY and OWNER joint venturers or partners. 6. Legal Challenge: In the event of any legal action instituted by any third party, or other governmental entity or official, challenging the validity of any of the provisions of this Agreement, the parties agree to cooperate in defending said action. 7. Best Interest: CITY has found and determined that execution of this Agreement is in the best interests of the public health, safety and general welfare, and the provisions of this Agreement are consistent with existing ordinances of the CITY. 8. Notice: All notices required by this agreement shall be in writing and delivered in person or by certified mail, as follows: Notice to CITY shall be addressed as follows: City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 let'-05 20Q3 Notice to OWNER shall be addressed as follows: Huntington Beach Company 2110 slain Street Huntington Beach, CA 92648 9. Amendment: This Agreement may only be amended by mutual written consent of the parties. 10. Duplicate Originals: This Agreement is executed in duplicate originals, each of which is deemed to be an original. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers at Huntington Beach, California on the day, month, and year first above written. HUNTINGTON CH COMPANY ITY TL TO ACH 2cresident Ma r Assistan Secretary ATTEST: APPROVED AS TO FORM: City Clerk C4-1t ly�lx ttorney � /—/6 -B7 REVIEW ND APPROVED; 4Deu AND APPROVE City Administrator ty Administrator Redevelopment 3 87-052003 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this I�A day of Dep—C 1986, before me, the undersigned, a Notary Public in and for said State, personally F. J. appeared known to me or proved to me on the basis of satisfactory evidence to be the Vice Press:.:1i and A. J. Cia.4 known to me or proved to me on the basis of satisfactory evidence to be the c(� of HUNTINGTON BEACH COMPANY, that executed the within in trument, and personally known to me to be the persons whose names are subscribed to the within instrument on behalf of such corporation, and acknowledged to me that such corporation executed the same pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Signature: Qt� OFFICIAL SEAL THERESA KILLEEPI Notary Public-Califurnia ORANGE COUNTY My Ccmm. Exp. Jan. 26. 1990 Theresa Killeen 2110 Main st., Huntington Beam, CA 92848 Name (typed or printed) (This area reserved for official seal) My commission expires: 1/26/90 87-052n EXHIBIT A LEGAL DESCRIPTION OF RESERVOIR HILL PROPERTY Those portions of the northwest 1/4 of Section 2, and the northeast 1/4 of Section 3, both sections being in Township 6 South, Range I West, San Rernardino (lase and Meridian, described as a whole as follows: Beginning at a point of compound curve, which point is north 81 degrees 56' 3" west a distance of three hundred (300) feet from the northwesterly corner of Smeltzer Avenue and Clay Street (now known as Summit Avenue) as said streets are shown on a map of Garfield Street addition to Huntington Beach, recorded in Book 7, Pages 27 and 28 of Miscellaneous Maps, Records of Orange County, California, thence in a westerly direction from said point of beginning, 445.058 feet along the arc of a circle of radius of 510 feet; the center of which circle bears south 31 degrees 28' west from the point of beginning, to a point of compound curve; thence southerly along the arc of a circle of 135.362 feet radius, a distance of 240.03 feet to a point of compound curve; thence southeasterly along the arc of a circle of 613.156 feet radius, through a distance of 222.950 feet to a point of compound curve; thence easterly along the arc of a circle of 305.543 feet radius, through a distance of 470.41 feet to a point of compound curve; thence northeasterly along the arc of a circle of 149.52 feet radius, through a distance of 86.74 feet to a point of compound curve; thence northwesterly along the arc of a circle of 205 feet radius, through a distance of 226,79 feet to the point of beginning, containg 5.17 acres, more or less. Excepting therefrom that portion lying westerly of a line which is parallel to and 60 feet measured at right angles, westerly of the easterly line of Section 3, Township 6 South, Range 11 West, San Bernardino Base and Meridian. 4*T-052003 • 3-6-II t SECTIONAL DISTRICT MAP 2-6- 11 CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP AVENUE GARFIELD �'�• III - Will 5a r T y i I ldvh C.AT o 9T^• . y , w c. �A, CF-C CF_E %^;• WICNITA AVE V NICE AVE - Al ; � rU •• A.Q�- ` I I1 UTICA _ C F-R TONONTO T -� '. SPR�Nfii�ElO y~ y: _ 'INN 0 XW Y ADAMS CITY OF CH HUNT BED NIA ""' "'"' ORANGE COUNTY, CALIFO n N r r 1n cn W z w 0 19061 19061 19161 cr C C Q 19192 I H V) b �J N I Oi 19?42 • At ° �� _ CLAY t'? oti cc ESERVO R cla 2 ^ 0 ry h ry qm 10 p / 2 1� mp m o O O ° p O ) r cz 2.9 p At, 9J?2 1g1j2 1930 CHURCH CR 9,,f 193 J2 19311 19321 .v n n n e+ f Jf Q, 2 19J{ V 19142 193{ (2123 MAIN Na. 14) Q ti J1 19J5 19J52 �41 1 19J81 19362 19351 6 y 19391 2 19287 19171 GAR R 6981 19382 BOYS MKT. r�< b jDfp, ?3 19392 19381 19392 19402 — 12.0 'O N 1941 W ti DR. 3 �+h g 19132 19421 r19422 W . TOeg 3 19{{ 19{{I ` 1 ly Ni 19{{2 J 6792 fj �ati� 19{51 2945- 19431 ¢ 2.9452 + 29{62 14161 O 19{6? _� J� 1A1j2 11 194h see 32g MANSION ATTACHMENT #2 Y LA CITY OF HUNTINGTON BEACH V" 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: TO: ATTENTION: Name DEPARTMENT: .��w��/��iirr��in�b•ci�/QisU- Street REGARDING: A!neewY 2t 2" City,State,Zip See Attached Action Agenda Item -d2 Date of Approval 7-,?o -57SO 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: Name Department RCA Agreement Insurance Other ,Bore .-- 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:Followup/transltr (Telephone:714-536-5227) AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND SHEA VICKERS DEVELOPMENT, LLC CONCERNING THE RELOCATION OF A 42-IN PIPELINE IN CLAY STREET THIS AGREEMENT is entered into this 20th day of July , 199_, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY" and SHEA VICKERS DEVELOPMENT, LLC, hereinafter referred to as "OWNER". WHEREAS, OWNER has requested to relocate a 42-in water pipeline in Clay Street from service during the summer season; WHEREAS, OWNER acknowledges that any element of work on OWNER's project shall be at its own risk and that entitlements or endorsement of related development projects are not guaranteed or implied by CITY in this pipeline relocation; and WHEREAS, OWNER has agreed to construct a temporary 24-in bypass and approved linestop assembly during the relocation and/or the removal of the 42-in pipeline; and WHEREAS, CITY's Fire Department is satisfied with the fire flow that will be provided throughout the CITY as a result of the removal from service on the 42-in pipeline and construction of a temporary 24-in bypass and approved linestop assembly NOW, THEREFORE, it is agreed by and between CITY and OWNER as follows: 1. WORK TO BE PERFORMED Upon issuance of an encroachment permit, OWNER will remove the 42-in pipeline in Clay Street from service and construct a 24-in bypass and approved linestop assembly. OWNER, or its licensed contractor, shall secure the appropriate encroachment permits for the subject project and OWNER shall pay all requisite fees. 1 j mp/k/agree/Shea/7/1/98 2. EMERGENCY RESPONSE COSTS To ensure that the minimum required fire flow is provided on a 24-hour basis throughout construction, OWNER shall pay all costs associated with maintenance of Water Department "fire-watch" personnel. Said costs to be calculated at 16 hours per day at overtime rate, for each weekday the 42-in pipeline is out of service, and 24 hours per day at overtime rate, for each weekend day or holiday the 42-in pipeline is out of service. OWNER shall deposit nine- thousand three hundred twelve dollars ($9312.00) with the CITY prior to issuance of the encroachment permit for the subject project for the estimated costs for fire-watch personnel. Upon completion of the project, the actual costs incurred will be calculated and the deposit applied to the amount due as appropriate. OWNER shall pay any amount in excess of deposit within thirty days of notification of balance due. CITY shall refund any amount of the deposit unused within thirty days of completion of the project. In the event of an emergency requiring CITY to modify its water import connection, OWNER shall pay costs of importing additional water to maintain minimum fire flows at a rate of $ 460.00 per acre foot. Said costs will be due within thirty days of notification. [REST OF PAGE INTENTIONALLY LEFT BLANK] 2 jmp/k/agree/Shea/7/1/98 A • 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. OWNER: SHEA VICKERS DEVELOPMENT, LLC, CITY OF HUNTINGTON BEACH, A A Delaware limited liability company municipal corporation of the State of By: Shea Homes Limited Partnership California A California limited partnership, its managing partner By: J.F. SHEA CO., INC., a corporation its g al partner Mayor By: ATTEST: Lps Thnmas • print name ITS: (circle one)Chairman/President/Vice President City Clerk APPRO ED AS TO FORM: By: X- V, W�� /Y i In Masse print name City Attor ey ITS:�( /e one)Secretary/Chief Financial T�1;? l/� Pea VIVO 7-g-ly �'�I Officer/Asst. Secretary-Treasurer NED AND APP VED:Dor of Public Works REVIEWED AND APPROVED: OL-1;4rAdministrator 3 jmp/k/agree/Shea/7/1/98 _n l ATTACHMENT #3 02-04-98 08: 29A1.4 F°01-A AT EY"S OFFICE . P02 ,1 CITY OF HUNTINGTON BEACH INTER•DEPARTM12NT COMMUNICATION 1 HL"NGTON PEACH TO: Les Jones,Director of Public Works FROM: Gail Hutton, City Attorney DATE: November 7, 1997 SUBJECT: Demolition of Reservoir Hill Booster Station RLS 97-708 BACKGROUND Pursuant to an agreement adopted in 1986 concerning Reservoir Hill,the City agreed to demolish the old reservoir at the City's cost within 3 years of the acceptance of the new one. The developer would like to accelerate the demolition and has provided three bids from demolition firms. The developer proposes to hire one of these firms to do the work,and accept reimbursement from the City for the costs incurred at a later date. ISSUE . May the City accept this proposal? ANSWER The City can amend the original agreement to allow the developer to perform the work on the City's behalf, subject to reimbursement at a later date, However,the City ought to renegotiate the original agreement to provide for a benefit to the City in return for accelerating the demolition. For instance,the developer could be made to share in the cost of the demolition in return for the accelerated schedule. GAIL HUTTON City Attorney Attachment 3 ATTACHMENT #4 J Ffe� CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To: Ray Silver, City Administrator From: Robert Franz, Deputy City Administrator Subject: Revised FIS 98-44 Reimbursement for the Demolition of the Reservoir at Reservoir Hill Date: July 6, 1998 As required by Resolution 4832, a revised Fiscal Impact Statement has been prepared for "Reimbursement for the Demolition of the Reservoir at Reservoir Hill." If the City Council approves this action (total appropriation $25,000) the estimated working capital of the Water Fund at September 30, 1998 will be reduced to $545,000. bert J. Fra Deputy City Administrator Attachment 4 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS WATER SUBJECT: REIMBURSEMENT FOR THE DEMOLITION OF THE EXISTING RESERVOIR AT RESERVOIR HILL COUNCIL MEETING DATE: July 20, 1998 ........ ........ _ _. .. ...... . . . . ....... ........ ......... ....... .. ........ 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 Attached Contract%Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) 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,MISSING ATTACHMENTS ........:.:.::.::.:.::................REVIEW... EVIEWf D _ __ RETURNED FORW D Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk; EXPLATINFORRTNOFTMA R Only)(Below Space For City Clerk's Use