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HomeMy WebLinkAboutBella Terra Phase 2 Associates, LLC - 2007-10-15Council/Agency Meeting Held QQ �- Deferred/Continued to *Appr ved ❑ Conditionally Approved ❑ Denied %SW��Yyerkylignatur —J Council Meeting Date 10/15/2007 Department Number PL07-33 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO HONORABLE MAYOR AND CITY COUNCIL SUBMITTED BY PE �LOPELBR� FT DDPA CITY ADMINISTRATOR PREPARED BY SCOTT HESS DIRECTOR OF PLANNING/V'° SUBJECT APPROVE PROFESSIONAL SERVICES AGREEMENT WITH PBS&J FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR THE BELLA TERRA PHASE II PROJECT APPROVE REIMBURSEMENT AGREEMENT WITH BELLA TERRA PHASE II ASSOCIATES LLC Statement of Issue Funding Source Recommended Action Alternative Action(s) Analysis Environmental Status Attachment(s) Statement of Issue Transmitted for City Councils consideration is a professional services agreement with PBS&J for preparation of an Environmental Impact Report (EIR) for the Bella Terra Phase II project and a reimbursement agreement with Bella Terra Phase II Associates LLC to fund the EIR Funding Source An appropriation of $399 820 from the General Fund to the Planning Department Professional Services Account 10060201 69365 is required These funds will be offset by the attached reimbursement agreement with the developer of the project Bella Terra Phase II Associates LLC Recommended Action Motion to �GtI ,� 1 Approve the Professional Services Agreement in the amount of Three Hundred Ninety Nine Thousand Eight Hundred Twenty Dollars ($399 820) as prepared by the City Attorney between the City and PBS&J and authorize the Mayor and City Clerk to sign E Approve the Reimbursement Agreement in the amount of Three Hundred Ninety Nine Thousand Eight Hundred Twenty Dollars ($399 820) as prepared by the City Attorney with Bella Terra Phase II Associates LLC and authorize the Mayor and City Clerk to sign 1AJ REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT 1D NUMBER PL07-33 3 Appropriate funds in the amount $399 820 from the City General Fund to the Planning Department Professional Services Account to account 10060201 69365 for the Professional Services contract between the City and PBS&J which is funded by a reimbursement agreement Alternative Action(s) The City Council may make the following alternative motions 1 `Deny the Professional Services Contract between the City and PBS&J 2 Deny the Reimbursement Agreement between the City and Bella Terra Phase 11 LLC 3 Continue the item and direct staff accordingly Analysis A PROJECT BACKGROUND Applicant Bella Terra Phase 11 Associates LLC 109 South La Cumbre Lane Santa Barbara CA 93105 Location North Side of Edinger Avenue East of Gothard Street (former Montgomery Wards site) The proposed project is located at 7777 Edinger Avenue in the northern part of the City of Huntington Beach immediately adjacent to Bella Terra an approximately 777 000 square foot shopping center which is owned by an affiliate of the applicant The site is bordered by Center Avenue to the north Edinger Avenue to the South the Bella Terra mail to the east and a railroad right-of-way and commercial property to the west The existing Bella Terra is currently referred to as Phase I the proposed project is currently referred to as Phase II The Phase II project site comprises 15 86 acres with a General Plan designation of CR-F2-sp-mu (F9) This designation translates to Regional Commercial-0 5 FAR -Specific Plan Overlay -Mixed Use Overlay The F9 denotes the floor area ratios and densities allowed under the mixed use scenario and specifies an overall maximum total building area FAR of 1 5 commercial only FAR of 0 5 and 25 residential units per net acre The cumulative total of commercial area FAR and residential density cannot exceed the total building area FAR of 1 5 The project site currently has zoning designation of Specific Plan No 13 which allows for development of regional commercial uses but does not permit residential uses The existing land use is an approximately 190 100 square foot retail building formerly occupied by Montgomery Wards on the eastern portion of the property and an approximately 18 600 square foot auto repair facility on the southwestern portion of the property 2 9/25/2007 3 46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER PL07-33 The environmental documentation will analyze the environmental effects of changing the General Plan and zoning and developing a mixed -use project consisting of approximately 150 000 square feet of commercial space 500 residential units and associated parking and infrastructure The EIR will evaluate impacts in relation to their severity and probability of occurrence and shall identify appropriate modifications to the project to mitigate any environmental impacts to the extent feasible B CONSULTANT SELECTION PROCESS Staff solicited proposals from five qualified consultants for this project - PBS&J (formerly EIP Associates) - Hogle Ireland - The Planning Corporation - BonTerra Consulting - PCR Services Corporation Staff distributed Requests for Proposals for three EIRs concurrently to these five consultants Bella Terra Phase II The Ripcurl Project and the Beach Boulevard/Edinger Avenue Corridor Study Each consultant had the options of submitting for all three any combination of two or any singular project PBS&J submitted for each of the three projects For the Bella Terra Phase II BonTerra was the only other vendor who submitted a proposal Proposals were reviewed by staff from the Planning Department and Econom'Ic Development Department Although BonTerra submitted a proposal that was adequate the PBS&J proposal was rated as superior by staff due to their high level of technical expertise and experience with the City of Huntington Beach PBS&J (then EIP) prepared the Environmental Impact Report for Pacific City the Strand the Waterfront Grand Resort and Conference Center the Newland Street Residential and the Northam Ranch House project They are currently preparing the EIR for the proposed Senior Center as well C STAFF RECOMMENDATION - A Professional Services Contract between the City and PBS&J is necessary to prepare the required EIR This contract will require an appropriation of funds by the City Funding for the EIR is included in the reimbursement agreement with Bella Terra Phase 11 Associates LLC the developer of Bella Terra II Staff recommends the City Council approve the contract with PBS&J in the amount of $399 820 00 and authorize the Mayor and City Clerk to execute the documents Staff recommends the City Council approve the Reimbursement Agreement with Bella Terra Phase 11 Associates LLC There have been many reimbursement agreements requested by 3 9/25/2007 3 46 PM REQUEST FOR CITY COUNCIL ACTION MEETING DATE 10/15/2007 DEPARTMENT ID NUMBER PL07-33 staff and the development community for environmental documentation This is an acceptable method to give developers greater assurance of timely entitlement processing and a greater level of detailed environmental evaluation Strategic Plan Goal Land Use Development Project 1 Revitalize Old Commercial Centers The EIR is the requisite first step in creating new development at the former Montgomery Wards site that has been vacant since 2001 Environmental Status Projects over which public agencies exercise ministerial authority such as this agreement contracting for preparation of environmental documentation are categorically exempt from the California Environmental Quality Act pursuant to Section 15300 1 Attachment(s) St7C 1 Professional Service Agreement with PBS&J 2 Reimbursement Agreement with Bella Terra Phase 11 Associates LLC 3 Fiscal Impact Statement RGA Authors Broeren/Davis 4 9/28/2007 1 42 PM Lam - ATTACHMENT #1 1 ATTACHMENT #2. REIMBURSEMENT - PLANNING - AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Bella Terra Phase II Associates LLC FOR COSTS INCURRED FOR Preparation of the Environmental Impact Report for the Bella Terra Phase II Project THIS AGREEMENT ("Agreement") is made and entered into this �l th day of October , 2 007 by and between the City of Huntington Beach a municipal corporation of the State of California, hereinafter referred to as CITY " and hereinafter referred to as DEVELOPER " WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington Beach known as Rel l a Terra Phase TT and DEVELOPER is required to submit applications to CITY for approval of various discretionary matters such as entitlements, zone changes land use approvals and environmental assessments, and DEVELOPER desires that all entitlements zone changes, land use approvals and environmental assessments be processed as soon as possible, and DEVELOPER desires to have CITY comma sufficient resources to enable the expeditious processing of applications and other necessary documentation, and Pursuant to California Government Code Section 87103 6 DEVELOPER is allowed to defray the cost of processing development applications and entitlements by reimbursing CITY for such costs NOW THEREFORE in consideration of the promises and agreements hereinafter made and exchanged, the parties agree as follows agree/forms/reimburse/rev10/18/01 A 1 rev 10/14/02 I PAYMENT DEVELOPER agrees to reimburse CITY for its professional services as follows A DEVELOPER will make an initial payment to CITY in the amount of One hundred Thousand Dollars ($ 100,000 00 ) (hereinafter the "Amount of Deposit") on the first day of each third month Thereafter, DEVELOPER shall replenish the Amount of Deposit by paying to CITY an amount equal to the amount paid to CITY for professional services funded by this Agreement (the "Quarterly Payment") The parties acknowledge that the Amount of Deposit will be used to pay the professional planning services funded by this Agreement, and if prior to the payment of any Quarterly Payment, the Amount of Deposit is less than One Thousand Dollars ($1 000) DEVELOPER shall make the next Quarterly Payment within ten (10) days notice from CITY DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's best estimate of the costs for the services described herein, and that the actual cost of said services may be higher In the event that the actual cost of said services exceeds the estimated costs DEVELOPER agrees to pay the actual cost within ten (10) days after receiving CITY's invoice for same In the event the actual costs of Reimbursement Services are less than the estimated costs CITY will refund the difference between the actual and estimated costs B The estimated cost to cover twelve (12) months of professional services is Three Hundred Ninety Nine Thousand Dollars ($ 399,820 00 ) Eight Hundred Twenty C A late payment fee of ten percent (10%) will be assessed if CITY receives any payment later than the thirtieth (30th) day after that payment is due but unpaid In addition, one and one half percent (1'/2) interest per month shall be added for each month the payment hereunder is due but unpaid agree/forms/reimburse/rev10/18/01 A 2 rev 10/14/02 2 STATEMENT OF INTENT The amounts reimbursed to CITY pursuant to this Agreement will help defray CITY's cost of the professional planning services required to process DEVELOPER's various development applications and entitlements as set forth herein 3 EXCLUSIVE CONTROL BY CITY CITY will maintain exclusive control over the work described herein Nothing in this Agreement A Shall be deemed to require CITY to approve any plan proposal, suggestion, application or request submitted by DEVELOPER B Shall be deemed to limit in any respect whatsoever CITY's sole authority to direct and control the planner(s) assigned to DEVELOPER's various development projects C Shall be deemed to impose any liability on CITY different from any liability as may otherwise be established by law 4 CITY EMPLOYEES AND OFFICIALS DEVELOPER shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement No officer or employee of CITY shall have any direct financial interest in this Agreement 5 TIME IS OF THE ESSENCE CITY agrees that time is of the essence for the performance of the work to be funded pursuant to this Agreement and therefore thirty (30) days prior to each quarterly invoice, DEVELOPER shall submit a list of activities to be performed by the CITY for approval by the Planning Director agree/forms/reimburse/rev10/18/01 A 3 rev 10/14/02 6 TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause upon ten (10) days prior written notice to the other party DEVELOPER shall be responsible for all costs incurred prior to termination, including any and all costs incurred after notice of termination has been given 7 TERM This Agreement shall be effective on the date of its approval by the City Council of CITY This Agreement shall expire when terminated as provided herein 8 NOTICES Any notices, certificates or other communications hereunder shall be given either by personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant or by enclosing the same in a sealed envelope postage prepaid and depositing the same in the United States Postal Service, to the addresses specified below, provided that CITY and DEVELOPER by notice given hereunder may designate different addresses to which subsequent notices, certificates or other communications will be sent TO CITY City of Huntington Beach ATTN Christopher S Davis 2000 Main Street Huntington Beach CA 92648 9 MODIFICATION TO DEVELOPER Bella Terra Phase II Associates, LLC ATTN Lindsay Parton 109 S La Cumbre Lane Santa Barbara, CA 93105 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties agree/forms/reimburse/reN 10/18/01 A 4 rev 10/14/02 10 SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions and do not interpret, define limit or describe or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement 11 INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole according to its fair meaning, and not strictly for or against any of the parties If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable void illegal or invalid such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement No covenant or provision shall be deemed dependent upon any other unless so expressly provided here As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law 12 DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals each of which so executed shall irrespective of the agree/forms/reimburse/rev10/18/01 A 5 rev 10/14/02 date of its execution and delivery, be deemed an original Each duplicate original shall be deemed an original instrument as against any party who has signed it 13 IMMIGRATION DEVELOPER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall in particular, comply with the provisions of the United States Code regarding employment verification 14 LEGAL SERVICES SUBCONTRACTING PROHIBITED DEVELOPER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder DEVELOPER understands that pursuant to Huntington Beach City Charter Section 309 the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal services expenses incurred by DEVELOPER 15 ATTORNEY S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney s fees 16 GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California agree/forms/reimburse/rev10/18/01 A 6 rev 10/14/02 17 ENTIRETY This Agreement and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written EVELOPER CITY OF HUNTINGTON BEACH a municipal corporation of the State of California By �- �H Li55�iA-540� ( LG G Miyor _ v e/n/��- print name ITS (circle one) Chairman/PresidentNice President AND &1ty Clerk LIMA ITS (car Secretary — t1t, L print name Secretary/Chief Financial Officer/Asst REVIEWED AND APPROVED G14 C4 Administrator agree/forms/reimburse/rev10/18/01 A 7 rev 10/14/02 APPROVED AS TO FORM r City Attorney T� INITIAT A PPROVED DirectYr of//yam ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On F- l 2- b 7 before me Thomas G Knaack personally appeared personally known to me (or proved to me on the Isis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the withlfi instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity ies) and that b hi / r/ heir signature(s) on the instrument the person(s) or the en t °u n e �r ow q _Kpers (s) acted executed the instrument 4my Commi Sion # 1601086 zNotary Public California WITNESS my hand and icial s ZOrange County ®� Comm Expires Aug 11 2CP-8 ATTENTION NOTARY �to the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificother document THIS CERTIFICATE MU T BE the TO Title of Document THE DOCUMENT DESCRIBED AT RIGHT Number of Pages 7 Date of document r' < Z- G 7 Signer(s) Other Than Named Above ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ORANGE On 6 ' (Z.� 6� before me Thomas G Knaack personally appeared 4 y P44 x '10A,, f personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted executed the instrument THOMAS G KNAACK Commission # 1501086 WITNESS hand d official @my Notary Public California Orange County Comm Expires dug 11 2008 Stgnatur (FOR NOTARY SEAL OR STAMP) ATTENTION NOTARY Alth gh the information requested below is OPTIONAL it could prevent fraudulent attachment of this certificate to another document THIS CERTIFICATE MUST BE ATTACHED TO Title of Document THE DOCUMENT DESCRIBED AT RIGHT Number of Pages _- Date of Document 9-1 Z ° % Signer(s) Other Than Named Above DOCVME TiROV DED. STEW RT TRLE Horan 2 ooc Nv dr! eG ATTACHMENT #3 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION FINANCE DEPARTMENT TO PENELOPE CULBRETH-GRAFT DPI CITY ADMINISTRATOR FROM DAN T VILLELI A CPk FINANCE DIRECTOR SUBJECT FIS 2007-08-4 Approve Professional Services Agreement with PBS&J for Preparation of Environmental Impact Report for the Bella Terra Phase II Project Approx e Reimbursement Agreement with Bella Terra Phase lI Associates LLC DATE SEPTEMBER 26 2007 As required by Resolution 4832 this Fiscal Impact Statement has been prepared for "approve Professional Services Agreement with PBS&J for Preparation Of Environmental Impact Report for the Bella Terra Phase II Project Approve Reimbursement Agreement with Bella Terra Phase II Associates LLC ' If the Cm Council approN es this action (total appropriation $399 820) there will be no effect on any fund balance since the new appropriations are funded by revenues not anticipated in the original budget -Z��" ,W Dan T Villella Finance Director RCA ROUTING SHEET INITIATING DEPARTMENT Planning SUBJECT Bella Terra li EIR Contract COUNCIL MEETING DATE October 15 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable ElSubleases Third Party Agreements etc Attachel (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attomey) Attached Not Apphcable ❑ Fiscal Impact Statement (Unbudgeted over $5 000) Attached Not Applicable ❑ Bonds (if applicable) Attached ❑ Not Applicable Staff Report (If applicable) Attached NotApplicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached ❑ Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (initial) ( ( ) City Clerk EXPLANATION O. RETURN OF ITEM • (Below Space For City Clerk's Use Only) RCA Author M Broeren/C Davis City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 OFFICE OF THE CITY CLERIC JOAN L FLYNN CITY CLERK October 18 2007 Bella Terra Phase 11 Associates LLC Attn Lindsay Parton 109 S La Cumbre Lane Santa Barbara CA 93105 Dear Mr Blind Enclosed for your records is a duplicate original of the Reimbursement — Planning — Contract between the City of Huntington Beach and Bella Terra Phase 11 Associates LLC for preparation of the Environmental Impact Report for the Bella Terra Phase II project Sincerely Joan L Flynn CMG City Clerk JF pe Enclosure Agreement G followup agrmthr Sister Cities Anlo, Japan • Waitakere New Zealand (Telephone 714 536 5227)