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HomeMy WebLinkAboutRAINBOW DISPOSAL COMPANY - WARNER-NICHOLS PROJECT - 2007-01-02 0 Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied Ci erkX Sign re Council Meeting Dater 1/2/2007 Department ID Number: PI07-04a CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COVNQL , SUBMITTED BY: PENELOPE CULBR TH-GRAFT City Administrator PREPARED BY: SCOTT HESS, Acting Director of Plannin SUBJECT: Approve Reimbursement Agreement with Rainbow Disposal Company for Preparation of Environmental Documentation for Warner-Nichols Project E atement of Issue,funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) EE Statement of Issue: Transmitted for City Council's consideration is a Reimbursement Agreement between the City and Rainbow Disposal Company. The Reimbursement Agreement will help defray the costs of professional planning services associated with the environmental documentation for the proposed Rainbow Disposal Company project at the southeast corner of Warner Avenue and Nichols Street. Funding Source: Pending City Council. approval of this reimbursement agreement, Rainbow Disposal Company will pay to the City $74,051 for the anticipated costs of preparing the requisite environmental documentation. This revenue and expenditure are included in the Fiscal 2006/07 budget. Recommended Action: Motion to "Approve the Reimbursement Agreement (Attachment No. _ 1) with Rainbow Disposal Company as prepared by the City Attorney, between the City and Rainbow Disposal Company." Alternative Action(s): "Continue the Reimbursement Agreement and direct staff accordingly. REQUEST FOR CITY COUNCIL ACTION` MEETING DATE 1/2/2007 DEPARTMENT ID NUMBER: PI07-04a Analysis: Applicant: Rainbow Disposal Company, 17121 Nichols Street, Huntington Beach, CA 92647 Location: 7642 Warner Avenue (Southeast Corner of Warner Avenue and Nichols Street) The applicant filed a General Plan Amendment, Zoning Map Amendment, Conditional Use Permit, and Design Review Board for the subject site. These applications represent a request to change the land use designation on the site from Residential Medium (RM) to General Industrial (IG) and develop an 8,000 square foot retail/office building and 50,000 square foot storage facility. The site consists of a 4.92 acre parcel. The proposed development also includes the demolition of existing structures on the subject site and removal of mature trees. The structures are identified in the General Plan as having significance as historical landmarks. Pursuant to the California Environmental Quality Act (CEQA), the,City must prepare the requisite environmental documentation in conjunction with this project. The Planning Department has selected Jones & Stokes Associates to prepare the environmental documentation. They were selected in accordance with the Municipal Code and Administrative Regulations pertaining to professional services agreements. The cost of the contract with Jones & Stokes Associates is $74,061. As the amount of the contract does not exceed $100,000, the City Administrator is able to approve the agreement between the City and Jones &-Stokes Associates. These costs will be reimbursed by Rainbow Disposal Company as a result of this reimbursement agreement. There have been many reimbursement agreements requested by staff and the development community for environmental documentation. This is an acceptable' method to give developers greater assurance of timely entitlement processing and a greater level of detailed environmental evaluation. Staff recommends the City Council approve the reimbursement agreement. Environmental Status: Projects over which public agencies exercise ministerial authority, such as this agreement contracting for preparation of environmental documentation, are categorically exempt from the California Environmental Quality Act pursuant to Section 15300.1. Attachment(s): City Clerk's Page Number No. Description 1. Reimbursement Agreement with Rainbow Disposal Company. -2- 12/18/2006 3:23 PM ATTACHMENT # 1 i REIMBURSEMENT -PLANNING-AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND Ct I-, +v✓ D, v 5 q f CO FOR C jS�TS INCURRE F t THIS AGREEMENT ("Agreement") is made and entered into this day of JhNU AR y , 2 gp+ by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and cih ��sz� D( Silo S4 C.9-1 a e hereinafter referred to as"DEVELOPER." WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington Beach known as Scat f-eas t C.o.-�.e a(' 41A and DEVELOPER is required to submit applications to CITY for approval of various discretionary matters, such as entitlements, zone changes, land use approvals and environmental assessments; and DEVELOPER desires that all entitlements, zone changes, land use approvals and environmental assessments be processed as soon as possible; and DEVELOPER desires to have CITY commit sufficient resources to enable`the expeditious processing of applications and other necessary documentation; and Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to defray the cost of processing development applications and entitlements by reimbursing CITY for such costs, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged,the parties'agree as follows: agree/forms/reimburse/rev10/18/01-A 1 rev 10/14/02 1. PAYMENT DEVELOPER agrees to reimburse CITY for its professional services as follows: A. DEVELOPER will make an initial payment to CITY in the amount of �,>L, N C4 J Dollars ($ , a�1 ,a "' ) (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 ($1,000),DEVELOPER shall make the next Quarterly` Payment within ten (10) days notice from CITY. DEVELOPER acknowledges that the amount referenced in this Agreement is the CITY's best estimate of the costs for the services described herein, and that the actual cost of said services may be higher. In the event that the actual cost of said services exceeds the estimated costs, DEVELOPER agrees to pay the actual,cost within ten (10) 'days after receiving CITY's invoice for same. In the event the actual costs of Reimbursement Services are less than the estimated costs, CITY will refund the difference between the actual and estimated costs. B. The estimated cost to cover twelve (12) months of professional services is e ,rre�{�, '0—r ­' Dollars($ *74 U�1 ` � )• C. A late payment fee of ten percent (10%) will be assessed if CITY receives any payment later than the thirtieth (30t') day after that payment is due but unpaid. In addition, one and one-half percent(i%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 parry. DEVELOPER shall be responsible for all costs incurred prior-to termination, including any and all costs incurred after notice of termination has been given. 7. TERM This Agreement shall be effective on the date of its approval by the City Council of CITY. This Agreement shall expire when terminated as provided herein. 8. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant,or by enclosing the same in a sealed envelope,postage prepaid,and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: TO DEVELOPER: City of Huntington Beach ��. �i�v .., e��® sue ATTN: C� --ISt�. t.er I�a�., S �/o ec�a'svQ l zrlv� ' 2000 Main Street - Huntington Beach, CA 92648 �-1 '(� 1`��,• S .e e - 9. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. agree/forms/reimburse/rev10/18/01-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 parry 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 parry shall bear its own attorney's fees. 16. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. agree/forms/reimburse/rev 10/18/01-A 6 rev 10/14/02 17. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF; the parties hereto have caused this Agreement to be executed by and through their authorized offices the day,month and year first above written. DEVELOPER, f CITY OF HUNTINGTON BEACH,a duow PJ.0!.5 r.-.c, municipal corporation of the State of California By: .14-11k, '—�c ® f_ I Mayor print name ATTEST: ITS: (circle one)Chairrnaa(eDrvice President AND ity Clerk 1IYlo�� By: ' 4PPiROVED AS TO FORM: print name Cl Attorney ITS: (circle one Secreta /Chief Financial Officer/As Secretary-Treasurer 1NITIA A ,D APPROVED: REVIEWED AND APPROVED: Director of n 1 ry C6 Administrator agree/forms/reimburse/rev10/18/01-A 7 rev 10/14/02 State of California CALIFORNIA ALL-PURPOSE County of SS' CERTIFICATE OF ACKNOWLEDGMENT On ` Yt.� `rl ter 2c^'C before me, IZ� �`°%4 �' D Printed Name of Notary Public personally appeared `�v a C-0— 4_\0I-)" -�`— Printed Name(s)of Signer(s) _ ❑ personally known to me -or- XL proved to me on the basis of satisfactory evidence: C g form(s)of identification Z)l- - ►,) (o('97 l G7 ` f ❑ credible witness(es) 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. WITNESS my hand and official seal. .K.611RU COMM. #1498887 z a Notafy Public•California O z Ofange County Comm.Expires Jul.6,2008 ignature of Notary Public rr (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. = Description of Attached Document The preceding Certificate of Acknowledgment is attached top/a document titled/for the purpose of ✓"�'�'�"� �n n 1 ((m ti�`�� ❑Additional Signer(s) ❑ Signer(s)Thumbprint(s) - ❑Other containing pages,and dated � f �2_ 00 The signer(s) capacity or authority is/are as: Individual(s) ❑ Attorney-in-Fact ❑ Corporate Officer(s) Title(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) ❑ Other: 3 representing: Name(s)of Person(s)or Entlty(ies)Signer is Representing O Copyright 2004 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 02/04. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com State of California CALIFORNIA ALL-PURPOSE County of SS' CERTIFICATE OF ACKNOWLEDGMENT On >2 00 O before me, , D Printed Name of Notary Public personally appeared &r a_ld jqfj�,-,tt Printed Name(s)of Signer(s) ❑ personally known to me -or- proved to me on the basis of satisfactory evidence: ��7�8 3 f� ❑ form(s)of identificationft 7 ❑ credible witness(es) 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. WITNESS my hand and official seal. COMM. 0149$"l z; Notary Public Catitomia Z Orange County Corm.Dees Jul.6,2008 Si ature of Notary Public o (Seal) = OPTIONAL INFORMATION 3 Although the information in this section is not required by law,it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document Q titled/for the purpose of fir . `' ❑Additional Signer(s) ❑ Signer(s)Thumbprint(s) ❑Other containing pages,and dated 2-j C)CD 6' The signer(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney-in-Fact ❑ Corporate Officer(s) Titles) ❑ Guardian/Conservator ❑ Partner-Limited/General Trustee(s) ❑ Other: o representing: Name(s)of Person(s)or Entity(ies)Signer is Representing i ©Copyright 2004 Notary Rotary,Inc.925 29th St.,Des Moines,IA 50312-3612 Form ACK02. 02/04. To re-order,call toll-free 1-877-349-6588 or visit us on the Internet at http://www.thenotaryshop.com RCA ROUTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Reimbursement Agreement with Rainbow Disposal Co. Inc. for Warner-Nichols project environmental review COUNCIL MEETING DATE: January 2, 2007 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) - Attached ❑ Not Applicable Resolution (w/exhibits &legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached Not Applicable Bonds (If applicable) Attached Not Applicable Staff Report (if applicable) Attached ❑e.! Not Applicable Commission Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable EXPLANATION:FOR MISSING ATTAGHIUIEiNTS REVIEWED RETURNED FORWARDED Administrative Staff Deputy City Administrator (initial) ( ) City Administrator(Initial) ( ) City Clerk EXPLANATION FOR RETURN OF ITEM: (Below • , For Only) RCA Author: SH/MBB/CD CITY OF HUNTINGTON BEACH roe 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK ,January 8, 2007 Rainbow Disposal Company, Inc. Attn: Richard Harlow 211-B Main Street Huntington'Beach, CA 92648-8137 Re: Reimbursement- Planning -Agreement Mr. Harlow: On Tuesday, January 2, 2007, the City Council of the City of Huntington Beach approved execution of the Reimbursement- Planning—Agreement between the City of Huntington Beach and Rainbow Disposal Company for costs incurred for the Warner- Nichols Environmental Impact Project. Enclosed is a duly executed copy of the agreement for your records. Sincerely0-1 Joan L. Flynn City Clerk Encl.: Agreement JF:pel G:fo I Iowup:agnntltr/CoAging/j c (Telephone;714-536.52271