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HomeMy WebLinkAboutCity Council - 2000-83 RESOLUTION NO. 2000-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REIMBURSING PLC LAND COMPANY THE SUM OF $588,441.25 FROM THE TRAFFIC IMPACT FEE FUND FOR STREET IMPROVEMENTS CONSTRUCTED BY PLC LAND COMPANY ON EDWARDS STREET, BETWEEN ELLIS AVENUE AND INLET DRIVE WHEREAS,by the terms of the Holly Seacliff Development Agreement No. 90-1 dated November 5, 1990, Developer PLC Land Company("PLC Land Company") is obligated to construct certain offsite arterial highway improvements to Edwards Street and Ellis Avenue for the benefit of the City of Huntington Beach ("City"). The Development Agreement and a separate February 20, 1996 Traffic Fee Credit and Reimbursement Agreement provide that PLC Land Company's actual costs for these improvements (and the extension of Seapoint Street) are to be reimbursed by the City, either through credits against traffic impact fees payable from development in the Holly Seacliff Project Area, or from the City's Traffic Impact Fee Fund. PLC Land Company has completed street, traffic signal, median and parkway landscaping improvements on Edwards Street between Ellis Avenue and Inlet Drive. PLC Land Company's verified actual costs for these improvements are $2,595,250.84. Of this amount, $2,006,809.59 has been reimbursed through traffic impact fee credits. As of June 30, 2000, a balance of$588,441.25 is owed to PLC Land Company. The above-described agreements provide that the balance of any amounts due to PLC Land Company is subject to an annual adjustment (interest) based on changes in the Engineering News Record construction cost index. PLC Land Company has no additional developments planned within the Holly Seacliff Project Area in the next year,therefore reimbursement through additional traffic impact fee credits is not expected in the near future. PLC Land Company has begun design work for improvements to the north half of Ellis Avenue between Edwards and Goldenwest Streets, and construction is expected to begin by the end of this year. These costs will also be 100 percent reimbursable. For these reasons, and to avoid additional interest payments, City staff, in a report and attachments to the City Council dated August 21, 2000, recommended payment of the current balance of$588,441.15 to PLC Land Company at this time. Per City Council action adopted March 1988, a new appropriation must meet one of the following three criteria: (1) it is an unanticipated emergency; (2) it is required to implement labor negotiations; or(3) it is a new expense that is offset by related new revenues. This request is an unanticipated emergency as the dollar amount or project completion dates cannot be budgeted. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 00reso/ple fee18/16/00 1 Res. No. 2000-83 The City's Director of Administrative Services is hereby authorized to appropriate the sum of$588,441.25 from the Traffic Impact Fee Fund and to pay said sum to PLC Land Company for the purpose of reimbursing PLC Land Company for its actual costs of construction of street improvements on Edwards Street. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of August 2000. kQw 4RU Mol ATTEST: ayor 'rem City Clerk APPROVED AS TO FORM: REVIEWED AND APPROVED: City,Attorney ��., f� *ROVED: City Adnv6istrator7 Director of Public Works 00reso/plc fee/8/16/00 2 Res. No. 2000-83 STATE OF CALIFORNIA ) COUNTY OF ORANGE } ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 29st day of August, 2000 by the following vote: AYES: Julien, Sullivan, Harman, Green, Dettloff, Bauer NOES: None ABSENT: Garofalo ABSTAIN: None -OW-.—0dW--4&I City Clerk and ex-officio C rk of the City Council of the City of Huntington Beach, California