Item 7 - Golden Sunset Lane Sewer Reimbursement AgreementAGENDA REPORT F
CITY OF POWAY
TO: Honorable Mayor and Members of the City Council
FROM-: James L. Bowersox, City Man
}
INITIATED BY Alan D Archibald, Director, of Public Services
Alan F. Schuler, Senior Civil Engineerkg:
t,
DATES July 8 1986
SUBJECT: Golden Sunset Lane Sewer Reimbursement Agreement
ABSTRACT
This is a request by Rafael and Anna Aguilo for reimbursement
of some costs of installation of a public sewer main. This
reimbursement would be paid by benefiting property owners;
when they connect to this sewer main pursuant to Ordinance
No. 158.
BACKGROUND
�
M1
The Aguilos intend to build a home on an existing ,parcel on
Golden Sunset Lane approximately 800 feet from Espola Road.
They 'wish to connect this home to the public sewer main in
Espola Road. Staff does not feel that it would be appropriate
to install a sewer lateral over that distance and have required'
the extension of a public sewer main to their easterly property
line.
There are three intervening.properties along Golden Sunset Lane
which would derive benefit from ` this sewer main if they were to.
develop. In accordance with Ordinance No. 158, adopted by the
City Council on February 26, 1985, the Aguilo's engineer has
t Agreement No. 86-01
prepared Reimbursemen(Attachment 1).
This agreement analyzes the cost of the construction and the
potential benefit to each property involved.
ACTION
i
JUL 1986 ITEM 7
i
i of 19
AGENDA REPORT July 81 1986
Golden Sunset Lane Sewer Reimbursement Agreement
Page 2
The two properties adjacenttoEspola Road receive no benefit
since they already front the sewer main in Espola Road. The
four remaining properties, all undeveloped, were assessed
benefit on an average percentage of frontage and acreage.
No consideration was given to the possibility of future changes
to the development potential of the properties. The reimbursement
amounts range from $9,436.55 to $17,438.16 and include the
Aguilo's property.
The improvement plans for the construction are complete and a
public easement has been acquired. Construction is scheduled
to begin upon approval of this reimbursement agreement.
RECOMMENDATION
It is recommended that the City Council approve Reimbursement,`
Agreement No. 86-01 and direct its recordation with the County
Recorder.
JLB:ADA AFS mh
Attachments:
1. Reimbursement Agreement No 86-01
2 of 19
JUL 1986 ITEM
ATTACHMENT 1
3 of 19
CIVIL ENGINEERING
1535 S. Escondido Blvd.
Escondido,
Escondido,. CA 92025
(619)741--0533
LAND DEVELOPMENT
Surveying Perc Tests -:Lot Splits
Grading Plans. & Compaction Tests
RAFAEL AGUILLO REIMBURSEMENT DISTRICT<
REIMBURSEMENT AGREEMENT 86-01
(Golden Sunset Trail)
ENGINEERS REPORT
April 24, 1986
JUL 8 1986 ITEM 7
LAND SURVEYING
INDEX
A.
Index,
B.
Report Brief
I .
Plans and _Specifications
II.
Engineering and Construction. Cost Estimates
IIZ.
Reimbursement District Diagram
IV.
Description of work t
Re imbursement'Spread Criteria
Ve
Reimbursement spread of estimated
f
improvement cost
F tZ.
Reimbursement District Owner List
DTII.
E
Ordinance No. 158
4 of 19
f
A
JUL
L�
81986 ITE}
Rafael Aguillo
Reimbursement Agreement
(Golden Sunset Trail)
City of Poway
San Diego County, California
Pursuant to the provisions of Ordinance No. 158 and Chapter 13.24
of Title 13 of the Poway Municipal Code, and in accordance with
the order of the City Council of the City of Poway, we submit
herewith the following report containing all of the information
required by Ordinance No. 158 of the City of Poway.
This report consisting of five parts, is as follows
PART I
The plans and ` specifications for the proposed improvement , filed
herewith and made a part hereof.
PART 11
The itemized estimated cost of the proposed improvements, includ-
ing the design and right of way acquisition costs.
PART III
A reimbursement diagram showing the reimbursementdistrict and
the boundaries and dimensions of the respective properties within
said district as the same existed at this time.
PART IV
A description of the reimbursement cost spread criteria and benefit
anddescription of work.
PART V
The proposed apportionment of the total amount of the cost and
expenses of the proposed improvements, in proportion to the estima-
ted benefits to each property.
5 of 19
(B).
H.L. LAND DEVELOPMENT
Herald R. Lantis
RCE 33220
ENGINEERS ESTIMATE
Rafael Aguillo 'Reimbursement
District
f,
(Golden Sunset Trail)
Item
Estimated
Item Description
Unit Cost
Total Cost
Quantity
& Unit
934 LF.
8'"V.C.P. Sewer Main
$30.00/L.F,
$28,020.00
2.
4 ea..
Sewer Manholes
1800.00/ea
7,200.00
3
20 L.F.
6".AC Berm
6.50/L.F.
130.00
-Subtotal
$35x350..00
-
10%. Cont.
3F535.00
TOTAL
$38,885-.00
Design
Engineering
$ 3,200.00-
240..00'Soils
Soils-
Engineering
800.00
j Construction Surveying
720-.00
20.00
Construction. Soils
Work
2,500.00
Subtotal
$ 7,220.00
f
10% Cont.
722.00
f
TOTAL
$ 7942:.00
GRAND TOTAL
$46,82.7.00
e
6 of 19
JUL 8 1986 ITEM f
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Description of Wort
Reimbursement Criteria
i
Rafael Aguilo Reimbursement District
f (Golden Sunset Trail)
q,
f
City_of' Poway
Descriction of work This reimbursement` district consists of
undeveloped acreage.: Although. much of . the acreage- has no
sewer-sereice,. some parcels are potentially able to develop
ut: i l.i z i ng septic systems. The proposed sewer facilities-
acilit.iesconsist
consistof'extending the existing sewer pipe line system 934
feet and the construction of 4. sewer manholes. The reim-
bursement district cont a i.ns 14.18 Acres.
Acquisition of Land The land to be acquiredunder this pro-
ceed'ing is necessary for the construction of the project and
consists of easements and an existing Offer of. Dedication.
The sewer pipeline will be constructed in existing City right,
of way, accepted offer of ' dedacat iota or easements.
T ,
Reimbursement Criteria All parcels within the reimbursement
district shall be assigned a proportionate percentage of the
total i mprovement costs based on an average percentage of
frontage and acreage. Frontage and acreage percentages shall
be calculated using only the frontage and acreage of the
parcels I in, the reimbursement distrci.t. possible property
= development is not considered in the reimbursement criteria
but i,s offset with the use of the acreage percentageo
i
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d
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8 of 19 JUL 8 1986 1 E `
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a
ORDINANCE NO 158'
x
AN ORDINANCE OF THE CITY OF POf+91AY, CALIFORNIA.
` ESTABLISHING CHAPTER 13.24 OF 'TITLE 13' CF
THE POWAY MUNICIPAL CODE
ESTABLISHING REIMBURSEMENT PROCEDURES FOR PERMANENrIMPRUM ENrs
h
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN THAT there is added to the
Pbray Municipal code Chapter 13.24 as follows
Section 13.24.010: Policy
� the
City Council does hereby find and determine that where property owner -(s)
desire or are required to extend or develop permanent improvements that benefit
Other properties not participating in, the cost of the improvements, the owner (s)
may be eligible to enter .into a' reimbursement agreement. as provided in this
Chapter-. This Chapter shall not be applicable to mandatory reimbursement for,
improvements of supplemental size, capacity, number or length as required by
Governwnt Code Section 664.86,
Section 13.24.020: Definitions
A. Administrative Cost means expenses and services provided by the City
in the management of the reimbursement agreements
B.
Agreement - means an agreement to reimburse property owner(s) for deve-
lopment or extension of permanent improvements that benefit other proper-
ties.
C. Benefit Area - means the area of benefit approved by the City Engineer
that would be assessed for the cost. of the permanent improvement.
D.
City means the City of Powaay.
E. Council means the Mayor and City Council of the City of•Poway.
F- g• _ e reimbursement. re En rneery inkReport the Port prepared by a Mate.
licensed Civil Engineer outlining the benefited area and proposed reimburse-
ment payments.
G. Estimated Construction Cost means the estimated, cost of construction
as outlined in the engineering report and approved by the City Engineer.
H. Public Improvements - means City drainage, sewer and Water systems and
public and private streets constructed to City standards,
I . Reimbursement Payment - means the payment" to the property owner,(s) who
paid for the initial construction of the_ permanent improvement.
J. Trust 'Fund - an account established for the deposit of the reimbursement
funds dui ng the life of the reimbursement agreement.
11 of 19
JUL 8 1986 1 1 L
r
�� C
i
Ordinance: No. 158
Page
Section 13.24.030: Pre -Construction Requirements
The owner(s) shall provide to the City Engineer a conpleted reimbursement
agreement. The: completed agreement shall be submitted at the same time as the
standard agreement and bonding for the construction of the permanent improve
ments along with a deposit to cover the. estimated City administrative costs to
review,; process and approve the agreement.
. 5
Section 13.24.040: Form and. Content of Agreement
The form and content of the reimbursement agreement shall be prepared tcy the r
satisfactionof the City Engineer and City Attorney. The agreement .must be pre-
pared. with the assistance of a State of California licensed civil. engineer and
contain the following:
A. A legal. description of all benefiting properties including the owners
property.
Be A detailed plat drawn at. an engineering scale on legal size s'
� ' p
papershowangthe precise locations'. of all improvements and complete 1
dimensions: Uncluding frontage) of all benefiting property,
C. A reimbursement, schedule to include.a list of all benefiting properties
with current- Tax Assessor's parcel number, owner's name, property's
street address, acreage- of benefiting parcels and a benefit charge. t
The amount of the benefit charge assigned to each. benefiting parcel
shall be subject to the approval of the City Council. The benefit
charge assigned' to'each`parcel shall bear a reasonable relationship to
the benefit conferred upon that parcel by the improvements and. shall
bear interest at the rate of five percent t5%2 per, annum, compounded
annually.
D. A. detailed estimated cost of the design and construction of the per-
manent improvement.
E. Terms, conditions, and covenants of reimbursement and a trust agreement
consistent with the requirements of this Chapter.
Section 13.24.050: Notice and Hearing
Upon receipt of the agreement proposed by the owner(s),, the same shall: be
referred to the City Engineer, together with a preliminary estimate of the total,
cost of such improvements. Upon receipt of the application, the City Engineer
will review and recommend approval, disapproval,. or modification thereof. The
proposed area of benefit shall include all parcels of land, or parts thereof,
within the City, which may 'be. conveniently served by the proposed improvement
12 of 19 JUL 8 1986 t ENI 7
s
Ordinance No. 158 u
Page 3
extension or development. Not less than ten (10) days prior to the hearing the
City Clerk shall, notify the ownei, or owners, of the land within the: benefitted
area, of a public hearing to be conducted by the City Council of the City, of
Poway on the question of the feasibility and the necessity for the construction
of the subject improvements, and the approval, conditional approval, or denial
of the reimbursement agreement The property owner shall provide address labels
for all _affected properties. and shall pay ail fees necessary for notice of the
hearing at which the repayment.agreement is considered.
Section 13.24..060: Decision of City Council
After the hearing provided above, the City Council shall determine in. its sole
judgement and discretion whether or not the construction of said .improvements
would in
best
lCity ad rhproposed
l�t9reementshall bea Proved tcondtionallyiPProvedv odenied. n any case
City Council will have the final. determination as to the account to be reimbursed
x,
through each agreement and the allocation thereof amongst the benefiting
z
parcels
Section 13.24.,070.- Payment for Reimbursement
The approved Agreement shall provide: that the City of. Pa4ay -shall agree for a
period of. ten (10) years from the slate of the agreement, to reimburse to
applicant the following sums
A. The amount received by the.City as a benefit charge, if any, which is
collected by the City from owners of benefiting parcels for the privi-
lege of using such improvements, less the administrative cost- set forth
in 13.24.080. The benefit charge for a parcel shall be collected by
the City as a condition of approval of any development of the benefited
parcel, provided that imposition of such condition shall. be reasonably
related to such development.
B. The benefit charge for each parcel of land within the benefitted area
will be determined based upon the engineer's report prepared by the.
applicant engineer using standard assessment district formulas, as that
report may be approved by the City Council.
n
C. The City Council retains the right to determine, in its sole discre-
tion, both the total cost of the permanent iWrovement as well as the
fixing of the benefit charge for each parcel. .
b
D Applicant shall be entitled to receive the reimbursement provided ,in
this section for the period of time herein specified, or until all
payments as specified in the reimbursement agreement shall have. been
repaid to applicant, whichever occurs first. Following full reimbur
cement to applicant as provided herein, or upon autcmatic termination
of the agreement at the end of ten (10) years from its date, applicant
shall be entitled to no further reimbursements arising out of benefit
Y charges which might be charged by the City, and all payments thereafter
accruing shall be and become the property of the City.
13 of lg JUL. u 1986 ; 1 L X11 7
I -
V, " ^0,
S
ordinance No. 158
Page 4
E. All reimbursement finds shall be deposited to a, trust fund in a local
institutional depository. The right of the applicant to payment
be assignable
therefrom shall be personal and shall not run- with or
with, the lands owned by the applicant.
F. Payments shall be made at such times as are convenient to the City, but
Y
in no event, less often than annually if the City has received any
benefit charges
G. Pa nt to the applicant small include the interest collected from a
Y
- benefited gamer assessed against the benefit charge at a rate of five
percent (5%) compoundedper year.
Section 13.24.080:
Administrative Cost
administrative charge of five percent (5%) shall be assessed on all reimbur
An the ,Cit .
sements to cover administrative cost incurred by Y
Section 13.24.090:- Information
The property ownerts) applying for reimbursement shall be solely responsible for
Th P per Y Any errors or
all:` information needed to process the reimbursement agreement.
inaccuracies may constitute grounds for the denial of the owner's application.
Y .
Section 13.24.110: Recordation of Agreement
This a reement. will be recorded with the County Recorder following full execu
g ties.
tion of the agreement by all par
Section 13.24.120: Severability
if an section, subsection, sentence, clause, or phrase of this chapter is for
any reason held to be invalid or unconstitutional, such decision shall not
affect the validity of the remaining portions.. The City Council of the City of
powaY hereby declares that it would have passedthis chapter and each section
subsection, clause, and phrase thereof, irrespective of the: fact that any one o
more sections, subsections, sentences, clauses or phrases be declared invalidor
unconstitutional, and would have passed and adopted the same even though y
its sections, subsections, sentences, clauses, or phrases that may be held`
invalid had been Witted therefrom.
This ordinance shall take effect and be in force thirty (30) days after the date
of . its passage, and before the expiration of fifteen ( 15 ) days after its
passage, it shall be published once with the. names and members voting for and
gal st/the same in the Poway News Chieftain, a newspaper of general circulation
published in the City of Poway.
14 of 19
JUL 8 1988 11 E IV!
-
_... <. .ter. ».-<...-...,.
. it
,.
Ordinance go. 158
Page 5
Introduced and first read at
a regular meetingof the City Council- of the:.
City-of ofPoway held the 19th day
of February, 1985, and thereafter: PASSED` AND
ADOPTED at a regular meeting of said
City Council held the 26th day of February,
- 1985, by the following roll.call votes
AYES: COUNC
RRUSE, ORAVBC, SHFPARDSONr TARZY, EMERY
NOES: COUNCit1 RF as;NONE
A®SEtgr: COUNC s
NONE
Robert C. Emery, Mayor
nla4qA41
Marjor3 , R. Wahsten, City Clerk
15 of 19
tt 1986 1 E
I
Recording Requested By )
City of Poway )
When Recorded Mail To: }
'City Clerk }
City _ of Poway )
P.O. Box 789
Poway, CA 92064
AGREEMENT FORREIMBURSEMENT
OF COSTS OF PERMANENT PUBLIC IMPROVEMENTS
(POWAY MUNICIPAL CODE CHAPTER 13.24)
This Agreement is entered into this day of ,
198 by and between Rafael Aguilo And Ana: ar-�a guy o
a(a) married., husbanU anwife hereinafter
referred to as "Owner" and the City of Poway, a municipal corpora-
tion, hereinafter referred to as "City," for the reimbursement of
costs expended by Owner for the installation of permanent public
improvements. The: parties hereto agree as follows: _
Section I. Authority
The City is authorized by its general police powers and by
statutory and case law to require Owner to install those certain
permanent improvements hereinafter described as a. condition of f'
approval of sewer main extension on Golden Sunset Trail
between Espol.a and Crocker- Roads
Plan # 801-04-175
which improvements benefit those properties hereinafter described
as "benefiting properties" ' not participating in the cost _ thereof.
The City is authorized to provide a method for partial reimburse-
ment for the costs of such improvements from such nonparticipating
property owners in accordance with Chapter 13.24 of the Poway
Municipal Code Upon full execution and recordation hereof, this
Agreement shall provide the sole method of reimbursement through
the City, to Owner for a portion of the cost of said improvements.
The City shall have no payment or reimbursement obligation to Owner
for -the cost of said improvements, except as specifically provided
herein.
Section II. Definition of Terms
The terms used in this Agreement shall be defined as set -forth
in Section 13.24.02 of the Poway Municipal Code.
Section III. Description of Properties Affected
The real properties affected by this Agreement shall, be the
16 of 19 Jul- &9s6 IT E D11 7
V
property Owner legally described in Exhibit 1 attached hereto and
the benefiting properties legally described in Exhibit 2. The
obligation of the owner of each benefiting property' shall become a
lien upon such property for the term hereof, payable only as a
condition of approval of any development of the benefiting pro-
perty,,
ro-perty, provided that the imposition of such condition shall be a
reasonably related to such development. Such. obligation shall be a
lien upon and run with the land and shall be binding upon the
subsequent owners of the benefiting property during the ',team here-
of.
Section IV. Description of Improvements
The precise locations of all improvements subject to reim-
bursement and the complete dimensions (including frontage), of all
benefiting properties are set forth in Exhibit 3 attached hereto.
Section V. Reimbursement Schedule
The Reimbursement Schedule in the form required by Poway
Municipal Code Sec 13.24..040c, as approved by the City Council of
the City of Poway after public hearing, is attached' hereto as
Exhibit 4 All references in this Agreement tO reimbursement or to {
a reimbursement schedule shall mean reimbursement in accordance
with the terms of this Agreement and Exhibit 4.
Section VI. Term
p
The term of this Agreement and all obligations and liens
created hereby shall be ten (10) years from the -date of this Agree-
ment as set forth on the first page hereof. Upon expiration of
said term, Owner shall be entitled to no further reimbursement
pursuant to the terms hereof, owners of benefiting properties shall
be under no obligation to Owner 'pursuant hereto, and any lien
created hereby shall automatically and without any further adminis-
trative or judicial process whatsoever, be null "and void and of no
further force or effect
Section VII. ` Agreement of Payment for Reimbursement
After public hearing as provided in Poway Municipal. Code
1.3.24, and upon execution hereof by City, City agrees during the
term hereof to collect from the owners of the benefiting proper-
ties,, those owners shall pay to the City, and the City shall reim-
burse to Owner those benefit charges set forth in the Reimbursement
Schedule, plus interest of five percent (5%) per year compounded
annually, less the administrative charge provided in Chapter 13.24;
provided, however, the City shall neither collect nor reimburse any
sumwhich is not reasonably related to the development of a bene-
fiting property. The method and obligation to reimburse owner
shall be subject to the terms of 'Chapter 13.24 of the Poway munici-
pal Code, as the same may, from time to time be amended Any
r
17 of 19
2 JUL
s 1986 ITEM t
amendment or repeal of Chapter 13.24 decreasing the entitlement of
Owner herein shall be.binding upon Owner herein immediately upon
the: effective date of such amendment or repeal. owner- agrees that—
this Agreement shall be automatically amended by such repeal or
amendment of Chapter 13.24, effective the effective date of such
repeal or amendment. No amendment of Chapter 13.24 purporting to
increase the liability of a benefiting owner shall be binding upon
a benefiting owner herein or upon the City hereinunder. In the
event of a conflict between the terms hereof and the requirements
of Chapter 13 24, the requirements of Chapter 13.24 shall control
Benefit charges shall be paid, collected, and reimbursed in
accordance with the terms of Section 13.24.070 of the Poway Munic-
pal Code in effect at the time of such payment, subject to the
terms of this Section VII.,
Section VIII Trust Agreement
Promptly upon collection of all or any part of a benefit
charge, the City shall deposit such funds in a local financial
institution in a separate account in the name of the City in trust
for OwnerandCity.:_ Payments from such account by City to Owner
and to City in accordance with the terms of Chapter 13.24 shall be
made at such times as are convenient to the City, but in no event
less often than annually if the City has received payment of any,
benefit charges. Payments to owner shall include interest at the
rate of five percent (5%) per annum from the date of deposit on the ,---
principal portion of such deposit to which Owner is entitled to
payment. City shall be entitled to payment of its administrative"
charges of five percent (5%) of all amounts deposited plus all
interest income on the full amounts deposited except the five
percent (5;%) interest payable to Owner. The right. of Owner to
payments from said trust account shall, be personal and shall not
run with the property of owner, be assignable by Owner, or survive.
{
the death or dissolution` of Owner. In the event of death or dis-
solution of owner, all monies on deposit in said trust account
shall be automatically, immediately, and without notice or adminis-
trative or judicial process payable to City.
'i
Section IX. Hold Harmless 12Z Owner
Owner hereby agrees to indemnify and hold harmless the. City
from any liability whatsoever, based upon any legal theory what-
ever, for any loss or damage direct or consequential, to Owner
resulting from the failure of the City to collect all or any part
of any benefit charge collectible hereunder or resulting from the
failure of the City to pay to Owner in timely manner any trust
funds to which Owner is entitled. Owner specifidally agrees that
it is within the solve discretion of the City to determine that
payment of the entire- benefit charge would not be reasonably
related to the nature and extent of development of a benefiting
property. If in the event of such a determination by City, City
collects less than the full benefit charge at the time of develop ,
MWment, City retains the right to collect the balance of the benefit
r
charge upon further development, and Owner waives and releases City
from any claim it may otherwise have to require City to collect the
full amount of such benefit charge at the time of the first down
payment
Section X. Recordation
Thi si Agreement shall be recorded by the City after full execu-
tion hereof and promptly following acceptance of the subject im-
4'
provements by the City. If for any reason this Agreement is not
recorded, Owner holds City harmless from any loss or damage arising
therefrom
Section. XI. Voidability
In the event than Owner fails or refuses to complete the
subject improvements in timely manner to the satisfaction of the
City in its sole discretion, this Agreement shall be unilaterally
voidable by adoption of a resolution of the City Council declaring
this Agreement null and void for° failure _ of
performance by owner.
Section XII. Governing Law and Venue
This Agreement shall be governed by the Taws of the Stater of
California.
Jurisdiction and venue for any litigation arising
herefrom shall be the County of San Diego, State of California.
Y" Section XIII. Severability _
If any section, subsection, sentence., clause, or phrase of
this Agreement is for any reason held to be invalid or unconst-tu-
tional, such decision shall not affect the validity of the re.
maining portions, The parties agree that they would have entered
into this Agreement and each section, subsection, clause, and -
phrase thereof irrespective of the fact that any one or more sec-
tions, subsections, sentences, clauses or phrases be declared in-
valid or unconstitutional, and would have approved the same even
though any y parts, sections, subsections,, sentences, clauses, or.
phrases that may be held invalid had been omitted therefrom.
i Executed Poway, California, on the date first stated above.
t
REVIEWED ' S FORM & CO ENT OWN
STATE OFF CALIFORNIA I 10
COUNTY or I Os Angeles }SS.
JJJ
On this 31 day o. May , in the year
1986
Y before me. the undersigned. a Notary Public in and for said County and State;
Q pqsonalappearedRafael
Agin%o
personalI% lane %%n to met orproced to moon the basis of satisfacton evidence) to
be the person «hose name is subscribed to this instrument. and acknowledged
that he (she or ther) executed it.
Q
19 of 19 ,
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