Item 5 - Ordinance No. 202 - Second ReadingAGENDA EP Ta
CITY OF PO AY
Honorable Mayor and Members of the City Council
FROM: James L. Bowersox., City
INITIATED BY: Marjorie K. Wahlsten City d k r11a ;
DAME: November 25, 1986 +�
SUBJECT: Ordinance No. 202 Second Reading
BAc:Kaaoarro
On November 18, 1986, the City Council introduced and had the first reading on
Ordinance No.. 202. - "An Ordinance of the City of Poway, California, Adopting
Chapter 15.07 of Title 15 of the Poway Municipal Code Establishing Reimbursement
Procedures for Certain Roadways and Facilities Previously Constructed by the
City of Poway or the Poway Redevelopment ; t Agency . " The following revisions were
made ta the ordinance: wording "or flood control facilities which benefit
properties" was remaved frac' Section 15.07.010; wording "not later than upon
issuance of certificate of occupancy"was added. to Section 15.07.070; new Section
15.07.080 regarding waiver of payment in full was added; and existing 15.70.080
was renumbered to 15.07.090.
FIJI'
It. is in order to have the second reading and adopt this Ordinance.
RWa4MEMAITIal
If the City Council desires to adopt, read title and waive further reading of
Ordinanceby unanimous vote. Pass notion closing public hearing and adopting
troll call vote).
JLB:im1
Attachment:
1) Ordinance
ACTION:
NOV 2 5 1986 ITEM 5
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ORDINANCE NO. 202
} AN ORDINANCE OF THE CITY OF POWAY CALIMMIA
ADOPTING CHAPTER 15.07 OF TITLE 15 OF THE
POWAY M[JN CIPAL CME, ESTABLISH= REnvMURSEMENT
PROC URF.S FOR CERTAIN ROADWAYS AIS
FACILITIES PREVIOUSLY CONSTRUCTED BY THE CITY'
OF 'PCMY OR THE PCMY REDEVEGOPMM A CY
EAS, the: circulation element of the Ccamprehensive Plan of the City of
Poway identifies the prim y major, secondary, and collector arterial roadways,
within the City, the primary purpose of which is to provide excellent access to
abutting properties for their industrial, commercial, and residential benefit;
and
WHEA�ti'1�5, the public facilities element and the flood hazards element of the
Ccuprehensive Plan identify the need for flood control facilities and water and
sewer facilities for the benefit of such industrial, camercial, and residential
�rot�erties; and
UMFI AS, those properties which. abut such, plannedand needed roadways and
water, surer, ∧ flood control- facilities, and develop before the installation
of such facilities, are required at the time of development to dedicate
necessary right--of-way and easements, and to install those facilities which
benefit such property; and
WHAS, those properties which abut such planned and needed roadways and ,
water, sewer,, and flood control facilities, and develop after the installationk
of such facilities at the expense of the City of Pty or the Poway Redevelop-
ment Agency, should be required at the time of develoent to reimburse that
public agency forthey cost of acquisition of easements and right-of-way and the
cost of those facilities which benefit such. property and
Wim, Government Code Section- 66484 does not provide for reimbursement
of the costs of any such roadways including curbs, gutters:, sidewalks, paving,
traffic signals and street lights, and of all such water, sewer, and flood
control facilities, including pipes, channels, and bridges; and
WHEREAS,r Government Crude Section 66484 does not provide for reimbursement
for any such road aYs and facilities at the time of development except through
the subdivision process; and
WMBEAS, the installation of such roadways and facilities which benefit
such private properties, the do -wand for which is generated by such properties,
may be in the best Intterest of the health, safety, and welfare of the public at
a time prior to the ultimate development of such properties in conformance with
the zoning and General Plan designations previously granted such properties; and
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Ordinance No. 202
Page 2
WAS, the general police powers and General Plan powers of the City of
t Poway authorize the City to require reimbursement of the costs of such roadways
and facilities which benefit such properties
NOW r THEM'ORE, THE CITY C0(=IL OF THE CITY OF PCW DOES ORDAIN
t TW
cHApM 15.07 IS ADDED TO THE POWAY MUNICIPAL CODE AS FOLD:
CHA2M 15.07 y
BEIMBUIRS36NT PROCEDURES FOR CERTAIN PPEVIousLY
CONSTRUCTED RQ'YS AND FACILITIES
Section 15.07.010Polia.
The City Council does hereby find and determine that where the City of
Poway, or the PowayRedevelopumt Agency has constructed or caused to be
constructed at its cost and expense street improvements to any arterial roadway
identified on the Camprehensive Plan of the City of Pony or to any water,
sewer, or flood control facilities which benefit properties,
abutting such such improvements , which ° .have not
particip ted in the cost of acquiring the right -of -my and installing such
improvements, the, owners of such properties shall reimburse such PAU agency
in accordance with the terms of thin Chapter. This Chapter shall not apply to
reimbursement, ent as required by Govermment code Section 66484
Section 15.07.020 MEgoveaments Subject to Reimbursement,
"nWrovements subject to reimbursement" shall mean any or all of the
following., types of improvements constructed or caused to' be conn at the
expense of the City of Poway or the Poway Redevelopment Agency which benefit
f
proxies abutting such �rmyewmts which have not participated in the cwt of
installing such improvements.
A. Stmt improvements to any anterial roadway identified as such in the
Carehensive Plan of the City of Poway, including but not limited to
curbs, gutters, sidewalks, paving, traffic signals, street lights, and
any underground water, sewer, or other, utilities within the right -o% -
way of such arterial.
B. water, sewer, and flood control facilities, including but not limited
to pipes, channels and triages abutting any proper -y- which abuts an
arterial. roadway.
C. Public right-of-way and easements acquired for the installation of such
improvements.
11
NOV 2 5 1986 IT E M
{
Ordinance No. 202.
Page 3
Section 15.07.030 Preparation of Reimbursement Plan.
Prior to the carpletion of
improvements subject to reimbursement,, the
Director of Public Services shall prepare a Reimbursement Plan which shall.
x contain the. following.-
A.
ollowingsA. A legal description of all benefiting properties including the owner°s
property,
z
F
B A detailed plat drawn at an engineering scale on legal size paper
showingthe recise locations of all
p improvements and coanplete limen-
sions ( including frontage) of all benefiting property,
C. A reimbursement scheftle to include a list of all: benefiting properties
with current Tax Assessor's parcelnumber, cwnerlt names prosy s
4 street address, acreage of benefiting parcels and at benefit charge.
The amount of the benefit charge assigned to each benefiting parcel
shall be subject: to the approval of the City Council. The benefit
r charge assigned to each parcel shall bear a reasonable relationship to
the befit conferred upon. that parcel by the improvements and shall-
bear
hall bear interest- at the: rate of five percent (5U per annumIr c
annually..
D. A report identifying the burden whichthe development of each Army
in accordance with its zoning and general plan designation will, impose f
upon the publics :facilities to be improved and the extent to which: the �
t of such will contribute to the need for such
development property
improvements,
E. A detailed estimated cost of the design and construction of the per-
manent improvement.
F. A detailed description of the method of benefit charge allocation
Section 15.07.040 Notice of Hearing.
Upon completion of the Reimbursement Plan as drafted by the Director of
Public Services,= review of the Plan shall be sot for public hearing before the
City Council. Notice of the hearing shall be provided by publication in a news-
paper of general circulation within the City and to all persons whose names
appear on the latest adopted tax roll of the County as wing benefiting proper-
ties as follows s
A. The City Clerk shall set the time and place of the public hearing,
B. Notice of the public hearing shall be given not fess than ten (10) days
nor more than thirty (30} days prior to the date of the hearing,
C. The hearing may be continued at the discretion of the City Council,
MOV 2 5 1986 ITEM
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Ordinance No. 202
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Section 15,07.050 Conduct of Hearing
The hearing shall be conducted by the City Council to consider the proposed
benefit charge, the benefit conferred upon each property by the improvements,
{ the burden which the development of each property in accordance with its zoning
{ and general plan designation will inose upon the public facilities to be
unproved and the extent to which the development of such property will contri-
bute to the need for such improvements,impose the fairness of the mete of
benefit charge allocation, and the approval, conditional approval, or denial of
the Reimbursement rsement Plan The hearing may be conducted before or after ' actual
completion of the improvements, as the Ancil may, determine.
Section 15.07.060 Decision of City Council.
At the conclusion of the public hearing, the City Council shall adopt a
resolution approving, conditionally approving or, denying the Reimbursement Plan.
The resolution shall.: attach as an exhibit -thereto a ..copyof the Reimbursement
Plan as adopted pt by the Council and shall set forth the meths of benefit charge
allocation as approved by the Council.
Section 15.07.070 Recording of Resolution and. Payment
The: resolution of the: City Council shall be recorded in the Off ice of the.
f Recorder of San Diego County. The benefit charge shall become a lien upon the
property against which it is allocated and shall bele not later than u n
PaY� _ Sao
issuance of certificate of occu cy as a condition of approval oo development
review for the property, or any portion thereof, to the order of the publio`
agency to be reimbursed, to be deposited in the appropriate street: development,
water', sewer, or drainage fund according to the nature of the improvements for:
which the payment is made
Section 15.07 0080 Waiver of payment in Full
Notwithstanding any other provisions of this Chapter to the cantrary, the
R2M 2e2eve190Mt Agency may waivet f
tray men _ in full of the benef it charge
En finding, that sic wain would smote the 2Lanptkaementation of and
would not, otherwise be inconsistent with, the Redeve]�o nent Plan.
Section 15.07.090 Severabilt
r
Phr � pt
F
If any sect�.on, subsectz.on, sentence,. clause,- or ase of this Cha or is ,
for any reason held to be invalid or unconstitutional such decisionshall not
affect e validity of the remaining portions. The City Council of the City of
Poway hereby declares than it would have passed this Chapter and each section,
subsection, cause, and phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
pias adopted the same even though an
unconst�.tutaonal., and. would have sed. and oug y
i
parts, sections, subsections, sentences, clauses, or phrases that may be held
invalidhad been omitted therefrom.
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NOV 25 1996 ITEC
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Ordinance No 202'
Page 5
EFFECTIVE DATE: 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 publishedonce with. the names and
members voting for andagainst the same in the Poway Neils Chieftain, a newspaper
of general circulation published in the City of Poway..
Introduced andfirst read at a regular meeting of the City Council of the
City of Powayheld. the 18th day of November, 1986, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the day of
1986, by the following roll call vote:
•, :.
l • r •,
•
BSEN • .
Bruce J. Tarzy,: mayor'
Marjorie K. WhIsten, City Clerk.
0/Publicl-5
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21 November 19`86
William T. Holmes
18108 Old Coach Road
Poway, Calif ornia 92064.,.
.r JMq
James L. Bowersox, City Manager .. �.. � ...
City of Poway *I 1$5
13325 Civic Center Drive
Poway, California 92064
xc: Alan D. Archibald, Director of Public Services/City Engineer
Subject: Reimbursement Ordinance for Public Improvements
Install ed by the City
I suggest you strike "abutting such improvements" from the first
paragraph of Section 15.07.20 of ordinance 200 as proposed at the.
18 November- 1986 Poway City _Council Meeting,
Please also strike "permanent" from paragraph E of Section
15.07.030 of said ordinance.
The first change would allow the City of Poway .to be reimbursed by
property owners who do not abut an improvementr but who in. fast
benefit from the. improvement. Reimbursement- could be in inverse
proportion to the distance from the improvement
The second change would addressthe reality that some improvements
may of necessity be temporary, and yet be of significant benefit
to property Owners in its' vicinity. Given enough time, everything
is temporary,
My personal interest in these changes is the fact, that the or=
dinance as changed could' be used by the Old Coach Home Owner's,
Association Road Committee to -induce 100% participation in our
joint road project with the City y. of Poway. Unfortunately, only,
that portion of the cost of the prof ect born by the City would be
reimbursed. The participating property owners would not. be
similarly reimbursed. 1f beverage of the ordinance is 100% su(-
cess f ul, this latter concern would be a. mute point.
, Sincerely,
F
William T. Holmes
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