Res 86-007RESOLUTION NO. 86-007
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
ESTABLISHING THE IN-LIEU FEES FOR
PARKLAND DEDICATION FOR CALENDAR YEAR 1986
WHEREAS, Chapter 16.38 of the Poway Municipal Code requires the
payment of park fees in-lieu of dedication of parkland; and
WHEREAS, that Chapter requires the annual establishment of
estimates for current population, total estimated costs of parkland
development, and average population per dwelling unit by the City
Council for each calendar year;
NOW, THEREFORE, BE IT RESOLVED that the following values and
fees are hereby established:
1. 38,059 = current estimated population.
$7,140,478 = total estimated costs for development of parkland
including improvements owned by the Poway Unified School
District.
3. Average population per dwelling unit:
a. 3.32 = average population per single family dwelling unit.
b. 2.14 = average population per multiple family dwelling
unit.
c. 2.24 = average population per mobile home within mobile
home parks.
4. The parkland in-lieu fees resulting from a development that has
not paid school fees shall be:
$2,219 per unit for single family residences (attached and
detached).
$1,232 per unit for multiple family residences.
$1,305 per unit for mobile homes in mobile home parks.
The amount of the school fees paid may be credited to the
amount of the parkland dedication fee, but the minimum parkland
dedication fees to be paid for development shall be:
$798 per unit for single family residences (attached and detached).
$443 per unit for multiple family residences.
$469 per unit for mobile homes in mobile home parks.
EXHIBIT "A"
PAGUAY REDEV":~OPMENT PRfl/ECT
POWAY, CALIFORNIA
FOR THE
CONSTRUCTION OF PUBLIC IMPROV~4~%~US
THIS AG~ is entered into this __ day of , 1985,
by and between the REDEVRrOPMENT ~ OF THE CITY OF POWAY (a public body,
corporate and politic, hereinafter referred to as the "Agency") and the CITY OF
POWAY, CALIFORNIA (a municipal corporation, bereiDafter referred to as the
"City"), with reference to the following:
A. The City of Poway will undertake the ins~]lation of a noise atte-
nuation wall, curbs, gutters, sidewalks, strut lights, and landscaping along
the east side of Pcmerado Road between McFeron Road and Tassel Road.
B. The improvements to be installed on Pcmerado Road are all within the
Paguay Redevelopment Project and the installation of the aforesaid improv~nents
are necessary for the execution of the Project under the provisions of the
California C~L~nity Redevelolanent law (Health and Safety Code, Section 33000
et. seq. ) and pursuant to the Redevelopment Plan for the Project, which
Redevelopment Plan was adopted on December 13, 1983, by Ordinance No. 117 of the
City Council; and
C. The Agency desires to reimburse and pay the city for the cost of the
construction work of these /mprovements.
D. The Agency and the City Council have determined that these /mprovements
are of benefit to the project.
E. The Agency, by this Agreement, is agreeing to reimburse the City for
the installation of a noise attenuation wall, curbs, gutters, sidewalks, street
lights, and landscaping along Pcmerado Road between McFeron Road and Tassel
Road.
NOW, TB~F~FORE, the Agency and the City mutually agree as follows:
I. (Section 100 ) SCOPE OF SERVICW9_
A. (Section 101) Public Improve~_nt Work
The City shall cause to be designed and constructed and installed the
following public improvements in a satisfactory and proper manner pur-
suant to plans and specifications to be prepared by the City:
The construction of an 6-foot ornamental msonry sound attenuation
wall along the east side of Pcmerado Road from McFeron Road to
Tassel Road and the placement of concrete curbs, gutters,
sidewalks, street lights, and landscaping in this area.
B. (Section 102) Right of Way ~quisition
Right of way acquisition is not anticipated and not a part of this
agreement.
II. (Section 200) TIME OF PERFORMANCE
Tho services required purs,,ant to section 101 through 102 shall c~,~nce
upon execution of this Agreement by the City and shall ho diligently prose-
cured by the City.
III. (Section 300) RE]/~BURS~BY~TOCITY
A. (Section 301) Payment
Tho Agency shall pay to the City as reimbursement for the costs for the
aforesaid improv~nents, a total of Three Hundred Thousand Dollars
($300,000).
B. (Section 302) Method and Time of Payment
Tho Agency shall, in its discretion consistent with the proper imple-
mentation of the Redevelopment Plan, pay the City the total ~nount set
forth in Section 301 in periodic installments frcm any funds which my
then ho legally available to the Agency therefor, including, but not
limited to, tax incr~nt payments and proceeds fr(xa the sale of bonds.
IV. (Section 400) SUBORDINATION OF INDEBTEDNESS
Tho indebtedness of the Agency to the city created by this Agreement is
subordinate to any pledge of tax increments to the bond holders of any tax
increment bonds which are or may ho issued by the Agency.
V. (Section 500) LIABILITY AND INDemNIFICATION
In contemplation of the provisions of Section 895.2 of the Government Code
of the State of California imposing certain tort liability jointly upon
pubic entities solely by reason of such entities being parties to an
agrc~a~nt as defined by Section 895 of said Code, the parties hereto, as
bet~cn themselves, pursuant to the authorization contained in Section 895.4
and 895.6 of said Code, will each assume the full liability imposed upon it
or any of its officers, agency, or ~loyees by law for injury caused by
negligent or wrongful act or emission occurring in the performance of this
Agrc~--'~ent to the same extent that such liability w~uld be imposed in the
absence of Section 895.2 of said Code. To achieve the above-stated purpose
each party indsmnifies and holds harmless the other party for any loss,
costs or expense that my be imposed upon such other party solely by virtue
of said Section 895.2. The provisions of Section 2778 of the California
Civil Code are made a part hereof as if fully set forth herein.
IN WITNESS Wl~ad~OF, the Agency and the City have executed this Agreement as
of the date first set forth herein~ove.
CITY OF POWAY (CITY)
ATI~ST:
Carl R. Kruse, Mayor
Marjorie K. Wahlsten, City Clerk
APPROVED AS TO FORM:
Stephen M. Eckis, City Attorney
REDEVELOPM~N~C Dfa~Y OF THE
CITY OF POWAY (AGENCY)
A~ST:
James L. Bowersox, Executive Director
Marjorie K. Wahlsten, Secretary
Resolution No. 86-007
Page 2
APPROVED and ADOPTED by the City Council of the City of Poway,
State of California, this 21 day of ~nuary, 1986.~/~.
Carl R. Kruse, Mayor
ATTEST:
Marjorie K. Wahlsten, City Clerk