Res 11-063RESOLUTION NO. 11 -063
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
APPROVING A REIMBURSEMENT AGREEMENT
FOR CERTAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
THE HEIGHTS SUBDIVISION TTM 02 -02
WHEREAS, BBA Partners, LLC, has requested that the City process a
Reimbursement Agreement (Agreement) to recover the cost of certain public
improvements associated with the development of The Heights Subdivision TTM 02 -02;
and
WHEREAS, The Heights Subdivision TTM 02 -02 (the Subdivision) was approved by
the City Council per Resolution No. P -05 -65 on October 25, 2005; and
WHEREAS, the Subdivision was conditioned to construct, among other things,
public water improvements and appurtenances (Public Improvements) to service the
development; and
WHEREAS, said Public Improvements were designed to accommodate more than
the needs of the Subdivision; and
WHEREAS, Resolution No. P- 03 -75, approving a Tentative Tract Map for an
adjacent parcel, requires that the owner and subdivider of that parcel construct similar
public water improvements which, when combined with the Public Improvements, will
greatly exceed the maximum capacity of public water improvements necessary for both
subdivisions, creating costly inefficiencies for the City in ongoing maintenance and repair of
the combined public water improvements, and will result in the loss of potable water
through operations of both systems when excess water in the constructed reservoirs is
released and discharged from the City's water system; and
WHEREAS, the construction of these Public Improvements has afforded the
potential of the adjacent parcel to be much more economically developable, in that there is
now more than one property owner that can share the cost of construction of these
facilities; and
WHEREAS, it is just and fair that the cost of said Public Improvements shall be
borne by all who benefit from it; and
WHEREAS, the sharing of the Public Improvements through a reimbursement
agreement would be in the best interests of the City of Poway in that it would eliminate the
need for duplicative water facilities as required by Resolution No. P- 03 -75, which would
reduce excessive costs and expenses to maintain and repair two water storage and
distribution facilities, and would reduce the waste of excessive potable water stored in two
such facilities, where the demand for water from both subdivisions will be far less than the
anticipated stored water in the combined reservoirs, and public health concerns will require
the discharge of the excessive water from the City's water system in order to maintain the
potable nature of all water in the City's system;
Resolution No. 11 -063
Page 2
NOW, THEREFORE, BE IT RESOLVED bythe City Council of the City of Poway as
follows:
1. That the foregoing recitals are true and correct and are the findings of the
City Council.
2. That the City Council hereby approves the Reimbursement Agreement for
Certain Public Improvements in Conjunction with the Heights Subdivision
TTM 02 -02.
3. That the City Council hereby authorizes the Mayor to execute the
Reimbursement Agreement substantially in the form presented at this
meeting with such changes as the Mayor shall approve.
4. That the City Council directs the City Clerk to record the Reimbursement
Agreement in the office of the San Diego County Recorder.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
State of California, at a regular meeting this 6th day of December 2011.
ATTEST:
Lin a -K,T oyan, MMC, City Clerk
Uon Higginson, Mayor
Resolution No. 11 -063
Page 3
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO)
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -063 was duly adopted by the City
Council at a meeting of said City Council held on the 6th day of December 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
a A. Troyan, MMC, City Clerk
of Poway