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Home My WebLink About03/07/1989, C-5 - AMENDMENT TO CHAPTERS 13.04, 13.08 AND 16.44 OF THE MUNICIPAL CODE RELATING TO SEWER AND WATER MAIN yp MEETING DATE ��►►��N��I��I��I j�� City Of San IDIS OBISPO March 7. 1989 COUNCIL AGENDA REPORT "NUM FROM: David F. Romero — - Wayne A. Peterson, ..- Public Works Director _ City Engineer SUBJECT: Amendment to Chapters 13.04, 13.08 and 16.44 of the Municipal Code Relating to Sewer and Water Main Extensions and Reimbursements for Installation of Public Facilities for Other Develoeprs. RECOMMENDATION: Give Final Passage to Ordinance No. 1133 (1989 Series) Amending Municipal Code Sections 13.04, 13.08 and 16.44. BACKGROUND: The City Council at its meeting of February 21 , 1989 passed to print the attached ordinance. The City Council had requested staff to look into the possibility of providing the means for a builder of street improvements to be reimbursed for costs which directly benefit abutting property owned by others. This ordinance provides for that by recodifying portions of the code that formerly had been used to provide only for reimbursement to developers who had installed water and sewer mains.. The reason for the changes proposed is primarily to provide general reimbursement sections for ease of reference. FISCAL IMPACT: The portions of the ordinance rechaptering the reimbursement provisions will result in no additional expense to the City. Repealing the provisions of the Code that allow a developer to request the City to design, and contract for a utility main extention may save the City money cnd prevent city staff from being interrupted to do non-city contract plans. Based on the fact that no requests for this service have been received in many years no savings or expense is expected. RECOMMENDATION: Give Final Passage to Ordinance No. 1133 (1989 Series) Amending Municipal Code Sections 13.04, 13.08 and 16.44. wap6/fin-13-04 by Attachment - Ordinance No. 1133 ORDINANCE NO. 1133 (1989 SERIES) • AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REPEALING SECTIONS 13.04. 100, 13.04. 110, 13.08.040 THRU 13.08.080 AND ADDING NEW SECTIONS 13.04. 100 AND 13.08.040 AND AMENDING SECTION 16.44.090 AND ADDING SECTION 16.44.091 OF THE SAN LUIS OBISPO MUNICIPAL CODE RELATING TO METHODS OF EXTENDING WATER AND SEWER MAINS AS REQUIRED BY DEVELOPMENT AND PROVIDING A WAY TO REIMBURSE DEVELOPERS FOR CONSTRUCTION THAT BENEFITS OTHERS. BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1 . Sections 13.04. 100 and 13.04. 110 of the Son Luis Obispo Municipal Code are hereby repealed. SECTION 2. Section 13.04.100 is hereby added to the San Luis Obispo Municipal Code as follows: 13.04. 100 Main Extensions Water mains may be extended by developers or other interested parties that would benefit by their extension providing the improvements are designed to current city standards and policy and are approved by the Director of Public Works and the Director of Utilities. The owner or developer who installs improvements which abut property other than that being developed or in a greater size or capacity than that required for the development of the property under consideration, may be reimbursed as provided in Section 16.44.091 of this Municipal Code. SECTION 3. Sections 13.08.040, 13.08..050. 13.08.060. 13. 08.070, and 13. 08.080 of the San Luis Obispo Municipal Code are hereby repealed. SECTION 4. Section 13.08,.04 is hereby added to the San Luis Obispo Municipal Code as follows: 13. 08.040 Main Extensions to customers other than subdivisions--Terms and Conditions n �..' Sewer mains may be extended by developers or other interested parties that would benefit by their extension at their cost providing the Ordinance No. 1133 ( 1989 Series) Page Two. improvements are designed to current city standards and policy and are J approved by the Director of Public Works and Director of Utilities. The owner or developer who installs improvements which abut property other than that being developed. or in a greater size or capacity than that required for the development of the property under consideration, may be reimbursed as provided in Section 16.44.090 of this Municipal Code. SECTION 5. Section 16.44.090 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 16.44.090 Oversized improvements reimbursements As a condition of approval of a development project, it may be required that improvements (including streets) be of a supplemental size, capacity or number for the benefit of property not within the subdivision, and that the improvement be dedicated to the public. If such condition is ^ imposed, provision for reimbursement to the subdivider may be allowed in accordance with Section 16.44.091 of this code. SECTION 6. Section 16.44.091 is hereby added to of the San Luis Obispo Municipal Code to read as follows: 16.44.091 Reimbursement _ A. Eligibility Whenever improvements are required to be installed adjacent to property other than that being developed or in greater size or capacity than that required for the development of the property under consideration, the developer of the improvements may be eligible for reimbursement if the following conditions are satisfied: 1 . The city and Developer agree that the improvements significantly benefit and serve property that is not within the i subdivision or site development area: C�-S -3 i ordinance No.1133 ( 1989 Series) Page Three. 2. The city and Developer enter into a reimbursement agreement in a form approved by the City Attorney; 3. The Developer submits evidence of the actual costs of the improvements described in the reimbursement agreement. (a) Evidence shall be provided in the form of receipted bills, cancelled checks, or contracts. (b) Evidence shall be submitted within 60 days of the city's acceptance of the improvements. Failure to timely submit evidence shall void the reimbursement agreement. B. Conditions for Reimbursement Payments Whenever property develops where: 1 . Improvements have been installed by the developer of an adjoining or nearby property; and 2. The improvements, directly benefit the property currently being developed; and 3. An agreement for reimbursement hos been entered into by the city and developer who installed these improvements; and 4. Not more than 15 years have elapsed since the execution of the reimbursement agreement; and 5. The original developer has submitted satisfactory documentation; the City will attempt to collect from the benefitting party, prior to the issuance of development permits, a prorated share of the documented cost of improvements described in the reimbursement agreement. Reimbursement will be in accordance with Sections 66485 et. seq. of the Subdivision Map Act as amended from time to time. C� Ordinance No. 1133 ( 1989 Series) Page Four. C. Payment of Reimbursement O When prorated shares of the cost of improvements are collected from the developers of new projects, the money collected shall be paid in accordance with the terms of the agreement. The City shall not be required to reimburse more money than it actually collects. Reimbursements shall be made only when the city collects money from the developers of new projects notwithstanding any provision of any law, this code or the reimbursement agreement. Failure or error by the City resulting in funds not being collected will not subject the City to any liability, obligation or debt being owed the original developer. SECTION 7. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram-Tribune, a fl newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. SECTION 8. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least five (5) days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in Ordinance No. 1133 (1989 Series) Page Five. Othe office of the City Clerk. on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of Son Luis Obispo at a meeting held on the 21st day of February 1989, on motion of Councilmember Settle seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Dunin NOES: None ABSENT: None YOR Ron u in ATTEST: r O /161� V CITY LERK Pam Vo e I4 if iF if M M APPROVED: City A mi-nistrative Officer Public Works Director City At#,o ey C ty E ineer Director Utilities Director O