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Date: June 18, 2019
TO: Mayor and Council
FROM: Daryl Grigsby, Public Works Director
Prepared By: Jake Hudson, Interim Deputy Public Works Director
VIA: Derek Johnson, City Manager ��
SUBJECT: Item#4-Avila Ranch Private Reimbursement Agreement—Ferris Correspondence
The Council recently received a letter from Mr. Ferris contesting Avila Ranch's eligibility for a
reimbursement agreement and the finding that the infrastructure to be installed by Avila Ranch benefits his
property at 4080 Horizon Lane. The purpose of this memo to clarify the eligibility requirements as adopted
in the City Municipal Code and benefits of the infrastructure.
ELIGIBILITY
Mr. Ferris states that under Municipal 16.20.110 "condition 1"because 4080 Horizon Lane is not adjacent
to Avila Ranch, Avila Ranch is not eligible for a reimbursement agreement. Mr. Ferris also states that
"condition #2" because improvements are not of greater size and capacity than already required, Avila
Ranch is not eligible for a reimbursement agreement.
This appears to be a misreading of the Municipal Code perceiving that Avila needs to be adjacent to 4080
Horizon as opposed to the infrastructure they are installing. The actual language for eligibility under the
municipal code is as follows:
16.20.110 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 is required for the development of the
property under consideration...
The five infrastructure improvements contemplated under this agreement are adjacent to property other than
that being developed, therefore Avila is eligible for reimbursement if Council adopts the agreement and
Avila provides necessary documentation of expenses.
BENEFITS
Mr. Ferris suggests that completing the planned roadways sections on Horizon Lane including curb, gutter,
& sidewalk at this time is not a benefit to 4080 Horizon. The following conditions were used to identify
benefitted properties for the purposes of this reimbursement agreement.
a) The improvements installed by Avila would otherwise be the full responsibility of the property
when it developed under Municipal Code Section 16.20.020, such as fronting curb, gutter, and
sidewalk.
b) Trip generation from development of the property would trigger the same improvements if not first
constructed by Avila, through mitigation measures and/or conditions of approval.
c) Improvements installed by Avila also serve the primary access routes to the property, such as gaps
in sidewalks.