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HomeMy WebLinkAbout12/15/1999 - STAFF REPORTS (13) DATE: December 15, 1999 TO: City Council FROM: Building Official via Director of Planning&Building TIME EXTENSION FOR GOLDEN SANDS MOBILE HOME PARK SEWER CONNECTION PROGRAM RECOMMENDATION: It is recommended that the City Council consider a request by the owners of the Golden Sands Mobile Home Park for an extension of the deadline previously established for connection of the mobile home park to the public sewer system. BACKGROUND: On July 17, 1996, the City Council, by Resolution No. 18873, established a program for the connection of the Golden Sands Mobile Home Park, located at 1900 San Rafael Road,to the City sewer system. As required by the resolution, an agreement was executed which set forth a timetable for completion of the sewer connection. Among other things this agreement required that all permits be obtained, a completion and payment bond be posted, and all work be completed within three years. This time period was set to expire on July 17, 1999. On June 16, 1999, by Resolution No. 19540, the City Council extended the deadline for connection of the mobile home park to the City sewer system by an additional 255 calendar days, thereby establishing a new deadline of February 28, 2000. The extension was granted at the request of the owner to allow close of escrow on the sale of the property. The proposed buyer of the mobile home park is considering a number of options, one of which involves combining the park with other properties to form a larger development. In the event that this option is decided upon, Section 4.08.130 of the rent control provisions of the Palm Springs Municipal Code requires an 18 month notice to park tenants before closing the park. The present park owner as well as the prospective buyer have requested a further 24 month extension of the sewer connection deadline to allow these notice requirements to be complied with. Both parties feel that the substantial investment required to complete the sewer connection at this time would be wasted should the park become part of a larger project. �DQWLAS R. EVANS ARY BITTERMAN Director UPlanning &Building Building Official APPROVED l/L. ..c.•�C y Manager nts Attachme_ (: 1. Letter Requesting Time Extension From Park Owner, San Rafael Development Company 2. Letter Requesting Extension from Park Prospective Buyer, Burnett Companies 3. Resolution No. 18873 4. Resolution No. 19540 5. Resolution Granting Time Extension f� RenMgG.Wyw l41H!<t•72s6 IIIA111wie a 01:OAPM Ovt November 30, 1999 Doug Evan* City of Palm Springs ! i 3200 E.Tahquitz Canyon Way ' Palm Springs, CA 92263-2743 RE: Golden Sands Mobile Home Park The undersigned owners of the Golden Sands Mobile Horror Park herewith ask for a 24 month extension of resolution #18673. The reason for said request is explained in the Burnett Companresdetter vilhich is attached Your positive consideration to this matter would be gristly appreciated. r Respectf011y, San Rafael Developmorvt Company, a general artne. hiJ By. RobeIr rt L.A� in - ----- J Trustee of Austin Family Trust; General Partner By — --+------------ Rongl d G.B r Trustee of Boyer Family Trust. . General Par nor 1111' � . j• T 1ryQr 1 i . 9 � I R ! BURNEzr C O M P A N I E SNovember 23, 1999 KM Doug Evans City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263-2743 RE: GOLDEN SANDS MOBH.E HOME PARK SEWER Burnett Companies is in the process of finalizing its purchase of the 166-unit mobile home park from the Austin family. The Austins et al filed a hardship request with the City of Palm Springs and pursuant to Resohution #18873 which was adopted July 17, 1996,the City granted the Austins an extension of time to install the sewer system. Burnett Companies has purchased acreage in and around the Palm Springs Country Club and is currently pre1arni8 a master plan that ultimately will include the property in which the mobile home park is currently located. We recently learned of the City of Patin Springs Mobile Home Relocation Ordinance # 4.08.130, which provides for owner/ tenant financial compensation and an 18-month notification to tenants relative to the closure of a park within city limits. We have extended our purchase escrow to allow time to fully understand the implications this may have in our plans. We are therefore asking the City Council to consider our request to approve a 24 month extension of resolution #18873 until our development plans are complete and approved by the City, in order to avert the necessity of installing a new sewer system only to remove it 18 to 24 months later. Thank you in advance for your consideration on this matter. Respectfully, BURNETTpCOMPANIES seph A ice dent I11V Properties Division JAS:tm 3151 Aimy Avenue,Scare T-3 Costs Meets,Califomia 92626 Telephone 714 544-7600 Famumle 714 544.0200 -1 i DOCK a 2000-11700E FREE RECORDING REQUESTED BY Cmf orred Copy 93/39/26N AND WHEN COMPLETED MAIL TO: Gary L a,ss Assessor-Counly Clark-Raeorder CITY OF PALM SPRINGS 3200 East Tahquitz Canyon Way Palm Springs,California 92262 Attn: City Clerk Space Above This Una For RecordeA Use Only AMENDMENT TO SEWER CONNECTION PROGRAM THIS AMENDMENT FOR COVENANTS, CONDITIONS AND RESTRICTIONS (the "Amendment") is entered into this /6 day of March, 2000, by and between DEL MAR PROPERTIES III, LLC, a California limited liability company, and successor in interest to ROBERT L. AUSTIN and GLORIA I. AUSTIN, as trustees of the Austin Family Trust u/t/d July 2, 1982, as to an undivided interest; RONALD G. BOYER and LORIENE M. BOYER, as trustees of the Boyer Family Trust u/t/d February 8, 1978, as to an undivided interest in the property subject to this Amendment ("Declarant") and the CITY OF PALM SPRINGS, a municipal corporation ("City') and amends that certain Declaration of Covenants, Conditions and Restrictions (the "Declaration'), dated October 25, 1996 by and between City and Declarant's predecessors in interest, and recorded February 25, 1997 as Document No. Cdo Q70 The Declarant and the City are collectively referred to herein as the Parties. RE!ITAILS A. Declarant owns that certain real property located in the City of Palm Springs, County of Riverside, State of California, commonly known as the Golden Sands Mobile Home Park, located at 1900 San Rafael Drive,Palm Springs, California,more particularly described on Exhibit"A"attached hereto and incorporated herein by this reference("Property"). — B.— Orr or-about JIlb-+7-, 1996, the City, by-Resolution-N.. 18873i-apIreved — - - Declarant's hardship request for reduced sewer connection fees for the Property provided that plans be prepared, permits be obtained and that the work be performed within 3 years of the Completion Date (July 17, 1999). Thereafter, on the dates stated above, the Declaration was recorded setting forth the Parties'Agreement. C. The City, by Resolution No. 19540, dated June 16, 1999, extended the work completion deadline by 255 calendar days to February 28,2000. D. The City, by Resolution No. 19706, dated December 15, 1999, extended the Completion Date by twenty-four (24) months in order for Burnett Companies or its Nominee ("Buyers') to investigate City regulations relating to mobile home park ownership before completing the work required by the Connection Program. 27600140944Mw momaimo Page 1 of 3 AMEND TO SHWER.CONNECTION PROGRAM E. The Parties now desire to amend the Declaration and extend its term according to the provisions of Resolution No. 19706,as provided in Section 6.5 of the Declaration. 1. Completion Date. The Completion Date set forth in Section 2.1 shall be extended to February 28, 2002 (24 month extension). However, in the event that escrow between Declarant and Buyers is terminated prior to the end of the twenty-four (24) month Extended Term, construction and installation of the Improvements to connect the Golden Sands Mobile Home Park to the City sewer shall be completed with 90 days following the termination of escrow. 2. Counterparts. This Amendment may be executed in any number of counterparts each of which shall be an original but all of which shall constitute one and the same document. 3. All Other Provisions Remain in Effect. Except as amended by this Amendment, all provisions of the Declaration, including without limitation the Indemnity and Insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the date first written above. "CITY" CITY OF PALM SPRINGS,CALIFORNIA, a municipal corporation By: Dallas Flicek Acting City Manager ACB ity Clerk APPROVED BY THE CITY COUWjt Approved as to Form: BY RES. NO. 197�. I a—I Z By: 19370 QV onrey [Signatures Continued on Next Page] SS'2 n oS nI IM Page 2 of 3 AMEND TO SEWER CONNECTION PROGRAM "DECLARANT" DEL MAR PROPERTIES III, LLC, a California limited liability company, and successor in interest to ROBERT L. AUSTIN and GLORIA I.AUSTIN,as trustees of the Austin Family Trust u/t/d July 2, 1982, as to an undivided interest; RONALD G.BOYER and LORIENE M. BOYER,as trustees of the Boyer Family Trust u/t/d February 8, 1978,as to an undivided interest in the property subject to this Amendment By: C Signature Name: C .t. 49MAIV6,7? Title: ,may!AIV. .G Ei¢ [End of Signatures] 2761014084-0001 52972 03 TOM1400 Page 3 of 3 AMEND TO SEWER CONNECTION PROGRAM CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of ORANGE On March 16, 2000 before me, Linda M. Williams. Notary Public DATE NAME,TIRE OFORICER•EG.VNE DOE NDTMY PUBLIC' personally appeared C. L. Burnett , NAMMOF&GNER(M ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ishm subscribed to the within instrument and ac- knowledged to me that he/s6ra/I my executed the same in his/hasMmilk authorized capacity(ies), and that by his/ & signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. LI DAMINNI ME commbdo"s nfhf76 WITNESS my hand and official seal. Notaypttft-calla mm -'y, ►A CWM8B� w0ct2aaz� i Ua�av 27 P BICiNAT(NE OF NOTMY OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Amendment to Sewer ® CORPORATE OFFICER Connection Program Manager TITLE OR TYPE OF DOCUMENT Tffusm ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 3 ❑ ATTORNEY4N-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAWCONSERVATOR March 16, 2000 ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTOG: NAMEaFPOWNPOn E M11MM SIGNER(S)OTHER THAN NAMED ABOVE 0190 NATIONAL NOTARY ASSOCIATION-=6 Parnmet Ave.,P.O.Boa 7184•Canopa Park,GA 913W7184 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL 1: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SECTION 36 WHICH BEARS SOUTH 890 55' EAST, 814 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH 00 06' 05" EAST, 300 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 55' EAST PARALLEL WITH SAID SOUTH LINE OF SECTION 36, 1504.59 FEET; THENCE NORTH 42° 26' 40" WEST 365.50 FEET; THENCE NORTH 510 49' 40" WEST, 866 FEET; THENCE SOUTH 720 32' 400 WEST 645 FEET; THENCE SOUTH 30 35' 15" EAST, 610.41 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THAT PORTION THEREOF CONVEYED TO IRENE GILROY AND ELMER W. ENDTER BY DEED RECORDED FEBRUARY 26, 1959 AS INSTRUMENT NO. 16203 OF OFFICIAL RECORDS, RIVERSIDE COUNTY RECORDS; SAID LAND SO CONVEYED IS DESCRIBED IN SAID DEED AS FOLLOWS: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT BEARS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06' 05" BAST, 300 FEET; THENCE SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 569.39 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST AND PARALLEL TO SAID SOUTH LINE 1200 FEET; THENCE NORTH 420 26' 40" WEST, 122.13 FEET; THENCE NORTH 890 SS' WEST AND PARALLEL TO SAID SOUTH LINE 1117.45 FEET; THENCE SOUTH 000 25' WEST 90 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL CONVEYED TO IRENE GILROY, ET AL. ABOVE SET OUT; THENCE NORTH ALONG THE WESTERLY LINE OF SAID PARCEL, 90 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 1117.45 FEET PARALLEL TO THE SOUTH LINE; THENCE NORTH PARALLEL TO THE WEST LINE 18 FEET; THENCE WEST AND PARALLEL TO THE SOUTH LINE 1117.45 FEET TO A POINT ON THE WEST LINE DISTANT 108 FEET FROM THE S SOUTHWEST CORNER OF SAID PARCEL; THENCE SOUTH ALONG THE WEST LINE 18 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT COMMENCING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER THAT IS SOUTH 890 55' EAST, 554 FEET FROM THE SOUTHWEST CORNER THEREOF; THENCE NORTH 000 06' 05" EAST, AND PARALLEL TO THE WEST LINE OF SAID SOUTHWEST QUARTER, 300 FEET; THENCE SOUTH 890 55' EAST, AND PARALLEL TO SAID SOUTH LINE, 260 EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE M1014094400000M.e mO/1&96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 890 55' EAST, AND PARALLEL TO SAID SOUTH LINE, 69.75 FEET; THENCE NORTH 000 00' 30" WEST, 642.32 FEET; THENCE SOUTH ;720 32' 40" WEST, 112.81 FEET; THENCE SOUTH 30 55' 15" EAST, 610..21 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERALS IN AND UNDER THE WEST HALF OF THE SOUTH OF THE SOUTH HALF OF SAID SECTION, WITH THE REGULAR PROVISION PROVIDING ENTRY FOR EXPLORATION AND DELIVERANCE, AS RESERVED IN DEED FROM CITIZENS NATIONAL TRUST AND SAVINGS BANKS OF RIVERSIDE,' A NATIONAL BANKING ASSOCIATION, AS TRUSTEE AND RECORDED DECEMBER 20, 1956 IN BOOK 2104, PAGE 445, OF OFFICIAL RECORDS. PARCEL 2 : AN EASEMENT FOR INGRESS AND EGRESS OVER AND ACROSS THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO UNITED STATES' GOVERNMENT SURVEY THEREOF, INCLUDED WITHIN A STRIP OF LAND 40 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 36 WITH A LINE DRAWN PARALLEL WITH AND 20 FEET NORTHERLY AT RIGHT ANGLES FROM THE SOUTH LINE OF SAID SECTION; THENCE ALONG SAID PARALLEL LINE SOUTH 890 55' EAST, 562.46 FEET TO THE BEGINNING AT A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 230 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 440 31' 55", 178.77 FEET;"THENCE NORTH 45° 33' 05" EAST, 305.28 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE PROPERTY DESCRIBED IN PARCEL 1 ABOVE AT A POINT DISTANT THEREON SOUTH 890 55' EAST, 127.11 FEET FROM THE SOUTHWEST CORNER OF SAID PARCEL 1. EXHIBIT "A" TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO INSTALL STREET IMPROVEMENTS UPON NOTICE 40014084400s M-5.6 alQ/I& 6 i O� PALM dp City of Palm Springs v,, ��•a, Office of the ' Clerk ('q gyp. 3200 Ta6quia Canyon Way'Pa)m$pri ,Cohfomia 92262 FO RN TEL(760)323-8204•TDD:(760)SM-9527 March 22, 2000 County Recorder 2724 Gateway Drive Riverside, CA 92507-0918 RE: AMENDMENT TO SEWER CONNECTION PROGRAM After recording, please return attached amendment to sewer connection program by and between Del Mar Properties III, LLC, Robert L. Austin and Gloria Austin, Ronald G. Boyer and Loriene M. Boyer and the City of Palm Springs, for property located at 1900 San Rafael Drive. I have also included a copy to be conformed and returned in the enclosed envelope. PATRICIA A. SANDERS City Clerk Attachments 143 77 7 Post Office Box 2743 • Palm Springs, California 92263-2743 RESOLUTION NO. 18873 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A SEWER CONNECTION PROGRAM FOR THE GOLDEN SANDS MOBILE IfOME PARK WHEREAS the City Council has heard the hardship request of the owners of the Golden Sands Mobile Home Park; and WHEREAS the Golden Sands Mobile Home Park provides a source of affordable housing to City residents; and WHEREAS the City Council finds that an economic hardship would exist if the mobile home park were required to immediately connect to the public sewer system at the sewer connection rates presently in effect; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section i. The sewer facility fees for the connection of the Golden Sands Mobile Home Park to the public sewer system shall be calculated at the following rate: $400 per mobile home space $100 per recreational vehicle space $12.50 per commercial fixture unit Section 2. Within thirty (30) days from the adoption of this resolution, the applicant shall prepare or cause to be prepared, a covenant running with the land to guarantee completion of the connection of the mobile home park to the City sewer system within three calendar years from the date of adoption of this resolution. The City shall be a party with the right to enforce the covenant including the power to levy a lien. Said covenant form and content shall be approved by the City Attorney. City Attorney fees for reviewX.ng the covenant shall be paid in full as a condition of covenant approval. Said covenant shall be secured by a bond in a form acceptable to the City Attorney and in an amount acceptable to the Director of Public Works. The covenant shall be executed and recorded within fifteen (15) days of City approval. Section 3. Within one calendar year from the adoption of this resolution, the applicant shall prepare or cause to be prepared, and submit to the City for plan review, a complete engineering design together with complete plans and specifications for the connection of the mobile home park to the public sewer system. Said design, plans, and specifications shall be approved by the City .Engineer and the appropriate state agencies. Section 4. Within ninety (90) days of City approval of the Resolution-Golden Sands Mobile Home Park -R18873 July 3, Page 2 design, plans, and specifications for the connection of the private mobile park sewer system to the public sewer system, all appropriate permits shall be obtained from the City and appropriate state agencies. City sewer facility fees shall be paid in full at the time of permit issuance. All permits shall be kept current. Section S. Within three calendar years from the adoption of this resolution, all work necessary to complete the connection of the mobile home park to the City sewer system, including the proper abandonment of the existing septic systems, shall be completed and final approvals for all permits shall be obtained. Section 6. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers and, in addition shall pay any and all legal fees and costs in the event the City is compelled to initiate legal action against the owner to compel compliance with the terms of this resolution. Section 7. Should the applicant fail to meet any of the performance deadlines specified herein, any provisions of this ordinance pertaining to sewer facility fee reductions shall become null and void. ADOPTED this 17th day of July , 1996. AYES: Members Barnes. Hodges, Spurgin and Mayor Kleindienst NOES: None , ABSENT: Member Oden ATTEST: CI SP ,.CALIFORNIA By- C ty Clar ty nager REVIEWED & APPROVED RESOLUTION NO. 19540 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,AUTHORIZINGAN AMENDMENTTOTHE SEWER CONNECTION PROGRAM FOR THE GOLDEN SANDS MOBILE HOME PARK WHEREAS the City Council has, by Resolution No.18873 dated July 17, 1996, established a sewer connection program for the Golden Sands Mobile Home Park; and WHEREAS the details of this program were specified in a covenant recorded in the office of the county recorder; and WHEREAS said sewer connection program required, among other things, the completion of all work necessary to connect the mobile home park to the City sewer system within three(3)years of the date of the resolution; and WHEREAS pursuant to the request duly mule by the owner of the Golden Sands Mobile Home Park,the City Council, on July 17, 1996, approved a reduced sewer connection fee payable to the City by the mobile home park; and WHEREAS the owner of the Golden Sands Mobile Home Park has now requested a 255 calendar day extension of the completion deadline for the connection of the mobile home park to the City sewer system to allow for close of escrow on the property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The deadline as specifud in Resolution 18873 for the completion of all work necessary to complete the connection of the Golden Sands Mobile Home Park to the City sewer system is hereby extended by 255 calendar days,with the provision that, in the event that escrow is terminated prior to the end of the 255 calendar day extension,connection of the mobile home park to City sewer shall be completed within 90 days following the termination of escrow. Section 2. In the event of any change of ownership of the mobile home park, owners may not receive the benefit of reduced sewer connection fees approved b succeeding ty Council on July 17, 1996, unless specifically authorized by the City Council. Section 3. Within thirty(30)days from the adoption of this resolution,the applicant shall prepare or cause to be prepared,an amendment to the recorded sewer connection program covenant. Such amendment shall be, in form and content, approved by the City Attorney. City Attorney fees for reviewing the amendment shall be paid in full as a condition of amendment approval.The amendment shall be executed and recorded within fifteen(15) days of City approval. ADOPTED this 16th day of June , 1999. AYES: Members Barnes. Hodges, Oden. Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ATTEST: C4 S ORNIA c City.Clerk City onager REVIEWED&APPROVED (/�'V RESOLUTION NO. 19706 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,AUTHORIZINGAN AMENDMENTTO THE SEWER CONNECTION PROGRAM FOR THE GOLDEN SANDS MOBILE HOME PARK WHEREAS the City Council has, by Resolution No.18873 dated July 17, 1996, established a sewer connection program for the Golden Sands Mobile Home Park; and WHEREAS the details of this program were specified in a covenant recorded in the office of the county recorder; and WHEREAS this program specified that all work was to be completed within three years of the date of said resolution; and WHEREAS the City Council, by Resolution No. 19540 dated June 16, 1999, extended the work completion deadline by 255 calendar days to February 28, 2000; and WHEREAS the owner of the Golden Sands Mobile Home Park has now requested an additional extension of 24 months to allow for notice to tenants of change of use as provided in Palm Springs Municipal Code Section 4.08.130; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The deadline established in Resolution No. 18873,as extended by Resolution No. 19540, for the completion of all work necessary to complete the connection of the Golden Sands Mobile Home Park to the City sewer system is hereby extended by 24 months, with Provision that, in the event escrow is terminated prior to the end of the 24 month extension,connection of the mobile home park to the City sewer shall be completed within 90 days following the termination of escrow. Section 2. Within thirty(30)days from the adoption of this resolution, the applicant shall prepare or cause to be prepared, an amendment to the recorded sewer connection program covenant. Such amendment shall be, in form and content, approved by the City Attorney. City Attorney fees for reviewing the amendment shall be paid in full as a condition of amendment approval. The amendment shall be executed and recorded within fifteen(15) days of City approval. ADOPTED this 15th day of Decembj§99. AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED &APPROVED 4. . i 61 DATE: December 15, 1999 TO: City Council FROM Director,Office of Management and Budget(OMB) APPROVE RERVIBURSEMENT RESOLUTION RECOMMENDATION: It is recommended that the City Council approve a Reimbursement Resolution recognizing its intent to reimburse itself for certain Capital expenditures for payments already made related to City Council authorized expenditures BACKGROUND: In a continuing effort to improve the effectiveness and efficiency,of service provided to Palm Springs citizens,City council approved a Master Lease Agreement with CaLease on October 21, 1998. Recognizing the benefits derived from this program with CaLease, and certain tax code requirements,the Office of Management and Budget is recommending that Council approve this reimbursement Resolution. The intent of this action is to comply with the 1986 Tax Code requirements as they relate to reimbursement issues. The 1986 Tax Code requires that if a city plans to be reimbursed for prior expenditures from the tax-exempt proceeds,the City must approve a Reimbursement Resolution This action is a housekeeping item that must be acted upon every 18 months and is routine in nature. Additionally this action is not authorizing any expenditures beyond those already approved by City Council. o Ra and .5 �F.,,C;Ne of OMB Approved �„�. City tianager Attachment: 1 Resolution RESOLUTION NO. 19707 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERIVIING ITS INTENT TO REIMBURSE ITSELF FOR CERTAIN CAPITAL EXPENDTI•URES. WEEREAS, The City Council of the city of Palm Springs ("City") expects to make capital expenditures in connection with the acquisition of certain equipment, including city vehicles, computer system purchases and related equipment (the "Equipment') on and after the date hereof, and intends to reimburse itself for the Expenditures with the proceeds of a lease agreement or other obligations to be issues by the City,(the"Obligation"). WBEREAS, The 1986 Tax Code requires that if a city plans to be reimbursed for expenditures from the tax-exempt proceeds,the city must approve a Reimbursement Resolution. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Springs does hereby declare its intent to reimburse itself for the expenditures with the proceeds of a lease agreement or other obligations to be issued by the City, and that the maximum principal amount of the Obligation expected to be issued for the Equipment shall not exceed$1,500,000. ADOPTED this 15thdayof Dec. .1999. AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst NOES: None Aj3SENT: None ATTEST: CITY OF PALM SPRINGS,CALIFORNIA By City clerk City Manager REVIEWED&APPROVED: I ./ I r"A DATE: December 15, 1999 TO: City Council FROM: Director of Aviation PALM SPRINGS INTERNATIONAL AIRPORT LAW ENFORCEMENT SERVICES-BUDGET AMENDMENT RECOMMENDATION: That the City Council approve a Budget Amendment for airport law enforcement services rendered at the Palm Springs International Airport for fiscal year 1998/99 in the amount of $167,435.68 . BACKGROUND: During fiscal year 1998/99, Palm Springs International Airport law enforcement services were out-sourced with the primary objective of increasing efficiency and overall effectiveness. In January of 1999, the City of Palm Springs Police Department (PSPD) began providing airport law enforcement services previously provided by the City's Department of Transportation-Aviation,Airport Law Enforcement Division. The process of transitioning said services took several months due to the complex coordination requirements,which included,but were not limited to, acquiring appropriate FAA approvals, providing the FAA mandated training, and entering meet & confer discussions with the various City labor units. The transition had an effect upon several employees that were impacted by a change of assignment,change of departments,divisions or otherwise. During this changeover phase there were no actual monetary personnel action changes. In other words,all affected personnel from both the Airport and PSPD were left in their same departments,divisions and activity centers until the fiscal year-end when the monetary considerations for actual services rendered could be reconciled. The Budget Amendment proposed for Council's consideration, in the amount of $167,435.68,covers the period of January 1999 through June 1999 for police services. The dollars were computed by the City's Finance Department and reflect the actual personnel costs for PSPD officers assigned to the Airport starting with the pay period beginning 12/27/98 and ends with the pay period ended 6/26/99. The fiords forthe Amendmentwill come fromtheAirportFund. When the law enforcement function transitioned from the Airport to PSPD,there were savings in salary accounts that resulted from the elimination of the Airport Law Enforcement Division. Consequently,the salary savings accrued in the Airport's Retained Earnings at the end of the 1998/99 fiscal year. This action will transfer fiords from the Airport to the General Fund-PSPD for actual law enforcement services rendered A resolution is attached for Council consideration. APPROVED: -� Jeri LAtiddle Dallas Flicek Director of Aviation Interim City Manager Attachment: 1. Resolution /a � ppNr�tf--.��.�6,j'�� D tYJ A�"S.n.'+L�L� 1 RESOLUTION NO. 19708 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 1999-00 FISCAL YEAR. WHEREAS Resolution 19541, approving the budget for the fiscal year 1999-00 was adopted on June 16, 1999; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 19541, adopting the budget for the 1999-00 fiscal year is hereby amended as follows: SECTION 1. ADDITIONS FUND Activity Account Amount No. 415 6002 43210 $167,436 Title: Airport Administration Contractural Police Services Purpose: The expenses for the Contractual Police services for the period of 1/3/99 through 6/30/99 were not paid. The savings accrued to the Airport's retained earnings as of 6/30/99. SECTION 2. SOURCE FUND Activity Account Amount No. 415 29302 $167,436 Title: Airport Retained Earnings Adopted this 15th day of December 1999. AYES: Members Hodges, Jones, Oden, Reller-Spurgin, Mayor Kleindienst NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED AS TO FORM /;t !;6