HomeMy WebLinkAbout2/1/2017 - STAFF REPORTS - 1.C. *PALM S.
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•C9</F00.N`P City Council Staff Report
Date: February 1, 2017 CONSENT CALENDAR
Subject: ACCEPTANCE OF PUBLIC IMPROVEMENTS AND AUTHORIZATION
TO RELEASE SUBDIVISION IMPROVEMENT SECURITIES FOR THE
"LINEA" DEVELOPMENT, TRACT NO. 36723
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
On June 17, 2015, the City Council approved Tract Map 36723 and a subdivision
improvement agreement with Alta Verde Homes, LLC, (the "Developer"), securing the
Developer's completion of certain required public improvements associated with Tract
Map 36723. The Developer has completed the required public improvement, and the
City Council may accept these improvements as completed and complying with the
City's approved plans, authorize release of subdivision improvement securities, and
accept a maintenance and warranty security for the required one-year warranty period.
The principles of the Developer are Andrew Adler and David Kivitz.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE
SUBDIVISION IMPROVEMENTS ASSOCIATED WITH TRACT MAP 36723 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY THE SUBDIVISION
IMPROVEMENT AGREEMENT WITH ALTA VERDE HOMES, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1000 BOGERT
TRAIL, IN SECTION 35, TOWNSHIP 4 SOUTH, RANGE 4 EAST'.
STAFF ANALYSIS:
At its meeting of November 12, 2014, the Planning Commission recommended approval
of Tentative Tract Map 36723, which was subsequently approved by the City Council,
subject to conditions, on D;bember 17, 2014. Tentative Tract Map 36723 is located at
1000 Bogert Trail, as shown in the following vicinity map.
ITEM NO.
City Council Staff Report
February 1, 2017- Page 2
Acceptance of Tract Map 36723 Improvements
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On June 17, 2015, the City Council adopted Resolution No. 23845, approving Tract
Map 36723 and an associated Subdivision Improvement Agreement, (the "SIA"), with
the Developer. Tract Map 36723 involved a subdivision of 14 single family residential
lots located along one privately maintained street (Linea Terrace), as shown in Figure 2.
02
City Council Staff Report
February 1, 2017-Page 3
Acceptance of Tract Map 36723 Improvements
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Figure 2 — Tract Map 36723
Associated with Tract Map 36723 was a requirement to construct certain public and
private improvements, including:
• On-site private street and storm drainage improvements
• On-site public sewer and domestic water system improvements
• Off-site public street improvements
At the time Tract Map 36723 was approved by the City Council, construction of required
public and private improvements associated with Tract Map 36723 had not been
completed; an engineer's estimate of the cost of the improvements to be completed was
$1,413,000.
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City Council Staff Report
February 1, 2017 - Page 4
Acceptance of Tract Map 36723 Improvements
In accordance with Section 66462 of the California Government Code, the Developer
requested that the City enter into the SIA securing the cost of these improvements not
yet completed to the City's satisfaction, (defined by the SIA as the "Works of
Improvement'). Accordingly, pursuant to the terms of the SIA, the Developer filed the
following Security Instruments with the City Clerk to guarantee construction of the
Works of Improvement:
• Faithful Performance Bond, No. 12114665; $1,413,000
• Labor and Materials Bonds, No. 12114665; $706,500
• Bond for Maintenance and Warranty of Improvements, No. 12114665; $211,950
• Monumentation Bond, No. 12114667; $7,000
The Developer has completed construction of the Works of Improvement, and has
requested that the City Council accept the improvements and release the Security
Instruments in accordance with the terms of the SIA. On behalf of the City Engineer, the
City's Public Works Inspectors have inspected the Works of Improvement and found
them to be in accordance with the City's approved plans and specifications, and
recommends the City Council accept the improvements and release the Security
Instruments in accordance with the SIA. The Security Instrument for the Maintenance
and Warranty of Improvements will be held by the City Clerk, and released following
expiration of the one-year warranty period, and confirmation by the City Engineer that
no claims of defective improvements have been received.
ENVIRONMENTAL IMPACT:
Tentative Tract Map 36723 was considered a "Project' pursuant to the California
Environmental Quality Act ("CEQA") Guidelines. The City, acting as Lead Agency
pursuant to CEQA, prepared a Focused Environmental Impact Report (FEIR), identified
by State Clearinghouse #2014091078, for Tentative Tract Map 36723. On December
17, 2014, the City Council adopted Resolution No. 23727 certifying the FEIR.
Acceptance of the public improvements associated with Tract Map 36723 implements
the Project as envisioned by Tentative Tract Map 36723, and is therefore consistent
with the FEIR previously certified by the City Council, and no further action with regard
to CEQA is required.
FISCAL IMPACT:
The Works of Improvement include both publicly maintained and privately maintained
improvements. The public improvements to be accepted and subsequently maintained
by the City include the off-site street improvements constructed along Bogert Trail, and
the on-site public sewer system improvements. Sufficient funds are budgeted as part of
the City's annual fiscal year budget in the Gas Tax, Measure A, and Wastewater
Enterprise Funds to accommodate maintenance of public street and sewer
improvements.
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City Council Staff Report
February 1, 2017- Page 5
Acceptance of Tract Map 36723 Improvements
Private improvements will be maintained by the Homeowners Association pursuant to
the Covenants, Conditions and Restrictions (CC&Rs) recorded against the properties
within Tract Map 36723.
SUBMITTED
o �
M rcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Esq.
Assistant City Manager/City Engineer City Manager
Attachment:
1. Resolution
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Attachment 1
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING
ACCEPTANCE OF THE SUBDIVISION IMPROVEMENTS
ASSOCIATED WITH TRACT MAP 36723 AND
AUTHORIZING RELEASE OF SECURITIES REQUIRED BY
THE SUBDIVISION IMPROVEMENT AGREEMENT WITH
ALTA VERDE HOMES, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY, FOR PROPERTY LOCATED AT
1000 BOGERT TRAIL, IN SECTION 35, TOWNSHIP 4
SOUTH, RANGE 4 EAST.
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of
November 12, 2014, recommended approval of Tentative Tract Map 36723, subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its
meeting of December 17, 2014, approved Tentative Tract Map 36723 subject to
conditions; and
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City'), at its
meeting of June 17, 2015, adopted Resolution No. 23845, approving Tract Map 36723
and a related Subdivision Improvement Agreement, (Agreement No. 6719), with Alta
Verde Homes LLC, a California Limited Liability Company, (hereinafter the 'Developer'),
in accordance with Section 66462 of the California Government Code; and
WHEREAS, in accordance with Section 4.1 of the Subdivision Improvement Agreement,
the Developer was required to submit subdivision improvement securities in the amount
of$1,413,000 to guarantee construction of certain public improvements required for and
associated with Tract Map 36723, (the "Works of Improvement'); and
WHEREAS, the Developer has filed with the City Clerk a performance bond in the
amount of $1,413,000 and a labor and materials (payment) bond in the amount of
$706,500 in accordance with the Subdivision Improvement Agreement; and
WHEREAS, the Developer has completed construction of the Works of Improvement,
and has requested that the City to accept the Works of Improvement in accordance with
Section 1 .14 of the Subdivision Improvement Agreement; and
WHEREAS, in accordance with Section 4.5 of the Subdivision Improvement Agreement,
the Developer has requested that the City release the subdivision improvement
securities filed with the City Clerk to guarantee construction of the Works of
Improvement; and
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Resolution No.
Page 2
WHEREAS, the City Engineer has examined the Works of Improvement, and has found
them to be constructed and completed in accordance with the Subdivision Improvement
Agreement, and the associated plans and specifications; and
WHEREAS, the City Engineer recommends that the City Council accept the Works of
Improvement, and authorize the City Clerk to release the subdivision improvement
securities filed with the City Clerk to guarantee construction of the Works of
Improvement, with the exception of the warranty security required by Section 4(b) of
Subdivision Improvement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The recitals above are found to be true and correct and constitute the
findings of the City Council made in support of this resolution.
Section 2. The City Council hereby finds and determines that the Works of
Improvement have been completed in accordance with the relevant
provisions of the Subdivision Improvement Agreement and the approved
plans and specifications, and the City Council hereby accepts the
completed Works of Improvements.
Section 3. The City Council's acceptance of the Works of Improvement effectuated
by this resolution shall not in any way supersede or relieve Alta Verde
Homes LLC, a California Limited Liability Company, or its successors and
assigns, of any other obligations required by the Subdivision Improvement
Agreement or the conditions of approval associated with Tentative Tract
Map 36723.
Section 4. The City Council's acceptance of the Works of Improvement effectuated
by this resolution shall not in any way impose an obligation on the City of
Palm Springs to maintain those improvements that are required to be
privately maintained by a Homeowners Association through Covenants,
Conditions and Restrictions (CC&R's), including the private streets
associated with Tract Map 36723.
Section 4. In accordance with Section 4.5(a) of the Subdivision Improvement
Agreement, the City Clerk is hereby authorized to release the following
Security Instruments previously filed with the City Clerk to guarantee
construction of the Works of Improvement:
Faithful Performance Bond No. 12114665; $1,413,000
Labor and Materials Bond No. 12114665; $706,500
Monument Bond No. 12114667; $7,000
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Resolution No.
Page 3
Section 5. In accordance with Section 4.5(b) of the Subdivision Improvement
Agreement, the City Clerk is hereby authorized to release the Bond for
Maintenance and Warranty of Improvements, Bond No. 12114665, in the
amount of $211,950 upon expiration of the warranty period following one
year of the City Council's acceptance of the Works of Improvement, and
upon receipt of the City Engineer's verification that no claims regarding
defective work associated with the Works of Improvement have been
received.
Section 6. The City Clerk, following adoption of this resolution, shall file with the
Riverside County Recorder, the Acceptance of the Works of Improvement
Certificate attached hereto.
ADOPTED THIS 1st day of February, 2017.
David H. Ready, City Manager
ATTEST:
Kathleen D. Hart, Interim City Clerk
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Resolution No.
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on February 1, 2017, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Kathleen D. Hart, Interim City Clerk
City of Palm Springs, California
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Acceptance of the Works of Improvement Certificate follows this page.
Z1
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Exempt from recording fees under Government Code§6103
Acceptance of the Works of Improvement Certificate
Tract Map 36723
Subdivision Improvement Agreement (A6719)
The undersigned, City of Palm Springs, a California charter city and municipal
corporation, (hereafter the "City'), hereby confirms that on February 1, 2017, the City
Council of the City accepted the Works of Improvement associated with Tract Map
37623 to be constructed by or on behalf of Alta Verde Homes LLC, a California limited
liability company, and/or its successors and assigns, (collectively, hereafter the
"Developer"), pursuant to that certain Subdivision Improvement Agreement (A6719) by
and between the City and Developer recorded as Document No. 2015-0299957, July
10, 2015, records of Riverside County Recorder, (hereafter the "Agreement"). The City
hereby releases the Developer from its performance obligations to construct the Works
of Improvement as set forth in the Agreement, and hereby releases the Security
Instruments filed with the City Clerk pursuant to and in accordance with the Agreement.
This Acceptance Certificate is applicable to those Works of Improvement associated
with Tract Map 36723, identified as that certain real property more particularly described
in Exhibit "A" attached hereto.
[SIGNATURES ON NEXT PAGE]
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City of Palm Springs, a California charter
city and municipal corporation
Dated:
David H. Ready, City Manager
Attest: Approved as to form:
Kathleen D. Hart, MMC Douglas C. Holland, City Attorney
Interim City Clerk
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EXHIBIT "A"
Tract Map No. 36723 filed in the office of the County Recorder, County of Riverside,
State of California, on June 24, 2015, in Book 445 of Maps at Pages 82 through 84.
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