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Cq<IFORN�P City Council Staff Report
DATE: March 16, 2016 CONSENT CALENDAR
SUBJECT: APPROVAL OF TIME EXTENSION OF SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT MAP 28966.
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
At the March 2, 2016, City Council meeting, the City Council deferred approval of an
extension of time to the Subdivision Improvement Agreement for Tract Map 28966, and
requested that staff identify the property owner to confirm lack of any conflict of interest
for any member of City Council approving the extension of time. The current property
owner of Tract Map 28966 is Tripalmsview Properties, LLC, and its manager is Shaul
Mezrahi.
RECOMMENDATION:
Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING A ONE YEAR TIME EXTENSION
OF THE SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 28966,
AGREEMENT A4814."
STAFF ANALYSIS:
Subdivision improvement agreements are approved as part of the City Council's
approval of a final map for subdivision of property for residential purposes. The
agreement between the City and Subdivider obligates the Subdivider to construct all the
necessary public improvements, which are secured with bonds or other suitable security
to ensure the improvements are constructed and laborers and suppliers are paid. The
City retains the ability to call the securities in the event necessary public improvements
are not completed and the Subdivider has defaulted on the property.
During the economic recession, some residential projects stopped construction and
remained on indefinite hold, and only recently have commenced completion of housing
construction within the project. Over the years, the City Council has approved an
extension of time for various subdivision improvement agreements. Terms of the
ITE+A. NO.—� —
City Council Staff Report
March 16, 2016-- Page 2
Time Extension for TM 28966 Subdivision Agreement
subdivision improvement agreements require that the Subdivider complete the public
improvements within a certain time frame (generally two years from the City's approval
of the improvement plans). Although construction on most projects has resumed, some
Subdividers required more time to commence and completion construction. Therefore, it
is staff's recommendation that the City Council acknowledge that factors beyond the
Subdivider's control have delayed completion of the projects, and requires an additional
time extension to the subdivision improvements agreement. This action will preserve the
City's rights to file claims against the Subdivider's bonds in the event the Subdivider is
unwilling or unable to complete the public improvements.
The following project is in the final stage of completing required public improvements,
and staff recommends that the City Council approve a time extension for the following
subdivision improvement agreement, as follows:
Tract Map 28966, "Preserve Estates", extend to June 18, 2017
Tract Map 28966 is a subdivision of 15 new residential lots on one private street located
at the south end of Via Monte Vista shown here in Figure 1.
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Figure 1
The property owner is Tripalmsview Properties, LLC, and its manager is Shaul Mezrahi.
All public improvements are completed with the exception of construction of the final
layer of asphalt concrete pavement on the private street, with associated final
adjustment of sewer manholes and water valves. This work had been deferred by the
current property owner until completion of housing construction. Staff recommends that
another 1 year time extension be approved to allow staff to initiate efforts with the
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City Council Staff Report
March 16, 2016-- Page 3
Time Extension for TM 28966 Subdivision Agreement
current property owner to complete the remaining improvements, or to file a claim
against the security to force completion of these improvements.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project" as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to adopt a Resolution authorizing extension of
time for performance of obligations identified in TM 28966 subdivision improvement
agreement, and is exempt from CEQA pursuant to Section 15378(b), in that a "Project'
does not include: (5) Organizational or administrative activities of governments that will
not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
None.
SUBMITTED:
f �r
arcus L. Fuller, MPA, P.E., P.L.S. David H. Ready, Est-
Assistant City Manager/City Engineer City Manager
Attachments:
1. Resolution
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ATTACHMENT 1
04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AUTHORIZING A ONE
YEAR TIME EXTENSION OF THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR TRACT MAP 28966,
AGREEMENT A4814
WHEREAS, the City Council previously approved Tract Map 28966; and
WHEREAS, included with the City Council's approval Tract Map 28966 is approval of a
Subdivision Improvement Agreement between the City and Subdivider identifying
certain obligations of the Subdivider, including an obligation to complete subdivision
improvements within two years of commencement of work; and
WHEREAS, Tract Map 28966 requires additional time for completion of subdivision
improvements; and
WHEREAS, it is in the public's best interest to secure the City's security associated with
the subdivision improvement agreement for Tract Map 28966 by granting an extension
of time for completion of subdivision improvements.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council does hereby approve an extension of time to June 18,
2017, for completion of subdivision improvements for Tract Map 28966, Agreement No.
4814.
ADOPTED this 16th day of March, 2016.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
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Resolution No.
Page 2
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 March 16, 2016, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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