HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 2.N.Citv Council Staff Report
Date: October 7, 2015 CONSENT CALENDAR
Subject: APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE
PROPERTY LOCATED 2425 TUSCAN ROAD IN ACCORDANCE WITH
TITLE 15 OF THE PALM SPRINGS MUNICIPAL CODE
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The requested action will approve an exemption to the requirement to connect to the
public sewer system in accordance with Chapter 15.14.010 of the Palm Springs
Municipal Code.
RECOMMENDATION:
Approve an exemption to the requirement to connect to the public sewer system for the
property located at 2425 Tuscan Road, in accordance with Chapter 15.14.010 of the
Palm Springs Municipal Code, and Resolution No. 20650 — subject to a requirement to
execute a Sewer Covenant obligating connection to the public sewer when available in
the future.
STAFF ANALYSIS:
According to Riverside County Assessor information, the existing residential structure
on the property located at 2425 Tuscan Road was constructed in 1951, and is currently
provided with sanitary sewer service by an existing privately maintained septic system.
The existing septic system has failed, and in accordance with subsection (b)(4)
"Exemptions" of Section 15.14.020 "Connection of Existing Buildings," of the Palm
Springs Municipal Code (PSMC), a requirement to connect the property to the public
sewer occurs at the time a septic system fails. The code states:
ITEM NO.� M_
City Council Staff Report
October 7, 2015 - Page 2
2425 Tuscan Road Sewer Connection Exemption
Existing buildings with private sewage disposal systems previously exempted from
connection to the public sewer under this chapter shall be required to connect to the
public sewer when public sewer is available within 500 feet of the property to be served
and either of the following conditions occurs: (i) the private sewer system fails, or (ii)
expansion or reconstruction of the private sewer systems is necessary, provided no
conditions for exemptions contained in this chapter have been met.
A location map is provided below and a Vicinity Map is included as Attachment 1.
LOCATION MAP — 2425 TUSCAN ROAD
The nearest public sewer is located in Racquet Club Road, approximately 350 feet north
of the property; therefore, in accordance with PSMC 15.14.020(b)(4), upon failure of the
septic system at this property, the property owner is obligated to connect to the public
sewer. However, PSMC 15.14.020(b)(2) provides for a subsequent exemption to the
requirement to connect to the public sewer, and states:
02
City Council Staff Report
October 7, 2015 - Page 3
2425 Tuscan Road Sewer Connection Exemption
An exemption may be granted by the city council in any case (in the sole judgment of
the council) as to an existing building where unusual topographical or other terrain
conditions exist which make the connection to the public sewer impractical,
unreasonable, unfeasible or impose extreme economic hardship upon the property
owner if he is required to connect such building to the public sewer system. It shall be
the responsibility of the applicant for such exemption to provide to the city council such
data or proof as the council deems necessary, including, but not limited to, engineering
cost estimates and feasibility reports, to substantiate any such application.
The property owner has requested relief from the obligation to connect to the public
sewer on the basis of the cost to extend a new sewer main in Tuscan Road to Racquet
Club Road; a copy of the request for exemption is included as Attachment 2.
To clarify an "economic hardship," on July 2, 2003, the City Council adopted Resolution
No. 20650 re-establishing guidelines for the exemption of residential properties from
connection to the public sewer system pursuant to Chapter 15.14 of the PSMC, and
implementing adjustments to the prior exemptions to exceeding $4,776 for on -site
sewer connections, or exceeding $7,960 for off -site sewer extensions, with annual
adjustments in accordance with the Engineering News Record Construction Cost Index.
Currently, to quality for an "economic hardship' exemption, costs must exceed $6,304
for on -site sewer connections, or $10,507 for off -site sewer extensions. A copy of
Resolution No. 20650 is included as Attachment 3. As indicated in the request letter,
the owner has obtained an independent cost estimate of $141,200 as the total cost to
connect to the public sewer system, which exceeds the current amount to qualify for an
"economic hardship."
Therefore, pursuant to City Council policy established by Resolution No. 20650 in
implementing the exemption authorized by Chapter 15.14.020 of the PSMC, the City
Council may grant an exemption to the requirement to connect to the public sewer
system for the property located at 2425 Tuscan Road. Staff is recommending that as a
condition of the granting of the exemption, that the property owner be required to
execute a Sewer Covenant obligating the property to connect to the public sewer when
it is directly available to the property.
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. According to Section 15378(b), 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.
03
City Council Staff Report
October 7, 2015 - Page 4
2425 Tuscan Road Sewer Connection Exemption
FISCAL IMPACT:
There is no fiscal impact associated with this requested action.
SUBMITTED
Prepared by:
1I
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Approved by:
David H. Ready, Esqg:Fff.6
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Letter from Homeowner and Construction Contract
3. Resolution No. 20650
04
Attachment 1
05
Department of Public Works and Engineering
Vicinity Map
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Attachment 2
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Acitak
PUMPING INC.
-FOR QUALITY -
SEPTIC TANKS - SEEPAGE PITS - SEWER CONNECTIONS
COMMERCIAL & INDUSTRIAL PUMPING
7361 Wamego Trail, Yucca Valley CA 92284
P 0 Box 664 Yucca Valley, CA 92286-0654 - Tel (760) 365-0861 - Fax (760) 365-1321
State Contractors Lib No 436154
Date: 109108/2015 1
Name IEmee Olarte-Foussard Bill to {Emee Olarte-Foussard
Address. 12425 N.Tusacan Road 1 Address
Town Palm Springs Town.
Action., or assigns, first party, and
JEmee Olarte-Foussard
, second party, or authorized agent, agree as follows
1 First party to secure the necessary permits from the properauthonses and to perform the heremaffet described work m a good wQ*maNlke manner
2 Second parry, on the completion of said work and approval thereof by the Inspector agrees to pay for said work the amounts neremaher stated
3 First parry shall furnish all labor and material and do the folbwmg described work at the above job location
APN. 1504-182-013 1
Contract Terms
Price breakdown as follows
'Pipe/Fittings
"Manholes
'Cast Iron covers with concrete apron
"Excavating Services
"Rock Screening
"Asphalt removal and repaving
"Steel Plates/Shoring
"Dirt Import
"Misc Labor[Traffic Control Delineation
RE Sanitary Sewer Extension
$10 000 00
$5.000.00
$3,000 00
$15,000.00
$5,000-00
$50,000,00
$5,000.00
$10,000 00
$19,800, 00
Total. $122,800.00
11111
Cont. Contract Terms,
Note There is an allowance up to $10.000.00 In engineering and permit fees
`Anything additional will be applied to contract. Initial for Approval.
Crew will be equipped with safety vest and hard hats at all times
Contract breakdown cannot be itemized Work must be performed as a whole
We will provide certified payroll Crew to earn a PW
ALL MATERIALS ARE OF THE HIGHEST QUAILITY-NO INFERIOR PRODUCTS ARE USED.
Note Our crew and equipment are properly Insured and bonded. Drivers and labors are listed in the TruSST Team
Drug and Alcohol Screening Program
Action Pumping, Inc. or its crew Is NOT responsible for any damage or breakage of unmarked Unities/Sprinklers/Irrigation pipes/PVC Water
Lines, etc., that may be in area of installation work This contract is good for 30 days from above date
For the Sum of
10ne Hundred Thirty Two Thousand and 001100---
1$132,000.00
4 Second party agrees to pay the above price for said work immediately upon completwnr and to pay interest thereon at the rate of 10% per month if not paid within thirty days
from complebon If this contract is placed in the hands of an attorney for cohecbon, or if suit is filed Marmon or if a mechanics lien is recorded hereunder, second party agrees
to pay a reasonable attorneys tee, which shall not w less than ten percent of Me amoant due
5 This contract is subject to the approval of the health department or agency of controlling area
6 This Contract rs subject to stakes accident. eda or demands of the ymemment and other cauees of delay twyond the contra of the first party
T first paid shell not be bound by any agreement or represenWLons not nt
coained m tins agreement which second party admits he has •mad and understands
8 Three -Day Cancellation Period The law requires a contractor to give you written notice of your right to cancel a contract within three business days of signing Pt. provided
that it was solicited at some place other than the contractor's place of business or appropnmm trade premises (your home, for mstancel Use those three days to review the
contract again if something botlMrs you, don't be afraid to clinical the contact If you do tenet by all means call the contractor,, Men make sure your canceabon tim wring
Sending the cancellation to Me contractor by registered mail will give you a record d its mailing date and of rts receipt by the contractor Thereafter you can work out the
problem with your contractor and sign a new contract or you can get a different contractor if you prefer If you have any concerns see and attorney fight away Make sure ad
the contrad terms are in wring and Mat you understand and agree to everything in the contract
Second Party X
jEmee Olarte-Foussard
NO CONTRACT
Approved
/Sld
J son Mahaffe /
UNTIL APPROVED v
09
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AAC
PUMPING INC.
-FOR QUALITY -
SEPTIC TANKS - SEEPAGE PITS - SEWER CONNECTIONS
COMMERCIALS INDUSTRIAL PUMPING
7361 Wamego Trail, Yucca Valley CA 92284
P O box 654 Yuma Valley, CA 92286-0654 - Tel (750) 365-0661 - Fax 1760) 365-1321
Stale Contractors Llc No 436154
Date 109/08/2015
Name. jEmee Olarte-Foussard I Bill to jEmee Olarte-Foussard
Address. 12425 N. Tusacan Road Address 12425 N. Tusecan Road
Town (Palm Springs I Town IPalm Springs
Action, or assigns, first party, and
jEmee Olarte-Foussard
, second party, or authorized agent, agree as follows
1 Prat party, to secure the necessary permits from the proper aulhonbes and to Perform the here,nafter described work m a good workmanlike manner
2 Second party, on the complebon of sad work and approval thereof by the Inspector, agrees tc pay for sad Work the amounts heremafter stated
3 Fvst party shall furmsh all labor and material and do the following descried work at the above job locahon
APN 1504-182-013 1
Contract Terms:
Scope of work
'Pump out, backfill and abandon cesspool
'Excavate
'Make necessary 4" ABS Sch 40 connections to plumbers stub out
`Provide (2) threaded plug clean outs with Traffic Box marked "Sewer"
'Furnish with the required City of Palm Springs Instillation permit
'Backffll around pipe with compacted sand (Remove all rocks from possible damage)
'Rake up extra spoils
RE: Sewer Lateral Connection
11
Action Pumping, Inc or Its crew is NOT responsible for any damage or breakage of unmarked Utilities/Sprinklers/Irrigation pipes/PVC Water
Lines, etc that may be in area of installation work. This contract is good for 30 days from above date
For the Sum of:
Wine Thousand Two Hundred Dollars and 00/100--- 1$9,200.00
a Second party agrees to pay" above price for said work immediately upon compleaon, and to pay interest Morton at the rate of 1o%per month it not paid within thirty days
from completion if this contract is placed in the hands of an attorney for collection, or R suit is filed thereon or if a mechanics hen is recorded thereunder second party agrees
to pay a reasonable attorneys fee which shall not be less than ten percent of the amount due
5 This contract is subject to hie approval of the health department or agency of controlling area
6 This contract is subject to strikes, awdenls, acts or demands of the government and ome, causes of delay beyond the pontrol of fie first party
7 First party shall not be Ispund by any agreement or representations cot contained in this agreement which second parry admits he has read and understands
a Three -Day cancellation Period The law requires a contractor to give you written notice of your right to cancel a contract within three business days of signing it provided
that it was sohoted at some place other Man the contractor's place of business or appropriate trade premises (your home for instance) Use those three days to review the
contract again If something bothers you, don't be afraid to cancel the contract If you do parcel by all means call the contractor, then make sure your cancelation is in writing
Sending hie cancesaton to the contractor by registered mail will give you a record of its mailing date and or its receipt by the contractor Thereafter, you can work out the
problem with your contractor and sign a new contract or you can get a different contractor if you prefer If you hire any concerns, see and atorney right away Make sure all
the contract terms are in writing and that you understand and agree to everything in the contract
Second Party X By /den
0IEmee Olarte-Foussard IPre t- Jason Mahaffe /
I
NO CONTRACT BINDING TIL APPROVED
Approved.
12
Attachment 3
13
RESOLUTION NO. 20650
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REPEALING
RESOLUTION 15188 AND RE-ESTABLISHING
GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL
PROPERTIES FROM CONNECTION TO PUBLIC SEWER
PURSUANTTO CHAPTER 15.14 OF THE PALM SPRINGS
MUNICIPAL CODE.
WHEREAS, the City Council of the City of Palm Springs, Califomia, by Resolution No.
11248 adopted November 20, 1974, established a policy requiring all then existing
buildings and all buildings to be built thereafter, if such buildings contained plumbing, to
be connected to public sewers; and
WHEREAS, said resolution refers to an ordinance of the City implementing such policy,
such ordinance being Ordinance No. 982, adopting Chapter 15.14 of the Palm Springs
Municipal Code; and
WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain
provisions for exemption from such connection to public sewer, and
' WHEREAS, the City Council of the City of Palm Springs, California, had previously
adopted by Resolution, guidelines to regulate the granting of said exemptions; and
WHEREAS, the City Council of the City of Palm Springs, Calforria, now desires to adopt
by Resolution, guidelines to regulate the granting of exemptions pursuant to said Chapter
15.14 of the Palm Springs Municipal Code,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs,
California, as follows:
1. Resolution 15188 previously approved on August 15, 1984 is hereby repealed,
2. The general policy stated in Resolution No. 11248, requiring that all existing or
future buildings now or hereafter containing plumbing be connected to the public
sewer system is continued in full force and effect, the purpose of this resolution
being only to establish guidelines for exemptions therefrom.
3. Each of the exemptions stated in Ordinance 982, including without limitation the
exemptions provided in Section 15.14.010 and 15.14.020, introduced
simultaneously with the adoption of said Resolution No. 11248, and thereafter
enacted into law, are continued in full force and effect.
' 4. The condition that "...unusual topographic or other terrain conditions exist which
make the connection to the public sewer impractical, unreasonable, unfeasible or
impose extreme economic hardship upon the property owner if he is required to
connect such building to the public sewer system..." is deemed to be met if the
following circumstances shall be found to exist: f
14
Resolution No, 20650
Page 2
a) If the cost of on -site sewer construction and connection, exclusive of sewer
facility fee, shall exceed the sum of $4,776 per dwelling unit or such
greater sum as shall hereafter be determined by resolution of the City
Council; or
b) If the cost of sewer main construction, In the event no sewer main exists in
proximity to said property, shall exceed $7,960 per dwelling unit, or such
greater sum as shall hereafter be determined by resolution of the city
council.
The amounts in "a)" and "b)" above shall be adjusted annually in accordance with the
Engineering News Record Construction Cost Index.
Adopted this 2nd day of .July 2003.
AYES: Members Mills, Oden, and Mayor Kleindienst
NOES: None
ABSENT: Members 'bodges and Reller-Spurgin
ATTEST:
By
City Clerk
REVIEWED AND APPROVED
CITY OF PALM SPRINGS, CALIFORNIA
City Manage
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