HomeMy WebLinkAbout10/7/2015 - STAFF REPORTS - 1.A.Citv Council Staff Report
Date: October 7, 2015 PUBLIC HEARING
Subject: A PUBLIC HEARING TO CONSIDER APPROVAL OF A SEWER
CONSTRUCTION REFUND AGREEMENT WITH CHRISTOPHER
MEYERS FOR A PUBLIC SEWER LINE EXTENSION IN CANTINA WAY
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
The City has an established policy for sewer refund agreements dating back to 1980,
which allows for reimbursements to developers for extending public sewers. The policy
requires that a reimbursement agreement be prepared to identify the total costs of the
sewer line extension, the properties benefitting from the sewer line extension, and the
reimbursements due from each benefitting property. City Council approval of the
reimbursement agreement requires consideration at a noticed Public Hearing.
RECOMMENDATION:
1) Open the Public Hearing and receive public testimony; and
2) Approve Agreement No. , a Sewer Construction Refund Agreement with
Christopher Meyers for a public sewer line extension in Cantina Way; and
3) Direct the City Clerk to record the Sewer Construction Refund Agreement with
the Riverside County Recorder.
STAFF ANALYSIS:
History
On August 6, 1980, the City adopted Resolution No. 13487, a Resolution "establishing a
policy for reimbursement of costs for installation of all types of off -site improvements."
As cited in the Resolution, the City identified certain facts:
ITEM NO. I
City Council Staff Report
October 7, 2015 - Page 2
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
• There is a need for additional off -site improvements beyond the boundaries of a
particular building site in many instances;
• The City in many instances for the public good installs off -site improvements across
the frontage of vacant lands which are properly the financial responsibility of those
vacant lands.
As a result, the City declared the following policy relative to reimbursement of costs for
installation of all types of off -site improvements:
• A reimbursement agreement may be authorized in order to collect for the cost of
installation of off -site improvements when installed beyond the boundaries of a
project site by a private developer;
• Notice of intention to enter into such agreement shall be given to the owner of each
parcel of property to be charged with the cost of such improvements, and each such
owner shall be given an opportunity to be heard as to:
1) The necessity of installation of such improvements prior to such owner's
development of his property;
2) The necessity for such installation by any party other than such owner;
3) The reasonableness of the costs of such improvements; and
4) Any other matters reasonably related to such reimbursement agreement and its
effect upon such owner's property.
• The reimbursement agreement shall include a sufficient legal description of each
parcel of real property to be charged with such costs, and shall be recorded in the
Office of the County Recorder of Riverside County.
On October 15, 1986, the City adopted Resolution No. 16031, and reaffirmed its policy
for reimbursement of costs associated with off -site improvements, clarifying the scope
of improvements to be considered for reimbursement and the procedure for establishing
a reimbursement agreement.
In 1984, the City was completing extension of public sewers through most of the City.
Extension of sewers to all properties was a condition of state grant funds received in
1976 for expansion of the City's wastewater treatment plant. Assessment Districts were
established to facilitate payment to the City for its cost to extend public sewers to all City
properties. At that time, many owners petitioned the City to be exempt from the
mandatory requirement to connect to the sewer system given the high construction cost
for sewers in hillside areas.
On August 15, 1984, the City adopted Resolution No. 15188 which allowed for
exemptions to the mandatory requirement to connect to the public sewer, if the costs
associated with the on -site sewer connection exceeded $3,000; or, if the costs
associated with the off -site sewer extension exceeded $5,000. On July 2, 2003, the
City adopted Resolution No. 20650 which adjusted the prior exemptions to $4,776 for
on -site sewer connections, or $7,960 for off -site sewer extensions, with annual
adjustments in accordance with the Engineering News Record Construction Cost Index.
92
City Council Staff Report
October 7, 2015 - Page 3
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
Currently, (as of September 2015) exemptions are $6,483 for on -site sewer
connections, or $10,805 for off -site sewer extensions.
Generally, the City's Building Codes require a property to connect to the public sewer at
the time a building permit is issued for new construction, or if the existing on -site septic
tank system fails or requires expansion. However, mandatory connections are
exempted if the public sewer is more than 500 feet away, or if the costs for on -site
connection or off -site extension exceed the amounts previously identified. As a result, a
part of the residential area of Cantina Way, located west of S. Palm Canyon Drive, did
not have public sewers and the existing homes operated with individual on -site private
septic tanks.
Sewer Refund Agreement No. 2775 on Cantina Way
On September 25, 1989, the City Council approved a Sewer Construction Refund
Agreement (Agreement No. 2775) with Ron Gilbreth related to his construction of a
sewer extension mainline to his home located at 2340 Cantina Way identified by
Assessor's Parcel Number (APN) 513-430-012, (depicted as a red line in Figure 1).
Although the sewer extension in Cantina Way benefits all of the properties located on
Cantina Way, Agreement No. 2775 was limited to and only effects the properties
identified by APN 513-430-040, 513-430-001 (now 513-430-049), 513-430-011, and
513-430-019 as those properties that would directly benefit from (and can connect to)
the sewer extension, and have an obligation to reimburse Ron Gilbreth for their fair
share of the cost of the sewer extension.
Agreement No. 2775 provides for the reimbursement of the total cost ($121,976.19) of
the original sewer extension performed by Ron Gilbreth, less that portion considered the
fair share for the property owned by Ron Gilbreth ($13,529.27). Ron Gilbreth may only
recover the remaining amount ($108,446.92) at the time the benefitting lots referenced
in Agreement No. 2775 connect to the sewer, at which time the Building Department will
include the appropriate assessment listed in the agreement as an additional charge on
the sewer connection permit.
On September 2, 1998, the City Council approved Amendment No. 1 to Agreement No.
2775 with Ron Gilbreth, which added the property identified by APN 513-430-018 to
those lots directly benefitting from the original sewer extension in Cantina Way, and
recalculated the reimbursement fees based up to the buildable proportional areas of the
benefitted property owners. At that time, the property identified by APN 513-430-018
connected to the public sewer in Cantina Way, and Ron Gilbreth received
reimbursement of that property's fair share reimbursement (noted as $27,111.73)
leaving $81,335.19 of the original cost yet to be reimbursed.
03
City Council Staff Report
October 7, 2015 - Page 4
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
On November 14, 2000, the City Council approved Amendment No. 2, to Agreement
No. 2775 with Ron Gilbreth, which further clarified Agreement No. 2775 by citing that
additional lots "may be added to the Agreement' and clarifies the redistribution of the
remaining construction fees of those lots that "seek to connect by lateral'.
A copy of Agreement No. 2775, as amended, is included as Attachment 2.
Sometime in 2000, a new single family residence was constructed on the property
located at 2401 Cahuilla Hills Drive, and the property was connected to the public sewer
in Cantina Way via a private sewer lateral extension over adjoining property. The
property located at 2401 Cahuilla Hills Drive was not originally part of Agreement No.
2775, however, Amendment No. 2 allowed for redistribution of reimbursements in the
event a property was connected to the sewer main by laterals, as was the case for this
property. Staff at that time redistributed the fair share reimbursements and determined a
reimbursement of $20,333.75 due to Ron Gilbreth for connection of the property located
at 2401 Cahuilla Hills Drive, leaving a reimbursement balance due of $61,001.44.
On December 1, 2000, a Memorandum issued by the Public Works and Engineering
Department to the Building Department noting the redistribution of reimbursements and
the remaining amounts owed. A copy of the Memorandum is included as Attachment 3.
It must be noted that the total reimbursement amount in Agreement No. 2775 owed to
Ron Gilbreth is limited to the original construction cost of $121,976.19 less fair share
reimbursements paid to date leaving the balance of $61,001.44. Although additional
properties may directly or indirectly connect to the original sewer extension in Cantina
Way, there may only be a redistribution of the remaining reimbursement of $61,001.44,
and the net total to Ron Gilbreth cannot increase.
Ron Gilbreth has since sold the property he owned identified by APN 513-430-012, and
the current property owner is claiming rights to reimbursements of the remaining fair
share costs yet paid pursuant to Agreement No. 2775. It should be noted that there are
no provisions in Agreement No. 2775, as amended, that would transfer any rights in the
Agreement to any successors or assigns of Ron Gilbreth, including future owners of the
property owned by Ron Gilbreth at the time he performed the sewer extension.
04
City Council Staff Report
October 7, 2015 - Page 5
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
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Properties affected by Sewer Refund Agreement No. 2775
Properties affected by Sewer Refund Agreement with Christopher Meyers
FIGURE 1
n5
City Council Staff Report
October 7, 2015 - Page 6
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
Proposed Sewer Refund Agreement with Mr. Christopher Meyers
In 2014, Christopher Meyers, the owner of the property located at 2353 Cantina Way,
identified by APN 513-430-017, elected to construct a new extension of the public sewer
in Cantina Way, beyond that original extended by Ron Gilbreth, to allow connection to
the public sewer. Prior to initiating the public sewer extension, Mr. Meyers visited the
Public Works and Engineering Department to confirm that Agreement No. 2775 did not
apply to the five remaining properties located on Cantina Way (identified by APN 513-
430-013 through 513-430-017, highlighted in yellow in Figure 1. After reviewing
Agreement No. 2775, as amended, staff confirmed the five remaining properties were
not part of Agreement No. 2775, and further determined that the additional sewer main
line extension was not considered a "lateral" connection, and therefore, by Mr. Meyers
extending the sewer in Cantina Way would not cause these five properties to be subject
to Agreement No. 2775.
Mr. Meyers has completed the sewer main line extension (depicted as the green line in
Figure 1) to the end of Cantina Way to benefit the remaining five properties, pursuant to
City approvals. The sewer extension was accepted by the City Engineer on December
3, 2014, as a part of the City's public sewer system.
On December 23, 2014, Mr. Meyers submitted a formal request to the City for a sewer
construction refund agreement for the off -site sewer line extension in Cantina Way and
submitted a full accounting of the costs for the extension. City staff has reviewed the
accounting of costs, copies of invoices and agreements, and other related documents
and has determined the reimbursement cost directly related to the off -site sewer line
extension in Cantina Way, (excluding any on -site sewer construction or other
development costs), to be $113,115.18.
Staff conferred with the City Attorney who has confirmed with staffs prior determination
that Agreement No. 2775, as amended, does not apply to the sewer extension
completed by Mr. Meyers, and reimbursement of costs associated with this sewer
extension shall be segregated from the original sewer line extension as a separate
agreement.
Benefit Area Spread of Cost
The City has identified five properties located on Cantina Way which directly benefit
from the sewer line extension in Cantina Way completed by Mr. Meyers. The individual
assessments to the benefitted properties for the off -site sewer line extension in Cantina
Way will be collected at the time building permits are issued for connection of these
properties to the public sewer system.
The benefit area is identified by the area highlighted in yellow in Figure 1, and is defined
on Exhibit "B" (Boundary Map) of the proposed Sewer Construction Refund Agreement
with Christopher Meyers, included as Attachment 4. The off -site sewer line extension
v�i
City Council Staff Report
October 7, 2015 - Page 7
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
cost in Cantina Way is equitably spread to each property which directly benefits from
the sewer line extension.
On May 21, 2015, the City mailed a draft copy of the Sewer Construction Refund
Agreement to all benefitting properties, and scheduled a property owners meeting for
July 27, 2015. The property owners meeting was held, and attendance was limited to
Mr. Meyers, and staff discussed the issues related to the proposed agreement. On
September 10, 2015, a letter, which included the final proposed sewer construction
refund agreement, was mailed to all benefitting properties. The letter also provided the
required legal notice of the Public Hearing scheduled for October 7, 2015; a copy of the
notice is included as Attachment 5.
FISCAL IMPACT:
Approval of the sewer construction refund agreement establishes terms for payment of
the individual assessments, which are paid by the benefitted property owners to the
City, and then reimbursed to the developer. A total cost of $113,115.18 was paid by Mr.
Meyers for extension of public sewer which is being equitably spread to the five
benefitting properties as follows:
1 513-430-017
2 513-430-016
3 513-430-015
4 513-430-014
5 513-430-013
TOTAL:
$22,623.04
$22,623.04
$22,623.04
$22,623.04
$22.623.04
$113,115.20
2353 W.
Cantina Way
2290 W.
Cantina Way
2300 W.
Cantina Way
2320 W.
Cantina Way
2332 W.
Cantina Way
Mr. Meyers' personal residence is identified by property #1, APN 513-430-017, located
at 2353 W. Cantina Way, and the fair share reimbursement of $22,623.04 is excluded
from the total reimbursement otherwise due. For the purposes of this Agreement, a
total reimbursement due of $90,492.16 will be established.
Payment of the individual assessment by benefitted property owners is required at the
time a permit is applied to connect to the public sewer system. The assessment is not
paid, nor is any requirement to pay the assessment imposed until such time that a
request is made for a sewer connection permit. The City reimburses the developer only
if, and when, the City collects payments from the benefitted property owners at the time
a sewer connection permit is issued. The agreement does not impose any obligation on
the City to pay in advance, with any of its own funds, the reimbursement amount.
C7
City Council Staff Report
October 7, 2015 - Page 8
Public Hearing: Sewer Construction Refund Agreement — Cantina Way
SUBMITTED:
Prepared by:
V V!/r' , um /
Marcus L. Fuller, MPA, P.E., P.L.S.
Assistant City Manager/City Engineer
Approved by:
David H. Ready, Esq,—
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Agreement No. 2775 with Amendments 1 and 2
3. Memorandum of Redistribution of Assessments
4. Agreement
5. Notice of Public Hearing
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ATTACHMENT 1
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Department of Public Works and Engineering
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Department of Public Works and Engineering
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ATTACHMENT 2
11
Ron Gilbreath - Sewer Reimb.
676' installed in Cantina Way
AGREEMENT #2715
R16917, 10-4-89
SEWER CONSTRUCTION REFUND AGREEMENT BETWh-EW----`--
THE CITY OF PALM SPRINGS, CALIFORNIA, AND
RON GILBREATH
SEWER AGREEMENT NO. .p 7 74;-
THIS AGREEMENT made and entered into this 25th day of
Seois=ber , 19 89 , between the CITY OF PALM SPRINGS, CALIFORNIA, a
municipal corporation, hereinafter called the CITY, and RON GILBREATH,
hereinafter called the developer.
WHEREAS, the DEVELOPER is, at the time of this agreement, the owner
of Parcel No. 513-430-012 as shown on Assessor's Map, Section 27, Township
4 South, Range 4 East, San Bernardino Base and Meridian, delineated on the
plat "Sewer Construction Refund Agreement" attached hereto, marked Exhibit
"A", and hereby made a part
WHEREAS, the CITY has established a policy for sewer refund agreements
and contributions for oversize sewer by City Council Resolution No. 13773
dated April 15, 1981, which by reference is hereby made part of this agreement;
and
WHEREAS, said sanitary sewers have been dedicated to public use by the
DEVELOPER, and have been accepted by the CITY; and
WHEREAS, the DEVELOPER has submitted a financial statement of construction
costs for said sewers from:
DOLAN CONSTRUCTION CO., INC., Dated Sept. 12, 1989
copies of which are attached hereto, and marked "Exhibit "B", and made part
of this agreement; and
WHEREAS, the DEVELOPER, in accordance with the before mentioned Council
proportion to the frontages of Parcels 513-430-001, 613-430-040, 513-430-011
513-430-012 and 513-430-019, as shown on Exhibit "A".
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that for and in consideration
of the mutual covenants indicated between the CITY and the DEVELOPER, it
is hereby agreed that developers, owners, or lessees of lots shown on Exhibit
"A" abutting said sewer shall pay to the CITY the amount shown herein, plus
sewer connection charges in effect at such time prior to a permit being issued
for connection to said sewer. Upon receipt of such payment CITY shall pay
to DEVELOPER the amount shown herein.
The Assessment for Parcels is hereby established:
$126.643 per front foot including laterals
ASSESSORS 90.
FRONTAGE
ASSESSMENT COST
513-430-001
335.53
FT.
$ 42,492.52
513-430-040
426.99
FT.
$ 54,075.29
513-430-011
50.00
FT.
$ 6,332.15
�i2-430-03 b«(°Pef
106.83
FT.
13,529.27
513-430-019
43.80
FT.
$ 5,546.96
963.15
FT.
$121,976.19
IN WITNESS WHEREOF, the CITY
and the
DEVELOPER have hereunto caused these
presents to be executed the day
and year
first
above mentioned.
ATTEST:
(N
By/
ON ILBREATH
ATTEST:
ITY OF PALM SPRINGS, CALIFORNIA
1 %
BY
City Clerk
GENERAL ACKNOWLEDGMENT
f ,,C ty Manager
NO. M1
t State On this the H,-Yay of l�/� �'iTuA J,19, before me,
County of C4.19
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Ron Gilbreath - Sewer Constr
Refund - Cantina Way
AGREEMENT 2775 - Amended
R19345. 9-2-98
4.29707
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Recorder(�
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AMENDED SEWER CONSTRUCTION REFUND AGRE ihaiN 1'BEPWEEN
nIE CITY OF PALM SPRINCK CALIEORMA AND RON 0LBREATH
SEWER AGREEMENT N0. c27 7S
J1A ,
THIS AMENDED AGRE BEM made and entered law this 2nd day of September, 1998, between
the CITY OF PALM SPRINGS, CALIFORNIA, a municipal corporation, htereinefter called the CITY,
and RON GILBREATIT, hereinafter celled the DEVELOPER.
WHEREAS, the CITY has established a policy for sewer re6nd agreements and contnbutions for
oversize sewer by Cry Council Resolution No. 13487 dated August 6, 1980 and Resolution No.
16031 dated October 15, 1986, which by inference are hereby made a pact ofthtis agreement, and
WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775
("AGREIRMNP) per City Council Resolution No, 16917 dated October 4, 1989; and
WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No 513430-
0h2, delineated on the plat "Sawa Consuutdon Refied Agreement' actacted hereto. marked Exhibit
"A", and hereby made a part; and
WIRREAS, the sanitary servers that ant the subject of the AGREEMENT (Off -Site Sewers) have
been dedicetedto public use by the DEVELOPER, and have been accepted by the CITY, and
Wf3EREAS, the.= has determined that benefit from the construction. of the Off -Site Sewn will
accrue to pmperti s connecting to the Off -Site Sewer (PARCELS"); and
WHEREAS, the AOREEMENT asfa6Galed assessnmts against petoals benefited by the construction
of the Off -Site Sewers, based on a formate whereby the number of each Parcd's hioraW on Centime
Way was multiplied by $ t26.643 per from foot including laterals; and
WIdF3tEA5, the method by which the asseasmerds under the AGREEMENT were distributed to the
Pared& was disproportionate to the banalits derived by the Parcels, based on each perod'a buildable
square footage, float the construction ofthe Olf-She Sewer across the Parcel f rtaget, and
WHEREAS, the CETY had determined that said benefit will be in direr proportion to Parcel Nos
513A30-040, 513-430.001, 513-430411, 513-430.919, and 513-43MIE, as sbovm on Exhibit, "A' i
and
WFLEREM, it is in the best interests of the DEVELOPER and the CITY to amend the
A(MEE[v EM to provide for a more equitable apportionment of construction costs for the Off-Slro
Seaver to prepeties benefiting from the construction of the Off -She Sewer, end
NOW, THEREFORE, THIS AMENDED AGREEMENT WITNESSETH that for good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the
mutual covenants indicated between the CITY and the DEVELOPER, it is hereby agreed that:
SECTION 1. Asseastmems Developers, owns, or lessees of lob shown on Exhibit "A" abut*
Off -She Sewers shall pay to the CITY the amount shown hercin, plus sewer Connection charges in
efer:t at such time prior to it permit being iasred for connection to the Off -She Sewers. Upon receipt
oratchpaymanCrrYshall pay DEVELOPER thesuaountshe=hum
17e Assessment for Parcels is hereby established:
15
429707
ASSESSOA'SNO.
ASSESSMENT CO
1. 513A30440
$ 27. 111.73
1 $13.430.001
$27, 11I.73
3, 513-43MIl
$ 13,555.87
4. 513430.019
$13,555.87
5. 513r M18
7,t1173
$108,446.92
Tue above assessments represent a proportionate redistribution ofthe costs of the construction of the
Off -Site Sewers based on each Parcel's buildable square footage. As to Parcel Nos. 3 and 4 referenced
above, the redistributed assessments were offset by a portion of the additional costs for the aecessety
canstmation of a lateral to effect connection to the Off -Site Sewer.
SEC ION2. No Representations CITY makers no representation as to when, if ever, it will
receive the above costs assessed on the Parcels.
SECTION3. Amendment The parties hereto mutuIIy agree that this Amendment may be
amended at any time by the mutual consent of the parties by an instrument in writing.
SECTION 4. ]mearatioa It is understood that there are no oral agreements between the parties
hereto affecting tbis Agreement and this Agreement supersedes and cancels any and all previous
eegodations, arrangenrcnts, agreements and understandings, if any, between the parties, and none shall
be used to interpret this Agreement. Any resolutions or actions of the Council inconsiwith the
foregoing are hereby recinded to the aetem of their inconsistelrey.This Amendment incorporates all the
understandings of the parties.
SECTION 5. Recordation The City Clerk shell record this AMENDMENT in the Recorder's
Office of the County afRiverside, Califoraia.
IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents to
be =cited the day and year facet above mentioned.
ATTMSST: / J ,., ;0N;&
By/'na"4 VaM TTDVYI
ATTEST; OF *ORNL4,
By
Reviewed and Approved By:
city Attorney
APPROVED GY TrE C17 i kZ' .,,,M
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SITE PILO
VICINITY MAP
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EXHIBIT "A"
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SQWUR RRFUND AQRSU MNT PLAT
17
DOC let 2000-469125
FREE RECORDING REQUESTED BY 11/27/2000 00;00A Fos;NC
AND WHEN RECORDED, MAIL TO: Pace t or 7
Recorded in Official Records
CITY OF PALM SPRINGS County or otds
Cary L.. Orsrao
PPalm springs, CA .Q. Box 2743 11 Assessor, II C1owle11y11 Clel+IrkNN d IRRecorder
922G3.2743
A= City Clerk
Ron Gilbreath — Sever Constr
Refxmd
AGgEEKMT #2775 AMMI) i2
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R19926, 10-18 Ol] 1 rae +� oti COP
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A R I l a 1 �Y LONG I PFFlJ,b NCW WM
SECOND AMENDED SEWER CONSTRUCTION REFUND AGREEMENT BETWEEN AG
THE CITY OF PALM SPRINGS, CALIFORNIA AND RON GMBREATH
SEWER AGREEMFNT NO. 4 977
THIS AMENDED AGREEMENT made and entered into this % ay of fjUl4u_�00,
between the CITY OF PALM SPRINGS, CALIFORNIA. a municipal corporation, hereinafter
called the CITY, and RON GILBREATH, hereinafter called the DEVELOPER.
RECITALS
WHEREAS, the DEVELOPER entered into Sewer Construction Refund Agreement No. 2775
("AGREEMENT") per City Council Resotution No. t6917 dated October 4, 1989; and
WHEREAS, the DEVELOPER is, at the time of this agreement, the owner of Parcel No. 513-430-
012, delineated on the plat "Sewer Construction Refund Agreement" attached hereto, marked
Exhibit "A", and hereby made a part; and
WHEREAS, the CITY determined that a more appropriate measure was based on each Parcel's
buildable square footage rather than the construction of the Off -Site Sewers across the Parcel
frontages, and on September 2, 1998 so amended the AGREEMENT; and
WHEREAS, the CITY has further determined that additional lots not listed below can also access
the Off -Site Sewers and may be added to the AGREEMENT; and
WHEREAS, it is in the best interests of the DEVELOPER and the CITY to amend the
AGREEMENT to provide for the redistribution of cost per parcel as additional lets connect to the
113
Off -Site Sewers, thereby providing a more equitable apportionment of construction costs for the
Off -Site Sewers to properties benefitting from the construction of the Off -Site Sewers; and
NOW, -THEREFORE, THIS AMENDED AGREEMENT WTTNESSETH that for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in
consideration of the mutual covenants indicated between the CITY and the DEVELOPER, it is
hereby agreed that:
1. Section 1 of the AGREEMENT shall be amended and superceded by the following:
SECTION 1. Assessments.
(a) Parcels Shown on Exhibit "A", Any developer, owner, or lessee or person
or entity having an interest in the real property (collectively "Applicant") of lots shown on
Exhibit "A" abutting Off -Site Sewers shall pay to the CITY the amount shown herein, plus
sewer connection charges in effect at such time prior to a permit being issued for
connection to the Off -Site Sewers. Upon receipt of such payment CTTY shall pay
DEVELOPER the amount shown herein.
Lot 3 (APN 513-430'018)-paid It's assessment of $27,111.73 on Ian. 24, 2000.
Subject to Section 1(b) herein, the Assessment for Parcels is hereby established as follows:
ASSESSOR'S NO.
ASSESSMENT COST
1. 513-430-040 $27,111.73
2. 513-430-001 $27,111.73
3. 513-430-011 $13,555.87
4. 513430-019 $13,555.87
Assessment Balance
$81,335.00
The above assessments represent a proportionate redistribution of the costs of the
construction of the Off -Site Sewers based on each Parcel's buildable square footage. As to
Parcel Nos. 3 and 4 referenced above, the redistributed assessments were offset by a portion
of the additional costs for the necessary construction of a lateral to effect connection to the
Off -Site Sewer. The above assessments shall be. proportionately reduced upon the
connection of additional lots to the Off -Site Sewer and under the formula set forth in
subsection l(b) below.
IIINIiNIUIII oil INI111111IIIIINiIIIIINII 11a2 7 19
(b) Rzdistnbution Based on Addition of Parcels Not Shown on Exhibit "A".
Should an applicant of a lot not shown on Exhibit "A" seek to connect b lateral to the Off -
Site Sewer, such Applicant shall pay to the CITY the amount pursuant to the formula set
forth in this Section 1(b), plus sewer connection charges in effect at such time prior to a
permit being issued for connection to the Off -Site Sewers. Upon receipt of such payment,
CITY shall pay DEVELOPER the fee paid by such Applicant. The formula for adjustment
of the assessments shall be as follows: The balance -of the Total Assessment Cost -of
$81,335.00 set forth in Section 1(a) above, remaining at the time of the proposed lateral
connection ("Assessment Balance") shall be redistributed equally by the total of (i) the
remaining number of lots included on Exhibit "A" not connected to the Off -Site Sewers as
of the date Applicant seeks the connection with APNs 513430-011 and 513430-019
considered as one lot for this calculation thereby making their individual total assessment
one half of the standard per lot assessment, plus (ii) the number of ExcIuded Parcel(s)
requesting connection.
2. FuIl Force and Effect. Unless specifically amended herein, all terms and conditions of the
AGREEMENT shall remain in full force and effect.
3. Recordation The City Clerk shall record this AMENDMENT in the Recorder's Office
of the County of Riverside, California.
IIIIIIIIIIIIII IIIIIII111II 1111111111111 l Ill I,28112680eeseon 20
3of 7
IN WITNESS WHEREOF, the CITY and the DEVELOPER have hereunto caused these presents
to be executed the day and year first above mentioned.
Cr%Y:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
APPROVED AS TO FORM
_i.yglt.
a municipal corporation
City Manager
DEVELOPER
RON GILBRE
r
Ron Gilbreath
APPROVED BY THE CITY COUNCIL
9/99o?/, io-,o,*
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ATTACHMENT 3
23
C
City of Palm Springs
Engineering Department
3200 Tahquitz Canyon way Eaat
Palm Springs, CA 92262
Phone: (760) 323-8253 Fax: (760) 322-8360
10 1DIO Q:: UI lul
Date: December 1, 2000
To: Angela LaFrance,0Permit Technician
From: Marna Van Horn, Engineering Associate
Subject: Redistribution of Assessments for Gilbreath Sewer
Reimbursement Agreements
Listed below are the redistributed assessments for the parcels.
Assessor's No. Assessment Cosh
1. 513-430-040
2. O� eV 3'13-430-049
3. 513-430-011
4. 513-430-019
$20,333.75
$20,333.75
$10,166.88
$10,166.88
The assessment cost for Riff Markowitz, 2401 Cahuilla Hills Drive, (APN
513-430-003) is $20,333.75 as calculated using the formula in the Second
Amended Sewer Construction Refund Agreement Between the City of Palm
Springs and Ron Gilbreath.
24
ATTACHMENT 4
25
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY
CITY OF PALM SPRINGS
AND WHEN RECORDED MAIL TO:
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
SPACE ABOVE FOR RECORDER'S USE ONLY
CANTINA WAY
SEWER CONSTRUCTION REFUND AGREEMENT
Title of Document
THIS AREA. FOR
RECORDER'S
USE ONLY
26
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION.
SEWER CONSTRUCTION REFUND AGREEMENT
BETWEEN
THE CITY OF PALM SPRINGS, CALIFORNIA AND CHRISTOPHER MEYERS
AGREEMENT NO.
This Sewer Construction Refund Agreement, hereinafter referred to as "Agreement', made
and entered into this day of 12015, is made by and between the CITY OF
PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to
as "City") and Christopher Meyers, (hereinafter referred to as "Developer"). City and
Developer are sometimes hereinafter individually referred to as "Party" and are hereinafter
collectively referred to as the `Parties."
Whereas, the City has established a policy for sewer refund agreements by City Council
Resolution No. 13487 dated August 6, 1980, Resolution No. 16031 dated October 15, 1986,
and Resolution No. 20650 dated July 2, 2003, (hereinafter referred to as the `Resolutions"),
which are attached hereto, marked as Exhibit "A", and hereby made a part of this Agreement;
and
Whereas, the Developer was, prior to this Agreement, owner of the residential property
identified as 2353 W. Cantina Way, and as Assessor Parcel Number 513-430-017,
hereinafter referred to as "Property"; and
Whereas, the Developer completed construction of the Sewer Extension on Cantina Way on
12/03/2014; and
Whereas, the Sewer Extension that is the subject of this Agreement has been dedicated to
the City for public use by the Developer, and has been accepted for public use by the City;
and
Whereas, the City has determined that benefit from the construction of the Sewer Extension
will accrue to other properties connecting to the Sewer Extension, as delineated on Exhibit "B"
identified as "Boundary Map" attached hereto and hereby made a part of this Agreement; and
Whereas, the City has determined that benefit will be in direct proportion to the properties
identified by those Assessor Parcel Numbers identified in Section 1 of this Agreement, and
shown on Exhibit C, attached hereto and hereby made a part of this Agreement; and
Whereas, the Developer, in accordance with the Resolutions, has requested that the Parties
enter into this Agreement to reimburse the Developer costs associated with the Sewer
Extension which directly benefits the properties identified by those Assessor Parcel Numbers
identified in Section 1 of this Agreement, and shown on Exhibit C; and
Whereas, the Developer has submitted a financial statement of construction costs for the
Sewer Extension totaling $113,115.18, as shown on Exhibit "D" (the "Summary of Expenses'),
attached hereto and hereby made a part of this Agreement; and
Whereas, it is in the best interests of the Parties to establish this Agreement to provide for an
equitable apportionment of costs associated with the construction of the off -site Sewer
Extension to properties benefiting from the Sewer Extension.
27
Page 1 of 5
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and in consideration of the mutual covenants indicated between the
Parties, it is hereby agreed that:
SECTION 1. Reimbursements.
Owners of lots identified herein this Section 1, and shown on Exhibit "B", connecting to the
Sewer Extension, and thereby deriving a benefit to such sewer connection, shall reimburse
the City the amount shown herein, and pay the sewer connection fee in effect at such time,
prior to a City Building Permit being issued for connection to the City's public sewer system
via the Sewer Extension. Upon receipt of such payments, City shall pay the Developer the
reimbursement amounts shown herein.
The reimbursement amounts for the 5 parcels identified herein represent a proportionate
distribution of the total cost of $113,115.18 for the Sewer Extension, as follows:
Assessor's
Refund
Parcel No.
Amount
Site
Address
1
513-430-017
$0.00
2353 W.
Cantina Way
2
513-430-016
$22,623.04
2290 W.
Cantina Way
3
513-430-015
$22,623.04
2300 W.
Cantina Way
4
513-430-014
$22,623.04
2320 W.
Cantina Way
5
513-430-013
$22.623.04
2332 W.
Cantina Way
TOTAL:
$90,492.16
Total due to developer = $90,492.14 3
Notes:
(1) This property is owned by Developer and is being excluded from this Agreement.
(2) The total payment is $22,623.04 less than the total cost of the Sewer Extension because payment
for the parcel marked above (513-430-017) is being excluded from this Agreement.
(3) The total assessment collected is $0.02 more than the total cost due to rounding.
SECTION 2 Municipal Code Exemptions.
No provisions within this Agreement shall be construed to imply any requirement upon the
owners of parcels identified in Section 1 or shown on Exhibit C of this Agreement, directly or
indirectly connecting to the Sewer Extension, to a mandatory requirement to connect to the
public sewer system. The exemptions to the mandatory requirement to connect to the public
sewer system, (Palm Springs Municipal Code §15.14.020(b)), shall continue to apply. The
economic hardship exemptions for connection to the public sewer system identified by City
Resolution No. 20650, adopted July 2, 2003, shall continue to apply. Nothing in this
Agreement shall be construed as a requirement of an owner of property identified in this
Agreement to connect to the public sewer system.
SECTION 3. Payment.
Developer's current address is: CHRISTOPHER MEYERS
2353 CANTINA WAY
PALM SPRINGS. CA 92264
Page 2 of 5
Developer shall immediately inform the City Manager if Developer's address changes. Any
payment shall be sent to the Developer at the written address on file with City. If Developer
does not have a written address on file with City, City shall retain any payments for
reimbursement amounts received. Following receipt of any payments under the Agreement,
City will remit such payment to Developer within thirty (30) days of receipt. No interest shall
accrue on late payment.
SECTION 4. Successors.
The right of Developer to receive payment as stated herein shall be transferable to
successors and assigns. Developer shall immediately notify City of any transfer or
assignment of its right to receive payments under the terms of this Agreement.
SECTION 5. Collection.
Developer shall be liable for all costs, expenses, attorneys' fees and other fees incurred by
City in collecting any payments as otherwise provided hereunder the terms of this Agreement.
Before pursuing any legal action to collect payments, the City may demand that the Developer
deposit the reasonable estimated cost of collection, and the Developer shall make said
deposit prior to City taking legal action to collect said payment. The City shall have complete
and absolute discretion in determining whether to pursue legal action to collect a
reimbursement from the owner of property identified herein Section 1 of this Agreement. In
the event the City elects not to pursue legal action to collect a reimbursement, Developer may
pursue available legal remedies to enforce payment of the reimbursement amounts identified
herein Section 1 of this Agreement. The City will cooperate with Developer in any effort to
recover Developer's costs incurred by any action taken pursuant to this Section 5.
SECTION 6. No Representations or Liability.
City makes no representation as to: (a) when, if ever, it will receive payments for the
reimbursement amounts identified herein Section 1 of this Agreement, (b) City's legal liability
to enforce the collection of the reimbursement amounts identified, and (c) changes in the law
affecting the City's ability to collect the reimbursement amounts identified. Due to these
factors, the City shall have no liability whatsoever to the Developer for the collection of
payments for the reimbursement amounts identified herein in Section 1 of this Agreement, or
for the payment of such sums to Developer. Developer acknowledges by executing this
Agreement that the Developer may not receive payment from City of some, or all, of the
reimbursement amounts, and shall not hold the City liable therefore
SECTION 7. Term.
This Agreement shall terminate twenty (20) years from the date first above written, unless
extended by mutual agreement of the Parties. Following termination, City shall have no
further obligation hereunder.
SECTION 8. Amendment.
The Parties hereto mutually agree that this Agreement may be amended at any time by the
mutual consent of the Developer and City and by recordation of an instrument in writing.
Page 3 of 5 29
SECTION 9. Integration.
It is understood that there are no oral agreements between the Parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous negotiations,
arrangements, agreements and understandings, if any, between the Parties, and none shall
be used to interpret this Agreement. Any resolutions or actions of the Council inconsistent
with the foregoing are hereby rescinded to the extent of their inconsistency. This Agreement
incorporates all the understandings of the Parties.
SECTION 10. Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound.
SECTION 11. Recordation.
The City Clerk shall record this Agreement in the Recorder's Office of the County of Riverside,
California.
[SIGNATURES ON FOLLOWING PAGE]
Page 4 of 5 30
IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be
executed the day and year first above written.
ATTEST:
CITY OF PALM SPRINGS, CA
By
City Clerk
Date:
/_1;J;2Z16047c14I[GI I0iTAI
so
City Attorney
Date:
DEVELOPER
CHRISTOPHER MEYERS
CONTENTS APPROVED:
By
City Manager
Date:
By
City Engineer
Date:
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Check one: X Individual _Partnership _Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice
President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief
Financial Officer.
Address: 2353 CANTINA WAY
PALM SPRINGS, CA 92264
0
Signature (notarized)
Name: CHRISTOPHER MEYERS
Attachments 1. Exhibit "A Resolution Numbers 13487, 16031, and 20650.
2. Exhibit "B": Boundary Map
3. Exhibit "C": Assessor's Parcel Map
4. Exhibit "D": Summary of Expenses
Page 5 of 5 31
EXHIBIT "K
32
I-1 01MI I I1G11uly V 1CW rube I w L
RESOLUTION NO. 13487
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ESTABLISHING A POLICY
FOR REIMBURSEMENT OF COSTS FOR INSTALLATION
' OF ALL TYPES OF OFF -SITE IMPROVEMENTS.
WHEREAS the developer of vacant land has the responsibility for
providing off -site improvements to the centerline of adjacent
rights -of -way; and
WHEREAS there is a need for additional off -site improvements beyond
the boundaries of a particular building site in many instances; and
WHEREAS the City in many instances for the public good installs off -
site improvements across the frontage of vacant lands which are
properly the financial responsibility of said vacant land,
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Palm Springs, does hereby declare the following to be.its policy
relative to reimbursement of costs for installation of all types of
off -site improvements:
That a reimbursement agreement may be authorized in order
to collect for the cost of installation of off -site
improvements when installed beyond the boundaries of a
project site by a privm-daveloper or when improvements
have been installed.by the City which are properly the
responsibility of an adjacent property to provide at
the time said property is developed.
That as a condition precedent to the effectiveness of any
such reimbursement agreement, notice of intention to enter
into such agreement shall be given to the owner of each
parcel of property to be charged with the cost of such
improvements, and each such owner shall be given an oppor-
tunity to be heard as to:
1. The necessity of installation of such improve-
ments prior to such owner's development of
his property,
2. The necessity for such installation by any
party other than such owner,
3. The reasonableness of the costs of such improve-
sents,
4. Any other matters reasonably related to such
reimbursement agreement and its effect upon such
owner's property.
1Zalch description reimbursement
f eachparcel ofnt all realnclude propertysto bbcient
charged with such costs. Such agreement shall be recorded
in the Office of the County Recorder of Riverside County,
and a copy thereof shall be mailed to the owner of each
parcel to be charged with such costs.
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J•agc t of 2
iD.
REs. NO. 13487
Page 2
Nothing in this shall he deemed to preclude the farnation
polky
of assessment districts, local improvement districts. mr aRY
other alternative method of affecting the inatallatton of and
payment for such iayravemats.
RMMTD this 5tb day of Avsnst Im.
AYES: Cmavotltmabass IsIxiah, xrald, Orbm , Roam and is yoo Doyle .
IidE 5: owe
ABSEBI; moan
ATTEST: CITY OF PM SMNGs, CALIFORNIA
6 Y \¢s, r
LVQP y city Clem City
MTldvr
MIENED S APMED nAM
I
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Page ] of 1
RESOLI-!lO1h NO. .6C?1
OF THE CTi'Y COTINCIL OF 1`S:A CITY OF PAIN SPKI S
CALIFO.4N11k, AHEi1D!tJG AND uZSVJ)L79HINC PROCEDURE FOR
ImPLEKF)r,XNG POLICY FOR RELWaMiSEMENT OF COSTS FOR
INST.WATION OF ALL TYPES OF OFF -SITE INPROV'T14TS.
WHEREAS the developer of vacant land has the responsibility for
providing off -site improvements to the centerline of adjacent
rights-af-way, and
9lMWAS there is a need for additional off -site improvements
beyond tba boundaries of a particular building site in many
instancest and
HSEREA6 the City in many instances for the public convenienca and
necessity installs off -site improvements across the frontage of
vacant lands which are.proparly the financial responsibility of
Said vacant land, and
POBRms by Resolution No. 19487, adopted August 6, 1980, the City
Council sstabkished its policy relative to reimbursement of costs
for all types of off -site improvements, and now desires to refine
and augsent the procedures for implementing that policy:
NON TE MMItE a8 iT RESOLVED that the city Council of the City of
Pelt Springs, does hereby reaffirm its policy rslative to
reimbursement of dolts for installation of all types of Off -site
improvements and restates said policy as follows:
As used in this Resolution, the tarn µoff -site
lmlrovexentsµ shall include, without 114itati0n ,•
thereby, the half street, concrete curb, gutter,
sidewalk, and bicycle path and landecapa strip, all in
accordance with adopted standards.
off -site improvements the provision of which would
be the responsibility of the developer of adjacent
property at the time of development of said property,
may be installed in advance of development of said
property, subject to reimbursement at the time. of
development of said adjacent property, in the following
manner,
1. Notica of necessity to install off -site
improvements shall be given by the Director of
Community Development or hie designee to the owner of
each parcel of property to be charged with the Cost of
such improvements, or in the cases Of leaped tax-exabPt
land, to the owner of a taxable possessory interest.
Such notice shall be given by personal serwica or by
certified mail. In the avant of service by certified
mail, the notice shall be Sent to the address shown on
the latest equalized assessment roll, and to such other
address an is known to be the correct address of the
person to be notified.
2. Within off days or the date of msixing said notice,
the owner or lessee of maid property hay request -a
hearing by the Director of Community DSvelopheny or his
designee, and if requested aball be given an
opportunity to be heard es to:
a. The necassity for installation of such
improvements prior to such owner's developaent of his
property,
b. The necessity for such installation by any
party other than such Omar,
r "h roaFnnnbloneas of the coats of Such
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rall Lcf 1 f1cliuly viol
i�cvelcnt:'
d. an:y owner nazzers seasonably re:a.ea to
refnbut'aesenc For such i,mpra ener.'.s and the 6f6t;:_
upar. such ea'ner's prrprmy.
1. Following such hearing, -,r if no such hearing is
requestedf then at any t£me at least 21 days after the
date of nailing of said notice, it the Director of
Community Devcilapment or his designee finds that the
Public com eniaaee and necessity requires (l)
installation of such improvenents prior to development
of said property, and (2) installation other than by
the owner or lessee, then the Director of Community
Development or his deslgnee shall direct that said
improvements be installed forthwith subject. to
re mbarsement of the oont thereof at the time of
issuance of building permit for development of said
property.
4. such installation may be made by the CLty, or may
he discretionaryapprovalapprto be ovaal oe dava opment of ndition of other property
Which would he pawed by or would othervise benefit
directly or indirectly, from the installation of said
improvemante.
5. If such iWavements are installed as a condition
of approval of development of other property, the city
shall offer to the developer of such other picparty to
enter into a raimkuccament agreemant halwhich sl
provide that the City shall use its best efforts to
001loot the cost oP such installation from the owner or
lessee of the property adjacent to such improvements at
the time of development Of sucb adjacent property, and
to reimburee.suoh costs if, an and when collectad,.'�'.g
the person who incurred suoh coats. Any such
rainbursement agreom mt shall include a sufficient
legal description of each parcel of real property to be
charged With such mats. Such egroemantshall be
recorded in the office of the County Recorder of
Riverside County, and a copy thereof shall be mailed to
the owner of each parcel or Lnterest to be charged with
such costa.
C Me Director of Community Development shall cause
to be recorded in the oflioe of the County Recorder of
Riverside Comity a Notice of Obligation to Roimbursa
Copt of off -site Improvements in sack instance onto
such reimhursible costs are incurred by the city or by
another developer, such notice shall contain a brief
description of the impmvenanto installed, the cost
thereof sought to be raibburned, the parson to what
such rsimburaemant is to be wads, a sufficiont legal
decor ion of each parcel of real property to be
charged with such costs, the amount to be ohargcd to
each such parcel, and a statement that such coat is
deemed to be q charge upon said parcel, to be paid at
the time of issuance of building permit or other
entitlement for development of aach such parcel.
7. Upon application for imuanaa of budding permit
for devalopment;'sit any parcel subject to such xot<ica of
Obligation to Raimhmrse Cost of Off -site Iaproveatattta,
the cost of such improvements charged to ouch parcel
shall be M1100ted as a part of and in addition to any
gther fats or ahargae to be oolleoted, and shall
thersopon be paid over to the person entitled thereto,
a: NothLng herein shall be deemed to require payment
by the City to any parson of the cost of Installation
of any off -site improvements except to the extent that
the City s4411 have actually received payment for that
rage l 01 L
I
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RES0LUFI0R NO. 160P
Page I of)
purpose.
9, nothing in this policy shall he deemed to preolede
the foraatlon of assessment districts, local I
improvemsmt districts, or any other altornative method {
of affecting the installation of and pay,nent for such
improvements.
AWPTRR this - .15th day of Ocher ., 1936.
A=-* Cooncilvwbers Direr, Foster, and Mayor Bogert
Note None
AMENTt CuancSSmeaQots Apfe76sam aad Smith
s� CITY OF PAIN SPRMS, CAL "MffA
RSPIUM & APPSOVSS. -
.f
1
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RESOLUTION NO. 2e65o
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, California, by Resolution No.
11248 adopted November 20, 1974, established a policy requiring all then existing
buildings and all buildings to be butitthereafter, 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 tatty of Palm Springs, Carrfgmia, had previously
adopted by Resolution, guidelines to regulate the granting of said exemptlans; and
WHEREAS, the City Council of the City of Palm Springs, California, now desires to adopt
byResolution, 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'ls hereby repeated.
2. The general policy stated in Resofution 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 affect.
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; `
38
Resolution Nc 20650
Page 2
a) It 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 end day of •JulY 2003.
AYES: Members Mills, Oden, and Mayor Kleindlenst
NOES: None
ABSENT: Members 'Hodges and Reller-Spurgin
ATTEST:
By
City Cleric
REVIEWED AND APPROVED
CITY OF PALM SPRINGS, CALIFORNIA
City Manama/
1618 2WWO
I
39
i
EXHIBIT "B"
BOUNDARY MAP - CANTINA WA Y
NOT TO SCALE
41
EXHIBIT "C"
42
AP WAS PREMED FOR ASSESSMEHI PLWOSES MLY 0 EIAB1l1Al
f (G4FOR WITH COuR ApI-SPLIT OR pSllClh', SIRE O 5 PARCEL
PSEO FOR WIT A(QIAAfY Or try; QAR. SIXNIS ASSE556P5 OXES
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EXHIBIT "D"
44
SUMMARY OF EXPENSES
CANTINA WAY, PALM SPRINGS
FOR SEWER CONSTRUCTION REFUND AGREEMENT
CONTRACTOR: FARRISEPTIC, LIC.#77036-C42 "SANITATION SYSTEM CONTRACTOR"
FARRISEPTIC - Check # 3615 dated 8/7/2014
FARRISEPTIC - Check # 0100 dated 8/22/2014
CITY OF PALM SPRINGS PERMIT FEE - Credit Card dated 8/12/2014
FARRISEPTIC - Check # 3616 dated 8/28/2014
FARRISEPTIC - Check # 3618 dated 9/3/2014
FARRISEPTIC - Check # 3621 dated 9/23/2014
Sanborn Engineeing - Check # 3622 dated 9/23/2014
FARRISEPTIC - Check # 3633 dated 12/5/2014
FARRISEPTIC - Check # 3634 dated Dec. 2014
$40,000.00
$19,000.00
$2,290.18
$19,000.00
$19,000.00
$10,000.00
$825.00
$1,755.00
$1,245.00
TOTAL = $113,115.18
EXHIBIT D
45
ATTACHMENT 5
4G
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: October 7, 2015
Subject: Sewer Line Extension
Cantina Way
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was published in the
Desert Sun on September 12 and 19, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
�'A
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on September 10, 2015.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, MMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and
every person on the attached list on September 10, 2015, in a sealed envelope, with
postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California.
(5 notices)
I declare under penalty of perjury that the foregoing is true and correct.
r 4vT7'
Kathie Hart, MMC
Chief Deputy City Clerk
47
ANNE M. EVANS
8853 WINDY HOLLOW RD.
JOHNSTOWN, OH 43031-9510
ELIVIA LLC
PO BOX 388
OGUNQUIT, ME 03907-0388
RAYMOND L. FRYE II
20132 E SHADY RIDGE RD.
PARKER, CO 80134-6689
CHRISTOPHER MEYERS
2353 W CANTINA WAY
PALM SPRINGS, CA 92264
PALM SPRINGS CREATIVE
EXCHANGE LLC
26 QUARTER CT.
WESTHAMPTON, NY, 11977-1004
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CHRISTOPHER MEYERS
2353 W CANTINA WAY
PALM SPRINGS, CA 92264
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ANNE M. EVANS
8853 WINDY HOLLOW RD. 3. ,S,..e/rv�ice Type
JOHNSTOWN, OH 43031-9510 yyy ertified Mall ❑ Express Mail
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PS Form 3811, August 2001 Domestic Return Receipt 10259
CITY OF PALM SPRINGS,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs,
California, will hold a public hearing at its meeting of October 7, 2015. The City Council
meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs.
The purpose of this meeting is to consider a Sewer Construction Refund Agreement
between the City of Palm Springs, California, and Christopher Meyers, the terms of
which provide for the reimbursement to Christopher Meyers for costs associated with an
off -site public sewer extension in Cantina Way, which benefits adjacent properties on
Cantina Way. The total cost of off -site public sewer extension in Cantina Way is
$113,115.18. The properties subject to the terms of the Agreement and the proposed
assessments are:
PARCEL NUMBER .
ASSESSMENT
STREET ADDRESS
1. 513-430-013
$22,623.04
2332 W.
Cantina Way
2. 513-430-014
$22,623.04
2320 W.
Cantina Way
3. 513-430-015
$22,623.04
2300 W.
Cantina Way
4. 513-430-016
$22,623.04
2290 W.
Cantina Way
5. 513-430-017
$22,623.04
2353 W.
Cantina Way
REVIEW OF INFORMATION: The staff report and other supporting documents
regarding this are available for public review at City Hall between the hours of 8:00 a.m.
to 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these
documents.
COMMENTS: Response to this notice may be made verbally at the Public Hearing
and/or in writing before the meeting. Written comments may be made to the City
Council by letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed in court may be limited to raising only those issues
raised at the public hearing described in this notice, or in written correspondence
delivered to the City Clerk at, or prior to the public hearing. (Government Code Section
65009(b) (2)). An opportunity will be given at said hearing for all interested persons to
be heard. Questions regarding this may be directed to Savat Khamphou, Assistant
Director of Public Works, at (760) 323-8744.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede
hablar con Felipe Primera telefono (760) 323-8253.
. - , -_J ,/
mes Thompson, City Clerk
HE
The Desert Sun
7S0 N. Gene Autry Trail
Palm Springs, CA 92262
760-778-4578 / Fax 760-778-4528
State of California ss:
County of Riverside
Advertiser:
CITY OF PALM SPRINGS
3200 E. TAHQUITZ CYN WAY
PALM SPRINGS CA 92262
TDS ORDER # 720468
I am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter.
I hereby certify that the attached advertisement appeared
In said newspaper (set in type not smaller than non pariel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
Newspaper: The Desert Sun
9/12, 9/19/2015
I acknowledge that I am a principal clerk of the printer of
The Desert Sun, printed and published weekly in the City
of Palm Springs, County of Riverside, State of California.
The Desert Sun was adjudicated a Newspaper of general
circulation on March 24, 1988 by the Superior Court of the
County of Riverside, State of California Case No. 191236.
I declare under penalty of perjury that the foregoing is true
and correct Executed on this 191h day of SEPTEMBER, 2015
in Palm Springs, California.
Proof of Publication
OF PALM SP;�.tf:
2815 SEP 24 PM 6: 16
JAMES 7NOHt bti;ti
CITY CLERK
No 1322
CrrY OF PALM SPRINGS,
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GWEN that the City Council of the City of Palm 5pprrin
California, will hold a public hearing at Its meeting of October 7, 2015. ?be
Council meeting begins at 6:00 p In., in the Council Chamber at City Hall, 32
East Tahqusts Canyon WaY, gPalm Spriruis.
The merpurpose
ire weer she C1ty�ofnPalm Springs,to Ca Uo + rbtopheer Rotund, ergs, tie
terms of which provide for the reimbursement to Cluldopher Mayas far casts
associated with an offylte public sewer extension In Comma Way, Which bene-
fits adjacent poperties an Carron Wayy, The total cost of off�site public sewer
exter en in Cantina Way is S113,115.18, The properties subject to the term of
the Agreement and the proposed assessments are:
DARCEL NUMBER ASSESSMENT STREEr ADDRESS
1. 513430_013 22,623.04 2332 W. Ganda Way
2. 513430.014 22,623.D4 2320 W.Cantino Way
3. 513430-015 22,623A4 2300 W. Cnmina Way
4.513430-016 22,623.04 2290W. Cantina way
S. 513430-017 $22,623.D4 2353 W. Carrdna Way
REVIEW OF INFORMATION : The staff report and other wppmttng documents
reggarding this Are available for public renew at City Hall between the blurs of
B:DO a.m. to 6xi0,&p. blandeeyy through Thursday. Please comact the Office of
the City Clerk at (1 323.820M1 If you would like to schedule an appolia nerd
to renew these d0CM3 .
COMMENTS: Responsc to this notice may be made inrbelty M tbe-Phlbllc hear-
ing and/or In wrN - before the meeting Written comments may be made to
the city Council by leaher(for mail or hoop deRywy)td:r. -
James Thompson, City Clerk
3200 E.TahquitC
t CA92anyo262n Way
Palm Springs,
Any challenge,of the peroposed in court ma be limited to raising only those Is,
raised
sues at the put hearts described in this notice, or in written come-
spondence delivered to the C Clerk at, or prior to the public hearing.
ov (Gernment Code Section 65 ) (2))• An opportunity will be given at said
hearing for all Interested persons to be heard. Questlons regarding this may be
directed to $mat Khamphau, Assistant Director of Public 7�Yarks, at (760) 323�
8744.
Si necestia ayuda con esta Wrta, par favor flame a Is Cludad de Palm Springs y
puede hsbiar con Felipe Prim is telefonp(750) 323-8253.
lames Thompson, City Clerk
Publbhed: 9/72, 9/79/15
49