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R CgOFOAN�PR City Council Staff Report
Date: July 15, 2015 CONSENT CALENDAR
Subject: APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE
PROPERTY LOCATED 584 WEST PANGA WAY 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 584 West Panga Way, in accordance with Chapter 15.14.010 of the
Palm Springs Municipal Code, and Resolution No. 20650.
STAFF ANALYSIS:
The owner of the property located at 584 West Panga Way has submitted plans
requesting approval to demolish the existing residential structure and to reconstruct a
new single family home. According to Riverside County Assessor information, the
existing residential structure was constructed in 1956, and is currently provided with
sanitary sewer service by an existing privately maintained septic system.
A location map is provided below and a Vicinity Map is included as Attachment 1.
ITEM NO.
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SITE MAP — 584 W. PANGA WAY
Construction plans for a new single family home at the property have been processed
for permitting, and pursuant to Chapter 15.14.010 "Sewers required for new
construction," of the Palm Springs Municipal Code (PSMC), all new buildings are
required to connect to the public sewer unless an exemption is granted as otherwise
authorized. The Public Works and Engineering Department has recommended that the
public sewer main be extended from Patencio Road in Panga Way to benefit the
property; however, the property owner has requested relief from this obligation on the
basis of the cost to connect to the public sewer system. A copy of the request for
exemption is included as Attachment 2.
Generally, the City Manager is authorized to grant an exemption to connect to the public
sewer system for a single-family dwelling on a lot of record where the distance from the
lot line to the public sewer is greater than 500 feet. However, in this case, the nearest
public sewer is located in Patencio Road, located 200 feet from the subject property;
therefore, pursuant to the exemption cited in PSMC 15.14.010(b)(3): An exemption may
02
be granted by the city council in any case (in the sole judgment of the council) 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.
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 $64,427.50 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 15.14.010 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 584 W. Panga Way. Redevelopment of the site with
a new single family residence will require construction of a new privately maintained
septic system pursuant to City and County requirements.
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.
FISCAL IMPACT:
There is no fiscal impact associated with this requested action.
SUBMITTED
Prepared by: Approved by:
t
Marcus L. Fuller, MP A, P.E., P.L.S. David H. Ready, 111
Assistant City Manager/City Engineer City Manager
ATTACHMENTS:
1. Vicinity Map
2. Letter from Homeowner and Construction Contract
3. Resolution No. 20650
04
Attachment 1
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CITY OF PALM SPRINGS
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Attachment 2
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O 2architecture
June 10,2015
lose s.Palm Canyon or.
Suits 8
Rick Minjares Palm Springs,CA 92262
Engineering Associate 700 779 818e trt
City of Palm Springs Public Works 1 Engineering 780 486 7946 rat
www.o2arah.aom
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Request for exemption from sewer connection
Fichandler-Travis Residence
Plan check#2015-1553
584 West Panga Way
Palm Springs, CA 92262
Dear Rick,
This memo is to request that an exemption be granted for the required connection to the public
sewer(as outlined in condition of approval items ENG 6 thru 10).We request this exemption on the
basis of on an extreme economic hardship per City Municipal Code 15.14.010(b)(3). Please see
the enclosed cost estimates verifying the cost of connection to the public sewer(including
engineering fees and construction)to be more than two times the cost of replacing the existing
septic system.
Furthermore,as the only other property on Panga Way that could potentially benefit from the
extension of the sewer main is already connected to the public sewer via a private line extending
all the way to Patencto Rd., a Sewer Construction Refund Agreement is not feasible, meaning our
client would be expected bear the full burden of sewer connection cost.
Should you have any questions or concerns please contact me directly at 760.778.8165
Respectfully submitted,
Lance O'Donnell,AIA
Principal,o2 Architecture
08
J.H. Thompson & Sons, Inc.
General Engineering Contractors
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MAY 7,2016
D.W.JOHNSTON CONSTRUCTION
ATTN:SOYD WAKEMAN
1445 N.SUNRISE WAY SUITE 203
PALM SPRINGS,CA 92262
RE.FICHANDLER-TRAVIS RESIDENCE•REVISED
PTIC Y
MOVE IN LS $ 1,50000 $ 1500.00
2000 GAL SEPTIC TANK 1EA S 75D000 S 7600.00
6"SCH40 PIPE 200 $ 4500 S 900.00
1S DEEP,40"DIA SEEPAGE PIT 1 EA $ 10,500.0D $ 10,600.00
TOTAL S 20,500J70
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J.H. Thompson & Sons, Inc.
General Engineering�Contractors
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Peq 9450575
FEBRUARY 12,2015
D W JOHNSTON CONSTRUCTION
ATTN MARTIN STERUD
1445 N.SUNRISE WAY SUITE 203
PALM SPRINGS,CA 92262
RE.FICHANDLER-TRAVIS RESIDENCE
Deecrl Don Quaraltv UnR Price Total Price
ESTIMATE-SEWER MAIN d LATERAL
S
SAWCUT STREET AND SIDEWALK 650 LF S 1.65 S 1 072.50
DEMO AC 1300 SF S 0.85 S 1,105,00
CORE DRILL EXISTING MANHOLE LS 5 1,000.00 3 i 00000
B"VCP PIPE-MAIN T MAX DEPTH 280 LF 5 35.00 S 9.50000
PIPE BEDDING-2'X Y 280 LF S 15.00 S 4.20000
8"X 4"WYE 1 EA S 175.00 S 176.00
6"CLEANOUT-END OF LINE 1 EA S 000 00 $ 40000
4"VCP PIPE 45 LF S 20.00 S 900.00
4"CLEANOUT-AT PROPERTY LINE 1EA S 25000 S 25000
TEMPAC 35TONS S 90.0013 3150.00
3"AC PAVING 1300 SF 5 6.5015 8,450.00
6"AGGREGATE BASE 1300 SF $ 2.751 S 3 575.00
TRAFFIC CONTROL PLAN-NO ENGINEER SIG. LS S 500.DO 5 600.00
TRAFFIC CONTROL 5 SAFETY EQUIPMENT I LS 5 2.3W.00 5 2.300.00
SHORING LS S 800,00 $ 800.00
TRENCH PLATE I LS S 50000 5 5W.00
AIR TEST I LS S 65000 S 050.00
VIDEO NEW MAIN I LS 5 75000 S 750.00
SET CLEANOUT TO GRADE 2 EA S 4S0.00 S 9D0.00
TOTAL S 43.477.60
EXCESS SOILS TO BE LEFT ONSITE
ENCROACHMENT PERMIT PROVIDED BY OTHERS
OPTIONAL R M
POTHOLE EXISTING UTILITIES NEED TO USE WEST PANGA WAY
MANHOLE AT EXISTING MAIN-TDEEP IFA $ SAD000 S 5.5W.00
MANHOLE BOX RENTAL 8 PLATE LS S 600.00 5 600.00
VIDEO EXISTING MAIN LS 5 1,000.00 S 1.0D0.00
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CIML ENGINEERING
ARCHITECTURE
LAND SURVEYING
June 17, 2015
Jeff Bicknell
02Architects
1089 N. Palm Canyon Dr. Suite B
Palm Springs CA 92262
a eff(602arch.com
Re: Sewer Main Design
Lots 2 and 3, Tract No.2369
Palm Springs, CA
Dear Mr.Johnston
Sanborn A/E, Inc. is pleased to submit the following proposal for the design of a sanitary sewer
main in West Panga Way, to the standards of the City of Palm Springs,for your consideration.
SCOPE OF SERVICES
1. SAE will provide a sanitary sewer main plan for submittal to the City of Palm Springs
SCHEDULE OF FEES
Sanborn A/E, Inc.will provide the "Scope of Services"as follov.s.
1. Item1: $3,450.00
All fees will be billed monthly. All fees are to be paid in accordance with the"Sanborn A/E, Inc. Contract
Provisions", attached and made a part hereof.
SAE will require a retainer in the amount of$1,000.00 to commence the work.
Please note that payment more than thirty(30)days past due may be construed as constructive notice to
stop work at the sole discretion of the engineer with service terminated and amount due in accordance
with the"Sanborn AIE, Inc. Contract Provisions".
71780 San Jacinto Dr.Building E-1 'Rancho Mirage CA,92270• Ph. (760)-423.0600 0 Fax(760)-423-0603
j san born@sa nbornae.co m
�1
Page 2
June 17, 2015
Please review this proposal carefully. If it meets with your approval please execute where indicated and
return one original to this office. This proposal is good for forty-five(45)days from the date above.
Sincerely,
SANBORN AIE, INC.
Job*v L. Sa,tbcwm
John Sanborn PLS
ACCEPTANCE
I have read this proposal and all attachments, and agree to the terms and conditions contained herein.
NAME DATE
TITLE
71780 San Jacinto Dr.Building E-I •Rancho Mirage CA,92270 • Ph. (760)-423-0600 •Fax(760)-423-0603
jsanbom@sanbornac.com
12
SANBORN A!); INC.STANDARD CONTRACT PROVISIONS
The Owner and Consultant agree that the following provisions shall be a part of their agreement:
1. The Owner binds himself, his partners,successors, executors, administrators,and assigns to the Consultant to this
agreement in respect to all of the terns and conditions of this agreement.
2. Neither the Owner nor Consultant shall assign his interest in this agreement without the written consent of the other.
3. For any work performed which is outside the original Scope of Work of this agreement, when verbally directed by
Owner's duly authorized representative or agent, the Consultant will be entitled to compensation on a time and
materials basis.
4. In the event any provision of this agreement shall be held to be invalid and unenforceable, the other provisions of
this agreement shall be valid and binding on the parties hereto.
5. The Consultant is not responsible far delay, nor shall Consultant be responsible for damages or be In default or
deemed to be in default by reason of strikes, lockouts, accidents,or acts of God; or the failure of Owner to furnish
timely information or to approve or disapprove Consultant's vrork promptly; or delay or faulty performance by
Owner,other contractors,or governmental agencies;or any other delays beyond Consultant's reasonable control.
6. Consultant shall not be liable for damages resulting from the actions or inaction's of governmental agencies
including but not limited to permit processing, environmental impact reports, dedications, general plans and
amendments thereto, zoning matters, annexations or consolidations, use or conditional use permits, and building
permits;and Consultant shall only act as an advisor in all governmental relations.
7. In the event that Owner institutes a suit against Consultant because of any failure or alleged failure to perform,
error, omission, or negligence, and if such suit is not successfully prosecuted or if it is dismissed, or if verdict is
rendered for Consultant, Owner agrees to pay Consultant any and all costs of defense, including attorney's fees,
expert witnesses fees, and court costs and any and all other expenses of defense which may be needful,
immediately following dismissal of the case or immediately upon judgment being rendered in behalf of Consultant.
6. Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the
amount payable under this agreement,then all litigation and collection expenses,witness fees and court costs, and
attorney's fees shall be paid to the prevailing party.
9. All original papers and documents, and copies thereof, produced as a result of this contract, except documents
which are required to be filed with public agencies shall remain the property of the Consultant and may be used by
Consultant without the consent of Owner.
10. The terms and provisions of this agreement shall not be construed to alter, waive, or affect any lien or stop notice
We
which the Consultant may have for the performance of services under this agreement.
11. The Consultant makes no representation concerning the estimated quantities and cost figures made in connection
with maps,plans, specifications, or drawings other than that all such figures are estimates only and the Consultant
shall not be responsible for fuctuations In cost factors or variations from actual cost at the time of construction.
12. Consultant does not guarantee the completion or quality of performance of contract or the completion or quality of
performance Of contracts by the constnrcbon contractor or contractors, or other third parties, nor is he responsible
for their acts or Omissions.
13. Consultant makes no warranty, either express or implied, as to his findings, recommendations, specifications, or
professional advice except that the work was performed pursuant to generally accepted standards of practice In
effect at the time of performance.
14. Consultant makes no representations concerning soil conJittons unless specifically included in writing in this
agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil
surveys,or subsurface soil tests,or general soil testing.
15. In the event that any changes are made in the plans and spceifications by the Owner or persons other than the
Consultant,which affect the Consultant's work,any and all tiabdity arising out of such changes is waived as against
the Consultant and the Owner assumes full responsibility for s�:ch changes unless Owner has given Consultant
prior notice and has received from Consultant written consent for such ee anges.
16. The Owner agrees that in accordance with generally accepted constru:.lion practices, the construction contractor
will be required to assume sole and complete responsibility for lob site conditions during the course of construction
of the project, including safety of all persons and property; that this requirement shall be made to apply continuously
and not be limited to normal working hours; and the Owner further agrees to defend, indemnify and hold the
Consultant harmless from any and all liability, real or alleged, .o connection with the performance of work on this
project,excepting liability arising from the sole negligence of the Consultant
17. Plans prepared by the Consultant commonly show the local on of existing underground utilities in an approximate
way only. Owner agrees that in accordance with generally accepted construction practices, the construction
contractor shall determine the exact location of all existing utilities before commencing work and shall be fully
responsible for any and all damages occasioned by this failure to locale and preserve said utilities.
Initial
-J k Initial
71780 San Jacinto Dr. Building F:I •Rancho Mirage CA,9227:.i ' -h. t 7r,•tl_423-0600• Fax(760)-423-0603
jsanhom msamhornac.ci
13
SANBORN AIE.INC.CONTRACT PROVISIONS Page 2
18. The owner agrees to limit the Consultant's liability to the Owne and to all contractors and subcontractors on the
project. Due to professional negligent acts, errors, or omission of the Consultant to the sum of$50,000 or the
Consultant's fee,whichever is greater.
19. All fees and other charges will be billed monthly and shall be du at the time of billing unless otherwise specified in
agreement. A mechanics lien may be filed for any invoice rer. ining unpaid after thirty- (30) days from dale of
invoice.
20. Owner hereby agrees that the balance as stated on the billing f cm the Consultant to Owner is correct,conclusive
and binding on the Owner unless Owner within ten (10) days from the date of the making of the billing notifies
Consultant in writing of the particular time that is alleged to be in erred.
21. A late payment finance charge will be computed at the pens:�:lic rate of 1.5% per month, which is an annual
percentage rate of 18%(or a minimum of$10,00)and will be a:� lied to any unpaid balance commencing 30 days
after the date of the original invoice.
22. Unless otherwise specified in this Agreement, Consultant shall b. entitled to payment of all outstanding invoices(or
85%of total design fee,if fixed price contract)prior to submitta of drawings to review agencies for plan checking.
Consultant reserves the right to withhold release of plans until st,h payin nts are received.
23. Payment is not contingent on any loan of any type in exislence o. any loan to be funded in the future.
24. Staking services will be provided at no less that a 4-hour minimu for each job-site trip.
25. In the event that an act of God or parties other than Consultant r. stroy any slaking, Owner shall pay for the cost of
re-staking as extra work.
26. Contract fees presented in this Agreement shall be for scope £services specified. Assistance provided Owner
after plans are completed such as responding to contractor in-.Aries, as.:.sting with bidding process, clarifying or
interpreting design documents, coordinating with utility cortoanies, povidmg cost estimates other than as
described under basic services and providing construction supp rt services other than normal construction staking
services,shall be billed as Additional Services in accordance wi: prevailing hourly fee schedule.
27. The Owner shall pay the costs of checking and inspeclior: fees, zoning and annexation application fees,
assessment fees, soils engineering fees,soils testing fees, aeria topography fees, and all other fees, permits bond
premiums, life company charges, blueprints and reproductions and all other charges not specifically covered by
the terms of this agreement. Any such charges prepaid by C:-:sultant shall be invoiced to Owner at 1.2 time's
actual cost.Contract fees presented in this Agreement sh.:II be I. scup ,If services specified.Assistance provided
Owner after plans are completed such as responding to co saclor inquiries, assisting with bidding process,
clarifying or interpreting design documents,coordinating r•ith ul;,:y com-anies,providing cost estimates other than
as described under Basic Services and providing constructer suppo :services other than normal construction
staking services,shall be billed as Additional Services in accord.. ice vah prevailing hourly fee schedule.
28. In the event all or any portion of the work prepared or part Illy red by the Consultant be suspended,
abandoned, or terminated, the Owner shall pay the Consultant r a - charges, and services provided for the
project, not to exceed any contract limit specified herein. If dire _:..d -:ner to restart work on project at a later
date,Consultant shall be entitled to a restart fee on no less 10. of 1<:1. e:;ntFact amount,to be negotiated prior to
start of work.
29. Any work performed beyond the point of agency approval of the ans w:., rform on an hourly basis.
30. In the event (honer fails to pay Consultant with thirty (30) da, arts Ices are rendered, Owner agrees that
Consultant shall have the right to consider said default a total ' -,ee' s agreement and, upon written notice,
the duties, obligations and responsibilities of the Consultant ui :r l eement are terminated. In such event,
Owner shall then promptly pay the Consultant for all the fees,of g::s ervices provided by Consultant.
31. The Consultant shall be entitled to compensation for time spent ::_ni i,J to collect any amounts due for services
provided.
32. The Owner shall have the right to terminate this agreement with •:ter ten(10)working days written notice
is mailed to the Consultant by regular mail,postage prepad.
33. The Consultant may terminate this agreement upon ten- (10) -- =s advance written notice to the Owner
without cause.
34. In the event this agreement is terminated by any party for .ny rc sc:n, r: nsullanl shall be paid by the Owner for
all services provided on the time and material basis of k,ork c mpl. ,d not previously paid for, on the dale
notice of termination is given. Should dispute arise between the . arti- 'o the work completed by the Consultant
the Owner shall have the right to audit the cost records and tin fe .; f the Consultant to the extent that they
relate to the services provided hereunder.
35. Retainers or advance fees shall be credited against final payme
36. This agreement shall include an automatic escalation of 5 f r,rtled amount effective each on year
anniversary from the date of this agreement
Initial
Jk Initial
71780 San Jacinto Dr.Building E-I •Rancho Mirage CA,r 2270 1,1 -123.0600` Fax(760)-423-0603
jsanbornrrsanborizc.c n
14
Attachment 3
15
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
PURS UANT TO 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 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,California,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 1T 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 ff the
following circumstances shall be found to exist:
i6
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 Kleindtenst
NOES: None
ABSENT: Members 'Bodges and Reller-Spurgin
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA '
By � .
City Clerk City Manage
REVIEWED AND APPROVED
Z
17