HomeMy WebLinkAbout4/21/2004 - STAFF REPORTS (14) DATE: April 21, 2004
TO: City Council
FROM: Director of Public Works/City Engineer
STEVENS ROAD SEWER CONSTRUCTION REFUND AGREEMENT
RECOMMENDATION:
It is recommended that the City Council, after hearing testimony submitted during the
Public Hearing, consider approval of a Sewer Construction Refund Agreement between
the City of Palm Springs and Mr. Melvyn Haber.
SUMMARY:
In accordance with the terms of the Sewer Construction Refund Agreement, property
owners that can now connect to the public sewer main extension in Stevens Road are
required to reimburse the City an equitable assessment for the construction of the off-
site sewer extension, prior to the issuance of a sewer construction permit. The
reimbursement is a proportionate share of the costs associated with the off-site sewer
extension performed by Mr. Melvyn Haber. Upon receipt of assessments from the
benefitting properties, as identified in the Agreement, the Agreement provides for the
reimbursement of the assessment to Mr. Melvyn Haber as they are received.
BACKGROUND:
Mr. Melvyn Haber was the owner of the property identified as 700 West Stevens Road,
which was subsequently approved by the City Council as Tentative Parcel Map 30703
on September 18, 2002, subject to conditions. Included in the conditions of approval
was the requirement to extend the existing public sewer main in Stevens Road as
necessary to service the existing residential property located on Parcel 1 of Parcel Map
30703.
In accordance with the City's requirement, Mr. Haber obtained the professional design
services of Sanborn A/E to prepare the necessary sewer improvement plan; and
solicited G&M Construction Company to construct the public sewer main extension. The
total cost to extend the public sewer main in Stevens Road was $50,512.23, and
includes the costs related to design incurred from Sanborn A/E, as well as the cost to
construct the sewer main incurred from G&M Construction. This total cost is the gross
amount that may be assessed to the property owners who benefit from the off-site sewer
extension in Stevens Road and are now able to connect to the public sewer main. The
public sewer main extension was inspected by City staff and has been accepted by the
City Engineer. On April 14, 2003, Mr. Melvyn Haber requested that the City establish a
Sewer Construction Refund Agreement to reimburse him for costs associated with the
off-site sewer extension in Stevens Road.
Under the terms of the Agreement, there are six properties adjacent to Stevens Road
that benefit from the off-site sewer extension. Two of these six properties are Parcel 1
and Parcel 2 of Parcel Map 30703, developed by Mr. Haber. Mr. Haber had the
obligation to connect the existing residence on Parcel 1 to the extended public sewer
main, and as such, that property is not subject to payment of the assessment
established in the Agreement. Originally, the other five properties, including Parcel 2 of
Parcel Map 30703, which is a vacant parcel, would be subject to payment of the
assessment established in the Agreement. The assessment for this Agreement was `�
Stevens Road Sewer Construction Refund Agreement
April 21,2004
Page 2
calculated as an equitable benefit spread over the six properties benefiting from the off-
site sewer extension in Stevens Road.
The Agreement establishes terms for payment of the assessments, which are paid to the
City and then reimbursed to Mr. Haber. Payment of the assessment is required at the
time a permit is applied for by the property owner for connection to the public sewer
main. The assessment is not paid, nor is any requirement to pay the assessment
imposed until such time that the property owner requests a sewer connection permit, or
if the property is serviced by a septic tank system which fails. The vacant properties will
be subject to payment of the assessment at the time a house is constructed and
connected to the public sewer main. As there is no guarantee that the existing
residential properties will connect to the public sewer main, or that the vacant parcels will
develop, the Agreement stipulates that there is no guarantee by the City that any
assessment will be collected during the term of the Agreement, which is ten years, which
may be extended upon mutual agreement of the City and Mr. Haber.
In order to determine that the proposed assessments were equitably spread, and that
the affected property owners were aware of the potential assessment to be levied
against their property, City staff conducted a property owner's meeting on October 17,
2003. Certified letters were mailed to the six property owners included in the Agreement
on September 26, 2003. The owners of three of the affected properties attended the
meeting with City staff, during which project costs and proposed assessments were
discussed. The property owners in attendance agreed with the proposed Agreement
and spread of assessments.
At the property owner's meeting, we were made aware of the fact that Mr. Haber had
sold the vacant parcel, Parcel 2 of Parcel Map 30703. In light of the fact that the current
owner of that property had not been advised of the meeting and was not aware of the
proposed Agreement, staff forwarded a copy of the proposed Agreement to the new
owners of Parcel 2. A response was received from the attorney representing the new
property owners, objecting to the proposed Agreement and assessment against the
property. After negotiating and reviewing the situation with Mr. Haber, Mr. Haber agreed
to absorb the assessment proposed against the vacant property he sold, identified as
Parcel 2 of Parcel Map 30703. As such, the proposed Agreement provides for the levy
of an assessment against four properties benefiting from the off-site sewer extension,
with the assessment for the fifth property being waived.
The Public Hearing is the second opportunity for affected property owners to participate
in the review and approval of the proposed Agreement. A final copy of the proposed
agreement was forwarded to each property owner via certified mail on April 2, 2004. A
Notice of Public Hearing was also sent to each property owner via certified mail on April
7, 2004. A Public Notice was published in the local newspaper regarding the Public
Hearing and proposed assessments to be levied against the four properties.
SUBMITTED: APPROVED:
DAVID J. BARAKIAN DAVID H. READY
Director of Public Works/City Engineer City Manager as,
ATTACHMENTS:
1. Resolution REVIEWED BY DEPT. OF FINANCE
2. Sewer Construction Refund Agreement
CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on April 21, 2004, at the hour of 7:00 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs, California, will hold a
Public Hearing with respect to the consideration of a Sewer Construction Refund
Agreement between the City of Palm Springs, California, and Mr. Melvyn Haber, the
terms of which provide for the reimbursement to Mr. Haber for costs associated with an
off-site public sewer extension in Stevens Road, which benefits adjacent properties. The
properties subject to the terms of the Agreement and a proposed assessment are:
ASSESSOR PARCEL NO. STREET ADDRESS ASSESSMENT
1. 505-051-006 690 W. Stevens Road $ 8,418.71
2. 505-052-011 707 W. Stevens Road $ 8,418.71
3. 505-052-014 675 W. Stevens Road $ 8,418.71
4. 505-052-016 695 W. Stevens Road $ 8,418.71
TOTAL $ 33.6 44.84
The Public Hearing will be held at the Council Chamber of the City Council of the City of
Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
Interested persons wishing to express their views on the consideration of the Agreement
will be given the opportunity to do so at the Public Hearing or may, prior to the time of
the Public Hearing, submit written comments to David J. Barakian, Director of Public
Works/City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262,
telephone number(760) 323-8253, extension 8732.
Pursuant to California Government Code Section 66016 and 66018, this Notice shall be
published twice, at least ten days prior to the public hearing, and sent at least fourteen
days prior to the public hearing to any interested person who has filed a written request.
PATRICIA A. SANDERS
CITY CLERK
1�
SEWER CONSTRUCTION REFUND AGREEMENT
BETWEEN
THE CITY OF PALM SPRINGS, CALIFORNIA AND MELVYN HABER
SEWER AGREEMENT NO.
This Sewer Construction Refund Agreement, hereinafter referred to as"Agreement", made and entered
into this_day of , 2004, between the City Of Palm Springs, California, a municipal
corporation, hereinafter referred to as"City", and Melvyn Haber, hereinafter referred to as"Developer'.
Whereas,the City has established a policy for sewer refund agreements by City Council Resolution No.
13487 dated August 6, 1980, and Resolution No. 16031 dated October 15, 1986, which by reference
are hereby made a part of this Agreement; and
Whereas, the Developer was, prior to this Agreement, owner of the residential property identified as
700 West Stevens Road, previously identified as Assessor Parcel Number 505-051-017, hereinafter
referred to as "Property", which was subsequently approved for subdivision purposes as Tentative
Parcel Map 30703, subject to conditions, among which required construction of an off-site sewer
extension in Stevens Road necessary to provide sewer service to the Property; and
Whereas, the Developer performed his required obligation to construct the off-site sewer extension,
and subsequently submitted Parcel Map 30703 for approval, which was duly approved by the City
Council and recorded by Riverside County in Book 204, Pages 89-91, records of Riverside County; and
Whereas, the off-site sewer extension that is the subject of this Agreement has been dedicated to
public use by the Developer, and has been accepted by the City; and
Whereas, the City has determined that benefit from the construction of the off-site sewer extension in
Stevens Road will accrue to properties connecting to the off-site sewer extension, as delineated on the
exhibit identified as "Boundary Map" attached hereto, marked Exhibit"A", and hereby made a part of
this Agreement; and
Whereas, the City has determined that said benefit will be in direct proportion to the properties
identified by Assessor Parcel Numbers 505-051-006, 505-052-011, 505-052-014 and 505-052-016, and
Parcel 1 and Parcel 2 of Parcel Map 30703, recorded in Book 204, Pages 89-91, records of Riverside
County, as shown on said Exhibit "A"; and
Whereas, prior to the approval of this Agreement the Developer was the legal owner of Parcel 1 and
Parcel 2 of Parcel Map 30703 recorded in Book 204, Pages 89-91, records of Riverside County; and
Whereas,the Developer subsequently sold Parcel 1, identified as 700 West Stevens Road, and Parcel
2, which is an existing vacant parcel subject to future installation of sewer service; and
Whereas, as a required obligation associated with Parcel Map 30703, the Developer made the
necessary connection to the off-site sewer extension on Stevens Road to the existing residential
property located on Parcel 1 of Parcel Map 30703, and paid the required sewer connection fee to the
City; and
Whereas, the Developer has agreed to absorb the assessment proportionate to the vacant parcel
previously owned by the Developer and identified as Parcel 2 of Parcel Map 30703; and
Whereas, the Developer, in accordance with the before mentioned Council Resolutions has requested
that the City and the Developer enter into this Agreement to reimburse the Developer costs associated
with the off-site sewer extension which benefits other properties; and I
Page 1 of 3
Whereas, the Developer has submitted a financial statement of construction costs totaling$50,512.23,
including a statement of costs from G & M Construction, dated July 11, 2003, in the amount of
$49,550.00, and invoices from Sanborn A/E Civil Engineering, dated April 1, 2003, in the amount of
$62.23, and dated April 30, 2003, in the amount of $900.00, copies of which are attached hereto
marked Exhibit "B", and made a part of this Agreement; and
Whereas, it is in the best interests of the Developer and the City 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 off-site sewer extension.
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 City and the
Developer, it is hereby agreed that:
SECTION 1. Assessments. Developers, owners, or lessees of lots shown on Exhibit"A"abutting the
off-site sewer extension on Stevens Road shall pay to the City the amount shown herein, plus the
sewer connection fee in effect at such time prior to a permit being issued for connection to the off-site
sewer extension. Upon receipt of such payment, City shall pay the Developerthe assessments shown
herein.
The assessment for each parcel is hereby established at a calculated benefit for six (6) properties
equitably spread over a total cost of$50,512.23 as follows:
ASSESSOR PARCEL NO. ASSESSMENT STREET ADDRESS
1. 505-051-006 $8,418.71 690 W. Stevens Road
2.(1) Parcel 1 of Parcel Map 30703 $8,418.71(2) 700 W. Stevens Road
3.(1) Parcel 2 of Parcel Map 30703 $8,418.71(2) 694 W. Stevens Road(3)
4 505-052-011 $8,418.71 707 W. Stevens Road
5. 505-052-014 $8,418.71 675 W. Stevens Road(3)
6. 505-052-016 $8,418.71 695 W. Stevens Road
TOTAL: $50,512.26(4)
TOTAL DUE TO DEVELOPER $33,674.84r5r
The above assessments represent a proportionate distribution of the cost of the construction of the off-
site sewer main extension.
"Notes:
(1) As of the date of this agreement,an Assessor Parcel Number has not been assigned by Riverside
County for Parcel 1 and Parcel 2 of Parcel Map 30703.
(2) Developer was the owner of the existing residential property located on Parcel 1 and the vacant
parcel identified as Parcel 2 of Parcel Map 30703, and had the obligation to extend and connect sewer
service to Parcel 1 and has agreed to absorb the assessment for Parcel 2. Although at the time of this
agreement Developer is no longerthe owner of these properties,the$8,418.71 assessment indicated
is for proportionate spread purposes only, and payment of the assessment associated with these
properties is not required.
(3) These parcels are vacant properties as of the date of this Agreement
(4) The total assessment collected is $0.03 more than the total cost due to rounding.
(5) The total reimbursement due to the developer is equivalent to the total costs associated with the
off-site sewer extension less the assessment proportionate to Parcel 1 and Parcel 2 of Parcel Map
30703.
SECTION 2. Payment. It shall be the duty of the Developer to keep City informed in writing as to the
location at which payment shall be made. City should make payment within 90 days after receiving the
payment from the assessee. If Developer does not have a written address for payment on file
Page 2 of 3 1
1
with the CITY, or if the address has expired, CITY shall retain assessment. No interest shall assume on
late payment.
SECTION 3. Successors. The right of DEVELOPER to receive payment as stated herein shall not be
transferable to successors and assigns but shall remain personal with DEVELOPER.
SECTION 4. No Representations or Liability. CITY makes no representation as to(a)when, if ever, it
will receive the above costs assessed on the Parcels, (b) its legal liability to enforce the collection of the
fees assessed, (c)changes in the law affecting the CITY's ability to charge fees and assessments. Due
to these factors,the CITY shall have no liability whatsoever to any of the developers, owners or lessees
for the collection of the assessments stated in Section 1 above, or for the payment of such sums to
DEVELOPER.
SECTION 5. Term. This agreement shall terminate ten (10) years from the date of the agreement
first above written, unless extended by mutual agreement of the parties.
SECTION 6. Amendment. The parties hereto mutually agree that this agreement maybe amended
at anytime by the mutual consent of the DEVELOPER and CITY and by recordation of an instrument in
writing.
SECTION 7. 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 & Recordation. The City Clerk shall record this AGREEMENT in the Recorder's Office of
the County of Riverside, California.
IN WITNESS WHEREOF,the CITY and the DEVELOPER has hereunto caused these presents to be
executed the day and year first above mentioned.
DEVELOPER:
Melvyn Haber
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
City Clerk City Manager
Reviewed and Approved By:
Attorney
Attachments: ��
1. Exhibit A: Boundary Map (Stevens Road) in Palm Springs, CA. \
2. Exhibit B: Construction Costs (G & M Construction and Sanborn A/E Civil Engineering)
Page 3 of 3
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G & M CONSTRUCTION
Subsidlary of HVpy Tmveler
211'West Mesquite Avenue
Fed,1005.2417012 Palm Sprinp, California 92264 Liv.AA-272619.
(760) 322.6918
Pax(760)778.6708
General Engineering + Grading Pipeline + Hazardous Waste + Asbestos Demolitiotj
July 11, 2003
Mel Haber
200 West Ramon Road
Palm Springs, CA 92262
Regarding; Sewer Main Extension--Stevens Road
Invoice; #071103
The following are the costs incurred in the installation of the sewer line for Stevens Road. The
project has been completed, tested, paved and should be accepted by the City of Palm Springs
this coming week. Unfortunately, the savings 1 indicated to you, did not materialize when all the
costs were finally completed. The following is a delineation of costs incurred:
0fia6103
Transportof equipment......................... ... ......................................................$ 250.00
Layout for sawcut................ ........................................... ................................... 250.00
Total........................................................................................................................$ 500,00
06/ 03
Sawcutstreet(Penllall) ....................................... ............................. .....................$ 450.00
Transportof equipment................................................................................. ........ 250,00
Manholeshoring. ................................................................................................... 750,00
Portabletoilet.......................................................................................................... 100,00
Barricaderental....................................................................................................... 350.00
Deliveryof pipe.................................................................................................... 0.0
Total..................... ............................................................................o.....................$ 5,110.00
/30/03
Operated Excavator—8 hrs. @$110.00.................................................................$ 880.00
Operated Backhoe 8 hrs. @$85.00...................................................................... 680.00
Operated Water Truck -8 hrs. @$50.00................................................................ 400.00
Operated Skip Loader-8 hrs. @$75.00................................................................. 600.00
Threelaborers—8 hrs. @$30.00 ea........................................................................ 720.00
Three low side dump trucks -8 hrs, ea. = 24 hrs. @$75.00................................... 1,800,00
Fillsand cost............................................................................ 250,00
Dump fees.............................................I..... 500.00
Supervision.......................................................................................................... . 200.00
Total.........................................................................................................................$ 6,030,00
Con tinged
G & M CONSTRUCTION
Subsidiary of Happy Traveler
211 West Mesquite Avenue
Ned.ID N95-2417032 Palm Springs, California 92264 Lic.#A-2726119
(760) 3226918
Pax(760)7776708
General Engineering Grading Pipeline • Hazardous Waste Asbestos Demolitio'
Page 2
03
Operated Excavator— 8 hrs. @$110.00..................................................................5 880.00
Operated Backhoe— 8 hrs. @$85.00...................................................................... 680.00
Operated Water Truck— 8 hrs. @$50.00................................................................ 400.00
Operated Skip Loader—8 hrs. @$75.00................................................................. 600,00
Threelaborers—8 hrs. @$30.00 ea. ....................................................................... 720,00
Three low side dump trucks—8 hrs, ca. =24 hrs. @$75.00................................... 1,800.00
Fillsand cost........................................................................................................... 500.00
Inland Manhole Co.
Street plates delivered............................................................................................. 350.00
Supervision............................................................................................................. 200A
Total........................................................................................................................$ 7,630.W
07/02/03
Operated Excavator— 8 hrs. @$110.00..................................................................$ 880.00
Operated Backhoe— 8 hrs. @$85.00...................................................................... 680.00
Operated Water Truck— 8 hrs. @$50.00................................................................ 400,00
Operated Skip Loader—8 hrs. (a,$75.00................................................................. 600.00
Three laborers—8 hrs. @$30.00 ea.......................... 720.00
Pour low side dump trucks 8 brs. ea. = 32 hrs. a,$75,00 ........................ ........... 2,400.00
.Pill sand cost.......... .................................... ........................................................... 600.00
Coldpatch A.0........................................................................................................ 1,100,00
AdditionalStreet Plates—.................................................... ............ ...................... 300.00
Supervision ............................................................................................................. 200.00
Total........................................................................................................................$ 7,880.00
07/03/03
Operated Backhoe..8 hrs. @$85.00......................................................................$ 680.00
Operated Water Truck-- 8 hrs. @$50.00................................................................ 400.00
Operated Skip Loader— 8 hrs. @$75.00................................................................. 600.00
Four laborers — 8 hrs. @$30.00 ea.......................................................................... 960.00
One low side dump truck— 8 ling, @$75.00 ........................................................... 600.00
Fillsand cost........................................................................................................... 150.00
InlandManhole....................................................................................................... 2,700,00
Supervision ...................... ....................................................... .............................. 200.00
Total........................................................................................................................$ 6,290.00
``
G & M CONSTRUCTION
0 Subsidiary of Happy Traveler
211 West Mesquite Avenue
Fed,ID#95-2417032 Palm Springs, California 92264 Lic.BA-272619
(760) 322-6918
Fax(760)778-6708
General Engineering Grading Pipeline • Hazardous Waste Asbestos Demolition
1111�lI I I I�IY W I AIM IIIIIIIY i
I Illllllllllrrr�w
Page 3
07/07/03 -Cleanup Project Area, Test System
Operated Backhoc-4 hrs. @$85.00 ......................................................................$ 340.00
Operated Water Truck-4 hrs. @$50,00................................................................ 200,00
Operated Skip Loader- 4 hrs. @$75.00......................................
Three laborers-8 hrs, 9,$30.00 ea........................................................................ 720,00
Flushsystem .................:......................................................................................... 700.00
Video....................................................................................................................... 700,00
Airtest..................................................................................................................... 250.00
One low side dump truck—4 hrs. @$75.00 300.00
Transportequipment out......................................................................................... 750,00
Supervision............................................................................................................. 200.00
Total............................................ ,,..................,,...........................$ 4,460.00
Total........................................................................................................................$ 37,900.00
Proportion cost for repavemont of street......................... ............................... 5,100.00
Total........................................................................................................................$ 43,000.00
10°/a Office and Overhead........................................ .......... 4,300.00
Total..........................................................:.............................................................$ 4413(0.00
HidPrice..................................................................................................................$ 46,750.00
Costof Permit.........................................................................................................$ 1,000.00
Additional asphalt required by the City of Palm Springs
600 square feet @$3.00 per square foot(per quotation)....................... 1,800M
Total Amount Due and Payable This Invoice ........................... ........................$
K�
AE sull �1�[HQRN A / E
s.Gene nutry mall INVOICE
' o Invoke Number.
yS�j Palm eprinpa, Co, 022e4
A�RC'4Ha1TE�tTVKR N& M�
LAND sutNIMNO Invoice Date
Apr 1, 200$
MEL ILIA
200 W.Ramon Road
.Pdon Sp*p, C4 92262
Job Description ;Parcel Map -Re Subdivision
Work Order No. Payment Terms Due Date „ o ct Mariago r
02-133 Not 1st of Next Month 5/1/03 7ohn T . Swnhorn
Hours/Quanti Item Pescription Rate _Extens
Prints 16
Ponta .18
Punta 7.07
Ponta 1 AB
Ponta 1 .34
subtotal 62.23
TOTAL BALANCE DUE 0,2.23
A MONTHLYFINANCE CHARGE OF 1.5% WILL BE APPLIED TO PAST DUE INVOICES
1227 S. Gene Autry Trail* Suite C *Palm Springs, California~92264*(760)325-9426 *Fax(760) 325-513`\0
\`1/�
1227 S. Gene Autry Trail �7�1�POi�1� rs E
suite C NVOICE
Palm Sprinpe,CO.922ea invoice Number
ARCH MCrURIE Invoice Gate
LAND SURV"NO Apr$0, 2003
MEL FL413TR
200 W.Ramon Road
Palm Springs, CA 92262
Job DeecMpflon .Sewer Planer
Work Order No. _ Pe ment Terms Dua Date a eat one or
02-133-1 __ Net litofNextMonth 5/1/43 7ohnL. Sanborn
HoursQL4p _ Item Description _ Rate Extensi rl
1.00504 Public Agency Meetings 100,00 1 0.00
7.00 Sewer Plans 100.00 7 0.00
1,00504 Public Agency Meetings 100.00 1 .00
Subtotal 900.00
TOTAL BALANCE DUE 900.00
_ _A MONTHLY FINANCE CHARGE OF i.s% WILL BE APPLIED to PAST+CUE wN O/CES---�—
1227 S. (lens Autry Trail * Suits C * Palm Springs, California 92264*(760)325.9426 * Fax(76(j) 325_5130
rJ`
\\
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned Associate Civil Engineer of the City of Palm Springs,
California, do hereby certify that a copy of the Notice of Public Hearing before
the City Council of the City of Palm Springs, in conjunction with Stevens Road
Sewer Refund Agreement of Mr. Melvyn Haber,was mailed to each and every
person set forth on the attached list on the 7-th day of April 2004. A copy of
said Notice is attached hereto. Said mailing was completed by placing a copy
of said Notice on a sealed envelope, with postage prepaid, and depositing
same in the U.S. Mail at Palm Springs, California.
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 7-th day of April, 2004.
George F. Farago,
Associate Civil Engineer
H:\USERS\Eng\SewerAgreements\Melvyn Haber\Affidavit
CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on April 21, 2004, at the hour of 6:30 p.m. or as soon
thereafter as possible, the City Council of the City of Palm Springs, California, will hold a
Public Hearing with respect to the consideration of a Sewer Construction Refund
Agreement between the City of Palm Springs, California, and Mr. Melvyn Haber,the terms
of which provide for the reimbursement to Mr. Haber for costs associated with an off-site
public sewer extension in Stevens Road, which benefits adjacent properties. The
properties subject to the terms of the Agreement and a proposed assessment are:
ASSESSOR PARCEL NO. STREETADDRESS ASSESSMENT
1. 505-051-006 690 W. Stevens Road $ 8,418.71
2. 505-052-011 707 W. Stevens Road $ 8,418.71
3. 505-052-014 675 W. Stevens Road $ 8,418.71
4. 505-052-016 695 W. Stevens Road $ 8,418.71
TOTAL $ 33,674.84
The Public Hearing will be held at the Council Chamber of the City Council of the City of
Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.
Interested persons wishing to express their views on the consideration of the Agreement
will be given the opportunity to do so at the Public Hearing or may, prior to the time of the
Public Hearing, submit written comments to David J. Barakian, Director of Public
Works/City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262,
telephone number(760) 323-8253, extension 8732.
Pursuant to California Government Code Section 66016 and 66018, this Notice shall be
published twice, at least ten days prior to the public hearing, and sent at least fourteen
days prior to the public hearing to any interested person who has filed a written request.
Date:
PATRICIA A. SANDERS
CITY CLERK
List of persons:
1. Mr. Edward J. Marteka - 690 W. Stevens Road, Palm Springs, CA
92262
2. Mr. Mitchell T. & Mrs. Emily Willey - 695 W. Stevens Road, Palm
Springs, CA
3. Mr. Melvyn Haber- 700 W. Stevens Road, Palm Springs, CA 92262
4. Mr. John C. Otto -707 W. Stevens Road, Palm Springs, CA 92262
PROOF OF PUBLICATION T Ills) for County Clerk's Filing Stamp
(2015.5.C.C.P) $
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a resident of Proof of Publication of
the County aforesaid;I am over the age of eighteen ------------------------------------------
years,and not a party to or interested in the No 7831
above-entitled matter.I am theprincipal cleric of a a of PALM I
NOTICE OF PUBLIC
HEARING
printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that on April 21,
COMPANY a newspaper of general circulation, 2004, at the hour of 7 00 p.m.or as soon thereat-
ter as passible, the City Council of the City of
printed and published in the city of Palm Springs, Palm Springs, California, will hold a Public Hear-
Count of Riverside,and which newspaper has been ing with respect to the consideration of a Sewer
yConstruction Refund Agreement between the Cry
ad'ud ed a newspaper of general circulation b the of Palm Springs, California, and Mr Melvyn No-
IT gg Y per,the terms of whroh provide for the rermburse-
Superior Court of the County of Riverside,State of merit to Nl r. Haber for costs associated with an
off-sloe public sewar m:tenslon in Stevens Road,
California under the date of March 24,1988.Case which benefits adjacent pioperdes.The pmpeCles
subject to the terms of the Agreement and a pro-
Number 191236;that the notice,of which the posed assessment are
annexed is a printed copy(set in type not smaller ASSESSOR PARCEL NO. STREET ADDRESS
than non pariel,has been published in each regular ASSESSMENT
and entire issue of said newspaper and not in any 1 505-051-006 690 W,Stevens Road
71
supplement thereof on the following dates,to wit: 2 505-052-011 707 W.Stevens Road
$8,118.71
3.505-052-014 675 W.Stevens Road
N8,a16.71
April 14"' 16°i A.505-052-016 695 W Stevens Road
ye,41 e 71
TOTAL $ 33,674.84
The Public Healing will be held at the Council
-----—---------—-------—----------------------- Chamber of the City Council of the City of Palm
Springs, 3200 East Tahgmtz Canyon Way, Palm
All in the year 2004 Springs, California, 92262. Interested persons
(
I certifyor declare)under enal of er ur e wishing to express tire[, views on the consscler-
p ty P 1 Y that the atron of the Agreement will be given the opportu-
foregoing is true and correct, pity to do so al the Public Hearing or may, prior
to the time of the public Hearing submit written
comments to David J.Esfahan, Director of Public
Works/City Cn9ineer,�3200 East Ti Canyon
Dated at Palm Springs,California this-----loth---day Way, Palm Springs, California, 92262, telephone
number (760) 323-8253, eatenson 8732.
of—--------MaY
-------------------------- 2004 Pursu66016 at to C.lifo6018. this
Government Niks Code Section
66016 and 6GOt8, this Notice shall he ppublished
/ i twice, d Iasi ten days prior to the aliel hear
1 ^ ( / mg, and sent at least fourteen days prior o the
],_i r ppubic hearing to any interested poison who has
�_ � �� �___ tiled a written request.
Signature Ye `� I PUB' Ao'I t4 16 2004 PATRICIA A SANDERS
g CITY CLERK
RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A SEWER CONSTRUCTION
REFUND AGREEMENT BETWEEN THE CITY OF PALM
SPRINGS AND MR. MELVYN HABER
WHEREAS, by Resolution No. 13773 of the City Council, dated April 15, 1981, a policy
was established for the formation of Sewer Construction Refund Agreements, and
WHEREAS, Mr. Melvyn Haber have caused to be constructed at his own expense an
off-site sanitary public sewer main extension in Stevens Road, which has been
connected to the existing City public sewer system; and
WHEREAS, the proposed Sewer Construction Refund Agreement provides for collection
of a proportionate assessment of costs associated with the off-site sewer extension to
properties benefiting from the sewer main extension; and
WHEREAS, the assessments collected from the benefiting property owners shall be
reimbursed by the City to Mr. Melvyn Haber at the time a permit for sewer connection to
the sewer main is applied for by a benefiting property owner, and in accordance with the
terms of the Sewer Construction Refund Agreement.
NOW THEREFORE BE IT RESOLVED as follows:
1. That the City Council of the City of Palm Springs does hereby approve the Sewer
Construction Refund Agreement between the City of Palm Springs and Mr.
Melvyn Haber.
2. That the City Clerk shall cause to be recorded the Sewer Construction Refund
Agreement with the Riverside County Recorder.
3. That the terms and obligations set forth in the Sewer Construction Refund
Agreement shall incur and apply to the benefiting properties during the term of
the Agreement, as may be amended or extended.
ADOPTED this 21"day of April, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM: I1