City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: June 21, 2022
ITEM NO: 5.4
SUBJECT: Approve Resolution No. 2022-31 Approving a Deferred Improvement Agreement with Imelda Ruiz for 125 Poppy Avenue, Authorizing the City Manager to Execute the Agreement, and Authorizing the City Clerk to Record the Deferred Improvement Agreement.
RECOMMENDATION
Motion to Approve Resolution No. 2022-31 Approving a Deferred Improvement Agreement with Imelda Ruiz for 125 Poppy Avenue, Authorizing the City Manager to Execute the Agreement, and Authorizing the City Clerk to Record the Deferred Improvement Agreement.
BACKGROUND
The Public Works Department is responsible for making sure that all public improvements are installed per City standards and for the maintenance of the improvements once they are completed and accepted by the city.
One of the requirements of this project was for the property owner to install public improvements which include sidewalks, curb/gutter, a driveway entrance, and landscaping along the frontage of their property located at 125 Poppy Avenue (APN# 048-043-015-000). However, this parcel is next to other properties that have no frontage improvements at this time. Therefore, staff and the property owners propose that the public improvements be deferred until the properties develop.
ANALYSIS
With this in mind, the City is requesting that the property owners enter into a “Deferred Improvement Agreement” which is a legal document that commits the property owner to installing the improvements upon receiving written notification from the City. Once the agreement is executed and recorded it will remain in effect even if the property is sold. Attached for your review and approval is the agreement prepared for this location. The property owner has reviewed it and is agreement with all terms and conditions specified in the agreement.
If approved, the owner(s) will be granted a deferment to install the frontage improvements for two years or when the area develops, whichever is first. At that time, the owner(s) will be required to submit plans to the City for approval and obtain the necessary permits to construct.
All work must be done by a licensed contractor and proper insurance and endorsement must be submitted to the City.
FISCAL IMPACT
All costs associated with this item are paid by the property owners.