City Council Agenda Report
TO: Mayor Clauzel and Members of the City Council
FROM: Ken Irwn, City Manager
BY: Mike Willett, Public Works Director
MEETING DATE: June 18, 2024
ITEM NO: 5.7
SUBJECT: Approve Resolution No. 2024-35 Approving and Authorizing the City Manager to Finalize, Execute, and Implement a Deferred Improvement Agreement with Property Owner Mohammed S. Altarb, for 314 N. 2nd Street (APN# 131-010-030); and Authorizing the City Clerk to Record the Agreement.
RECOMMENDATION
Motion to Approve Resolution No. 2024-35 Approving and Authorizing the City Manager to Finalize, Execute, and Implement a Deferred Improvement Agreement with Property Owner Mohammed S. Altarb, for 314 N. 2nd Street (APN# 131-010-030); and Authorizing the City Clerk to Record the Agreement.
BACKGROUND
Improvements are installed per City standards and for the maintenance of the improvements once they are completed and accepted by the city. Additionally, the Public Works Department is responsible for ensuring that all businesses established within the City limits comply with all state and local laws.
As part of new development and business process, the city ensures that the business have adequate cross-connection system (backflow devices), trash enclosure to accommodate CalRecycle & stormwater mandates for trash, recycling, and organics if applicable; and grease interceptors for all FOG (Fats, Oils, Grease) generating establishments. Currently the business located on 314 N. 2nd Street (APN# 131-010-030-000) is required to have all three.
However, at this time the property owner has requested a Deferred Improvement Agreement for the grease interceptor and trash enclosure.
ANALYSIS
The “Deferred Improvement Agreement” is a legal document that commits the property owner to install 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 that was prepared by the City and reviewed by the property owner. If approved, the agreement would have a term of 2 years or less if the property undergoes tenant improvement or any type of modifications to existing facilities.
FISCAL IMPACT
All costs associated with this item are paid by the property owners.