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Home My WebLink AboutLeroy Collins and Serge Zweibel - Reimbursement Agreement 77 "► 4- =' 1 .J, fe CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Paul E. Cook From F. B. Arguello Director, Public Works Director of Finance Subject Reimbursement Agreement 77D2 Date November 6, 1979 Our records do not indicate any fees recorded that pertain to this agreement. F. B. Ai uello Director of Finance FBA/MA/cg EIVED p = ' -UBLIC WORKS r: v 7 1979 ►'��ra r„"�-rON 4 CITY OF HUNTING'iON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To Frank Arguello From Paul E. Cook Finance Director .. Director of Public Works Subject Request for Payment on Reimburse-Date November 6 , 1979 ment Agreement 77-D2 Leroy Collins and Serge Zweibel have again requested payment on Reimbursement Agreement 77-D2. The total amount they are seeking is $2, 330 . 00 for the construction of a catch basin at Talbert and Beach in Drainage District 3. Our records do not indicate that any drainage funds have been collected in that a4ea since the agreement was approved. . Please begin a review of the agreement and let us know if funds are available for pay- ment to Collins and Zweibel. PEC: jy City of Huntington Beach U'+�) P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT October 24 , -1979 Leroy Collins and Serge Zweibel 231 1/2 So. Gale Drive Beverly Hills, •CA 90211 Re. : Reimbursement Agreement 77-D2 Dear Sirs: The terms of subject agreement call for reimbursement as de- velopment fees are collected in the area served. Our records do not indicate that any such fees have been collected to date. Consequently, no reimbursement can be made at this time. The agreement will not expire until October 17 , 1982 . It is, therefore, possible that some reimbursement can be made prior to that date. You may wish to check back periodically on the status of fee collection. Feel free to do so. Sincerely, Paul E. Cook Director of Public Works Jim Sankey , Department Analyst PEC:JS: jy Beask-Talbert Village Callima-Zweibel 2312 So.QjLle Drive Beverly Hills, Cal.90211 October 14,9 1979. Mr. Jim Sankey City of Huxtixgton Beask Huxtiixgt ox Beask, Ca1.92648. Dear Sirs ; Re ; File R A # 77 - D 2s REIV&O'URSEMENr AGREEMEM. Tkis re-.inbour.a*next kaa beer 'approuved for. payment for son* time now. Ae would appreciate very siusk you giviag tyke nesessary inatrue» #ions ix ttkis respest Tkanking you in adavaxss fok year ixrr.ediat;e attention, Yours very truly, Heask-Talbert Village. 4 Collins Zweibel. A 2 IS � -It City of Huntington Beach P.O. BOX 190 CALIFORNIA 92649 ENGINEERING DEPARTMENT p 1 city 01' ,•,!* 1,:�,1 tJ , .1 TO: Honorable Mayor and City Council Aa'`AI'''�"' ATTN: Floyd G. Belsito, City Administrator lr FROM: H. E. Hartge, Director of Public Works DATE: September 29, 1977. SUBJECT: Reimbursement Agreement 77-D2 STATEMENT: Transmitted herewith is a reimbursement agreement between the City and Leroy Collins and Serge Zweibel for a catch basin built in Beach Boulevard at their expense. Fees will be collected from the area served to pay the reimbursable amount to these developers. RECOMMENDED ACTION: Approve the agreement and authorize the Mayor and City Clerk. to execute same. 0 ANALYSIS: Messrs. Collins and Zweibel have constructed a catch basin to serve their development at the southwest corner of .Beach and Talbert and adjacent properties for .a total cost of. $2,589.00. This facility is part of the City's_master plan of drainage. The amount that the developers are entitled' to have reimbursed is calculated as follows: Total Job Cost of Facilities $2,589.00 Less Ten. Percent (10%) per 259.00 Code Section 14 .4,8. 070 (c) Reimbursable Amount $2, 330.00 . Payment of the above amount will' be made from fees collected from the area served by the subject facility. FUNDING SOURCE:. Drainage District No. 3 Fund. HEH:J*AW:lw V • _ � /it REIMBURSEMENT AGREEMENT 77-D2 STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the City OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY, " and LEROY COLLINS and SERGE ZWEIBEL, hereinafter called "BUILDER. " W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with CITY, has, at its own cost and expense constructed one 14' wide catch basin, at the southwest corner of Beach Boulevard and Talbert Avenue, hereinafter called "FACILITIES, " to serve BUILDER'S Development located at 18011 - 18061 Beach Boulevard and adjacent properties, and FACILITIES have been constructed in conformance with the plans and specifications approved by the Director -of Public Works of CITY, and FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY'S Municipal Code, Section 14.48.070. NOW, THEREFORE, in consideration of the covenants and agreements herein contained; the parties hereto agree as follows: BUILDER has constructed, at a total cost of $2 ,589.00, a catch basin, to serve Drainage District No. 3. Exhibit "A" ,- attached hereto and made a part hereof, is a map of the area served. BUILDER has dedicated FACILITIES to CITY: The maximum refund to be paid to BUILDER under this Agreement is as follows: Total job cost of FACILITIES $ 2 ,589.00 Less ten percent (104) per Code Section 14 . 48.070 (c) 259.00 Maximum refund 2,330.00 Refunds shall be payable for a period of five (5) years from the 1 date of applicant' s spplication and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off-site construction costs. Fees shall be collected, deposited and expended pursuant to Sections 66483 and 66487 of the government code of the State of California and all other laws of the State of California. No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in said District #3 to refund BUILDER. The parties agree that previous developers within the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available within District #3. If a developer who develops property served by the facility constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer credit toward the per acreage fee consistent with this said agreement; and no fees shall be due BUILDER by reason of such construction and credit. The CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the . facilities paid for by BUILDER. The CITY's refusal to allow any connection or connections into the facilities paid for by BUILDER shall not make the CITY liable for any refund which might have accrued to BUILDER if such connection had been permitted. 1 The CITY retains the right to allow a connection by a public Agency exempted from payment of cennection fees and shall not be liable to BUILDER for refund because of said connection. 2 The CITY shall not be required to pay attorney' s fees or court costs for any breach of this agreement. The CITY shall not be required to make reimbursement to any person until all drainage construction projects in a drainage area served by FACILITIES are completed. (REST OF THIS PAGE NOT USED) EXECUTED in Huntington Beach, California on this the 17th day of October , 1977. ATTEST: City. Clerk Mayor Pro-Tempore REVIEWED AND APPROVED: APPROVED AS TO FORM: y� Ik City inistrator 42Ci Attorne INITIATED AND APPROVED AS TO CONTENT: Director of Publ Works LEROY COLLINS AND SERGE ZWEIBEL (BUILDER) m �cA6� 0 i'�2oo� i V zi m TAYL09 nR �L1�1 AW otwo or fly -wrist' smsax L OF-L fMllTf CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To H. E. Hartge From A. De La Loza Director, Public Works Contracts Administrator Subject Contract 77-130 (Collins) Date September 9, 1977 The subject agreement has been reviewed and approved by all concerned department directors. It is, therefore, now ready for transmittal to the City Coun it and execution by the appropriate parties. i I A. De La Loza Contracts Administrator AD/cg ? OF FUS_i= WORKS 1977 HUf\MN<3T69 ]BEACH. CALIF. CONTRACT POUTING MEMO To: Applicable Department Director From: A. De La Loza u ^� ^ � ^s� Contracts Administrator Subject : Contract rr _ l Please review attached agreement and note recommendation and comments prior to routing to the next department listed. DEPARTMENT RECOMMENDATION- DATE w (Approval/Disapproval ) � 3� ' 1 . Initiating Department: ' 2. Contracts Administrator _ (Log/Distribution) �� ' 77 3. City Attorney 4. Finance Di rector jai 5. City Treasurer/Risk Mgr. 6. Other 7. Other 8. City Administrator 9. City Council 10. City Clerk 11 . Contracts Administrator -, Attach comments, if necessary. �1.. S v r' " 1A CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH " 'To H. E. Hartge From A. .De La -Loza Director, Public Works Contracts Administrator Subject Contract 77-130 ' (Collins) Date September 9, 1977 The subject agreement-has been reviewed. and .approved by all. concerned department directors. It is, therefore, now ready for. transmittal to the City-Coun it and execution by the appropriate parties. A. De La Loza Contracts Administrator . AD/cg HUN-nNGTOM 13 ACH. CALIF. CONTRACT :J:IT I NG MEMO To: Applicable Department Director From: A. De La Loza Contracts Administrator Subject : Contract ,', / ^ 1. 30 Co k- n�S Please review attached agreement and note recommendation and comments prior to routing to the next. department listed. DEPARTMENT RECOMMENDATION'z DATE W (Approval/Disapproval ) 3tf', 1 . Initiating Department : r G 2. Contracts Administrator (Log/Distribution) 3. City Attorney _ 77 4. Finance Director — gJ7l / 5. City Treasurer/Risk Mgr. 6. . Other 7. other 8. City Administrator 9. City Council 10. City Clerk 11 . Contracts Administrator Attach comments if necessary.. f• REIMBURSEMENT AGREEMENT 77-D2 STORM DRAIN CONSTRUCTION. THIS AGREEMENT entered into by and between the City_ OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY, " and LEROY COLLINS and SERGE ZWEIBEL, hereinafter called "BUILDER. " W I T N E S S E T H: WHEREAS, BUILDER, pursuant to its agreement with 'CITY, has, at its own cost and expemse .constructed one 14 ' wide catch basin, at the southwest corner of Beach. Boulevard and Talbert Avenue, hereinafter called "FACILITIES, " to serve BUILDER' S Development located at. 18011 18061 Beach Boulevard and adjacent properties and FACILITIES have been constructed in conformance with the plans and specifications . approved by .the Director of Public Works of CITY, and FACILITIES have been dedicated to CITY, and CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES as provided by CITY' S Municipal Code, Section 14. 48. 070. NOW, THEREFORE, in consideration of- the -covenants and agreements herein contained, . the .parties hereto agree as follows: BUILDER has constructed, at . a total cost of $2 ,589.00, a catch basin, to serve Drainage District No. 3. Exhibit :"A" , attached hereto and made a part hereof, is` a map of .the area served. . BUILDER has dedicated FACILITIES to CITY. .The maximum refund to be paid to BUILDER under .this Agreement is as follows Total job cost of FACILITIES $ 2 ,589 . 00 Less ten percent (100) per Code Section 14 . 48. 070 .(c) 259 . 00 Maximum refund 2 ,330. 00 Refunds shall be payable for a period of five (5) years from the i 1 ; ' date of applicant' s spplication and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off-site construction. costs. Fees shall be collected, deposited and expended .pursuant to Sections 66483 and 66487 of the government code . of the State of California and all other laws of the State .of California. No refund shall be. made by CITY to BUILDER until the Director of Public. Works shall certify in writing to the Finance Director that . fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in said District #3 to refund BUILDER. The parties agree that. previous developers within the district shall have their claims .liquidated prior to the obligation established by this agreement so long as funds are available within District #3 . If a developer who develops property served by the facility constructed by BUILDER is required as a condition of development to construct additional facilities, CITY may allow said developer .credit toward the per acreage fee consistent with this said agreement; and .no fees shall be due BUILDER by reason of such construction and credit. The CITY shall not be liable for payment of any .refund- by reason of .its failure _to collect or receive from any person the service fee for connecting into the facilities paid for by '.BUILDER. The CITY' s refusal 'to allow any connection or connections into the facilities paid for by BUILDER shall not make the CITY liable for any refund which might have accrued to BUILDER if such connection had been permitted. The CITY retains. the right to allow a connection by a public agency exempted from payment of cennection fees. .and shall not be liable to BUILDER for refund because of said connection. 2_ The CITY shall not be required to pay attorney' s. fees or court costs for any breach .of this agreement. The CITY shall not be required to .make reimbursement to any person until all drainage construction projects in a drainage area served by FACILITIES are completed. (REST OF THIS PAGE NOT USED) EXECUTED in Huntington Beach, _ California on this the 1917 . ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney �V INITIATED AND APPROVED AS TO CONTENT: Director of Public Works LEROY COLLINS AND SERGE ZWEIBEL (BUILDER) 4 � J J LU EXH I I T. �'A m tA0 gf AVM. 0445 Q 1".2001 v w m TAYL09 DR. e AREA h. Wo 8Y FW W rMp SHEET±Of SHEETS CITY OF HUNTI,. ,TON BEACH TO: � DEPARTMENT DATE ❑ For your approval. ❑ Per your request. ❑ For your signature. ❑ For your information. ❑ Take appropriate action. ❑ Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file.. Please call: TELEPHONE f Mrs. Miss TIME CALLED DATE CALLED TELEPHONE NO. MESSAGE FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP ►i FIB City of. Huntington Beach R.O. BOX 19.0 CALIFORNIA 92648 ENGINEERING DEPARTMENT September 20, 1977 Leroy Collins 3504 East Century Blvd. Lynwood, California 90267 Subject: Reimbursement Agreement 77-D2 Dear Mr. Collins : Enclosed please find the subject agreement between the City and Leroy Collins and Serge Zweibel for the catch basin built in Beach Blvd. at your expense. Please sign the agreement and -return it to this office so that I may transmit it to the City Council for their approval. If you have any questions regarding this agree ment, please call John Whipple of this office at 536-5431. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. j TO: . Honorable Mayor and City Council ATTN: - Floyd G. Belsito, City Administrator FROM: H. . E. Hartge, Director of Public Works DATE: September. 2.9, 1977 SUBJECT: Reimbursement Agreement 77-D2 STATEMENT Transmitted herewith 'is a reimbursement agreement between the City and Leroy Collins and Serge Zweibel for a catch basin. built in Beach Boulevard at their expense. Fees will be collected from the area served to pay the reimbursable amount to these developers. RECOMMENDED ACTION Approve the agreement and authorize the Mayor and City Clerk to execute same. ANALYSIS: Messrs Collins and Zweibel have constructed a catch basin to serve their development at the southwest corner of Beach and Talbert and adjacent properties for a total cost of $2,589.00. This facility is part of the City's master plan of drainage. The amount that the developers are entitled to _have reimbursed is calculated as follows: j) Total Job Cost of Facilities $2,589.00 ;I Less Ten Percent (10%) per 259. 00 Code Section 14 .48. 070 (e) ' Reimbursable Amount $2, 330.00 Payment of the above amount will be made from fees collected from the area served by the subject facility. FUNDING SOURCE: Drainage District No. 3 Fund.. HEH:JWW:lw i . I , September. 20, 1977 Leroy Collins 3504 East Century Blvd.- Lynwood, California 90267 . Subject: Reimbursement Agreement 77-DV' Dear Mr. Collins: Enclosed please find the subject agreement between the City and Leroy Collins and Serge Zweibel for the catch basin built in Beach Blvd. at your expense. Please sign -the agreement and return it to this office so that I may transmit it to the City Council for their approval. If you have any questions regarding this agree ment, please call John Whipple of this office at 536-6431. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:mc Encl. REIMBURSEMENT AGREEMENT 77-D2 STORM DRAIN CONSTRUCTION THIS AGREEMENT entered into by and between the City OF HUNTINGTON BEACH, a municipal corporation, hereinafter called "CITY, " and LEROY COLLINS and SERGE ZWEIBEL, hereinafter called "BUILDER. " W I T N E S S E T H: WHEREAS, . BUILDER, pursuant to its agreement with CITY, has, at its own cost and expense constructed one.. 14 ' wide catch basin, at the ,southwest corner of Beach Boulevard and Talbert Avenue, hereinafter called "FACILITIES, " to serve BUILDER'S Development located at 18011 - 18061 Beach Boulevard and adjacent properties, and FACILITIES have been constructed in conformance with the plans and specifications approved by the Director of Public Works of CITY, and FACILITIES have been dedicated to CITY, and 'CITY now desires to reimburse BUILDER for a portion of the cost of the construction of FACILITIES, as provided by CITY' S Municipal Code, Section 144'8.070. . NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties. hereto agree as follows: BUILDER has constructed, at a. total cost of $2 ,589.00, a catch basin, to serve Drainage District No. 3. Exhibit "R" , attached hereto. and made a part hereof, is a map, of the area served. BUILDER has dedicated FACILITIES to CITY. The maximum. refund to be paid to BUILDER under this Agreement is as follows: Total job cost of FACILITIES $ 2 ,589.00 Less ten percent (10%) per Code Section 14 . 48.070 (c) 259.00 Maximum refund 2 ,330.00- Refunds shall be payable, for a period of five (5) years from the .. 1 date of applicant's spplication and shall bear no interest. Refunds shall not exceed ninety percent (90%) of off-site construction costs. Fees shall be collected, deposited and expended pursuant to Sections 66483 and 66487 of the government code of the State of California and. all other laws .of the State of California. , No refund shall be made by CITY to BUILDER until the Director of Public Works shall certify in writing to the Finance Director that fees have been collected in the drainage area served by FACILITIES and that there is a positive balance in said District #3 to refund BUILDER. The parties agree that previous developers within the district shall have their claims liquidated prior to the obligation established by this agreement so long as funds are available within District #3. ' If a developer who develops property served by the facility constructed by BUILDER is required as a condition of development to construct additional facilities, CITY .may allow said developer credit toward the per acreage fee consistent with this said, agreement; and no fees shall be due BUILDER by reason' of .such construction and credit. The CITY shall not be liable for payment of any refund by reason of its failure to collect or receive from any person the service fee for connecting into the facilities paid for by BUILDER.' The CITY' s refusal to allow any connection or connections into the facilities paid for by BUILDER shall not make the CITY liable for any refund which .might have accrued to BUILDER if such connection had been permitted. The CITY retains the right to allow a connection by 'a public agency exempted from payment of cennection fees and shall not be liable to BUILDER for refund because of said connection. 2 The CITY shall not be required to pay attorney' s fees or court costs for any breach of this agreement. The CITY shall not be required to make reimbursement to any person until all drainage construction projects in a drainage area served by FACILITIES are completed. f ° (REST OF THIS .PAGE NOT USED) I EXECUTED in Huntington Beach, California on this the 1977. ATTEST: City Clerk Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: City Administrator City Attorney INITIATED AND APPROVED AS TO CONTENT: Director of Public Works LEROY COLLINS AND SERGE ZWEIBEL (BUILDER) i rAI,��Rt' -_ AVM. A99A 491 0 --lo.Y. fhtIVITlf.h:_ MEET Of fNEETS ycA�� Q " m 1AYLog. AkEA h�-Rv�O:6_Y: FAG.1�ifr�y . - ' SHEET�OF�SHEETS , ► � I ,j , fl i UD 4 � i 1 � i { it I l � f j - I - --- _TA_Y=LSD i . I: - i SHEET-1 OF I SHEETS r �• City of Huntington Beach P.O. BOX 190 CALIFORNIA 92648 ENGINEERING DEPARTMENT January 24, 1977 Leroy Collins 3504 East Century Blvd. Lynwood, California 90267 Subject: Refund of Drainage Fees Beach Blvd. at Talbert- Ave. Dear Mr. Collins: In response to your request for a refund of drainage fees for the catch basin built at your expense, I would like to explain the City' s position concerning your request. The City Attorney' s office has advised this department that the City shall not be required to make reimbursement to any person until all drainage construction projects in the drainage district are completed. Furthermore, a reimbursement agreement should not be entered into unless there will be sub- sequent developers who will pay the City fees in the particular drainage area. Because of these two reasons, I cannot approve your request for a refund of drainage fees. If you wish to discuss this matter, please call John Whipple of this office at 536-5431 or James Georges, Deputy City Attorney, at 536-5555. Very truly yours, H. E. Hartge Director of- Public Works HEH:JWW: jy ,4 r OFFICE OF THE CITY ATTORNEY OPINION 1,10. 77-1 January 13, 1977 SUBJECT : Drainage Fee Reimbursements / REQUESTED BY: H. E. Hartge , Public Worl.s Director ✓ PREPARED BY: Don P. Bonfa, City Attorney James Georges , Deputy City Attorney QU ,STION: Can the City enter into a reimbursement agreement with a downstream developer for refund of drainage fees charged to a development which accommodates upstream properties which have already been developed and drainage fees paid? ANSWER: .40, unless there will be subsequent developers who will pay the cit.v fees .for the particular drainage area. BAChGROU'•iD: Developers are reauesting a refund of drainage fees for a drainage catch basin built at their expense and at the request of the State . The developers removed an existing catch basin and constructed one with a larger capacity. The developers .have already paid their drainage fees to the City. The new catch basin is necessary to accommodate the water runoff from the upstream properties . The upstrea_ii properties have already been developed and drainage fees have already been paid. DISCUSSION: The Hwztinton Beach i'unicipal Code Section 1�-4 . �48 .070 (g) pro- CD vides : "The city shall not be. required to make reiffoursement to any person until all drainage construction projects in a drainage area are completed. " Government Code Section 66483.1 provides , in part : . "After .com»leti on of the. facilities and the payment .of all claims . . . city shall determine by resolution the amount of the surplus, if any, remaining in any of such funds . " OFFICE OF TIiB CITY ATTORNEY January 13, 1n77 OPINION NO. 77- Page 'TMao Government Code Section 66483.2 provides , in part : "Any surplus remaining shall be refunded as follows : " (a) There shall be refunded to the current owners of property for which a fee was previously collected, the balance of such monies in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or, sever area. . . . " CONCLUSION: The City shall not be required to make reimbursement to any , person until all drainage construction projects in a drainage area are completed. (Huntington Beach I.11unicipal Code Section 14 . 43. 070 ) Reimbursement agreements shall not 'be entered into unless there are subsequent developers who will pc-y the City drainage fees. for the -particular drainage area, or all drainage construction projects in the particular drainage area are completed. DON P. B011FA City Attorney h JAn7ES GEORGES Deputy City Attorney DPB:JG : cs cc: City Administrator Walt Hurtienne n t 1 . Wr• SECTIONAL DISTRICT MAP 35-5-11 CITY OF LEGEND a.E.mn rrorou.ra:Ar HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP ts M M S3 M TALBERT AVE L IL r. F [) N N)Fi•D coCG�E c I At S C.F—R eaayse WS� (HUPMNS fON CENTRAL PARK) _uUNTY - � o�S. TRANSFER GROTH ' '.'hEVM1tDTLFT iMd1 DK- ®y N ONTARIO DR H'ILSO!I y� J XR W C F-C D4 m (FIRE';TA OThXN:N!i FAf. ----- ALBERTA DR IN DR, YUKON DR' �. YY ELLIS AVE. - 1 (Fr_ PtiffS) - COMYOOORE Cp.' . F'ERRO C:'•RP. .RROR - !:EC•ICAL VWERS - PA•F CA S 405P[TA U Q r In RR a+;v 3 AOSPIMU. _C-T G.)TS3N O Z 2 N1'A� ^.rrT � i GARFIELD AVE. I i I j _.�---- �-- �, .✓ I ;��-�. f �J � � � , ��. - i � F f January 24, 1977 Leroy Collins 3504 East Century Blvd. Lynwood, California 90267 Subject: Refund of Drainage Fees Beach Blvd. at Talbert Ave. Dear Mr. Collins: In response to your request for a refund of drainage fees for the catch basin built at your expense, I would like to explain the City's position concerning your request. The City Attorney's office has advised this department that the City shall not be required to make reimbursement to any person until all drainage construction projects in the drainage district are completed. Furthermore, a reimbursement agreement should not -be entered into unless there will be sub- sequent developers who will pay the City fees in the particular drainage area. Because of these two reasons, I cannot approve your request for a refund of drainage fees. If you wish to discuss this matter, please call John Whipple of this office at 536-5431 or James Georges, Deputy City Attorney, at 536-5555. Very truly yours, H. E. Hartge Director of Public Works HEH:JWW:jy BCC: Jim Georges I • CITY OF HU NTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH - To City Attorney From H. E. Hartge Director of Public Works Subject Drainage _Fee Reimbursement Date December 20, 1976 Attached is a letter from Leroy Collins and Serge Zweibel requesting. a refund of drainage fees for $2, 589. 40 for a drainage catch basin built in Beach .Blvd. at their expense. At the request of the State, they removed an existing catch basin and constructed a larger catch basin with increased capacity. They made these im- provements in conjunction with their development at. Beach and Talbert, and paid drainage fees to the City in the amount of $6, 038 .85. The new catch basin is necessary to accommodate the runoff from the upstream properties. However, the upstream properties have developed and paid drainage fees prior to the project in question. Can the City enter into a reimbursement agreement, to refund Messrs. Collins and Zweibel a portion of the drainage fees they paid to the City? If additional information is needed, please call Walt Hurtienne or John Whipple of this office.. H. E. Hartge Director of- Public Works HEH JWW: j_y Attach. C6 5 VA /V (c)oz I- t -rs 0.1 (Zog IWA fi-2 I ' l �I I _ _ 1 I i I I - ,U 9' r August 15, 1975 Department of .Transportation District 7 P. 0. Box 2304 : Los Angeles, California 90051 Attention: Hydraulics - 'Will. Brisley . Subject: (B)Ora.-039-3.42/3.54 HTB 75-187-039 HTB '75-188-039 Gentlemen: The City has rece' ived *and 'reviewed hydrology calculations submitted pertaining to the surrounding tributary area`*of the subject development, and concurs with the results, having found them accurate and correct. The 18" CIiW has been found to have a capacity-of 8.2 LI.F.S. , and the -downstream 18" x 11" CMPA some- what less. Q 5 for the tributary area (including full development) to the in et point is 17.8 C.F.S. Therefore, the 18" CMP is 200% .' ' underdesigned. ' The overabundance of -runoff is certainly not caused in total due' to the proposed development. it is, therefore, felt that the requirement of additional off-site-work to increase the downstream capacity is not warranted. , With development of the southwest corner of Talbert Ave. and Beach Blvd. drainage fees will be collected and applied to the im roving of the system at the intersection,-'thus bringing it up to current standards. If you have any questions concerning this matter, please con= tact our office at 536-5431. ` Very truly yours, - H. E. Hartge Director of Public 'Works HEM RRD:jy cc: Dale K. Price - ----- - -----_ } ''r:'y 1^��'`-.e� `%� -- := e :t -- �� -� ''1- �.. i, t t �{ ,�11 b _.+' r�t'. ''' Y�`�; S -s s' 4++ _�•��- �w r ti Q. �x ;-Y f - - - .�----_c-----�i-- ti USE BALL POINT PEN ONLY PRESS FIRMLY • ,, c s5. a t '°^;: �.. �� CASH RECEIPT 4` _. • I� CITY OF HUNTINGTON BEACH ( toBox 711 tgyc C� �t� HUNTINGTON BEACH,CALIFORNIA 92648 ] (714) 536-5511 + CITY TREASURER—WARREN G._HALL r Y �a DEPT. ISSUING ♦" DATE'f' /.i�G ,•RECEIVED FROM P/r_ `= �1a. t✓ / j' '/C'. _ - ADDRESS_ / C;}Trc (. FOR f w. T �_�. . . AMOUNT RECEIVED _CHECK )):; ,•�: fr+'. r% f A.B.A.# RECEIVED BY �� +ram,#e Y�' T •�'M'J�,y'i'HA ?�81)f -' , � - .' _ _- - ,� -�,w•� „y�Av�-_. ?(' }ACCOUNT AMOUNT-:77 •• u� a 1 Y ;' it�„_',' �;y_ .. •. r.-._ is - - . . - .1 _tir :•', .. .. l r ! >s _ TOTAL. rf o ISSUING DEPARTMENT Iu, No. oo ��•W ��'-r �!' p?� _ 1- r�.�._.—�,A..+a- �_. _s r�3. �'--,rq �ix •+•y—•F... >p,vr. .p p.. -- �-' "i}-y.. r�.�eS.F,- ,.Y, __• '�u= �r. ,,yam,, i ��w��.v-.t,�.>- L.^"C•?w..,,r5':'r"' -r•,: i�•�r- �:=.Or'+�� a, '�•�.�r'�r _ -.rf 2. ,�_`r-. "�,i _ A_` ;� _ ¢5i. - r .!'",,,�+ �.u�y. t,.s7 iw� t' v�...v E�� ..r.... 'fit-.,'. ,t •�'w��,,}�Y,.;,, *, +'it :r.X :'°xt}..:'.s�.wf."s. r;�? .7`�•_ ra, tii,x 1-:.��.�G•,z..., i+,�..3 w�,:ri4-_ .�.' �,� ;v�S•r�..l,.iar-+}�• i,n;..-- --•e,-:�-.y,:-- Leroy Collins and Serge Zweibel 3504 East Century Boulevard Up C Lynwood, California 90262 of PUBLIC W0►ZK8 1976 October 6,. 19 7 6 yvN'nlvea�c �6ZAcH. CAuR City of Huntington Beach Engineering Department P. 0. Box_ 190 Huntington Beach, California 92648 Attention: Mr. Hartge RE: Catch Basin 141 located S.W. .corner Beach & Talbert, Huntington Beach Dear Sir: It is our opinion that the cost of removing the 4 ' catch basin and installing in lieu thereof the: 14 ' catch basin should be absorbed by the City of Huntington Beach from the drainage fee funds which we have paid. We have enclosed a written bid from our contractor, showing the cost of the project. Your immediate attention to this matter is appreciated. Yours truly, Leroy Collins,. Owner Serge Zweibel, Owner LC/eb Enclosure ADDITIONAL WORK AUTHORIZATION VOGE INC. License No. 107935 .7601 Crenshaw Boulevard LOS ANGELES, CALIFORNIA 90043 Area Code 213 753-1261 LICENSE NO. 107935 OWNER'S PHONE: DATE: NAME: Collins & Zweibel 1 9-30-76 STREET JOB NAME: JOB NUMBER 3504 East Centur Blvd. Sho in Center CITY STATE STREET Lynwood Ca. 1 18011 Beach Blvd. EXISTING CONTRACT NO. DATE OF EXISTING CONTRACT CITY STATE Huntington Beach Ca. You are hereby authorized to perform the following specifically described additional work: Install 141 Catch Basin per State of California requirements : Excava__t.e.-.__to._gr_ade.,___4....hrs., .-._backhoe_._m in. .._.@_2.7 . 50_:..._..__.._.______.-____..-__._1.1.0-..-0.0--__._____-___ Remove old catch basin and dispose: 150 . 00 --- ----- --Trisfall cone"refe_-catc __ asin.- ------------ ------------------------1�•880:_0-0 - ---- - - -- --. .. _. .. ------ - - - -------- ------- - — - - -- - 2 ,140 . 00 29354 . 00 - -- ---- - o ui er s ee _... __ ---._ . .. -- 235`.40 $29589. 40 ----------------------------------------------- ADDITIONAL CHARGE FOR ABOVE WORK IS: $ 2 , 589. 40 PAYMENT WILL BE MADE AS FOLLOWS: Cash upon completion of building. ***NOTE: No other items included bAit those/7sDecified ABOVE ADDITIONAL WORK TO BE PERFORMED UNDER CO DI N S�SPECIFIED IN RIGINAL NTRA�NLESS OTHERWISE STIPULATED. q Authorized signature: x X� Date /^ 3 O 1 �Authorized Signatur X X 9� (OWNER SIGNS HERE) WE HEREBY AGREE TO FUR LABOR AND M.ATER L i - COMPLETE IN ACCORDANCE WITH THE ABOVE SPECIFICATIONS, AT ABOVE STATED PRICE. P ` Authorized Signature Date 1974 (CONTRACTOR SIGNS HERE) THIS IS CHANGE ORDER NO. NOTE:This Revision becomes part of,and in conformance with,the existing contract. Form 120—Copyright 1961 New England Business Service,Inc.,Townsend,Mass. _ irf• I IV oz i I I .':�.-�..•.'r f-. ! ,•� �"/'GP/ 711 c, Xrcl r •' r .. Jar rS�-/ r-•• �'+�Jt �]`, `//�i �//r/7 . °tee fi��.3 "i_J�.,,•-��.�:` �.� � � '�(.�;�� _i ( � .,�"�' '"•1`1 Ec'�P� r :t�`" �• �cV� /! ro 74 � �/'t�•-'�r��b-y0 _ I Nf . I /A 9 ,� .. ��; � ma's cP ,�'; c, • � ....:,�t��;' !v' !."dot." b ��5 �y c�� L�� ,�j - � y �� . :q:6. ' l✓�� j I ..� _ �i d(G /,� �' 0.iI`•:� l � (�/.lJiD �d�,�J� )' � n�'.i 'AYE' :�. 74 i I . _50,,4C. 0;41 r, .,��✓ 7Aell 7,0 fI l - I 1 i I I ! i t i ✓ V�$ a.+� /a 1 .v h . S 4 `, �f 50 � I—nWJ y j' �" !:•"i ri•l :l b �s.�f..��' _ '. f CA ef IN, i I rl i i i _ r ( • I i S i ' r ��,'.e ,�•. :. r��n��/lei' I4G�D�i.� I• -151 00, 44 I � � � r; ,�� _. .'�-"'/ :� 1. �y � ./r-'.•S•'�r'�t1, '� '; •. ..r C--.•.ram• i I f I i i 'I I I i i ' I 1 i ; 1 N i.. iA p Va sr .. • - -� . -? � P•�,cam. .?�•r .^. 1 , r�.� '� { ! �•!� l' t 6 i.:) i � - �.✓�a � �� 1 i e f•. tvy��..�i = vi�Tt�NGT 'N_ BEACH F W _ Map on File with City CI- erk _ S w ■