HomeMy WebLinkAboutAGENDA REPORT 1989 0503 CC REG ITEM 08FELOISE BROWN
Mayor
BERNARDO M. PEREZ
Mayor Pro Tern
CLINT HARPER, Ph. D.
Council member
PAUL LAWRASON
Councilmember
SCOTT MONTGOMERY
Councilmember
RICHARD T. HARE
City Treasurer
TO:
FROM:
DATE:
MOORPARK
MEMORANDUM
The Honorable City Council
John F. Knipe, Assistant City Engineer
April 26, 1989
SUBJECT: Grading Bond Exoneration Policy
BACKGROUND INFORMATION
STEVEN KUENY
City Manager
CHERYLJ. KANE
City Attorney
PATRICK RICHARDS, A.l.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
On February 1, 1989, the City Council exonerated the DP-313
(Coats) grading Letter of Credit, effective February 1,1990.
In a recent letter, representatives of the Coats Family
Trust requested that the exoneration be effective
immediately. The letter's general intent was to request
that the Letter of Credit be exonerated one year following
the occupancy clearance, rather than one year following
official City Council action.
Previously established procedures were followed in
processing of the bonds for this development. As previously
directed, all fees must be paid and all City departments
must approve of the exoneration before submittal to City
Council. The one year guarantee period then begins at the
time of City Council action.
In the case of DP-313, grading improvements were deemed
complete on December 24, 1987. In consideration of the time
frame for this project, the City Council could find that, in
this case only, it is appropriate to exonerate the grading
Letter of Credit effective immediately rather than February
1, 1990. This would not be inconsistent with the current
Land Development Manual (see attached excerpt), which serves
as the City's standard for such procedures .
799 Moorpark Avenue Moorpark, Californi a 93021 (805) 52 9-6864
Page -2-
RECOMMENDED ACTION
It is recommended that the DP-313 (Coats) grading Letter of
Credit exoneration be effective immediately rather than on
the previously established date of February 1, 1990.
MOO!U\~l\K; CAUfOR.NU\
City countH M~~rtO
of _. ... ,,,. .. "":i":..,.2,._ 19aj_
AC110Ni_Qf-'{0*-v-<:cG ,
Jj~f< -f_, e 1 ';rvnt-P;r;,. ti a]lth-~
By ~
JFK: MSW: ts
cc: Steve Kueny, City Manager
Patrick Richards, Director of Community Development
R. Dennis Delzeit, City Engineer
Mark Wessel, City Traffic Engineer
Chris Lynch, Project Engineer
Ron Wilson, Construction Observer
JN 3464
JN 30050
JN 30056
AM01017.MEM
7204. BOND REDUCTION. The amount of the bond required by 7202
may be reduced under ~of the following conditions:
1. wnere the permittee requests reduction of the bond amou:it
after completion of a portion of the work and the Building
Official finds that reduction of the bond amount would not
be adverse to the public interest and would be of substa:i-
tial benefit to the permi ttee. Only one such reduction is
allowed prior to completion of all grading.
The reduction in bond amount shall be at the discretion of
the Building Official, but not more than 80% of the value
of the work completed. The face amount of the bond after
reduction shall not be less than $10,000, or the original
amount of the bond, whichever is less.
2. On satisfactory completion of all work required by the permit
with the exception of the one year guarantee. The reduction
in bond amount shall be at the discretion of the Building
Official but not more than 90% of the original bond amount.
The face amount of the bond after reduction shall not be less
than $10,000, or the original amount of the bond, whichever
is less.
3. When t~e Board of Supervisors sustains a written appeal
giving evidence that the amount of the bond is excessive to
the need for protection of the public interest. Any reduc-
tion shall be in the amount ordered by the Board .
. . Where su~_ej;_y_Q_qnds are us_~<i_,~g_l1<;:_~J_on _ in. ... _bond __ amount ___ will. _be
_.erocessed o_Ii!:Y. at the t:b_@...~-~.!}__<?,9._Q),._:t:J_9pal ___ p~emium ____ is __ 1:,o_ be paid
by the permi tt~~J:.1_J,,_£.t;.he_r: __ typ..§..~ .. .?.L __ S_t?c~r-~ ty_may. be reduced at
all tirnes __ l?.f-~.~~.E.i.:b_~d __ ,?1_:?.o_y_e.
7205. FAILURE TO COMPLETE WORK. The terill of each bond shall
begin upon the date of filing and shall remain in effect until
exonerated in accordance with Section 7206 below. In the event of
failure to complete the work or failure to comply with all of the
conditions and terms of the permit, the Building Official may
order the work described in the permit to be completed to his
satisfaction or cause the performance of all necessary corrective
work to· Eliminc.te hazards caused by not completing t:1e work.
The surety executing such bond or deposit shall continue tc be
firmly bounc" under a continuing obligation for the payment of
all necessary costs and expenses incurred or expended by the
County i:; causing any and all such work to be done. In the case
of cash deposits, any unused portion thereof shall be refunded
to the permittee at the t.:..me prescribed for exoneration of the
bond.
7206. BOND DURATION. Any bond posted purs~ant to Section 7200
shall remain in full force and effect until one year after a cer-
tificate of co~pletion is executed by the Build.:..ng Official, un-
less exonerated at an earlier date i::_;.-the Cau:ity. For a period ·~-----
of one year after execu-.Eion-o::--t.ne ce::::-ti:ficat:e-·a·:c completion, the
principals shall perform all maintenance and comply with all re-
requirements and conditions of the permit and the Grading Ordi-
nance.
-29a-12/14/82
EXCERPT FROM LAND DEVELOPMENT MANUAL