HomeMy WebLinkAboutAGENDA REPORT 1990 1205 CC REG ITEM 11HBERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK ITEM
MOORPARK, CALIFORNIA
City C Il Meeting
of j'-27,
Iii- Eo
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: November 26, 1990 (CC meeting of December 5, 1990)
SUBJECT: PERFORMANCE GUARANTEES FOR DEVELOPER IMPROVEMENTS
Background
As a result of the applicants of several cases over the past few
years having disputes concerning bond exonerations for projects, a
related concern has developed. How does the City presently
guarantee performance for other than street and storm drain
improvements for such things as perimeter tract walls, including
stucco treatment; slope planting or other landscape improvements
not related to grading, and private recreational facilities?
Discussion
It is the desire of the Department of Community Development to
impose a separate bond requirement to guarantee the construction of
the aforementioned improvements. On August 28, 1990, a memorandum
was sent to the City Engineer requesting consideration that a
condition of approval be placed on discretionary permits requiring
a bond or other financial technique to guarantee the construction
of these improvements.
The City Engineer responded indicating that his office currently
requires various surety bonds only for improvements such as
landscaping that will be assessment district maintained and should
be in public improvement bonds:
o Grading
o Street Improvements
o Storm Drains
o Monuments
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799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
Often times these improvements get lumped in with public
improvements since bonds for the latter mentioned items are the
only leverage the City may have to make sure these non - public
improvements are constructed and maintained in a timely and
appropriate manner. This proposal will allow these improvements to
be addressed in the same manner as public improvements.
Typically, 100% of the estimated cost of construction for the above
items, is posted as security. Staff is suggesting that the
developer prepare an estimate of the cost of construction of the
wall, fence, landscaping, etc. improvements. This estimate of
costs would be reviewed and approved by the Department of Community
Development. A developer may receive a reduction in the bond
amount as progress in construction and acceptance by the City is
made. Approximately ten percent of the bond is held for a one year
guarantee period after project acceptance. However, staff is
recommending that the bond remain in effect for one year.
The City Engineer has agreed that a bond for perimeter walls,
fences and landscaping is needed for projects within the City.
However, the City Engineer has indicated that the administration of
this type of bond should be by the Department of Community
Development, because the improvements and inspection are normally
required by the Community Development Department.
Community Development staff proposes to begin placing the following
condition of approval on all future discretionary projects to
ensure that these improvements are made and retained in good order:
PRIOR TO ISSUANCE OF A ZONING CLEARANCE, THE FOLLOWING CONDITION
SHALL BE SATISFIED
" No Zoning Clearance or Building Permit may be issued for
construction until all on -site improvements specified in this
permit have been provided a Faithful Performance Bond to
guarantee the construction and maintenance of perimeter tract
walls,including stucco treatment; landscaping; fences; slope
planting or other landscape improvements not related to
grading; private recreational facilities, etc. Said on -site
improvements shall be completed within 120 days of issuance of
the Certificate of Occupancy. In case of failure to comply
with any term or provision of this condition, the City Council
may by resolution declare the surety forfeited. Upon
completion of the required improvements to the satisfaction of
the City, the City Council may reduce the amount of the bond;
however, the bond must be kept in full effect for one year
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after the last occupancy to guarantee that items such as
perimeter walls, landscaping, etc. are maintained"
Recommendation
Approve the placement of the above condition of approval on all
future development projects.
CC. City Engineer
A:perfbnd.ccm
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