HomeMy WebLinkAboutAgenda Statement 1984/07/24 Item 6 COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 7/24/84
ITEM TITLE: Resolution /1 7 G 7 Accepting public improvements, Telegraph
Canyon Terrace
SUBMITTED BY: Director of Public Works/ 94,p/
City Engineer (4/5ths Vote: Yes No X )
0(REVIEWED BY: City Manager
The public improvements required for Telegraph Canyon Road by the development
of Telegraph Canyon Terrace subdivision were completed in July 1981 . A final
inspection was made on August 7 , 1981 . A letter of deficiencies was prepared
and mailed on September 10, 1981. The public improvement agreement was
approved by Council Resolution 9424 on December 19, 1978.
RECOMMENDATION:
1 . That City Council accept the public improvements for Telegraph Canyon
Terrace subdivision.
2. That City Council declare that the intent of the one-year bond for
material and workmanship has been fulfilled due to the time lag between
construction and this acceptance, and that posting of the bond is not
required of Canyon Terrace Limited.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The original developer for Telegraph Canyon Terrace subdivision was Joseph
Lathers doing business as J-Len Incorporated. As Council may recall ,
Telegraph Canyon Terrace subdivision was graded not in accordance with the
approved grading plan. As a result, four two-story structures were up to 23'
higher in elevation than was originally approved. Mr. Lathers requested the
City Council to leave the buildings at the elevations as constructed. City
Council denied that request and, subsequently, the four structures were
lowered by J-Len, Inc. to acceptable grades as approved by the City Council
and the City Engineer. During 1980 the public improvements were begun and
completed during the first half of 1981 by J-Len, Inc .
Mr. Lathers abandoned his project and the subdivision was foreclosed on by the
bank. The uncompleted portion of the subdivision was taken over by Jensen
Mortgage Company doing business as Canyon Terrace Limited. Canyon Terrace
Limited completed the construction of the building structures. The units are
Page 2, Item 6
Meeting Date 7/24/84
now being sold and/or rented. Canyon Terrace Limited bonded to complete the
grading work, construct retaining walls and do the required landscaping. They
did not bond for the public improvements through a Subdivision Agreement
suppl ement.
Except for completing the landscaping requirements, all work required by the
subdivision development has been completed. A reinspection of the public
improvements was made in November 1983 and, except for two small areas of
sidewalk that were cracked, the improvements were found to be in satisfactory
condition. Canyon Terrace Limited removed and replaced the two cracked areas
of sidewalk, and a reinspection was again made in March 1984. The whole work
was found to be completed to the satisfaction of the City Engineer.
The subdivision ordinance requires that upon acceptance of the public
improvements, the developer will post a 15% surety bond to guarantee the
public improvements against defects of material and workmanship for a period
of one year after the date of acceptance of the public improvements. Due to
the fact that these improvements were completed in July 1981 and no
deficiencies have appeared and that we do not have a valid improvement
agreement, it is recommended that the City Council declare that the intent of
the 15% surety bond has been satisfied and accept such public improvements
without the bond being posted. Should the Council decide that the 15% surety
bond must be posted, it will be necessary for Canyon Terrace Limited to post a
bond in the amount of $7,470.00 as well as obligate themselves to guarantee
the public improvements as to material and workmanship for a one-year period
following acceptance of the improvements. .
FISCAL IMPACT: City will assume maintenance responsibility for the public
improvements.
DMH:nr/EY-084
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