Chapter 22.60 — IMPROVEMENT SECURITY

Any act or obligation (improvement) required as a condition of approval of a final or parcel map, reversion to acreage map, a parcel map waiver, parcel merger, lot line adjustment or a conditional certificate of compliance, which has not been completed prior to final approval, shall be guaranteed by an undertaking agreement, between the subdivider and the city, which satisfies the requirements of Cal. Gov't Code § 66462. The form of the undertaking agreement shall be approved by the City Attorney prior to consideration by the City Council, Planning Commission or City Engineer.

('86 Code, § 22.60.010) (Ord. 4120, passed - - )

Where the subdivider is required to install supplemental improvements pursuant to § 22.52.030.21 of this title, the city shall enter into an agreement to reimburse the subdivider pursuant to Cal. Gov't Code § 66486. ('86 Code, § 22.60.020) (Ord. 4120, passed - - )

(A) Any liability upon the security given for the faithful performance of any act or agreement shall be limited, as specified in Cal. Gov't Code § 66499.9.

(B) Pursuant to Cal. Gov't Code §§ 66499, 66499.1 and 66499.2, improvement securities shall be required to be posted by the subdivider as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final or parcel map, parcel map waiver, lot line adjustment, conditional certificate of compliance, or parcel merger. All such improvement securities shall be provided in a form subject to the approval of the City Engineer and/or City Attorney.

('86 Code, § 22.60.030) (Ord. 4120, passed - - )

Security to guarantee the performance of any act or agreement shall be in the following amounts, pursuant to Cal. Gov't Code § 66499.3:

(A) An amount determined by the City Engineer equal to 100% of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement. The total estimated cost of the improvement shall provide for increase of projected inflation computed to the estimated midpoint of construction; (B) An additional amount determined by the City Engineer equal to 50% of the total estimated cost of the

improvement, or the performance of the required act, securing payment to the contractor, his subcontractors, and to persons furnishing labor, materials, or equipment to them for the improvement of the performance of the required act; (C) An additional amount equal to 10% of the estimated cost of the improvements for the guarantee and warranty of the work for a period of one year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished.

(D) Required security for subdividers who are California nonprofit corporations, funded by the United States of America or one of its agencies, or funded by this state or one of its agencies, shall be established in accordance with

Cal. Gov't Code § 66499.3. ('86 Code, § 22.60.040) (Ord. 4120, passed - - )

The City Engineer may authorize, in writing, the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses, upon application by the subdivider; but in no case shall the security be reduced to less than 50% of the total improvement security given for faithful performance. The amount of reduction of the security shall be as determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by this Title, the Map Act or the improvement agreement.

('86 Code, § 22.60.050) (Ord. 4120, passed - - )

(A) Performance security. The performance security shall be released only following acceptance of the improvement by the city and when an approved warranty security has been filed with the city.

(B) Material, labor and equipment security. Any security securing the payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, after passage of the time within which claims of lien are required to be recorded pursuant Cal. Civ. Code § 3114 (Article 3 of Chapter 2 of Title 15 of Part 4 of Division 3) and after acceptance of the work, by the City Council, be reduced to an amount equal to the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the legislative body, and if no such claims have been recorded, the security, shall be released in full.

(C) The release shall not apply to any required guarantee and warranty period required by Cal. Gov't Code § 66499.9. For the guarantee or warranty nor to the amount of the security deemed necessary by the local agency for such guarantee and warranty period nor to costs and reasonable expenses and fees, including reasonable attorney's fees.

('86 Code, § 22.60.060) (Ord. 4120, passed - - )

In addition to any other remedy provided by law, upon the failure of the subdivider to complete any improvement, acts, or obligations within the time specified in the improvement agreement, or upon failure of the subdivider to faithfully comply with terms and provisions of this chapter or any improve-ment security given thereby, the City Council may, upon notice in writing of not less than ten days served upon the person responsible for the performance thereof or upon notice in writing of not less than 20 days, served by registered mail addressed to the last known address of such person, determine that the foregoing have not been complied with or the work has not been completed, and may cause to be for-feited to the city such portion of the improvement security given for the performance of the foregoing.

('86 Code, § 22.60.070) (Ord. 4120, passed - - )

(A) If the City Council finds, based upon sub-stantial evidence in the record, that any project for which a tentative map or a vesting tentative map has been approved will be affected by a previously enacted initiative measure to the extent that there is likely to be a default on land-secured bonds issued to finance infrastructure on the project, the City Council shall allow that portion of the project served by the infrastructure to proceed in a manner consistent with the approved tentative map or vesting tentative map.

(B) For purposes of this section land-secured bond means any bond issued pursuant to the Improve-ment Act of 1911, Cal. Sts. & High. Code §§ 5000 et seq. (Division 7), the Municipal Improvement Act of 1913, Cal. Sts. & High. Code §§ 10000 et seq. (Division 12), the Improvement Bond Act of 1915, Cal. Sts. & High Code §§ 85001 etseq. (Division 10), or the Mello-Roos Community Facilities Act of 1982, Cal Gov't Code §§ 53311 et seq. (Chapter 2.5 of Part 1 of Division 2 of Title 5), so long as the bond was issued and sold at least 90 days before the proposed initiative was adopted by either popular vote at an election or by ordinance adopted by the legislative body.

(C) Notwithstanding subdivision (A), the City Council may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:

(1) A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both;

(2) The condition or denial is required, in order to, comply with state or federal law.

(D) An approved or conditionally approved tentative or vesting tentative map shall be subject to the periods of time set forth in Cal. Gov't Code § 66452.6.

(E) The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the tentative map or of the vesting tentative map.

(F) An approved or conditionally approved tentative map or vesting tentative map shall not limit the City Council from imposing reasonable conditions nonsubsequent required approvals or permits necessary for the development and authorized by the ordinances, policies and standards described in Cal. Gov't Code §§ 66474.2 or 66498.1 or other applicable provisions of the Map Act.

('86 Code, § 22.60.080) (Ord. 4120, passed - - )

Construction of required improvements shall not commence until required improvement plans have been approved by the City Engineer.

('86 Code, § 22.60.090)

(A) General. All improvements are subject to inspection and testing by the City Engineer or authorized personnel in accordance with the standards and specifications specified and required by this title.

(B) Pre-construction conference. Prior to commencing any construction, the developer shall arrange for a preconstruction conference with the City Engineer or his authorized personnel.

(C) The City Engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with city standards, specifications or city-approved construction plans.

(D) All work and improvements must be found to conform to the specified standards and specifica-tions as a condition of the city's acceptance of them and the release of any improvement securities therefore. ('86 Code, § 22.60.090.1) (Ord. 4120, passed - - )

(A) When all improvement deficiencies have been corrected and as built improvement plans filed, the subdivision improvements shall be considered for acceptance by the city. The City Engineer shall be responsible for the acceptance of improvements for all divisions of land by tract map, divisions of land by parcel map, lot line adjustments, reversions to acreage or conditional certificates of compliance, upon such acceptance, the City Engineer shall recommend that the City Council take final action to accept the improvements. The Council shall take action on such matters within ten days following recommendation by the City Engineer, or at the next available Council meeting, whichever occurs later.

(B) Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

(C) When requested by the subdivider in writing, the city may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the city only if it finds that it is in the public interest and such improvements are for the use of the general public.

(D) Acceptance of a portion of the improve-ments shall not relieve the developer from any other requirements imposed by this title.

('86 Code, § 22.60.090.2) (Ord. 4120, passed - - )