HomeMy WebLinkAbout1990-09-18; City Council; 10828; ORDINANCE AMENDING TITLE 20 REGARDING MONUMENTATION AND IMPROVEMENT SECURITIESI
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DEP ORDINANCE AMENDING TITLE 20 REGARDING AB# /$ f2B TITLE:
MTG, 9-/00-90 MONUMENTATION AND IMPROVEMENT SECURITIES CITY
DEPT. ENG CITY
RECOMMENDED ACTION:
A&-/-?/ Introduce Ordinance No. amending Title 20 of the Carlsbad Municipa
provide for monumentation securities and retention of a portion of faithful pel
securities for warranty purposes.
ITEM EXPLANATION:
Title 20 of the Carlsbad Municipal Code requires that improvement agree
secured by various types of securities in a form specified in Government Cod
66499. A faithful performance security amounting to one-hundred perce
estimated amount of improvements is required to ensure that the work is I
according to the agreement. Another security amounting to fifty percent of the
value of the improvements is required to ensure that payments are made to cc
subcontractors and those furnishing labor, materials or equipment necessary to
the improvements. A third security amounting to twenty-five percent of the
value of improvements is required to guarantee the work in case defects are fc
the improvements have been accepted.
The proposed ordinance revises Section 20.1 6.050 to include a requirc
monumentation securities amounting to one-hundred percent of the estimatr
install subdivision monuments. This security will ensure that subdivision monu
set according to improvement agreements. Monumentation securities shall b(
only after a written notification is received by the City Engineer from a Californi<
Land Surveyor or a California registered Civil Engineer licensed to practice land
stating that all subdivision monuments have been set for a project accordi
improvement agreement and the total payment for setting the monuments
received.
The proposed ordinance also revises Sections 20.1 6.080 and 20.1 6.090 to all(
retention of twenty-five percent of faithful performance securities to serve as i
security. Warranty securities are not released until one year after a project is
None of the proposed ordinance revisions will alter current improvemen
procedures. The proposed changes will only serve to codify existing practic
authorized pursuant to California Government Code Section 66496.
FISCAL IMPACT:
NONE
EXHIBITS:
1. Ordinance No. /Js-/3/ +
2. Exhibit detailing revisions to Municipal Code Sections 20.1 6.050, 20.1
Section 20.1 6.090
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ORDINANCE NO. NS-131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER
20.16, OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 20.1 6.050, 20.1 6.080 AND
20.1 6.090 TO PROVIDE FOR MONUMENTATION SECURITIES
AND THE RETENTION OF A PORTION OF FAITHFUL
PERFORMANCE SECURITIES TO SERVE AS WARRANTY
SECURITIES.
The City Council of the City of Carlsbad, California does ordain as follow:
SECTION I: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code
by the amendment of Section 20.16.050 by the addition of Section 20.16.050, su
to read as follows:
"(9 Prior to approval of final map, subdivider shall provide the City with sc
amount equal to one hundred percent of the estimated cost of setting subdivision r
The security shall be in a form as provided in Section 20.16.070. The secur
released upon presentation by subdivider to the City of evidence that the monum
and the engineer or surveyor has received full payment for setting of the monum
SECTION II: That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code
by the amendment of Section 20.1 6.080, subsection (3), to read as follows:
(3) Twenty-five percent of the total estimated cost of the improvement
performed to guarantee or warranty the work for a period of one year following c(
acceptance thereof against any defective work or labor done or defective materia
The security shall be obtained by retaining twenty-five percent of the securiq
performance of the act or agreement."
SECTION 111: That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code
by the amendment to Section 20.1 6.090, subsection (l), to read as follows:
"(1) Seventy-five percent of security given for faithful performance of
agreement shall be released upon the final completion and acceptance of the
subject to the provisions of subsection (2) hereof. Twenty-five percent of the st
for faithful performance of any act or agreement shall be retained for a period of o acceptance to guarantee or warranty the work or act as required in Section 20.
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subsection (3). No security given for the guarantee or warranty of work shall be rc
the expiration of the period thereof."
That Title 20, Chapter 20.1 6 of the Carlsbad Municipal Code is amended by
of subsection (4) of Section 20.16.090.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its ac
the City Clerk shall certify to the adoption of this ordinance and cause it to be I
least once in the Carlsbad Journal within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad CiQ
18th day of September 1990, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad
held on the 25thday of Sept. , 1990 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson and Ma
NOES: None
ABSENT: Council Member
ATTEST:
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REVISIONS TO TITLE 20
20.1 6.050 Monuments
(a) Every final map shall show the following monuments:
(1) Boundary monuments: The exterior boundary of the subdivisior
monumented with permanent monuments not smaller than two inch iron pipes at lei
four inches long set at each corner and at intermediate points along the boundan
than one thousand feet apart and at the beginning and end points of all curves; F
any existing record and identified monument meeting the foregoing requirements
any such corner or point, such monument may be used in lieu of a new monumei
(2) Lot corner monuments: All lot corners, except when coincident wi
boundary corner, shall be monumented with permanent monuments of one of thc
types: (i) Three-quarter-inch diameter iron pipe at least twelve inches long;
(ii) One-half-inch diameter steel rod at least twelve inches long;
(iii) Lead plug and copper identification disks set in concrete sidewalks or
(3) Such additional monuments to mark the limiting lines of streets as the Ci'
(4) All other monuments set or proposed to be set.
may require.
(b) The subdivider shall cause the foregoing monuments to be set by surveyor or engineer.
(c) All monuments and their installation shall conform to City standards.
(d) All of the foregoing monuments shall be set prior to the approval of the
City Council unless the setting thereof is deferred in accordance with Section 6e
Subdivision Map Act; provided, however, the setting of exterior boundary monumer
be deferred unless the City Engineer determines that such monuments might be d
the construction of improvements.
(e) Where the setting of monuments is deferred following filing of a final monuments shall be set within thirty days after the completion of the required imy
and prior to the acceptance thereof by the City. The setting of monuments SI
deferred if a parcel map is filed unless expressly allowed by the City Engineer.
Prior to approval of final map, subdivider shall provide the Cily with se
amount equal to one hundred percent of the estimated cost of setting subdivision n
The securily shall be in a form as provided in Section 20.7 6.070. The security shall 1
upon presentation by subdivider to the City of evidence that the monuments are
engineer or surveyor has received full payment for setting of the monuments.
20.1 6.080 Improvement Security - Amount
(9 i
Improvement security shall be in the following amounts:
(1) One hundred percent of the total estimated cost of the improvement performed conditioned upon the faithful performance of the act or agreement;
(2) Fifty percent of the total estimated costs of the improvement or act to bc
securing payment to the contractor, the subcontractors and to persons furni:
materials or equipment to them for the improvement or the performance of the rc
(3) Twenty-five percent of the total estimated cost of the improvement ( performed to guarantee or warranty the work for a period of one year following cc
acceptance thereof against any defective work or labor done or defective material
The security shall be obtained by retaining twenly-five percent of the securitj
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performance of the act or agreement.
(4) If the improvement security is other than a bond or bonds furnish
authorized corporate surety, an additional amount shall be included, as determined
Council, as necessary to cover the cost and reasonable expenses and fees
reasonable attorney’s fees, which may be incurred by the City in successfully er
obligation secured. The improvement security shall also secure the faithful perform
changes or alternations in the work to the extent that such changes or alteratil
exceed ten percent of the original estimated cost of the improvement;
(5) Whenever an entity required to furnish security is a California nonprofit 1
funded by the United States of America or one of its agencies, or the state of Califc
of its agencies, the entity shall not be required to comply with subsections (1) or (:
that conditions established by subsection (c) of Section 66499.3 of the State (
Code are met.
20.1 6.090 Improvement Security - Release
The improvement security required under this chapter shall be released in tl
manner:
(1) Sevenfy-five percent of the security given for faithful performance of
agreement shall be released upon the final completion and acceptance of the a1
subject to the provisions of subsection (2) hereof. Twenty-five percent of the secu!
faithful performance of any act or agreement shall be retained for a period of on
acceptance to guarantee or warranty the work or act as required in Section
subsection (3). No security given for the guarantee or warranty of work shall be re
the expiration of the period thereof.
(2) The City Engineer may release a portion of the security in conjuncti
acceptance of the performance of the act or work as it progresses upon applicat
by the subdivider; provided, however, that no such release shall be for an amoui
twenty-five percent of the total improvement security given for faithful performanc
or work and that the security shall not be reduced to an amount less than fifty pe
total improvement security given for faithful performance until final completion and
of the act or work. In no event shall the City Engineer authorize a release of the in
security which would reduce such security to an amount below that required to gL
Map act or the improvement agreement.
(3) Security given to secure payment to the contractor, his subcontrac persons furnishing labor, materials or equipment shall, six months after the cor
acceptance of the act or work, be reduced to an amount equal to the amount I
therefor filed and of which notice has been given to the legislative body plus
reasonably determined by the City Engineer to be required to assure the perform
other obligations secured thereby. The balance of the security shall be releasc
settlement of all such claims and obligations for which the security was given.
completion of the act or work and any other obligation imposed by this title, the
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