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HomeMy WebLinkAboutCC ORD 1990-1988 Adds §§ 17.08.040 and 17.09.020(D); amends §§ 17.09.030, 17.11.020 and 17.11.030, subdivisions (17.08, 17.09, 17.11)ORDINANCE NO. j988 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA AMENDING TITLE 17 (SUBDIVISIONS) OF THE NATIONAL CITY MUNICIPAL CODE BE IT ORDAINED by the City Council of the City of National City, California, as follows: Section 1. Section 17.08.040 is added to the National City Municipal Code to read as follows: 17.08.040 Basis of Bearin s Every subdivision or parcel map shall: A. Use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearing values in terms of the system. The angle of grid divergence from a true meridian (theta or mapping angle), and the north point of said map shall appear on each sheet thereof. Establishment of said basis of bearings may be by use of existing horizontal control stations or astronomic observations. B. Show two measured ties from the boundary of the subject property to existing horizontal control station(s) having California coordinate values of third order accuracy or better, as published in the County of San Diego's horizontal control book. These tie lines to the existing control shall be shown in relation to the California Coordinate System (i.e., grid bearings and grid distances). All other distances shown on the map are to be shown as ground distances. A combined factor for conversion of grid-Lo-grcund distances shall be shown on the map. If there are no acceptable horizontal control stations within 1/2 mile of the subject property, then the engineer or land surveyor may make a written request to the Engineering Department for additional control stations within the subject area. The City may provide a coordinated monument (using the North American datum of 1983) by tying either a section, quarter -section, or rancho or other appropriate land net corner or road centerline which is intervisable with an existing monument in the local control network. In the event the City is unable to provide an acceptable horizontal control station within 1/2 mile of the subject property within 30 days of written request, this requirement may be waived. None of the above will preclude a person, authorized to practice land surveying, from performing the necessary work to meet the requirements of this section. Section 2. Subsection D of Section 17.09.020 of the Municipal Code is added to read as follows: D. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the improvement, which are mutually agreed upon by the City and the subdivider, shall not require an increase in the amount of the improvement security given for faithful performance of the improvement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, the subdivider shall provide improvement security for faithful performance as required by Subsection A of this section above for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial release thereof as allowed by Section 17.09.030 of the Code. Section 3. Section 17.09.030 of the Municipal Code is amended to read as follows: 17.09.030 Improvement Security Release Ninety percent (90%) of the faithful performance subdivision improvement security shall be released upon completion and acceptance of the work required under the agreement for the guarantee and warranty of said work. The remaining ten percent (10%) of the faithful performance subdivision inprovement security shall continue in effect for a period of one year following the completion and acceptance of said work. The procedure for release shall be a written communication from the City Clerk to the subdivider and the maker of the bond or holder of the surety. The City Clerk shall make such a release letter only upon the recommendation of the City Engineer. Prior to making such a recommendation, the City Engineer shall ensure that all actions or improvements affecting other departments or agencies have been properly completed to the satisfaction of such departments or agencies including, but not limited to, the Director of Planning and agencies handling water, sewer, electricity, gas and street lighting. The City Engineer may release a portion of the security in conjunction with acceptance of the performance of this act or work as it progresses upon a written communication by the subdivider; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work, and that the security shall not be reduced to an amount less than 50% of the total improvement security given for faithful performance until final completion and acceptance of the act or work. 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 act or work and any other obligation imposed by the National City Municipal Code, or the Subdivision Map Act. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the City Council plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligation secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claim filed during said period has been settled. In the event that the subdivider fails to perform any obligation hereunder, the subdivider authorizes the City to perform such obligations twenty days after mailing written notice of default to the subdivider and to the subdivider's surety, and agrees to pay the entire cost of such performance by the City. The sums provided by the improvement security may be used by the City for the completion of the public improvements within the subdivision. The City may take over the work and prosecute the same to completion, by contract or by any other method the City may deem advisable, at the expense of the subdivider, and the subdivider's surety shall be liable to the City for any excess cost or damages occasioned the City thereby; and, in such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to the subdivider as may be on the site of the work and necessary therefor. In the event that the subdivider fails to perform any obligation hereunder, the subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of the suit and reasonable attorney's fees. The subdivider shall guarantee or warranty the work done for a period of one year after final acceptance of said work against any defective work or labor done or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by the subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the plans and specifications referred to herein, the subdivider shall without delay and without any cost to the City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should the subdivider fail to act promptly or in accordance with this requirement, the subdivider hereby authorizes City, at the City's option, to perform the work twenty days after mailing written notice of default to the subdivider and agrees to pay the cost of such work by the City. Should the urgent need of the case require repairs or replacements to be made before the subdivider can be notified, the City may, at its option, make the necessary work and the subdivider shall pay to the City the cost of such repairs. Section 4. Subsection 3 of Subsection C of Section 17.11.020 is amended to read as follows: 3. A record of survey is required in order to assure proper recording of new boundary monuments resulting from the adjustment plat. The requirement for record of survey may be waived by the City Engineer. Section 5. Subsection C of Section 17.11.030 is amended to read as follows: C. In any case, where an adjustment plat is approved, it shall be reflected in a deed, record of survey, or certificate of compliance, which shall be recorded. PASSED and ADOPTED this 13th day of FEBRUARY , 1990. ATTEST: (-) \\ L LORI ANNE PEOPLES, CITY GECIe4 GE H. EISER, III CITY ATTORNEY APPROVED AS TO • C 111 21* (L)47.743 GECRGE H. TMS, MAYOR Passed and adopted by the Council of the City of National City, California, on 2/13/90 by the following vote, to -wit: Ayes: Councilmen Dal la, Inzunza, Pruitt, Van Deventer, Waters Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen None AUTHENTICATED BY: GEORGE H. WATERS By: Mayor of the City of National City, California 4 �N • V i of National City, Clerk of the City lifornia Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 2 / 6 / 90 and on 2/13/90 I FURTHER CERTIFY THAT said ordinance was read in full' prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1988 of the City of National City, passed and adopted by the Council of said City on 2/13/90 (Seal) By: City Clerk of the City of National City, California Deputy