01-21-2003 - Delegation of Authority to the City Engineer to Accept Public & Private Improvements & Release Securities•
0 City of West Covina
Memorandum
TO: Andrew G. Pasmant, City Manager
and City Council
FROM: Shannon A. Yauchzee, Director/City Engineer
Public Works Department
AGENDA
ITEM NO. B-6d
DATE_ January 21, 2003
SUBJECT: DELEGATION OF AUTHORITY TO THE CITY ENGINEER TO ACCEPT
PUBLIC AND PRIVATE IMPROVEMENTS AND RELEASE SECURITIES
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA
AUTHORIZING THE CITY ENGINEER TO ACCEPT PUBLIC
WORKS OF IMPROVEMENT AS COMPLETE AND TO RELEASE
PERFORMANCE BONDS, PAYMENT BONDS AND WARRANTY
BONDS
DISCUSSION:
Under the provision of the Map Acts and the West Covina Municipal Code — Chapter 20 —
Subdivision Regulations and Chapter 19 — Street, Sidewalks, and Public Places, the subdividers
(developers/contractors) require certain on -site and off -site improvements constructed to the
satisfaction of the City Engineer. Further, the subdividers provide the City with the Agreement,
Performance and, Labor and Material Bonds (called improvement securities) in lieu of
constructing required improvements prior to the approval of the final tract maps, parcel maps,
and Capital Improvement Projects.
Upon satisfactory completion of these on -site and off -site improvements, the City Engineer
presents them to the City Council for acceptance and releasing of securities. As per the West
Covina Municipal Code Section 20-44 and Section 20-45, the City Council is authorized to
accept improvements and release securities. Several times a year, the City Council considers
these requests from the City Engineer. This procedure is time consuming and costs
developers/contractors an additional premium for the posted securities. The City receives
several complaints every year requesting a prompt release of securities upon satisfactory
completion of work.
In order for the City to comply with this request, and to expedite acceptance of improvements
and releasing of securities, staff recommends that the City of West Covina, through its
governing body (City Council), adopt a resolution delegating the authority to the City Engineer
to accept all on -site and off -site improvements and release posted, securities. This action will
eliminate the staff time needed to prepare, print, and process reports thus freeing staff time for
other important duties. This will also avoid obtaining the governing body's action on this
matter. The attached resolution has been formatted and reviewed by the City Attorney.
ALTERNATIVES:
The City of West Covina can continue to follow the West Covina Municipal Code provisions.
This will continue to cause some delays in the process, and cost developers/contractors
additional premium fees.
FISCAL IMPACT:
There is no fiscal impact to the City.
i
Prepay b Nare-sh J. Palkhiwala
Principal Engineer
Attachment: Resolution
Reviewed/Approved by: Shannon A. Yauchzee
Director/City Engineer
z:AAGf NDA - 2003\Delegation of Authority to City I:ngineer.doc
RESOLUTION NO. — q
A RESOLUTION OF THE CITY OF WEST COVINA,
CALIFORNIA AUTHORIZING THE CITY ENGINEER TO
ACCEPT PUBLIC WORKS OF IMPROVEMENT AS COMPLETE
AND TO RELEASE PERFORMANCE BONDS, PAYMENT BONDS
AND WARRANTY BONDS
WHEREAS, in accordance with the West Covina Municipal Code, the City
Engineer has the duty and authority to superintend, inspect and review all public works of
construction in the City; and
WHEREAS, acceptance of completed public works of improvement and release
of performance security, payment bonds and warranty bonds is currently performed by
the City Council; and
WHEREAS, the process of completing, accepting and releasing the security and
bonds for public works will be more efficient and expeditious if those functions are
performed by the City Engineer.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
West Covina as follows:
SECTION 1. The City Council designates and authorizes tine City Engineer to
perform the following functions:
a. To authorize formal acceptance of completed works of public
improvement for the City of West Covina, including those works pursuant to West
Covina Municipal Code Sections 19-27, 20-44 and 20-45.
b. To authorize recordation of Notices of Completion in accordance with
California Civil Code Section 3093.
C. To release performance security, performance bonds, payment bonds and
warranty bonds for City of West Covina public works projects as allowed or required by
law, including those works pursuant to West Covina Municipal Code Sections 19-27, 20-
44 and 20-45.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
resolution by the City Council, and it shall thereupon be in frill force and effect upon its
execution.
APPROVED AND PASSED THIS day of 12003.
Mayor Michael Tot►hey
ATTEST:
City Clerk Janet Berry
I JANET BERRY, CITY CLERK of the City of West Covina, do hereby certify that the
foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at their regular meeting thereof held on the 21" day of January 2003, by the
following vote of the City Council:
AYES:
NOES:
ABSENT:
City Clerk Janet Berry
APPROVED AS TO FORM:
City Attorney Arnold M. Alvarez-Glasnnan
7ARESOLUTIONS - 2003\De1egation of Authority to City Enginccr.doc