18-0214_SCAROLA, VITO-LEONARDO_Staff Memo to ReleaseMEMORANDUM
TO: Maria Morris, City Clerk
FROM: Steve May, Public Works & Utilities DirectorA
,,,ZW
SUBJECT: Grading Deposit Release, Scarola — 33561 Valle Road
February 14, 2018
This memorandum is to serve as authorization to release Certificate of Deposit with Bank of
America, account #09577-01520 posted as a deposit for the site grading/improvements for
the Scarola residence located at 33561 Valle Road in the amount of $4,816.00
The grading and site improvements for permit # 46999 has been completed, therefore we
are authorizing this release.
Attachments
Copy of agreement and bond
Deena Berens
From: Joel Rojas
Sent: Wednesday, February 14, 2018 4:01 PM
To: Deena Berens; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May, Jim Devore;
Hossein Ajideh; Christy Jakl; Maria Morris; Sergio Klotz; Michelle Bannigan; Steve May
Subject: RE: Release of Surety Bond?
I contacted Mr. Scarola and informed him that we would be releasing the bond. He asked that the letter from the clerk's
office be emailed to him at vscarola@me.com and be mailed to him at his Florida address which is:
Vito Leonard Scarola
12849 Richezza Drive
Venice, FL 34293
From: Deena Berens
Sent: Tuesday, February 13, 2018 5:27 PM
To: Joel Rojas; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May; Jim Devore; Hossein Ajideh; Christy Jakl;
Maria Morris; Sergio Klotz; Michelle Bannigan; Steve May
Subject: RE: Release of Surety Bond?
Will someone be contacting Mr. Scarola or would you like me to inform him?
Deena Berens
Development Services
949-443-6345 work
949-443-6387 fax
dberens@sanivancapistrano.ore
From: Joel Rojas
Sent: Tuesday, February 13, 2018 4:34 PM
To: Deena Berens; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May; Jim Devore; Hossein Ajideh; Christy Jakl;
Maria Morris; Sergio Klotz; Michelle Bannigan; Steve May
Subject: RE: Release of Surety Bond?
Deena
The 2003 bond was probably placed on the original project due to all the unpermitted grading and code enforcement
actions. The grading plan has since been revised and approved by the Planning Commission. Given that all the previous
code enforcement issues have been addressed and the new owner (Sustaita) will have to post his own bond, the 2003
bond is no longer necessary and can be released.
Thank you for stepping up to help Mr. Scarola.
Joel
From: Deena Berens
Sent: Tuesday, February 13, 2018 1:45 PM
To: Joel Rojas; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May; Jim Devore; Hossein Ajideh; Christy Jakl;
Maria Morris; Sergio Klotz; Michelle Bannigan
Subject: RE: Release of Surety Bond?
Joel:
Mr. Scarola came back in requesting his release. I informed him that we would be reviewing his bond project file for
exoneration and that me or someone from the city will be contracting him.
Here is his contact info:
Vito —Leonard Scarola
949-295-9925
vscarola@me.com
Additionally, I thought you should be informed that the current owner (Tony Sustaita) of 33561 Valle Road has a grading
plan in review as of 2/07/18.
The grading and improvements on the plans will be required to place a new bond as security prior to releases the
permit.
Can you please assist in determining if Mr. Scarola's bond is eligible for release and have someone inform him?
If eligible, I can start the approval process for release with Steve May and send to City Clerk's office to draft up the
release letter to his bank.
Thank you,
Deena Berens
Development Services
949-443-6345 work
949-443-6387 fax
dberens@sanivancapistrano.co
From: Joel Rojas
Sent: Tuesday, February 13, 2018 11:56 AM
To: Michelle Bannigan; Carlos Yado; Deena Berens; Sergio Klotz
2
Deena Berens
From: Joel Rojas
Sent: Tuesday, February 13, 2018 4:34 PM
To: Deena Berens; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May; Jim Devore;
Hossein Ajideh; Christy Jald; Maria Morris; Sergio Klotz; Michelle Bannigan; Steve May
Subject: RE: Release of Surety Bond?
Deena
The 2003 bond was probably placed on the original project due to all the unpermitted grading and code enforcement
actions. The grading plan has since been revised and approved by the Planning Commission. Given that all the previous
code enforcement issues have been addressed and the new owner (Sustaita) will have to post his own bond, the 2003
bond is no longer necessary and can be released..,
Thank you for stepping up to help Mr. Scarola.
Joel
From: Deena Berens
Sent: Tuesday, February 13, 2018 1:45 PM
To: Joel Rojas; Carlos Yado
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Paul Garcia; Steve May; Jim Devore; Hossein Ajideh; Christy lakl;
Maria Morris; Sergio Klotz; Michelle Bannigan
Subject: RE: Release of Surety Bond?
Joel:
Mr. Scarola came back in requesting his release. I informed him that we would be reviewing his bond project file for
exoneration and that me or someone from the city will be contracting him.
Here is his contact info:
Vito—Leonard Scarola
949-295-9925
vscarola0me.com
Additionally, I thought you should be informed that the current owner (Tony Sustaita) of 33561 Valle Road has a grading
plan in review as of 2/07/18.
The grading and improvements on the plans will be required to place a new bond as security prior to releases the
permit.
Can. you please assist in determining if Mr. Scarola's bond is eligible for release and have someone inform him?
If eligible, I can start the approval process for release with Steve May and send to City Clerk's office to draft up the
release letter to his bank.
Thank you,
Deena Berens
Development Services
949-443-6345 work
949-443-6387 fax
dberens@sanivancapistrano.ors
From: Joel Rojas
Sent: Tuesday, February 13, 2018 11:56 AM
To: Michelle Bannigan; Carlos Yado; Deena Berens; Sergio Klotz
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras; Laura Stokes; Paul Garcia
Subject: RE: Release of Surety Bond?
This project has not been completed so it's probably premature to issue any bonds. However, the project that was
approved last year by the PC may be substantially different than the project approved back in 2003. Also, the current
project will have its own bond requirements.
David and Carlos are aware of the project on this property. They will need to review this request and determine if the
2003 bond can be released. However, they're not going to be able to make that decision this afternoon.
When the gentleman comes back he should speak to Carlos or David. If neither of them are available, I'll let the counter
planner know to give him their contact information.
From: Michelle Bannigan
Sent: Tuesday, February 13, 2018 11:31 AM
To: Joel Rojas; Carlos Yado; Deena Berens; Sergio Klotz
Cc: Ayako Rauterkus; Ken AI -Imam; David Contreras
Subject: Release of Surety Bond?
Importance: High
A gentleman was at the Receptionist Desk requesting the City provide paperwork so he can close a CD account that was
opened per the requirement of the Development Services Department pursuant to the attached agreement. Jeanien
and Wendy were unsuccessful in reaching Deena so sent the gentleman away, so the gentlemen went to grab a bite to
eat and will be returning at 12:30. He is from Florida and is returning to Florida this afternoon at 3:00 and would like
this matter resolved.
(Apparently he needs a letter on City letterhead signed by ???? that permits the release of these funds to him.)
Michelle Bannigan
From: FD-BW-CanonIR4251(&sanjuancplstrano.org [mailto:FD-BW-CanonIR4251(asanivancpistrano.om]
Sent: Tuesday, February 13, 2018 11:27 AM
To: Michelle Bannigan
Subject: Attached Image
•
SURETY AGREEMENT
THIS AGREEMENT is made by and between the CITY OF SAN JUAN CAPISTRANO, a
municipal corporation, hereinafter referred to as the "City" and Mr. Vito - Leonardo Scarola,
an Owner/Builder referred to as "Developer".
WITNESSETH
WHEREAS, City will issue Grading Permit No. 46999 to Developer to construct
certain designated improvements, more particularly described in Exhibit "A" attached and
incorporated herein by reference, which said improvements constitute a portion of that real
property at the location of Parcel 2 PM 98/29, APN 675-331-04, commonly referred to as
33569 Valle Road.
WHEREAS, San Juan Capistrano Municipal Codes Section 8-2.08 requires the
posting of financial securityto secure the faithful performance and laborand materials forthe
grading and installation of improvements connected with issuance of grading permits
including the construction of drainage and protection devices and any other corrective work
to remove and eliminate engineering and geological hazards.
WHEREAS, San Juan Capistrano Municipal Code Section 8-2.09 authorizes the
Building Official to require additional bonding as security to ensure against adverse aesthetic
Impacts arising from incomplete grading and/or improvements from development projects
which have not been completed.
WHEREAS, the Building Official finds that the proposed project site is highly prominent
and visible to the community, has unique topographic features or involves substantial grading
of slope areas.
NOW, THEREFORE, in consideration of the premises and promises hereinafter
contained, City and Developer agree as follows:
1. Developer's Improvements Obligations. Developer shall, at its sole cost and
expense, provide and furnish all labor, materials and equipment for the installation of
improvements set forth in Exhibit "A". The grading permit and plans, which furtherdef nes the
improvements in Exhibit "A", are on file in the office of the City's Building Official, and all
documents referenced in Exhibit "A" are incorporated herein by reference.
2. Developer's Security. Developer shall provide a Certificate of Deposit drawn
on Bank of America Account # 09577-01520, subject to the approval of the City Attorney, to
secure Developer's improvement obligations required under this agreement.
The amount of the bond shall be $4,816.00 forthat work described in Exhibit "A". This
security of $4,816.00 shall also serve as security for restoration of the site. A copy of the
surety instrument, as approved by the City Attorney, is attached as Exhibit "D".
3. Completion of improvements. To ensure the protection of the public safety,
health and welfare, Developer shall construct the improvements described in Exhibit "A" in
accordance with the schedule as set forth in Exhibit "B", and the conditions as set forth in
Exhibit "C'.
4. Developer Default. In the event Developer does not complete the required
improvements, including erosion and sift control measures within the time required, using Best
Management Practices (BMP) in implementing a Water Quality Management Plan in full
compliance with Orange County National Pollutant Discharge Elimination System (NPDES)
Storm Water Implementation Agreement and San Juan Capistrano Municipal Code Section
8-14, or abandons the project site, or suspends work for more than twentyworking days other
than previously prescribed, City shall have the right to immediately declare a default and to
make demand on the surety for performance.
5. Restoration of Site. San Juan Capistrano Municipal Code Section 8-2.09
allows the City to require bonding as security to ensure against adverse aesthetic impacts
arising from uncompleted grading, drainage and/or improvements which includes illicit non -
storm drain water discharge. The purpose of this bonding shall be to restore the property to
Its original condition if the Developer defaults. This restoration shall include but not be limited
to the following:
A. Dismantle and/or demolish improvements;
B. Grade property to its original contours as shown on the grading pian
referred to in Exhibit "A';
C. Remove all debris and construction materials from the site; and
D. Install erosion and silt control devices, including hydroseeding, to insure
a uniform vegetative cover, or equivalent stabilization measures which
Include the use of such Best Management Practices as blankets, fiber
matrices, catch basin filters, or other erosion resistant soil coverings or
treatments to satisfaction of the Director of Engineering and Building.
6. Attom@Ys Fees. Developer agrees to pay City such sum as the court may judge
as reasonable for the legal services of an attorney representing the City in an action brought
to enforce or interpret the obligations of this agreement, and such sum shall be made apart
of any judgment in such action against Developer if such action is determined in favor of said
City.
T. Developer's Work in Safe Condition. Developer shall perform all work in a safe
workmanlike manner and shall take such precautions as may be necessary to warn and
protect the public from any dangerous condition caused by the construction of said
improvements.
8. Uabil. Developershall hold City, its officers, and employees harmless from
any and all claims, demands, causes of action, liability or loss of any sort because of, or
arising out of, the acts or omissions of Developer, his contractor, subcontractors, agents or
employees in the performance of this agreement.
In witness whereof, the parties have executed this agreement as of
206Sat San Juan Capistrano, California.
Developer
By: Vito - eonardo Sc ola
Owner/Builder
Approved as to Form:
47 .4 /1 A 4, 1 LA r�-. In, . -ti-
By: John Shaw
City Attomey
City of San Juan C pistrano
By: Daniel W. M arland
Building Official
EXHIBIT
33561 Valle Road
Parcel 2 PM 98129
Item 1: Construction of all on-site grading (cut, fill and slope stabilization) operations in
accordance with Grading Permit No. 46999 and the Developer's plans and
supporting documents as listed below:
(A) Grading Plan for 33561 Valle Road, dated June 20, 2003, prepared by
Saxon Engineering Services, Kurt M. Saxon, RCE No. 44180.
(B) Geotechnical Report for 33561 Valle Road, dated February 24, 2003,
prepared by Peter and Associates, Lan N. Pham, RGE No. 686.
Item 2: Construction of all on-site improvements in accordance with Grading Permit
No. 46999 and Developer's grading plans referenced in Item 1 above, Including, but
not limited to: driveways, parking areas, retaining walls, erosion and silt control,
terrace drains, down drains, sub -drains, area drainage systems, and private storm
drain systems not a part of Developer's Improvement Plans filed with the City
Engineer.
Item 3: Construction and placement of landscaping and irrigation in accordance with
approved plans for 33561 Valle Road as included in the above plans.
•
EXHIBIT "B"
•
SCHEDULE FOR COMPLETION OF IMPROVEMENTS
Completlos Date
November 2003
February 2005
Task
Rough Grade Certification
Landscape Irrigation
February 2005 Landscape Planting
EXHIBIT "C'
CONDITIONS FOR COMPLETION OF IMPROVEMENTS
A. The grading for this project shall be in strict conformance with the grading plans and
related documents as described in Exhibit "A" and Grading Permit No. 46999.
B. Grading operations shall commencewithin fourteen (14) calendar days after issuance
of Grading Permit No. 46999.
Winter grading will be conducted in strict accordance with the dynamic erosion and slit
control plan submitted by the Developer, and approved by the City. This erosion and
silt control plan reflects erosion and silt mitigation measures for expected grading
conditions as the work progresses through the winter season and shall not be
amended except with the permission of the City.
I n the event Developer does not wish to implement winter grading, or permission for
winter grading is rescinded, static erosion and silt control plans reflecting current
conditions of grading shall be submitted within ten (10) days of cessation of work.
These plans shall:
1. Identifyall pollutant sources including sources of sediment that may affect the
quality of storm water discharges associated with the construction activity.
2. Include the erosion and sediment control planting and hydroseeding to insure
a uniform vegetative cover or equivalent stabilization measureswhich include
the use of such Best Management Practices as blankets, fibermatrices, catch
basin filters or other erosion resistant soil covering or treatments to the
satisfaction of the City Engineer.
C. The supervising civil engineer and soils engineer shall file biweekly progress reports
of all grading operations with the Building Official. An interim compaction report, for
that work completed at the time work is suspended forthe rainy season, shall be filed
with the Building Official. This interim report shall conform to the grading code
requirements for final compaction reports.
D. Contractor shall control dust to the satisfaction of the Building Official or his deputy.
During grading, Contractor shall keep water truck on site and dampen work area,
grounds, and loaded trucks.
E. Grading operations suspended during the rainy season shall be resumed no laterthan
15 days from date of suspension termination.
F. Installation of interim erosion and sediment control devices and systems shall
commencewithin seven (7) days after rough grade certification has been approved by
the Building Official and must be completed within fifteen (15) days of rough grade
certification. Final erosion and sediment control devices, planting, landscaping and
irrigation systems shall be installed prior to final inspection of the grading permit.
G. All work shall be performed in strict observation of the Hours of Operation in
accordance with San Juan Capistrano Municipal Code Section 8-1.03.
H. Contractor shall adhere to conditions of haul route permit and encroachment permit
issued by the City Engineer.
1. Parking for construction crew is to be on-site.
Bank of America.
BANKING CENTER
CUSTOMER NAME
M
FOR BONDING PURPOSES ONLY n /�
PLEDGED TO l � <,&,
�,&,' J-1,{t�l/1 0 PI
•
Investment CD Receipt
DATE
INTEREST RATE
ANNUAL PERCENTAGE YIELD
E AMOUNT
ACCOUNT TERM
A4 MATURITY DATE
ACCOUNT #
AUTHORIZED SIGNATURE
The written infom►ation we give you is past of your agreement with us and tells you the current terms of this account. This time deposit
reinvests automatically for the same account term upon mawrity or on the effective date of a deposit or withdrawal made during the grace
period. (The grace period begins on the maturity date and is two business days for terns of 29 days or less; five calendar days for terms of
30 days through 89 days; seven calendar days for terms of 90 days or more.) We determine the interest rate for the reinvested deposit on
the date your funds are reinvested.
For information about early withdrawal penalties, please see the deposit agreement. A personal time deposit is not transferable.
05-16.25769 05.2002 NOT NEGOTIABLE s as Paw Bw&ofAmcTiu N,A, • M=berr-DIC