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1978-0503_CRAIG DEVELOPMENT CORP_Staff Memonr • . pa,<d, M E M O R A N D U M May 3, 1978 �w 6 -f +wVI e� Ia�,d s z Grs � tf1tS TO: James S. Mocalis, City Manager' yFj%/bl7i� FROM: James S. Okazaki, City Attorney SUBJECT: Meredith Homes (Occupancy Permits) 1 You will recall that after the.Council had received public flak regarding the condition of the Meredith Home slopes, our office was directed to keep tight tabs on -the Developer's progress in their correcting and/or undertaking the slope planting and maintenance in accordance with conditions of approval attached to their tentative Tract. We were directed to file an appro- priate action in court if required, and staff was further told to withhold occupancy permits to induce a more cooperative attitude. On the day following the Council meeting, staff met with Richard Meredith (at Meredith's request) to establish a schedule of per- formance for the developer in the slope problem. The City, how- ever, persisted in denying occupancy permits until the developer had shown substantive proof that progress was actually being made. - Meredith, according, filed an action in the Superior Court for preliminary and permanent injunctions and writ of mandate asking the court to require the release of the building permits. During the hearing for temporary injunction, Judge Scoville stated that Meredith's petition, in his opinion, had merit but was procedurally lacking for a temporary order; he, thereupon invited Meredith to return the next day with substantiating affidivits and promised to sign a temporary order based thereon. A hearing for the pre- liminary injunction was then set for April 17, 1978, Because of the Court's unmistaken inclination, we asked that Meredith meet with the City Manager and S the..next day. You, I and Richard and Eddie Meredith, therefore, met to see whether the matter of the.occupancy permits could be resolved short of a mandate by the Superior Court. Meredith's arguments to the Judge were that the matter of entitlement of occupancy permits should be considered apart from the slope problem, and that the City was quite adequately protected not only by a cash bond of $10,000.00 but all of the performance and labor and material bonds required and held in connection with the City's final approval of the Map. Those assertions were made by both Meredith brothers at our meeting. The City intends to hold all of the aforesaid bonds until the tract conditions, including the slope landscaping are fully met. Respectfully submitted, mes S. Okazaki O JSO:tlb 6 Xc s1�.�'f s�l 61 Use`Y' d •t- �'� We"L� DeV TI