1978-0503_CRAIG DEVELOPMENT CORP_Staff Memonr
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M E M O R A N D U M May 3, 1978
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TO: James S. Mocalis, City Manager'
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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
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