HomeMy WebLinkAboutAGENDA REPORT 2021 0707 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 7, 2021
ACTION APPROVED STAFF
RECOMMENDATIONS, INCLUDING
ADOPTION OF RESOLUTION NO. 2021-
4029.
BY B. Garza.
J. Consider Acceptance of Street and Storm Drainage Improvements, Consider
Resolution Exonerating Surety Bond No. 08974692 for Erosion Control, and
Reduce Surety Bond No. 08974693 for Improvements for Toll Land XIX, Limited
Partnership – Tract No. 5045-8 (Pinnacle). Staff Recommendation: 1)
Authorize the City Clerk to reduce surety bond 08974693 to $197,356.49;
and 2) Adopt Resolution No. 2021-4029, exonerating surety bond
08974692; and 3) Authorize the City Clerk to exonerate the Bond as
shown in the agenda report and draft resolution. (Staff: Daniel Kim, City
Engineer/Public Works Director)
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 07/07/2021 Regular Meeting
SUBJECT: Consider Acceptance of Street and Storm Drainage Improvements,
Consider Resolution Exonerating Surety Bond No. 08974692 for
Erosion Control, and Reduce Surety Bond No. 08974693 for
Improvements for Toll Land XIX, Limited Partnership – Tract
No. 5045-8 (Pinnacle)
BACKGROUND
Tract 5045 is a 445-acre master planned community located along the northeasterly
side of Spring Road and Walnut Canyon Road. The general area of the Tract 5045
residential development is also known as the Moorpark Highlands. On September 15,
1999, a General Plan Amendment, Specific Plan, Zone Change, and Development
Agreement were approved by the City Council for Specific Plan Area No. 2, Moorpark
Highlands and the Final Environmental Impact Report for the project was certified by the
City Council. Vesting Tentative Tract Map No. 5045, which includes the entire Specific
Plan area, was approved on August 2, 2000. On April 6, 2005, the City Council
approved a request from Pardee Homes for Residential Planned Development (RPD)
Permit Nos. 2004-02 and 2004-03 for Planning Area 8 (37 single-family detached
houses) and Planning Area 9 (95 single-family detached houses). On August 11, 2006,
KB Homes purchased the development from Pardee Homes. On November 30, 2009,
Toll Brothers, Inc. (Toll Brothers) purchased the development from KB Homes.
Planning Areas 8 and 9 also encompasses Tract No. 5045-8 and the Toll Brothers
development within the Moorpark Highlands area is named the Pinnacle.
As part of grading construction and permit issuance, surety bonds were provided to the
City to guarantee the construction and installation of improvements associated with the
development of Tract No. 5045-8. Due to the development being sold and purchased
by several developers, City Council has exonerated past surety bonds from both Pardee
Homes and KB Homes. As part of the previous bond exonerations associated with
Tract No. 5045-8, Toll Brothers was required to provide new, replacement surety bonds.
Construction of the street, storm drainage, and grading improvements related to Tract
5045-8 are complete. Toll Brothers, Inc. is now requesting the exoneration and
Item: 10.J.
364
Honorable City Council
07/07/2021 Regular Meeting
Page 2
reduction of the surety bonds and to enter the warranty period for the constructed
improvements.
DISCUSSION
Toll Brothers, Inc. has requested the exoneration and reduction of surety bonds for
Tract 5045-8. Surety bonds are required by the City’s Municipal Code to guarantee the
construction of the required public and private improvements. The construction of all
public and private improvements is complete. The warranty period for the
improvements will end one year after the date of acceptance. As part of city
acceptance, staff recommends the surety bonds to be exonerated or reduced to ten
percent (10%) during the warranty period. The Monumentation Bond will remain in full
effect until the City Engineer has deemed those survey monuments and related
documentation to be complete.
Surety Type Bond No. Original Bond
Amount
Prior
Authorized
Action
Authorized
Action,
07/07/2021
Surety Bond –
Erosion Control
08974692 $594,410.32 None Exonerate
Surety Bond –
Improvements
Performance and
Payment
08974693 $1,973,564.96 None Reduction to
$197,356.49
Surety Bond –
Monument
09000859 $178,147.20 None None
Consistent with the Municipal Code, the City Engineer is authorized to accept as
complete the private improvements that are owned by the individual property owners or
a private community association and not dedicated or owned by the City or other public
entity. Toll Brothers, Inc. has also filed a Notice of Termination (NOT ID 550822) with
the State Water Resources Control Board for their Construction General Permit (WDID
456C357169) and all temporary construction related erosion control Best Management
Practices (BMPs) are no longer needed and have been removed from the site. The
Parks and Recreation Director has deemed the landscape improvements within the
Landscape Maintenance District for Tract No. 5045-8 to be complete. Consistent with
the Municipal Code, the 10% remaining surety will not be fully exonerated until one year
after City Council acceptance of all improvements. Additionally, the developer is
required to maintain construction insurance policies during the warranty period.
FISCAL IMPACT
None.
365
Honorable City Council
07/07/2021 Regular Meeting
Page 3
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION
1. Authorize the City Clerk to reduce surety bond 08974693 to $197,356.49; and
2. Adopt Resolution No. 2021-____, exonerating surety bond 08974692; and
3. Authorize the City Clerk to exonerate the Bond as shown in the agenda report
and draft resolution.
Attachment: Draft Resolution No. 2021-____
366
ATTACHMENT
RESOLUTION NO. 2021-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXONERATING THE
SURETY BOND – EROSION CONTROL FOR TRACT
NO. 5045-8, TOLL LAND XIX L.P.
WHEREAS, the City Council adopted Resolution No. 2005-2306, approving
Residential Planned Development Permit No. 2004-02 and 2004-03 for Planning Area 8 (37
single-family detached houses) and Planning Area 9 (95 single-family detached houses) of
the Moorpark Highlands Specific Plan; and
WHEREAS, the City Council approved Final Tract Map No. 5045-8; and
WHEREAS, Toll Land XIX L.P. has filed a Notice of Termination (NOT ID 550822)
with the State Water Resources Control Board for their Construction General Permit (WDID
456C357169) and all temporary construction related erosion control Best Management
Practices (BMPs) are no longer needed and have been removed from the site; and
WHEREAS, the City Engineer/Public Works Director accepted the improvements for
Tract No. 5045-8 and deemed those improvements to be complete; and
WHEREAS, City staff now recommends that the City Council fully exonerate the
Surety Bond – Erosion Control for Tract No. 5045-8.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Moorpark hereby exonerates
Surety Bond Number 08974692.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 7th day of July 2021.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk 367