HomeMy WebLinkAboutAGENDA REPORT 2022 0921 CCSA REG ITEM 10JCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 21, 2022
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2022-
4134. (ROLL CALL VOTE: UNANIMOUS)
BY A. Hurtado.
J. Consider Resolution Exonerating Surety Bond No. 08974693 for Improvements
(Street and Storm Drain) and Surety Bond No. 09000859 for Monuments for Toll
Land XIX, Limited Partnership - Tract No. 5045-8 (Pinnacle). Staff
Recommendation: 1) Adopt Resolution No. 2022-4134, exonerating surety bonds
08974693 and 09000859; and 2) 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) (ROLL CALL VOTE REQUIRED)
Item: 10.J.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 09/21/2022 Regular Meeting
SUBJECT: Consider Resolution Exonerating Surety Bond No. 08974693 for
Improvements (Street and Storm Drain) and Surety Bond No.
09000859 for Monuments for Toll Land XIX, Limited Partnership –
Tract No. 5045-8 (Pinnacle)
BACKGROUND
Tract 5045 is a 445-acre residential development project 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 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)
respectively, of the Moorpark Highlands Specific Plan. On August 11, 2006, KB Homes
purchased the development from Pardee Homes. On November 30, 2009, Toll Bros,
Inc. 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 Bros. Inc. 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 Bros, Inc. is now requesting exoneration of the surety bonds
for the constructed improvements.
Item: 10.J.
488
Honorable City Council
09/21/2022 Regular Meeting
Page 2
DISCUSSION
Surety bonds are required by the City’s Municipal Code to guarantee the construction of
the required public and private improvements. On June 7, 2021, the City Council
accepted the public and private improvements for Tract No. 5045-8 and reduced Surety
Bond No. 08974693 to $197,356.49 (10%). With the one-year warranty period now
complete, Toll Bros, Inc. is requesting Bond No. 08974693 be exonerated.
On September 9, 2021, the City’s Consultant Surveyor completed the inspection of
survey monuments set for Tract 5045-8 and verified and determined the monumentation
work to be complete. The center line well monuments were placed properly and the
property line markers on the tops of curbs are in place. All Corner Records and
Centerline Ties have been received by the City and County Surveyor’s Office. Staff has
determined that there are sufficient monuments in place to enable the survey to be
retraced and establish the boundary shown on the recorded Tract map. Based on this
determination, staff has accepted the survey improvements.
Staff recommends the following bonds to be exonerated:
Surety Type Bond No. Original Bond
Amount
Prior
Authorized
Action
Authorized
Action,
09/21/2022
Surety Bond –
Erosion Control
08974692 $594,410.32 Exonerate Not Applicable
Surety Bond –
Improvements
Performance and
Payment
08974693 $1,973,564.96 Reduced to
$197,356.49
Exonerate
Surety Bond –
Monument
09000859 $178,147.20 None Exonerate
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
489
Honorable City Council
09/21/2022 Regular Meeting
Page 3
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2022-____, exonerating surety bonds 08974693 and
09000859; and
2. Authorize the City Clerk to exonerate the Bond as shown in the agenda report
and draft resolution.
Attachment: Draft Resolution No. 2022-____
490
ATTACHMENT
RESOLUTION NO. 2022-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXONERATING THE
SURETY BOND – IMPROVEMENTS (BOND NO.
08974693) AND SURETY BOND – MONUMENT (BOND
NO. 09000859) 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 on August 2,
2006; and
WHEREAS, the Tract 5405-8 approved entitlements, including but not limited to
Conditions of Approval for the Tentative Tract Map, required construction of certain private
and public street and drainage improvements within the tract; 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, the City Engineer/Public Works Director completed the inspection of
survey monuments set for Tract 5405-8 on September 9, 2021, and deemed those
monuments and related documentation to be complete; and
WHEREAS, City staff now recommends that the City Council fully exonerate the
Surety Bond – Improvements and Surety Bond – Monumentation 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 08974693.
SECTION 2. The City Council of the City of Moorpark hereby exonerates
Surety Bond Number 09000859.
SECTION 3. 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 21st day of September 2022.
Janice S. Parvin, Mayor
ATTEST:
Ky Spangler, City Clerk 491