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Home My WebLink AboutAGENDA REPORT 2023 0215 CCSA REG ITEM 10ECITY OF MOORPARK, CALIFORNIA City Council Meeting of February 15, 2023 ACTION APPROVED STAFF RECOMMENDATION, INCLUDING ADOPTION OF RESOLUTION NO. 2023- 4161. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. E. Consider Resolution Exonerating Surety Bonds for Tract No. 5147, Burns Pacific Construction, Inc. Staff Recommendation: 1) Adopt Resolution No. 2023-4161, exonerating surety bond numbers 4418696 and 4418699; and 2) Direct the City Clerk to exonerate surety bond numbers as shown in the agenda report and draft resolution. (Staff: Daniel Kim, City Engineer/Public Works Director) (ROLL CALL VOTE REQUIRED) Item: 10.E. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Daniel Kim, City Engineer/Public Works Director DATE: 02/15/2023 Regular Meeting SUBJECT: Consider Resolution Exonerating Surety Bonds for Tract No. 5147, Burns Pacific Construction, Inc. BACKGROUND On December 16, 1998, the City Council approved Tentative Tract No. 5147 and the Development Agreement (Ordinance No. 250) for the subdivision and development of 17 industrial lots on 34.7 acres. The City Council approved the Final Map for Tract No. 5147 on March 21, 2007, and was subsequently recorded in the Ventura County Clerk and Recorder’s Office (20070820-00162805-0) on August 20, 2007. On May 15, 2013, the City Council adopted Resolution No. 2013-3182, approving Tentative Tract Map No. 5906, a resubdivision of Tract No. 5147 for 17 industrial lots on 34.70 acres with certain Conditions of Approval. On May 5, 2021, the City Council adopted Resolution No. 2021-4005, approving Final Tract Map No. 5906, and entered into a Subdivision Improvement Agreement with the subdivider, Burns Pacific Construction, Inc., to ensure compliance to the requirements for phasing and construction responsibilities for Tentative Tract No. 5906; including sureties for performance for all grading, construction of storm drainage facilities and utilities, private and public streets, and other private and public improvements, both onsite and offsite. Final Tract Map No. 5906 was recorded on October 28, 2022. DISCUSSION The filing, approval, and recordation of Final Tract Map No. 5906 resubdivided 17 industrials lots that were previously created by Final Tract Map No. 5147. In essence, Tract 5906 has replaced, or superseded, Tract No. 5147. As part of Tract No. 5147, the developer/subdivider, A-B Properties/Burns Pacific Construction, Inc., provided surety bonds to the City for specific public and private improvements. With the recordation of Final Tract Map No. 5906 and a current Subdivision Improvement Agreement by and between the City and Burns Pacific Construction, Inc. for Tract 5906, City staff is recommending exonerating surety bonds that are tied to the superseded Tract 5147 Item: 10.E. 703 Honorable City Council 02/15/2023 Regular Meeting Page 2 development. The following table provides a list of all current bonds for both Tracts 5906 and 5147. Surety Type Bond Number Original Bond Amount Prior Authorization Action Authorized Action as of 2/15/2023 Surety Bond – Improvement Performance and Payment (Tract 5906) 4418694 $2,264,885.00, increased to $4,304,405.16 None None Surety Bond – Grading (Tract 5906) 4418695 $458,143.15, increased to $1,104,232.80 None None Surety Bond – Public Improvements Performance and Payment (Tract 5147, Landscape) 4418696 $109,092.36 None Exonerate Surety Bond – Public Improvements Performance and Payment (Tract 5906, Gabbert Road) 4418697 $400,000.00, increased to $1,201,052.03 None None Surety Bond – Public Improvements Performance and Payment (Tract 5906, Landscape Wall) 4418698 $203,400.00, increase to $430,829.54 None None Surety Bond – Public Improvements Performance and Payment (Tract 5147, SR-118 bypass) 4418699 $1,000,000.00 None Exonerate Surety Bond – Public Improvements Performance and Payment (Tract 5906, North Hills Parkway) 4444897 $1,521,722.31 None None 704 Honorable City Council 02/15/2023 Regular Meeting Page 3 Surety Type Bond Number Original Bond Amount Prior Authorization Action Authorized Action as of 2/15/2023 Surety Bond – Monuments (Tract 5906, North Hills Parkway) 4444898 $23,592.80 None None Surety Bond – Monuments (Tract 5906) 4444899 $23,805.79 None None Surety Bonds 4418696 and 4418699 are tied to the original subdivision and development for Tract 5147. The public and private improvements that are attached to bonds 4418696 and 4418699 are included in the new and updated bonds for Tract 5906. With the recordation of Tract 5906, staff is recommending the exoneration of bonds 4418696 and 4418699. ENVIRONMENTAL DETERMINATION The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The exoneration of surety bonds for public improvements related to a prior Vesting Tentative Map that has been superseded by another Vesting Tentative Map on the same project meets the above criteria and is not subject to CEQA. No additional environmental review is required. FISCAL IMPACT There is no fiscal impact associated with this action. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Adopt Resolution No. 2023-____, exonerating surety bond numbers 4418696 and 4418699; and 2. Direct the City Clerk to exonerate surety bond numbers as shown in the agenda report and draft resolution. Attachment: Draft Resolution No. 2023-____ 705 RESOLUTION NO. 2023-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXONERATING SURETY BONDS 4418696 and 4418699 FOR TRACT 5147 (BURNS PACIFIC CONSTRUCTION, INC.) WHEREAS, on March 21, 2007, the City Council approved the Final Map for Tract No. 5147; and WHEREAS, the City and A-B Properties entered into a Development Agreement for the development of Tract 5147 and the developer provided sureties to the City for specific public and private improvements; and WHEREAS, the City Council adopted Resolution No. 2013-3182, approving Tentative Tract Map No. 5906, a resubdivision of Tract No. 5147 for 17 industrial lots on 34.70 acres, located 1,300 feet west of Gabbert Road, north of Union Pacific Railroad right-of-way, on the application of A-B Properties; and WHEREAS, the City Council adopted Resolution No. 2021-4005, approving Final Tract Map No. 5906, a resubdivision of Tract No. 5147 for 17 industrial lots on 34.70 acres; and WHEREAS, on June 7, 2021, the City entered into a Subdivision Improvement Agreement with Burns Pacific Construction, Inc. for the construction of public and private improvements related to Tract 5906; and WHEREAS, the developer, Burns Pacific Construction, Inc., provided new and updated sureties to the City, per the requirements of the Developer and Subdivision Improvement Agreements for Tract 5906; and WHEREAS, on October 28, 2022, Final Tract Map No. 5906 was recorded in the Official Records of the Ventura County Clerk-Recorder’s Office (2022000105692) and now supersedes the previous Tract No. 5147; and WHEREAS, City staff recommends the City Council exonerate Surety Bond Numbers 4418696 and 4418699. 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 ATTACHMENT 706 Resolution No. 2023-____ Page 2 exonerates Surety Bond Numbers 4418696 and 4418699. 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 15th day of February 2023. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk 707