HomeMy WebLinkAboutAGENDA REPORT 2023 0301 CCSA REG ITEM 10KCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 1, 2023
ACTION APPROVED STAFF
RECOMMENDATION, INCLUDING
ADOPTION OF RESOLUTION NO. 2023-
4166. (ROLL CALL VOTE: 4-0,
COUNCILMEMBER GROFF ABSENT)
BY A. Hurtado.
K. Consider Resolution Exonerating Surety Bonds for Tract No. 5147, Burns Pacific
Construction, Inc. Staff Recommendation: 1) Adopt Resolution No. 2023-4166,
exonerating surety bond numbers 104849880, 104849881, and 104849882; 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.K.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 03/01/2023 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Tract 5906 has replaced, or superseded, Tract No. 5147.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
Item: 10.K.
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Honorable City Council
03/01/2023 Regular Meeting
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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
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
3/01/2023
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 Exonerated
on 2/15/2023
None
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 Exonerated
on 2/15/2013
None
Surety Bond – Public
Improvements
Performance and
Payment (Tract 5906,
North Hills Parkway)
4444897 $1,521,722.31 None None
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Honorable City Council
03/01/2023 Regular Meeting
Page 3
Surety Type Bond
Number
Original Bond
Amount
Prior
Authorization
Action
Authorized
Action as of
3/01/2023
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 Bond –
Monuments (Tract
5147)
104849880 $16,965.88 None Exonerate
Surety Bond – Public
Improvements
Performance and
Payment (Tract
5147, Pro-Rate
Detention Basin)
104849881 $92,275.00 None Exonerate
Surety Bond – Public
Improvements
Performance and
Payment (Tract
5147, Gabbert
Road)
104849882 $62,475.00 None Exonerate
Surety Bonds 104849880, 104849881, and 104849882 are tied to the original subdivision
and development for Tract 5147. These three bonds are the last sureties tied to the
superseded Tract 5147. The monumentation and public and private improvements that
are attached to bonds 104849880, 104849881, and 104849882 are included in the new
and updated bonds for Tract 5906. With the recordation of Tract 5906, staff is
recommending the exoneration of bonds 104849880, 104849881, and 104849882.
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
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Honorable City Council
03/01/2023 Regular Meeting
Page 4
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 104849880,
104849881, and 104849882; 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-____
248
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXONERATING
SURETY BONDS 104849880, 104849881, AND
104849882 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 104849880, 104849881, and 104849882.
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
249
Resolution No. 2023-____
Page 2
exonerates Surety Bond Numbers 104849880, 104849881, and 104849882.
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 1st day of March 2023.
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
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