HomeMy WebLinkAboutAGENDA REPORT 2023 0607 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 7, 2023
ACTION ADOPTED RESOLUTION NO.
2023-4181. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
H. Consider Resolution Exonerating Bond No. 0513175, Surety Bond - Grading &
Improvements, John D. Eudy (Essex Moorpark Apartments). Staff
Recommendation: Adopt Resolution No. 2023-4181, exonerating Bond No.
0513175, Surety Bond - Grading & Improvements, and authorize the City Clerk to
exonerate the bonds as shown in the agenda report and draft resolution. (Staff:
Daniel Kim, City Engineer/Public Works Director) (ROLL CALL VOTE
REQUIRED)
Item: 10.H.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Daniel Kim, City Engineer/Public Works Director
DATE: 06/07/2023 Regular Meeting
SUBJECT: Consider Resolution Exonerating Bond No. 0513175, Surety Bond –
Grading & Improvements, John D. Eudy (Essex Moorpark
Apartments)
BACKGROUND AND DISCUSSION
On July 9, 2007, the Public Works Department issued Encroachment Permit No. 2831
for the hauling and stockpile of 30,000 cubic yards of fill material to the western
terminus of High Street, at a private property location owned by Essex Portfolio, L.P.
(previously APN 511-0-020-105, now APN 511-0-020-275). This location is also
referred to as the “future Civic Center” site. As a condition of importing 30,000 cubic
yards of fill material, Essex Portfolio, L.P. (Essex) provided a performance surety bond,
in the amount of $10,000, guaranteeing the restoration of the site to its pre-grade
conditions, including any revegetation, if necessary.
On March 5, 2010, John Eudy (Essex) provided a replacement surety bond for grading
and related improvements, in the amount of $213,000. This $213,000 surety bond,
Bond No. 0513175, replaced the previous $10,000 bond. On February 17, 2017, the
City Council approved Resolution No. 2017-3582, approving Residential Planned
Development Permit No. 2012-02 for a 200-unit apartment complex at 150 Casey Road,
on the application of Essex. The previously mentioned hauling and stockpiling of
30,000 cubic yards of fill material is related to the future development at 150 Casey
Road. Since the issuance of Encroachment Permit No. 2831, the stockpiled fill material
is still present at the current site location. Bond No. 0513175 is still in force and the
Principal is still bound to the City in the amount of $213,000.
In March 2023, the Danco Group (Danco) purchased the property at 150 Casey Road
from Essex. As part of the transfer of the property and all its obligations, Danco has
posted a new surety bond, in amount of $213,000, to replace the current Essex bond, in
the same amount. The replacement bond posted by Danco is tied to a current, active
grading permit (PWG2023-0020) and staff will manage and inspect the builder’s
performance of site grading and construction of improvements prior to any
Item: 10.H.
261
Honorable City Council
06/07/2023 Regular Meeting
Page 2
recommendations for bond reduction(s) and/or exoneration. With the new replacement
bond obligating Danco to the City in the amount of $213,000, staff is requesting the City
Council to consider a draft resolution exonerating the existing bond posted by Essex,
Bond No. 0513175.
Staff recommends the following bonds to be exonerated:
Surety Type Bond
Number
Original Bond
Amount
Prior
Authorization
Action
Authorized
Action of
6/07/2023
Grading &
Improvements
0513175 $213,000 None
(Danco posted new
replacement surety
for current, active
Grading Permit
PWG2023-0020)
Exonerate
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2023-____, exonerating Bond No. 0513175, Surety Bond –
Grading & Improvements, and authorize the City Clerk to exonerate the bonds as
shown in the agenda report and draft resolution.
Attachment: Draft Resolution No. 2023-____
262
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, EXONERATING SURETY
BOND NO. 0513175, SURETY BOND – GRADING &
IMPROVEMENTS, JOHN EUDY (ESSEX PORTFOLIO, L.P.)
WHEREAS, on July 9, 2007, the Public Works Department issued
Encroachment Permit No. 2831 for the purposes of hauling 30,000 cubic yards of fill
material to a private property location owned by Essex Portfolio, L.P. (previously APN
511-0-020-105, now APN 511-0-020-275); and
WHEREAS, on March 5, 2010, Essex Portfolio, L.P. posted a surety bond for
grading and improvements at APN 511-0-020-105, Bond No. 0513175, in the amount
of $213,000, for the stockpiling of 30,000 cubic yards of fill material and guaranteeing
the restoration of the site to its pre-grade conditions; and
WHEREAS, the City Council adopted Resolution No. 2017-3582, approving
Residential Planned Development Permit No. 2012-02 for a 200-unit apartment
complex at 150 Casey Road, on the application of Essex Property Trust, Inc. (Essex);
and
WHEREAS, the Danco Group (Danco) purchased the property at 150 Casey
Road from Essex; and
WHEREAS, as part of the transferring of the property and obligations, Danco
has posted a new surety bond for grading and improvements, Bond No. 9419835, in
the amount of $213,000, to replace the existing Essex bond (Bond No. 0513175); and
WHEREAS, the Public Works Department issued Grading Permit No.
PWG2023-0020 for the construction of site improvement and grading at 150 Casey
Road and the stockpile location of the fill material; and
WHEREAS, City staff now recommends that the City Council exonerate S urety
Bond No. 0513175.
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 No. 0513175.
ATTACHMENT
263
Resolution No. 2023-_____
Page 2
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 June, 2023.
Chris R. Enegren, Mayor
ATTEST:
Ky Spangler, City Clerk
264