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HomeMy WebLinkAboutAGENDA REPORT 2024 0619 CCSA REG ITEM 10HCITY OF MOORPARK, CALIFORNIA City Council Meeting of June 19, 2024 ACTION APPROVED STAFF RECOMMENDATIONS INCLUDING ADOPTION OF RESOLUTION NO. 2024- 4261. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. H. Consider a Resolution Exonerating a Cash Deposit for the Grading and Improvements at Mountain Meadows Butter Creek Estates Homeowners Association (Mountain Meadows Wall). Staff Recommendation: 1) Adopt Resolution No. 2024-4261, exonerating Cash Deposit – Grading & Improvements; and 2) Authorize the City Clerk to exonerate Cash Deposit as shown in the Agenda Report and Draft Resolution. (Staff: Dan 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: 06/19/2024 Regular Meeting SUBJECT: Consider a Resolution Exonerating a Cash Deposit for the Grading and Improvements at Mountain Meadows Butter Creek Estates Homeowners Association (Mountain Meadows Wall) BACKGROUND Staff issued Grading Permit 264G for grading and improvements associated with the replacement and reconstruction of approximately 1,100 linear feet of damaged sections of a retaining wall along the southside of Mountain Meadows Drive, between Chestnut Ridge Street and Walnut Creek Road. The retaining wall structure is located along the toe of fill slopes that ascend to the backside of existing residential, single-family lots within the Mountain Meadows Butter Creek Estates Homeowners Association. As part of permit issuance, a surety is required to ensure that the improvements, as shown on Moorpark Drawing No. 15-ML-11033, are completed in accordance with the Plans and Specifications. In lieu of a surety bond, the homeowners association provided a cash deposit with the City in the amount of $100,000.00. DISCUSSION The grading and improvements were constructed and accepted by City staff on February 24, 2021. On March 17, 2021, as part of the City’s acceptance and a warranty period of one-year for the improvements, the City Council reduced the cash deposit to ten percent to the amount of $10,000. The Parks and Recreation Director has confirmed that the landscape improvements are in substantial compliance with the landscape architectural plans and are complete. On May 20, 2024, the retaining wall permit was finalized by the Building Official. The improvements have performed beyond the one-year warranty period and staff recommends that the following cash deposit be exonerated: Item: 10.H. 585 Honorable City Council 06/19/2024 Regular Meeting Page 2 Surety Type Bond Number Original Bond Amount Prior Authorization Action Authorized Action of 6/19/2024 Cash Deposit – Grading & Improvements N/A $100,000.00 Reduced to $10,000.00 (10%) Exonerate Attached for the City Council’s consideration is a Resolution exonerating Cash Deposit –Grading & Improvements. 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) 1.Adopt Resolution No. 2024-____, exonerating Cash Deposit – Grading & Improvements. 2.Authorize the City Clerk to exonerate Cash Deposit as shown in the Agenda Report and Draft Resolution. Attachment: Draft Resolution No. 2024-____ 586 ATTACHMENT RESOLUTION NO. 2024-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, EXONERATING THE CASH DEPOSIT FOR GRADING & IMPROVEMENTS FOR GRADING PERMIT NO. 264G, MOUNTAIN MEADOWS BUTTERCREEK ESTATES HOMEOWNERS ASSOCIATION WHEREAS, the City issued Grading Permit No. 264G for the grading and improvements of a slope associated with the repair and replacement of an existing failed retaining wall on Mountain Meadows Drive, between Chestnut Ridge Street and Walnut Creek Road, in the Mountain Meadows Buttercreek Estates Homeowners Association; and WHEREAS, on November 1, 2017, a Cash Deposit for Grading & Improvements was provided to the City by Mountain Meadows Buttercreek Estates Homeowners Association in the amount of $100,000; and WHEREAS, on March 17, 2021, the City Council accepted the grading and site improvements at Mountain Meadows Drive, between Chestnut Ridge Street and Walnut Creek Road, in the Mountain Meadows Buttercreek Estates Homeowners Association and reduced the cash deposit to $10,000 (10%); and WHEREAS, on May 20, 2024, the Building & Safety Division accepted the Final Structural Observation Report and finalized Building Permit No. 16-712; and WHEREAS, City staff now recommends that the City Council fully exonerate the Cash Deposit for Grading & Improvements for Mountain Meadows Drive, between Chestnut Ridge Street and Walnut Creek Road, in the Mountain Meadows Buttercreek Estates Homeowners Association. 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 Cash Deposit for Grading & Improvements for Mountain Meadows Drive, between Chestnut Ridge Street and Walnut Creek Road, in the Mountain Meadows Buttercreek Estates Homeowners Association. 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 19th day of June, 2024. 587 Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk 588