HomeMy WebLinkAbout07 - CC-7 - Release of Bonds in Connection with Vest - 11/5/20191
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 5, 2019 ITEM NUMBER: CC-7
SUBJECT: RELEASE OF BONDS IN CONNECTION WITH VESTING TRACT MAP
17747 AT 1620 THROUGH 1644 WHITTIER AVENUE, COSTA MESA,
CALIFORNIA
DATE: OCTOBER 25, 2019
FROM: PUBLIC SERVICES DEPARTMENT / ENGINEERING DIVISION
PRESENTATION BY: RAJA SETHURAMAN, PUBLIC SERVICES DIRECTOR
FOR FURTHER INFORMATION
CONTACT:
BALTAZAR MEJIA, CITY ENGINEER
(714) 754-5335
RECOMMENDED ACTION
Staff recommends that the City Council authorize the release of the Performance, and Labor
and Material Bonds (Certificate No. 024060641) in the amount of $407,498.00 each to
Taylor Morrison of California, LLC, 100 Spectrum Center Drive, Suite 1450, Irvine, CA
92618.
BACKGROUND
On November 10, 2014, the Planning Commission approved Planning Application PA-14-
06 and Vesting Tentative Tract Map 17747 to subdivide a 5.7-acre lot into 89 numbered
lots and 11 lettered lots, which resulted in an 89-unit residential development. The
Engineering Division issued Encroachment Permit No. PS15-00560 for the construction
of street improvements within Whittier Avenue, West 16th Street, Newhall Street, and the
storm drain easement within this Tract. The Encroachment Permit allowed the
construction of the curb and gutter, sidewalk, drive approach, public storm drain system
from Newhall Street to 16th Street, and the installation of utilities. The Performance, and
Labor and Material Bonds in the amount of $407,498.00 each were received and
accepted by the Public Services Department as a guarantee for the construction.
ANALYSIS
The Costa Mesa Municipal Code Section 15-32(b) Special deposit of costs or bond
required; computation states “The condition of said bond (or cash deposit) shall be that
the applicant will perform the work authorized by any permit issued pursuant to this
chapter in a good and workmanlike manner and to the satisfaction of the City Engineer.”
In addition, the California Government Code Section 66499.7(a) Improvement Security
states that upon completion of the improvements, the legislative body releases the bonds.
2
All conditions of the Tentative and Final Tract Map have been met and the work has
been completed and accepted by the City Engineer. Staff therefore requests that the
City Council authorize the release of bonds for the subject project.
ALTERNATIVES CONSIDERED
No alternatives have been considered. The Engineering Division has determined that the
conditions of the bonds have been satisfied. Therefore, the applicant is entitled to the
release of bonds pursuant to Section 66499.7(a) of the California Government Code.
FISCAL REVIEW
There is no fiscal impact to the City relative to this item.
LEGAL REVIEW
The City Attorney’s Office has reviewed and approved this report as to form.
CITY COUNCIL GOALS & PRIORITIES:
This is an administrative action to release a performance bond in accordance with the
California Government Code.
CONCLUSION
All required conditions of the Encroachment Permit have been completed by the
contractor. Therefore, staff recommends that the Performance, and Labor and Material
Bonds in the amount of $407,498.00 each be released to Taylor Morrison of California,
LLC.
BALTAZAR MEJIA RAJA SETHURAMAN
City Engineer Public Services Director
KELLY A. TELFORD, CPA KIMBERLY HALL BARLOW
Finance Director City Attorney