REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Chau Vu, Director of Public Works
PREPARED BY: Bob Milani, Principal Civil Engineer
Subject:
title
Approve and accept the Public Improvements, Release the Sureties, and Accept a Guarantee and Warranty Bond for the Shorehouse Residential Subdivision (Tract 18068)
body
Statement of Issue:
C3 DLG 414 Main Street, LLC, the developer of Tract 18068 located at 414 - 424 Main Street, has completed construction of all required public improvements and is now eligible to receive a release of sureties and bonds pursuant to the provisions of the Subdivision Map Act.
Financial Impact:
No funding is required for this action.
Recommended Action:
recommendation
A) Accept the improvements constructed and dedicated for public use with Tract 18068, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and,
B) Accept Guarantee and Warranty Bond No. PB02497501239-M (Attachment 3); the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and,
C) Instruct the City Treasurer to release the Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239, and Monument Bond No. PB02497501240; and,
D) Instruct the City Clerk to notify the developer, C3 DLG 414 Main Street, LLC, of this action, and the City Treasurer to notify the surety company, Philadelphia Indemnity Insurance Company, of this action.
end
Alternative Action(s):
Provide staff alternate direction, noting that the City will need to comply with the Subdivision Map Act, whereby:
Section 66499.9 of the State of California Government Code requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty Bond may place an undue burden and cost upon the City for correcting any defective work, labor and materials furnished by the subdivider.
Analysis:
On January 23, 2018, the Planning Commission approved Tentative Tract Map No. 18068 to subdivide approximately 0.42 acres into one numbered lot for condominium purposes. The Planning Commission also recommended approval of Conditional Use Permit No. 17-008 and Coastal Development Permit No. 17-003 as part of the proposed project. Subsequently, on February 1, 2021, the City Council approved Final Tract Map No. 18068, approved execution of the Subdivision Agreement between the City of Huntington Beach and C3 DLG 414 Main Street, LLC, and accepted the project’s required Faithful Performance Bond, Labor and Material Bond, and Monument Bond.
The developer has now completed all required public improvements and is requesting the release of the aforementioned sureties, pursuant to California Government Code Section 66499.7(a). The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends the acceptance of these improvements. The improvements along Main Street and the rear alley public frontages include: curbs, gutters, sidewalks, pavement as well as public water, sewer, and storm drain facilities.
Pursuant to the project’s conditions of approval, C3 DLG 414 Main Street, LLC has provided the Guarantee and Warranty Bond No. PB02497501239-M as a surety for the one-year warranty period and is now requesting acceptance of this bond.
Project data
Developer: C3 DLG 414 Main Street LLC,
1024 Bayside Drive, Suite 365, Newport Beach, CA 92660
Engineer: Jones, Cahl & Associates, 18090 Beach Blvd. #12, HB CA 92648
Surety: Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950
Location: 414 - 424 Main Street (east side of Main Street between Orange Avenue and Pecan Avenue
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Location Map
2. Notice of Acceptance of Public Improvements (Tract No. 18068)
3. Guarantee and Warranty Bond No. PB02497501239-M
4. PowerPoint Presentation