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Current Council Agenda and Past Meeting Information

 

CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: July 26, 2005

Subject/Title: Adopt a Resolution accepting off-site Public Improvements for Design Review (DR) No. 01-34, Balfour Village Shopping Center, located at the southeast corner of Balfour Road and Fairview Avenue.

Prepared by: Engineering: D. Galey

Submitted by: Engineering: B. Grewal

RECOMMENDATION
Adopt a Resolution accepting the right-of-way offers of dedication in-fee, accepting easements, abutter’s rights and sub-surface water rights as shown on Parcel Map Minor Subdivision (MS) No. 358-02; accepting all off-site public improvements for maintenance; accepting the Maintenance Bond and releasing the Improvement Securities for DR No. 01-34, Balfour Village Shopping Center, located at the southeast corner of Balfour Road and Fairview Avenue.

PREVIOUS ACTION
On August 20, 2002, by Resolution No. 02-49, Planning Commission approved DR No. 01-34, with conditions.

BACKGROUND
This project, located at the southeast corner of Balfour Road and Fairview Avenue, was approved for a 101,500 SF commercial/retail shopping center. As a part of the project, the Developer, McNellis Partners, constructed off-site public improvements including Balfour Road and Fairview Avenue frontage improvements, new traffic signals at Balfour Road/McViking Way and Fairview Avenue/Arlington Way and modifications to the existing signal at Balfour Road/Fairview Avenue. At this time, all public improvements for this project have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights, parkway landscaping and traffic signals. The Developer’s contractor, W. L. Butler, has provided a Maintenance Bond to cover the twelve-month warranty period for the improvements.

The Developer has installed the following public improvement quantities to be maintained by the City upon acceptance: 36 LF of 8” sewer line, 175 LF of various diameter water lines, 15 LF of 24” storm drain line, 1,140 LF of curb and gutter, 1,750 LF of 5’ wide sidewalk, 1,420 LF of pavement widening, 20,500 SF of parkway landscaping, 3 traffic signals and 4 streetlights. The remaining on-site private improvements that have been constructed to support the commercial buildings will be the maintenance responsibility of the property owner or their representative.

The right-of-way offers of dedication for Balfour Road and Fairview Avenue widening were previously made as a part of MS No. 358-02. These right-of-way offers were accepted pending acceptance of improvements. The improvements are now installed to support the buildings and public roadways; therefore, it is the appropriate time to accept the improvements for maintenance and the necessary underlying right-of-way.

FISCAL IMPACT
Upon acceptance of improvements, the City will incur costs in the amount of approximately $9,760 annually, associated with necessary maintenance of public streets, landscaping and utilities. Routine roadway maintenance will be funded by the General Fund and Measure “C” gas tax, with sewer and water maintenance funded through their respective enterprise funds. Landscaping and Lighting Assessment District (LLD) No. 94-1EC has been formed for this project and will be responsible for the street lighting and landscape maintenance.

Attachments:
Resolution
Site Map
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE RIGHT-OF-WAY OFFERS OF DEDICATION IN FEE; ACCEPTING EASEMENTS, ABUTTER’S RIGHTS AND SUBSURFACE WATER RIGHTS AS SHOWN ON PARCEL MAP MS NO. 358-02; ACCEPTING ALL OFF-SITE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND AND RELEASING THE IMPROVEMENT SECURITIES FOR BALFOUR VILLAGE SHOPPING CENTER, DR NO. 01-34, LOCATED AT THE SOUTHEAST CORNER OF BALFOUR ROAD AND FAIRVIEW AVENUE.

WHEREAS, on August 20, 2002, by Resolution No. 02-49, Planning Commission approved DR No. 01-34, with conditions; and

WHEREAS, right-of-way offers of dedication for public improvements, abutter’s rights, easements and subsurface water rights have been previously dedicated as a part of Minor Subdivision 358-02; and

WHEREAS, the required public improvements have been constructed and completed in substantial conformance with the approved improvement plans.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood that all offers of dedication for rights-of-way, easements, abutter’s rights and subsurface water rights as shown on Minor Subdivision 358-02 are hereby accepted.

BE IT FURTHER RESOLVED that the public improvements are hereby accepted for maintenance.

BE IT FURTHER RESOLVED that the Maintenance Bonds to guarantee against defects in material and workmanship for a period of twelve months are hereby accepted.

BE IT FURTHER RESOLVED that the Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.

BE IT FURTHER RESOLVED that the City Council of the City of Brentwood directs the City Clerk to file this Resolution with the Recorder of Contra Costa County.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of July 2005 by the following vote:
 

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