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CITY COUNCIL AGENDA ITEM NO. 7

Meeting Date: December 12, 2006

Subject/Title: Adopt a Resolution accepting offers of dedications and improvements for William Lyon Homes Subdivision No. 8424, located north of Chestnut Street and east of Garin Parkway.

Prepared by: Public Works: D. Galey

Submitted by: Public Works: B. Grewal
_____________________________________________________________________________________________

RECOMMENDATION
Adopt a Resolution accepting all offers of dedication for rights-of-way, easements, parcels of land and other rights as shown on the Final Map; accepting all public improvements for maintenance, excluding the Heron Park detention basin outfall structure; accepting the Subdivision Maintenance Bond and releasing the Subdivision Improvement Securities for William Lyon Homes Subdivision No. 8424, located north of Chestnut Street and east of Garin Parkway.

PREVIOUS ACTION
On June 19, 2001, by Resolution No. 01-53, the Planning Commission approved Tentative Subdivision Map No. 8424, with conditions.

On August 27, 2002, by Resolution No. 2651, City Council approved Final Subdivision Map No. 8424, accepting the improvement securities and approving the Subdivision Improvement Agreement.

On April 22, 2003, by Resolution 2832, City Council approved a Reimbursement Agreement with William Lyon Homes for Master Planned Facilities.

On September 2, 2003, the Planning Commission amended Resolution No. 01-53 amending the Conditions of Approval for Tentative Subdivision Map No. 8424.

BACKGROUND
This subdivision, located north of Chestnut Street and east of Garin Parkway, contains 252 single-family residential lots. All public improvements required by the Conditions of Approval for this subdivision have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights and fiber optics. As a part of this project, William Lyon Homes constructed the 10 acre Heron Park and Detention Basin, extended Garin Parkway north of Chestnut Street to Sycamore Avenue, extended realigned Chestnut Street easterly to Sellers Avenue and constructed master planned nonpotable water facilities. The Developer has worked with the Contra Costa County Flood Control District for the last few years towards design and construction approval of the outfall structure that will connect the detention basin at Heron Park with Storm Drain Line A to ultimately drain this site northerly to Marsh Creek. The Flood Control District has not yet completed the design of this facility, which is proposed to be owned and operated by the District. As an interim measure, the Developer’s contractor has installed storm drain lines from the basin to the Storm Drain Line A trunk line, in the event a portion of the basin will need to be drained during the rainy season. Approval by the District is anticipated by the end of December and William Lyon Homes has posted a Performance Bond guaranteeing completion of the structure upon approval and as soon as weather permits. William Lyon Homes has provided a Maintenance Bond to cover the twelve-month warranty period for all improvements in the subdivision that have been completed.

As required by the Conditions of Approval and shown on the improvement plans, the Developer has installed the following improvement quantities: 7,495 LF of 8” sewer lines, 1,650 LF of 12” sewer lines, 14,900 LF of 8”-20” waterlines, 3,308 LF of 12” and 20” nonpotable waterlines, 12,434 LF of 18”-66” storm drain lines, 36,715 LF of curb and gutter, 173,215 LF of 5’ and 10’ sidewalk, 12,986 LF of pavement, 101 streetlights, 12,600 LF of joint trench including fiber optic conduit and a 10 acre park and detention basin.

When the Final Map was approved by the City Council, the right-of-way offers of dedication were accepted subject to acceptance of improvements. The improvements are now installed to support the new lots; therefore, it is the appropriate time to accept the improvements, rights-of-way and easements as offered on the Final Map.

FISCAL IMPACT
Upon acceptance of improvements the City will incur annual costs associated with necessary maintenance of 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. 02-2 has been formed for this subdivision 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 ALL OFFERS OF DEDICATION FOR RIGHTS-OF-WAY, EASEMENTS, PARCELS OF LAND AND OTHER RIGHTS AS SHOWN ON THE FINAL MAP; ACCEPTING ALL PUBLIC IMPROVEMENTS FOR MAINTENANCE, EXCLUDING THE DETENTION BASIN OUTFALL STRUCTURE; ACCEPTING THE SUBDIVISION MAINTENANCE BOND AND RELEASING THE SUBDIVISION IMPROVEMENT SECURITIES FOR WILLIAM LYON HOMES SUBDIVISION NO. 8424, LOCATED NORTH OF CHESTNUT STREET AND EAST OF GARIN PARKWAY.

WHEREAS, on June 19, 2001, by Resolution No. 01-53, the Planning Commission approved Tentative Subdivision Map No. 8424, with conditions; and

WHEREAS, on August 27, 2002, by Resolution No. 2651, City Council approved Final Map Subdivision No. 8424, accepting the improvement securities and approving the Subdivision Improvement Agreement; and

WHEREAS on April 22, 2003, by Resolution 2832, City Council approved a Reimbursement Agreement with William Lyon Homes for Master Planned Facilities; and

WHEREAS, the required public improvements, excluding the Flood Control District Detention Basin outfall structure, have been completed and constructed in substantial conformance with the approved improvement plans; and

WHEREAS, William Lyon Homes has posted a Performance Bond guaranteeing completion of the Heron Park Detention Basin outfall structure pending design approval by the Contra Costa County Flood Control District.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8424, William Lyon Homes that;
1. All public improvements for maintenance, excluding the detention basin outfall structure, are hereby accepted.
2. All offers of dedication for rights-of-way, easements, parcels of land and other rights intended for public use as shown on the Final Map are hereby accepted.
3. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.
4. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
5. The City Engineer is hereby authorized to release the Performance Bond posted to guarantee completion of the Heron Park Detention Basin outfall structure upon construction completion.
6. The City Clerk is hereby directed 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 12th day of December 2006 by the following vote:
 

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