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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: November 13, 2007

Subject/Title: Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Brentwood Sand Creek Partners, LLC (Lennar Communities), Subdivision No. 8833 (Phase IV of VTSM No. 8788), located north of Sand Creek Road, south of Grant Street and west of O’Hara Avenue.

Prepared by: Debra Galey, Management Analyst

Submitted by: Bailey Grewal, Director of Public Works/City Engineer

RECOMMENDATION
Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for Brentwood Sand Creek Partners, LLC (Lennar Communities), Subdivision No. 8833 (Phase IV of VTSM No. 8788), located north of Sand Creek Road, south of Grant Street and west of O’Hara Avenue.

PREVIOUS ACTION
On March 2, 2004, the Planning Commission of the City of Brentwood adopted Resolution No. 04-10, approving Vesting Tentative Subdivision Map (VTSM) No. 8788, with conditions.

On May 3, 2005, the Planning Commission amended Resolution No. 04-10, to modify eleven of the Conditions of Approval for Vesting Tentative Subdivision Map No. 8788.

On October 11, 2005, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8833 and associated Subdivision Improvement Agreement.

On February 28, 2006, by Resolution No. 2006-38, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788.

BACKGROUND
This subdivision, located north of Sand Creek Road, south of Grant Street and along O’Hara Avenue is Phase IV of TSM No. 8788. It has been developed by Brentwood Sand Creek Partners, LLC (Lennar Communities) (“Developer”) and contains 63 single-family residential lots. All public improvements required by the project’s Conditions of Approval have been constructed and inspected for conformance with the approved improvement plans including sewer, water and storm drain lines, sidewalk, paving, streetlights, fiber optic conduit and landscaping. As a part of this project, the Developer constructed O’Hara Avenue from Sand Creek Road north to Grant Street, and extended Grant Street from its previous westerly terminus. Both of these new roads provided access and infrastructure to the new Marsh Creek Elementary School in time for the school’s opening in the summer of 2005. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for all improvements in addition to a cash bond for any damage to public infrastructure during build-out of the homes.

As required by the Conditions of Approval and shown on the improvement plans, the Developer has installed the following improvement quantities: 3,220 linear feet (“LF”) of 8” sewer lines, 3,360 LF of 8” waterlines, 2,780 LF of various diameter storm drain lines, 5,922 LF of 5’ wide sidewalk, 3,991 LF of pavement, 6,580 LF of curb and gutter, 19 streetlights and 3,290 LF of fiber optic conduit.

The necessary right-of-way offers of dedication and easements required for maintenance of the public improvements were offered to the City and accepted as a part of the final map. With the improvements now installed, it is the appropriate time to accept the improvements and begin the warranty period.

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” transportation sales tax, with sewer and water maintenance funded through their respective enterprise funds. Landscaping and Lighting Assessment District (LLD) No. 03-2 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 PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE SUBDIVISION MAINTENANCE BOND AND RELEASING THE SUBDIVISION IMPROVEMENT SECURITIES FOR BRENTWOOD SAND CREEK PARTNERS, LLC (LENNAR COMMUNITIES), SUBDIVISION NO. 8833 (PHASE IV OF VTSM NO. 8788), LOCATED NORTH OF SAND CREEK ROAD, SOUTH OF GRANT STREET AND WEST OF O’HARA AVENUE.


WHEREAS, on March 2, 2004, the Planning Commission of the City of Brentwood adopted Resolution No. 04-10, approving Vesting Tentative Subdivision Map (VTSM) No. 8788, with conditions; and

WHEREAS, on May 3, 2005, the Planning Commission amended Resolution No. 04-10, to modify eleven of the Conditions of Approval for Vesting Tentative Subdivision Map No. 8788; and
WHEREAS, on October 11, 2005, City Council was notified through an informational report of the approval of Final Subdivision Map No. 8833 and required Subdivision Improvement Agreement; and

WHEREAS, on February 28, 2006, by Resolution No. 2006-38, City Council approved and authorized the City Manager to execute a Reimbursement Agreement with Brentwood Sand Creek Partners, LLC, Subdivision No. 8788; and

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

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8833, Brentwood Sand Creek Partners, LLC (Lennar Communities) that:

1. All public improvements for maintenance are hereby accepted.
2. The Maintenance Bond to guarantee against defects in material and workmanship for a period of twelve months is hereby accepted.
3. The Subdivision Performance and Payment Bonds will be released within sixty (60) days of the passage of this Resolution.
4. 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 13th day of November 2007 by the following vote:

 
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