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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 8

Meeting Date: December 11, 2007

Subject/Title: Adopt a Resolution accepting the public improvements for maintenance; accepting the Maintenance Bond; and releasing the Improvement Securities for off-site Shady Willow Lane and Empire Avenue work, excluding landscaping, constructed by Discovery Builders as part of Subdivision No. 8601, located south of Grant Street and north of Empire 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 off-site Shady Willow Lane and Empire Avenue work, excluding landscaping, constructed by Discovery Builders (“Developer”) as part of Subdivision No. 8601, located south of Grant Street and north of Empire Avenue.

PREVIOUS ACTION
On February 4, 2003, by Resolution No. 02-87, Planning Commission approved Tentative Subdivision Map No. 8601, with conditions.

On October 26, 2004, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8601 and associated Subdivision Improvement Agreement.

BACKGROUND
Conditioned as a part of Tentative Subdivision Map No. 8601, the Developer constructed Shady Willow Lane from Empire Avenue northerly to the south property line of the Arbor Ridge Apartments and the Empire Avenue extension west of Shady Willow Lane. This off-site scope of improvements is complete and has been inspected for conformance with the approved improvement plans including utilities, sidewalk, paving, streetlights and landscaping.

As shown on the improvement plans, the Developer has installed the following improvement quantities: traffic signal at Grant Street and Shady Willow Lane, 1,162 Lineal Feet (“LF”) of 8”-18” sewer lines, 1,000 LF of various diameter waterlines, 1,330 LF of 12”- 42” storm drain lines, 2,920 LF of curb and gutter, 872 LF of 5’ sidewalk, 3,945 LF of pavement and 4 streetlights .

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. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for the public improvements.

FISCAL IMPACT
Upon acceptance of improvements, the City will incur annual costs associated with necessary maintenance of streets 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. 02-3 has been formed for this subdivision and will be responsible for the street lighting maintenance.

Attachments:
Resolution
Site Map

RESOLUTION NO.


A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PUBLIC IMPROVEMENTS FOR MAINTENANCE; ACCEPTING THE MAINTENANCE BOND; AND RELEASING THE IMPROVEMENT SECURITIES FOR OFF-SITE SHADY WILLOW LANE AND EMPIRE AVENUE WORK, EXCLUDING LANDSCAPING, CONSTRUCTED BY DISCOVERY BUILDERS AS PART OF SUBDIVISION NO. 8601, LOCATED SOUTH OF GRANT STREET AND NORTH OF EMPIRE AVENUE.


WHEREAS, on February 4, 2003, by Resolution No. 02-87, Planning Commission approved Tentative Subdivision Map No. 8601, with conditions; and

WHEREAS, on October 26, 2004, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8601 and associated Subdivision Improvement Agreement; and

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

WHEREAS, Discovery Builders has posted Maintenance Bonds, guaranteeing materials and workmanship, for a period of one year following acceptance of improvements.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Brentwood with respect to Subdivision No. 8601 off-site Shady Willow Lane and Empire Avenue improvements,, excluding landscaping developed by Discovery Builders, that:

1. Shady Willow Lane and Empire Avenue public improvements, excluding landscaping, are hereby accepted for maintenance.
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 for Shady Willow Lane 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 11th day of December 2007 by the following vote:
 
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