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CITY COUNCIL AGENDA ITEM NO. 9

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 the off-site O’Hara Avenue improvements and all in-tract and off-site landscaping including Seedling Park, constructed by Meritage Homes as part of Subdivision No. 8875, located south of Lone Tree Way and north of Grant Street.

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 the off-site O’Hara Avenue improvements and all in-tract and off-site landscaping including Seedling Park, constructed by Meritage Homes (“Developer”) as part of Subdivision No. 8875, located south of Lone Tree Way and north of Grant Street.

PREVIOUS ACTION
On April 5, 2005 by Resolution No. 05-19, Planning Commission approved Tentative Subdivision Map No. 8875, with conditions.

On March 14, 2006, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8875 and the associated Subdivision Improvement Agreement.

BACKGROUND
Conditioned as a part of Tentative Subdivision Map No. 8875, the Developer constructed O’Hara Avenue from Lone Tree Way southerly to Grant Street, including the bridge over the Contra Costa County Flood Control Channel and the EBMUD Aqueduct crossing. This roadway section completed the last stretch of O’Hara Avenue linking Downtown Brentwood with the northerly part of town to Lone Tree Way and continuing to the City of Oakley. 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 fiber optics. In addition, all in-tract and off-site landscaping required of the project is complete, including the 1.4 acre park.

As shown on the improvement plans, the Developer has installed the following improvement quantities for O’Hara Avenue: 162 Lineal Feet (“LF”) of 30” diameter waterline, 8,143 Square Feet (“SF”) of paving, 250 LF of 5’ sidewalk, 352 LF of curb and gutter, and 61,884 SF of landscaping and irrigation.

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. The Developer has provided Maintenance Bonds to cover the twelve-month warranty period for the public improvements. 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 landscaping 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 THE OFF-SITE O’HARA AVENUE IMPROVEMENTS AND ALL IN-TRACT AND OFF-SITE LANDSCAPING INCLUDING SEEDLING PARK, CONSTRUCTED BY MERITAGE HOMES AS PART OF SUBDIVISION NO. 8875, LOCATED SOUTH OF LONE TREE WAY AND NORTH OF GRANT STREET.


WHEREAS, on April 5, 2005, by Resolution No. 05-19, Planning Commission approved Tentative Subdivision Map No. 8875, with conditions; and

WHEREAS, on March 14, 2006, by an Informational Report, City Council was notified of the City Manager’s approval of Final Subdivision Map No. 8875 and the associated Subdivision Improvement Agreement; and

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

WHEREAS, Meritage Homes 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. 8875 off-site O’Hara Avenue improvements and all in-tract and off-site landscaping including Seedling Park, developed by Meritage Homes, that:

1. O’Hara Avenue and all in-tract and off-site landscaping including Seedling Park, public improvements 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 O’Hara Avenue 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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