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CITY COUNCIL AGENDA ITEM NO. 13

Meeting Date: February 26, 2008

Subject/Title: Adopt a Resolution accepting Backbone Landscape Improvements for Subdivision No. 8788, S & S Farms, located on O’Hara Avenue from New Sand Creek Road to Grant Street, Grant Street from O’Hara Avenue to Lone Oak Road, Adams Lane from Grant Street to O’Hara Avenue and Caper Drive from O’Hara Avenue to Lone Oak Road by Brentwood Sand Creek Partners, LLC.

Prepared By: Ken De Silva, Landscape/Facilities Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation

RECOMMENDATION
Adopt a Resolution accepting Backbone Landscape Improvements for Subdivision No. 8788, S & S Farms, located on O’Hara Avenue from New Sand Creek Road to Grant Street, Grant Street from O’Hara Avenue to Lone Oak Road, Adams Lane from Grant Street to O’Hara Avenue and Caper Drive from O’Hara Avenue to Lone Oak Road by Brentwood Sand Creek Partners, LLC. C
reek Ro by Brentwood Sand Creek Partners,
PREVIOUS ACTION
On March 2, 2004, by Resolution No. 04-9, Planning Commission approved Vesting Tentative Subdivision Map No. 8788, with conditions.

In order for the Final Map to be recorded, the City Manager approved the Subdivision Map, accepted the offers of dedication as shown on the Subdivision Improvement Map, and executed the Subdivision Improvement Agreement for Final 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. 8788, acceptance of improvements securities and approval of the Subdivision Agreement.

BACKGROUND
The Backbone Landscape Improvements are part of the Tentative Subdivision Map (TSM) No. 8788 and are located on O’Hara Avenue from New Sand Creek Road to Grant Street, Grant Street from O’Hara Avenue to Lone Oak Road, Adams Lane from Grant Street to O’Hara Avenue and Caper Drive from O’Hara Avenue to Lone Oak Road by Brentwood Sand Creek Partners, LLC. (“Developer”).

As part of Subdivision No. 8788 improvement plans, as part of the Conditions of Approval requirements, and as part of the Subdivision Improvement Agreement, the Developer has constructed 3.86 total acres of landscaping in the median and parkway, including shrubs, irrigation, one backflow device, local remote irrigation controllers, and a booster pump. These Backbone Landscape Improvements are now installed to City Standards; therefore, it is appropriate to accept the Backbone Improvements as offered on the Final Map.

The Developer issued two bonds to the City on the proposed subdivision: Subdivision Improvement Bond Faithful Performance Bond #72BSBDJ4749 in the amount of $5,548,826.80 and Subdivision Bond Payment #72BSBDJ4749 for $5,548,826.80. The bond amounts were based on City of Brentwood Engineers Estimate for Public Improvements Bonding Purposes on Subdivision 8788. Under the Miscellaneous section of the City estimate, the City indicates $326,800 for landscaping and $326,800 for the irrigation work for the Backbone Improvements on Subdivision 8788. The civil and landscape improvements are bonded with Bond #72BSBDJ4749 and the Developer will provide one warranty bond for all Backbone Improvements.

FISCAL IMPACT
Upon acceptance of the Backbone Landscape Improvements, the City will incur annual costs associated with the necessary maintenance of the landscape improvements. The yearly estimated total maintenance cost for the Backbone Landscape Improvements is $42,321. Landscape and Lighting Assessment District No.03-2 has been formed for this subdivision for these costs.

Attachments:
Resolution
Site Map of Backbone Landscape Improvements location

RESOLUTION NO.____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE BACKBONE OFFERS OF DEDICATION IN-FEE; ACCEPTING RIGHTS SHOWN ON THE FINAL MAP FOR THE BACKBONE; ACCEPTING BACKBONE IMPROVEMENTS FOR MAINTENANCE ON SUBDIVISON NO. 8788, S & S FARMS, LOCATED ON O’HARA AVENUE FROM SAND CREEK ROAD TO GRANT STREET, ON GRANT STREET FROM O’HARA AVENUE TO LONE OAK ROAD, ON ADAMS LANE FROM GRANT STREET TO O’HARA AVENUE AND ON CAPER DRIVE FROM O’HARA AVENUE TO LONE OAK ROAD AND DIRECT THE CITY CLERK TO FILE RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, on March 2, 2004 and again on May 3, 2005, by Resolution No. 04-10, Planning Commission approved Tentative Subdivision Map No. 8788, with conditions; and

WHEREAS, on October 11, 2005, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8788, acceptance of improvements securities and approval of the Subdivision Agreement; and

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

NOW, THERFORE BE IT RESOLVED, that the City Council of the City of Brentwood with respect to Subdivision No. 8788, Backbone Landscape Improvements, S & S Farms, development by Brentwood Sand Creek Partners, LLC. :
1. Accepts offers of dedication in-fee simple, as shown on the final map for Backbone Improvements on file with the City Engineer.
2. Accepts all Backbone Improvements for maintenance.
3. Direct the City Clerk to file Resolution with the Recorder of Contra Costa County.

PASSED AND APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on February 26, 2008, by the following vote:
 
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