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CITY COUNCIL AGENDA ITEM NO. 15



Meeting Date: March 11, 2008

Subject/Title: Adopt a Resolution accepting EBMUD Mokelumne Aqueduct Right of Way improvements for Subdivision No. 8788, S & S Farms, located on the north side of Grant Street from the Union Pacific Railroad Right of Way to Cesar Chavez Road; not including future Adams Street extension or the O’Hara Avenue extension pieces, 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 EBMUD Mokelumne Aqueduct Right of Way improvements for Subdivision No. 8788, S & S Farms, located on the north side of Grant Street from the Union Pacific Railroad Right of Way to Cesar Chavez Road; not including future Adams Street extension or the O’Hara Avenue extension pieces, by Brentwood Sand Creek Partners, LLC.
Creek Ro by Brentwood Sand Creek Partners,
PREVIOUS ACTION
In 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
EBMUD Mokelumne Aqueduct Right of Way improvements for Subdivision No. 8788, S & S Farms, located on the north side of Grant Street from the Union Pacific Railroad Right of Way to Cesar Chavez Road; not including future Adams Street extension or the O’Hara Ave extension pieces, by Brentwood Sand Creek Partners, LLC 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 an 9.02 acres of landscaping including shrubs, irrigation, one backflow device, three local remote irrigation controllers, a booster pump, three dog pick up stations and 4,720 feet of two rail fence. These EBMUD Mokelumne Aqueduct Right of Way improvements are now installed to City Standards; therefore, it is appropriate to accept the these EBMUD Mokelumne Aqueduct Right of Way improvements as offered on the Final Map.

The Developer issued one bond to EBMUD for the temporary use of the EBMUD Mokelumne Aqueduct Right of Way which have already been resolved with EBMUD. 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 zero value for landscaping and irrigation work for the EBMUD Mokelumne Aqueduct Right of Way improvements on Subdivision No 8788. The Developer is not required to provide any Maintenance Bonds to cover a warranty period for the EBMUD Mokelumne Aqueduct Right of Way improvements in the subdivision.

FISCAL IMPACT
Upon acceptance of the EBMUD Mokelumne Aqueduct Right of Way Improvements, the City will incur annual costs associated with the necessary maintenance of the landscape improvements. The yearly estimated total maintenance cost for the EBMUD Mokelumne Aqueduct Right of Way Improvements is $60,945. Landscape and Lighting Assessment District No.03-2 has been formed for this subdivision for these costs.

Attachments:
Resolution
Site Map of EBMUD Mokelumne Aqueduct Right of Way Improvements location


RESOLUTION NO.____

A RESOLUTION ACCEPTING EBMUD MOKELUMNE AQUEDUCT RIGHT OF WAY IMPROVEMENTS FOR SUBDIVISION NO. 8788, S & S FARMS, LOCATED ON THE NORTH SIDE OF GRANT STREET FROM THE UNION PACIFIC RAILROAD RIGHT OF WAY TO CESAR CHAVEZ ROAD; NOT INCLUDING FUTURE ADAMS STREET EXTENSION OR THE O’HARA AVENUE EXTENSION PIECES, BY BRENTWOOD SAND CREEK PARTNERS, LLC AND DIRECT THE CITY CLERK TO FILE RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY.

WHEREAS, in 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 Right of Way 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 EBMUD Mokelumne Aqueduct Right of Way 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 EBMUD Mokelumne Aqueduct Right of Way on file with the City Engineer.
2. All EBMUD Mokelumne Aqueduct Right of Way Improvements for maintenance, for Subdivision No. 8788, S & S Farms, located on the north side of Grant Street from the Union Pacific Railroad Right of Way to Cesar Chavez Road; not including future Adams Street extension or the O’Hara Avenue extension pieces, by Brentwood Sand Creek Partners, LLC.
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 March 11, by the following vote:





 
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