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CITY COUNCIL AGENDA ITEM NO. 12



Meeting Date: March 25, 2008

Subject/Title: Adopt a Resolution accepting the Public Landscaping Improvements for maintenance and releasing the improvements securities for the Public Landscaping on Empire Avenue, Shady Willow Lane, East Bay Municipal Utilities District Trail (EBMUD), Parcels C, D, F, G, located west of Shady Willow and north of Empire Avenue constructed by Discovery Builders, Inc. (Developer) as part of Subdivision No. 8601

Prepared By: Ken De Silva, Landscape/Facilities Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation


RECOMMENDATION
Adopt a Resolution accepting the Public Landscaping for maintenance and releasing the improvement securities for Public Landscaping Improvements for the Public Landscaping on Empire Avenue, Shady Willow Lane, East Bay Municipal Utilities District Trail, Parcels C, D, F, G, located west of Shady Willow and north of Empire Avenue constructed by Discovery Builders, Inc. (Developer) as part of Subdivision No. 8601.
nd Creek Partners,
PREVIOUS ACTION
On February 4, 2003 by Resolution No.02-87, Planning Commission approved Tentative Subdivision Map No. 8601, 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. 8601.

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

BACKGROUND
Conditioned as part of Tentative Subdivision Map No. 8601, the Developer constructed the landscape improvements on the western side of Shady Willow Lane, between Grant Street and Empire Avenue, Public Landscaping on the north side of Empire Avenue; and in-tract Public Landscaping including mini parks and public trails (Parcel C, D, F,G and EBMUD Trail) as part of Subdivision 8601. This Public Landscaping is complete and has been inspected and is in substantial conformance with the approved plans including planting materials, construction, irrigation and equipment associated with Subdivision No. 8601, “Brighton Station”.
As shown on the Landscaping Improvement plans, Developer has installed all irrigation devices, plants material, trees, in substantial conformance with the City of Brentwood Parks and Recreation specifications.

The necessary Right-Of-Way and Public Landscaping offers of dedication and easements required for maintenance of Subdivision No. 8601 was offered to the City and accepted as part of the Final Map No. 8601. With the Landscaping Improvements now completed, staff recommends accepting the Public Landscaping and beginning maintenance immediately. The Developer will cover a twelve (12) month warranty period for all trees and plants materials within the Public Landscaping parcels.

The Developer issued a bond to the City on Subdivision No. 8601. Subdivision Off site Performance Bond #104370390 in the amount of $1,062,399. This bond was based on City of Brentwood approved Engineers Estimate for Offsite Improvements including public landscaping Bonding Purposes on Subdivision 8601. Under the Miscellaneous section of the City estimate, the City indicates zero value for landscaping and irrigation work for Public Landscaping Improvements on Subdivision No. 8601. The Developer is not required to provide any additional Maintenance Bonds to cover any warranty period for Public Landscaping Improvements for Subdivision No. 8601

FISCAL IMPACT
Upon acceptance of the Public Landscaping Improvements, the City will incur annual costs associated with the necessary maintenance of the landscape improvements. The yearly estimated total maintenance cost for the Public Landscaping Improvements is $36,162. Landscape and Lighting Assessment District No. 02-3 has been formed for this subdivision to pay for these costs.

Attachments:
Resolution
Site Map of Public Landscaping Improvements location


RESOLUTION NO.____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PUBLIC LANDSCAPING IMPROVEMENT OFFERS OF DEDICATION IN-FEE; ACCEPTING RIGHTS SHOWN ON THE FINAL MAP NO. 8601 FOR THE PUBLIC LANDSCAPING IMPROVEMENT; ACCEPTING PUBLIC LANDSCAPING IMPROVEMENTS FOR MAINTENANCE ON SUBDIVISION NO. 8601, BRIGHTON STATION, LOCATED ON THE SOUTH SIDE NORTH OF SHADY WILLOW LANE BETWEEN GRANT STREET TO EMPIRE AVENUE ALSO INCLUDING PARCELS C, D, F, G AND EBMUD TRAIL; AND DIRECTING THE CITY CLERK TO FILE THIS RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY

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, City Council was notified through an Informational Report of the City Manager’s approval of Final Subdivision Map No. 8601, acceptance and approval of the Subdivision Improvement Agreement; and

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

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Brentwood with respect to, Subdivision No. 8601 Public Landscaping Improvements, Brighton Station, constructed by Discovery Builders, Inc:,
1. Accepts all Public Landscaping along Shady Willow Lane, Empire Avenue, Parcels C, D, F, G and EBMUD Trail.
2. Accepts all Public Landscaping Improvements for maintenance and materials.
3. Directs the City Clerk to file this 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 25, 2008, by the following vote:


 
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