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CITY COUNCIL AGENDA ITEM NO. 27


Meeting Date: July 22, 2008

Subject/Title: Adopt a Resolution accepting the Palomino and Appaloosa park improvements for Subdivision No. 8601, Brighton Station, and approving an agreement regarding the parks. The Brighton Station development is located south of the EBMUD canal and trail, west of Shady Willow Lane, and north of Empire Avenue.

Prepared By: Debbie Hill, Associate Planner

Submitted By: Casey McCann, Community Development Director


RECOMMENDATION
Adopt a resolution accepting the Palomino and Appaloosa park public improvements for maintenance located within Subdivision No. 8601, Brighton Station, constructed by Discovery Builders, Inc. and approving an agreement regarding the parks.

PREVIOUS ACTIONS
On February 4, 2003, by Resolution No. 02-87, the Planning Commission approved Tentative Subdivision Map No. 8601, a 199-lot subdivision, subject to various conditions of approval.

On October 12, 2004, the City Manager approved a Reimbursement Agreement for Subdivision 8601, which included the two parks located within the project.

In association with the recordation of the Final Map for this project, the City Manager approved the Subdivision Map, and executed the Subdivision Improvement Agreement for Subdivision 8601 on October 26, 2004.

On March 25, 2008, the City Council accepted the public landscaping for parcels C, D, F, and G within the Brighton Station subdivision. These improvements were for parcels along Empire Avenue, Shady Willow Lane, and the East Bay Municipal Utilities District (EBMUD) trail.

BACKGROUND
The Brighton Station subdivision includes a total of 199 lots for single family residential development. Also included in the project are two pocket parks, identified as Parcels A and B on the final map, totaling 0.94 and 0.70 acres respectively.

As conditioned as part of Tentative Subdivision Map No. 8601, the Developer has constructed the landscape improvements for these two parks, Parcels A and B of Subdivision No. 8601.

The Developer has submitted a written request for the City to consider early acceptance of the parks with the agreement that the Developer will: (1) repair, at no cost to the City, any damage to the Parks caused by the Developer (or its subcontractors) related to construction on the adjacent lots 74, 75, 110, and 115 within the Brighton Station subdivision; (2) agree that all construction activity will take place in a manner that does not prevent public access to the parks; (3) provide a payment bond; and (4) extend the warranty for any work done to repair damage..

DISCUSSION
The landscaping and other ancillary improvements to these two parks are complete and have been inspected and are in substantial conformance with the approved plans including planting, materials, construction, irrigation and equipment. As shown on the approved landscaping plans, the Developer has installed all irrigation devices, plant materials, and trees in substantial conformance with the City of Brentwood Parks and Recreation specifications.

When the conditions of approval were written for this subdivision, the parks were expected to be built as each phase of the subdivision was completed. With the slow down of the housing market, the parks have been completed well ahead of the remaining houses. Staff is recommending the parks be accepted so they are available for public use and as the necessary funds for maintenance have been budgeted in the 2008/09 adopted Lighting and Landscape District for this subdivision.

The necessary public landscaping offers of dedication and easements required for maintenance were offered to the City and accepted as part of Final Map No. 8601. With the park improvements now completed, staff recommends accepting the parks and beginning maintenance immediately. The Developer will cover a twelve (12) month warranty period for all trees and plant materials within the two park parcels.

The Agreement has been signed by the Developer, which will insure that any damage to the parks due to construction will be repaired by the Developer at their own expense. The Agreement will also insure that public access to the parks will not be denied during construction. Lastly, the Agreement requires the Developer to provide payment bonds to ensure any damage is repaired and to extend the warranty for any additional work.

FISCAL IMPACT
Upon acceptance of the park landscaping improvements, the City will incur annual costs associated with the necessary maintenance of the landscape improvements. Landscape and Lighting Assessment District No. 02-3 has been formed for this subdivision in order to pay for these maintenance costs.

Attachments:
Resolution
Vicinity Map
Agreement


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE PARK LANDSCAPING IMPROVEMENTS FOR MAINTENANCE FOR SUBDIVISION NO. 8601, BRIGHTON STATION, LOCATED SOUTH OF THE EBMUD CANAL AND TRAIL, NORTH OF EMPIRE AVENUE, AND WEST OF SHADY WILLOW LANE, INCLUDING PARCELS A AND B, AND DIRECTING THE CITY CLERK TO FILE THIS RESOLUTION WITH THE RECORDER OF CONTRA COSTA COUNTY, AND APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH DISCOVERY BUILDERS REGARDING THE PARKS.

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

WHEREAS, on October 26, 2004, the City Council was notified through an informational report of the City Manager’s approval of Final Subdivision Map No. 8601, and acceptance and approval of the Subdivision Agreement; and

WHEREAS, the required public park 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 park improvements, Brighton Station, constructed by Discovery Builders, Inc.

1. Accepts all public park improvements and landscaping located on Parcels A and B of Subdivision No. 8601, identified as Appaloosa and Palomino Parks.
2. Accepts all public park landscaping improvements for maintenance and materials.
3. Approves and authorizes the City Manager or her designee to execute the Agreement with Discovery Builders.
4. Directs the City Clerk to file this resolution with the Recorder of Contra Costa County.

PASSED by the City Council of the City of Brentwood at a regular meeting held on July 22, 2008, by the following vote:
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